26 Tex. Admin. Code § 554.1010 - Nursing Practices
(a) A licensed
nurse must practice within the constraints of applicable state laws and
regulations governing their practice, including the Nurse Practice Act, and
must follow the guidelines contained in the facility's written policies and
procedures.
(b) A nurse must enter,
or approve and sign, nurses' notes in the following instances:
(1) at least monthly; and
(2) at the time of any physical complaints,
accidents, incidents, and change in condition or diagnosis, and progress. All
of these situations must be promptly recorded as exceptions and included in the
clinical record.
(c) If
permitted by written policies of the nursing facility, an RN or a physician's
assistant may determine and pronounce a resident dead unless a resident is
being supported by artificial means that preclude a determination that the
resident's spontaneous respiratory and circulatory functions have ceased. The
facility's nursing staff and the medical staff or consultant must have jointly
developed and approved the policies. The policies must include the following
requirements:
(1) The apparent death of a
resident must be reported immediately to the attending physician, relatives,
and any guardian or legal representatives.
(2) The body of a deceased resident must not
be removed from the facility without a physician's or registered nurse's
authorization. Telephone authorization is acceptable, if not in conflict with
local regulations. Authorization by a justice of the peace, acting as a
coroner, is sufficient when the attending or consulting physician or registered
nurse is not available.
(3) A death
that involves trauma, or unusual or suspicious circumstances, must be reported
immediately, in accordance with local regulations, and to HHSC , in accordance
with § 554.602(g)(2) of this chapter (relating to Incidents of Abuse,
Neglect, and Exploitation Reportable to the Texas Health and Human Services
Commission and Law Enforcement Agencies by Facilities). Deaths must also be
reported to HHSC monthly, in accordance with § 554.606 of this chapter
(relating to Reporting of Resident Death Information).
Notes
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