(a) Anesthesia services, when provided in the abortion facility, shall be limited to those that are approved by the governing body, which may include the following:
  (1) Topical anesthesia--An anesthetic agent applied directly or by spray to the skin or mucous membranes, intended to produce transient and reversible loss of sensation to the circumscribed area.
  (2) Local anesthesia--Administration of an agent that produces a transient and reversible loss of sensation to a circumscribed portion of the body.
  (3) Regional anesthesia--Anesthetic injected around a single nerve, a network of nerves, or vein that serves the area involved in a surgical procedure to block pain.
  (4) Minimal sedation (anxiolysis)--A drug-induced state during which patients respond normally to verbal commands. Although cognitive function and coordination may be impaired, ventilatory and cardiovascular functions are unaffected.
  (5) Moderate sedation/analgesia ("conscious sedation")--A drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. (Reflex withdrawal from a painful stimulus is NOT considered a purposeful response.)
  (6) Deep sedation/analgesia--A drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained. (Reflex withdrawal from a painful stimulus is NOT considered a purposeful response.)
  (7) General anesthesia--A drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.
(b) An anesthesia department shall be required if moderate sedation/analgesia, deep sedation/analgesia, or general anesthesia are administered at the facility and shall be under the medical direction of a physician approved by the governing body upon the recommendation of the abortion facility medical staff.
(c) The medical staff shall develop written policies and practice guidelines for the anesthesia service, which shall be approved, implemented and enforced by the governing body. The policies and guidelines shall include consideration of the applicable practice standards and guidelines of the American Society of Anesthesiologists, the American Association of Nurse Anesthetists, and the licensing rules and standards applicable to those categories of licensed professionals qualified to administer anesthesia.
(d) Only personnel who have been approved by the facility to provide anesthesia services shall administer anesthesia. All approvals or delegations of anesthesia services as authorized by law shall be documented and include the training, experience, and qualifications of the person who provided the service. A qualified registered nurse (RN) who is not a certified registered nurse anesthetist (CRNA), in accordance with the orders of the operating surgeon, anesthesiologist, or CRNA may administer topical anesthesia, local anesthesia, minimal sedation and moderate sedation, in accordance with all applicable rules, polices, directives and guidelines issued by the Texas Board of Nursing. When an RN who is not a CRNA administers sedation, as permitted in this paragraph, the facility shall:
  (1) verify that the registered nurse has the requisite training, education, and experience;
  (2) maintain documentation to support that the registered nurse has demonstrated competency in the administration of sedation;
  (3) with input from the facility's qualified anesthesia providers, develop, implement and enforce detailed, written policies and procedures to guide the registered nurse; and
  (4) ensure that, when administering moderate sedation during a procedure, the registered nurse has no other duties except to monitor the patient.
(e) Anesthesia shall not be administered unless the operating surgeon has evaluated the patient immediately prior to the procedure to assess the risk of the anesthesia and of the procedure to be performed.
(f) The CRNA, the anesthesiologist, or the operating surgeon shall be available until all of his or her patients operated on that day have been discharged from the recovery room.
(g) Patients who have received anesthesia shall be evaluated for proper anesthesia recovery by the operating surgeon or the person administering the anesthesia prior to discharge from the recovery room using criteria approved by the medical staff.
(h) Patients who remain in the facility for extended observation following discharge from the recovery room shall be evaluated immediately prior to leaving the facility by a physician, the person administering the anesthesia, or a registered nurse acting in accordance with physician's orders and written policies, procedures and criteria developed by the medical staff.
(i) A physician shall be on call and able to respond physically or by telephone within 30 minutes until all patients have been discharged from the abortion facility.
(j) Emergency equipment and supplies appropriate for the type of anesthesia services provided shall be maintained and accessible to staff at all times.
  (1) Functioning equipment and supplies which are required for all facilities include:
    (A) suctioning equipment, including a source of suction and suction catheters in appropriate sizes for the population being served;
    (B) source of compressed oxygen;
    (C) basic airway management equipment, including oral and nasal airways, face masks, and self-inflating breathing bag valve set;
    (D) blood pressure monitoring equipment; and
    (E) emergency medications specified by the medical staff and appropriate to the type of surgical procedures and anesthesia services provided by the facility.
  (2) In addition to the equipment and supplies required under paragraph (1) of this subsection, facilities which provide moderate sedation/analgesia, deep sedation/analgesia, regional analgesia and/or general anesthesia shall provide the following:
    (A) intravenous equipment, including catheters, tubing, fluids, dressing supplies, and appropriately sized needles and syringes;
    (B) advanced airway management equipment, including laryngoscopes and an assortment of blades, endotracheal tubes and stylets in appropriate sizes for the population being served;
    (C) a mechanism for monitoring blood oxygenation, such as pulse oximetry;
    (D) electrocardiographic monitoring equipment;
    (E) cardiac defibrillator; and
    (F) pharmacologic antagonists as specified by the medical staff and appropriate to the type of anesthesia services provided.

Source Note: The provisions of this §139.59 adopted to be effective June 28, 2009, 34 TexReg 4125