reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 248A.263 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.263. Administrative Procedure

Sec. 248A.263.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 251.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter A. General Provisions|Section 251.001. Definitions

Sec. 251.001.  DEFINITIONS.  In this chapter:(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(66), eff. April 2, 2015.(2)  "Commissioner" means the commissioner of state health services.(3)  "Department" means the Department of State Health Services.(4)  "Dialysis" means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane.(5)  "Dialysis technician" means an individual who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.(6)  "End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.(7)  "End stage renal disease facility" means a facility that provides dialysis treatment or dialysis training to individuals with end stage renal disease.(7-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(8)  "Medical review board" means a medical review board that:(A)  is appointed by a renal disease network organization which includes this state; and(B)  has a contract with the Centers for Medicare and Medicaid Services under Section 1881, Title XVIII, Social Security Act (42 U.S.C. Section 1395rr).(9)  "Physician" means an individual who is licensed to practice medicine under Subtitle B, Title 3, Occupations Code.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.790, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0758, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(66), eff. April 2, 2015.|
TX Health & Safety Code § 251.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter A. General Provisions|Section 251.002. Fees

Sec. 251.002.  FEES.  (a)  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and as prescribed by Section 12.0111.(b)  In setting fees under this section, the executive commissioner shall consider setting a range of license and renewal fees based on the number of dialysis stations at each end stage renal disease facility and the patient census.(c)  An end stage renal disease facility owned or operated by a state agency is not required to pay fees imposed under this chapter.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0759, eff. April 2, 2015.|
TX Health & Safety Code § 251.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter A. General Provisions|Section 251.003. Adoption of Rules

Sec. 251.003.  ADOPTION OF RULES.  The executive commissioner shall adopt rules to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0760, eff. April 2, 2015.|
TX Health & Safety Code § 251.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter B. Licensing of End Stage Renal Disease Facilities|Section 251.011. License Required

Sec. 251.011.  LICENSE REQUIRED.  Except as provided by Section 251.012, a person may not operate an end stage renal disease facility without a license issued under this chapter.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|
TX Health & Safety Code § 251.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter B. Licensing of End Stage Renal Disease Facilities|Section 251.012. Exemptions From Licensing Requirement

Sec. 251.012.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The following facilities are not required to be licensed under this chapter:(1)  a home and community support services agency licensed under Chapter 142 with a home dialysis designation;(2)  a hospital licensed under Chapter 241 that provides dialysis only to individuals receiving:(A)  inpatient services from the hospital; or(B)  outpatient services due to a disaster declared by the governor or a federal disaster declared by the president of the United States occurring in this state or another state during the term of the disaster declaration;(3)  a hospital operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving:(A)  inpatient services from the hospital; or(B)  outpatient services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice;(4)  an end stage renal disease facility operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving those services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice; or(5)  the office of a physician unless the office is used primarily as an end stage renal disease facility.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 3.02, eff. September 1, 2009.Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 12.002, eff. September 1, 2011.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.05, eff. September 28, 2011.|
TX Health & Safety Code § 251.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter B. Licensing of End Stage Renal Disease Facilities|Section 251.013. Issuance and Renewal of License

Sec. 251.013.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.(b)  Each application must be accompanied by a nonrefundable license fee.(c)  Each application must contain evidence that there is at least one qualified physician on the staff of the facility and that each dialysis technician on staff has completed the training program required by this chapter.(d)  The department may grant a temporary initial license to an applicant.  The temporary initial license expires on the earlier of:(1)  the date the department issues or denies the license;  or(2)  the date six months after the date the temporary initial license was issued.(e)  The department shall issue a license if, after inspection and investigation, it finds the applicant meets the requirements of this chapter and the standards adopted under this chapter.(f)  The license is renewable every two years after submission of:(1)  the renewal application and fee; and(2)  a report on a form prescribed by the department.(g)  The report required under Subsection (f) must include information related to the quality of care at the end stage renal disease facility.  The report must be in the form and documented by evidence as required by department rule.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0761, eff. April 2, 2015.|
TX Health & Safety Code § 251.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter B. Licensing of End Stage Renal Disease Facilities|Section 251.014. Minimum Standards

Sec. 251.014.  MINIMUM STANDARDS.  (a)  The rules adopted under Section 251.003 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility, including standards for:(1)  the qualifications and supervision of the professional staff, including physicians, and other personnel;(2)  the equipment used by the facility is compatible with the health and safety of the patients;(3)  the sanitary and hygienic conditions in the facility;(4)  quality assurance for patient care;(5)  the provision and coordination of treatment and services by the facility;(6)  clinical records maintained by the facility;(7)  design and space requirements for the facility for safe access by patients and personnel and for ensuring patient privacy;(8)  indicators of the quality of care provided by the facility;  and(9)  water treatment and reuse by the facility.(b)  The standards described in Subsection (a)(7) of this section shall apply only:(1)  to a facility which initiates the provision of end stage renal disease services on or after September 1, 1996;  or(2)  to the area of a facility affected by design and space modifications or renovations completed after September 1, 1996.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 251.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter B. Licensing of End Stage Renal Disease Facilities|Section 251.015. Medical Review Board

Sec. 251.015.  MEDICAL REVIEW BOARD.  (a)  A medical review board shall advise the executive commissioner and the department on minimum standards and rules to be adopted by the executive commissioner under this chapter.(b)  The medical review board shall review the information on quality of care provided in the annual report filed under Section 251.013(f) and other appropriate information provided to or compiled by the department with respect to an end stage renal disease facility.  Based on the review, the medical review board may advise the department about the quality of care provided by a facility and recommend an appropriate corrective action plan under Section 251.061 or other enforcement proceedings against the facility.(c)  Information concerning quality of care provided to or compiled by the department or medical review board and a recommendation of the medical review board are confidential.  The information or recommendation may not be made available for public inspection, is not subject to disclosure under Chapter 552, Government Code, and is not subject to discovery, subpoena, or other compulsory legal process.(d)  The department, in its discretion, may release to a facility information relating to that facility that is made confidential under Subsection (c).  Release of information to a facility under this subsection does not waive the confidentiality of that information or the privilege from compulsory legal process.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0762, eff. April 2, 2015.|
TX Health & Safety Code § 251.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter C. Dialysis Technicians|Section 251.031. Training Required

Sec. 251.031.  TRAINING REQUIRED.  An individual may not act as a dialysis technician employed by or working in an end stage renal disease facility unless that individual is trained and competent under this subchapter.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|
TX Health & Safety Code § 251.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter C. Dialysis Technicians|Section 251.032. Minimum Requirements; Training

Sec. 251.032.  MINIMUM REQUIREMENTS; TRAINING.  The department rules adopted under Section 251.003 shall establish:(1)  minimum standards for the curricula and instructors used to train individuals to act as dialysis technicians;(2)  minimum standards for the determination of the competency of individuals who have been trained as dialysis technicians;(3)  minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and(4)  the acts and practices that are allowed or prohibited for dialysis technicians.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0763, eff. April 2, 2015.|
TX Health & Safety Code § 251.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter C. Dialysis Technicians|Section 251.033. Provision of Home Dialysis Care in Nursing Facilities

Sec. 251.033.  PROVISION OF HOME DIALYSIS CARE IN NURSING FACILITIES.  (a)  A dialysis technician may provide home dialysis care in a nursing facility, including hemodialysis, only if:(1)  the care is provided under the personal supervision of a registered nurse who is:(A)  in compliance with all commission rules under 26 T.A.C. Section 558.405 regarding training and competency for registered nurses to provide care at end stage renal disease facilities; and(B)  employed by the same entity that employs the dialysis technician; and(2)  the dialysis technician has complied with all commission rules regarding training and competency for dialysis technicians.(b)  For purposes of this section, "personal supervision" means supervision of a dialysis technician by a registered nurse who is physically present in the room during the administration of dialysis services by the dialysis technician.|Added by Acts 2021, 87th Leg., R.S., Ch. 955 (S.B. 1692), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 251.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter D. Inspections|Section 251.051. Inspections

Sec. 251.051.  INSPECTIONS.  (a)  The department may conduct an inspection of an end stage renal disease facility to verify compliance with this chapter, rules adopted under this chapter, or a corrective action plan under Section 251.061.(b)  An inspection conducted under this section may be unannounced.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 251.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter D. Inspections|Section 251.052. Disclosure of Unannounced Inspection; Criminal Penalty

Sec. 251.052.  DISCLOSURE OF UNANNOUNCED INSPECTION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date or time of or any other fact about an unannounced inspection of an end stage renal disease facility before the inspection occurs.(b)  In this section, "unauthorized person" does not include:(1)  the department;(2)  the Health and Human Services Commission, including the office of the inspector general;(3)  the office of the attorney general; or(4)  any other person authorized by law to make an inspection or to accompany an inspector.(c)  An offense under this section is a Class B misdemeanor.(d)  A person convicted under this section is not eligible for state employment.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0764, eff. April 2, 2015.|
TX Health & Safety Code § 251.062 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.062. Denial, Suspension, Probation, or Revocation of License

Sec. 251.062.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter.(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.(c)  If the department finds that an end stage renal disease facility is in 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 an end stage renal disease 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 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.  Amended by Acts 2003, 78th Leg., ch. 802, Sec. 11, 12, eff. June 20, 2003.|
TX Health & Safety Code § 251.0621 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.0621. Emergency Suspension

Sec. 251.0621.  EMERGENCY SUSPENSION.  The department may issue an emergency order to suspend a 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 refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office 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 2003, 78th Leg., ch. 802, Sec. 13, eff. June 20, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0765, eff. April 2, 2015.|
TX Health & Safety Code § 251.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.063. Injunction

Sec. 251.063.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule adopted under this chapter if the department finds that the violation creates an immediate threat to the health and safety of patients of an end stage renal disease facility.(b)  A district court, on petition of the department and on a finding that a person is violating this chapter or a rule adopted under this chapter, may by injunction:(1)  prohibit a person from continuing the violation;(2)  restrain or prevent the operation of an end stage renal disease facility without a license issued under this chapter;  or(3)  grant other injunctive relief warranted by the facts.(c)  The attorney general may institute and conduct a suit authorized by this section at the request of the department.(d)  Venue for a suit brought under this section is in the county in which the end stage renal disease facility is located or in Travis County.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|
TX Health & Safety Code § 251.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.064. Criminal Penalty

Sec. 251.064.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 251.011 or 251.031.(b)  An offense under this section is a Class C misdemeanor.(c)  Each day of a continuing violation constitutes a separate offense.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|
TX Health & Safety Code § 251.065 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.065. Civil Penalty

Sec. 251.065.  CIVIL PENALTY.  (a)  A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a civil penalty of not more than $1,000 for each violation if the department finds that the violation threatens the health and safety of a patient of an end stage renal disease facility.(b)  Each day of a continuing violation constitutes a separate ground for recovery.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|
TX Health & Safety Code § 251.066 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.066. Administrative Penalty

Sec. 251.066.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.(b)  The penalty may not exceed $1,000 for each violation.  Each day of a continuing violation constitutes a separate violation.(c)  In determining the amount of an administrative penalty assessed under this section, the department shall consider:(1)  the seriousness of the violation;(2)  the history of previous violations;(3)  the amount necessary to deter future violations;(4)  efforts made to correct the violation;  and(5)  any other matters that justice may require.(d)  All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|