TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 131. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES

SUBCHAPTER C. OPERATIONAL REQUIREMENTS

25 TAC §131.61

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §131.61, concerning Reporting Requirements, in Texas Administrative Code (TAC) Title 25, Part 1, Chapter 131, Subchapter C with changes to the proposed text as published in the July 19, 2019, issue of the Texas Register (44 TexReg 3611) and therefore will be republished.

BACKGROUND AND JUSTIFICATION

This amendment is necessary to implement House Bill (H.B.) 13, 85th Legislature, Special Session, 2017, which amended the Texas Health and Safety Code, Chapter 171 by adding new abortion complication reporting requirements for freestanding emergency medical care facilities (FEMCs). This legislation requires HHSC to adopt rules necessary to implement this chapter.

COMMENTS

The 30-day comment period ended August 19, 2019.

During this period, HHSC received comments regarding the proposed rule from three commenters, including the Texans for Life Coalition, the Texas Medical Association, and the Texas Conservative Coalition Research Institute. A summary of comments relating to the rule and HHSC's responses follows.

Comment: Two commenters supported the proposal and its adherence to the requirements of H.B. 13.

Response: HHSC thanks the commenters for their participation in the public comment period. No revision is needed.

Comment: Regarding proposed §131.61 (Reporting Requirements), the commenter suggested amending proposed §131.61(e) to read, "A facility at which an abortion complication...is diagnosed or treated" rather than the previous, "A facility that diagnoses or treats an abortion complication," because it is a physician or other medical professional that diagnoses and treats abortion complications, not a facility. The commenter suggests that this change allows for greater clarity in the rule language and is more consistent with underlying statute.

Response: HHSC agrees and has revised the rule as requested.

STATUTORY AUTHORITY

The amendments are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies.

§131.61.Reporting Requirements.

(a) A facility shall report the following incidents to the department:

(1) the death of a patient while under the care of the facility;

(2) a patient stay exceeding 23 hours; and

(3) 9-1-1 activation.

(b) Reports under subsection (a) of this section shall be on a form provided by the department. The report shall contain a written explanation of the incident and the name of the individual responsible. The report shall be faxed or mailed to the department not later than the 10th business day after the incident.

(c) A facility shall report any abuse, theft, or diversion of controlled drugs in accordance with applicable federal and state laws, and shall report the incident to the chief executive officer of the facility.

(d) A facility shall report occurrences of fires in the facility as specified under §131.121 of this title (relating to Fire Prevention, Protection, and Emergency Contingency Plan) and §131.123 of this title (relating to Handling and Storage of Gases, Anesthetics, and Flammable Liquids).

(e) A facility at which an abortion complication, as defined in §139.2 of this title (relating to Definitions), is diagnosed or treated shall comply with §139.5 of this title (relating to Additional Reporting Requirements).

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 October 15, 2019.

TRD-201903764

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: November 4, 2019

Proposal publication date: July 19, 2019

For further information, please call: (512) 834-4591


CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSING

SUBCHAPTER A. GENERAL PROVISIONS

25 TAC §139.1

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §139.1, concerning Purpose and Scope, in Texas Administrative Code Title 25, Part 1, Chapter 139, Subchapter A, without changes to the proposed text as published in the July 19, 2019, issue of the Texas Register (44 TexReg 3613) and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

This amendment is necessary to correct a reference to abortion reporting procedures for abortion facilities and implement House Bill (H.B.) 13, 85th Legislature, Special Session, 2017, which amended the Texas Health and Safety Code Chapter 171. This legislation requires HHSC to adopt rules necessary to implement this chapter.

COMMENTS

The 30-day comment period ended August 19, 2019.

During this period, HHSC received comments regarding the proposed rule from two commenters, including the Texans for Life Coalition and the Texas Conservative Coalition Research Institute. A summary of comments relating to the rule and HHSC's responses follows.

Comment: Two commenters supported the proposal and its adherence to the requirements of H.B. 13.

Response: HHSC thanks the commenters for their participation in the public comment period. No rule change is needed.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies.

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 October 15, 2019.

TRD-201903765

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: November 4, 2019

Proposal publication date: July 19, 2019

For further information, please call: (512) 834-4591