reglab/statecodes huggingface dataset:
2023 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 I. Nursing Facility Administration › Section 242.301. Definitions

Sec. 242.301.  DEFINITIONS.  In this subchapter:
(1)  "Nursing facility" means an institution or facility that is licensed as a nursing home, nursing facility, or skilled nursing facility by the department under this chapter.
(2)  "Nursing facility administrator" or "administrator" means a person who engages in the practice of nursing facility administration, without regard to whether the person has an ownership interest in the facility or whether the functions and duties are shared with any other person.
(3)  "Practice of nursing facility administration" means the performance of the acts of administering, managing, supervising, or being in general administrative charge of a nursing facility.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
2023 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 I. Nursing Facility Administration › Section 242.302. Powers and Duties of Department and Executive Commissioner

Sec. 242.302.  POWERS AND DUTIES OF DEPARTMENT AND EXECUTIVE COMMISSIONER.  (a)  The executive commissioner may adopt rules consistent with this subchapter. The executive commissioner shall adopt and publish a code of ethics for nursing facility administrators.
(b)  The department shall:
(1)   spend funds necessary for the proper administration of the department's assigned duties under this subchapter; and
(2)  periodically assess the continuing education needs of license holders to determine whether specific course content should be required.
(c)  The department is the licensing agency for the healing arts, as provided by 42 U.S.C. Section 1396g.
(d)  The executive commissioner shall establish:
(1)  the qualifications of applicants for licenses and the renewal of licenses issued under this subchapter;
(2)  reasonable and necessary fees for the administration and implementation of this subchapter; and
(3)  a minimum number of hours of continuing education required to renew a license issued under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0640, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.303. Nursing Facility Administrators Advisory Committee

Sec. 242.303.  NURSING FACILITY ADMINISTRATORS ADVISORY COMMITTEE.  (a)  The Nursing Facility Administrators Advisory Committee is appointed by the governor.
(b)  Members of the committee serve for staggered terms of six years, with the terms of three members expiring on February 1 of each odd-numbered year.
(c)  The committee shall consist of:
(1)  three licensed nursing facility administrators, at least one of whom shall represent a not-for-profit nursing facility;
(2)  one physician with experience in geriatrics who is not employed by a nursing facility;
(3)  one registered nurse with experience in geriatrics who is not employed by a nursing facility;
(4)  one social worker with experience in geriatrics who is not employed by a nursing facility; and
(5)  three public members with experience working with the chronically ill and infirm as provided by 42 U.S.C. Section 1396g.
(d)  The committee shall advise the department on the licensing of nursing facility administrators, including the content of applications for licensure and of the examination administered to license applicants under Section 242.306.  The committee shall review and recommend rules and minimum standards of conduct for the practice of nursing facility administration.  The committee shall review all complaints against administrators and make recommendations to the department regarding disciplinary actions.  Failure of the committee to review complaints and make recommendations in a timely manner shall not prevent the department from taking disciplinary action.
(e)  Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, or national origin of the person appointed.
(f)  A member of the committee receives no compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing the member's duties under this section.
(g)  The department shall pay the expenses of the committee and shall supply necessary personnel and supplies.
(h)  A vacancy in a position on the committee shall be filled in the same manner in which the position was originally filled and shall be filled by a person who meets the qualifications of the vacated position.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0641, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.304. Fees; Funds

Sec. 242.304.  FEES;  FUNDS.  (a)  The executive commissioner, in consultation with the department, by rule shall set reasonable and necessary fees in amounts necessary to cover the cost of administering this subchapter.  The executive commissioner by rule may set different licensing fees for different categories of licenses.
(b)  The department shall receive and account for funds received under this subchapter.  The funds shall be deposited in the state treasury to the credit of the general revenue fund.
(c)  The department may receive and disburse funds received from any federal source for the furtherance of the department's functions under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0642, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.305. Practicing Without a License

Sec. 242.305.  PRACTICING WITHOUT A LICENSE.  A person may not act as a nursing facility administrator or represent to others that the person is a nursing facility administrator unless the person is licensed under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
2023 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 I. Nursing Facility Administration › Section 242.306. License Application; Qualifications

Sec. 242.306.  LICENSE APPLICATION;  QUALIFICATIONS.  (a)  An applicant for a nursing facility administrator's license must submit a sworn application that is accompanied by the application fee.
(b)  The department shall prescribe the form of the application and the executive commissioner may by rule establish dates by which applications and fees must be received.
(c)  An applicant for a nursing facility administrator's license must take a licensing examination under this subchapter.  To qualify for the licensing examination, the applicant must have satisfactorily completed a course of instruction and training prescribed by the executive commissioner that is conducted by or in cooperation with an accredited postsecondary educational institution and that is designed and administered to provide sufficient knowledge of:
(1)  the needs served by nursing facilities;
(2)  the laws governing the operation of nursing facilities and the protection of the interests of facility residents; and
(3)  the elements of nursing facility administration.
(d)  An applicant who has not completed the course of instruction and training described by Subsection (c) must present evidence satisfactory to the department of having completed sufficient education, training, and experience in the fields described by Subsection (c) to enable the applicant to engage in the practice of nursing facility administration.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0643, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.3061. Applicability of Other Law

Sec. 242.3061.  APPLICABILITY OF OTHER LAW. Chapter 53, Occupations Code, does not apply to the issuance or renewal of a license under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1136 (S.B. 681), Sec. 1, eff. September 1, 2023.
2023 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 I. Nursing Facility Administration › Section 242.307. Examination

Sec. 242.307.  EXAMINATION.  (a)  The licensing examination shall be prepared or approved by the department and shall be administered by the department to qualified applicants at least twice each calendar year.  The department shall have the written portion of the examination, if any, validated by a testing professional.
(b)  Not later than the 30th day after the date on which a licensing examination is administered under this subchapter, the department shall notify each examinee of the results of the examination.  If an examination is graded or reviewed by a national or state testing service, the department shall notify examinees of the results of the examination not later than two weeks after the date the department receives the results from the testing service.  If the notice of the examination results will be delayed for more than 90 days after the examination date, the department shall notify the examinee of the reason for the delay before the 90th day.
(c)  If requested in writing by a person who fails the licensing examination, the department shall furnish the person with an analysis of the person's performance on the examination.
(d)  The executive commissioner may establish by rule additional educational requirements to be met by an applicant who fails the examination three times.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0644, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.308. Licenses; Temporary License; Inactive Status

Sec. 242.308.  LICENSES;  TEMPORARY LICENSE;  INACTIVE STATUS.  (a)  A person who meets the requirements for licensing under this subchapter is entitled to receive a license.  A nursing facility administrator's license is not transferable.
(b)  A person licensed under this subchapter must notify the department of the license holder's correct mailing address.
(c)  A license is valid for two years.  The executive commissioner by rule may adopt a system under which licenses expire on various dates during the two-year period.  For the year in which a license expiration date is changed, license fees payable on the original expiration date shall be prorated on a monthly basis so that each license holder shall pay only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
(d)  The executive commissioner by rule may provide for the issuance of a temporary license.  Rules adopted under this section shall include a time limit for a licensee to practice under a temporary license.
(e)  The executive commissioner by rule may provide for a license holder to be placed on inactive status.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0645, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.309. Provisional License

Sec. 242.309.  PROVISIONAL LICENSE.  (a)  The department shall issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:
(1)  has been licensed in good standing as a nursing facility administrator for at least two years in another jurisdiction, including a foreign country, that has licensing requirements that are substantially equivalent to the requirements of this subchapter;
(2)  has passed a national or other examination recognized by the department relating to the practice of nursing facility administration; and
(3)  is sponsored by a person licensed by the department under this subchapter with whom the provisional license holder will practice during the time the person holds a provisional license.
(b)  The department may waive the requirement of Subsection (a)(3) for an applicant if the department determines that compliance with that subsection would be a hardship to the applicant.
(c)  A provisional license is valid until the date the department approves or denies the provisional license holder's application for a license.  The department shall issue a license under this subchapter to the provisional license holder if:
(1)  the provisional license holder is eligible to be licensed under Section 242.306; or
(2)  the provisional license holder passes the part of the examination under Section 242.307 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of nursing facility administration in this state and:
(A)  the department verifies that the provisional license holder meets the academic and experience requirements for a license under this subchapter; and
(B)  the provisional license holder satisfies all other license requirements under this subchapter.
(d)  The department must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.  The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.
(e)  The executive commissioner by rule may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.20, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0646, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.310. License Renewal

Sec. 242.310.  LICENSE RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.
(d)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license.
(e)  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination.  The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license.
(f)  Not later than the 31st day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.21, eff. Sept. 1, 1999.
2023 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 I. Nursing Facility Administration › Section 242.311. Mandatory Continuing Education

Sec. 242.311.  MANDATORY CONTINUING EDUCATION.  (a)  The executive commissioner by rule shall establish a minimum number of hours of continuing education required to renew a license under this subchapter.  The department may assess the continuing education needs of license holders and may require license holders to attend continuing education courses specified by department rule.
(b)  The executive commissioner shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.  The department shall adopt a procedure to assess a license holder's participation in continuing education programs.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0647, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.314. Written Reprimand and Continuing Education as Sanctions

Sec. 242.314.  WRITTEN REPRIMAND AND CONTINUING EDUCATION AS SANCTIONS.  In addition to the other disciplinary actions authorized under this subchapter, the department may issue a written reprimand to a license holder who violates this subchapter or may require that a license holder who violates this subchapter participate in continuing education programs.  The department shall specify the continuing education programs that may be attended and the number of hours that must be completed by a license holder to fulfill the requirements of this section.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
2023 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 I. Nursing Facility Administration › Section 242.315. Administrative Penalty as Sanction

Sec. 242.315.  ADMINISTRATIVE PENALTY AS SANCTION.  (a)  The department may impose an administrative penalty against a person licensed or regulated under this subchapter who violates this subchapter or a rule adopted under this subchapter.
(b)  The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation occurs or continues is a separate violation for purposes of imposing a penalty.
(c)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter future violations;
(5)  efforts to correct the violations; and
(6)  any other matter that justice may require.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0649, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.317. Informal Proceedings

Sec. 242.317.  INFORMAL PROCEEDINGS.  (a)  The executive commissioner by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  informal proceedings held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under this section must provide the complainant and the license holder an opportunity to be heard.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0651, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.318. Monitoring of License Holder

Sec. 242.318.  MONITORING OF LICENSE HOLDER.  The executive commissioner by rule shall develop a system for monitoring a license holder's compliance with the requirements of this subchapter.  Rules adopted under this section shall include procedures for monitoring a license holder who is required by the department to perform certain acts to ascertain that the license holder performs the required acts and to identify and monitor license holders who represent a risk to the public.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0652, eff. April 2, 2015.
2023 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 I. Nursing Facility Administration › Section 242.319. Civil Penalty

Sec. 242.319.  CIVIL PENALTY.  A person who violates this subchapter is liable to the state for a civil penalty of $1,000 for each day of violation.  At the request of the department, the attorney general shall bring an action to recover a civil penalty established by this section.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
2023 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 I. Nursing Facility Administration › Section 242.320. Assistance of Attorney General

Sec. 242.320.  ASSISTANCE OF ATTORNEY GENERAL.  The attorney general shall provide legal assistance as necessary in enforcing the provisions of this subchapter.  This requirement does not relieve a local prosecuting officer of any of the prosecuting officer's duties under the law.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
2023 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 I. Nursing Facility Administration › Section 242.321. Offense

Sec. 242.321.  OFFENSE.  (a)  A person commits an offense if the person knowingly or intentionally violates Section 242.305.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
2023 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 I. Nursing Facility Administration › Section 242.322. Protection for Refusal to Engage in Certain Conduct

Sec. 242.322.  PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT.  (a)  A person may not suspend, terminate, or otherwise discipline or discriminate against a licensed nursing facility administrator who refuses to engage in an act or omission relating to the administrator's job duties or responsibilities that would constitute a violation of this subchapter or of a rule adopted under this subchapter, if the administrator notifies the person at the time of the refusal that the reason for refusing is that the act or omission constitutes a violation of this subchapter or of a rule adopted under this subchapter.
(b)  An act by a person under Subsection (a) does not constitute a violation of this section if:
(1)  the act or omission the administrator refused to commit was not conduct that constitutes a violation of this subchapter or of a rule adopted under this subchapter; or
(2)  the act or omission the administrator refused to commit was conduct that constitutes a violation of this subchapter or of a rule adopted under this subchapter, and the person rescinds any disciplinary or discriminatory action taken against the administrator, compensates the administrator for lost wages, and restores any lost benefits to the administrator.
(c)  A violation of this section is an unlawful employment practice, and a civil action may be brought by a licensed nursing facility administrator against a person for the violation.  The relief available in a civil action shall be the same as the relief available to complainants in a civil action for violations of Chapter 21, Labor Code.  In no event may any action be brought pursuant to this section more than two years after the date of the administrator's refusal to engage in an act or omission that would constitute a violation of this subchapter or of a rule adopted under this subchapter.
(d)  In this section, "person" includes an individual, organization, corporation, agency, facility, or other entity.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.
Subchapter I, consisting of Secs. 242.301 to 242.327, was added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
For another Subchapter I, consisting of Secs. 242.301 to 242.322, added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, see Sec. 242.301 et seq. post.
Text of subchapter effective upon federal determination of failure to comply with federal regulations
2023 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 I. Nursing Facility Administration › Section 242.301. Definitions

Sec. 242.301.  DEFINITIONS.  In this subchapter:
(1)  "Board" means the Texas Board of Nursing Facility Administrators.
(2)  "Nursing facility" means an institution or facility that is licensed as a nursing home, nursing facility, or skilled nursing facility by the department under this chapter.
(3)  "Nursing facility administrator" or "administrator" means a person who engages in the practice of nursing facility administration, without regard to whether the person has an ownership interest in the facility or whether the functions and duties are shared with any other person.
(4)  "Practice of nursing facility administration" means the performance of the acts of administering, managing, supervising, or being in general administrative charge of a nursing facility.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.302. Texas Board of Nursing Facility Administrators

Sec. 242.302.  TEXAS BOARD OF NURSING FACILITY ADMINISTRATORS.  (a)  The Texas Board of Nursing Facility Administrators is within the department.
(b)  The board is composed of nine members appointed by the governor as follows:
(1)  three licensed nursing facility administrators, at least one of whom shall represent a not-for-profit nursing facility;
(2)  one physician with experience in geriatrics who is not employed by a nursing facility;
(3)  one registered nurse with experience in geriatrics who is not employed by a nursing facility;
(4)  one social worker with experience in geriatrics who is not employed by a nursing facility;  and
(5)  three public members with experience working with the chronically ill and infirm as provided by 42 U.S.C. Section 1396g.
(c)  Members of the board serve staggered six-year terms, with the terms of three members expiring on February 1 of each odd-numbered year.  A person appointed to fill a vacancy on the board shall serve for the unexpired portion of the term for which the person is appointed.
(d)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, or national origin of the person appointed.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.303. Membership Requirements

Sec. 242.303.  MEMBERSHIP REQUIREMENTS.  (a)  A member of the board who is an administrator must:
(1)  be a resident of this state and a citizen of the United States;
(2)  be licensed under this subchapter and currently serving as a nursing facility administrator or have direct supervisory responsibility on a daily basis over an administrator who works in a nursing facility;  and
(3)  hold a degree from an accredited four-year college or university.
(b)  An administrator who does not have a degree as required by Subsection (a)(3) may be qualified to serve as a member of the board if the administrator has two years of practical experience as an administrator for every year less than four that the administrator has completed at a four-year college or university.
(c)  A member or employee of the board may not:
(1)  be an officer, employee, or paid consultant of a trade association in the nursing facility industry;  or
(2)  be related within the second degree by affinity or within the third degree by consanguinity to an officer, employee, or paid consultant of a trade association in the nursing facility industry.
(d)  A member of the board who represents the general public may not have a financial interest, other than as a consumer, in a nursing facility as an officer, director, partner, owner, employee, attorney, or paid consultant or be related within the second degree by affinity or within the third degree by consanguinity to a person who has a financial interest, other than as a consumer, in a nursing facility as an officer, director, partner, owner, employee, attorney, or paid consultant.
(e)  A person who is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board may not serve on the board.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.304. Grounds for Removal

Sec. 242.304.  GROUNDS FOR REMOVAL.  It is a ground for removal from the board if a member:
(1)  does not have at the time of appointment the qualifications required by Section 242.303 for appointment to the board;
(2)  does not maintain during service on the board the qualifications required by Section 242.303 for appointment to the board;
(3)  violates a prohibition established by Section 242.303;
(4)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.305. Board Officers; Meetings; Quorum; Expenses

Sec. 242.305.  BOARD OFFICERS;  MEETINGS;  QUORUM;  EXPENSES.  (a)  The board shall elect from its members a presiding officer and assistant presiding officer who serve according to rules adopted by the board.
(b)  The board shall hold at least two regular meetings each year as provided by rules adopted by the board.
(c)  A majority of the members constitutes a quorum.
(d)  Each member of the board is entitled to compensation for transportation expenses as provided by the General Appropriations Act.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.306. Application of Open Meetings and Administrative Procedure Act

Sec. 242.306.  APPLICATION OF OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE ACT.  The board is subject to Chapters 551 and 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.307. Powers and Duties of the Board

Sec. 242.307.  POWERS AND DUTIES OF THE BOARD.  (a)  The board may adopt rules consistent with this subchapter.
(b)  The board shall:
(1)  adopt and publish a code of ethics for nursing facility administrators;
(2)  establish the qualifications of applicants for licenses and the renewal of licenses issued under this subchapter;
(3)  spend funds necessary for the proper administration of the department's assigned duties under this subchapter;
(4)  establish reasonable and necessary fees for the administration and implementation of this subchapter;  and
(5)  establish a minimum number of hours of continuing education required to renew a license issued under this subchapter and periodically assess the continuing education needs of license holders to determine whether specific course content should be required.
(c)  The board is the licensing authority for the healing arts, as provided by 42 U.S.C. Section 1396g, and shall meet the requirements of a state licensing agency for nursing facility practitioners, as provided by 42 C.F.R. Part 431, Subpart N.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.308. Administrative Functions

Sec. 242.308.  ADMINISTRATIVE FUNCTIONS.  The department shall serve as the administrator of the licensing activities under this subchapter and shall provide staff as necessary for the licensing and regulation of nursing facility administrators under this subchapter.  If necessary to the administration of this subchapter, the department may secure and provide for compensation for services that the department considers necessary and may employ and compensate within available appropriations professional consultants, technical assistants, and employees on a full-time or part-time basis.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.309. Fees; Funds

Sec. 242.309.  FEES;  FUNDS.  (a)  The board by rule shall set reasonable and necessary fees in amounts necessary to cover the cost of administering this subchapter.  The board by rule may set different licensing fees for different categories of licenses.
(b)  The department shall receive and account for funds received under this subchapter.  The funds shall be deposited in the state treasury to the credit of the general revenue fund.
(c)  The department may receive and disburse funds received from any federal source for the furtherance of the department's functions under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.310. Practicing Without a License

Sec. 242.310.  PRACTICING WITHOUT A LICENSE.  A person may not act as a nursing facility administrator or represent to others that the person is a nursing facility administrator unless the person is licensed under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.311. License Application; Qualifications

Sec. 242.311.  LICENSE APPLICATION;  QUALIFICATIONS.  (a)  An applicant for a nursing facility administrator's license must submit a sworn application that is accompanied by the application fee.
(b)  The board shall prescribe the form of the application and may by rule establish dates by which applications and fees must be received.
(c)  An applicant for a nursing facility administrator's license must take a licensing examination under this subchapter.  To qualify for the licensing examination, the applicant must have satisfactorily completed a course of instruction and training prescribed by the board that is conducted by or in cooperation with an accredited postsecondary educational institution and that is designed and administered to provide sufficient knowledge of:
(1)  the needs served by nursing facilities;
(2)  the laws governing the operation of nursing facilities and the protection of the interests of facility residents;  and
(3)  the elements of nursing facility administration.
(d)  An applicant who has not completed the course of instruction and training described by Subsection (c) must present evidence satisfactory to the board of having completed sufficient education, training, and experience in the fields described by Subsection (c) to enable the applicant to engage in the practice of nursing facility administration.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.3115. Applicability of Other Law

Sec. 242.3115.  APPLICABILITY OF OTHER LAW. Chapter 53, Occupations Code, does not apply to the issuance or renewal of a license under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1136 (S.B. 681), Sec. 2, eff. September 1, 2023.
2023 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 I. Nursing Facility Administration › Section 242.312. Examination

Sec. 242.312.  EXAMINATION.  (a)  The licensing examination shall be prepared or approved by the board and shall be administered by the board to qualified applicants at least twice each calendar year.  The board shall have the written portion of the examination, if any, validated by a testing professional.
(b)  Not later than the 30th day after the date on which a licensing examination is administered under this subchapter, the board shall notify each examinee of the results of the examination.  If an examination is graded or reviewed by a national or state testing service, the board shall notify examinees of the results of the examination not later than two weeks after the date the board receives the results from the testing service.  If the notice of the examination results will be delayed for more than 90 days after the examination date, the board shall notify the examinee of the reason for the delay before the 90th day.
(c)  If requested in writing by a person who fails the licensing examination, the board shall furnish the person with an analysis of the person's performance on the examination.
(d)  The board may establish by rule additional educational requirements to be met by an applicant who fails the examination three times.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.313. Licenses; Temporary License; Inactive Status

Sec. 242.313.  LICENSES;  TEMPORARY LICENSE;  INACTIVE STATUS.  (a)  A person who meets the requirements for licensing under this subchapter is entitled to receive a license.  A nursing facility administrator's license is not transferable.
(b)  A person licensed under this subchapter must notify the board of the license holder's correct mailing address.
(c)  A license is valid for two years.  The board by rule may adopt a system under which licenses expire on various dates during the two-year period.  For the year in which a license expiration date is changed, license fees payable on the original expiration date shall be prorated on a monthly basis so that each license holder shall pay only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
(d)  The board by rule may provide for the issuance of a temporary license.  Rules adopted under this section shall include a time limit for a licensee to practice under a temporary license.
(e)  The board by rule may provide for a license holder to be placed on inactive status.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
2023 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 I. Nursing Facility Administration › Section 242.314. Provisional License

Sec. 242.314.  PROVISIONAL LICENSE.  (a)  The board shall issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:
(1)  has been licensed in good standing as a nursing facility administrator for at least two years in another jurisdiction, including a foreign country, that has licensing requirements that are substantially equivalent to the requirements of this subchapter;
(2)  has passed a national or other examination recognized by the board relating to the practice of nursing facility administration;  and
(3)  is sponsored by a person licensed by the board under this subchapter with whom the provisional license holder will practice during the time the person holds a provisional license.
(b)  The board may waive the requirement of Subsection (a)(3) for an applicant if the board determines that compliance with that subsection would be a hardship to the applicant.
(c)  A provisional license is valid until the date the board approves or denies the provisional license holder's application for a license.  The board shall issue a license under this subchapter to the provisional license holder if:
(1)  the provisional license holder is eligible to be licensed under Section 242.311;  or
(2)  the provisional license holder passes the part of the examination under Section 242.312 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of nursing facility administration in this state and:
(A)  the board verifies that the provisional license holder meets the academic and experience requirements for a license under this subchapter;  and
(B)  the provisional license holder satisfies any other license requirements under this subchapter.
(d)  The board must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.  The board may extend the 180-day period if the results of an examination have not been received by the board before the end of that period.
(e)  The board may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.22, eff. Sept. 1, 1999.
2023 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 I. Nursing Facility Administration › Section 242.315. License Renewal

Sec. 242.315.  LICENSE RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the board before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the board a renewal fee that is equal to 1-1/2 times the normally required fee.
(c)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board a renewal fee that is equal to two times the normally required renewal fee.
(d)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license.
(e)  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination.  The person must pay to the board a fee that is equal to two times the normally required renewal fee for the license.
(f)  Not later than the 31st day before the date a person's license is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.23, eff. Sept. 1, 1999.