HospitalInspections.org

Based on a review of clinical records and an interview with staff, the facility failed to document that an explanation of the risks and benefits of a transfer to another hospital was given to each patient as well as failure to obtain consent from each patient to be transferred to another hospital for stabilization of an emergency medical condition.

Findings were:

In a review of 9 clinical records (patients #12 through #20) of patients that had been transferred for stabilization of an emergency medical condition, there was no documentation to indicate that 8 of the 9 patients (patients #12, #13, #14, #15, #17, #18, #19 and #20) requested the transfer, consented to the transfer or had been explained the risks and benefits of the transfer. None of the 8 records contained documentation that the patient was unresponsive or unable to acknowledge the information provided.

Facility policy titled "EMTALA [Emergency Medical Treatment and Active Labor Act] COMPLIANCE" states, in part:
"1.0 Policy
It is the policy of El Paso Psychiatric Center (EPPC) to comply with federal EMTALA laws.
...
5.0 Procedures
...
5.10 If the patient's EMC [emergency medical condition] cannot be stabilized with the capability and capacity of EPPC, the patient may be transferred in compliance with EPPC's Memorandum of Transfer P&P [policy and procedure].

Facility policy titled "MEMORANDUM OF TRANSFER" states, in part:
"5.0 Procedures
...
5.9 If the patient has not been stabilized, the following six conditions must be met before transferring the patient:
...
B. The patient must understand the reasons for and risks of the transfer (patient consent). If the patient is unresponsive or unable to acknowledge the information provided, the clinician will document the reason."

In an interview with staff #1 on 5-4-16, staff #1 confirmed that none of the 8 listed patients had requested the transfer, consented to the transfer or been explained the risks and benefits of the transfer.