Section 568.62 - Medical Services(a) Medical services in treatment plan. A hospital shall provide medical services to a patient in accordance with a treatment plan developed in accordance with § 568.61 of this subchapter (relating to Inpatient Mental Health Treatment and Treatment Planning). (b) Director of psychiatric services. A hospital shall have a director of psychiatric services who directs, monitors, and evaluates the psychiatric services provided. (c) Qualifications of director of psychiatric services. In accordance with Texas Health and Safety Code § 577.008, the director of psychiatric services shall be a physician who: (1) is certified in psychiatry by the American Board of Psychiatry and Neurology or by the American Osteopathic Board of Psychiatry and Neurology; or (2) has three years of experience as a physician in psychiatry in a "mental hospital" as defined in Texas Health and Safety Code § 571.003. (d) Treating physician. A hospital shall assign a treating physician to a patient and document such assignment in the patient's medical record at the time the patient is admitted. (e) Physical examination. (1) A physician shall: (A) review written findings of a physical examination of the patient conducted by another physician no more than seven days before the patient's admission; or (B) conduct a physical examination of the patient. (2) The physical examinations described in paragraph (1) of this subsection shall include a neurological screening and, if indicated, a comprehensive neurological examination. (f) Psychiatric evaluation. A physician shall conduct an initial psychiatric evaluation of a patient. The results of the initial evaluation shall include: (1) a description of the patient's medical history; (2) a determination of the patient's mental status; (3) a description of the onset of the patient's mental illness, any substance-related or addictive disorder, and the circumstances leading to admission; (4) an estimation of the patient's intellectual functioning, memory functioning, and orientation; (5) a description of the patient's strengths and limitations; and (6) the diagnoses of the patient's mental illness and, if applicable, any substance-related and addictive disorders. (g) Re-evaluation. A physician shall re-evaluate a patient: (1) once a day for five of the first seven days after the initial psychiatric evaluation described in subsection (f) of this section is conducted and once a week thereafter; and (2) as clinically indicated. (h) Provision of medical services. A hospital shall provide: (1) medical services to a patient in response to an emergency medical condition in accordance with the plan required by § 568.41 of this chapter (relating to Responding to an Emergency Medical Condition); and (2) other medical services, as needed by the patient, or transfer the patient to a health care entity that can provide the medical services 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). (i) Availability of physicians. At least one physician shall always: (1) be physically present at the hospital to provide medical services to a patient; or (2) be available to staff members by telephone, radio, or audiovisual telecommunication to provide medical consultation.26 Tex. Admin. Code § 568.62
Adopted by Texas Register, Volume 46, Number 21, May 21, 2021, TexReg 3286, eff. 5/27/2021