Current through Reg. 49, No. 38; September 20, 2024
(a) Planning responses to emergency medical
conditions. A hospital shall:
(1) identify
potential emergency medical conditions of:
(A) a patient;
(B) a prospective patient; and
(C) an individual who arrives on hospital
property, as defined in
42
CFR §
489.24(b),
requesting examination or treatment for a medical condition; and
(2) develop a written plan
describing the specific and appropriate action to be taken by the hospital to
evaluate for and stabilize each identified potential emergency medical
condition, which shall include:
(A) the
administration of first aid and basic life support when clinically indicated;
and
(B) the use of the supplies
and equipment described in subsection (f)(2) of this section.
(b) Written record of
evaluations. The hospital shall keep a written record of all evaluations of
individuals who arrive on hospital property, as defined in
42
CFR §
489.24(b),
requesting examination or treatment for a medical condition. The written record
shall include the following information:
(1)
demographic data regarding the individual evaluated, including the name, age,
and sex of the individual;
(2) a
description of the individual's complaint or symptoms;
(3) whether the hospital determined that the
individual had an emergency medical condition and, if so, a description of the
condition;
(4) whether the
hospital treated or refused to treat the individual;
(5) whether the individual refused or
consented to treatment or transfer;
(6) whether the hospital stabilized the
emergency medical condition;
(7)
whether the hospital admitted or released the individual; and
(8) whether the hospital transferred the
individual and, if so, the individual's destination, time of transfer and mode
of transportation.
(c)
Availability of physicians. At least one physician shall always:
(1) be physically present at the hospital to
respond to an emergency medical condition of a patient; or
(2) be available to staff members by
telephone, radio, or audiovisual telecommunication to provide medical
consultation.
(d)
Response to emergency medical conditions. If a hospital determines that a
patient, prospective patient, or an individual who arrives on hospital property
requesting examination or treatment for a medical condition has an emergency
medical condition, the hospital shall:
(1)
act to stabilize the emergency medical condition in accordance with the plan
required by subsection (a)(2) of this section; and
(2) if appropriate, transfer the individual
in accordance with the following, as applicable:
(A)
§
510.43 of
this title (relating to Patient Transfer Policy), or a transfer agreement made
in accordance with §
510.61
of this title (relating to Patient Transfer Agreements); or
(B) 25 TAC §
133.44(relating
to Hospital Patient Transfer Policy), or a transfer agreement made in
accordance with 25 TAC §
133.61(relating
to Hospital Patient Transfer Agreements).
(e) Qualified staff members. The hospital
shall have an adequate number of staff members who are qualified and available
to evaluate for and respond to emergency medical conditions in accordance with
the plan required by subsection (a)(2) of this section.
(f) Supplies and equipment.
(1) The hospital shall have an adequate
amount of appropriate supplies and equipment immediately available and fully
operational at the hospital to respond to emergency medical conditions in
accordance with the plan required by subsection (a)(2) of this section.
(2) The emergency supplies and
equipment required by paragraph (1) of this subsection shall include, at a
minimum:
(A) oxygen;
(B) airways, manual breathing bags, and
masks; and
(C) an automated
external defibrillator.
(3) If an identifiable inpatient mental
health services unit in a hospital licensed under Texas Health and Safety Code
Chapter 241 and 25 TAC Chapter 133 (relating to Hospital Licensing) has
immediate access to an automated external defibrillator located in another
area, the identifiable inpatient mental health services unit is not required to
comply with paragraph (2)(C) of this subsection.
