Section 510.44 - Miscellaneous Policies and Protocols(a) Determination of death. The facility shall adopt, implement, and enforce protocols to be used in determining death which comply with Texas Health and Safety Code (HSC) Chapter 671, Subchapter A.(b) Organ and tissue donors. The facility shall adopt, implement, and enforce a written protocol to identify potential organ and tissue donors which complies with the HSC Chapter 692A. The facility shall make its protocol available to the public during the facility's normal business hours. The facility's protocol shall include all requirements in HSC §692A.015.(c) Professional nurse reporting and peer review. A facility shall adopt, implement, and enforce a policy to ensure that the facility complies with Texas Occupations Code Chapter 301, Subchapter I and Texas Occupations Code Chapter 303, and with the rules adopted by the Texas Board of Nursing at Texas Administrative Code, Title 22 §217.16 (relating to Minor Incidents), §217.19 (relating to Incident-Based Nursing Peer Review and Whistleblower Protections) and §217.20 (relating to Safe Harbor Nursing Peer Review and Whistleblower Protections ).(d) Discrimination prohibited. A facility shall not discriminate based on a patient's disability and shall comply with HSC Code Chapter 161, Subchapter S.(e) Prohibited discharge of a patient to certain group-centered facilities. A facility shall comply with HSC §256.003. (1) Except as provided by paragraph (2) of this subsection, a facility may discharge or release a patient to a group home, boarding home facility, or similar group-centered facility only if the person operating the group-centered facility holds a license or permit issued in accordance with applicable state law. (2) A facility may discharge or release a patient to a group home, boarding home facility, or similar group-centered facility operated by a person who does not hold a license or permit issued in accordance with applicable state law only if: (A) there is no group-centered facility operated in the county where the patient is discharged that is operated by a person holding the applicable license or permit; or (B) the patient voluntarily chooses to reside in the group-centered facility operated by an unlicensed or unpermitted person.26 Tex. Admin. Code § 510.44
The provisions of this §510.44 adopted to be effective January 1, 2004, 28 TexReg 5154; Chapter Transferred from Title 25, Part 1, Chapter 134 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2469, eff. 6/1/2019; Amended by Texas Register, Volume 46, Number 53, December 31, 2021, TexReg 9400, eff. 1/6/2022; Amended by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10649, eff. 12/31/2024