reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter E. Enforcement and Penalties › Section 254.203. Injunction

Sec. 254.203.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter or of Section 254.158 if the department finds that the violation creates an immediate threat to the health and safety of the patients of a facility or of the public.
(b)  A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter or is violating Section 254.158, may by injunction:
(1)  prohibit a person from continuing the violation;
(2)  restrain or prevent the establishment or operation of a facility without a license issued under this chapter; or
(3)  grant any other injunctive relief warranted by the facts.
(c)  The attorney general shall institute and conduct a suit authorized by this section at the request of the department.
(d)  Venue for a suit brought under this section is in the county in which the facility is located or in Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. March 1, 2010.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1062 (H.B. 1112), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 7, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.004(b), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter E. Enforcement and Penalties › Section 254.204. Criminal Penalty

Sec. 254.204.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 254.051.
(b)  An offense under this section is a Class C misdemeanor.
(c)  Each day of a continuing violation constitutes a separate offense.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2010.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter E. Enforcement and Penalties › Section 254.207. Enforcement

Sec. 254.207.  ENFORCEMENT.  Notwithstanding any conflicting provision in this subchapter and except for good cause shown, the Health and Human Services Commission shall impose the following on a person licensed under this chapter who violates Section 254.160 or a rule adopted under that section:
(1)  for the first violation, an administrative penalty in an amount equal to $10,000;
(2)  for the second violation:
(A)  an administrative penalty in an amount equal to $50,000; and
(B)  a suspension of the person's license for 30 days; and
(3)  for the third violation, a permanent revocation of the person's license.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams › Section 255.001. Definitions

Sec. 255.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of Aging and Disability Services.
(2)  "Long-term care facility" means a nursing institution, an assisted living facility, or an ICF-IID licensed under Chapter 242, 247, or 252, or certified under Chapter 32, Human Resources Code.
(3)  "Quality-of-care monitor" means a registered nurse, pharmacist, or nutritionist who:
(A)  is employed by the department;
(B)  is trained and experienced in long-term care facility regulation, standards of practice in long-term care, and evaluation of patient care;  and
(C)  functions independently of other divisions of the department.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 837 (S.B. 874), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0817, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams › Section 255.002. Early Warning System

Sec. 255.002.  EARLY WARNING SYSTEM.  The department shall establish an early warning system to detect conditions that could be detrimental to the health, safety, and welfare of residents.  The early warning system shall include analysis of financial and quality-of-care indicators that would predict the need for the department to take action.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams › Section 255.004. Rapid Response Teams

Sec. 255.004.  RAPID RESPONSE TEAMS.  (a)  In this section:
(1)  "Abuse" has the meaning assigned by Section 260A.001.
(2)  "Immediate threat to health and safety" means a situation in which immediate corrective action is necessary because the facility's noncompliance with one or more requirements has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
(3)  "Neglect" has the meaning assigned by Section 260A.001.
(a-1)  The department shall create rapid response teams composed of health care experts that can visit a long-term care facility that:
(1)  is identified as high risk through the department's early warning system; or
(2)  if the long-term care facility is a nursing institution, has committed three violations described by Section 242.061(a-1), within a 24-month period, that constitute an immediate threat to health and safety related to the abuse or neglect of a resident.
(a-2)  A long-term care facility shall cooperate with a rapid response team deployed under this section to improve the quality of care provided at the facility.
(b)  Rapid response teams may visit long-term care facilities that request the department's assistance.  A visit under this subsection may not occur before the 60th day after the date of an exit interview following an annual or follow-up survey or inspection.
(c)  The rapid response teams may not be deployed for the purpose of helping a long-term care facility prepare for a regular inspection or survey conducted under Chapter 242, 247, or 252 or in accordance with Chapter 32, Human Resources Code.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 304), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 255 - Quality Assurance Early Warning System for Long-Term Care Facilities; Rapid Response Teams › Section 255.005. Report

Sec. 255.005.  REPORT.  (a)  The Health and Human Services Commission shall assess and evaluate the effectiveness of the quality assurance early warning system and shall report its findings annually to the governor, the lieutenant governor, and the speaker of the house of representatives.
(b)  The Health and Human Services Commission shall submit the report required under this section with the report required under Section 536.008, Government Code.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 738 (H.B. 3265), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 256 - Safe Patient Handling, Movement, and Discharge Practices › Section 256.001. Definitions

Sec. 256.001.  DEFINITIONS.  In this chapter:
(1)  "Hospital" means a general or special hospital, as defined by Section 241.003, a private mental hospital licensed under Chapter 577, or another hospital that is maintained or operated by the state.
(2)  "Nursing home" means an institution licensed under Chapter 242.
Added by Acts 2005, 79th Leg., Ch. 401 (S.B. 1525), Sec. 1, eff. January 1, 2006.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 256 - Safe Patient Handling, Movement, and Discharge Practices › Section 256.002. Required Safe Patient Handling and Movement Policy

Sec. 256.002.  REQUIRED SAFE PATIENT HANDLING AND MOVEMENT POLICY.  (a)  The governing body of a hospital or the quality assurance committee of a nursing home shall adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient.
(b)  The policy shall establish a process that, at a minimum, includes:
(1)  analysis of the risk of injury to both patients and nurses posed by the patient handling needs of the patient populations served by the hospital or nursing home and the physical environment in which patient handling and movement occurs;
(2)  education of nurses in the identification, assessment, and control of risks of injury to patients and nurses during patient handling;
(3)  evaluation of alternative ways to reduce risks associated with patient handling, including evaluation of equipment and the environment;
(4)  restriction, to the extent feasible with existing equipment and aids, of manual patient handling or movement of all or most of a patient's weight to emergency, life-threatening, or otherwise exceptional circumstances;
(5)  collaboration with and annual report to the nurse staffing committee;
(6)  procedures for nurses to refuse to perform or be involved in patient handling or movement that the nurse believes in good faith will expose a patient or a nurse to an unacceptable risk of injury;
(7)  submission of an annual report to the governing body or the quality assurance committee on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient; and
(8)  in developing architectural plans for constructing or remodeling a hospital or nursing home or a unit of a hospital or nursing home in which patient handling and movement occurs, consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.
Added by Acts 2005, 79th Leg., Ch. 401 (S.B. 1525), Sec. 1, eff. January 1, 2006.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 256 - Safe Patient Handling, Movement, and Discharge Practices › Section 256.003. Prohibited Discharge of Patients to Certain Group-Centered Facilities

Sec. 256.003.  PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN GROUP-CENTERED FACILITIES.  (a)  Subject to Subsection (b), a hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered facility only if the person who operates the group-centered facility holds a license or permit issued in accordance with applicable state law.
(b)  A hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered facility operated by a person who does not hold a license or permit issued in accordance with applicable state law only if:
(1)  no group-centered facility is operated in the county in which the patient is discharged by a person who holds the applicable license or permit; or
(2)  the patient voluntarily elects to reside in the group-centered facility of the unlicensed or unpermitted person.
(c)  A hospital or other health facility is not liable for damages to a patient resulting from the patient's discharge or release to a group home, boarding home facility, or similar group-centered facility under Subsection (b).
(d)  A local health authority may not issue an order authorizing a hospital or health facility to discharge or release a patient to a group-centered facility in a manner that conflicts with this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1045 (S.B. 186), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 257 - Nurse Staffing › Section 257.001. Definitions

Sec. 257.001.  DEFINITIONS.  In this chapter:
(1)  "Committee" means a nurse staffing committee required by this chapter.
(2)  "Department" means the Department of State Health Services.
(3)  "Hospital" means:
(A)  a general hospital or special hospital, as those terms are defined by Section 241.003, including a hospital maintained or operated by this state; or
(B)  a mental hospital licensed under Chapter 577.
(4)  "Patient care unit" means a unit or area of a hospital in which registered nurses provide patient care.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 257 - Nurse Staffing › Section 257.002. Legislative Findings

Sec. 257.002.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that:
(1)  research supports a conclusion that adequate nurse staffing is directly related to positive patient outcomes and nurse satisfaction with the practice environment;
(2)  nurse satisfaction with the practice environment is in large measure determined by providing an adequate level of nurse staffing based on research findings and patient intensity;
(3)  nurse satisfaction and patient safety can be adversely affected when nurses work excessive hours; and
(4)  hospitals and nurses share a mutual interest in patient safety initiatives that create a healthy environment for nurses and appropriate care for patients.
(b)  In order to protect patients, support greater retention of registered nurses, and promote adequate nurse staffing, the legislature intends to establish a mechanism whereby nurses and hospital management shall participate in a joint process regarding decisions about nurse staffing.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 257 - Nurse Staffing › Section 257.003. Nurse Staffing Policy and Plan

Sec. 257.003.  NURSE STAFFING POLICY AND PLAN.  (a)  The governing body of a hospital shall adopt, implement, and enforce a written nurse staffing policy to ensure that an adequate number and skill mix of nurses are available to meet the level of patient care needed.  The policy must include a process for:
(1)  requiring the hospital to give significant consideration to the nurse staffing plan recommended by the hospital's nurse staffing committee and to that committee's evaluation of any existing plan;
(2)  adopting, implementing, and enforcing an official nurse services staffing plan that is based on the needs of each patient care unit and shift and on evidence relating to patient care needs;
(3)  using the official nurse services staffing plan as a component in setting the nurse staffing budget;
(4)  encouraging nurses to provide input to the committee relating to nurse staffing concerns;
(5)  protecting from retaliation nurses who provide input to the committee; and
(6)  ensuring compliance with rules adopted by the executive commissioner of the Health and Human Services Commission relating to nurse staffing.
(b)  The official nurse services staffing plan adopted under Subsection (a) must:
(1)  reflect current standards established by private accreditation organizations, governmental entities, national nursing professional associations, and other health professional organizations;
(2)  set minimum staffing levels for patient care units that are:
(A)  based on multiple nurse and patient considerations; and
(B)  determined by the nursing assessment and in accordance with evidence-based safe nursing standards;
(3)  include a method for adjusting the staffing plan for each patient care unit to provide staffing flexibility to meet patient needs; and
(4)  include a contingency plan when patient care needs unexpectedly exceed direct patient care staff resources.
(c)  The hospital shall:
(1)  use the official nurse services staffing plan:
(A)  as a component in setting the nurse staffing budget; and
(B)  to guide the hospital in assigning nurses hospital-wide; and
(2)  make readily available to nurses on each patient care unit at the beginning of each shift the official nurse services staffing plan levels and current staffing levels for that unit and that shift.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 257 - Nurse Staffing › Section 257.004. Nurse Staffing Committee

Sec. 257.004.  NURSE STAFFING COMMITTEE.  (a)  A hospital shall establish a nurse staffing committee as a standing committee of the hospital.
(b)  The committee shall be composed of members who are representative of the types of nursing services provided in the hospital.
(c)  The chief nursing officer of the hospital is a voting member of the committee.
(d)  At least 60 percent of the members of the committee must be registered nurses who:
(1)  provide direct patient care during at least 50 percent of their work time; and
(2)  are selected by their peers who provide direct patient care during at least 50 percent of their work time.
(e)  The committee shall meet at least quarterly.
(f)  Participation on the committee by a hospital employee as a committee member is part of the employee's work time, and the hospital shall compensate that member for that time accordingly.  The hospital shall relieve a committee member of other work duties during committee meetings.
(g)  The committee shall:
(1)  develop and recommend to the hospital's governing body a nurse staffing plan that meets the requirements of Section 257.003;
(2)  review, assess, and respond to staffing concerns expressed to the committee;
(3)  identify the nurse-sensitive outcome measures the committee will use to evaluate the effectiveness of the official nurse services staffing plan;
(4)  evaluate, at least semiannually, the effectiveness of the official nurse services staffing plan and variations between the plan and the actual staffing; and
(5)  submit to the hospital's governing body, at least semiannually, a report on nurse staffing and patient care outcomes, including the committee's evaluation of the effectiveness of the official nurse services staffing plan and aggregate variations between the staffing plan and actual staffing.
(h)  In evaluating the effectiveness of the official nurse services staffing plan, the committee shall consider patient needs, nursing-sensitive quality indicators, nurse satisfaction measures collected by the hospital, and evidence-based nurse staffing standards.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 257 - Nurse Staffing › Section 257.005. Reporting of Staffing Information to Department

Sec. 257.005.  REPORTING OF STAFFING INFORMATION TO DEPARTMENT.  (a)  A hospital shall annually report to the department on:
(1)  whether the hospital's governing body has adopted a nurse staffing policy as required by Section 257.003;
(2)  whether the hospital has established a nurse staffing committee as required by Section 257.004 that meets the membership requirements of that section;
(3)  whether the nurse staffing committee has evaluated the hospital's official nurse services staffing plan as required by Section 257.004 and has reported the results of the evaluation to the hospital's governing body as provided by that section; and
(4)  the nurse-sensitive outcome measures the committee adopted for use in evaluating the hospital's official nurse services staffing plan.
(b)  Information reported under Subsection (a) is public information.
(c)  To the extent possible, the department shall collect the data required under Subsection (a) as part of a survey required by the department under other law.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 258 - Mandatory Overtime for Nurses Prohibited › Section 258.001. Definitions

Sec. 258.001.  DEFINITIONS.  In this chapter:
(1)  "Hospital" means:
(A)  a general hospital or special hospital, as those terms are defined by Section 241.003, including a hospital maintained or operated by this state; or
(B)  a mental hospital licensed under Chapter 577.
(2)  "Nurse" means a registered nurse or vocational nurse licensed under Chapter 301, Occupations Code.
(3)  "On-call time" means time spent by a nurse who is not working but who is compensated for availability.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 258 - Mandatory Overtime for Nurses Prohibited › Section 258.002. Mandatory Overtime

Sec. 258.002.  MANDATORY OVERTIME.  For purposes of this chapter, "mandatory overtime" means a requirement that a nurse work hours or days that are in addition to the hours or days scheduled, regardless of the length of a scheduled shift or the number of scheduled shifts each week.  In determining whether work is mandatory overtime, prescheduled on-call time or time immediately before or after a scheduled shift necessary to document or communicate patient status to ensure patient safety is not included.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 258 - Mandatory Overtime for Nurses Prohibited › Section 258.003. Prohibition of Mandatory Overtime

Sec. 258.003.  PROHIBITION OF MANDATORY OVERTIME.  (a)  A hospital may not require a nurse to work mandatory overtime, and a nurse may refuse to work mandatory overtime.
(b)  This section does not prohibit a nurse from volunteering to work overtime.
(c)  A hospital may not use on-call time as a substitute for mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 258 - Mandatory Overtime for Nurses Prohibited › Section 258.004. Exceptions

Sec. 258.004.  EXCEPTIONS.  (a)  Section 258.003 does not apply if:
(1)  a health care disaster, such as a natural or other type of disaster that increases the need for health care personnel, unexpectedly affects the county in which the nurse is employed or affects a contiguous county;
(2)  a federal, state, or county declaration of emergency is in effect in the county in which the nurse is employed or is in effect in a contiguous county;
(3)  there is an emergency or unforeseen event of a kind that:
(A)  does not regularly occur;
(B)  increases the need for health care personnel at the hospital to provide safe patient care; and
(C)  could not prudently be anticipated by the hospital; or
(4)  the nurse is actively engaged in an ongoing medical or surgical procedure and the continued presence of the nurse through the completion of the procedure is necessary to ensure the health and safety of the patient.
(b)  If a hospital determines that an exception exists under Subsection (a)(3), the hospital shall, to the extent possible, make a good faith effort to meet the staffing need through voluntary overtime, including calling per diems and agency nurses, assigning floats, or requesting an additional day of work from off-duty employees.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 258 - Mandatory Overtime for Nurses Prohibited › Section 258.005. Retaliation Prohibited

Sec. 258.005.  RETALIATION PROHIBITED.  A hospital may not suspend, terminate, or otherwise discipline or discriminate against a nurse who refuses to work mandatory overtime.
Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 259 - Surgical Technologists at Health Care Facilities › Section 259.001. Definitions

Sec. 259.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of State Health Services.
(2)  "Surgical technologist" means a person who practices surgical technology.
(3)  "Surgical technology" means intraoperative surgical patient care as follows:
(A)  preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;
(B)  preparing the operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique;
(C)  anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology and how they relate to the surgical patient and the patient's surgical procedure;
(D)  as directed in an operating room setting, performing the following tasks at the sterile field:
(i)  passing supplies, equipment, or instruments;
(ii)  sponging or suctioning an operative site;
(iii)  preparing and cutting suture material;
(iv)  transferring and pouring irrigation fluids;
(v)  transferring but not administering drugs within the sterile field;
(vi)  handling specimens;
(vii)  holding retractors and other instruments;
(viii)  applying electrocautery to clamps on bleeders;
(ix)  connecting drains to suction apparatus;
(x)  applying dressings to closed wounds; and
(xi)  assisting in counting sponges, needles, supplies, and instruments with the registered nurse circulator;
(E)  cleaning and preparing instruments for sterilization on completion of the surgery; and
(F)  assisting the surgical team with cleaning of the operating room on completion of the surgery.
Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 259 - Surgical Technologists at Health Care Facilities › Section 259.003. Supervision of Surgical Technologists

Sec. 259.003.  SUPERVISION OF SURGICAL TECHNOLOGISTS.  This chapter does not repeal or modify any law relating to the supervision of surgical technologists.
Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 259 - Surgical Technologists at Health Care Facilities › Section 259.004. Other Licensed Practitioners

Sec. 259.004.  OTHER LICENSED PRACTITIONERS.  This chapter does not prohibit a licensed practitioner from performing a task or function within the scope of the practitioner's license.
Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 259 - Surgical Technologists at Health Care Facilities › Section 259.005. Applicability

Sec. 259.005.  APPLICABILITY.  This chapter does not apply to:
(1)  a licensed registered nurse or a licensed vocational nurse; or
(2)  the employment by a health care facility of an individual whose primary functions include the cleaning or sterilization of supplies, instruments, equipment, or operating rooms.
Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 259 - Surgical Technologists at Health Care Facilities › Section 259.006. Enforcement

Sec. 259.006.  ENFORCEMENT.  (a)  The executive commissioner of the Health and Human Services Commission may adopt rules to administer and enforce this chapter.
(b)  A health care facility that violates Section 259.002 is subject to an administrative penalty, a civil penalty, or other disciplinary action, as applicable, in the same manner as if the facility violated the chapter under which the facility is licensed.
Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0818, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.001. Definitions

Sec. 260.001.  DEFINITIONS.  In this chapter:
(1)  "Assistance with self-administering medication" means assisting a resident by reminding the resident to take medication, opening and removing medications from a container, or reminding the resident when a prescription medication needs to be refilled.
(2)  "Boarding home facility" means an establishment that:
(A)  furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and
(B)  provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by Section 247.002 to those persons.
(3)  "Commission" means the Health and Human Services Commission.
(4)  "Elderly person" has the meaning assigned by Section 48.002, Human Resources Code.
(5)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(6)  "Person with a disability" means a disabled person as defined by Section 48.002, Human Resources Code.
(7)  "Resident" means a person who is residing in a boarding home facility.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.002. Exemptions

Sec. 260.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a person that is required to be licensed under Chapter 142, 242, 246, 247, or 252;
(2)  a person that is exempt from licensing under Section 142.003(a)(19) or (20), 242.003(3), or 247.004(4);
(3)  a hotel as defined by Section 156.001, Tax Code;
(4)  a retirement community;
(5)  a monastery or convent;
(6)  a child-care facility as defined by Section 42.002, Human Resources Code;
(7)  a family violence shelter center as defined by Section 51.002, Human Resources Code; or
(8)  a sorority or fraternity house or other dormitory associated with an institution of higher education.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 958 (S.B. 1808), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.003. Model Standards

Sec. 260.003.  MODEL STANDARDS.  The executive commissioner shall develop and publish in the Texas Register model standards for the operation of a boarding home facility relating to:
(1)  the construction or remodeling of a boarding home facility, including plumbing, heating, lighting, ventilation, and other housing conditions, to ensure the residents' health, safety, comfort, and protection from fire hazard;
(2)  sanitary and related conditions in a boarding home facility and its surroundings, including insect and rodent control, water supply, sewage disposal, food handling, and general hygiene to ensure the residents' health, safety, and comfort;
(3)  the reporting and investigation of injuries, incidents, and unusual accidents and the establishment of other policies and procedures necessary to ensure resident health and safety;
(4)  assistance with self-administering medication;
(5)  requirements for in-service education of the facility's staff;
(6)  criminal history record checks; and
(7)  assessment and periodic monitoring to ensure that a resident:
(A)  does not require the boarding home facility to provide personal care, nursing, or other services not listed in Section 260.001(2); and
(B)  is capable of self-administering medication or is aware of what the resident's medications look like and knows when the medications should be taken but requires assistance with self-administering medication.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
Redesignated and amended from Health and Safety Code, Section 254.003 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(6), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.004. Local Regulation

Sec. 260.004.  LOCAL REGULATION.  A county or municipality may require a person to obtain a permit from the county or municipality to operate a boarding home facility within the county's or municipality's jurisdiction.  A county or municipality may adopt the standards developed by the executive commissioner under Section 260.003 and require a boarding home facility that holds a permit issued by the county or municipality to comply with the adopted standards.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
Redesignated and amended from Health and Safety Code, Section 254.004 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(7), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.005. Permit Procedures; Fees; Fines

Sec. 260.005.  PERMIT PROCEDURES; FEES; FINES.  (a)  A county or municipality that requires a person to obtain a boarding home facility permit as authorized by Section 260.004 may establish procedures for the submission of a boarding home facility permit application and for the issuance, denial, renewal, suspension, and revocation of the permit.
(b)  A county or municipality that requires a person to obtain a boarding home facility permit as authorized under Section 260.004 may set reasonable fees for issuance of the permit, renewal of the permit, and inspections and may impose fines for noncompliance with the county or municipal boarding home facility regulations.  The fees collected and fines imposed by the county or municipality must be used to administer the county or municipal permitting program or for other purposes directly related to providing boarding home facility or other assisted living services to elderly persons and persons with disabilities.
(c)  A person required to obtain a boarding home facility permit from a county or municipality as authorized under Section 260.004 shall pay any fees required or fines imposed by the county or municipality.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
Redesignated and amended from Health and Safety Code, Section 254.005 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(8), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.0051. Criminal Penalty

Sec. 260.0051.  CRIMINAL PENALTY.  (a)  This section applies only to a county or municipality that requires a person to obtain a permit to operate a boarding home facility as authorized by Section 260.004.
(b)  A person commits an offense if the person operates a boarding home facility without a permit in a county or municipality to which this section applies.
(c)  An offense under this section is a Class B misdemeanor.
Added by Acts 2021, 87th Leg., R.S., Ch. 517 (S.B. 500), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.006. Posting

Sec. 260.006.  POSTING.  A boarding home facility that holds a permit issued by a county or municipality shall prominently and conspicuously post for display in a public area of the boarding home facility that is readily available to residents, the operator, employees, and visitors:
(1)  the permit issued by a county or municipality;
(2)  a sign prescribed by the county or municipality that issued the permit that specifies how complaints may be registered with the county or municipality;
(3)  a notice in a form prescribed by the county or municipality that issued the permit stating that inspection and related reports are available at the boarding home facility for public inspection and providing a telephone number that may be used to obtain information concerning the boarding home facility;
(4)  a concise summary of the most recent inspection report relating to the boarding home facility; and
(5)  a notice in a form prescribed by the county or municipality that issued the permit that lists the name, location, and contact information for:
(A)  the closest local public health services agency in the proximity of the boarding home facility; and
(B)  a local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.007. Inspections

Sec. 260.007.  INSPECTIONS.  (a)  A county or municipality may conduct any inspection, survey, or investigation that it considers necessary and may enter the premises of a boarding home facility at reasonable times to make an inspection, survey, or investigation.
(b)  A county or municipality is entitled to access to books, records, and other documents maintained by or on behalf of a boarding home facility to the extent necessary to enforce the standards adopted by the county or municipality.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.008. Interlocal Cooperation

Sec. 260.008.  INTERLOCAL COOPERATION.  Two or more counties or municipalities may cooperate and contract with each other for the purpose of inspecting and permitting boarding home facilities.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.009. Reporting and Investigation of Abuse, Neglect, or Exploitation

Sec. 260.009.  REPORTING AND INVESTIGATION OF ABUSE, NEGLECT, OR EXPLOITATION.  (a)  A person, including an owner, operator, or employee of a boarding home facility that holds a permit issued by a county or municipality, who has cause to believe that a resident who is an elderly person or a person with a disability is being or has been abused, neglected, or exploited shall report the abuse, neglect, or exploitation to the Department of Family and Protective Services for investigation by that agency.  The Department of Family and Protective Services shall investigate the allegation of abuse, neglect, or exploitation as authorized and in the manner provided by Chapter 48, Human Resources Code.
(b)  Each boarding home facility that holds a permit issued by a county or municipality shall require each employee of the boarding home facility, as a condition of employment with the boarding home facility, to sign a statement that the employee acknowledges that the employee may be criminally liable under Section 48.052, Human Resources Code, for failure to report abuse, neglect, or exploitation.
(c)  An owner, operator, or employee of a boarding home facility that holds a permit issued by a county or municipality may not retaliate against an employee of the facility who in good faith makes a complaint to the office of the inspector general of the Health and Human Services Commission, cooperates with the office of the inspector general in an investigation, or reports abuse, neglect, or exploitation of a resident to the Department of Family and Protective Services.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.0091. Required Report by Lessor of Abuse, Neglect, or Exploitation; Criminal Penalty

Sec. 260.0091.  REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT, OR EXPLOITATION; CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  owns a building that the person leases to another person who operates a boarding home facility in the building;
(2)  has actual knowledge that a resident of the boarding home facility is being or has been abused, neglected, or exploited; and
(3)  fails to report the abuse, neglect, or exploitation to the Department of Family and Protective Services for investigation by that agency.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 1046 (S.B. 189), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.010. Annual Report to Commission; Legislative Report

Sec. 260.010.  ANNUAL REPORT TO COMMISSION; LEGISLATIVE REPORT.  (a)  Not later than September 30 of each year following the establishment of a county or municipal permitting requirement under this chapter, each county or municipality that requires a person to obtain a boarding home facility permit under Section 260.004 shall submit to the commission a report.  The report must include:
(1)  the total number of:
(A)  boarding home facilities permitted during the preceding state fiscal year;
(B)  boarding home facility applications denied permitting, including a summary of cause for denial; and
(C)  boarding home facility permits active on August 31 of the preceding state fiscal year;
(2)  the total number of residents reported housed in each boarding home facility reported;
(3)  the total number of inspections conducted at each boarding home facility by the county or municipality that requires the permit;
(4)  the total number of permits revoked or suspended as a result of an inspection described by Subdivision (3) and a summary of the outcome for the residents displaced by revocation or suspension of a permit; and
(5)  the total number of incidents occurring at each boarding home facility that required the intervention of a peace officer as defined by Article 2.12, Code of Criminal Procedure.
(b)  The commission shall establish and maintain a standardized compilation of information reported under this section and provide to the legislature a report of this information not later than January 1 of each odd-numbered year.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(9), eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1046 (S.B. 189), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260 - Boarding Home Facilities › Section 260.011. Exclusion Prohibited

Sec. 260.011.  EXCLUSION PROHIBITED.  If an entity meets the requirements established by a county or municipality under this chapter, the entity may not be excluded from a residential area by zoning ordinances or similar regulations.
Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.001. Definitions

Sec. 260A.001.  DEFINITIONS.  In this chapter:
(1)  "Abuse" means:
(A)  the negligent or wilful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to a resident by the resident's caregiver, family member, or other individual who has an ongoing relationship with the resident; or
(B)  sexual abuse of a resident, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure), or Chapter 22, Penal Code (assaultive offenses), committed by the resident's caregiver, family member, or other individual who has an ongoing relationship with the resident.
(1-a)  "Commission" means the Health and Human Services Commission.
(2)  "Department" means the Department of Aging and Disability Services.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Exploitation" means the illegal or improper act or process of a caregiver, family member, or other individual who has an ongoing relationship with the resident using the resources of a resident for monetary or personal benefit, profit, or gain without the informed consent of the resident.
(5)  "Facility" means:
(A)  an institution as that term is defined by Section 242.002;
(B)  an assisted living facility as that term is defined by Section 247.002; and
(C)  a prescribed pediatric extended care center as that term is defined by Section 248A.001.
(6)  "Neglect" means the failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caregiver to provide such goods or services.
(7)  "Resident" means an individual, including a patient, who resides in or receives services from a facility.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 5, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 10, eff. September 1, 2023.