reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 142.0171 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0171. Notice; Request for Hearing

Sec. 142.0171.  NOTICE;  REQUEST FOR HEARING.  (a)  If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation.  The notice shall include:(1)  a brief summary of the alleged violation;(2)  a statement of the amount of the proposed penalty based on the factors listed in Section 142.017(d);  and(3)  a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.(b)  Not later than the 20th day after the date on which the notice is received, the person notified may accept the determination of the department made under this section, including the proposed penalty, or may make a written request for a hearing on that determination.(c)  If the person notified of the violation accepts the determination of the department or if the person fails to respond in a timely manner to the notice, the department shall order the person to pay the proposed penalty.|Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0407, eff. April 2, 2015.|
TX Health & Safety Code § 142.0172 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0172. Hearing; Order

Sec. 142.0172.  HEARING; ORDER.  (a)  If the person notified requests a hearing, the department shall refer the case to the State Office of Administrative Hearings and an administrative law judge of that office shall conduct the hearing.(a-1)  The department shall  give written notice of the hearing to the person.(b)  The administrative law judge 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 violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted.(c)  Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.|Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0408, eff. April 2, 2015.|
TX Health & Safety Code § 142.0174 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0174. Use of Administrative Penalty

Sec. 142.0174.  USE OF ADMINISTRATIVE PENALTY.  An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code.|Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 1, eff. September 1, 2005.|
TX Health & Safety Code § 142.0175 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0175. Expenses and Costs for Collection of Civil or Administrative Penalty

Sec. 142.0175.  EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR ADMINISTRATIVE PENALTY.  (a)  If the attorney general brings an action against a person under Section 142.013 or 142.014 or to enforce an administrative penalty assessed under Section 142.0173 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.(b)  For purposes of this section, reasonable expenses and costs include expenses incurred by the department and the attorney general in the investigation, initiation, and prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses.|Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1, 1997.|
TX Health & Safety Code § 142.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.018. Reports of Abuse, Exploitation, or Neglect

Sec. 142.018.  REPORTS OF ABUSE, EXPLOITATION, OR NEGLECT.  (a)  In this section, "abuse," "exploitation," and "neglect" have the meanings applicable through a rule adopted by the executive commissioner under Section 48.002(c), Human Resources Code, except that if the executive commissioner has not adopted applicable rules under that section, the statutory definitions of those terms under Section 48.002(a), Human Resources Code, shall be used.(b)  A home and community support services agency that has cause to believe that a person receiving services from the agency has been abused, exploited, or neglected by an employee of the agency shall report the information to:(1)  the department; and(2)  the Department of Family and Protective Services or other appropriate state agency as required by Section 48.051, Human Resources Code.(c)  This section does not affect the duty or authority of any state agency to conduct an investigation of alleged abuse, exploitation, or neglect as provided by other law.  An investigation of alleged abuse, exploitation, or neglect may be conducted without an on-site survey, as appropriate.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 11, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.197, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 3, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0409, eff. April 2, 2015.|
TX Health & Safety Code § 142.019 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.019. Certain Physician Referrals Prohibited

Sec. 142.019.  CERTAIN PHYSICIAN REFERRALS PROHIBITED.  A physician may not refer a patient to a home and community support services agency if the referral violates 42 U.S.C. Section 1395nn and its subsequent amendments.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 11, eff. Sept. 1, 1999.|
TX Health & Safety Code § 142.020 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.020. Disposal of Special or Medical Waste

Sec. 142.020.  DISPOSAL OF SPECIAL OR MEDICAL WASTE.  (a)  A home and community support services agency that generates special or medical waste while providing home health services must  dispose of the waste in the same manner that the home and community support services agency  disposes of special or medical waste generated in the agency's office location.(b)  A home and community support services agency shall provide both verbal and written instructions to the agency's client regarding the proper procedure for disposing of sharps.  Sharps include hypodermic needles;  hypodermic syringes with attached needles;  scalpel blades;  razor blades, disposable razors, and disposable scissors used in medical procedures;  and intravenous stylets and rigid introducers.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 12, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1317, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 142.0201 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0201. Registration for Evacuation; Disaster Preparedness

Sec. 142.0201.  REGISTRATION FOR EVACUATION; DISASTER PREPAREDNESS.  A home and community support services agency shall:(1)  assist clients as necessary with registering for disaster evacuation assistance through 2-1-1 services provided by the Texas Information and Referral Network; and(2)  counsel clients as necessary regarding disaster preparedness.|Added by Acts 2009, 81st Leg., R.S., Ch. 459 (H.B. 2558), Sec. 1, eff. June 19, 2009.|
TX Health & Safety Code § 142.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.021. Administration of Medication

Sec. 142.021.  ADMINISTRATION OF MEDICATION.  A person may not administer medication to a client of a home and community support services agency unless the person:(1)  holds a license under state law that authorizes the person to administer medication;(2)  holds a permit issued under Section 142.025 and acts under the delegated authority of a person who holds a license under state law that authorizes the person to administer medication;(3)  administers a medication to a client of a home and community support service agency in accordance with rules of the Texas Board of Nursing that permit delegation of the administration of medication to a person not holding a permit under Section 142.025; or(4)  administers noninjectable medication under circumstances authorized by the memorandum of understanding executed by the department and the Texas Board of Nursing.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 19, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1191, Sec. 8, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 65, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0410, eff. April 2, 2015.|
TX Health & Safety Code § 142.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.022. Exemptions for Nursing Students and Medication Aide Trainees

Sec. 142.022.  EXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES.  (a)  Sections 142.021 and 142.029 do not apply to:(1)  a graduate nurse holding a temporary permit issued by the Texas Board of Nursing;(2)  a student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience;(3)  a graduate vocational nurse holding a temporary permit issued by the Texas Board of Nursing;(4)  a student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or(5)  a trainee in a medication aide training program approved by the department under Section 142.024 who is administering medications as part of the trainee's clinical experience.(b)  The administration of medications by persons exempted under Subdivisions (1) through (4) of Subsection (a) is governed by the terms of the memorandum of understanding executed by the department and the Texas Board of Nursing.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 4, eff. June 19, 1990.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.009, eff. Feb. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 66, eff. September 1, 2007.|
TX Health & Safety Code § 142.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.023. Rules for Administration of Medication

Sec. 142.023.  RULES FOR ADMINISTRATION OF MEDICATION.  The executive commissioner by rule shall establish:(1)  minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to a home health medication aide;(2)  curricula to train a home health medication aide;(3)  minimum standards for the approval of home health medication aide training programs and for rescinding approval;(4)  the acts and practices that are allowed or prohibited to a permit holder; and(5)  minimum standards for on-site supervision of a permit holder by a registered nurse.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 20, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0411, eff. April 2, 2015.|
TX Health & Safety Code § 142.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.024. Home Health Medication Aide Training Programs

Sec. 142.024.  HOME HEALTH MEDICATION AIDE TRAINING PROGRAMS.  (a)  An application for the approval of a home health medication aide training program must be made to the department on a form prescribed by the department and under department rules.(b)  The department shall approve a home health medication aide training program that meets the minimum standards adopted under Section 142.023.  The department may review the approval annually.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 21, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0412, eff. April 2, 2015.|
TX Health & Safety Code § 142.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.025. Issuance and Renewal of Home Health Medication Aide Permit

Sec. 142.025.  ISSUANCE AND RENEWAL OF HOME HEALTH MEDICATION AIDE PERMIT.  (a)  To be issued or to have renewed a home health medication aide permit, a person shall apply to the department on a form prescribed by the department and under department rules.(b)  The department shall prepare and conduct an examination for the issuance of a permit.(c)  The department shall require a permit holder to satisfactorily complete a continuing education course approved by the department for renewal of the permit.(d)  The department shall issue a permit or renew a permit to an applicant who:(1)  meets the minimum requirements adopted under Section 142.023;(2)  successfully completes the examination or the continuing education requirements; and(3)  pays a nonrefundable application fee specified in department rules.(e)  A permit is valid for one year and is not transferable.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 22, 23, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0413, eff. April 2, 2015.|
TX Health & Safety Code § 142.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.026. Fees for Issuance and Renewal of Home Health Medication Aide Permit

Sec. 142.026.  FEES FOR ISSUANCE AND RENEWAL OF HOME HEALTH MEDICATION AIDE PERMIT.  (a)  The executive commissioner by rule shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to administer its functions under this subchapter.  The fees may not exceed:(1)  $25 for a combined permit application and examination fee; and(2)  $15 for a renewal permit application fee.(b)  Fees received under this section may only be appropriated to the department to administer this subchapter.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 24, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0414, eff. April 2, 2015.|
TX Health & Safety Code § 142.027 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.027. Violation of Home Health Medication Aide Permits

Sec. 142.027.  VIOLATION OF HOME HEALTH MEDICATION AIDE PERMITS.  (a)  For the violation of this subchapter or a rule adopted under this subchapter, the department may:(1)  deny, suspend, revoke, or refuse to renew a permit;(2)  suspend a permit in an emergency;  or(3)  rescind training program approval.(b)  Except as provided by Section 142.028, the procedure by which the department takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by the department's rules for a formal hearing and by Chapter 2001, Government Code.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 25, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Health & Safety Code § 142.028 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.028. Emergency Suspension of Home Health Medication Aide Permits

Sec. 142.028.  EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION AIDE PERMITS.  (a)  The department shall issue an order to suspend a permit issued under Section 142.025 if the department has reasonable cause to believe that the conduct of the permit holder creates an imminent danger to the public health or safety.(b)  An emergency suspension is effective immediately without a hearing on notice to the permit holder.(c)  If requested in writing by a permit holder whose permit is suspended, the department shall conduct a hearing to continue, modify, or rescind the emergency suspension.(d)  The hearing must be held not earlier than the 10th day or later than the 30th day after the date on which the hearing request is received.(e)  The hearing and an appeal from a disciplinary action related to the hearing are governed by the department's rules for a formal hearing and Chapter 2001, Government Code.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 26, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Health & Safety Code § 142.029 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.029. Administration of Medication; Criminal Penalty

Sec. 142.029.  ADMINISTRATION OF MEDICATION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly administers medication to a client of a home and community support services agency and the person is not authorized to administer the medication under Section 142.021 or 142.022.(b)  An offense under this section is a Class B misdemeanor.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 27, eff. Sept. 1, 1993.|
TX Health & Safety Code § 142.030 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter B. Permits to Administer Medication|Section 142.030. Dispensing Dangerous Drugs or Controlled Substances; Criminal Penalty

Sec. 142.030.  DISPENSING DANGEROUS DRUGS OR CONTROLLED SUBSTANCES;  CRIMINAL PENALTY.  (a)  A person authorized by this subchapter to administer medication to a client of a home and community support services agency may not dispense dangerous drugs or controlled substances without complying with Subtitle J, Title 3, Occupations Code.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 28, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.779, eff. Sept. 1, 2001.|
TX Health & Safety Code § 142.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter C. Disposal of Controlled Substance Prescription Drugs by Hospice Service Provider|Section 142.041. Definition

Sec. 142.041.  DEFINITION.  In this subchapter, "license holder" means a home and community support services agency licensed under this chapter to provide hospice services.|Added by Acts 2019, 86th Leg., R.S., Ch. 829 (H.B. 2594), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 142.042 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter C. Disposal of Controlled Substance Prescription Drugs by Hospice Service Provider|Section 142.042. Policy

Sec. 142.042.  POLICY.  (a)  A license holder may adopt written policies and procedures related to the disposal of a patient's unused controlled substance prescription drugs on the patient's death or in other circumstances in which disposal is appropriate.(b)  A license holder that adopts policies and procedures under this section shall:(1)  provide a copy of the policies and procedures to the patient and the patient's family;(2)  discuss the policies and procedures with the patient and the patient's family in a language and manner the patient and patient's family understand; and(3)  document in the patient's clinical record that the policies and procedures were provided and discussed under Subdivisions (1) and (2).|Added by Acts 2019, 86th Leg., R.S., Ch. 829 (H.B. 2594), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 142.043 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter C. Disposal of Controlled Substance Prescription Drugs by Hospice Service Provider|Section 142.043. Employee Training

Sec. 142.043.  EMPLOYEE TRAINING.  (a)  This section applies to an employee of a license holder who is a health care professional licensed under Title 3, Occupations Code.(b)  A license holder may provide training to the employees described by Subsection (a) regarding the secure and responsible disposal of controlled substance prescription drugs in a manner that discourages abuse, misuse, or diversion.|Added by Acts 2019, 86th Leg., R.S., Ch. 829 (H.B. 2594), Sec. 1, eff. September 1, 2019.|