(a) Planning responses to emergency medical conditions. A hospital shall:
  (1) identify potential emergency medical conditions of:
    (A) a patient;
    (B) a prospective patient; and
    (C) an individual who arrives on hospital property, as defined in 42 CFR §489.24(b), requesting examination or treatment for a medical condition; and
  (2) develop a written plan describing the specific and appropriate action to be taken by the hospital to evaluate for and stabilize each identified potential emergency medical condition, which shall include:
    (A) the administration of first aid and basic life support when clinically indicated; and
    (B) the use of the supplies and equipment described in subsection (f)(2) of this section.
(b) Written record of evaluations. The hospital shall keep a written record of all evaluations of individuals who arrive on hospital property, as defined in 42 CFR §489.24(b), requesting examination or treatment for a medical condition. The written record shall include the following information:
  (1) demographic data regarding the individual evaluated, including the name, age, and sex of the individual;
  (2) a description of the individual's complaint or symptoms;
  (3) whether the hospital determined that the individual had an emergency medical condition and, if so, a description of the condition;
  (4) whether the hospital treated or refused to treat the individual;
  (5) whether the individual refused or consented to treatment or transfer;
  (6) whether the hospital stabilized the emergency medical condition;
  (7) whether the hospital admitted or released the individual; and
  (8) whether the hospital transferred the individual and, if so, the individual's destination, time of transfer and mode of transportation.
(c) Availability of physicians. At least one physician shall always:
  (1) be physically present at the hospital to respond to an emergency medical condition of a patient; or
  (2) be available to staff members by telephone, radio, or audiovisual telecommunication to provide medical consultation.
(d) Response to emergency medical conditions. If a hospital determines that a patient, prospective patient, or an individual who arrives on hospital property requesting examination or treatment for a medical condition has an emergency medical condition, the hospital shall:
  (1) act to stabilize the emergency medical condition in accordance with the plan required by subsection (a)(2) of this section; and
  (2) if appropriate, transfer the individual in accordance with the following, as applicable:
    (A) §510.43 of this title (relating to Patient Transfer Policy), or a transfer agreement made in accordance with §510.61 of this title (relating to Patient Transfer Agreements); or
    (B) 25 TAC §133.44 (relating to Hospital Patient Transfer Policy), or a transfer agreement made in accordance with 25 TAC §133.61 (relating to Hospital Patient Transfer Agreements).
(e) Qualified staff members. The hospital shall have an adequate number of staff members who are qualified and available to evaluate for and respond to emergency medical conditions in accordance with the plan required by subsection (a)(2) of this section.
(f) Supplies and equipment.
  (1) The hospital shall have an adequate amount of appropriate supplies and equipment immediately available and fully operational at the hospital to respond to emergency medical conditions in accordance with the plan required by subsection (a)(2) of this section.
  (2) The emergency supplies and equipment required by paragraph (1) of this subsection shall include, at a minimum:
    (A) oxygen;
    (B) airways, manual breathing bags, and masks; and
    (C) an automated external defibrillator.
  (3) If an identifiable inpatient mental health services unit in a hospital licensed under Texas Health and Safety Code Chapter 241 and 25 TAC Chapter 133 (relating to Hospital Licensing) has immediate access to an automated external defibrillator located in another area, the identifiable inpatient mental health services unit is not required to comply with paragraph (2)(C) of this subsection.

Source Note: The provisions of this §568.41 adopted to be effective May 27, 2021, 46 TexReg 3276