In final rules published in the January 24, 2020 Texas Register, the Texas Department of State Health Services established a new operational requirement for ambulatory surgical centers and freestanding emergency medical care facilities to establish a nursing peer review committee. The changes had been proposed on September 13, 2019. The Department did not receive any comments regarding either proposed rule and the final rules were adopted without changes to the proposed text.
The final rules were implemented to comply with House Bill 3296, passed in the 85th Legislature in 2017. House Bill 3296 became effective September 1, 2017 and amended section 303.0015 of the Texas Occupations Code:
Sec. 303.0015. REQUIRED ESTABLISHMENT OF NURSING PEER REVIEW COMMITTEE. (a) A person shall establish a nursing peer review committee to conduct nursing peer review under this chapter and Chapter 301:
(1) for vocational nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses; and
(2) for professional nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses, at least four of whom are registered nurses.(b) A person required to establish a nursing peer review committee under this section may contract with another entity to conduct the peer review for the person.
The newly implemented rule at 25 TAC 135.15(c) requires ambulatory surgical centers to “establish a nursing peer review committee to conduct nursing peer review, as required by Texas Occupations Code, Chapter 303.”
The newly implemented rule at 25 TAC 131.45(d) requires freestanding emergency medical care facilities to “establish a nursing peer review committee to conduct a nursing peer review, as required by Texas Occupations Code, Chapter 303.”
Norton Rose Fulbright professionals are available to provide additional information and guidance regarding compliance with these new requirements.