reglab/statecodes huggingface dataset:
2023 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 142.011. Denial, Suspension, or Revocation of License

Sec. 142.011.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department may deny a license application or suspend or revoke the license of a person who:
(1)  fails to comply with the rules or standards for licensing required by this chapter; or
(2)  engages in conduct that violates Section 102.001, Occupations Code.
(b)  The department may immediately suspend or revoke a license when the health and safety of persons are threatened.  If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the home and community support services agency adequate notice of the action taken, the legal grounds for the action, and the procedure governing appeal of the action.  A person whose license is suspended or revoked under this subsection is entitled to a hearing not later than the seventh day after the effective date of the suspension or revocation.
(c)  The department may suspend or revoke a home and community support services agency's license to provide certified home health services if the agency fails to maintain its certification qualifying the agency as a certified agency.  A home and community support services agency that is licensed to provide certified home health services and that submits a request for a hearing as provided by Subsection (d) is subject to the requirements of this chapter relating to a home and community support services agency that is licensed to provide home health services, but not certified home health services, until the suspension or revocation is finally determined by the department or, if the license is suspended or revoked, until the last day for seeking review of the department order or a later date fixed by order of the reviewing court.
(d)  A person whose application is denied or whose license is suspended or revoked is entitled to a hearing if the person submits a written request to the commission.  Chapter 2001, Government Code, and the department's rules for contested case hearings apply to hearings conducted under this section and to appeals from department decisions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 47, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 800, Sec. 14, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 276, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.07, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 15, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0405, eff. April 2, 2015.
2023 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 142.012. Powers and Duties

Sec. 142.012.  POWERS AND DUTIES.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter.  The executive commissioner may adopt rules governing the duties and responsibilities of home and community support services agency administrators, including rules regarding:
(1)  an administrator's management of daily operations of the home and community support services agency;
(2)  an administrator's responsibility for supervising the provision of quality care to agency clients;
(3)  an administrator's implementation of agency policy and procedures; and
(4)  an administrator's responsibility to be available to the agency at all times in person or by telephone.
(b)  The executive commissioner by rule shall set minimum standards for home and community support services agencies licensed under this chapter that relate to:
(1)  qualifications for professional and nonprofessional personnel, including volunteers;
(2)  supervision of professional and nonprofessional personnel, including volunteers;
(3)  the provision and coordination of treatment and services, including support and bereavement services, as appropriate;
(4)  the management, ownership, and organizational structure, including lines of authority and delegation of responsibility and, as appropriate, the composition of an interdisciplinary team;
(5)  clinical and business records;
(6)  financial ability to carry out the functions as proposed;
(7)  safety, fire prevention, and sanitary standards for residential units and inpatient units; and
(8)  any other aspects of home health, hospice, habilitation, or personal assistance services as necessary to protect the public.
(c)  The initial minimum standards adopted under Subsection (b) for hospice services must be at least as stringent as the conditions of participation for a Medicare certified provider of hospice services in effect on April 30, 1993, under Title XVIII, Social Security Act (42 U.S.C. Section 1395 et seq.).
(d)  The department shall prescribe forms necessary to perform its duties.
(e)  The department shall require each person or home and community support services agency providing home health, hospice, habilitation, or personal assistance services to implement and enforce the applicable provisions of Chapter 102, Human Resources Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 15, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.08, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 16, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 12, eff. September 1, 2015.
2023 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 142.013. Injunction

Sec. 142.013.  INJUNCTION.  (a)  A district court, on petition of the department and on a finding by the court that a person is violating this chapter, may by injunction:
(1)  prohibit the person from continuing the violation;  or
(2)  grant any other injunctive relief warranted by the facts.
(b)  The attorney general shall institute and conduct a suit authorized by this section at the request of the department and in the name of the state.
(c)  A suit for injunctive relief must be brought in Travis County.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 142.014. Civil Penalty

Sec. 142.014.  CIVIL PENALTY.  (a)  A person who engages in the business of providing home health, hospice, habilitation, or personal assistance service, or represents to the public that the person is a provider of home health, hospice, habilitation, and personal assistance services for pay, without a license issued under this chapter authorizing the services that are being provided is liable for a civil penalty of not less than $1,000 or more than $2,500 for each day of violation.  Penalties may be appropriated only to the department and to administer this chapter.
(b)  An action to recover a civil penalty is in addition to an action brought for injunctive relief under Section 142.013 or any other remedy provided by law.  The attorney general shall bring suit on behalf of the state to collect the civil penalty.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 16, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 13, eff. September 1, 2015.
2023 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 142.0145. Violation of Law Relating to Advance Directives

Sec. 142.0145.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004.
(b)  A penalty assessed under this section shall be $500.
(c)  The penalty shall be assessed in accordance with department rules.  The rules must provide for notice and an opportunity for a hearing.
Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.02, eff. Sept. 1, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 the commission.
(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.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 5, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 142.044. Authorized Disposal

Sec. 142.044.  AUTHORIZED DISPOSAL.  (a)  If the license holder has complied with Section 142.042(b) with respect to a patient, a health care professional employee who has completed the training under Section 142.043(b) may confiscate and dispose of a patient's controlled substance prescription drug if:
(1)  the patient has died;
(2)  the drug has expired; or
(3)  the patient's physician has given written instructions that the patient should no longer use the drug.
(b)  The employee confiscating the controlled substance prescription drug shall dispose of the drug in a manner consistent with recommendations of the United States Food and Drug Administration and the laws of this state.
(c)  The disposal of a controlled substance prescription drug under this section must occur at the location at which the drug was confiscated and be witnessed by another person 18 years of age or older.
(d)  After disposing of the controlled substance prescription drug, the employee shall document in the patient's record:
(1)  the name of the drug;
(2)  the dosage of the drug the patient was receiving;
(3)  the route of controlled substance prescription drug administration;
(4)  the quantity of the controlled substance prescription drug originally dispensed and the quantity of the drug remaining; and
(5)  the time, date, and manner of disposal.
(e)  An employee shall document in a patient's file if a family member of the patient prevented the confiscation and disposal of a controlled substance prescription drug as authorized under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 829 (H.B. 2594), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142A - Supportive Palliative Care Services › Section 142A.0001. Definition

Sec. 142A.0001.  DEFINITION.  In this chapter, "supportive palliative care" means physician-directed interdisciplinary patient- and family-centered care provided to a patient with a serious illness without regard to the patient's age or terminal prognosis that:
(1)  may be provided concurrently with methods of treatment or therapies that seek to cure or minimize the effects of the patient's illness; and
(2)  seeks to optimize the quality of life for a patient with a life-threatening or life-limiting illness and the patient's family through various methods, including methods that seek to:
(A)  anticipate, prevent, and treat the patient's total suffering related to the patient's physical, emotional, social, and spiritual condition;
(B)  address the physical, intellectual, emotional, cultural, social, and spiritual needs of the patient; and
(C)  facilitate for the patient regarding treatment options, education, informed consent, and expression of desires.
Added by Acts 2019, 86th Leg., R.S., Ch. 609 (S.B. 916), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142A - Supportive Palliative Care Services › Section 142A.0002. Reference in Other Law

Sec. 142A.0002.  REFERENCE IN OTHER LAW.  Notwithstanding any other law, a reference in this code or other law to palliative care means supportive palliative care.
Added by Acts 2019, 86th Leg., R.S., Ch. 609 (S.B. 916), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.001. Definitions

Sec. 143.001.  DEFINITIONS.  In this chapter:
(1)  "Employer" means a person who, directly, indirectly, or through an employee, agent, independent contractor, or any other person, delivers to another person materials for articles that are:
(A)  to be manufactured in a home and returned to the employer;  and
(B)  not for the personal use of the employer or a member of the employer's family.
(2)  "Home" means a room, house, apartment, or other premises, whichever is most extensive, that is used in whole or in part as a dwelling.
(3)  "Industrial homework" means the manufacture, in a home, of articles for an employer.
(4)  "Manufacture" includes preparation, alteration, repair, or finishing, in whole or in part, for profit or compensation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.002. Employer's Permit Required

Sec. 143.002.  EMPLOYER'S PERMIT REQUIRED.  (a)  An employer may not deliver materials for industrial homework to any person in this state without an employer's permit issued by the board.
(b)  If the employer is not a resident of this state, the employer's agent must hold the employer's permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.003. Employer's Permit Application and Issuance; Term

Sec. 143.003.  EMPLOYER'S PERMIT APPLICATION AND ISSUANCE;  TERM.  (a)  An applicant must apply for an employer's permit in the form prescribed by board rule.
(b)  The application must be accompanied by a $50 permit fee.
(c)  An employer's permit is valid for one year from the date of issuance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.004. Suspension or Revocation of Employer's Permit

Sec. 143.004.  SUSPENSION OR REVOCATION OF EMPLOYER'S PERMIT.  The board may suspend or revoke an employer's permit if the board finds that the employer has violated this chapter or has failed to comply with a provision of the permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.005. Homeworker's Certificate Required

Sec. 143.005.  HOMEWORKER'S CERTIFICATE REQUIRED.  (a)  A person may not engage in industrial homework without a homeworker's certificate issued by the board.
(b)  A homeworker's certificate is valid only for work performed by the certificate holder in the certificate holder's home.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.006. Homeworker's Certificate Application and Issuance; Term

Sec. 143.006.  HOMEWORKER'S CERTIFICATE APPLICATION AND ISSUANCE;  TERM.  (a)  An applicant must apply for a homeworker's certificate in the form prescribed by board rule.  Each applicant must present a health certificate or other evidence of good health as required by the board.
(b)  The application must be accompanied by a fee in an amount set by the board, but not to exceed 50 cents.
(c)  A homeworker's certificate is valid for one year from the date of issuance.
(d)  The board may not issue a homeworker's certificate to a person who:
(1)  is younger than 15 years of age;
(2)  suffers from a communicable disease;  or
(3)  lives in a home that is not clean, sanitary, and free from communicable diseases.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.007. Suspension or Revocation of Homeworker's Certificate

Sec. 143.007.  SUSPENSION OR REVOCATION OF HOMEWORKER'S CERTIFICATE.  The board may suspend or revoke a homeworker's certificate if the board finds that the industrial homeworker:
(1)  is performing industrial homework in violation of the conditions under which the certificate was issued or in violation of this chapter;  or
(2)  has allowed a person who does not hold a homeworker's certificate to assist the homeworker in performing the industrial homework.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.008. Prohibition on Issuance of Permit or Certificate

Sec. 143.008.  PROHIBITION ON ISSUANCE OF PERMIT OR CERTIFICATE.  The board may not issue an employer's permit or a homeworker's certificate to authorize industrial homework or the delivery of materials for industrial homework if the board determines that the industrial homework:
(1)  is injurious to the health or welfare of industrial homeworkers in that industry or to the public;  or
(2)  makes it unduly difficult to maintain or enforce health standards established by law or rule for factory workers in that industry.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.009. Order Prohibiting Certain Industrial Homework; Hearing

Sec. 143.009.  ORDER PROHIBITING CERTAIN INDUSTRIAL HOMEWORK;  HEARING.  (a)  The board by order shall prohibit industrial homework in a certain industry and shall require employers in that industry to stop delivering in this state any materials for that industrial homework if the board determines, after investigation, that the industrial homework may not be continued in that industry without injuring the health and welfare of industrial homeworkers in that industry or of the public.
(b)  Before adopting an order under Subsection (a), the board must hold a public hearing at which an opportunity to be heard must be afforded to any person having an interest in the subject matter of the hearing, including:
(1)  an employer or a representative of employers;  or
(2)  an industrial homeworker or a representative of industrial homeworkers.
(c)  The board must give public notice of the hearing:
(1)  not later than the 30th day before the date on which the hearing is held;  and
(2)  in a manner determined by the board.
(d)  The board shall hold the hearing in the place the board determines to be most convenient to the employers and industrial homeworkers affected by the order.
(e)  The board shall determine the effective date of the order, which may not be less than 90 days after the date of its adoption.
(f)  After an order becomes effective, a person holding an employer's permit may not deliver materials for the industrial homework prohibited by the order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.010. General Powers and Duties of Board

Sec. 143.010.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The board may adopt rules necessary to implement this chapter and shall enforce this chapter.
(b)  The board or the board's representative shall conduct all inspections and investigations necessary to enforce this chapter.
(c)  The board or the board's representative may:
(1)  administer oaths;
(2)  take affidavits;
(3)  issue subpoenas;
(4)  compel the attendance of witnesses and the production of books, contracts, documents, or any other evidence;
(5)  hear testimony under oath;  and
(6)  take depositions of witnesses who reside in this state or outside this state in the manner provided by law for similar depositions in civil actions in a justice court.
(d)  A subpoena or commission to take testimony shall be issued under the seal of the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.011. Prohibition on Certain Deliveries by Employer

Sec. 143.011.  PROHIBITION ON CERTAIN DELIVERIES BY EMPLOYER.  An employer may not deliver or cause to be delivered any materials for industrial homework to a person who does not possess an employer's permit or a homeworker's certificate issued in accordance with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.012. Record Requirements; Investigation

Sec. 143.012.  RECORD REQUIREMENTS;  INVESTIGATION.  (a)  A person who holds an employer's permit may not deliver or cause to be delivered or received materials for industrial homework or receive an article as a result of industrial homework unless the employer keeps a record of:
(1)  the persons engaged in industrial homework on materials delivered by that employer;
(2)  the places where those persons work;
(3)  the articles that those persons have manufactured;
(4)  the agents or contractors to whom the employer has delivered materials for industrial homework;  and
(5)  the persons from whom the employer has received materials for industrial homework.
(b)  The employer shall maintain and report the information in the manner prescribed by board rule and on forms that the board may provide.
(c)  The information and records required by this section may be used by the board only to enforce this chapter and may not be published or disclosed except to representatives of the board enforcing this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.013. Label Requirement

Sec. 143.013.  LABEL REQUIREMENT.  (a)  An employer may not deliver or cause to be delivered materials for industrial homework unless there has been conspicuously affixed to those materials a label or other identifying trademark that bears the employer's name and address printed or written legibly in English.
(b)  The label must be affixed to the package or container in which the materials are delivered or are to be kept if it is impossible to affix the label to the materials.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.014. Disposition of Unlawfully Manufactured Articles

Sec. 143.014.  DISPOSITION OF UNLAWFULLY MANUFACTURED ARTICLES.  (a)  The board may remove from a home articles that are being manufactured in the home in violation of this chapter and materials used to manufacture those articles.
(b)  The board shall give notice of the removal by registered mail to the person whose name and address are affixed to the materials as provided by Section 143.013.
(c)  The board may retain the materials or articles until they are claimed by the employer, and if they are not claimed before the 31st day after the date on which the notice is sent, the board may destroy or otherwise dispose of the materials or articles.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 143 - Industrial Homework › Section 143.015. Criminal Penalty

Sec. 143.015.  CRIMINAL PENALTY.  (a)  An employer commits an offense if the employer:
(1)  violates Section 143.002;
(2)  refuses to allow the board or its representative to enter the employer's place of business to conduct an investigation authorized by this chapter;
(3)  refuses to permit the board or its representative to inspect or copy the employer's records or other documents related to the enforcement of this chapter;
(4)  makes an oral statement that the employer is required by the commissioner to make and the statement made is false;  or
(5)  otherwise violates this chapter or any provision of the employer's permit.
(b)  A person commits an offense if the person violates a rule adopted by the board.
(c)  An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200, imprisonment for not less than 30 days or more than 60 days, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.