Current through Reg. 49, No. 38; September 20, 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.
(2) clinical policies governing
medical and clinical practices and procedures of the facility, covering at a
minimum:
(A) the provision of medical and
clinical services;
(B) the
provision of laboratory services;
(C) examination of fetal tissue;
(D) disposition of medical waste;
(E) emergency services;
(F) condition on discharge
procedures;
(G) clinical
records;
(H) reporting and filing
requirements; and
(I) monitoring
post-procedure infection(s).
(3) a policy to ensure that the facility is
in compliance with fire safety provisions as required by the local
codes;
(4) policies on
decontamination, disinfection, and sterilization, and storage of sterile
supplies;
(5) policies for parental
notice for unemancipated pregnant minors as stipulated in Family Code, Chapter
33;
(6) policies for informed
consent as stipulated in Health and Safety Code, Chapter 171, the Woman's Right
to Know Act;
(7) policies for
reporting suspected abuse or neglect as stipulated in Family Code, Chapter 261;
and
(8) policies to ensure all
women who present to obtain an abortion provide identification that includes
the woman's date of birth.
(A) If the woman
does not have identification stating her date of birth, she shall be required
to execute an affidavit on a form published by the department indicating that
she does not have appropriate identification and indicating her date of birth
on the affidavit.
Attached
Graphic
(B) The
facility shall keep a copy of the identification presented or the affidavit in
its files.
(b) The licensee, in fulfilling its
responsibility under subsection (a) of this section, shall review the
facility's written policies and procedures periodically, but no less than once
every two years; date to indicate time of last review; revise as necessary; and
enforce.
