reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter F - CORRECTIVE ACTION PLAN AND ENFORCEMENT › Section 117.85 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Under
				  Health and Safety Code, §§
										251.066 -
				  251.070,
				  the department may assess an administrative penalty against a person who
				  violates the statute or this chapter.
(b) The penalty may not exceed $1,000 for
				  each violation. Each day of a continuing violation constitutes a separate
				  violation.
(c) In determining the
				  amount of an administrative penalty assessed under this section, the department
				  shall consider:
(1) the seriousness of the
				  violation;
(2) the history of
				  previous violations;
(3) the amount
				  necessary to deter future violations;
(4) efforts made to correct the violation;
				  and
(5) any other matters that
				  justice may require.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter F - CORRECTIVE ACTION PLAN AND ENFORCEMENT › Section 117.86 - Recovery of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may assess reasonable expenses and costs against a person in an administrative
				  hearing if, as a result of the hearing, the person's license is denied,
				  suspended, or revoked, or if administrative penalties are assessed against the
				  person.
(b) The person shall pay
				  expenses and costs assessed under this section not later than the 30th calendar
				  day after the date of an order requiring the payment of expenses and costs is
				  final.
(c) The department may refer
				  the matter to the attorney general for collection of the expenses and
				  costs.
(d) If the attorney general
				  brings an action against a person under Health and Safety Code, §
										251.063 or §
										251.065 or to
				  enforce an administrative penalty assessed, and an injunction is granted
				  against the person or the person is found liable for a civil or administrative
				  penalty, the attorney general may recover, on behalf of the attorney general
				  and the department, reasonable expenses and costs.
(e) For purposes of this section, "reasonable
				  expenses and costs" include expenses incurred by the department and the
				  attorney general in the investigation, initiation, or prosecution of an action,
				  including reasonable investigative costs, court costs, attorney's fees, witness
				  fees, and deposition expenses.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter G - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 117.91 - Fire Prevention, Protection, and Emergency Contingency Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) An end stage
				  renal disease (ESRD) facility shall comply with the provisions of this section
				  with respect to fire prevention and protection.
(1) The facility shall comply with local fire
				  codes.
(2) The facility shall
				  report all incidents of fire to the local fire authority and to Texas Health
				  and Human Services Commission Complaint and Incident Intake as soon as
				  possible, but not later than 10 calendar days following the incident. Any fire
				  incident causing injury to a person shall be reported within one business
				  day.
(3) The facility shall adopt,
				  implement, and enforce a written smoking policy.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter G - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 117.92 - General Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) An ESRD
				  facility shall provide a physical environment that protects the health, safety,
				  and welfare of patients, personnel, and the public. The physical premises and
				  the physical environment of the facility and those areas of the facility's
				  surrounding physical structure that are used by the patients (including all
				  stairwells, corridors, and passageways) shall meet the local building and fire
				  safety codes as they relate to safe access and patient privacy.
(b) An emergency communication system, such
				  as radio-frequency communication devices, battery operated emergency phone, or
				  facility cellular telephones, shall be provided in each facility. The system
				  shall be self-sufficient and capable of operating without reliance on the
				  building's service or emergency power supply. Such system shall have the
				  capability of communicating with the available community or state emergency
				  networks, including police and fire departments.
(c) No portable or ceiling fans shall be
				  utilized in patient treatment areas, or in the reprocessing room.
(d) Electrical extension cords and cables
				  shall not be used for permanent wiring. When temporary electrical cords or
				  cables are used, they shall be secured and protected to prevent
				  tripping.
(e) A nurses emergency
				  calling system shall be installed in the patient waiting areas, all individual
				  treatment rooms, exam rooms, isolation hepatitis B rooms, and toilet rooms used
				  by patients to summon nursing staff in an emergency. Activation of the system
				  shall sound a repeating (every 5 seconds or less) distinct audible signal at
				  the nurse station, indicate type and location of call on the system monitor,
				  and activate a distinct visible signal in all areas. The visible and audible
				  signals shall be cancelable only at the patient calling station. A nurses
				  emergency call system shall be accessible to a collapsed patient lying on the
				  floor. Inclusion of a pull cord extending to within 6 inches of the floor will
				  satisfy this requirement.
(f) Doors
				  to an isolation or home dialysis training room shall not be lockable from
				  inside the room.
(g) When
				  construction takes place during dialysis treatments, adequate provision shall
				  be made for the safety and comfort of patients. Temporary sound barriers shall
				  be provided where intense prolonged construction noises will disturb patients
				  or staff in the occupied portions of the building during patient treatment
				  times.
(h) When construction is
				  done after hours or on weekends, the facility shall assure that all areas of
				  construction are cleaned thoroughly and a clean safe environment is provided
				  before patients are treated.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter G - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 117.93 - Handling and Storage of Gases and Flammable Liquids

Current through Reg. 49, No. 28; July 12, 2024
(a) An ESRD facility shall comply with the
				  requirements of this section for handling and storage of gas and flammable
				  liquids. The ESRD facility premises shall be kept free from accumulations of
				  combustible materials not necessary for immediate operation of the facility.
(1) Flammability of liquids and gases shall
				  be determined by National Fire Protection Association 329, Handling Releases of
				  Flammable and Combustible Liquids and Gases, 2002 Edition. All documents
				  published by National Fire Protection Association (NFPA) as referenced in this
				  section may be obtained by writing or calling the NFPA at the following address
				  or telephone number: National Fire Protection Association, 1 Batterymarch Park,
				  Quincy, Massachusetts 02269-9101 or (800) 344-3555.
(2) Nonflammable gases shall be stored and
				  distributed in accordance with Chapter 5 of the National Fire Protection
				  Association 99, Standard for Health Care Facilities, 2002 edition (NFPA
				  99).
(3) Oxygen shall be
				  administered in accordance with NFPA 99, §9.6.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 117.101 - Construction Requirements for an Existing End Stage Renal Disease Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) All buildings
				  in which existing ESRD facilities licensed by the department are located shall
				  comply with this subsection.
(1) A licensed
				  ESRD facility which is licensed prior to the effective date of these rules is
				  considered to be an existing licensed ESRD facility and shall continue, at a
				  minimum, to meet the licensing requirements under which it was originally
				  licensed.
(2) Existing licensed
				  ESRD facilities shall meet the requirements for Existing Ambulatory Health Care
				  Occupancies contained in Chapter 21 of the 2000 edition of the National Fire
				  Protection Association 101, Life Safety Code, (NFPA 101), the ESRD
				  Standards/Rules (1996, 1999, or 2006 editions as amended), and the ESRD rules
				  under which the buildings or sections of buildings were constructed. All
				  documents published by NFPA as referenced in this section may be obtained by
				  writing or calling the NFPA at the following address or telephone number:
				  National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101,
				  Quincy, MA 02269-9101 or (800) 344-3555.
(3) In lieu of meeting the requirements in
				  paragraph (1) of this subsection, an existing licensed ESRD facility may,
				  instead, comply with National Fire Protection Association (NFPA) 101, Life
				  Safety Code 2003 Edition (NFPA 101) Chapter 21, Existing Ambulatory Health Care
				  Occupancies.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 117.104 - Preparation, Submittal, Review and Approval of Plans, and Retention of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) ESRD facility owners or operators shall
				  not begin construction of a new building, additions to, or renovations, or
				  conversions of existing buildings until the department approves final
				  construction documents.
(2) Plans
				  and specifications describing the construction of new buildings, and additions
				  to, or renovations, and conversions of existing buildings shall be prepared by
				  registered architects and/or licensed professional engineers and meet the
				  requirements of this subchapter.
(3) The names of spaces used in the
				  functional program narrative, preliminary documents, final construction
				  documents, and specifications shall be consistent with the names of the spaces
				  used in this chapter.
(4) The
				  department shall notify the ESRD facility owner or operator of the result of
				  its review of each type of submission discussed in this section.
(5) The ESRD facility owner or operator shall
				  respond to all department requests for additional information, including
				  providing a plan of correction for deficiencies cited by the
				  department.
(6) Once final
				  construction documents are approved, the ESRD facility owner or operator shall
				  request inspections in accordance with §
											117.105
				  of this title (relating to Construction, Inspections, and Approval of
				  Project).
(7) When construction is
				  delayed or put on hold for longer than one year from the plan approval or
				  self-certification approval date, construction documents shall be resubmitted
				  to the department for review and approval. The plans shall be accompanied by a
				  new application for plan review and functional program narrative.
(8) The ESRD facility owner or operator shall
				  provide written notification to the department when a project has been placed
				  on hold, canceled, or abandoned.
(9) The department may close a project file
				  after one year of assigning an application number to a project if the project
				  has been placed on hold.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 117.105 - Construction, Inspections, and Approval of Project

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction.
(1) Construction, other than minor
				  alterations, shall not commence until the final plan review deficiencies have
				  been satisfactorily resolved, the appropriate licensing fee has been paid, and
				  the department has issued a letter granting approval to begin construction.
				  Such authorization does not constitute release from the requirements contained
				  in this chapter. If the construction takes place in or near occupied areas,
				  adequate provision shall be made for the safety and comfort of
				  occupants.
(2) The architect of
				  record or the ESRD facility owner or operator shall provide written
				  notification to the department when construction will commence. The department
				  shall be notified in writing of any change in the completion
				  schedules.
(3) Construction shall
				  be completed in compliance with the construction documents including all
				  addenda or modifications approved for the project.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 117.106 - Tables

Current through Reg. 49, No. 28; July 12, 2024
Table 1. Staffing Levels of Direct Care Staff.
Attached
					 Graphic
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 127 - REGISTRY FOR PROVIDERS OF HEALTH-RELATED SERVICES › Section 127.1 - Request for Placement of an Occupation on the Registry

Current through Reg. 49, No. 28; July 12, 2024
(a) A written request may be filed that asks
				that a registry be established by the Texas Department of Health for an
				occupation consisting of providers of a specific health-related service who are
				not otherwise licensed, registered, or certified by any state agency, board, or
				commission. The request must be filed with the Commissioner of Health, Texas
				Department of Health, 1100 West 49th Street, Austin, Texas 78756.
(b) The following persons or entities may
				file a request under subsection (a) of this section:
(1) a state-wide health-related professional
				organization having members or persons whom it officially recognizes as being a
				provider of a specific health-related service; or
(2) at least 200 persons who are employed or
				used as a provider of a specific health-related service at the time the request
				is filed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 127 - REGISTRY FOR PROVIDERS OF HEALTH-RELATED SERVICES › Section 127.2 - Approved Occupations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				occupation of medical laboratory practitioner is approved for inclusion on the
				registry.
(b) Inclusion of an
				occupation of providers of a specific health-related service on a registry does
				not constitute an evaluation of a provider's training or competency or a
				regulation of the scope of the practice of the provider, and is not a
				requirement that a provider within the included occupation actually register. A
				provider's participation on a registry is voluntary.
(c) A provider placed on a registry may not
				represent in any manner that the provider is licensed, certified, inspected or
				otherwise regulated by the Texas Department of Health (department). A provider
				in violation of this subsection may be referred to the appropriate governmental
				agency for action under the Deceptive Trade Practices Act, Business and
				Commerce Code, Chapter 17, or other applicable law.
(d) A medical laboratory practitioner is
				eligible for placement on the registry if the person is a clinical laboratory
				director, a clinical laboratory supervisor, a medical technologist (clinical
				laboratory scientist), a medical laboratory technician (clinical technician),
				or any other individual who performs technical procedures in a clinical
				laboratory.
(e) Once an occupation
				is approved for placement on a registry, a minimum of 50 persons must be
				maintained on the registry or the occupation will be removed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 127 - REGISTRY FOR PROVIDERS OF HEALTH-RELATED SERVICES › Section 127.3 - Application and Approval of an Individual's Placement on a Registry

Current through Reg. 49, No. 28; July 12, 2024
(a) An official
				application form shall be submitted to the department by each
				applicant.
(b) The application
				shall be accompanied by the fee as set out in §
									127.4 of this
				title (relating to Fees).
(c)
				Application processing requirements shall be as follows.
(1) Time periods. The department shall comply
				with the following procedures in processing applications for placement on the
				registry.
(A) The following periods of time
				shall apply from the date of receipt of an application until the date of
				issuance of a written notice that the application is complete and accepted for
				filing or that the application is deficient and additional specific information
				is required:
(i) a letter of acceptance of
				application--20 working days; and
(ii) a letter of application deficiency--20
				working days.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 127 - REGISTRY FOR PROVIDERS OF HEALTH-RELATED SERVICES › Section 127.4 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The schedule of
				fees shall be as follows:
(1) request for
				placement on the registry--$500;
(2) initial application for placement on the
				registry --$120; and
(3) annual
				reapplication (any category) for placement on the registry --$120.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter F - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 131.121 - Fire Prevention, Protection, and Emergency Contingency Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  shall comply with the provisions of this section with respect to fire
				  prevention and protection.
(1) A facility
				  shall comply with local fire codes.
(2) All incidents of fire shall be reported
				  to the local fire authority and shall be reported in writing to the Department
				  of State Health Services, Facility Licensing Group, Mail Code 1979, P.O. Box
				  149347 Austin, Texas 78714-9347, as soon as possible, but not later than 10
				  calendar days following the incident. Any fire incident causing injury to a
				  person shall be reported no later than the next business day.
(3) A facility shall adopt, implement, and
				  enforce a written smoking policy.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter F - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 131.122 - General Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing
				  body shall appoint a safety officer who is knowledgeable in safety practices in
				  health care facilities. The safety officer shall carry out the functions of the
				  safety program.
(b) Safety
				  activities.
(1) The safety officer shall
				  establish an incident reporting system which includes a mechanism to ensure
				  that all incidents recorded are evaluated, and documentation is provided to
				  show follow-up and corrective actions.
(2) Safety policies and procedures for the
				  facility shall be developed, implemented, and enforced.
(3) Safety training shall be established as
				  part of new employee orientation and in the continuing education of all
				  employees.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter F - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 131.123 - Handling and Storage of Gases, Anesthetics, and Flammable Liquids

Current through Reg. 49, No. 28; July 12, 2024
(a) If flammable
				  germicides, including alcohol-based products, are used for surgical skin
				  preparation, the facility must:
(1) use only
				  self-contained, single-use, pre-measured applicators to apply the surgical skin
				  preparations;
(2) follow all
				  manufacturer product safety warnings and guidelines;
(3) develop, implement and enforce written
				  policies and procedures outlining the safety precautions required related to
				  the use of the products, which, at a minimum, must include minimum drying
				  times, prevention and management of product pooling, parameters related to
				  draping and the use of ignition sources, staff responsibilities related to
				  ensuring safe use of the product, and documentation requirements sufficient to
				  evaluate compliance with the written policies and procedures;
(4) ensure that all staff working in the
				  surgical environment where flammable surgical skin preparation products are in
				  use have received training on product safety and the facility policies and
				  procedures related to the use of the product;
(5) develop, implement and enforce an
				  interdisciplinary team process for the investigation and analysis of all
				  flammable germicides fires and alleged violations of the policies;
				  and
(6) report all occurrences of
				  flammable germicide fires to the department in care of the Facility Licensing
				  Group not later than the second business day after the fire, and complete an
				  investigation of the occurrence and develop and implement a corrective action
				  plan not later than the 30th day after the fire.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter G - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 131.142 - Construction Requirements for an Existing Facility for Construction Completed after September 1, 2010

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All buildings in which existing facilities licensed by the department are
				  located shall comply with this subsection.
(1)
				  A facility that is licensed before the effective date of these rules is
				  considered to be a pre-existing or existing facility and shall continue, at a
				  minimum, to meet the licensing requirements under which it was originally
				  licensed.
(2) Existing licensed
				  facilities shall meet the requirements for Existing Ambulatory Health Care
				  Occupancies contained in Chapter 21 of the 2003 editions of the National Fire
				  Protection Association 101, Life Safety Code, (NFPA 101). All documents
				  published by NFPA as referenced in this section may be obtained by writing or
				  calling the NFPA at the following address or telephone number: National Fire
				  Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA
				  02269-9101 or (800) 344-3555. NFPA documents are also available for public
				  inspection during regular working hours at the offices of Architectural Review
				  Group, Texas Department of State Health Services, 1100 West 49th Street,
				  Austin, Texas 78756-3199.
(3) In
				  lieu of meeting the requirements in paragraph (1) of this subsection, an
				  existing licensed facility may, instead, comply with National Fire Protection
				  Association (NFPA) 101, Life Safety Code, 2003 Edition (NFPA 101), Chapter 21,
				  Existing Ambulatory Health Care Occupancies.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter G - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 131.145 - Mobile, Transportable, and Relocatable Units

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following definitions
				  apply in this section.
(1) Mobile unit--Any
				  pre-manufactured structure, trailer, or self-propelled unit equipped with a
				  chassis on wheels and intended to provide shared medical services to the
				  community on a temporary basis. Some of these units are equipped with expanding
				  walls and designed to be moved on a daily basis.
(2) Relocatable unit--Any structure, not on
				  wheels, that is built to be relocated at any time and provide medical services.
				  These structures vary in size.
(3)
				  Transportable unit--Any pre-manufactured structure or trailer, equipped with a
				  chassis on wheels, intended to provide shared medical services to the community
				  on an extended temporary basis. These units are designed to be moved
				  periodically, depending on need.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter G - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 131.146 - Preparation, Submittal, Review and Approval of Plans, and Retention of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Facility owners or operators shall not
				  begin construction of a new building, additions to, or renovations, or
				  conversions of existing buildings until the department approves final
				  construction documents.
(2) Plans
				  and specifications describing the construction of new buildings, and additions
				  to, or renovations, and conversions of existing buildings shall be prepared by
				  registered architects and/or licensed professional engineers and meet the
				  requirements of this subchapter.
(3) The names of spaces used in the
				  functional program narrative, preliminary documents, final construction
				  documents, and specifications shall be consistent with the names of the spaces
				  used in this chapter.
(4) The
				  department shall notify the facility owner or operator of the result of its
				  review of each type of submission discussed in this section.
(5) The facility owner or operator shall
				  respond to all department requests for additional information, including
				  providing a plan of correction for deficiencies cited by the
				  department.
(6) Once final
				  construction documents are approved, the facility owner or operator shall
				  request inspections in accordance with §
											131.147
				  of this title (relating to Construction, Inspection, and Approval of
				  Project).
(7) When construction is
				  delayed or put on hold for longer than one year from the plan approval or
				  self-certification approval date, construction documents shall be resubmitted
				  to the department for review and approval. The plans shall be accompanied by a
				  new application for plan review and functional program narrative.
(8) The facility owner or operator shall
				  provide written notification to the department when a project has been placed
				  on hold, canceled, or abandoned.
(9) The department may close a project file
				  after one year of assigning an application number to a project if the project
				  has been placed on hold.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter G - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 131.147 - Construction, Inspection, and Approval of Project

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction.
(1) Construction, other than minor
				  alterations, shall not commence until the final plan review deficiencies have
				  been satisfactorily resolved, the appropriate licensing fee has been paid, and
				  the department has issued a letter granting approval to begin construction.
				  Such authorization does not constitute release from the requirements contained
				  in this chapter. If the construction takes place in or near occupied areas,
				  adequate provision shall be made for the safety and comfort of
				  occupants.
(2) The architect of
				  record or the facility owner or operator shall provide written notification to
				  the department when construction will commence. The department shall be
				  notified in writing of any change in the completion schedules.
(3) Construction shall be completed in
				  compliance with the construction documents including all addenda or
				  modifications approved for the project.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter G - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 131.148 - Tables

Current through Reg. 49, No. 28; July 12, 2024
(a) Table 1.
				  Ventilation requirements for freestanding emergency medical care facilities.
Attached
					 Graphic
(b)
				  Table 2. Filter efficiencies for central ventilation and air conditioning
				  systems.
Attached
					 Graphic
(c)
				  Table 3. Medical gas and vacuum systems. Stations outlets for oxygen, vacuum,
				  and medical air systems.
Attached
					 Graphic
(d)
				  Table 4. Flame spread and smoke production limitations for interior finishes.
Attached
					 Graphic
(e)
				  Table 5. Multiple bed room configurations.
Attached
					 Graphic
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter A - GENERAL PROVISIONS › Section 133.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this chapter is to implement the Health and Safety Code, Chapter 241, which
				  requires general and special hospitals to be licensed by the Department of
				  State Health Services.
(b) This
				  chapter provides procedures for obtaining a hospital license; minimum standards
				  for hospital functions and services; patient rights standards; discrimination
				  or retaliation standards; patient transfer and other policy and protocol
				  requirements; reporting, posting and training requirements relating to abuse
				  and neglect; standards for voluntary agreements; waiver provisions; inspection
				  and investigation procedures; enforcement standards; fire prevention and
				  protection requirements; general safety standards; physical plant and
				  construction requirements for existing and new hospitals, and mobile
				  transportable and relocatable units; and standards for the preparation,
				  submittal, review and approval of construction documents.
(c) Compliance with this chapter does not
				  constitute release from the requirements of other applicable federal, state, or
				  local laws, codes, rules, regulations and ordinances. This chapter must be
				  followed where it exceeds other codes and ordinances.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter B - HOSPITAL LICENSE › Section 133.21 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) License
				  required.
(1) A hospital shall obtain a
				  license prior to admitting patients.
(2) Upon written request, the Department of
				  State Health Services (department) shall furnish a person with an application
				  for a hospital license.
(3) The
				  license application shall be submitted in accordance with §
											133.22
				  of this title (relating to Application and Issuance of Initial License). The
				  applicant shall retain copies of all application documents submitted to the
				  department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter B - HOSPITAL LICENSE › Section 133.23 - Application and Issuance of Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal notice. The Department of State
				  Health Services (department) shall send a renewal notice to a hospital at least
				  60 calendar days before the expiration date of a license.
(1) If the hospital has not received the
				  renewal notice from the department within 45 calendar days prior to the
				  expiration date, it is the duty of the hospital to notify the department and
				  request a renewal application for a license.
(2) If the hospital fails to submit the
				  application and fee within 15 calendar days prior to the expiration date of the
				  license, the department shall send by certified mail to the hospital a letter
				  advising that unless the license is renewed, the hospital must cease operations
				  upon the expiration of the hospital's license.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter B - HOSPITAL LICENSE › Section 133.24 - Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) Change of
				  ownership defined. A change of ownership of a hospital occurs when there is a
				  change in the person legally responsible for the operation of the hospital,
				  whether by lease or by ownership.
(1) If a
				  corporate licensee amends its articles of incorporation to revise its name and
				  the tax identification number does not change, this subsection does not apply,
				  except that the corporation must notify the department within 10 calendar days
				  after the effective date of the name change.
(2) The sale of stock of a corporate licensee
				  does not cause this subsection to apply.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter B - HOSPITAL LICENSE › Section 133.25 - Time Periods for Processing and Issuing Hospital Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The receipt date for an application for
				  an initial license or a renewal license is the date the application is received
				  by the Facility Licensing Group, Department of State Health Services
				  (department).
(2) An application
				  for an initial license is complete when the department has received, reviewed,
				  and found acceptable the information described in §133.22(a) - (b) of this
				  title (relating to Application and Issuance of Initial License).
(3) An application for a renewal license is
				  complete when the department has received, reviewed, and found acceptable the
				  information described in §
											133.23(b)
				  of this title (relating to Application and Issuance of Renewal
				  License).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter B - HOSPITAL LICENSE › Section 133.26 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) All fees paid to the Department of State
				  Health Services (department) are nonrefundable with the exception of inspection
				  fees for inspections that were not conducted.
(2) All fees shall be paid by check or money
				  order made payable to the Department of State Health Services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.43 - Discrimination or Retaliation Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Posting requirements for reporting a
				  violation of law. In accordance with Health and Safety Code (HSC),
				  §161.134(j) and §161.135(h), each hospital shall prominently and
				  conspicuously post for display in a public area of the hospital that is readily
				  visible to patients, residents, employees, and visitors a statement that
				  nonemployees, employees and staff are protected from discrimination or
				  retaliation for reporting a violation of law. The statement shall be in English
				  and in a second language appropriate to the demographic makeup of the community
				  served.
(b) Discrimination relating
				  to employee reporting a violation of law. In accordance with HSC,
				  §161.134(a), and §
										133.41(o)(2)(I)(i)(III)
				  of this title (relating to Hospital Functions and Services), a hospital may not
				  suspend or terminate the employment of, discipline, or otherwise discriminate
				  against an employee for reporting in good faith to the employee's supervisor,
				  an administrator of the hospital, a state or federal regulatory agency, a
				  national accrediting organization or a law enforcement agency a violation of
				  law, including a violation of the Act or this chapter. For purposes of this
				  subsection, a report is not made in good faith if there is not a reasonable
				  factual or legal basis for making the report.
(c) Retaliation relating to nonemployee
				  reporting a violation of law. In accordance with HSC, §161.135(a), a
				  hospital may not retaliate against a person who is not an employee for
				  reporting a violation of law, including a violation of the Act or this
				  chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.44 - Hospital Patient Transfer Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Designated provider--A provider of health
				  care services, selected by a health maintenance organization, a self-insured
				  business corporation, a beneficial society, the Veterans Administration,
				  CHAMPUS, a business corporation, an employee organization, a county, a public
				  hospital, a hospital district, or any other entity to provide health care
				  services to a patient with whom the entity has a contractual, statutory, or
				  regulatory relationship that creates an obligation for the entity to provide
				  the services to the patient.
(2)
				  Mandated provider--A person who provides health care services, is selected by a
				  county, public hospital, or hospital district, and agrees to provide health
				  care services to eligible residents.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.45 - Miscellaneous Policies and Protocols

Current through Reg. 49, No. 28; July 12, 2024
(a) Determination of death and autopsy
				  reports. The hospital shall adopt, implement, and enforce protocols to be used
				  in determining death and for filing autopsy reports which comply with Health
				  and Safety Code (HSC), Title 8, Subtitle A, Chapter 671 (Determination of Death
				  and Autopsy Reports).
(b) Organ and
				  tissue donors. The hospital shall adopt, implement, and enforce a written
				  protocol to identify potential organ and tissue donors which is in compliance
				  with the Texas Anatomical Gift Act, HSC, Chapter 692. The hospital shall make
				  its protocol available to the public during the hospital's normal business
				  hours.
(1) The hospital's protocol shall
				  include all requirements in HSC, Chapter 692, §692.013 (Hospital
				  Protocol).
(2) A hospital which
				  performs organ transplants shall be a member of the Organ Procurement and
				  Transplantation Network in accordance with
				  42 United States
				  Code, §
												274 (Organ Procurement and
				  Transplantation Network).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.46 - Hospital Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) Itemized
				  statements. A hospital shall adopt, implement, and enforce a policy to ensure
				  that the hospital complies with the Health and Safety Code (HSC), §311.002
				  (Itemized Statement of Billed Services).
(b) Audits of billing. A hospital shall
				  adopt, implement, and enforce a policy to ensure that the hospital complies
				  with HSC, §311.0025(a) (relating to Audits of Billing).
(c) Balance Billing.
(1) A hospital may not violate a law that
				  prohibits the hospital from billing a patient who is an insured, participant,
				  or enrollee in a managed care plan an amount greater than an applicable
				  copayment, coinsurance, and deductible under the insured's, participant's, or
				  enrollee's managed care plan or that imposes a requirement related to that
				  prohibition.
(2) A hospital shall
				  comply with Senate Bill 1264, 86th Legislature, Regular Session, 2019, and with
				  related Texas Department of Insurance rules at 28 TAC Chapter 21, Subchapter
				  OO, §§21.4901 - 21.4904 (relating to Disclosures by Out-of-Network
				  Providers) to the extent this subchapter applies to the hospital.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.47 - Abuse and Neglect Issues

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Reporting. Incidents of abuse, neglect, exploitation, or illegal, unethical or
				  unprofessional conduct as those terms are defined in subsections (b) and (c) of
				  this section shall be reported to the department.
(b) Abuse or neglect of a child, and abuse,
				  neglect or exploitation of an elderly or disabled person. The following
				  definitions apply only to this subsection:
(1) abuse or neglect of a child, as defined
				  in §
											1.204(a)
				  and (b) of this title (relating to
				  Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or
				  Disabled Persons); and
(2) abuse,
				  neglect or exploitation of an elderly or disabled person, as defined in §
											1.204(a)
				  and (b) of this title.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.49 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A hospital
				  shall submit reports to the department in accordance with the reporting
				  requirements in Texas Health and Safety Code, §
										98.103 and
				  §
										98.1045
				  (relating to Reportable Infections and Reporting of Preventable Adverse
				  Events).
(b) A hospital that
				  donates human fetal tissue under Texas Health and Safety Code, Chapter 173,
				  shall submit an annual report to the Health and Human Services Commission that
				  includes for each donation the specific type of fetal tissue donated and the
				  accredited public or private institution of higher learning that received the
				  donation. The hospital shall submit the annual report no later than January
				  31st of the subsequent year.
(c) A
				  hospital that diagnoses or treats an abortion complication, as defined in
				  §
										139.2 of
				  this title (relating to Definitions), shall comply with §
										139.5
				  of this title (relating to Additional Reporting Requirements).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.50 - Caregiver Designation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Aftercare--Assistance provided by a
				  designated caregiver to a person after that person's discharge from a hospital,
				  as described by Health and Safety Code, chapter 317, and this
				  section.
(2) Designated
				  caregiver--An individual designated by a patient, including a relative,
				  partner, friend, or neighbor, who:
(A) is at
				  least 18 years of age;
(B) has a
				  significant relationship with the patient; and
(C) will provide aftercare to the
				  patient.
(3) Surrogate
				  decision-maker--An individual with decision-making capacity who is identified
				  as the person who has authority to consent to medical treatment on behalf of an
				  incapacitated patient in need of medical treatment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.51 - In-Person Visitation During a Public Health Emergency or Disaster

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this section, have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Public health emergency--A state of disaster or local disaster declared under
				  Texas Government Code Chapter 418 or a public health disaster as defined by
				  Texas Health and Safety Code (HSC) §81.003.
(2) Qualifying official disaster order--An
				  order, proclamation, or other instrument issued by the Governor, another
				  official of this state, or the governing body or an official of a political
				  subdivision of this state declaring a disaster that has infectious disease as
				  the basis for the declared disaster.
(3) Qualifying period of disaster--The period
				  of time the area in which a hospital is located is declared to be a disaster
				  area by a qualifying official disaster order.
(4) Religious counselor--An individual acting
				  substantially in a pastoral or religious capacity to provide spiritual counsel
				  to other individuals.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.52 - Hospital-Owned or Hospital-Operated Freestanding Emergency Medical Care Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to a freestanding emergency medical care (FEMC) facility, as that
				  term is defined by Texas Health and Safety Code (HSC) §254.001 (relating
				  to Definitions), that is:
(1) exempt from the
				  licensing requirements of HSC Chapter 254 (relating to Freestanding Emergency
				  Medical Care Facilities) under HSC §254.052(5), (7), or (8); and
(2) associated with a hospital licensed under
				  HSC Chapter 241 (relating to Hospitals) and this chapter that does not meet the
				  conditions of participation for certification under Title XVIII of the Social
				  Security Act (42 U.S.C. §
												1395 et seq.).