1. (a) Written policies and procedures. A hospital shall develop written policies and procedures that ensure compliance with this subchapter.
2. (b) Compliance by staff. All staff members shall comply with this subchapter and the policies and procedures of the hospital required by subsection (a) of this section.
3. (c) Responsibility of hospital. A hospital shall be responsible for a staff member's compliance with this subchapter and the policies and procedures required by subsection (a) of this section.
4. (d) Enforcement of policies and procedures. A hospital shall take appropriate measures to ensure a staff member's compliance with this subchapter and the policies and procedures required by subsection (a) of this section.
5. (e) Implementation of physician orders. A hospital shall implement all orders issued by a physician for a patient or provide adequate written justification for failing to implement the orders.
6. (f) Physician delegation. Except as provided by §568.22(h)(3) of this chapter (relating to Voluntary Admission), or other state law as applicable, a physician may delegate any medical service described in this subchapter in accordance with Texas Occupations Code §157.001.

7. (g) Compliance with rules. A hospital shall comply with the following HHSC rules:

   1. (1) 25 TAC Chapter 405, Subchapter E (relating to Electroconvulsive Therapy (ECT));
   2. (2) 25 TAC Chapter 415, Subchapter A (relating to Prescribing of Psychoactive Medication);
   3. (3) 25 TAC Chapter 415, Subchapter F (relating to Interventions in Mental Health Services) however, this does not prohibit the use of law enforcement in a situation that sufficiently warrants the need for law enforcement assistance, including to regain safety in the hospital;
   4. (4) 25 TAC Chapter 414, Subchapter I (relating to Consent to Treatment with Psychoactive Medication-Mental Health Services); and
   5. (5) 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services).
8. (h) Compliance with Treatment Facilities Marketing Practices Act. Unless it is exempt, a hospital shall comply with Texas Health and Safety Code Chapter 164 (relating to Treatment Facilities Marketing and Admission Practices).

Source Note:The provisions of this §568.4 adopted to be effective May 27, 2021, 46 TexReg 3276.