CHAPTER 248. SPECIAL CARE FACILITIES

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-248-special-care-facilities

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 248. SPECIAL CARE FACILITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 248.001. SHORT TITLE. This chapter may be cited as the

Texas Special Care Facility Licensing Act.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Health.

(2) "Department" means the Texas Department of Health.

(3) "Medical care" means care that is:

(A) required for improving life span and quality of life, for

comfort, for prevention and treatment of illness, and for

maintenance of bodily and mental function;

(B) under the continued supervision of a physician; and

available to carry out a physician's plan of care for a resident.

(4) "Nursing care" means services provided by nursing personnel

as prescribed by a physician, including services to:

(A) promote and maintain health;

(B) prevent illness and disability;

illness;

(D) provide guidance and counseling of individuals and families;

and

(E) provide referrals to physicians, other health care

providers, and community resources when appropriate.

(5) "Person" means an individual, organization, establishment,

or association of any kind.

(6) "Resident" means an individual accepted for care in a

special care facility.

(7) "Services" means the provision of medical or nursing care,

assistance, or treatment by special care facility personnel,

volunteers, or other qualified individuals, agencies, or staff of

an organization or other entity to meet a resident's medical,

nursing, social, spiritual, and emotional needs.

(8) "Special care facility" means an institution or

establishment that provides a continuum of nursing or medical

care or services primarily to persons with acquired immune

deficiency syndrome or other terminal illnesses. The term

includes a special residential care facility.

(9) "Bereavement services" has the meaning assigned by Section

142.001.

(10) "Palliative care" has the meaning assigned by Section

142.001.

(11) "Support services" has the meaning assigned by Section

142.001.

(12) "Residential AIDS hospice" means a facility licensed and

designated as a residential AIDS hospice under this chapter.

(13) "Residential AIDS hospice care" means hospice services

provided in a residential AIDS hospice.

(14) "AIDS" means acquired immune deficiency syndrome.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 30, eff.

Sept. 1, 1993.

Sec. 248.003. EXEMPTIONS. This chapter does not apply to:

(1) a home and community support services agency required to be

licensed under Chapter 142;

(2) a person required to be licensed under Chapter 241 (Texas

Hospital Licensing Law);

(3) an institution required to be licensed under Chapter 242;

(4) an ambulatory surgical center required to be licensed under

Chapter 243 (Texas Ambulatory Surgical Center Licensing Act);

(5) a birthing center required to be licensed under Chapter 244

(Texas Birthing Center Licensing Act);

(6) a facility required to be licensed under Chapter 245 (Texas

Abortion Facility Reporting and Licensing Act);

(7) a child care institution, foster group home, foster family

home, and child-placing agency, for children in foster care or

other residential care who are under the conservatorship of the

Department of Protective and Regulatory Services; or

(8) a person providing medical or nursing care or services under

a license or permit issued under other state law.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 504, Sec. 1, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 800, Sec. 29, eff. Sept.

1, 1993.

SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS

Sec. 248.021. LICENSE REQUIRED. A person may not establish or

operate a special care facility unless the person holds a license

issued under this chapter.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.022. APPLICATION. (a) An applicant for a license must

submit an application to the department on a form prescribed by

the department and in accordance with board rules.

(b) Each application must be accompanied by a nonrefundable

license fee in an amount set by the board.

by the local health authority or other local official for

compliance with municipal ordinances on building construction,

fire prevention, and sanitation.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.023. ISSUANCE AND RENEWAL OF LICENSE. (a) The

department shall issue a license to an applicant if on inspection

and investigation it finds that the applicant meets the

requirements of this chapter and the rules adopted by the board.

(b) A license shall be renewed at the times and in accordance

with the rules established by the board.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.024. FEES. (a) The board shall establish a license

application fee in the amount of $25 for each facility bed or

$200, whichever is greater, but the fees may not exceed $1,000.

(b) The board may establish other reasonable and necessary fees

in amounts that are adequate, with the license application and

license renewal fees, to collect sufficient revenue to meet the

expenses necessary to administer this chapter. The fees may

include construction plan review and inspection fees.

(d) All fees received by the department shall be deposited to

the credit of the General Revenue Fund and may be appropriated

only to the department to administer this chapter.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.025. NONTRANSFERABILITY; POSTING. (a) A license

issued under this chapter is not transferable or assignable.

(b) A special care facility shall post in plain sight the

license issued under this chapter.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.026. DUTIES OF BOARD. (a) The board shall adopt rules

necessary to implement this chapter. The rules must establish

minimum standards for special care facilities relating to:

(1) the issuance, renewal, denial, suspension, and revocation of

the license required by this chapter;

(2) the qualifications, duties, and supervision of professional

and nonprofessional personnel and volunteers;

(3) residents' rights;

(4) medical and nursing care and services provided by a license

holder;

(5) the organizational structure, lines of authority, delegation

of responsibility, and operation of a special care facility;

(6) records of care and services kept by the license holder,

including the disposal or destruction of those records;

(7) safety, fire prevention, and sanitary provisions;

(8) transfer of residents in a medically appropriate manner from

or to a special care facility;

(9) construction plan approval and inspection; and

(10) any aspects of a special care facility as necessary to

protect the public or residents of the facility.

(b) Subsection (a) does not authorize the board to establish the

qualifications of licensed health care providers or permit the

board to authorize persons to provide health care services who

are not authorized to provide those services under other state

law.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.027. CONSTRUCTION STANDARDS. (a) If there are no

local regulations in effect or enforced in the area in which a

special care facility is located, the facility's construction

must conform to the minimum standards established by the board.

(b) Construction of a facility is subject to construction plan

approval by the department.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.028. INSPECTIONS; INVESTIGATIONS. (a) The department

may inspect a special care facility and its records at reasonable

times as necessary to ensure compliance with this chapter.

(b) The department shall investigate each complaint received

regarding a special care facility.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.029. RESIDENTIAL AIDS HOSPICE DESIGNATION. (a) The

board by rule shall adopt standards for the designation of a

special care facility licensed under this chapter as a

residential AIDS hospice. Those standards shall be consistent

with other standards adopted under this chapter and consistent

with the purposes for which special care facilities are created.

(b) In adopting the standards, the board shall consider rules

adopted for the designation of a hospice under Chapter 142 and

shall establish specific standards requiring:

(1) the provision of exclusively palliative care by a facility;

(2) the provision of bereavement services;

(3) the provision of support services to the family of a client;

(4) the participation of a registered nurse in the development

of an initial plan of care for a client and periodic review of

the plan of care by an interdisciplinary team of the facility;

and

(5) clinical and medical review of patient care services by a

physician who acts as a medical consultant.

satisfies the standards adopted under this section shall be

designated as a residential AIDS hospice.

(d) Notwithstanding Chapter 142, a special care facility

licensed and issued a designation as a residential AIDS hospice

under this chapter may use the term "residential AIDS hospice" or

a similar term or language in its title or in a description or

representation of the facility if the similar term or language

clearly identifies the facility as a facility regulated under

this chapter and clearly distinguishes the facility from a

hospice regulated under Chapter 142.

(e) A special care facility licensed under this chapter on July

1, 1994, on notice to the department that it is in compliance

with the standards adopted for designation as a residential AIDS

hospice, shall be issued that designation by the department, and

that designation is valid until the date the license of the

facility expires or is renewed.

Added by Acts 1993, 73rd Leg., ch. 800, Sec. 31, eff. Sept. 1,

1993.

SUBCHAPTER C. GENERAL ENFORCEMENT

Sec. 248.051. LICENSE DENIAL, SUSPENSION, PROBATION, OR

REVOCATION. (a) The department may deny, revoke, or suspend a

license issued under this chapter for a violation of this chapter

or the rules adopted under this chapter.

(b) Except as provided by Section 248.052, the procedures by

which the department denies, revokes, or suspends a license and

by which those actions are appealed are governed by the

department's rules for a contested case hearing and by Chapter

2001, Government Code.

repeated noncompliance with this chapter or rules adopted under

this chapter but that the noncompliance does not endanger public

health and safety, the department may schedule the facility for

probation rather than suspending or revoking the facility's

license. The department shall provide notice to the facility of

the probation and of the items of noncompliance not later than

the 10th day before the date the probation period begins. The

department shall designate a period of not less than 30 days

during which the facility will remain under probation. During the

probation period, the facility must correct the items that were

in noncompliance and report the corrections to the department for

approval.

(d) The department may suspend or revoke the license of a

special care facility that does not correct items that were in

noncompliance or that does not comply with this chapter or the

rules adopted under this chapter within the applicable probation

period.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 802, Sec. 9, 10,

eff. June 20, 2003.

Sec. 248.052. EMERGENCY SUSPENSION. The department may issue an

emergency order to suspend any license issued under this chapter

if the department has reasonable cause to believe that the

conduct of a license holder creates an immediate danger to the

public health and safety. An emergency suspension is effective

immediately without a hearing on notice to the license holder. On

written request of the license holder, the department shall

conduct a hearing not earlier than the 10th day or later than the

30th day after the date the hearing request is received to

determine if the emergency suspension is to be continued,

modified, or rescinded. The hearing and any appeal are governed

by the department's rules for a contested case hearing and

Chapter 2001, Government Code.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.

Sec. 248.053. INJUNCTION. (a) The department may request that

the attorney general petition a district court to restrain a

license holder or other person from continuing to violate this

chapter or any rule adopted by the board under this chapter.

Venue for a suit for injunctive relief is in Travis County.

(b) On application for injunctive relief and a finding that a

license holder or other person has violated this chapter or board

rules, the district court shall grant the injunctive relief that

the facts warrant.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.054. CIVIL PENALTY. A license holder or person who

violates this chapter or a rule adopted by the board under this

chapter is liable for a civil penalty, to be imposed by a

district court, of not more than $1,000 for each day of

violation. All penalties collected under this section shall be

deposited to the credit of the General Revenue Fund.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

Sec. 248.0545. VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.

(a) The department shall assess an administrative penalty

against a special care facility that violates Section 166.004.

(b) A penalty assessed under this section shall be $500.

rules. The rules must provide for notice and an opportunity for a

hearing.

Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.06, eff. Sept. 1,

1999.

Sec. 248.055. CRIMINAL PENALTY. (a) A person who knowingly

establishes or operates a special care facility without a license

issued under this chapter commits an offense.

(b) An offense under this section is a Class B misdemeanor.

offense.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1,

1991.

SUBCHAPTER D. ADMINISTRATIVE PENALTY

Sec. 248.101. IMPOSITION OF PENALTY. (a) The department of

health may impose an administrative penalty on a person licensed

under this chapter who violates this chapter or a rule or order

adopted under this chapter.

(b) A penalty collected under this subchapter shall be deposited

in the state treasury in the general revenue fund.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.102. AMOUNT OF PENALTY. (a) The amount of the penalty

may not exceed $1,000 for each violation, and each day a

violation continues or occurs is a separate violation for

purposes of imposing a penalty. The total amount of the penalty

assessed for a violation continuing or occurring on separate days

under this subsection may not exceed $5,000.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the threat to health or safety caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) whether the violator demonstrated good faith, including when

applicable whether the violator made good faith efforts to

correct the violation; and

(6) any other matter that justice may require.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.103. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the department initially determines that a violation occurred,

the department shall give written notice of the report by

certified mail to the person.

(b) The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended penalty; and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 20 days after the date the person receives the notice sent

under Section 248.103, the person in writing may:

(1) accept the determination and recommended penalty of the

department; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty or if the person fails to respond to the notice, the

commissioner of public health by order shall approve the

determination and impose the recommended penalty.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.105. HEARING. (a) If the person requests a hearing,

the commissioner of public health shall refer the matter to the

State Office of Administrative Hearings, which shall promptly set

a hearing date and give written notice of the time and place of

the hearing to the person. An administrative law judge of the

State Office of Administrative Hearings shall conduct the

hearing.

(b) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the commissioner of

public health a proposal for a decision about the occurrence of

the violation and the amount of a proposed penalty.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.106. DECISION BY COMMISSIONER. (a) Based on the

findings of fact, conclusions of law, and proposal for a

decision, the commissioner of public health by order may:

(1) find that a violation occurred and impose a penalty; or

(2) find that a violation did not occur.

(b) The notice of the commissioner's order under Subsection (a)

that is sent to the person in accordance with Chapter 2001,

Government Code, must include a statement of the right of the

person to judicial review of the order.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. Within

30 days after the date the order of the commissioner of public

health under Section 248.106 that imposes an administrative

penalty becomes final, the person shall:

(1) pay the penalty; or

(2) file a petition for judicial review of the commissioner's

order contesting the occurrence of the violation, the amount of

the penalty, or both.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within the

30-day period prescribed by Section 248.107, a person who files a

petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the

commissioner's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) sending a copy of the affidavit to the commissioner of

public health by certified mail.

(b) If the commissioner of public health receives a copy of an

affidavit under Subsection (a)(2), the commissioner may file with

the court, within five days after the date the copy is received,

a contest to the affidavit. The court shall hold a hearing on the

facts alleged in the affidavit as soon as practicable and shall

stay the enforcement of the penalty on finding that the alleged

facts are true. The person who files an affidavit has the burden

of proving that the person is financially unable to pay the

penalty or to give a supersedeas bond.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.109. COLLECTION OF PENALTY. (a) If the person does

not pay the penalty and the enforcement of the penalty is not

stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.110. DECISION BY COURT. (a) If the court sustains the

finding that a violation occurred, the court may uphold or reduce

the amount of the penalty and order the person to pay the full or

reduced amount of the penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.111. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the penalty and if the amount of the penalty is

reduced or the penalty is not upheld by the court, the court

shall order, when the court's judgment becomes final, that the

appropriate amount plus accrued interest be remitted to the

person within 30 days after the date that the judgment of the

court becomes final.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

date the penalty is paid and ending on the date the penalty is

remitted.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.112. RELEASE OF BOND. (a) If the person gave a

supersedeas bond and the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, the

release of the bond.

(b) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

Sec. 248.113. ADMINISTRATIVE PROCEDURE. A proceeding to impose

the penalty is considered to be a contested case under Chapter

2001, Government Code.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!