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(a)The ambulatory surgical center (ASC) shall make
a report of the following incidents to the Texas Health and Human
Services Commission (HHSC). An incident report form shall be submitted
to HHSC Complaint and Incident Intake within 10 business days of the
incident.
(1)The death of a patient while under the care of
the ASC;
(2)The transfer of a patient to a hospital;
(3)Patient development of complications within 24
hours of discharge from the ASC resulting in admission to a hospital;
and
(4)A patient stay exceeding 23 hours.
(b)On an annual basis, the ASC shall report the types
and numbers of procedures performed and the average length of stay
during the previous 12-month period. The report shall be made using
a form to be prescribed by the department.
(c)Any theft of drugs and/or diversion of controlled
drugs shall be reported to the local police agency, the Texas State
Board of Pharmacy, the Texas Department of Public Safety, and/or the
Drug Enforcement Administration, and HHSC.
(d)An ASC that performs abortions shall comply with
the reporting requirements specified in the Texas Health and Safety
Code, Chapters 171 and 245, and Chapter 139 of this title.
(e)The ASC shall submit reports to the Department
of State Health Services in accordance with the reporting requirements
in Texas Health and Safety Code, §98.103 and §98.1045 (relating
to Reportable Infections and Reporting of Preventable Adverse Events),
and associated rules.
(f)Occurrences of fire in the ASC shall be reported
as specified under §135.41(a)(2) of this title (relating to Fire
Prevention and Protection) and §135.43(b)(6) of this title (relating
to Handling and Storage of Gases, Anesthetics, and Flammable Liquids).
(g)An ASC that donates human fetal tissue under Texas
Health and Safety Code, Chapter 173, shall submit an annual report
to the Health and Human Services Commission that includes, for each
donation, the specific type of fetal tissue donated and the accredited
public or private institution of higher learning that received the
donation. The ASC shall submit the annual report no later than January
31st of the subsequent year.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office
of the Secretary of State on March 12, 2021
TRD-202101025 Karen Ray
Chief Counsel
Department of State Health and Services
Effective date: April 1, 2021
Proposal publication date: November 20, 2020
For further information, please call: (512) 834-4591
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