(a) Reportable conditions and incidents.
  (1) A center shall report communicable diseases required to be reported under the Health and Safety Code, §81.042, and in accordance with the department's rules under §§97.2 - 97.5 of this title (relating to Control of Communicable Diseases).
  (2) The following incidents shall be reported to the department in writing, by mail, or fax within five calendar days of the occurrence to the Manager of Health Facility Compliance Group, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756:
    (A) a death of a client, newborn, or death of a fetus during the course of labor occurring in the center; and
    (B) a death of a client or newborn occurring within 24 hours of discharge from the center or transfer to another health care facility.
(b) Birth certificate filing requirements.
  (1) A center administrator or his or her designee shall:
    (A) file a birth certificate for each birth at the center; or
    (B) ensure that its birth attendants file the birth certificate in accordance with the Health and Safety Code, §192.003.
  (2) A center administrator, his or her designee, or any of its birth attendants shall comply with Health and Safety Code, §195.003 and §195.004.
(c) Death certificate filing requirements. A center administrator or birth attendant shall file a death certificate in accordance with subsection (a)(2) of this section.
(d) Data collection for birth defects. If the department requires data collection concerning birth defects under the Health and Safety Code, §87.022, the center or its birth attendants shall make available for review by the department or by an authorized agent clinical records or other information that are in the center's or birth attendant's custody or control and that relate to the occurrence of a birth defect specified by the board.
(e) A center 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 center shall submit the annual report no later than January 31st of the subsequent year.

Source Note: The provisions of this §137.54 adopted to be effective December 2, 2007, 32 TexReg 8507; amended to be effective September 30, 2018, 43 TexReg