(a) The ambulatory surgical center (ASC) shall make a report of the following incidents to the Texas Health and Human Services Commission (HHSC). An incident report form shall be submitted to HHSC Complaint and Incident Intake within 10 business days of the incident.      
        (1) The death of a patient while under the care of the ASC;       
        (2) The transfer of a patient to a hospital;       
        (3) Patient development of complications within 24 hours of discharge from the ASC resulting in admission to a hospital; and       
        (4) A patient stay exceeding 23 hours.       
      (b) On an annual basis, the ASC shall report the types and numbers of procedures performed and the average length of stay during the previous 12-month period. The report shall be made using a form to be prescribed by the department.     
      (c) Any theft of drugs and/or diversion of controlled drugs shall be reported to the local police agency, the Texas State Board of Pharmacy, the Texas Department of Public Safety, and/or the Drug Enforcement Administration, and HHSC.     
      (d) An ASC that performs abortions shall comply with the reporting requirements specified in the Texas Health and Safety Code, Chapters 171 and 245, and Chapter 139 of this title.     
      (e) The ASC shall submit reports to the Department of State Health Services in accordance with the reporting requirements in Texas Health and Safety Code, §98.103 and §98.1045 (relating to Reportable Infections and Reporting of Preventable Adverse Events), and associated rules.     
      (f) Occurrences of fire in the ASC shall be reported as specified under §135.41(a)(2) of this title (relating to Fire Prevention and Protection) and §135.43(b)(6) of this title (relating to Handling and Storage of Gases, Anesthetics, and Flammable Liquids).     
      (g) An ASC that donates human fetal tissue under Texas Health and Safety Code, Chapter 173, shall submit an annual report to the Health and Human Services Commission that includes, for each donation, the specific type of fetal tissue donated and the accredited public or private institution of higher learning that received the donation. The ASC shall submit the annual report no later than January 31st of the subsequent year.     
     Source Note:        The provisions of this §135.26 adopted to be effective June 18, 2009, 34 TexReg 3948; amended to be effective November 25, 2010, 35 TexReg 10232; amended to be effective September 30, 2018, 43 TexReg 6288; amended to be effective April 1, 2021, 46 TexReg 2024