reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter R. Electronic Monitoring of Resident's Room › Section 242.847. Authorized Electronic Monitoring: General Provisions

Sec. 242.847.  AUTHORIZED ELECTRONIC MONITORING:  GENERAL PROVISIONS.  (a)  An institution shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of electronic monitoring devices.
(b)  The institution shall require a resident who conducts authorized electronic monitoring or the resident's guardian or legal representative to post and maintain a conspicuous notice at the entrance to the resident's room.  The notice must state that the room is being monitored by an electronic monitoring device.
(c)  Authorized electronic monitoring conducted under this subchapter is not compulsory and may be conducted only at the request of the resident or the resident's guardian or legal representative.
(d)  An institution may not refuse to admit an individual to residency in the institution and may not remove a resident from the institution because of a request to conduct authorized electronic monitoring.  An institution may not remove a resident from the institution because covert electronic monitoring is being conducted by or on behalf of a resident.
(e)  An institution shall make reasonable physical accommodation for authorized electronic monitoring, including:
(1)  providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device;  and
(2)  providing access to power sources for the video surveillance camera or other electronic monitoring device.
(f)  The resident or the resident's guardian or legal representative must pay for all costs associated with conducting electronic monitoring, other than the costs of electricity.  The resident or the resident's guardian or legal representative is responsible for:
(1)  all costs associated with installation of equipment;  and
(2)  maintaining the equipment.
(g)  An institution may require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room.  The executive commissioner may adopt rules regarding the safe placement of an electronic monitoring device.
(h)  If authorized electronic monitoring is conducted, the institution may require the resident or the resident's guardian or legal representative to conduct the electronic monitoring in plain view.
(i)  An institution may but is not required to place a resident in a different room to accommodate a request to conduct authorized electronic monitoring.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0665, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter R. Electronic Monitoring of Resident's Room › Section 242.848. Reporting Abuse and Neglect

Sec. 242.848.  REPORTING ABUSE AND NEGLECT.  (a)  For purposes of the duty to report abuse or neglect under Section 260A.002 and the criminal penalty for the failure to report abuse or neglect under Section 260A.012, a person who is conducting electronic monitoring on behalf of a resident under this subchapter is considered to have viewed or listened to a tape or recording made by the electronic monitoring device on or before the 14th day after the date the tape or recording is made.
(b)  If a resident who has capacity to determine that the resident has been abused or neglected and who is conducting electronic monitoring under this subchapter gives a tape or recording made by the electronic monitoring device to a person and directs the person to view or listen to the tape or recording to determine whether abuse or neglect has occurred, the person to whom the resident gives the tape or recording is considered to have viewed or listened to the tape or recording on or before the seventh day after the date the person receives the tape or recording for purposes of the duty to report abuse or neglect under Section 260A.002 and of the criminal penalty for the failure to report abuse or neglect under Section 260A.012.
(c)  A person is required to report abuse based on the person's viewing of or listening to a tape or recording only if the incident of abuse is acquired on the tape or recording.  A person is required to report neglect based on the person's viewing of or listening to a tape or recording only if it is clear from viewing or listening to the tape or recording that neglect has occurred.
(d)  If abuse or neglect of the resident is reported to the institution and the institution requests a copy of any relevant tape or recording made by an electronic monitoring device, the person who possesses the tape or recording shall provide the institution with a copy at the institution's expense.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(h), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter R. Electronic Monitoring of Resident's Room › Section 242.849. Use of Tape or Recording by Agency or Court

Sec. 242.849.  USE OF TAPE OR RECORDING BY AGENCY OR COURT.  (a)  Subject to applicable rules of evidence and procedure and the requirements of this section, a tape or recording created through the use of covert or authorized electronic monitoring described by this subchapter may be admitted into evidence in a civil or criminal court action or administrative proceeding.
(b)  A court or administrative agency may not admit into evidence a tape or recording created through the use of covert or authorized electronic monitoring or take or authorize action based on the tape or recording unless:
(1)  if the tape or recording is a video tape or recording, the tape or recording shows the time and date that the events acquired on the tape or recording occurred;
(2)  the contents of the tape or recording have not been edited or artificially enhanced;  and
(3)  if the contents of the tape or recording have been transferred from the original format to another technological format, the transfer was done by a qualified professional and the contents of the tape or recording were not altered.
(c)  A person who sends more than one tape or recording to the department shall identify for the department each tape or recording on which the person believes that an incident of abuse or evidence of neglect may be found.  The executive commissioner may adopt rules encouraging persons who send a tape or recording to the department to identify the place on the tape or recording that an incident of abuse or evidence of neglect may be found.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0666, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter R. Electronic Monitoring of Resident's Room › Section 242.850. Notice at Entrance to Institution

Sec. 242.850.  NOTICE AT ENTRANCE TO INSTITUTION.  Each institution shall post a notice at the entrance to the institution stating that the rooms of some residents may be being monitored electronically by or on behalf of the residents and that the monitoring is not necessarily open and obvious.  The executive commissioner by rule shall prescribe the format and the precise content of the notice.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0667, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter R. Electronic Monitoring of Resident's Room › Section 242.851. Enforcement

Sec. 242.851.  ENFORCEMENT.  (a)  The department may impose appropriate sanctions under this chapter on an administrator of an institution who knowingly:
(1)  refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2)  refuses to admit an individual to residency or allows the removal of a resident from the institution because of a request to conduct authorized electronic monitoring;
(3)  allows the removal of a resident from the institution because covert electronic monitoring is being conducted by or on behalf of the resident;  or
(4)  violates another provision of this subchapter.
(b)  The department may assess an administrative penalty under Section 242.066 against an institution that:
(1)  refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2)  refuses to admit an individual to residency or allows the removal of a resident from the institution because of a request to conduct authorized electronic monitoring;
(3)  allows the removal of a resident from the institution because covert electronic monitoring is being conducted by or on behalf of the resident;  or
(4)  violates another provision of this subchapter.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter R. Electronic Monitoring of Resident's Room › Section 242.852. Criminal Offense

Sec. 242.852.  CRIMINAL OFFENSE.  (a)  A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with this subchapter or a tape or recording made by the device commits an offense.  An offense under this section is a Class B misdemeanor.
(b)  It is a defense to prosecution under Subsection (a) that the person took the action with the effective consent of the resident on whose behalf the electronic monitoring device was installed or the resident's guardian or legal representative.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter S. Family Council › Section 242.901. Definition

Sec. 242.901.  DEFINITION.  In this subchapter, "family council" means a group of family members, friends, or legal guardians of residents, who organize and meet privately or openly.
Added by Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 3, eff. September 1, 2008.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0668, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter S. Family Council › Section 242.902. Family Council

Sec. 242.902.  FAMILY COUNCIL.  A family council may:
(1)  make recommendations to the institution proposing policy and operational decisions affecting resident care and quality of life; and
(2)  promote educational programs and projects that will promote the health and happiness of residents.
Added by Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 3, eff. September 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter S. Family Council › Section 242.903. Duties of Institution

Sec. 242.903.  DUTIES OF INSTITUTION.  (a)  An institution shall consider the views and recommendations of the family council and make a reasonable effort to resolve the council's grievances.
(b)  An institution may not:
(1)  prohibit the formation of a family council;
(2)  terminate an existing family council;
(3)  deny a family council the opportunity to accept help from an outside person;
(4)  limit the rights of a resident, family member, or family council member to meet with an outside person, including:
(A)  an employee of the institution during nonworking hours if the employee agrees; and
(B)  a member of a nonprofit or government organization;
(5)  prevent or interfere with the family council receiving outside correspondence addressed to the council;
(6)  open family council mail; or
(7)  wilfully interfere with the formation, maintenance, or operation of a family council, including interfering by:
(A)  discriminating or retaliating against a family council participant; and
(B)  wilfully scheduling events in conflict with previously scheduled family council meetings if the institution has other scheduling options.
(c)  On admission of a resident, an institution shall inform the resident's family members in writing of:
(1)  the family members' right to form a family council; or
(2)  if a family council already exists, the council's:
(A)  meeting time, date, and location; and
(B)  contact person.
(d)  An institution shall:
(1)  include notice of a family council in a mailing that occurs at least semiannually;
(2)  permit a representative of a family council to discuss concerns with an individual conducting an inspection or survey of the facility;
(3)  provide a family council with adequate space on a prominent bulletin board to post notices and other information;
(4)  provide a designated staff person to act as liaison for a family council; and
(5)  respond in writing to a written request by a family council within five working days.
Added by Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 3, eff. September 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter S. Family Council › Section 242.904. Meetings

Sec. 242.904.  MEETINGS.  (a)  On written request, an institution shall allow a family council to meet in a common meeting room of the institution at least once a month during hours mutually agreed upon by the family council and the institution.
(b)  Institution employees or visitors may attend a family council meeting only at the council's invitation.
Added by Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 3, eff. September 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter S. Family Council › Section 242.905. Visiting

Sec. 242.905.  VISITING.  A family council member may authorize in writing another member to visit and observe a resident represented by the authorizing member unless the resident objects.
Added by Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 3, eff. September 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter S. Family Council › Section 242.906. Administration; Rules

Sec. 242.906.  ADMINISTRATION; RULES.  (a)  The department shall administer this subchapter.
(b)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 3, eff. September 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter T. Services Provided by Certain Vocational Nursing Students › Section 242.951. Definition

Sec. 242.951.  DEFINITION.  In this subchapter, "disaster" has the meaning assigned by Section 418.004, Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 619 (S.B. 1856), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter T. Services Provided by Certain Vocational Nursing Students › Section 242.952. Applicability

Sec. 242.952.  APPLICABILITY.  This subchapter applies only to a student who is:
(1)  enrolled in an accredited school or program that is preparing the student for licensure as a licensed vocational nurse; and
(2)  participating in a clinical program at a facility licensed under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 619 (S.B. 1856), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter T. Services Provided by Certain Vocational Nursing Students › Section 242.953. Services Provided by Certain Vocational Nursing Students

Sec. 242.953.  SERVICES PROVIDED BY CERTAIN VOCATIONAL NURSING STUDENTS.  (a)  Notwithstanding any other law, services that are provided by a student to whom this subchapter applies in a facility licensed under this chapter and authorized by a contract or other arrangement with the facility are allowed at all times in this state, including during a declared state of disaster.
(b)  A facility licensed under this chapter may:
(1)  require a student to comply with the facility's policies regarding health screenings or the use of personal protective equipment; and
(2)  condition the student's provision of services on compliance with the facility's policies described by Subdivision (1).
Added by Acts 2021, 87th Leg., R.S., Ch. 619 (S.B. 1856), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.001. Short Title

Sec. 243.001.  SHORT TITLE.  This chapter may be cited as the Texas Ambulatory Surgical Center Licensing Act.
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 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.002. Definitions

Sec. 243.002.  DEFINITIONS.  In this chapter:
(1)  "Ambulatory surgical center" means a facility that operates primarily to provide surgical services to patients who do not require overnight hospital care.
(2)  "Commissioner" means the commissioner of state health services.
(3)  "Department" means the Department of State Health Services.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Person" means an individual, firm, partnership, corporation, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0669, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.003. License Required

Sec. 243.003.  LICENSE REQUIRED.  (a)  Except as provided by Section 243.004, a person may not establish or operate an ambulatory surgical center in this state without a license issued under this chapter.
(b)  Each ambulatory surgical center must have a separate license.
(c)  A license is not transferable or assignable.
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 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.004. Exemptions From Licensing Requirement

Sec. 243.004.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The following facilities need not be licensed under this chapter:
(1)  an office or clinic of a licensed physician, dentist, or podiatrist;
(2)  a licensed nursing home;  or
(3)  a licensed hospital.
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 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.005. License Application and Issuance

Sec. 243.005.  LICENSE APPLICATION AND ISSUANCE.  (a)  An applicant for an ambulatory surgical center license must submit an application to the department on a form prescribed by the department.
(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.
(c)  The application must contain evidence that there is at least one physician, dentist, or podiatrist on the staff of the center who is licensed by the appropriate state licensing board.
(d)  The department shall issue a license if, after inspection and investigation, it finds that the applicant and the center meet the requirements of this chapter and the standards adopted under this chapter.
(e)  The license fee must be paid every two years on renewal of the license.
(f)  The department shall issue a renewal license to a center certified under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.) when the center:
(1)  remits any license fee; and
(2)  submits the inspection results or the inspection results report from the certification body.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0670, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.006. Inspections

Sec. 243.006.  INSPECTIONS.  (a)  The department may inspect an ambulatory surgical center at reasonable times as necessary to assure compliance with this chapter.
(b)  An ambulatory surgical center licensed by the department and certified under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.) is subject to an on-site licensing inspection under this chapter once every three years while the center maintains the certification.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1546, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.007. Fee Amounts

Sec. 243.007.  FEE AMOUNTS.  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and as prescribed by Section 12.0111.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0671, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.008. Deposit of Fees

Sec. 243.008.  DEPOSIT OF FEES.  All fees collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0672, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.009. Adoption of Rules

Sec. 243.009.  ADOPTION OF RULES.  The executive commissioner shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an ambulatory surgical center.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0673, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.010. Minimum Standards

Sec. 243.010.  MINIMUM STANDARDS.  (a)  The rules must contain minimum standards applicable to an ambulatory surgical center and for:
(1)  the construction and design, including plumbing, heating, lighting, ventilation, and other design standards necessary to ensure the health and safety of patients;
(2)  the qualifications of the professional staff and other personnel;
(3)  the equipment essential to the health and welfare of the patients;
(4)  the sanitary and hygienic conditions within the center and its surroundings;  and
(5)  a quality assurance program for patient care.
(b)  Standards set under this section may not exceed the minimum standards for certification of ambulatory surgical centers under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.).
(c)  This section does not authorize the executive commissioner to:
(1)  establish the qualifications of a licensed practitioner; or
(2)  permit a person to provide health care services who is not authorized to provide those services under another state law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0674, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.011. Denial, Suspension, Probation, or Revocation of License

Sec. 243.011.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter.
(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
(c)  If the department finds that an ambulatory surgical center is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not endanger public health and safety, the department may schedule the center for probation rather than suspending or revoking the center's license.  The department shall provide notice to the center of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the center will remain under probation.  During the probation period, the center must correct the items that were in noncompliance and report the corrections to the department for approval.
(d)  The department may suspend or revoke the license of an ambulatory surgical center that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 802, Sec. 3, 4, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.0115. Emergency Suspension

Sec. 243.0115.  EMERGENCY SUSPENSION.  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.  An emergency suspension is effective immediately without a hearing on notice to the license holder.  On written request of the license holder to the department for a hearing, the department shall refer the matter to the State Office of Administrative Hearings. An administrative law judge of the office shall conduct a hearing not earlier than the 10th day or later than the 30th day after the date the hearing request is received by the department to determine if the emergency suspension is to be continued, modified, or rescinded.  The hearing and any appeal are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Added by Acts 1999, 76th Leg., ch. 1546, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0675, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.012. Injunction

Sec. 243.012.  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 if the department finds that the violation creates an immediate threat to the health and safety of the patients of an ambulatory surgical center.
(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, may by injunction:
(1)  prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2)  restrain or prevent the establishment or operation of an ambulatory surgical center 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 ambulatory surgical center is located or in Travis County.
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 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.013. Criminal Penalty

Sec. 243.013.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 243.003(a).
(b)  An offense under this section is a Class C misdemeanor.
(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 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.014. Civil Penalty

Sec. 243.014.  CIVIL PENALTY.  (a)  A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the health and safety of a patient.
(b)  Each day of a continuing violation constitutes a separate ground for recovery.
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 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.017. Compliance With Certain Requirements Regarding Sonogram Before Abortion

Sec. 243.017.  COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION.  An ambulatory surgical center shall comply with Subchapter B, Chapter 171.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.001. Short Title

Sec. 244.001.  SHORT TITLE.  This chapter may be cited as the Texas Birthing Center Licensing Act.
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 244 - Birthing Centers › Section 244.002. Definitions

Sec. 244.002.  DEFINITIONS.  In this chapter:
(1)  "Birthing center" means a place, facility, or institution at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(60), eff. April 2, 2015.
(3)  "Department" means the Department of State Health Services.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Person" means an individual, firm, partnership, corporation, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0678, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(60), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.003. License Required

Sec. 244.003.  LICENSE REQUIRED.  (a)  Except as provided by Section 244.004, a person may not establish or operate a birthing center in this state without an appropriate license issued under this chapter.
(b)  Each birthing center must have a separate license.
(c)  A license is not transferable or assignable.
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 244 - Birthing Centers › Section 244.004. Exemptions From Licensing Requirement

Sec. 244.004.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The following facilities need not be licensed under this chapter:
(1)  a licensed hospital;
(2)  a licensed nursing home;  or
(3)  a licensed ambulatory surgical center.
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 244 - Birthing Centers › Section 244.005. License Application and Issuance

Sec. 244.005.  LICENSE APPLICATION AND ISSUANCE.  (a)  An applicant for a birthing center license must submit an application to the department on a form prescribed by the department.
(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.
(c)  The application must contain evidence that the composition of the center's staff meets the standards adopted under this chapter for the level of license for which the application is submitted.
(d)  The department shall issue the appropriate license if, after inspection and investigation, it finds that the applicant and the center meet the requirements of this chapter and the standards adopted under this chapter.
(e)  The license fee shall be paid every two years on renewal of the license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0679, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.006. Inspections

Sec. 244.006.  INSPECTIONS.  (a)  The department may inspect a birthing center at reasonable times as necessary to assure compliance with this chapter.
(b)  If a birthing center's failure to comply with this chapter creates a serious threat to the health and safety of the public, the department may appoint a monitor for the center to ensure compliance with this chapter.  The birthing center shall be liable for the cost of the monitor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.007. Fees

Sec. 244.007.  FEES.  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and as prescribed by Section 12.0111.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0680, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.009. Adoption of Rules

Sec. 244.009.  ADOPTION OF RULES.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter.
(b)  The executive commissioner shall adopt rules that establish different levels of licenses to operate a birthing center and that provide requirements for the issuance, renewal, denial, suspension, and revocation of each level of license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0681, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.010. Minimum Standards

Sec. 244.010.  MINIMUM STANDARDS.  (a)  For each level of license of a birthing center, the rules must contain minimum standards for:
(1)  the qualifications for professional and nonprofessional personnel;
(2)  the supervision of professional and nonprofessional personnel;
(3)  the provision and coordination of treatment and services;
(4)  the organizational structure, including the lines of authority and the delegation of responsibility;
(5)  the keeping of clinical records; and
(6)  any other aspect of the operation of a birthing center that the executive commissioner considers necessary to protect the public.
(b)  This section does not authorize the executive commissioner to:
(1)  establish the qualifications of a licensed practitioner; or
(2)  permit a person to provide health care services who is not authorized to provide those services under another state law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0682, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.0105. Complaints

Sec. 244.0105.  COMPLAINTS.  A person may file a complaint with the department against a birthing center licensed under this chapter.  A person who files a false complaint may be prosecuted under the Penal Code.
Added by Acts 1999, 76th Leg., ch. 1265, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.011. Denial, Suspension, Probation, or Revocation of License

Sec. 244.011.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for:
(1)  a violation of this chapter or a rule adopted under this chapter;  or
(2)  a history of continuing noncompliance with this chapter or the rules adopted under this chapter.
(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
(c)  If the department finds that a birthing center is in repeated noncompliance under Subsection (a) but that the noncompliance does not endanger public health and safety, the department may schedule the center for probation rather than suspending or revoking the center's license.  The department shall provide notice to the center of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the center will remain under probation.  During the probation period, the center must correct the items that were in noncompliance and report the corrections to the department for approval.
(d)  The department may suspend or revoke the license of a birthing center that does not correct items that were in noncompliance or that does not comply with the applicable requirements within the applicable probation period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1265, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 802, Sec. 5, 6, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.0115. Emergency Suspension

Sec. 244.0115.  EMERGENCY SUSPENSION.  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.  On written request of the license holder, the department shall conduct a hearing not earlier than the seventh day or later than the 10th day after the date the notice of the emergency suspension is sent to the license holder to determine if the emergency suspension is to take effect, to be modified, or to be rescinded.  The hearing and any appeal are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Added by Acts 1999, 76th Leg., ch. 1265, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 244 - Birthing Centers › Section 244.012. Injunction

Sec. 244.012.  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 if the department finds that the violation creates an immediate threat to the health and safety of the patients of a birthing center.
(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, may by injunction:
(1)  prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2)  restrain or prevent the establishment or operation of a birthing center 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 birthing center is located or in Travis County.
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 244 - Birthing Centers › Section 244.013. Criminal Penalty

Sec. 244.013.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 244.003(a).
(b)  An offense under this section is a Class C misdemeanor.
(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 244 - Birthing Centers › Section 244.014. Civil Penalty

Sec. 244.014.  CIVIL PENALTY.  (a)  A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the health and safety of a patient.
(b)  Each day of a continuing violation constitutes a separate ground for recovery.
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 245 - Abortion Facilities › Section 245.001. Short Title

Sec. 245.001.  SHORT TITLE.  This chapter may be cited as the Texas Abortion Facility Reporting and Licensing Act.
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 245 - Abortion Facilities › Section 245.002. Definitions

Sec. 245.002.  DEFINITIONS.  In this chapter:
(1)  "Abortion" means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant.  The term does not include birth control devices or oral contraceptives.  An act is not an abortion if the act is done with the intent to:
(A)  save the life or preserve the health of an unborn child;
(B)  remove a dead, unborn child whose death was caused by spontaneous abortion; or
(C)  remove an ectopic pregnancy.
(2)  "Abortion facility" means a place where abortions are performed.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(62), eff. April 2, 2015.
(4)  "Department" means the Department of State Health Services.
(4-a)  "Ectopic pregnancy" means the implantation of a fertilized egg or embryo outside of the uterus.
(4-b)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(5)  "Patient" means a female on whom an abortion is performed, but does not include a fetus.
(6)  "Person" means an individual, firm, partnership, corporation, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0685, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(62), eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.003. License Required

Sec. 245.003.  LICENSE REQUIRED.  (a)  Except as provided by Section 245.004, a person may not establish or operate an abortion facility in this state without an appropriate license issued under this chapter.
(b)  Each abortion facility must have a separate license.
(c)  A license is not transferable or assignable.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.