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 242.316. Mandatory Continuing Education

Sec. 242.316.  MANDATORY CONTINUING EDUCATION.  (a)  The board by rule shall establish a minimum number of hours of continuing education required to renew a license under this subchapter.  The board may assess the continuing education needs of license holders and may require license holders to attend continuing education courses specified by the board.
(b)  The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.  The board shall adopt a procedure to assess a license holder's participation in continuing education programs.
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 242.318. Sanctions

Sec. 242.318.  SANCTIONS.  (a)  The board may revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation in continuing education, or place an administrator on probation, after due notice and the opportunity for a hearing, on proof of any of the following grounds:
(1)  the license holder has wilfully or repeatedly violated a provision of this subchapter or a rule adopted under this subchapter;
(2)  the license holder has wilfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a facility of which the license holder is an administrator;
(3)  the license holder obtained or attempted to obtain a license through misrepresentation or deceit or by making a material misstatement of fact on a license application;
(4)  the license holder's use of alcohol or drugs creates a hazard to the residents of a facility;
(5)  a judgment of a court of competent jurisdiction finds that the license holder is mentally incapacitated;
(6)  the license holder has been convicted in a court of competent jurisdiction of a misdemeanor or felony involving moral turpitude;
(7)  the license holder has been convicted in a court of competent jurisdiction of an offense listed in Section 250.006; or
(8)  the license holder has been negligent or incompetent in the license holder's duties as a nursing facility administrator.
(b)  If a license sanction is probated, the board may require the license holder to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department;  or
(3)  continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
(c)  A license holder is entitled to a hearing in accordance with rules promulgated by the board before a sanction is imposed under this section.
(d)  The board by rule shall adopt a broad schedule of sanctions for violations under this subchapter.  The board shall use the schedule for any sanction imposed in accordance with the rules.
(e)  The department shall by rule establish criteria to determine whether deficiencies from a facility's survey warrant action against an administrator.  The criteria shall include a determination of whether the survey indicates substandard quality of care and whether a deficiency is related to an act or failure to act by the administrator.  If a deficiency on which a disciplinary action against an administrator is initiated or completed is not substantiated, the disciplinary action shall be reversed.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 4, eff. June 19, 2009.
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. Written Reprimand and Continuing Education as Sanctions

Sec. 242.319.  WRITTEN REPRIMAND AND CONTINUING EDUCATION AS SANCTIONS.  In addition to the other disciplinary actions authorized under this subchapter, the board may issue a written reprimand to a license holder who violates this subchapter or require that a license holder who violates this subchapter participate in continuing education programs.  The board 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. 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 242.320. Administrative Penalty as Sanction

Sec. 242.320.  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 by the board 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. 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 242.322. Informal Proceedings

Sec. 242.322.  INFORMAL PROCEEDINGS.  (a)  The department 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. 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 242.323. Monitoring of License Holder

Sec. 242.323.  MONITORING OF LICENSE HOLDER.  The board 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 board 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. 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 242.324. Civil Penalty

Sec. 242.324.  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. 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 242.325. Assistance of Attorney General

Sec. 242.325.  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. 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 242.326. Offense

Sec. 242.326.  OFFENSE.  (a)  A person commits an offense if the person knowingly or intentionally violates Section 242.310.
(b)  An offense under this section is a Class B misdemeanor.
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 242.327. Protection for Refusal to Engage in Certain Conduct

Sec. 242.327.  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. 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 K. Quality of Care › Section 242.401. Quality of Life

Sec. 242.401.  QUALITY OF LIFE.  (a)  An institution shall care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life and dignity.  An institution that admits a resident who is younger than 18 years of age must provide care to meet the resident's unique medical and developmental needs.
(b)  A resident of an institution has the right to reside and receive services in the institution with reasonable accommodation of individual needs, except to the extent the health or safety of the resident or other residents would be endangered.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 K. Quality of Care › Section 242.402. Quality of Care

Sec. 242.402.  QUALITY OF CARE.  An institution shall provide to each resident the necessary care or service needed to enable the resident to attain and maintain the highest practicable level of physical, emotional, and social well-being, in accordance with:
(1)  each resident's individual assessment and comprehensive plan of care;  and
(2)  the rules and standards relating to quality of care adopted under this chapter.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 K. Quality of Care › Section 242.403. Standards for Quality of Life and Quality of Care

Sec. 242.403.  STANDARDS FOR QUALITY OF LIFE AND QUALITY OF CARE.  (a)  The executive commissioner shall adopt standards to implement Sections 242.401 and 242.402.  Those standards must, at a minimum, address:
(1)  admission of residents;
(2)  care of residents younger than 18 years of age;
(3)  an initial assessment and comprehensive plan of care for residents;
(4)  transfer or discharge of residents;
(5)  clinical records;
(6)  infection control at the institution;
(7)  rehabilitative services;
(8)  food services;
(9)  nutrition services provided by a director of food services who is licensed by the Texas Department of Licensing and Regulation under Chapter 701, Occupations Code, or, if not so licensed, who is in scheduled consultation with a person who is so licensed as frequently and for such time as the executive commissioner shall determine necessary to assure each resident a diet that meets the daily nutritional and special dietary needs of each resident;
(10)  social services and activities;
(11)  prevention of pressure sores;
(12)  bladder and bowel retraining programs for residents;
(13)  prevention of complications from nasogastric or gastrotomy tube feedings;
(14)  relocation of residents within an institution;
(15)  postmortem procedures; and
(16)  appropriate use of chemical and physical restraints.
(b)  The executive commissioner may require an institution to submit information to the department, including Minimum Data Set Resident Assessments, necessary to ensure the quality of care in institutions.  Information submitted to the department that identifies a resident of an institution is confidential and not subject to disclosure under Chapter 552, Government Code.
(c)  The executive commissioner may adopt standards in addition to those required by Subsection (a) to implement Sections 242.401 and 242.402.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 667 (S.B. 48), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0653, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 9.002, eff. September 1, 2017.
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 K. Quality of Care › Section 242.404. Policies, Procedures, and Practices for Quality of Care and Quality of Life

Sec. 242.404.  POLICIES, PROCEDURES, AND PRACTICES FOR QUALITY OF CARE AND QUALITY OF LIFE.  (a)  Each institution shall comply with the standards adopted under this subchapter and shall develop written operating policies to implement those standards.
(b)  The policies and procedures must be available to each physician, staff member, resident, and resident's next of kin or guardian and to the public.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 L. Rights of Residents › Section 242.502. Rights Cumulative

Sec. 242.502.  RIGHTS CUMULATIVE.  The rights established under this subchapter are cumulative of the rights established under any other law.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 L. Rights of Residents › Section 242.503. Duties of Institution

Sec. 242.503.  DUTIES OF INSTITUTION.  (a)  An institution shall develop and implement policies to protect resident rights.
(b)  An institution and the staff of an institution may not violate a right adopted under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 L. Rights of Residents › Section 242.504. Information About Resident's Rights and Violations

Sec. 242.504.  INFORMATION ABOUT RESIDENT'S RIGHTS AND VIOLATIONS.  (a)  An institution shall inform each resident and the resident's next of kin or guardian of the rights adopted under this subchapter and shall explain the rights to the resident and the resident's next of kin or guardian.  The institution shall provide a written statement of:
(1)  all of the resident's rights;  and
(2)  any additional rules adopted by the institution involving resident rights and responsibilities.
(b)  The institution shall provide a copy of the written statement to:
(1)  each resident;
(2)  the next of kin or guardian of each resident;  and
(3)  each member of the staff of the institution.
(c)  The institution shall maintain a copy of the statement, signed by the resident or the resident's next of kin or guardian, in the institution's records.
(d)  The institution shall post the written statement in the manner required by Section 242.042.
(e)  An institution that has been cited by the department for a violation of any right adopted under this subchapter shall include a notice of the citation in the informational materials required by Section 242.042(a)(8).  The notice of citation must continue to be included in the informational materials until any regulatory action or proceeding with respect to the violation is complete and the department has determined that the institution is in full compliance with the applicable requirement.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 M. Complaint Inspections › Section 242.551. Complaint Requesting Inspection

Sec. 242.551.  COMPLAINT REQUESTING INSPECTION.  (a)  A person may request an inspection of an institution in accordance with this chapter by making a complaint notifying the department of an alleged violation of law and requesting an inspection.
(b)  The department shall encourage a person who makes an oral complaint under Subsection (a) to submit a written, signed complaint.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 M. Complaint Inspections › Section 242.552. Disclosure of Substance of Complaint

Sec. 242.552.  DISCLOSURE OF SUBSTANCE OF COMPLAINT.  The department may not provide information to the institution relating to the substance of a complaint made under this subchapter before an on-site inspection is begun in accordance with this subchapter.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 M. Complaint Inspections › Section 242.553. Confidentiality

Sec. 242.553.  CONFIDENTIALITY.  The name of the person making the complaint is confidential and may not be released to the institution or any other person, unless the person making the complaint specifically requests that the person's name be released.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 M. Complaint Inspections › Section 242.554. Preliminary Review of Complaint; Inspection

Sec. 242.554.  PRELIMINARY REVIEW OF COMPLAINT;  INSPECTION.  (a)  On receipt of a complaint under this subchapter, the department shall make a preliminary review of the complaint.
(b)  Within a reasonable time after receipt of the complaint, the department shall make an on-site inspection or otherwise respond to the complaint unless the department determines that:
(1)  the person making the complaint made the complaint to harass the institution;
(2)  the complaint is without any reasonable basis;  or
(3)  sufficient information in the possession of the department indicates that corrective action has been taken.
(c)  The department shall promptly notify the person making the complaint of the department's proposed course of action under Subsection (b) and the reasons for that action.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 N. Administration of Medication › Section 242.601. Medication Administration

Sec. 242.601.  MEDICATION ADMINISTRATION.  (a)  An institution must establish medication administration procedures.
(b)  The medication administration procedures must comply with this subchapter and the rules adopted under Section 242.608.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.61, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0655, 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 N. Administration of Medication › Section 242.602. Pharmacist Services

Sec. 242.602.  PHARMACIST SERVICES.  (a)  An institution shall:
(1)  employ a licensed pharmacist responsible for operating the institution's pharmacy;  or
(2)  contract, in writing, with a licensed pharmacist to advise the institution on ordering, storage, administration, and disposal of medications and biologicals and related recordkeeping.
(b)  The institution shall allow residents to choose their pharmacy provider from any pharmacy that is qualified to perform the services.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 N. Administration of Medication › Section 242.603. Storage and Disposal of Medications

Sec. 242.603.  STORAGE AND DISPOSAL OF MEDICATIONS.  (a)  An institution shall store medications under appropriate conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security.
(b)  The institution shall properly dispose of:
(1)  any medication that is discontinued or outdated, except as provided by Subsection (c);  and
(2)  any medication in a container with a worn or illegible label or missing a label.
(c)  A discontinued medication that has not been destroyed must be reinstated if reordered.
(d)  An institution shall release the medications of a resident who is transferred directly to another institution or who is discharged to home to the new institution or to the resident or resident's next of kin or guardian, as appropriate.  The institution may release a medication to a resident only on the written or verbal authorization of the attending physician.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.62, eff. Sept. 1, 2003.
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 N. Administration of Medication › Section 242.604. Reports of Medication Errors and Adverse Reactions

Sec. 242.604.  REPORTS OF MEDICATION ERRORS AND ADVERSE REACTIONS.  An institution's nursing staff must report medication errors and adverse reactions to the resident's physician in a timely manner, as warranted by an assessment of the resident's condition, and record the errors and reactions in the resident's clinical record.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 N. Administration of Medication › Section 242.605. Medication Reference Sources

Sec. 242.605.  MEDICATION REFERENCE SOURCES.  An institution shall maintain updated medication reference texts or sources.  If the institution has a resident younger than 18 years of age, these texts or sources must include information on pediatric medications, dosages, sites, routes, techniques of administration of medications, desired effects, and possible side effects.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 N. Administration of Medication › Section 242.606. Permits to Administer Medication

Sec. 242.606.  PERMITS TO ADMINISTER MEDICATION.  A person may not administer medication to a resident unless the person:
(1)  holds a license under state law that authorizes the person to administer medication;  or
(2)  holds a permit issued under Section 242.610 and acts under the authority of a person who holds a license under state law that authorizes the person to administer medication.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.151 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 N. Administration of Medication › Section 242.607. Exemptions for Nursing Students and Medication Aide Trainees

Sec. 242.607.  EXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES.  (a)  Sections 242.606 and 242.614 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 this subchapter 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. 1, eff. June 19, 1990.  Redesignated from Health and Safety Code Sec. 242.1511 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 553, Sec. 2.011, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 69, eff. September 1, 2007.
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 N. Administration of Medication › Section 242.608. Rules for Administration of Medication

Sec. 242.608.  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 administer medication to a resident;
(2)  curricula to train persons to administer medication to a resident;
(3)  minimum standards for the approval of programs to train persons to administer medication to a resident and for rescinding approval; and
(4)  the acts and practices that are allowed or prohibited to a permit holder.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.152 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0656, 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 N. Administration of Medication › Section 242.609. Training Programs to Administer Medication

Sec. 242.609.  TRAINING PROGRAMS TO ADMINISTER MEDICATION.  (a)  An application for the approval of a training program must be made to the department on a form and under rules prescribed by the executive commissioner.
(b)  The department shall approve a training program that meets the minimum standards adopted under Section 242.608.  The department may review the approval annually.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.153 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0657, 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 N. Administration of Medication › Section 242.6101. Results of Examination for Issuance of Permit

Sec. 242.6101.   RESULTS OF EXAMINATION FOR ISSUANCE OF PERMIT.  (a)  Not later than the 30th day after the date a person takes an examination for the issuance of a permit under this subchapter, the department shall notify the person of the results of the examination.
(b)  If the examination is graded or reviewed by a testing service:
(1)  the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service;  and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day.
(c)  The department may require a testing service to notify a person of the results of the person's examination.
(d)  If requested in writing by a person who fails an examination for the issuance of a permit administered under this subchapter, the department shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 2003, 78th Leg., ch. 1169, Sec. 16, eff. Sept. 1, 2003.
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 N. Administration of Medication › Section 242.611. Fees for Issuance and Renewal of Permit to Administer Medication

Sec. 242.611.  FEES FOR ISSUANCE AND RENEWAL OF PERMIT TO ADMINISTER MEDICATION.  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.  Except as otherwise provided by Section 242.610, the fees may not exceed:
(1)  $25 for a combined permit application and examination fee; and
(2)  $15 for a renewal permit application fee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.155 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1169, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0659, 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 N. Administration of Medication › Section 242.6111. Applicability of Other Law

Sec. 242.6111.  APPLICABILITY OF OTHER LAW. Chapter 53, Occupations Code, does not apply to the issuance or renewal of a permit to administer medication under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1136 (S.B. 681), Sec. 3, 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 N. Administration of Medication › Section 242.612. Violation of Permits to Administer Medication

Sec. 242.612.  VIOLATION OF PERMITS TO ADMINISTER MEDICATION.  (a)  The department shall revoke, suspend, or refuse to renew a permit or shall reprimand a permit holder for a violation of this subchapter or a rule adopted under this subchapter.  In addition, the department may suspend a permit in an emergency or rescind training program approval.
(b)  Except as provided by Section 242.613, 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.
(c)  The department may place on probation a person whose permit is suspended.  If a permit suspension is probated, the department may require the person:
(1)  to report regularly to the department on matters that are the basis of the probation;
(2)  to limit practice to the areas prescribed by the department; or
(3)  to continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.156 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1169, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0660, 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 N. Administration of Medication › Section 242.613. Emergency Suspension of Permits to Administer Medication

Sec. 242.613.  EMERGENCY SUSPENSION OF PERMITS TO ADMINISTER MEDICATION.  (a)  The department shall issue an order to suspend a permit issued under this subchapter 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, an administrative law judge of the State Office of Administrative Hearings 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.157 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0661, 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 N. Administration of Medication › Section 242.614. Administration of Medication; Criminal Penalty

Sec. 242.614.  ADMINISTRATION OF MEDICATION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly administers medication to a resident and the person:
(1)  does not hold a license under state law that authorizes the person to administer medication;  or
(2)  does not hold a permit issued by the department under this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from V.T.C.A, Health and Safety Code Sec. 242.158 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, 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 R. Electronic Monitoring of Resident's Room › Section 242.841. Definitions

Sec. 242.841.  DEFINITIONS.  In this subchapter:
(1)  "Authorized electronic monitoring" means the placement of an electronic monitoring device in the room of a resident of an institution and making tapes or recordings with the device after making a request to the institution to allow electronic monitoring.
(2)  "Electronic monitoring device":
(A)  includes:
(i)  video surveillance cameras installed in the room of a resident; and
(ii)  audio devices installed in the room of a resident designed to acquire communications or other sounds occurring in the room; and
(B)  does not include an interception device that is specifically used for the nonconsensual interception of wire or electronic communications.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.12, eff. January 1, 2019.
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 R. Electronic Monitoring of Resident's Room › Section 242.842. Criminal and Civil Liability

Sec. 242.842.  CRIMINAL AND CIVIL LIABILITY.  (a)  It is a defense to prosecution under Section 16.02, Penal Code, or any other statute of this state under which it is an offense to intercept a communication or disclose or use an intercepted communication, that the communication was intercepted by an electronic monitoring device placed in the room of a resident of an institution.
(b)  This subchapter does not affect whether a person may be held to be civilly liable under other law in connection with placing an electronic monitoring device in the room of a resident of an institution or in connection with using or disclosing a tape or recording made by the device except:
(1)  as specifically provided by this subchapter;  or
(2)  to the extent that liability is affected by:
(A)  a consent or waiver signed under this subchapter;  or
(B)  the fact that authorized electronic monitoring is required to be conducted with notice to persons who enter a resident's room.
(c)  A communication or other sound acquired by an audio electronic monitoring device installed under the provisions of this subchapter concerning authorized electronic monitoring is not considered to be:
(1)  an oral communication as defined by Article 18A.001, Code of Criminal Procedure; or
(2)  a communication as defined by Section 123.001, Civil Practice and Remedies Code.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.13, eff. January 1, 2019.
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 R. Electronic Monitoring of Resident's Room › Section 242.843. Covert Use of Electronic Monitoring Device; Liability of Department or Institution

Sec. 242.843.  COVERT USE OF ELECTRONIC MONITORING DEVICE;  LIABILITY OF DEPARTMENT OR INSTITUTION.  (a)  For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be covert if:
(1)  the placement and use of the device is not open and obvious;  and
(2)  the institution and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
(b)  The department and the institution may not be held to be civilly liable in connection with the covert placement or use of an electronic monitoring device in the room of a resident.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
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 R. Electronic Monitoring of Resident's Room › Section 242.844. Required Form on Admission

Sec. 242.844.  REQUIRED FORM ON ADMISSION.  The executive commissioner by rule shall prescribe a form that must be completed and signed on a resident's admission to an institution by or on behalf of the resident.  The form must state:
(1)  that a person who places an electronic monitoring device in the room of a resident or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another;
(2)  that a person who covertly places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the covert placement of the device in the room of a resident has waived any privacy right the person may have had in connection with images or sounds that may be acquired by the device;
(3)  that a resident or the resident's guardian or legal representative is entitled to conduct authorized electronic monitoring under Subchapter R, Chapter 242, Health and Safety Code, and that if the institution refuses to permit the electronic monitoring or fails to make reasonable physical accommodations for the authorized electronic monitoring that the person should contact the Department of Aging and Disability Services;
(4)  the basic procedures that must be followed to request authorized electronic monitoring;
(5)  the manner in which this chapter affects the legal requirement to report abuse or neglect when electronic monitoring is being conducted; and
(6)  any other information regarding covert or authorized electronic monitoring that the executive commissioner considers advisable to include on the form.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0662, 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 R. Electronic Monitoring of Resident's Room › Section 242.845. Authorized Electronic Monitoring: Who May Request

Sec. 242.845.  AUTHORIZED ELECTRONIC MONITORING:  WHO MAY REQUEST.  (a)  If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under this subchapter, notwithstanding the terms of any durable power of attorney or similar instrument.
(b)  If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under this subchapter.
(c)  If a resident does not have capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under this subchapter.  The executive commissioner by rule shall prescribe:
(1)  guidelines that will assist institutions, family members of residents, advocates for residents, and other interested persons to determine when a resident lacks the required capacity; and
(2)  who may be considered to be a resident's legal representative for purposes of this subchapter, including:
(A)  persons who may be considered the legal representative under the terms of an instrument executed by the resident when the resident had capacity; and
(B)  persons who may become the legal representative for the limited purpose of this subchapter under a procedure prescribed by the executive commissioner.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0663, eff. April 2, 2015.