(a) Determination of death. The hospital shall adopt, implement, and enforce protocols to be used in determining death which comply with Health and Safety Code (HSC), Title 8, Subtitle A, Chapter 671, Subchapter A (relating to Determination of Death).
(b) Organ and tissue donors. The hospital shall adopt, implement, and enforce a written protocol to identify potential organ and tissue donors which is in compliance with the Texas Anatomical Gift Act, HSC, Chapter 692. The hospital shall make its protocol available to the public during the hospital's normal business hours. The hospital's protocol shall include all requirements in HSC, §692.013 (relating to Hospital Protocol).
(c) Professional nurse reporting and peer review. A facility shall adopt, implement, and enforce a policy to ensure that the facility complies with Occupations Code, §301.401 (relating to Grounds for Reporting Registered Nurse), §301.402 (relating to Duty of Registered Nurse to Report), §301.403 (relating to Duty of Peer Review Committee to Report), §301.404 (relating to Duty of Nursing Educational Program to Report), §301.405 (relating to Duty of Person Employing Registered Nurse to Report), and Chapter 303 (relating to Nursing Peer Review), and with the rules adopted by the Board of Nurse Examiners at 22 Texas Administrative Code, §217.16 (relating to Minor Incidents), §217.19 (relating to Incident-Based Nursing Peer Review) and §217.20 (relating to Safe Harbor Peer Review for RNs).
(d) Discrimination prohibited. A facility shall not discriminate based on a patient's disability and shall comply with Texas Health and Safety Code Chapter 161, Subchapter S (relating to Allocation of Kidneys and Other Organs Available for Transplant).

Source Note: The provisions of this §510.44 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469; amended to be effective January 6, 2022, 46 TexReg 9399