Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,042
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25 TAC 135.1 - 135.4, 135.9 - 135.11, 135.14, 135.15,
135.18 - 135.26, 135.29
The amendments and new sections are adopted under Health
and Safety Code, 243.009, concerning rules and minimum
standards to protect and promote the public health and welfare
by providing for the issuance, renewal, denial, suspension, and
revocation of each license; Health and Safety Code, 12.0111,
which requires the department to charge fees for issuing or
renewing a license; 12.0112, which requires the term of
each license issued to be two years; and Government Code,
531.0055, and Health and Safety Code, 1001.075, which
authorize the Executive Commissioner of the Health and Human
Services Commission to adopt rules and policies necessary
for the operation and provision of health and human services
by the department and for the administration of Chapter 1001,
Health and Safety Code.
135.2. Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Ambulatory Surgical Center Licensing Act,
Health and Safety Code, Chapter 243.
(2) Action plan--A written document that includes specific
measures to correct identified problems or areas of concern; identifies
strategies for implementing system improvements; and includes out-
come measures to indicate the effectiveness of system improvements
in reducing, controlling or eliminating identified problem areas.
(3) Administrator--A person who is a physician, registered
nurse, has a baccalaureate or postgraduate degree in administration or
a health-related field, or has one year of administrative experience in a
health care setting.
(4) Advanced Practice Nurse (APN)--A registered nurse,
currently licensed in the State of Texas, or under a multi-state licen-
sure privilege with another compact state, who has been approved by
the Board of Nurse Examiners for the State of Texas (board) to practice
as an advanced practice nurse based on completing an advanced edu-
cational program of study acceptable to the board. The term includes
a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical
nurse specialist.
(5) Adverse event--An event that results in unintended
harm to the patient by an act of commission or omission rather than
by the underlying disease or condition of the patient.
(6) Ambulatory Surgical Center (ASC)--A facility that
primarily provides surgical services to patients who do not require
overnight hospitalization or extensive recovery, convalescent time
or observation. The planned total length of stay for an ASC patient
shall not exceed 23 hours. Patient stays of greater than 23 hours
must be the result of an unanticipated medical condition and shall
occur infrequently. The 23-hour period begins with the induction of
anesthesia.
(7) Autologous blood units--Units of blood or blood prod-
ucts derived from the recipient.
(8) Available--Able to be physically present in the facility
to assume responsibility for the delivery of patient care services within
five minutes.
(9) Certified registered nurse anesthetist (CRNA)--A cur-
rently licensed registered nurse who has current certification from the
Council on Certification of Nurse Anesthetists and who is currently
authorized to practice as an Advanced Practice Nurse by the Board of
Nurse Examiners.(10) Change of ownership--
(A) A sole proprietor who transfers all or part of the
ASC's ownership to another person or persons;
(B) The removal, addition, or substitution of a person or
persons as a general, managing, or controlling partner in an ASC owned
by a partnership and the tax identification number of that ownership
changes; or
(C) A corporation that transfers all or part of the corpo-
rate stock which represents the ASC's ownership to another person or
persons and the tax identification number of that ownership changes.
(11) Dentist--A person who is currently licensed under the
laws of this state to practice dentistry.
(12) Department--The Department of State Health Ser-
vices.
(13) Disposal--The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste or hazardous waste
(whether containerized or uncontainerized) into or on any land or water
so that such solid waste or hazardous waste or any constituent thereof
may enter the environment or be emitted into the air or discharge into
any waters, including ground waters.
(14) Electronic Signature--Signature produced or gener-
ated on a computer.
(15) Extended observation--The period of time that a pa-
tient remains in the facility following recovery from anesthesia and
discharge from the post anesthesia care unit, during which additional
comfort measures or observation may be provided.
(16) FDA-approved blood bank--A facility that has been li-
censed in accordance with the Food and Drug Administration require-
ments in the preparation of blood and blood products.
(17) Health care practitioners (Qualified Medical Person-
nel)--Individuals currently licensed under the laws of this state who
are authorized to provide services in an ASC.
(18) Licensed vocational nurse (LVN)--A person who is
currently licensed under the Nursing Practice Act by the Board of Nurse
Examiners for the State of Texas as a licensed vocational nurse or who
holds a valid vocational nursing license with multi-state licensure priv-
ilege from another compact state.
(19) Medical error--The failure of a planned action to be
completed as intended, the use of a wrong plan to achieve an aim, or
the failure of an unplanned action that should have been completed,
that results in an adverse event.
(20) Medicare-approved reference laboratory--A facility
that has been certified and found eligible for Medicare reimbursement,
and includes hospital laboratories which may be Joint Commission
on Accreditation of Healthcare Facilities or American Osteopathic
Association accredited or nonaccredited Medicare approved hospitals,
Medicare certified independent laboratories.
(21) Physician--A person who is currently licensed under
the laws of this state to practice medicine and who holds a doctor of
medicine or a doctor of osteopathy degree.
(22) Person--Any individual, firm, partnership, corpora-
tion, or association.
(23) Premises--A building where patients receive outpa-
tient surgical services.30 TexReg 7042 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/68/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.