reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter C - ENFORCEMENT › Section 139.31 - On-Site Inspections and Complaint Investigations of a Licensed Abortion Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) General. An
				  on-site inspection shall determine if the requirements of the Act and this
				  chapter are being met.
(1) An authorized
				  representative of the commission (surveyor) may enter the premises of a
				  licensed abortion facility at reasonable times during business hours and at
				  other times as it considers necessary to ensure compliance with:
(A) the Act and this chapter;
(B) an order of the executive
				  commissioner;
(C) a court order
				  granting injunctive relief; or
(D)
				  other enforcement actions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter C - ENFORCEMENT › Section 139.32 - License Denial, Suspension, Probation, or Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) may refuse to issue or renew a
				  license for a facility if the facility fails to comply with any provisions of
				  the Act, this chapter, or Health and Safety Code Chapter 171.
(b) Notwithstanding any other part of this
				  chapter, HHSC is prohibited under Health and Safety Code §
										171.005
				  and § 171.207 from enforcing Health and Safety Code Chapter 171,
				  Subchapter H (relating to Detection of Fetal Heartbeat).
(c) HHSC may suspend, place on probation, or
				  revoke the license of a facility for one or more of the following reasons:
(1) the facility commits fraud,
				  misrepresentation, or concealment of a material fact on any documents required
				  to be submitted to HHSC or required to be maintained by the facility pursuant
				  to the Act;
(2) the facility or any
				  of its employees materially alters any license issued by HHSC;
(3) the facility or its employees commits an
				  act which causes immediate jeopardy to the health and safety of a
				  patient;
(4) the facility is cited
				  for deficiencies and fails to submit an acceptable plan of correction in
				  accordance with this chapter;
(5)
				  the facility has been cited for deficiencies and fails to timely comply with
				  minimum standards for licensure within the dates designated in the plan of
				  correction;
(6) the facility or any
				  of its employees has aided, abetted, or permitted the commission of an illegal
				  act;
(7) the facility or any of its
				  employees fails to comply with any provisions of the Act or this
				  chapter;
(8) the facility is not in
				  compliance with minimum standards for licensure;
(9) the facility fails to provide the
				  required application or renewal information;
(10) the facility fails to comply with an
				  order of the commissioner or another enforcement procedure under the
				  Act;
(11) the facility discloses an
				  action described in §
											139.23(c)(2)(C)(xi)
				  and (xii) of this chapter (relating to
				  Application Procedures and Issuance of Licenses);
(12) the facility knowingly employs as the
				  facility administrator or chief financial officer an individual who was
				  convicted of a felony or misdemeanor listed in subsection (d) of this section;
				  or
(13) the facility has a history
				  of failure to comply with the rules adopted under this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter C - ENFORCEMENT › Section 139.33 - Administrative Penalties, Injunction, Criminal Penalties, and Civil Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative
				  penalties.
(1) The department may assess an
				  administrative penalty against a person who violates the Act or this
				  chapter.
(2) The penalty may not
				  exceed $1,000 for each violation. Each day of a continuing violation
				  constitutes a separate violation.
(3) In determining the amount of an
				  administrative penalty assessed under this section, the department shall
				  consider:
(A) the seriousness of the
				  violation;
(B) the history of
				  previous violations;
(C) the amount
				  necessary to deter future violations;
(D) efforts made to correct the violation;
				  and
(E) any other matters that
				  justice may require.
(4)
				  All proceedings for the assessment of an administrative penalty under this
				  section shall be conducted at the State Office of Administrative Hearings, and
				  pursuant to the Health and Safety Code, Chapter 245; the Government Code,
				  Chapter 2001; and the department's formal hearing procedures set out in
				  §§
											1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title.
(5) The department may
				  assess costs against facilities in administrative proceedings in accordance
				  with Health and Safety Code, Chapter 245.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.40 - Adoption by Reference of Ambulatory Surgical Centers Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective
				  September 1, 2014, the department adopts by reference the following sections of
				  Chapter 135 of this title (relating to Ambulatory Surgical Centers) that were
				  in effect on January 1, 2014:
(1) Subchapter
				  A (relating to Operating Requirements for Ambulatory Surgical Centers):
(A) The following definitions are
				  incorporated by reference:
(i)
													§135.2(2)
				  (defining "Action plan");
(ii)
													§135.2(6) (defining "Autologous blood units");
(iii)
													§135.2(7) (defining
				  "Available");
(iv)
													§135.2(10)
				  (defining "Dentist");
(v)
													§135.2(12) (defining "Disposal");
(vi)
													§135.2(13) (defining "Extended
				  observation");
(vii)
													§135.2(14) (defining "Health care practitioners");
(viii)
													§135.2(16) (defining
				  "Medicare");
(ix)
													§135.2(21)
				  (defining "Surgical technologist");
(x)
													§135.2(22) (defining "Title
				  XVIII");
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.41 - Policy Development and Review

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The licensee shall be responsible for the conduct of the licensed abortion
				  facility and shall assume full legal responsibility for developing,
				  implementing, enforcing, and monitoring written policies governing the
				  facility's total operation, and for ensuring that these policies comply with
				  the Act and the applicable provisions of this chapter and are administered so
				  as to provide health care in a safe and professionally acceptable environment.
				  These written policies shall include at a minimum the following:
(1) administrative policies governing the
				  administration of the facility, covering at a minimum:
(A) personnel;
(B) employee orientation, training, and
				  evaluation;
(C) employee and
				  patient record system;
(D) auditing
				  system for monitoring state or federal funds;
(E) advertisements for the
				  facility;
(F) accuracy of public
				  education information materials and activities in relation to abortion, birth
				  control, and sexually-transmitted diseases;
(G) patient education/information services
				  and referral services;
(H)
				  reporting requirements; and
(I)
				  procedures for the resolution of complaints regarding care or services rendered
				  by licensed health professionals and other members of the facility staff,
				  including contract services or staff. The facility shall document the receipt
				  and the disposition of the complaint. The investigation and documentation shall
				  be completed within 30 calendar days after the facility receives the complaint,
				  unless the facility has and documents reasonable cause for a delay.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.42 - Delegation of Authority and Organizational Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) Delegation of authority.
(1) The licensee shall appoint a medical
				  consultant who shall be responsible for:
(A)
				  implementing and enforcing the clinical policies of the facility; and
(B) supervising all medical services provided
				  at the facility, such as medical, nursing, clinical, laboratory, and
				  information/education services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.43 - Personnel Policies

Current through Reg. 49, No. 28; July 12, 2024
The licensee shall develop, implement and enforce policies
					 which shall govern all personnel staffed by the facility using the following
					 minimum criteria:
(1) job
				  descriptions, including qualifications for all personnel providing direct or
				  indirect patient care;
(2) a
				  requirement for orientation of all employees, volunteers, students and
				  contractors to the policies and objectives of the facility and participation by
				  all personnel in employee training specific to their job;
(3) job-related training for each
				  position;
(4) a requirement for an
				  annual evaluation of employee performance;
(5) in-service and continuing education
				  requirements;
(6) a requirement
				  that all personnel providing direct patient care be currently certified in
				  basic life support by the American Heart Association, the American Red Cross,
				  or the American Safety and Health Institute, or in accordance with their
				  individual professional licensure requirements, and if required in their job
				  description or job responsibilities;
(7) a requirement that all personnel having
				  direct contact with patients (employed or contracting with the facility) sign a
				  statement that they have read, understand, and shall respect the rights of all
				  patients as established in §
										139.51
				  of this title (relating to Patient Rights at the Facility); and
(8) a requirement that all personnel complete
				  a training program developed jointly by the department and the Department of
				  Family and Protective Services (DFPS) concerning their individual duties to
				  report child abuse, how to identify and recognize abuse, and the jurisdiction
				  of DFPS and local law enforcement over child abuse.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.44 - Orientation, Training, and Demonstrated Competency

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed abortion facility shall
				  develop and implement a written orientation and training program to familiarize
				  all employees (including office staff) with the facility's policies,
				  philosophy, job responsibilities of all staff, and emergency
				  procedures.
(b) In implementing the
				  orientation and training program, a licensed abortion facility shall orient and
				  train each employee to ensure, through demonstrated competency, that:
(1) the employee understands his or her
				  specific job description;
(2) the
				  employee understands the facility's policy and procedure manual, including
				  protocols and description of the roles and responsibilities of all
				  personnel;
(3) the employee
				  understands, at a minimum but not limited to, the following:
(A) coordination and treatment of patient
				  care;
(B) sterilization and
				  infection control policies;
(C)
				  patient education/information;
(D)
				  informed consent policies;
(E)
				  abortion techniques provided at that facility;
(F) care of the patient before, during, and
				  after an abortion procedure;
(G)
				  patient rights;
(H) possible
				  complications of the abortion procedure; and
(I) prevention of infectious
				  diseases.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.45 - Personnel Records

Current through Reg. 49, No. 28; July 12, 2024
An individual personnel record shall be maintained on each
					 person employed by the licensed abortion facility which shall include, but not
					 be limited to, the following:
(1)
				  current job description for the employee, which is reviewed and revised as
				  needed;
(2) verification of current
				  license and certification of personnel required to have a license and or
				  certification;
(3) clinical
				  laboratory tests results and vaccinations if required by law (e.g.,
				  Mycobacterium tuberculosis, hepatitis B virus);
(4) documentation of the education, training,
				  and experience of the employee, in addition to a copy or verification of the
				  employee's current license or certification credentials, or both; and
(5) documentation of the employee's
				  orientation, in-service, and other educational programs provided by the
				  licensed abortion facility (training), and employee evaluation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.46 - Licensed Abortion Facility Staffing Requirements and Qualifications

Current through Reg. 49, No. 28; July 12, 2024
A licensed abortion facility shall have an adequate number
					 of personnel qualified under this section available to provide direct patient
					 care as needed by all patients; and administrative and nonclinical services
					 needed to maintain the operation of the facility in accordance with the
					 provisions of the Act and this chapter.
(1) Medical consultant. The medical
				  consultant shall be a physician.
(2) Administrator.
(A) The administrator shall be at least 18
				  years of age, and shall meet at least one of the following qualifications:
(i) be a licensed health care
				  professional;
(ii) have a
				  baccalaureate degree, a postgraduate degree, or a professional degree and one
				  year administrative experience in a health care or health-related field;
				  or
(iii) have a minimum of two
				  years of administrative experience in a health care or health-related
				  facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.47 - Licensed Abortion Facility Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrator shall be responsible
				  for implementing and supervising the administrative policies of the
				  facility.
(b) The administrator
				  shall:
(1) employ a qualified staff adequate
				  in number to:
(A) provide the medical and
				  clinical services;
(B) provide the
				  nonclinical services; and
(C)
				  maintain the abortion facility;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.48 - Physical and Environmental Requirements

Current through Reg. 49, No. 28; July 12, 2024
The physical and environmental requirements for a licensed
					 abortion facility are as follows.
(1)
				  A facility shall:
(A) have a safe and
				  sanitary environment, properly constructed, equipped, and maintained to protect
				  the health and safety of patients and staff at all times;
(B) equip each procedure room so that
				  procedures can be performed in a manner that assures the physical safety of all
				  individuals in the area;
(C) have a
				  separate recovery room if moderate sedation/analgesia, deep sedation/analgesia,
				  or general anesthesia are administered at the facility;
(D) have a written protocol for emergency
				  evacuation for fire and other disasters tailored to the facility's geographic
				  location. Each staff member employed by or under contract with the facility
				  shall be able to demonstrate their role or responsibility to implement the
				  facility's emergency evacuation protocol required by this
				  subparagraph;
(E) store hazardous
				  cleaning solutions and compounds in a secure manner and label
				  substances;
(F) have the capacity
				  to provide patients with liquids. The facility may provide commercially
				  packaged food to patients in individual servings. If other food is provided by
				  the facility, it shall be subject to the requirements of Chapter 228 of this
				  title (relating to Retail Food);
(G) provide clean hand washing facilities for
				  patients and staff including running water, and soap;
(H) have two functioning sinks and a
				  functioning toilet; and
(I) have
				  equipment available to sterilize instruments, equipment, and supplies in
				  accordance with §
											139.49(d)
				  of this title (relating to Infection Control Standards) before use in the
				  facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.49 - Infection Control Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Written policies. A licensed abortion facility shall develop, implement, and
				  enforce infection control policies and procedures to minimize the transmission
				  of post-procedure infections. These policies shall include, but not be limited
				  to, the prevention of the transmission of human immunodeficiency virus (HIV),
				  hepatitis B virus (HBV), hepatitis C virus (HCV), Mycobacterium tuberculosis
				  (TB), and Streptococcus species (S. spp.); educational course requirements;
				  cleaning and laundry requirements; and decontamination, disinfection,
				  sterilization, and storage of sterile supplies.
(b) Prevention and control of the
				  transmission of HIV, HBV, HCV, TB, and S. spp.
(1) Universal/standard precautions.
(A) An abortion facility shall ensure that
				  all staff comply with universal/standard precautions as defined in this
				  paragraph.
(i) Universal/standard precautions
				  includes procedures for disinfection and sterilization of reusable medical
				  devices and the appropriate use of infection control, including hand washing,
				  the use of protective barriers, and the use and disposal of needles and other
				  sharp instruments.
(ii)
				  Universal/standard precautions synthesize the major points of universal
				  precautions with the points of body substance precautions and apply them to all
				  patients receiving care in facilities, regardless of their diagnosis or
				  presumed infection status.
(I)
				  Universal/standard precautions apply to:
(-a-) blood;
(-b-) body fluids, secretions, and excretions
				  except sweat, regardless of whether or not they contain visible
				  blood;
(-c-) nonintact skin;
				  and
(-d-) mucous
				  membranes.
(II)
				  Universal/standard precautions are designed to reduce the risk of transmission
				  of microorganisms from both recognized and unrecognized sources of infection in
				  facilities.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.50 - Disclosure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time a
				  woman on whom the abortion is to be performed or induced initially consults
				  with a licensed abortion facility, the facility shall comply with the
				  following.
(1) Provide the woman with a
				  written statement indicating the number of the toll-free telephone line which
				  is maintained by the Texas Health and Human Services Commission (HHSC) to
				  provide specific information relating to licensed abortion facilities in Texas.
				  The statement shall be in accordance with §
											139.6
				  of this chapter (relating to Public Information; Toll-Free Telephone
				  Number).
(2) Provide the woman with
				  a written statement identifying HHSC as the responsible agency for facility
				  complaint investigations. The statement shall indicate that a person may direct
				  a complaint to HHSC Complaint and Incident Intake (CII) and include current CII
				  contact information, as specified by HHSC. All complaints are
				  confidential.
(3) Provide the woman
				  with a copy of HHSC's "A Woman's Right to Know" booklet created for women
				  seeking an abortion, if the woman chooses to view it.
(4) Provide the woman with a copy of HHSC's
				  "A Woman's Right to Know" resource directory (required by Health and Safety
				  Code §
											171.015),
				  if the woman chooses to view it.
(5) Inform the woman of her option to view
				  HHSC's "A Woman's Right to Know" booklet and resource directory on HHSC's
				  Internet website and provide her with the Internet address for obtaining the
				  information.
(6) Provide the woman
				  with a written statement that she may call HHSC at (888) 973-0022, if the
				  facility does not provide her with the information required in paragraphs (3)
				  and (4) of this subsection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.51 - Patient Rights at the Facility

Current through Reg. 49, No. 28; July 12, 2024
A licensed abortion facility shall ensure that all women on
					 whom the abortion is to be performed:
(1) be allowed to make her own choice and
				  self-determination;
(2) are ensured
				  the right to personal privacy and confidentiality of her choices and
				  decisions;
(3) are ensured the
				  right to voluntary and informed consent as defined in Health and Safety Code,
				  §
										171.012,
				  without paying a fee for the informational materials;
(4) are ensured individual counseling
				  concerning private medical information and to be given a private opportunity to
				  ask questions;
(5) be allowed to
				  view their medical record, including the sonogram, if one has been performed,
				  at any time as provided by law;
(6)
				  have access to care and treatment consistent with available resources and
				  generally accepted standards regardless of race, color, national origin, age,
				  sex, religion or disability;
(7)
				  are allowed to ask additional questions after giving consent and to withdraw
				  consent while still medically safe to do so;
(8) are provided freedom from abuse, neglect,
				  or exploitation as those terms are defined in §
										1.204
				  of this title (relating to Abuse, Neglect, and Exploitation Defined);
				  and
(9) be allowed to review the
				  department's informational materials as described in Health and Safety Code,
				  §
										171.014
				  and §
										171.015.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.52 - Patient Education/Information Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  abortion facility shall ensure patient education/information services are
				  provided to each woman on whom the abortion is to be performed or induced to:
(1) ensure compliance with Health and Safety
				  Code §
											171.011
				  (relating to Informed Consent Required), and §171.012 (relating to
				  Voluntary Informed Consent) concerning informed consent by utilizing the
				  sonogram and election form as set out in Health and Safety Code §
											171.012,
				  signed by the woman prior to an abortion procedure, and maintained in the
				  patient's clinical record;
(2)
				  prepare the patient for surgery in a manner that facilitates her safety and
				  comfort;
(3) assist the patient in
				  reaching a decision about the method of post-procedure birth control she will
				  use, if any, and respect her choices; and
(4) ensure, when medically appropriate, the
				  patient is advised of the physician's obligation to take all reasonable steps
				  to maintain the life and health of a child who is born alive.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.54 - Health Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition. For
				  the purposes of this section, the term "health care professional" includes:
(1) a physician;
(2) an advanced practice registered
				  nurse;
(3) a physician
				  assistant;
(4) a registered
				  nurse;
(5) a licensed vocational
				  nurse; or
(6) a licensed mental
				  health practitioner.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.55 - Clinical Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  abortion facility shall maintain a daily patient roster of all patients
				  receiving abortion services. This daily patient roster shall be retained for a
				  period of five years.
(b) A
				  licensed abortion facility shall establish and maintain a clinical record for
				  each patient. A licensed abortion facility shall maintain the record to assure
				  that the care and services provided to each patient is completely and
				  accurately documented, and readily and systematically organized to facilitate
				  the compilation and retrieval of information.
(1) The facility shall have written
				  procedures which are adopted, implemented, and enforced regarding the removal
				  of records and the release of information. A facility shall not release any
				  portion of a patient record to anyone other than the patient except as allowed
				  by law.
(2) All information
				  regarding the care and services shall be centralized in the record and be
				  protected against loss or damage and unofficial use.
(3) The facility shall establish an area for
				  patient record storage. The patient records shall be retrievable within two
				  hours by the facility for patients whose date of the last visit is less than
				  twelve months. For patients whose date of the last visit is greater than twelve
				  months, records shall be retrievable within ten days.
(4) The facility shall ensure that each
				  record is treated with confidentiality.
(5) The clinical record shall be an original,
				  a microfilmed copy, an optical disc imaging system or other electronic means,
				  or a certified copy. An original record includes manually signed paper records
				  or electronically signed computer records. Computerized records shall meet all
				  requirements of paper records including protection from unofficial use and
				  retention for the period specified in subsection (d) of this section. Systems
				  shall assure that entries regarding the delivery of care or services are not
				  altered without evidence and explanation of such alteration.
(6) A facility shall maintain clinical
				  records in their original state. Each entry shall be accurate, dated with the
				  date of entry, and signed by the individual making the entry. Correction fluid
				  or tape shall not be used in the record. Corrections shall be made by striking
				  through the error with a single line, and shall include the date the correction
				  was made and the initials of the person making the correction.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.56 - Emergency Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  abortion facility shall have a readily accessible written protocol for managing
				  medical emergencies and the transfer of patients requiring further emergency
				  care to a hospital. The facility shall ensure that the physicians who practice
				  at the facility:
(1) have active admitting
				  privileges at a hospital that provides obstetrical or gynecological health care
				  services and is located not further than 30 miles from the abortion
				  facility;
(2) provide the pregnant
				  woman with:
(A) a telephone number by which
				  the pregnant woman may reach the physician, or other health care personnel
				  employed by the physician or the facility at which the abortion was performed
				  or induced with access to the woman's relevant medical records, 24 hours a day
				  to request assistance for any complications that arise from the performance or
				  induction of the abortion or ask health-related questions regarding the
				  abortion; and
(B) the name and
				  telephone number of the nearest hospital to the home of the pregnant woman at
				  which an emergency arising from the abortion would be treated.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.57 - Discharge and Follow-Up Referrals

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensed abortion facility shall develop and implement written discharge
				  instructions which shall include:
(1) a list
				  of complications (developed by the facility in conjunction with a physician who
				  practices in the facility) that warrant the patient contacting the facility,
				  which shall include, but not be limited to:
(A) pain;
(B) fever; and
(C) bleeding;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.58 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
A licensed abortion facility shall report a woman's death
					 if it results from a complication(s) of an abortion. The report shall be made
					 by phone or fax within one business day after the facility is notified of the
					 death to the Manager, Facility Licensing Group, Department of State Health
					 Services, Post Office Box 149347, Austin, Texas 78714-9347, telephone (512)
					 834-6646, or fax (512) 834-4514 or (512) 834-6709.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.59 - Anesthesia Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Anesthesia
				  services, when provided in the abortion facility, shall be limited to those
				  that are approved by the governing body, which may include the following:
(1) Topical anesthesia--An anesthetic agent
				  applied directly or by spray to the skin or mucous membranes, intended to
				  produce transient and reversible loss of sensation to the circumscribed
				  area.
(2) Local
				  anesthesia--Administration of an agent that produces a transient and reversible
				  loss of sensation to a circumscribed portion of the body.
(3) Regional anesthesia--Anesthetic injected
				  around a single nerve, a network of nerves, or vein that serves the area
				  involved in a surgical procedure to block pain.
(4) Minimal sedation (anxiolysis)--A
				  drug-induced state during which patients respond normally to verbal commands.
				  Although cognitive function and coordination may be impaired, ventilatory and
				  cardiovascular functions are unaffected.
(5) Moderate sedation/analgesia ("conscious
				  sedation")--A drug-induced depression of consciousness during which patients
				  respond purposefully to verbal commands, either alone or accompanied by light
				  tactile stimulation. No interventions are required to maintain a patent airway,
				  and spontaneous ventilation is adequate. Cardiovascular function is usually
				  maintained. (Reflex withdrawal from a painful stimulus is NOT considered a
				  purposeful response.)
(6) Deep
				  sedation/analgesia--A drug-induced depression of consciousness during which
				  patients cannot be easily aroused but respond purposefully following repeated
				  or painful stimulation. The ability to independently maintain ventilatory
				  function may be impaired. Patients may require assistance in maintaining a
				  patent airway, and spontaneous ventilation may be inadequate. Cardiovascular
				  function is usually maintained. (Reflex withdrawal from a painful stimulus is
				  NOT considered a purposeful response.)
(7) General anesthesia--A drug-induced loss
				  of consciousness during which patients are not arousable, even by painful
				  stimulation. The ability to independently maintain ventilatory function is
				  often impaired. Patients often require assistance in maintaining a patent
				  airway, and positive pressure ventilation may be required because of depressed
				  spontaneous ventilation or drug-induced depression of neuromuscular function.
				  Cardiovascular function may be impaired.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.30 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  implements the applicable provisions of Health and Safety Code, Chapter 781,
				  concerning the regulation and licensing of personal emergency response system
				  (PERS) providers.
(b) These
				  sections cover definitions; fees; petition for rulemaking; application
				  requirements and procedures; requirement for insurance; application processing;
				  categories of licensure and registration; renewal of license or registration;
				  responsibilities and procedures for changes of name or address; standards of
				  conduct for PERS providers; consumer information concerning the department's
				  regulatory functions and procedures for filing complaints; complaint
				  investigations; grounds for disciplinary action; informal disposition; formal
				  hearings; guidelines for issuing licenses and registrations to persons with
				  criminal convictions; and immediate suspension for failure to maintain
				  insurance coverage.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.32 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The fees are as
				  follows:
(1) application and initial license
				  to provide personal emergency response system services--$800;
(2) application for branch office
				  license--$800;
(3) application and
				  initial registration as an installer, manager, branch office manager, or
				  salesperson of a personal emergency response system--$125;
(4) initial registration as an owner,
				  officer, partner, or shareholder of a personal emergency response system
				  services company--$125;
(5) renewal
				  of a license or a branch office license to provide personal emergency response
				  system services--$800;
(6) renewal
				  of a registration as an installer, manager, branch office manager, or
				  salesperson of a personal emergency response system--$125;
(7) renewal of a registration as an owner,
				  officer, partner, or shareholder of a personal emergency response system
				  services company--$125; and
(8)
				  duplicate license, registration, or identification card--$20.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.33 - Petition for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
Procedures for the submission, consideration, and
					 disposition of a petition to adopt a rule are set out in 1 Texas Administrative
					 Code, §351.2(relating to Petition for the Adoption of a
					 Rule).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.35 - Requirement for Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) As required by
				  the Act, the department may not issue a license unless the applicant files with
				  the department:
(1) evidence of a general
				  liability insurance policy on a certificate of insurance form prescribed by the
				  Texas Department of Insurance and countersigned by an insurance agent licensed
				  in this state; or
(2) a certificate
				  of insurance for surplus lines coverage obtained under Insurance Code, Chapter
				  981, through a licensed Texas surplus lines agent resident in this
				  state.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.36 - Application Processing

Current through Reg. 49, No. 28; July 12, 2024
The department shall comply with the following procedures
					 in processing applications for licenses and registrations and applications for
					 license and registration renewal.
(1)
				  The following periods of time shall apply from the date of receipt of an
				  application until the date of issuance of a written notice that the application
				  is complete and accepted for filing or that the application is deficient and
				  additional specific information is required. The license or registration may be
				  sent in lieu of the notice of acceptance of a complete application. The time
				  periods are as follows:
(A) letter of
				  acceptance of application for a license or registration--30 working
				  days;
(B) issuance of license or
				  registration renewal after receipt of documentation of all renewal
				  requirements--20 working days; and
(C) letter of denial of license or
				  registration--30 working days.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.37 - Categories of Licensure and Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A person acts as a personal emergency
				  response system provider if the person sells, installs, services, monitors, or
				  responds to only personal emergency response devices or systems. Unless a
				  person holds a license as a PERS provider or is exempt under the Act, a person
				  may not act as a PERS provider, offer to perform PERS services, or engage in
				  business activity for which a license to provide PERS services is
				  required.
(b) The following
				  individuals engaged in providing PERS services for a licensee must hold a valid
				  registration issued by the department:
(1) an
				  alarm systems installer who installs, maintains, or repairs only personal
				  emergency response systems;
(2) a
				  manager or branch office manager;
(3) a security salesperson who is employed by
				  a licensee to sell services offered by the licensee and enters a client's
				  residence at any time during employment; and/or
(4) an owner, officer, partner, or
				  shareholder who is responsible for managing the business of a
				  licensee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.39 - Changes of Name or Address

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this section is to set out the responsibilities and procedures for name and
				  address changes by a licensee or registrant.
(b) The registrant shall notify the
				  department of changes in name or preferred mailing address within 30 days of
				  such change(s).
(c) Notification of
				  changes shall be made in writing or by telephone and shall include the former
				  and present name, registration number, former and present mailing address, and
				  a copy of the legal name change document, marriage license, or divorce decree,
				  if applicable.
(d) Before a
				  replacement registration will be issued by the department, the registrant shall
				  return any previously issued document(s).
(e) It is the responsibility of the
				  registrant to comply with the provisions of this section. Notice of complaints,
				  violations, disciplinary action, or other correspondence sent to the address in
				  the department's records are deemed received by the registrant.
(f) A licensee that is a corporation or other
				  business entity shall report changes of name or address to the department in
				  advance of the effective date of the change and shall submit documentation of
				  the change as directed by the department.
(g) A license issued to a corporation or
				  other business entity is not transferable in the event of change of ownership
				  of the corporation or business entity. The new owner shall comply with all
				  application requirements and procedures for obtaining an original
				  license.
(h) A new license or
				  registration certificate and identification card shall not be issued until the
				  licensee or registrant has submitted the duplicate license fee as set out in
				  §
										140.32(a)(8)
				  of this title (relating to Fees).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.40 - Standards of Conduct for PERS Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) An advertisement by a licensee or
				  registrant soliciting or advertising business must contain the name and address
				  of the licensee or registrant as shown in the department's records.
(b) A licensee shall require each of its
				  employees or other persons who monitor or respond to personal emergency
				  response devices or systems to complete a structured, on-the-job training
				  program.
(1) A licensee shall include content
				  in the training program that is customized and specific to the services
				  provided by the licensee and to the licensee's consumers.
(2) A licensee shall, upon request by the
				  department, provide documentation regarding the content of the training program
				  and verifying that the training program has been successfully completed by all
				  required personnel.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.41 - Consumer Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall prepare information of interest to consumers or recipients of
				  PERS services describing the department's regulatory functions and the
				  procedures by which complaints are filed with and resolved by the
				  department.
(b) The department
				  shall make the information available to the public and appropriate state
				  agencies.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.42 - Filing Complaints and Complaint Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints alleging that a person has
				  violated the Act or this chapter may be filed with the department on a
				  department complaint form or in writing by regular mail, facsimile, or
				  electronic mail. The department may initiate a complaint based on a telephone
				  call if there is a sufficient basis to proceed.
(b) Upon receipt of a written complaint, the
				  department shall send the complainant an acknowledgment letter. The department
				  shall periodically notify the complainant and the respondent of the status of
				  the complaint until its final disposition.
(c) Anonymous complaints may be investigated
				  by the department if there is a sufficient basis and documentation to
				  proceed.
(d) The department shall
				  investigate the complaint and may recommend that the license or registration be
				  revoked, suspended, placed on probation, or that other appropriate action as
				  authorized by law be taken.
(e) If
				  department staff determines that the complaint is not within the department's
				  jurisdiction, the complainant will be notified. The complaint may be referred
				  to another governmental agency for review.
(f) If department staff determines that there
				  are insufficient grounds to support the complaint, the complaint shall be
				  dismissed. Written notice of the dismissal will be provided to the licensee or
				  registrant or person against whom the complaint has been filed and the
				  complainant.