Texas Administrative Code

(a) Each facility shall submit an annual report to the department through reports required by the Centers for Medicare and Medicaid Services or the department's designee to include aggregate data on specified indicators of the quality of care provided to patients. Examples of ind…

(a) Patient plan of care. (1) A facility shall develop, implement, and enforce policies and procedures on the patient's plan of care process which specifies the services necessary to address the patient's comorbid conditions and other needs based on the patient's interdisciplinar…

(a) The dialysis facility's staff (whether employees or contractors) shall meet the personnel qualifications and demonstrated competencies necessary to serve collectively the comprehensive needs of the patients. The dialysis facility's staff shall have the ability to demonstrate …

(a) A facility shall develop, implement, and enforce policies and procedures for a clinical record system to assure that the care provided to each patient is completely and accurately documented, readily available, and systematically organized to facilitate the compilation and re…

(a) A facility shall report the following incident(s) to the department within ten working days: (1) death of a dialysis patient, which occurs in the facility, at home, or in a hospital; (2) hospital transfers; (3) conversion of staff or a patient to hepatitis B surface antigen (…

A licensed end stage renal disease 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). Notes 25 Tex. Admin. Code…

(a) An individual may not act as a dialysis technician unless that individual is trained and competent under this subchapter. (b) Trainees shall be identified as such during any time spent in the patient treatment area. (c) Until the successful completion of the competency evalua…

(a) Each training program for dialysis technicians shall develop a written curriculum with objectives specified for each section. (b) The training curricula for dialysis technicians shall include the following minimum components: (1) introduction to dialytic therapies to include …

(a) The governing body shall ensure that the core staff members of the facility review the training records of each trainee, including tests and skills checklists, hear comments from the training instructor(s) and preceptor(s), and validate that the trainee has successfully compl…

(a) A training program is required to provide a document to the trainee on the successful completion of the training program and competency evaluation. This document shall indicate that the program completed met the requirements of this subchapter. (b) The document described in s…

Performance of the following acts by any dialysis technician who is not a licensed vocational nurse is prohibited: (1) initiation of patient education; (2) alteration of ordered treatment, including shortening of the treatment time; (3) initiation or discontinuation of dialysis v…

(a) The medical review board (MRB) may assist the department in determining the corrective action required when the results of an inspection or an annual report indicate that significant problems potentially impacting patient outcomes exist. At the conclusion of an on-site inspec…

(a) A person holding a controlling interest in a facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager in accordance with Health and Safety Code, § 251.091. (b) After receiving the request, the de…

(a) Under Health and Safety Code, § 251.092, the department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a temporary manager to manage a facility if: (1) the facility is operating without a license; (2) the depa…

(a) The department may deny, suspend, or revoke a license if the applicant or facility: (1) fails to comply with any provision of the statute; (2) fails to comply with any provision of this chapter; (3) commits fraud, misrepresentation, or concealment of a material fact on any do…

(a) Under Health and Safety Code, §§ 251.066 - 251.070, the department may assess an administrative penalty against a person who violates the statute or this chapter. (b) The penalty may not exceed $1,000 for each violation. Each day of a continuing violation constitutes a separa…

(a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked, or if administrative penalties are assessed against the person. (b) The person shall pa…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

This chapter is promulgated under the authority of the Texas Occupations Code, Chapter 51 and Texas Health and Safety Code, Chapter 401. Notes 16 Tex. Admin. Code § 118.1 Adopted by Texas Register, Volume 42, Number 37, September 15, 2017, TexReg 4815, eff. 11/1/2017

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--Texas Radiation Control Act, Health and Safety Code, Chapter 401. (2) Adverse event--Any death or serious injury, as that term is …

All records required by this chapter shall be properly maintained in accordance to the following time requirements for records keeping: (1) Retain for Three Years: (A) Audits (§118.61); (B) Inventory (§118.31); (C) Instruction to Individuals (§118.70); (D) Protective Eyewear Exam…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Except as provided by subsection (b), the registrant or any other person may not disclose a client record required to be kept by the department, the Department of State Health Services, or another authorized agency. (b) The registrant or any other person may disclose a client…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) This chapter establishes requirements for: (1) radiation safety in the use of lasers or pulsed light devices for hair removal procedures; (2) laser hair removal (LHR) facility operations, training and qualifications for persons performing LHR procedures, customer notification…

(a) The department may prohibit the use of LHR devices that pose a significant threat or endanger occupational or public health and safety, in accordance with §118.2. (b) A person shall not operate a LHR facility unless the person holds a certificate of LHR registration issued by…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Except as otherwise specifically provided, this chapter applies to all persons who operate a location that provides LHR procedures using LHR devices and to all persons who perform or attempt to perform LHR procedures using LHR devices. (b) This chapter does not apply to the m…

(a) A separate LHR application shall be submitted for each LHR facility. (b) A separate certificate of LHR registration is required for each LHR facility. (c) A certificate of LHR registration for a LHR facility is not required for the following: (1) a facility owned or operated …

(a) The LHR facility registrant must notify the department in writing of any changes that would render the information contained in the application for LHR registration or the certificate of LHR registration inaccurate. (b) Notification is required within thirty (30) days of the …

(a) LSO qualifications shall be submitted to the department with the completed LHR facility application and shall include at least the following: (1) educational courses related to laser radiation safety or a LSO course; or (2) familiarity with and experience in the use of LHR de…

(a) All applicants for an individual LHR certificate shall: (1) complete an application on department approved forms; (2) submit the applicable fee(s) specified under §118.80; (3) successfully pass a criminal history background check. (b) Laser Hair Removal Professional Certifica…

(a) A physician or other licensed health professional shall not perform the auditing activities of a LHR professional in accordance with §118.33(c), unless that individual meets the requirements for a LHR professional specified in §118.33(b). (b) A physician or other licensed hea…

(a) Each individual who holds an individual LHR certificate issued by the department shall obtain eight (8) hours of continuing education hours per certificate term to include, but not limited to, the following: (1) refresher training in the topics specified in §118.26; (2) LHR t…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) A facility certificate of LHR registration or individual LHR certificate issued by the department is valid for 2 years. (b) Each applicant for renewal of a facility certificate of LHR registration or individual LHR certificate shall: (1) complete an application on department …

(a) A certifying entity shall meet the following requirements: (1) be a non-governmental organization such as a society, association, business, or school that has an interest in or whose members participate in, or have an interest in, the field of laser hair removal; (2) if a soc…

(a) The consulting physician shall be available for emergency consultation with the facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client. (b) If the consulting physician is unavailable for an em…

(a) The consulting physician shall conduct audits of the registrant's LHR facility to ensure that operations are being conducted in accordance with the protocols established by the contract specified in §118.30. (b) The audits shall be unannounced, shall be conducted at the physi…

(a) No person shall make, sell, lease, transfer, or lend laser hair removal devices unless such devices, when properly placed in operation and use, meet the applicable requirements of this 22 TAC § 289.301. (b) A LHR device used in a LHR facility shall comply with all applicable …

(a) Each person registered by the department shall report to the Department of State Health Services - Radiation Control Program a stolen, lost, or missing LHR device within seventy-two (72) hours after its occurrence becomes known to the registrant. (b) Each person required to m…

(a) All fees paid to the department are non-refundable. (b) The two-year initial certification fee for a facility certificate of LHR registration is $900. (c) The two-year renewal fee for a facility certificate of LHR registration is $750. (d) The two-year initial certification f…