Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020 Page: 2,469
2461-2596 p. ; 28 cm.View a full description of this periodical.
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EMERGENCY
Emergency Rules include new rules, amendments to existing rules, and the repeals of existing
U jL E S rules. A state agency may adopt an emergency rule without prior notice or hearing if the agency
finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or
federal law, requires adoption of a rule on fewer than 30 days' notice. An emergency rule may be effective for not longer than
120 days and may be renewed once for not longer than 60 days (Government Code, 2001.034).DEPARTMENT OF STATE
SERVICESCHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL
REQUIREMENTS
25 TAC 133.51
The Executive Commissioner of the Health and Human Services
Commission (HHSC) adopts on an emergency basis in Title
25, Texas Administrative Code, Chapter 133 Hospital Licens-
ing, new 133.51, concerning an emergency rule in response
to COVID-19, in order to reduce the risk of transmission of
COVID-19. As authorized by Government Code, 2001.034,
the Commission may adopt an emergency rule without prior
notice or hearing upon finding that an imminent peril to the
public health, safety, or welfare requires adoption on fewer than
30 days' notice. Emergency rules adopted under Government
Code 2001.034 may be effective for not longer than 120 days
and may be renewed for not longer than 60 days.
BACKGROUND AND PURPOSE
The purpose of the emergency rulemaking is to support the
Governor's March 13, 2020 proclamation certifying that the
COVID-19 virus poses an imminent threat of disaster in the state
and declaring a state of disaster for all counties in Texas. In this
proclamation, the Governor authorized the use of all available
resources of state government and of political subdivisions that
are reasonably necessary to cope with this disaster and di-
rected that government entities and businesses would continue
providing essential services. The Commission accordingly finds
that an imminent peril to the public health, safety, and welfare of
the state requires immediate adoption of this Emergency Rule
for Hospital Response to COVID-19.
To protect patients and the public health, safety, and welfare
of the state during the COVID-19 pandemic, HHSC is adopting
an emergency rule to restrict entry into a hospital and require
screening of certain persons authorized to enter a hospital.
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Government
Code, 2001.034 and 531.0055, and Health and Safety Code,
241.026. Government Code, 2001.034, authorizes the adop-
tion of emergency rules without prior notice and hearing, if an
agency finds that an imminent peril to the public health, safety,
or welfare requires adoption of a rule on fewer than 30 days'
notice. Government Code, 531.0055, authorizes the Executive
Commissioner of HHSC to adopt rules and policies necessary
for the operation and provision of health and human services byTITLE 25. HEALTH SERVICES
EMERGENCY RULES April 17, 2020 45 TexReg 2469
PART 1.
HEALTHthe health and human services system. Health and Safety Code,
241.026, authorizes the Executive Commissioner of HHSC
to adopt rules governing the development, establishment, and
enforcement of standards for the construction, maintenance,
and operation of licensed hospitals.
133.51. Emergency Rule for Hospital Response to COVID-19.
(a) Based on state law and federal guidance, HHSC deems
COVID-19 a health and safety risk to hospital patients, staff, and the
public and requires a hospital to take the following measures. The
screening required by this section does not apply to emergency ser-
vices personnel entering the hospital in an emergency situation.
(b) A hospital must implement and enforce written policies
and procedures in accordance with this section regarding the visita-
tion rights of patients and setting forth any clinically necessary or rea-
sonable restriction or limitation on such rights and the reasons for the
clinical restriction or limitation.
(c) A hospital must implement and enforce written policies
and procedures regarding the entry of its workforce to protect the health
and safety of patients, employees and staff, and the public.
(d) In this section:
(1) Providers of essential services include, but are not lim-
ited to, contract doctors, contract nurses, hospice workers, other con-
tract healthcare providers, persons providing a survivor of sexual as-
sault with services required by Health and Safety Code Chapter 323,
and a single designated caregiver acting on the patient's behalf.
(2) Persons with legal authority to enter include, but are not
limited to, government personnel performing their official duties and
an attorney or other legally authorized representative of a patient.
(3) Persons providing critical assistance include providers
of essential services, persons with legal authority to enter, a clergy
member authorized by the hospital, one parent of a minor who is a pa-
tient, and family members and friends of a patient at the end of life or
presenting at the emergency department, subject to the hospital's poli-
cies and procedures.
(e) A hospital must prohibit visitors, except as provided by
subsection (f) of this section.
(f) A hospital may allow entry of persons providing critical as-
sistance, unless the person meets one or more of the following screen-
ing criteria:
(1) Fever or signs or symptoms of a respiratory infection,
such as cough, shortness of breath, or sore throat;
(2) Contact in the last 14 days with someone who has a
confirmed diagnosis of COVID-19, someone who is under investiga-
tion for COVID-19, or someone who is ill with a respiratory illness; or
(3) International travel within the last 14 days to
countries with ongoing community transmission. For updated
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Texas. Secretary of State. Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020, periodical, April 17, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1289739/m1/11/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.