(a) A separate LHR application shall be submitted for each LHR facility.
(b) A separate certificate of LHR registration is required for each LHR facility.
(c) A certificate of LHR registration for a LHR facility is not required for the following:
  (1) a facility owned or operated by a physician for the practice of medicine;
  (2) a licensed hospital; or
  (3) a clinic owned or operated by a licensed hospital.
(d) A certificate of LHR registration is required for a facility owned or operated by a physician that performs only LHR procedures.
(e) A certificate of laser registration issued in accordance with 22 TAC §289.301 may be required for the entities specified in subsection (c) that own, possess, or use lasers for purposes other than LHR.
(f) An applicant for a facility certificate of LHR registration shall complete a department-approved application which must include:
  (1) a qualified LSO designated on each application form pursuant to §118.32;
  (2) a qualified LHR professional(s) designated on each application form;
  (3) A copy of a written contract with a consulting physician which includes the following:
    (A) proper protocols for the services provided by the consulting physician at the facility as specified in §118.60;
    (B) a provision for the consulting physician to audit the LHR facility's protocols and operations in accordance with §118.61;
    (C) a commitment that the consulting physician shall be available for emergency consultation with the LHR facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client; and
    (D) a designated physician who shall be available for the consultation with the LHR facility relating to care for the client if the consulting physician is unavailable;
  (4) the required fee prescribed under §118.80.
(g) An application for a LHR facility shall be signed by an operator and LSO.

Source Note: The provisions of this §118.30 adopted to be effective November 1, 2017, 42 TexReg 4815