(a) Advisory committee members.
  (1) A hospital shall establish an advisory committee that meets the requirements of Texas Health and Safety Code Chapter 161, Subchapter D (relating to Medical Committees, Medical Peer Review Committees, and Compliance Officers).
  (2) At least one-third of the advisory committee shall be registered nurses (RNs) who provide direct patient care at least 50 percent of their work time and at least one of the RNs shall be from either infection control, quality assurance, or risk management.
  (3) For an identifiable mental health services unit in a hospital licensed under Texas Health and Safety Code Chapter 241 (relating to Hospitals) and 25 TAC Chapter 133 (relating to Hospital Licensing), the advisory committee may be the advisory committee required by 25 TAC §133.41 (relating to Hospital Functions and Services).
(b) Advisory committee responsibilities. The advisory committee shall:
  (1) consider input from RNs and licensed vocational nurses (LVNs) regarding the adequacy of the staffing plan required by §568.63(g) of this chapter (relating to Nursing Services), including any concerns reported in accordance with the process required by §568.63(h) of this chapter;
  (2) consider variances between planned and actual numbers of staff members, as indicated by a report to the advisory committee by the director of psychiatric nursing (DPN) made in accordance with §568.63(g)(6) of this chapter;
  (3) make recommendations regarding the adequacy of the staffing plan required by §568.63(g) of this chapter;
  (4) evaluate, at least annually, the staffing plan required by §568.63(g) of this chapter including, in part, evaluating the aggregated data required by §568.141(d)(2) of this subchapter (relating to Quality Assessment and Performance Improvement Program) to determine if such data has a relationship to the adequacy of the staffing plan; and
  (5) document in the minutes of its meetings the actions required in paragraphs (1) - (4) of this subsection.
(c) Confidentiality of advisory committee records. As provided by Texas Health and Safety Code §161.032, the records and proceedings of the advisory committee are confidential and not subject to disclosure under Texas Government Code Chapter 552 (the Texas Public Information Act), and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release.

Source Note: The provisions of this §568.144 adopted to be effective May 27, 2021, 46 TexReg 3276