reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 225 - Health Planning and Capital Expenditure Review › Section 225.002. Federal Law

Sec. 225.002.  FEDERAL LAW.  A reference in this chapter to federal law is a reference to any pertinent federal authority, including:
(1)  the National Health Planning and Resources Development Act of 1974 (Pub. L. No. 93-641), as amended by the Health Planning and Resources Development Amendments of 1979 (Pub. L. No. 96-79);
(2)  Pub. L. Nos. 79-725, 88-164, 89-749, and 92-603;  and
(3)  the federal rules and regulations adopted under a law specified by Subdivision (1) or (2).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 225 - Health Planning and Capital Expenditure Review › Section 225.003. Governor's Duties Relating to Health Planning

Sec. 225.003.  GOVERNOR'S DUTIES RELATING TO HEALTH PLANNING.  (a)  The governor, as chief executive and planning officer of this state, may perform the duties and functions assigned to the governor by federal law.
(b)  The governor may transfer personnel, equipment, records, obligations, appropriations, functions, and duties of the governor's office to another agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 225 - Health Planning and Capital Expenditure Review › Section 225.004. Capital Expenditure Review Program

Sec. 225.004.  CAPITAL EXPENDITURE REVIEW PROGRAM.  (a)  The governor by executive order may establish a program to comply with federal law to review capital expenditures made by or on behalf of a health care facility if the governor finds that the program is necessary to prevent the loss of federal funds.
(b)  The governor may authorize the program to negotiate an agreement on behalf of the state with the Secretary of Health and Human Services to administer a state capital expenditure review program under Section 1122 of the Social Security Act (42 U.S.C. Section 1320a-1), the federal rules and regulations adopted under that Act, or other pertinent federal authority.
(c)  If necessary, the governor may use any available funds to implement the program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 225 - Health Planning and Capital Expenditure Review › Section 225.005. Executive Order

Sec. 225.005.  EXECUTIVE ORDER.  (a)  An order issued under Section 225.004(a) must contain the governor's findings, including a brief description of the reason for the findings.
(b)  An unrescinded order issued under Section 225.004(a) that has not expired on its own terms expires on September 1 after the next regular legislative session that begins after the date on which the order is issued.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.001. Short Title

Sec. 241.001.  SHORT TITLE.  This chapter may be cited as the Texas Hospital Licensing Law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.002. Purpose

Sec. 241.002.  PURPOSE.  The purpose of this chapter is to protect and promote the public health and welfare by providing for the development, establishment, and enforcement of certain standards in the construction, maintenance, and operation of hospitals.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.004. Exemptions

Sec. 241.004.  EXEMPTIONS.  This chapter does not apply to a facility:
(1)  licensed under Chapter 242 or 577;
(2)  maintained or operated by the federal government or an agency of the federal government;  or
(3)  maintained or operated by this state or an agency of this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 76, Sec. 16, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.005. Employment of Personnel

Sec. 241.005.  EMPLOYMENT OF PERSONNEL.  The department may employ stenographers, inspectors, and other necessary assistants in carrying out the provisions of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.006. Coordination of Signage Requirements Imposed by State Agencies

Sec. 241.006.  COORDINATION OF SIGNAGE REQUIREMENTS IMPOSED BY STATE AGENCIES.  (a)  The department is authorized to review current and proposed state rules, including department rules and rules of other state agencies, that mandate that a hospital place or post a notice, poster, or sign in a conspicuous place or in an area of high public traffic, concerning the rights of patients or others or the responsibilities of the hospital, which is directed at patients, patients' families, or others.  The purpose of this review shall be to coordinate the placement, format, and language contained in the required notices in order to:
(1)  eliminate the duplication of information;
(2)  reduce the potential for confusion to patients, patients' families, and others; and
(3)  reduce the administrative burden of compliance on hospitals.
(b)  Notwithstanding any other law, this section applies to all notices, posters, or signs described in Subsection (a).
Added by Acts 1995, 74th Leg., ch. 965, Sec. 3, eff. June 16, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0568, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.007. Compliance With Certain Requirements Regarding Sonogram Before Abortion

Sec. 241.007.  COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION.  A hospital shall comply with Subchapter B, Chapter 171.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.008. Induced Deliveries or Cesarean Sections Before 39th Week

Sec. 241.008.  INDUCED DELIVERIES OR CESAREAN SECTIONS BEFORE 39TH WEEK.  A hospital that provides obstetrical services shall collaborate with physicians providing services at the hospital to develop quality initiatives to reduce the number of elective or nonmedically indicated induced deliveries or cesarean sections performed at the hospital on a woman before the 39th week of gestation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 299 (H.B. 1983), Sec. 2, eff. September 1, 2011.
Redesignated from Health and Safety Code, Section 241.007 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(25), eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.009. Photo Identification Badge Required

Sec. 241.009.  PHOTO IDENTIFICATION BADGE REQUIRED.  (a)  In this section, "health care provider" means a person who provides health care services at a hospital as a physician, as an employee of the hospital, under a contract with the hospital, or in the course of a training or educational program at the hospital.
(b)  A hospital licensed under this chapter shall adopt a policy requiring a health care provider providing direct patient care at the hospital to wear a photo identification badge during all patient encounters, unless precluded by adopted isolation or sterilization protocols.  The badge must be of sufficient size and worn in a manner to be visible and must clearly state:
(1)  at minimum the provider's first or last name;
(2)  the department of the hospital with which the provider is associated;
(3)  the type of license held by the provider, if the provider holds a license under Title 3, Occupations Code; and
(4)  if applicable, the provider's status as a student, intern, trainee, or resident.
(c)  For purposes of Subsection (b)(3), the identification badge of a health care provider licensed under Title 3, Occupations Code, must clearly state:
(1)  "physician," if the provider holds a license under Subtitle B of that title;
(2)  "chiropractor," "podiatrist," "midwife," "physician assistant," "acupuncturist," or "surgical assistant," as applicable, if the provider holds a license under Subtitle C of that title;
(3)  "dentist" or "dental hygienist," as applicable, if the provider holds a license under Subtitle D of that title;
(4)  "licensed vocational nurse," "registered nurse," "nurse practitioner," "nurse midwife," "nurse anesthetist," or "clinical nurse specialist," as applicable, if the provider holds a license under Subtitle E of that title;
(5)  "optometrist," or "therapeutic optometrist," as applicable, if the provider holds a license under Subtitle F of that title;
(6)  "speech-language pathologist" or "audiologist," as applicable, if the provider holds a license under Subtitle G of that title;
(7)  "physical therapist," "occupational therapist," or "massage therapist," as applicable, if the provider holds a license under Subtitle H of that title;
(8)  "medical radiologic technologist," "medical physicist," "perfusionist," "respiratory care practitioner," "orthotist," or "prosthetist," as applicable, if the provider holds a license or certificate, as appropriate, under Subtitle K of that title; and
(9)  "dietitian," if the provider holds a license under Subtitle M of that title.
Added by Acts 2013, 83rd Leg., R.S., Ch. 108 (S.B. 945), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0569, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 60 (S.B. 1753), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.010. Disposition of Fetal Remains

Sec. 241.010.  DISPOSITION OF FETAL REMAINS.  (a)  A hospital shall release the remains of an unintended, intrauterine fetal death on the request of a parent of the unborn child, in a manner appropriate under law and the hospital's policy for disposition of a human body.
(b)  Notwithstanding Subsection (a), if the remains of an unintended, intrauterine fetal death weigh less than 350 grams, a hospital shall release the remains on the request of a parent of the unborn child, in a manner that is appropriate under law and consistent with hospital policy.
Added by Acts 2015, 84th Leg., R.S., Ch. 342 (H.B. 635), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter A. General Provisions › Section 241.011. Human Trafficking Signs Required

Sec. 241.011.  HUMAN TRAFFICKING SIGNS REQUIRED.  An emergency department of a hospital shall display separate signs, in English and Spanish, that comply with Section 245.025 as if the hospital is an abortion facility.
Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.021. License Required

Sec. 241.021.  LICENSE REQUIRED.  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a hospital in this state without a license issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.022. License Application

Sec. 241.022.  LICENSE APPLICATION.  (a)  An application for a license must be made to the department on a form provided by the department.
(b)  The application must contain:
(1)  the name and social security number of the sole proprietor, if the applicant is a sole proprietor;
(2)  the name and social security number of each general partner who is an individual, if the applicant is a partnership;
(3)  the name and social security number of any individual who has an ownership interest of more than 25 percent in the corporation, if the applicant is a corporation;  and
(4)  any other information that the department may reasonably require.
(c)  The department shall require that each hospital show evidence that:
(1)  at least one physician is on the medical staff of the hospital, including evidence that the physician is currently licensed;
(2)  the governing body of the hospital has adopted and implemented a patient transfer policy in accordance with Section 241.027;  and
(3)  if the governing body has chosen to implement patient transfer agreements, it has implemented the agreements in accordance with Section 241.028.
(d)  The application must be accompanied by:
(1)  a copy of the hospital's current patient transfer policy;
(2)  a nonrefundable license fee;
(3)  copies of the hospital's patient transfer agreements, unless the filing of copies has been waived by the department in accordance with the rules adopted under this chapter; and
(4)  a copy of the most recent annual fire safety inspection report from the fire marshal in whose jurisdiction the hospital is located.
(e)  The department may require that the application be approved by the local health authority or other local official for compliance with municipal ordinances on building construction, fire prevention, and sanitation.  A hospital located outside the limits of a municipality shall comply with corresponding state laws.
(f)  The department shall post on the department's Internet website a list of all of the individuals named in applications as required by Subsections (b)(1)-(3).  The department may not post on its Internet website a social security number of an individual required to be named in an application under Subsections (b)(1)-(3).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 82, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1161 (H.B. 3357), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0570, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.025. License Fees

Sec. 241.025.  LICENSE FEES.  (a)  The department shall charge each hospital a license fee for an initial license or a license renewal.
(b)  The executive commissioner by rule shall adopt the fees authorized by Subsection (a) in amounts as prescribed by Section 12.0111 and according to a schedule under which the number of beds in the hospital determines the amount of the fee.   A minimum license fee may be established.
(c)  A fee adopted under this chapter must be based on the estimated cost to and level of effort expended by the department to conduct the activity for which the fee is imposed.
(d)  All license fees collected shall be deposited in the state treasury to the credit of the department to administer and enforce this chapter.
(e)  Notwithstanding Subsection (d), to the extent that money received from the fees collected under this chapter exceeds the costs to the department to conduct the activity for which the fee is imposed, the department may use the money to administer Chapter 324 and similar laws that require the department to provide information related to hospital care to the public.  The executive commissioner may not consider the costs of administering Chapter 324 or similar laws in adopting a fee imposed under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 584, Sec. 3, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1411, Sec. 2.02, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 4, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0572, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.026. Rules and Minimum Standards

Sec. 241.026.  RULES AND MINIMUM STANDARDS.  (a)  The executive commissioner shall adopt rules and the department shall enforce the rules to further the purposes of this chapter.  The rules at a minimum shall address:
(1)  minimum requirements for staffing by physicians and nurses;
(2)  hospital services relating to patient care;
(3)  fire prevention, safety, and sanitation requirements in hospitals;
(4)  patient care and a patient bill of rights;
(5)  compliance with other state and federal laws affecting the health, safety, and rights of hospital patients; and
(6)  compliance with nursing peer review under Subchapter I, Chapter 301, and Chapter 303, Occupations Code, and the rules of the Texas Board of Nursing relating to peer review.
(b)  In adopting rules, the executive commissioner shall consider the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.) and the standards of The Joint Commission and will attempt to achieve consistency with those conditions and standards.
(c)  The department by order may waive or modify the requirement of a particular provision of this chapter or minimum standard adopted by department rule under this section to a particular general or special hospital if the department determines that the waiver or modification will facilitate the creation or operation of the hospital and that the waiver or modification is in the best interests of the individuals served or to be served by the hospital.
(d)  The executive commissioner shall adopt rules establishing procedures and criteria for the issuance of the waiver or modification order.  The criteria must include at a minimum a statement of the appropriateness of the waiver or modification against the best interests of the individuals served by the hospital.
(e)  If the department orders a waiver or modification of a provision or standard, the licensing record of the hospital granted the waiver or modification shall contain documentation to support the action.  Department rules shall specify the type and specificity of the supporting documentation that must be included.
(f)  A comprehensive medical rehabilitation hospital or a pediatric and adolescent hospital shall have an emergency treatment room but is not required to have an emergency department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 350, Sec. 1, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 4, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 43, Sec. 2, eff. May 7, 1997;  Acts 1997, 75th Leg., ch. 617, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 623, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.786, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 68, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0573, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.0262. Circulating Duties for Surgical Services

Sec. 241.0262.  CIRCULATING DUTIES FOR SURGICAL SERVICES.  Circulating duties in the operating room must be performed by qualified registered nurses.  In accordance with approved medical staff policies and procedures, licensed vocational nurses and surgical technologists may assist in circulatory duties under the direct supervision of a qualified registered nurse circulator.
Added by Acts 2005, 79th Leg., Ch. 966 (H.B. 1718), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.0263. Recommendations Relating to Missing Infants

Sec. 241.0263.  RECOMMENDATIONS RELATING TO MISSING INFANTS.  (a)  The department shall recommend hospital security procedures to:
(1)  reduce the likelihood of infant patient abduction;  and
(2)  aid in the identification of missing infants.
(b)  In making recommendations, the department shall consider hospital size and location and the number of births at a hospital.
(c)  The procedures recommended by the department under Subsection (a)(1) may include:
(1)  controlling access to newborn nurseries;
(2)  expanding observation of newborn nurseries through the use of video cameras;  and
(3)  requiring identification for hospital staff and visitors as a condition of entrance to newborn nurseries.
(d)  The procedures recommended by the department under Subsection (a)(2) may include:
(1)  footprinting, photographing, or writing descriptions of infant patients at birth;  and
(2)  obtaining umbilical cord blood samples for infant patients born at the hospital and storing the samples for genetic testing purposes.
(e)  Each hospital licensed under this chapter shall consider implementing the procedures recommended under this section.
Added by Acts 1997, 75th Leg., ch. 314, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.0265. Standards for Care for Mental Health and Chemical Dependency

Sec. 241.0265.  STANDARDS FOR CARE FOR MENTAL HEALTH AND CHEMICAL DEPENDENCY.  (a)  The care and treatment of a patient receiving mental health services in a facility licensed by the department under this chapter or Chapter 577 are governed by the applicable department standards adopted under this chapter or Chapter 577.
(b)  The care and treatment of a patient receiving chemical dependency treatment in a facility licensed by the department under this chapter are governed by the same standards that govern the care and treatment of a patient receiving treatment in a treatment facility licensed under Chapter 464, to the same extent as if the standards were rules adopted under this chapter.
(c)  The department shall enforce the standards provided by Subsections (a) and (b).  A violation of a standard is subject to the same consequence as a violation of a rule adopted under this chapter or Chapter 577.  The department is not required to enforce a standard if the enforcement violates a federal law, rule, or regulation.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 3.02, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0574, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.028. Transfer Agreements

Sec. 241.028.  TRANSFER AGREEMENTS.  (a)  If hospitals execute a transfer agreement that is consistent with the requirements of this section, all patient transfers between the hospitals are governed by the agreement.
(b)  The hospitals shall submit the agreement to the department for review for compliance with the requirements of this section.  The department shall complete the review of the agreement within 30 days after the date the agreement is submitted by the hospitals.
(c)  At a minimum, a transfer agreement must provide that:
(1)  transfers be accomplished in a medically appropriate manner and comply with Sections 241.027(b)(2) through (5) and Section 241.027(c);
(2)  the transfer or receipt of patients in need of emergency care not be based on the individual's inability to pay for the services rendered by the transferring or receiving hospital;
(3)  multiple transfer agreements be entered into by a hospital based on the type or level of medical services available at other hospitals;
(4)  the hospitals recognize the right of an individual to request transfer to the care of a physician and hospital of the individual's choice;
(5)  the hospitals recognize and comply with the requirements of Chapter 61 (Indigent Health Care and Treatment Act) relating to the transfer of patients to mandated providers;  and
(6)  consideration be given to availability of appropriate facilities, services, and staff for providing care to the patient.
(d)  If a hospital transfers a patient in violation of Subsection (c)(1), (2), (4), (5), or (6), relating to required provisions for a transfer agreement, the violation is a violation of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 84, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter B. Hospital Licenses › Section 241.029. Policies and Procedures Relating to Workplace Safety

Sec. 241.029.  POLICIES AND PROCEDURES RELATING TO WORKPLACE SAFETY.  (a)  The governing body of a hospital shall adopt policies and procedures related to the work environment for nurses to:
(1)  improve workplace safety and reduce the risk of injury, occupational illness, and violence;  and
(2)  increase the use of ergonomic principles and ergonomically designed devices to reduce injury and fatigue.
(b)  The policies and procedures adopted under Subsection (a), at a minimum, must include:
(1)  evaluating new products and technology that incorporate ergonomic principles;
(2)  educating nurses in the application of ergonomic practices;
(3)  conducting workplace audits to identify areas of risk of injury, occupational illness, or violence and recommending ways to reduce those risks;
(4)  controlling access to those areas identified as having a high risk of violence;  and
(5)  promptly reporting crimes committed against nurses to appropriate law enforcement agencies.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 13, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.052. Compliance With Rules and Standards

Sec. 241.052.  COMPLIANCE WITH RULES AND STANDARDS.  (a)  A hospital that is in operation when an applicable rule or minimum standard is adopted under this chapter must be given a reasonable period within which to comply with the rule or standard.
(b)  The period for compliance may not exceed six months, except that the department may extend the period beyond six months if the hospital sufficiently shows the department that it requires additional time to complete compliance with the rule or standard.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.0531. Commissioner's Emergency Orders

Sec. 241.0531.  COMMISSIONER'S EMERGENCY ORDERS.  (a)  Following notice to the hospital and opportunity for hearing, the commissioner or a person designated by the commissioner may issue an emergency order, either mandatory or prohibitory in nature, in relation to the operation of a hospital licensed under this chapter if the commissioner or the commissioner's designee determines that the hospital is violating or threatening to violate this chapter, a rule adopted pursuant to this chapter, a special license provision, injunctive relief issued pursuant to Section 241.054, an order of the commissioner or the commissioner's designee, or another enforcement procedure permitted under this chapter and the provision, rule, license provision, injunctive relief, order, or enforcement procedure relates to the health or safety of the hospital's patients.
(b)  The department shall send written notice of the hearing and shall include within the notice the time and place of the hearing.  The hearing must be held within 10 days after the date of the hospital's receipt of the notice.
(c)  The hearing shall not be governed by the contested case provisions of Chapter 2001, Government Code, but shall instead be held in accordance with the department's informal hearing rules.
(d)  The order shall be effective on delivery to the hospital or at a later date specified in the order.
Added by Acts 1993, 73rd Leg., ch. 584, Sec. 10, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(51), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0578, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.054. Violations; Injunctions

Sec. 241.054.  VIOLATIONS;  INJUNCTIONS.  (a)  The department shall:
(1)  notify a hospital of a finding by the department that the hospital is violating or has violated this chapter or a rule or standard adopted under this chapter;  and
(2)  provide the hospital an opportunity to correct the violation.
(b)  After the notice and opportunity to comply, the commissioner may request the attorney general or the appropriate district or county attorney to institute and conduct a suit for a violation of this chapter or a rule adopted under this chapter.
(c)  The department may petition a district court for a temporary restraining order to restrain a continuing violation if the department finds that the violation creates an immediate threat to the health and safety of the patients of a hospital.
(d)  On his own initiative, the attorney general, a district attorney, or a county attorney may maintain an action in the name of the state for a violation of this chapter or a rule adopted under this chapter.
(e)  The district court shall assess the civil penalty authorized by Section 241.055, grant injunctive relief, or both, as warranted by the facts.  The injunctive relief may include any prohibitory or mandatory injunction warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.
(f)  The department and the party bringing the suit may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.
(g)  Venue may be maintained in Travis County or in the county in which the violation occurred.
(h)  Not later than the seventh day before the date on which the attorney general intends to bring suit on his own initiative, the attorney general shall provide to the department notice of the suit.  The attorney general is not required to provide notice of a suit if the attorney general determines that waiting to bring suit until the notice is provided will create an immediate threat to the health and safety of a patient.  This section does not create a requirement that the attorney general obtain the permission of a referral from the department before filing suit.
(i)  The injunctive relief and civil penalty authorized by this section and Section 241.055 are in addition to any other civil, administrative, or criminal penalty provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 3.02, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0579, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.055. Civil Penalty

Sec. 241.055.  CIVIL PENALTY.  (a)  A hospital shall timely adopt, implement, and enforce a patient transfer policy in accordance with Section 241.027.  A hospital may implement patient transfer agreements in accordance with Section 241.028.
(b)  A hospital that violates Subsection (a), another provision of this chapter, or a rule adopted or enforced under this chapter is liable for a civil penalty of not more than $1,000 for each day of violation and for each act of violation.  A hospital that violates this chapter or a rule or order adopted under this chapter relating to the provision of mental health, chemical dependency, or rehabilitation services is liable for a civil penalty of not more than $25,000 for each day of violation and for each act of violation.
(c)  In determining the amount of the penalty, the district court shall consider:
(1)  the hospital's previous violations;
(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(3)  whether the health and safety of the public was threatened by the violation;
(4)  the demonstrated good faith of the hospital;  and
(5)  the amount necessary to deter future violations.
(d)  A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund.  A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 86, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 11, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 705, Sec. 3.03, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.0555. Additional Requirements: Potentially Preventable Adverse Events

Sec. 241.0555.  ADDITIONAL REQUIREMENTS: POTENTIALLY PREVENTABLE ADVERSE EVENTS.  (a)  If the department finds that a hospital has committed a violation that resulted in a potentially preventable adverse event reportable under Chapter 98, the department shall require the hospital to develop and implement a plan for approval by the department to address the deficiencies that may have contributed to the preventable adverse event.
(b)  The department may require the plan under this section to include:
(1)  staff training and education;
(2)  supervision requirements for certain staff;
(3)  increased staffing requirements;
(4)  increased reporting to the department; and
(5)  a review and amendment of hospital policies relating to patient safety.
(c)  The department shall carefully and frequently monitor the hospital's adherence to the plan under this section and enforce compliance.
Added by Acts 2015, 84th Leg., R.S., Ch. 183 (S.B. 373), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.056. Suit by Person Harmed

Sec. 241.056.  SUIT BY PERSON HARMED.  (a)  A person who is harmed by a violation under Section 241.028 or 241.055 may petition a district court for appropriate injunctive relief.
(b)  Venue for a suit brought under this section is in the county in which the person resides or, if the person is not a resident of this state, in Travis County.
(c)  The person may also pursue remedies for civil damages under common law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 87, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 12, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.057. Criminal Penalty

Sec. 241.057.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person establishes, conducts, manages, or operates a hospital without a license.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $100 for the first offense and not more than $200 for each subsequent offense.
(c)  Each day of a continuing violation constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.058. Minor Violations

Sec. 241.058.  MINOR VIOLATIONS.  (a)  This chapter does not require the commissioner or a designee of the commissioner to report a minor violation for prosecution or the institution of any other enforcement proceeding authorized under this chapter, if the commissioner or designee determines that prosecution or enforcement is not in the best interests of the persons served or to be served by the hospital.
(b)  For the purpose of this section, a "minor violation" means a violation of this chapter, the rules adopted under this chapter, a special license provision, an order or emergency order issued by the commissioner or the commissioner's designee, or another enforcement procedure permitted under this chapter by a hospital that does not constitute a threat to the health, safety, and rights of the hospital's patients or other persons.
Added by Acts 1993, 73rd Leg., ch. 584, Sec. 13, eff. Sept. 1,1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0580, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter C. Enforcement › Section 241.0585. Recovery of Costs

Sec. 241.0585.  RECOVERY OF COSTS.  If the attorney general brings an action to enforce an administrative penalty assessed under Section 241.058 and the court orders the payment of the penalty, the attorney general may recover reasonable expenses incurred in the investigation, initiation, or prosecution of the enforcement suit, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.041, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter E. Staff, Records, and Plan Reviews › Section 241.102. Authorizations and Restrictions in Relation to Physicians and Podiatrists

Sec. 241.102.  AUTHORIZATIONS AND RESTRICTIONS IN RELATION TO PHYSICIANS AND PODIATRISTS.  (a)  This chapter does not authorize a physician or podiatrist to perform medical or podiatric acts that are beyond the scope of the respective license held.
(b)  This chapter does not prevent the governing body of a hospital from providing that:
(1)  a podiatric patient be coadmitted to the hospital by a podiatrist and a physician;
(2)  a physician be responsible for the care of any medical problem or condition of a podiatric patient that may exist at the time of admission or that may arise during hospitalization and that is beyond the scope of the podiatrist's license;  or
(3)  a physician determine the risk and effect of a proposed podiatric surgical procedure on the total health status of the patient.
(c)  An applicant for medical staff membership may not be denied membership solely on the ground that the applicant is a podiatrist rather than a physician.
(d)  This chapter does not automatically entitle a physician or a podiatrist to membership or privileges on a medical staff.
(e)  The governing body of a hospital may not require a member of the medical staff to involuntarily:
(1)  coadmit patients with a podiatrist;
(2)  be responsible for the care of any medical problem or condition of a podiatric patient;  or
(3)  determine the risk and effect of any proposed podiatric procedure on the total health status of the patient.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter E. Staff, Records, and Plan Reviews › Section 241.103. Preservation of Records

Sec. 241.103.  PRESERVATION OF RECORDS.  (a)  A hospital may authorize the disposal of any medical record on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital.
(b)  If a patient was younger than 18 years of age when the patient was last treated, the hospital may authorize the disposal of medical records relating to the patient on or after the date of the patient's 20th birthday or on or after the 10th anniversary of the date on which the patient was last treated, whichever date is later.
(c)  The hospital may not destroy medical records that relate to any matter that is involved in litigation if the hospital knows the litigation has not been finally resolved.
(d)  A hospital shall provide written notice to a patient, or a patient's legally authorized representative as that term is defined by Section 241.151, that the hospital, unless the exception in Subsection (c) applies, may authorize the disposal of medical records relating to the patient on or after the periods specified in this section.  The notice shall be provided to the patient or the patient's legally authorized representative not later than the date on which the patient who is or will be the subject of a medical record is treated, except in an emergency treatment situation.  In an emergency treatment situation, the notice shall be provided to the patient or the patient's legally authorized representative as soon as is reasonably practicable following the emergency treatment situation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 466 (H.B. 118), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter E. Staff, Records, and Plan Reviews › Section 241.1031. Preservation of Record From Forensic Medical Examination

Sec. 241.1031.  PRESERVATION OF RECORD FROM FORENSIC MEDICAL EXAMINATION.  (a)  A hospital may not destroy a medical record from the forensic medical examination of a sexual assault victim conducted under Subchapter G, Chapter 56A, Code of Criminal Procedure, until the 20th anniversary of the date the record was created.
(b)  A hospital may maintain a medical record described by Subsection (a) in the same form in which the hospital maintains other medical records.
Added by Acts 2019, 86th Leg., R.S., Ch. 357 (H.B. 531), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.003, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter E. Staff, Records, and Plan Reviews › Section 241.104. Hospital Plan Reviews

Sec. 241.104.  HOSPITAL PLAN REVIEWS.  (a)  The executive commissioner by rule shall adopt fees for hospital plan reviews according to a schedule based on the estimated construction costs.
(b)  The fee schedule may not exceed the following:
Cost of ConstructionFee(1)  $ 100,000 or less $ 500(2)  $ 100,001 - $ 600,000$1,500(3)  $ 600,001 - $ 2,000,000$3,000(4)  $ 2,000,001 - $ 5,000,000$4,500(5)  $ 5,000,001 - $10,000,000$6,000(6)  $ 10,000,001 and over$7,500
(c)  The department shall charge a fee for field surveys of construction plans reviewed under this section.  The executive commissioner by rule shall adopt a fee schedule for the surveys that provides a minimum fee of $500 and a maximum fee of $1,000 for each survey conducted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 584, Sec. 15, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1411, Sec. 2.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0584, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter F. Medical Rehabilitation Services › Section 241.121. Definition

Sec. 241.121.  DEFINITION.  In this subchapter, "comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive disabilities, maximize a person's functional ability, or restore a person's lost functional capacity through close coordination of services, communication, interaction, and integration among several professions that share the responsibility to achieve team treatment goals for the person.
Added by Acts 1993, 73rd Leg., ch. 707, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter F. Medical Rehabilitation Services › Section 241.122. License Required

Sec. 241.122.  LICENSE REQUIRED.  Unless a person has a license issued under this chapter, a person other than an individual may not provide inpatient comprehensive medical rehabilitation to a patient who requires medical services that are provided under the supervision of a physician and that are more intensive than nursing facility care and minor treatment.
Added by Acts 1993, 73rd Leg., ch. 707, Sec. 1, eff. Sept. 1, 1993.