reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 242.039 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.039. Fire Safety Requirements

Sec. 242.039.  FIRE SAFETY REQUIREMENTS.  (a)  The executive commissioner shall adopt rules necessary to specify the edition of the Life Safety Code of the National Fire Protection Association that will be used to establish the life safety requirements for an institution licensed under this chapter.(b)  The executive commissioner shall adopt the edition of the Life Safety Code of the National Fire Protection Association for fire safety as designated by federal law and regulations for an institution or portion of an institution that is constructed after September 1, 1993, and for an institution or portion of an institution that was operating or approved for construction on or before September 1, 1993.(c)  The executive commissioner may not require more stringent fire safety standards than those required by federal law and regulation.  The rules adopted under this section may not prevent an institution licensed under this chapter from voluntarily conforming to fire safety standards that are compatible with, equal to, or more stringent than those adopted by the executive commissioner.(d)  Licensed health care facilities in existence at the time of the effective date of this subsection may have their existing use or occupancy continued if such facilities comply with fire safety standards and ordinances in existence at the time of the effective date of this subsection.(e)  Notwithstanding any other provision of this section, a municipality shall have the authority to enact additional and higher fire safety standards applicable to new construction beginning on or after the effective date of this subsection.(g)  The executive commissioner shall adopt rules to implement an expedited inspection process that allows an applicant for a license or for a renewal of a license to obtain a life safety code and physical plant inspection not later than the 15th day after the date the request is made.  The department may charge a fee to recover the cost of the expedited inspection.  The rules must permit the department to charge different fee amounts based on the size and type of institution.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 583, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 2, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0605, eff. April 2, 2015.|
TX Health & Safety Code § 242.0395 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0395. Registration With Texas Information and Referral Network

Sec. 242.0395.  REGISTRATION WITH TEXAS INFORMATION AND REFERRAL NETWORK.  (a)  An institution licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency.(b)  The institution is not required to identify individual residents who may require assistance in an evacuation or to register individual residents with the Texas Information and Referral Network for evacuation assistance.(c)  The institution shall notify each resident and the resident's next of kin or guardian regarding how to register for evacuation assistance with the Texas Information and Referral Network.|Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.17, eff. September 1, 2009.|
TX Health & Safety Code § 242.040 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.040. Certification of Institutions That Care for Persons With Alzheimer's Disease and Related Disorders

Sec. 242.040.  CERTIFICATION OF INSTITUTIONS THAT CARE FOR PERSONS WITH ALZHEIMER'S DISEASE AND RELATED DISORDERS.  (a)  The department shall establish a system for certifying institutions that meet standards adopted by the executive commissioner concerning the specialized care and treatment of persons with Alzheimer's disease and related disorders.(b)  An institution is not required to be certified under this section in order to provide care and treatment of persons with Alzheimer's disease and related disorders.(c)  The executive commissioner by rule may adopt standards for the specialized care and treatment of persons with Alzheimer's disease and related disorders and provide procedures for institutions applying for certification under this section.  The rules must provide for a three-year certification period.(d)  The executive commissioner by rule may establish and the department may collect fees for the certification in an amount necessary to administer this section.(e)  An institution may not advertise or otherwise communicate that the institution is certified by the department to provide specialized care for persons with Alzheimer's disease or related disorders unless the institution is certified under this section.(f)  The executive commissioner by rule shall adopt a system under which an appropriate number of certifications issued by the department expire on staggered dates occurring in each three-year period.  If the expiration date of a certification changes as a result of this subsection, the department shall prorate the certification fee relating to that certification as appropriate.(g)  The executive commissioner by rule shall adopt a definition of "Alzheimer's disease and related disorders," and may adopt by reference a definition published in a generally accepted clinical resource for medical professionals. The executive commissioner shall modify the definition as necessary to conform to changes in medical practice.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1063 (H.B. 3196), Sec. 2, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0606, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1256 (H.B. 2588), Sec. 1, eff. June 20, 2015.|
TX Health & Safety Code § 242.0405 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0405. Notice of Alzheimer's Disease and Related Disorders Certification

Sec. 242.0405.  NOTICE OF ALZHEIMER'S DISEASE AND RELATED DISORDERS CERTIFICATION.  (a)  A nursing facility advertising, marketing, or otherwise promoting that the facility provides memory care services shall prepare a written notice disclosing whether the facility is certified or is not certified under Section 242.040 to provide specialized care and treatment for facility residents with Alzheimer's disease and related disorders.(b)  The nursing facility shall provide the notice described by Subsection (a) to:(1)  each facility resident; and(2)  each person applying for services from the facility or the person's next of kin or guardian.(c)  A nursing facility that provides the notice required under Subsection (a) is not required to include the information described by Section 242.202(d)(2) in a disclosure statement provided under that section.|Added by Acts 2021, 87th Leg., R.S., Ch. 514 (S.B. 383), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 242.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.041. False Communication Concerning Certification; Criminal Penalty

Sec. 242.041.  FALSE COMMUNICATION CONCERNING CERTIFICATION;  CRIMINAL PENALTY.  (a)  An institution commits an offense if the institution violates Section 242.040(e).(b)  An offense under this section is a Class C misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.043 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.043. Inspections

Sec. 242.043.  INSPECTIONS.  (a)  The commission or the commission's representative may make any inspection, including an unannounced inspection or follow-up inspection,  survey, or investigation that it considers necessary and may enter the premises of an institution at reasonable times to make an inspection, survey, or investigation in accordance with department rules.(b)  The department is entitled to access to books, records, and other documents maintained by or on behalf of an institution to the extent necessary to enforce this chapter and the rules adopted under this chapter.(c)  A license holder or an applicant for a license is considered to have consented to entry and inspection of the institution by a representative of the department in accordance with this chapter.(d)  The department shall establish procedures to preserve all relevant evidence of conditions found during an inspection, survey, or investigation that the department reasonably believes threaten the health and safety of a resident, including photography and photocopying of relevant documents, such as a license holder's notes, a physician's orders, and pharmacy records, for use in any legal proceeding.(e)  When photographing a resident, the department:(1)  shall respect the privacy of the resident to the greatest extent possible;  and(2)  may not make public the identity of the resident.(f)  An institution, an officer or employee of an institution, and a resident's attending physician are not civilly liable for surrendering confidential or private material under this section, including physician's orders, pharmacy records, notes and memoranda of a state office, and resident files.(g)  The department shall establish in clear and concise language a form to summarize each inspection report and complaint investigation report.(h)  The executive commissioner shall establish proper procedures to ensure that copies of all forms and reports under this section are made available to consumers, service recipients, and the relatives of service recipients as the executive commissioner considers proper.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0608, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 242.044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.044. Unannounced Inspections

Sec. 242.044.  UNANNOUNCED INSPECTIONS.  (a)  The commission shall annually conduct at least one unannounced inspection of each institution.(b)  For at least one unannounced annual inspection of an institution, the commission shall invite at least one person as a citizen advocate from:(1)  the AARP;(2)  the Texas Senior Citizen Association;(3)  the department's Certified Long-term Care Ombudsman; or(4)  another statewide organization for the elderly.(c)  In order to ensure continuous compliance, the department shall randomly select a sufficient percentage of institutions for unannounced inspections to be conducted between 5 p.m. and 8 a.m.  Those inspections must be cursory to avoid to the greatest extent feasible any disruption of the residents.(d)  The department may require additional inspections.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 815, Sec. 1(c), eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 1, eff. September 1, 2008.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0609, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 2, eff. September 1, 2021.|
TX Health & Safety Code § 242.0441 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0441. Follow-Up Inspections

Sec. 242.0441.  FOLLOW-UP INSPECTIONS.  (a)  The commission or the commission's representative may conduct a follow-up inspection of an institution after conducting an inspection, survey, or investigation of the institution under Section 242.043 or 242.044 to:(1)  evaluate and monitor the findings of the initial inspection, survey, or investigation; and(2)  ensure the commission is citing and punishing institutional deficiencies consistently across the state.(b)  If an institution corrects a deficiency cited during a follow-up inspection within the time specified by executive commissioner rule, the commission may not impose additional punitive actions for the deficiency.|Added by Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 242.0442 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0442. Commission Evaluation of Regulatory Capacity

Sec. 242.0442.  COMMISSION EVALUATION OF REGULATORY CAPACITY.  (a)  Not later than January 31 of each year, the commission shall evaluate the commission's capacity to regulate institutions under this chapter and formulate a strategy to effectively perform licensing duties, enforcement activities, and complaint investigations for that year.(b)  The commission shall continue to regularly evaluate the commission's  capacity to regulate institutions under this chapter and implement corrective measures as necessary.(c)  The commission shall monitor the commission's staffing of employees who perform inspections, surveys, or investigations of institutions under this chapter and fill any vacant positions as soon as possible.(d)  Not later than January 1 of each year, the commission shall evaluate the commission's compliance during the previous year with Sections 242.043, 242.044, and 242.0441.|Added by Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 242.0445 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0445. Reporting of Violations

Sec. 242.0445.  REPORTING OF VIOLATIONS.  (a)  The department or the department's representative conducting an inspection, survey, or investigation under Section 242.043 or 242.044 shall:(1)  list each violation of a law or rule on a form designed by the department for inspections;  and(2)  identify the specific law or rule the facility violated.(a-1)  If the commission or the commission's representative conducting an inspection, survey, or investigation under Section 242.043 or 242.044 identifies a violation that constitutes immediate jeopardy to the health or safety of a resident:(1)  the commission shall immediately notify the facility's management of the violation; and(2)  a commission representative shall remain in or be accessible to the facility until the commission has received the facility's plan of removal related to the violation.(b)  At the conclusion of an inspection, survey, or investigation under Section 242.043 or 242.044, the department or the department's representative conducting the inspection, survey, or investigation shall discuss the violations with the facility's management in an exit conference.  The department or the department's representative shall leave a written list of the violations with the facility at the time of the exit conference.  If the department or the department's representative discovers any additional violations during the review of field notes or preparation of the official final list, the department or the department's representative shall give the facility an additional exit conference regarding the additional violations.  An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.(b-1)  Not later than the fifth working day after the date the facility receives the final statement of violations under this section, the facility shall provide a copy of the statement to a representative of the facility's family council.(c)  The facility shall submit a plan to correct the violations to the regional director not later than the 10th working day after the date the facility receives the final official statement of violations.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 2, eff. September 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 3, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 637 (S.B. 1519), Sec. 3, eff. June 10, 2019.Acts 2019, 86th Leg., R.S., Ch. 805 (H.B. 2205), Sec. 2, eff. June 10, 2019.|
TX Health & Safety Code § 242.045 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.045. Disclosure of Unannounced Inspections; Criminal Penalty

Sec. 242.045.  DISCLOSURE OF UNANNOUNCED INSPECTIONS;  CRIMINAL PENALTY.  (a)  Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date, time, or any other fact about an unannounced inspection of an institution before the inspection occurs.(b)  In this section, "unauthorized person" does not include:(1)  the department;(2)  the office of the attorney general;(3)  a statewide organization for the elderly, including the AARP and the Texas Senior Citizen Association;(4)  an ombudsman or representative of the department;(5)  a representative of an agency or organization when a Medicare or Medicaid survey is made concurrently with a licensing inspection; or(6)  any other person or entity authorized by law to make an inspection or to accompany an inspector.(c)  An offense under this section is a third degree felony.(d)  A person convicted under this section is not eligible for state employment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.11, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0610, eff. April 2, 2015.|
TX Health & Safety Code § 242.046 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.046. Open Hearing

Sec. 242.046.  OPEN HEARING.  (a)  The department shall hold an open hearing in a licensed institution if the department has taken a punitive action against the institution in the preceding 12 months or if the department receives a complaint from an ombudsman, advocate, resident, or relative of a resident relating to a serious or potentially serious problem in the institution and the department has reasonable cause to believe the complaint is valid.  The department is not required to hold more than one open meeting in a particular institution in each year.(b)  The department shall give notice of the time, place, and date of the hearing to:(1)  the institution; (2)  the designated closest living relative or legal guardian of each resident;  and(3)  appropriate state or federal agencies that work with the institution.(c)  The department may exclude an institution's administrators and personnel from the hearing.(d)  The department shall notify the institution of any complaints received at the hearing and, without identifying the source of the complaints, provide a summary of them to the institution.(e)  The department shall determine and implement a mechanism to notify confidentially a complainant of the results of the investigation of the complaint.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 89, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0611, eff. April 2, 2015.|
TX Health & Safety Code § 242.048 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.048. Licensing Surveys

Sec. 242.048.  LICENSING SURVEYS.  The department shall provide a team to conduct surveys to validate findings of licensing surveys.  The purpose of validation surveys is to assure that survey teams throughout the state survey in a fair and consistent manner.  A facility subjected to a validation survey must correct deficiencies cited by the validation team but is not subject to punitive action for those deficiencies.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 90, eff. Sept. 1, 1991.|
TX Health & Safety Code § 242.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.051. Notification of Award of Exemplary Damages

Sec. 242.051.  NOTIFICATION OF AWARD OF EXEMPLARY DAMAGES.  (a)  If exemplary damages are awarded under Chapter 41, Civil Practice and Remedies Code, against an institution or an officer, employee, or agent of an institution, the court shall notify the department.(b)  If the department receives notice under Subsection (a), the department shall maintain the information contained in the notice in the records of the department relating to the history of the institution.|Added by Acts 2001, 77th Leg., ch. 1284, Sec. 2.01, eff. June 15, 2001.|