reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 253.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.004. Hearing; Order

Sec. 253.004.  HEARING;  ORDER.  (a)  If the employee requests a hearing, an administrative law judge of the State Office of Administrative Hearings shall conduct a hearing and the department shall  give written notice of the hearing to the employee.(a-1)  The administrative law judge must complete the hearing and the hearing record not later than the 120th day after the date the department receives a request for a hearing.(b)  The hearings examiner shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the reportable conduct.(c)  Based on the findings of fact and conclusions of law and the recommendations of the hearings examiner, the department by order may find that the reportable conduct has occurred.  If the department finds that the reportable conduct has occurred, the department shall issue an order on that determination.|Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 9, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 6, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0806, eff. April 2, 2015.|
TX Health & Safety Code § 253.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.005. Notice; Judicial Review

Sec. 253.005.  NOTICE;  JUDICIAL REVIEW.  (a)  The department shall give notice of the order under Section 253.004 to the employee alleged to have committed the reportable conduct. The notice must include:(1)  separate statements of the findings of fact and conclusions of law;(2)  a statement of the right of the employee to judicial review of the order;  and(3)  a statement that the reportable conduct will be recorded in the registry under Section 253.007 if:(A)  the employee does not request judicial review of the determination;  or(B)  the determination is sustained by the court.(b)  Not later than the 30th day after the date on which the decision becomes final as provided by Chapter 2001, Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the determination, the department shall record the reportable conduct in the registry under Section 253.007.(c)  Judicial review of the order:(1)  is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code;  and(2)  is under the substantial evidence rule.(d)  If the court sustains the finding of the occurrence of the reportable conduct, the department shall record the reportable conduct in the registry under Section 253.007.|Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 10, eff. Sept. 1, 2001.|
TX Health & Safety Code § 253.0055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.0055. Removal of Nurse Aide Finding

Sec. 253.0055.  REMOVAL OF NURSE AIDE FINDING.  If a finding of reportable conduct is the basis for an entry in the nurse aide registry maintained under Chapter 250 and the entry is subsequently removed from the nurse aide registry, the department shall immediately remove the record of reportable conduct from the employee misconduct registry maintained under Section 253.007.|Added by Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 9, eff. June 19, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0807, eff. April 2, 2015.|
TX Health & Safety Code § 253.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.006. Informal Proceedings

Sec. 253.006.  INFORMAL PROCEEDINGS.  The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code.|Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 10, eff. June 19, 2009.|
TX Health & Safety Code § 253.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.007. Employee Misconduct Registry

Sec. 253.007.  EMPLOYEE MISCONDUCT REGISTRY.  (a)  The department shall establish an employee misconduct registry.  If the department in accordance with this chapter finds that an employee of a facility or of an individual employer has committed reportable conduct, the department shall make a record of the employee's name, the employee's address, the employee's social security number, the name of the facility or individual employer, the address of the facility or individual employer, the date the reportable conduct occurred, and a description of the reportable conduct.(b)  If an agency of another state or the federal government finds that an employee has committed an act that constitutes reportable conduct, the department may make a record in the employee misconduct registry of the employee's name, the employee's address, the employee's social security number, the name of the facility, the address of the facility, the date of the act, and a description of the act.(c)  The department shall make the registry available to the public.|Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 11, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 11, eff. June 19, 2009.Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 7, eff. January 1, 2014.|
TX Health & Safety Code § 253.0075 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.0075. Recording Reportable Conduct Reported by Department of Family and Protective Services

Sec. 253.0075.  RECORDING REPORTABLE CONDUCT REPORTED BY DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.  On receipt of a finding of an employee's reportable conduct by the Department of Family and Protective Services under Subchapter I, Chapter 48, Human Resources Code, the department shall record the information in the employee misconduct registry in accordance with Section 253.007.|Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 12, eff. June 19, 2009.|
TX Health & Safety Code § 253.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.008. Verification of Employability; Annual Search

Sec. 253.008.  VERIFICATION OF EMPLOYABILITY; ANNUAL SEARCH.  (a)  Before a facility or individual employer as defined in this chapter or an agency as defined in Section 48.401, Human Resources Code, may hire an employee, the individual employer or a financial management services agency on behalf of the individual employer, the facility, or agency shall search the employee misconduct registry under this chapter and the nurse aide registry maintained under Chapter 250 as required by the Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100-203) to determine whether the applicant for employment is designated in either registry as having abused, neglected, or exploited an individual using the consumer-directed service option or a consumer.(b)  A facility, individual employer or financial management services agency on behalf of an individual employer, or agency may not employ a person who is listed in either registry as having abused, neglected, or exploited an individual using the consumer-directed service option or a consumer.(c)  In addition to the initial verification of employability, a facility, agency, individual employer, or financial management services agency on behalf of an individual employer shall:(1)  annually search the employee misconduct registry and the nurse aide registry maintained under Chapter 250 to determine whether any employee of the individual employer, facility, or applicable agency is designated in either registry as having abused, neglected, or exploited an individual using the consumer-directed service option or a consumer; and(2)  maintain in the facility's or individual employer's books and records a copy of the results of the search conducted under Subdivision (1).|Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 12, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 2.68, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 22, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 13, eff. June 19, 2009.Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 8, eff. January 1, 2014.|
TX Health & Safety Code § 253.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.009. Notification

Sec. 253.009.  NOTIFICATION.  (a)  Each facility or individual employer as defined in this chapter and each agency as defined in Section 48.401, Human Resources Code, shall notify its employees in a manner prescribed by the department:(1)  about the employee misconduct registry; and(2)  that an employee may not be employed if the employee is listed in the registry.(b)  The executive commissioner shall adopt rules to implement this section.|Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 13, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 2.69, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 23, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 14, eff. June 19, 2009.Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 9, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0808, eff. April 2, 2015.|
TX Health & Safety Code § 253.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 253 - Employee Misconduct Registry|Section 253.010. Removal From Registry

Sec. 253.010.  REMOVAL FROM REGISTRY.  The department may remove a person from the employee misconduct registry if, after receiving a written request from the person, the department determines that the person does not meet the requirements for inclusion in the employee misconduct registry.|Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1, 2001.|
TX Health & Safety Code § 255.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams|Section 255.001. Definitions

Sec. 255.001.  DEFINITIONS.  In this chapter:(1)  "Department" means the Department of Aging and Disability Services.(2)  "Long-term care facility" means a nursing institution, an assisted living facility, or an ICF-IID licensed under Chapter 242, 247, or 252, or certified under Chapter 32, Human Resources Code.(3)  "Quality-of-care monitor" means a registered nurse, pharmacist, or nutritionist who:(A)  is employed by the department;(B)  is trained and experienced in long-term care facility regulation, standards of practice in long-term care, and evaluation of patient care;  and(C)  functions independently of other divisions of the department.|Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.Amended by: Acts 2005, 79th Leg., Ch. 837 (S.B. 874), Sec. 1, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0817, eff. April 2, 2015.|
TX Health & Safety Code § 255.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams|Section 255.002. Early Warning System

Sec. 255.002.  EARLY WARNING SYSTEM.  The department shall establish an early warning system to detect conditions that could be detrimental to the health, safety, and welfare of residents.  The early warning system shall include analysis of financial and quality-of-care indicators that would predict the need for the department to take action.|Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.|
TX Health & Safety Code § 255.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams|Section 255.004. Rapid Response Teams

Sec. 255.004.  RAPID RESPONSE TEAMS.  (a)  In this section:(1)  "Abuse" has the meaning assigned by Section 260A.001.(2)  "Immediate threat to health and safety" means a situation in which immediate corrective action is necessary because the facility's noncompliance with one or more requirements has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.(3)  "Neglect" has the meaning assigned by Section 260A.001.(a-1)  The department shall create rapid response teams composed of health care experts that can visit a long-term care facility that:(1)  is identified as high risk through the department's early warning system; or(2)  if the long-term care facility is a nursing institution, has committed three violations described by Section 242.061(a-1), within a 24-month period, that constitute an immediate threat to health and safety related to the abuse or neglect of a resident.(a-2)  A long-term care facility shall cooperate with a rapid response team deployed under this section to improve the quality of care provided at the facility.(b)  Rapid response teams may visit long-term care facilities that request the department's assistance.  A visit under this subsection may not occur before the 60th day after the date of an exit interview following an annual or follow-up survey or inspection.(c)  The rapid response teams may not be deployed for the purpose of helping a long-term care facility prepare for a regular inspection or survey conducted under Chapter 242, 247, or 252 or in accordance with Chapter 32, Human Resources Code.|Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 304), Sec. 4, eff. June 19, 2015.|
TX Health & Safety Code § 255.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams|Section 255.005. Report

Sec. 255.005.  REPORT.  The department shall assess and evaluate the effectiveness of the quality assurance early warning system and shall report its findings annually to the governor, the lieutenant governor, and the speaker of the house of representatives.|Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.|
TX Health & Safety Code § 256.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 256 - Safe Patient Handling and Movement Practices|Section 256.001. Definitions

Sec. 256.001.  DEFINITIONS.  In this chapter:(1)  "Hospital" means a general or special hospital, as defined by Section 241.003, a private mental hospital licensed under Chapter 577, or another hospital that is maintained or operated by the state.(2)  "Nursing home" means an institution licensed under Chapter 242.|Added by Acts 2005, 79th Leg., Ch. 401 (S.B. 1525), Sec. 1, eff. January 1, 2006.|
TX Health & Safety Code § 256.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 256 - Safe Patient Handling and Movement Practices|Section 256.002. Required Safe Patient Handling and Movement Policy

Sec. 256.002.  REQUIRED SAFE PATIENT HANDLING AND MOVEMENT POLICY.  (a)  The governing body of a hospital or the quality assurance committee of a nursing home shall adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient.(b)  The policy shall establish a process that, at a minimum, includes:(1)  analysis of the risk of injury to both patients and nurses posed by the patient handling needs of the patient populations served by the hospital or nursing home and the physical environment in which patient handling and movement occurs;(2)  education of nurses in the identification, assessment, and control of risks of injury to patients and nurses during patient handling;(3)  evaluation of alternative ways to reduce risks associated with patient handling, including evaluation of equipment and the environment;(4)  restriction, to the extent feasible with existing equipment and aids, of manual patient handling or movement of all or most of a patient's weight to emergency, life-threatening, or otherwise exceptional circumstances;(5)  collaboration with and annual report to the nurse staffing committee;(6)  procedures for nurses to refuse to perform or be involved in patient handling or movement that the nurse believes in good faith will expose a patient or a nurse to an unacceptable risk of injury;(7)  submission of an annual report to the governing body or the quality assurance committee on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient; and(8)  in developing architectural plans for constructing or remodeling a hospital or nursing home or a unit of a hospital or nursing home in which patient handling and movement occurs, consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.|Added by Acts 2005, 79th Leg., Ch. 401 (S.B. 1525), Sec. 1, eff. January 1, 2006.|
TX Health & Safety Code § 257.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 257 - Nurse Staffing|Section 257.001. Definitions

Sec. 257.001.  DEFINITIONS.  In this chapter:(1)  "Committee" means a nurse staffing committee required by this chapter.(2)  "Department" means the Department of State Health Services.(3)  "Hospital" means:(A)  a general hospital or special hospital, as those terms are defined by Section 241.003, including a hospital maintained or operated by this state; or(B)  a mental hospital licensed under Chapter 577.(4)  "Patient care unit" means a unit or area of a hospital in which registered nurses provide patient care.|Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.|
TX Health & Safety Code § 257.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 257 - Nurse Staffing|Section 257.002. Legislative Findings

Sec. 257.002.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that:(1)  research supports a conclusion that adequate nurse staffing is directly related to positive patient outcomes and nurse satisfaction with the practice environment;(2)  nurse satisfaction with the practice environment is in large measure determined by providing an adequate level of nurse staffing based on research findings and patient intensity;(3)  nurse satisfaction and patient safety can be adversely affected when nurses work excessive hours; and(4)  hospitals and nurses share a mutual interest in patient safety initiatives that create a healthy environment for nurses and appropriate care for patients.(b)  In order to protect patients, support greater retention of registered nurses, and promote adequate nurse staffing, the legislature intends to establish a mechanism whereby nurses and hospital management shall participate in a joint process regarding decisions about nurse staffing.|Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.|
TX Health & Safety Code § 257.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 257 - Nurse Staffing|Section 257.003. Nurse Staffing Policy and Plan

Sec. 257.003.  NURSE STAFFING POLICY AND PLAN.  (a)  The governing body of a hospital shall adopt, implement, and enforce a written nurse staffing policy to ensure that an adequate number and skill mix of nurses are available to meet the level of patient care needed.  The policy must include a process for:(1)  requiring the hospital to give significant consideration to the nurse staffing plan recommended by the hospital's nurse staffing committee and to that committee's evaluation of any existing plan;(2)  adopting, implementing, and enforcing an official nurse services staffing plan that is based on the needs of each patient care unit and shift and on evidence relating to patient care needs;(3)  using the official nurse services staffing plan as a component in setting the nurse staffing budget;(4)  encouraging nurses to provide input to the committee relating to nurse staffing concerns;(5)  protecting from retaliation nurses who provide input to the committee; and(6)  ensuring compliance with rules adopted by the executive commissioner of the Health and Human Services Commission relating to nurse staffing.(b)  The official nurse services staffing plan adopted under Subsection (a) must:(1)  reflect current standards established by private accreditation organizations, governmental entities, national nursing professional associations, and other health professional organizations;(2)  set minimum staffing levels for patient care units that are:(A)  based on multiple nurse and patient considerations; and(B)  determined by the nursing assessment and in accordance with evidence-based safe nursing standards;(3)  include a method for adjusting the staffing plan for each patient care unit to provide staffing flexibility to meet patient needs; and(4)  include a contingency plan when patient care needs unexpectedly exceed direct patient care staff resources.(c)  The hospital shall:(1)  use the official nurse services staffing plan:(A)  as a component in setting the nurse staffing budget; and(B)  to guide the hospital in assigning nurses hospital-wide; and(2)  make readily available to nurses on each patient care unit at the beginning of each shift the official nurse services staffing plan levels and current staffing levels for that unit and that shift.|Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.|