Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998 Page: 7,703
7663-7938 p. ; 28 cm.View a full description of this periodical.
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the section as proposed is in effect, there will be no fiscal
implications to local governments as a result of administering
and enforcing this section as proposed. There will be a fiscal
impact on applicants in that a proposed fee will be charged,
however the amount proposed will cover the department costs
of designating the facilities, therefore, the net effect on state
government will be zero.
Mr. Weatherall has also determined that for each year of the
first five years the section as proposed is in effect, the public
benefit anticipated is the assurance that adequate trauma care
is available to the citizens of Texas. There will be no effect on
small businesses, are no anticipated economic costs to persons
who are required to comply with the section as proposed, and
there is no impact on local employment.
Comments on the proposal may be submitted to Gene Weather-
all, Chief, Bureau of Emergency Management, Texas Depart-
ment of Health, 1100 West 49th Street, Austin, Texas, 78756-
3199, 512/834-6740. Comments will be accepted for 30 days
following publication of the proposal in the Texas Register.
The new section is proposed under the Health and Safety Code,
773.115, which provides the Texas Board of Health (board)
with the authority to adopt rules for the development of an EMS
and trauma care system; and Health and Safety Code 12.001,
which provides the board with the authority to adopt rules for
the performance of every duty imposed by law on the board,
the department, and the commissioner of health.
The new section affects the Health and Safety Code, Chapter
773.
157.131. Requirements for Designation of Trauma Stabilization
Facilities.
(a) The Bureau of Emergency Management (bureau) shall
recommend to the commissioner of health (commissioner) the desig-
nation of trauma stabilization (level V) facilities.
(1) Level V facilities provide resuscitation and prompt
transport of all major and severe trauma patients to a higher level
trauma facility.
(2) Level V facilities have no in-patient or observation
beds.
(3) Level V facilities are not located within 30 miles
or 30 minutes ground transport time of a higher designated trauma
facility unless such a facility would improve appropriate access to and
quality of trauma patient care as confirmed by the regional advisory
council (RAC).
(b) The designation process shall consist of three phases.
(1) The first phase is the application phase which begins
with completing and submitting to the bureau an application and
nonrefundable fee for designation as a trauma facility and ends
when the bureau recommends a site survey (survey) or recommends
designation to the commissioner.
(2) The second phase is the review phase which begins
with the survey, if required, and ends with a bureau recommendation
to the commissioner to designate the facility.
(3) The third phase begins with the commissioner review-
ing the recommendation and ends with his/her final decision. This
phase also includes an appeal procedure for the denial of designation
in accordance with the Texas Department of Health (department) for-
mal hearing procedures as described in Chapter 1 of this title (relating
to Texas Board of Health).(c) A secondary review may be requested by an applicant if
it does not agree with a bureau request for specific corrective action(s)
prior to recommending designation.
(d) The bureau may provide technical assistance to all
applicants throughout the three phases of the designation process for
the purpose of answering questions and clarifying the process.
(e) The bureau's analysis of submitted application materials,
which may result in recommendations for corrective action when
deficiencies are noted, shall include a review of:
(1) the evidence of participation in system planning;ted; and
criteria.(2) the completeness of the application materials submit-
(3) the applicant's self-study for comparison with the(f) When the application phase results in a bureau require-
ment for a survey, the bureau shall notify the applicant as follows.
(1) The applicant shall contract with an approved non-
department surveyor.
(2) The applicant shall notify the bureau of the date of
the planned survey and composition of the survey team.
(3) The applicant shall be responsible for any costs
associated with the survey.
(4) The bureau may appoint an observer to accompany
the survey team. In this event, the cost for the observer shall be borne
by the bureau.
(g) Applicants shall be surveyed by a department represen-
tative, registered nurse or licensed physician. A second surveyor may
be requested by the applicant or the bureau. Non-department survey-
ors must meet the following criteria:
(1) have at least three years experience in the care of
trauma patients;
(2) be currently employed in the coordination of care for
trauma patients;
(3) have direct experience in the preparation for and
successful completion of trauma facility verification/designation;
(4) have successfully completed the department Trauma
Facility Site Surveyor Course;
(5) have current credentials of Trauma Nurse Core
Course (TNCC) for nurses or Advanced Trauma Life Support (ATLS)
for physicians;
(6) have successfully completed a site survey internship
with department staff; and
(7) except department staff, come from a public health
region outside the applicant's location and at least 100 miles from
the applicant.
(h) The survey team shall evaluate the quality of an
applicant's compliance with the requirements set forth in the criteria,
by.
(1) reviewing medical records, staff rosters and schedules,
performance improvement committee meeting minutes and other
documents relevant to trauma care;
(2) reviewing equipment and the physical plant; and
(3) conducting interviews with applicant personnel.PROPOSED RULES July 31, 1998 24 TexReg 7703
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Texas. Secretary of State. Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998, periodical, July 31, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113850/m1/42/: accessed June 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.