By: Nelson S.B. No. 279
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sanctions imposed against certain facilities regulated
1-3 by the Texas Department of Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 241.053, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 241.053. DENIAL OF APPLICATION, SUSPENSION, REVOCATION,
1-8 PROBATION, OR REISSUANCE OF LICENSE. (a) The department, after
1-9 providing notice and an opportunity for a hearing to the applicant
1-10 or license holder, may deny, suspend, or revoke a hospital's
1-11 license if the department finds that the hospital:
1-12 (1) failed to comply with:
1-13 (A) a provision of this chapter;
1-14 (B) a rule adopted under this chapter;
1-15 (C) a special license condition;
1-16 (D) an order or emergency order by the
1-17 commissioner of health; or
1-18 (E) another enforcement procedure permitted
1-19 under this chapter;
1-20 (2) has a history of noncompliance with the rules
1-21 adopted under this chapter relating to patient health, safety, and
1-22 rights which reflects more than nominal noncompliance; or
1-23 (3) has aided, abetted, or permitted the commission of
1-24 an illegal act.
1-25 (b) A hospital whose license is suspended or revoked may
2-1 apply to the department for the reissuance of a license. The
2-2 department may reissue the license if the department determines
2-3 that the hospital has corrected the conditions that led to the
2-4 suspension or revocation of the hospital's license, the initiation
2-5 of enforcement action against the hospital, the assessment of
2-6 administrative penalties, or the issuance of a court order
2-7 enjoining the hospital from violations or assessing civil penalties
2-8 against the hospital. A hospital whose license is suspended or
2-9 revoked may not admit new patients until the license is reissued.
2-10 (c) A hospital must apply for reissuance in the form and
2-11 manner required in the rules adopted under this chapter.
2-12 (d) Administrative hearings required under this section
2-13 shall be conducted under the board's formal hearing rules and the
2-14 contested case provisions of Chapter 2001, Government Code.
2-15 (e) Judicial review of a final decision by the department is
2-16 by trial de novo in the same manner as a case appealed from the
2-17 justice court to the county court. The substantial evidence rule
2-18 does not apply.
2-19 (f) If the department finds that a hospital is in repeated
2-20 noncompliance under Subsection (a) but that the noncompliance does
2-21 not endanger public health and safety, the department may schedule
2-22 the hospital for probation rather than suspending or revoking the
2-23 hospital's license. The department shall provide notice to the
2-24 hospital of the probation and of the items of noncompliance not
2-25 later than the 10th day before the date the probation period
2-26 begins. The department shall designate a period of not less than
3-1 30 days during which the hospital will remain under probation.
3-2 During the probation period, the hospital must correct the items
3-3 that were in noncompliance and report the corrections to the
3-4 department for approval.
3-5 (g) The department may suspend or revoke the license of a
3-6 hospital that does not correct items that were in noncompliance or
3-7 that does not comply with the applicable requirements within the
3-8 applicable probation period.
3-9 SECTION 2. Section 243.011, Health and Safety Code, is
3-10 amended to read as follows:
3-11 Sec. 243.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
3-12 OF LICENSE. (a) The department may deny, suspend, or revoke a
3-13 license for a violation of this chapter or a rule adopted under
3-14 this chapter.
3-15 (b) The denial, suspension, or revocation of a license by
3-16 the department and the appeal from that action are governed by the
3-17 procedures for a contested case hearing under Chapter 2001,
3-18 Government Code.
3-19 (c) If the department finds that an ambulatory surgical
3-20 center is in repeated noncompliance with this chapter or rules
3-21 adopted under this chapter but that the noncompliance does not
3-22 endanger public health and safety, the department may schedule the
3-23 center for probation rather than suspending or revoking the
3-24 center's license. The department shall provide notice to the
3-25 center of the probation and of the items of noncompliance not later
3-26 than the 10th day before the date the probation period begins. The
4-1 department shall designate a period of not less than 30 days during
4-2 which the center will remain under probation. During the probation
4-3 period, the center must correct the items that were in
4-4 noncompliance and report the corrections to the department for
4-5 approval.
4-6 (d) The department may suspend or revoke the license of an
4-7 ambulatory surgical center that does not correct items that were in
4-8 noncompliance or that does not comply with this chapter or the
4-9 rules adopted under this chapter within the applicable probation
4-10 period.
4-11 SECTION 3. Section 244.011, Health and Safety Code, is
4-12 amended to read as follows:
4-13 Sec. 244.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
4-14 OF LICENSE. (a) The department may deny, suspend, or revoke a
4-15 license for:
4-16 (1) a violation of this chapter or a rule adopted
4-17 under this chapter; or
4-18 (2) a history of continuing noncompliance with this
4-19 chapter or the rules adopted under this chapter.
4-20 (b) The denial, suspension, or revocation of a license by
4-21 the department and the appeal from that action are governed by the
4-22 procedures for a contested case hearing under Chapter 2001,
4-23 Government Code.
4-24 (c) If the department finds that a birthing center is in
4-25 repeated noncompliance under Subsection (a) but that the
4-26 noncompliance does not endanger public health and safety, the
5-1 department may schedule the center for probation rather than
5-2 suspending or revoking the center's license. The department shall
5-3 provide notice to the center of the probation and of the items of
5-4 noncompliance not later than the 10th day before the date the
5-5 probation period begins. The department shall designate a period
5-6 of not less than 30 days during which the center will remain under
5-7 probation. During the probation period, the center must correct
5-8 the items that were in noncompliance and report the corrections to
5-9 the department for approval.
5-10 (d) The department may suspend or revoke the license of a
5-11 birthing center that does not correct items that were in
5-12 noncompliance or that does not comply with the applicable
5-13 requirements within the applicable probation period.
5-14 SECTION 4. Section 245.012, Health and Safety Code, is
5-15 amended to read as follows:
5-16 Sec. 245.012. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
5-17 OF LICENSE. (a) The department may deny, suspend, or revoke a
5-18 license for a violation of this chapter or a rule adopted under
5-19 this chapter.
5-20 (b) The denial, suspension, or revocation of a license by
5-21 the department and the appeal from that action are governed by the
5-22 procedures for a contested case hearing under Chapter 2001,
5-23 Government Code.
5-24 (c) The department may immediately suspend or revoke a
5-25 license when the health and safety of persons are threatened. If
5-26 the department issues an order of immediate suspension or
6-1 revocation, the department shall immediately give the chief
6-2 executive officer of the abortion facility adequate notice of the
6-3 action and the procedure governing appeal of the action. A person
6-4 whose license is suspended or revoked under this subsection is
6-5 entitled to a hearing not later than the 14th day after the
6-6 effective date of the suspension or revocation.
6-7 (d) If the department finds that an abortion facility is in
6-8 repeated noncompliance with this chapter or rules adopted under
6-9 this chapter but that the noncompliance does not endanger public
6-10 health and safety, the department may schedule the facility for
6-11 probation rather than suspending or revoking the facility's
6-12 license. The department shall provide notice to the facility of
6-13 the probation and of the items of noncompliance not later than the
6-14 10th day before the date the probation period begins. The
6-15 department shall designate a period of not less than 30 days during
6-16 which the facility will remain under probation. During the
6-17 probation period, the facility must correct the items that were in
6-18 noncompliance and report the corrections to the department for
6-19 approval.
6-20 (e) The department may suspend or revoke the license of an
6-21 abortion facility that does not correct items that were in
6-22 noncompliance or that does not comply with this chapter or the
6-23 rules adopted under this chapter within the applicable probation
6-24 period.
6-25 SECTION 5. Section 248.051, Health and Safety Code, is
6-26 amended to read as follows:
7-1 Sec. 248.051. [LICENSE] DENIAL, SUSPENSION, PROBATION, OR
7-2 REVOCATION OF LICENSE. (a) The department may deny, revoke, or
7-3 suspend a license issued under this chapter for a violation of this
7-4 chapter or the rules adopted under this chapter.
7-5 (b) Except as provided by Section 248.052, the procedures by
7-6 which the department denies, revokes, or suspends a license and by
7-7 which those actions are appealed are governed by the department's
7-8 rules for a contested case hearing and by Chapter 2001, Government
7-9 Code.
7-10 (c) If the department finds that a special care facility is
7-11 in repeated noncompliance with this chapter or rules adopted under
7-12 this chapter but that the noncompliance does not endanger public
7-13 health and safety, the department may schedule the facility for
7-14 probation rather than suspending or revoking the facility's
7-15 license. The department shall provide notice to the facility of
7-16 the probation and of the items of noncompliance not later than the
7-17 10th day before the date the probation period begins. The
7-18 department shall designate a period of not less than 30 days during
7-19 which the facility will remain under probation. During the
7-20 probation period, the facility must correct the items that were in
7-21 noncompliance and report the corrections to the department for
7-22 approval.
7-23 (d) The department may suspend or revoke the license of a
7-24 special care facility that does not correct items that were in
7-25 noncompliance or that does not comply with this chapter or the
7-26 rules adopted under this chapter within the applicable probation
8-1 period.
8-2 SECTION 6. Section 251.062, Health and Safety Code, is
8-3 amended to read as follows:
8-4 Sec. 251.062. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
8-5 OF LICENSE. (a) The department may deny, suspend, or revoke a
8-6 license issued under this chapter for a violation of this chapter
8-7 or a rule adopted under this chapter.
8-8 (b) The denial, suspension, or revocation of a license by
8-9 the department and the appeal from that action are governed by the
8-10 procedures for a contested case hearing under Chapter 2001,
8-11 Government Code.
8-12 (c) If the department finds that an end stage renal disease
8-13 facility is in repeated noncompliance with this chapter or rules
8-14 adopted under this chapter but that the noncompliance does not
8-15 endanger public health and safety, the department may schedule the
8-16 facility for probation rather than suspending or revoking the
8-17 facility's license. The department shall provide notice to the
8-18 facility of the probation and of the items of noncompliance not
8-19 later than the 10th day before the date the probation period
8-20 begins. The department shall designate a period of not less than
8-21 30 days during which the facility will remain under probation.
8-22 During the probation period, the facility must correct the items
8-23 that were in noncompliance and report the corrections to the
8-24 department for approval.
8-25 (d) The department may suspend or revoke the license of an
8-26 end stage renal disease facility that does not correct items that
9-1 were in noncompliance or that does not comply with this chapter or
9-2 the rules adopted under this chapter within the applicable
9-3 probation period.
9-4 SECTION 7. Subchapter E, Chapter 251, Health and Safety
9-5 Code, is amended by adding Section 251.0621 to read as follows:
9-6 Sec. 251.0621. EMERGENCY SUSPENSION. The department may
9-7 issue an emergency order to suspend a license issued under this
9-8 chapter if the department has reasonable cause to believe that the
9-9 conduct of a license holder creates an immediate danger to the
9-10 public health and safety. An emergency suspension is effective
9-11 immediately without a hearing on notice to the license holder. On
9-12 written request of the license holder, the department shall conduct
9-13 a hearing not earlier than the 10th day or later than the 30th day
9-14 after the date the hearing request is received to determine if the
9-15 emergency suspension is to be continued, modified, or rescinded.
9-16 The hearing and any appeal are governed by the department's rules
9-17 for a contested case hearing and Chapter 2001, Government Code.
9-18 SECTION 8. Section 577.016, Health and Safety Code, is
9-19 amended to read as follows:
9-20 Sec. 577.016. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
9-21 OF LICENSE. (a) The department may deny, suspend, or revoke a
9-22 license if the department finds that the applicant or licensee has
9-23 substantially failed to comply with:
9-24 (1) department rules;
9-25 (2) this subtitle; or
9-26 (3) Chapters 104 and 225.
10-1 (b) The department must give the applicant or license holder
10-2 notice of the proposed action, an opportunity to demonstrate or
10-3 achieve compliance, and an opportunity for a hearing before taking
10-4 the action.
10-5 (c) The department may suspend a license for 10 days pending
10-6 a hearing if after an investigation the department finds that there
10-7 is an immediate threat to the health or safety of the patients or
10-8 employees of a private mental hospital or mental health facility
10-9 licensed under this chapter. The department may issue necessary
10-10 orders for the patients' welfare.
10-11 (d) The department shall send the license holder or
10-12 applicant a copy of the department's decision by registered mail.
10-13 If the department denies, suspends, or revokes a license, the
10-14 department shall include the findings and conclusions on which the
10-15 department based its decision.
10-16 (e) A license holder whose license is suspended or revoked
10-17 may not admit new patients until the license is reissued.
10-18 (f) If the department finds that a private mental hospital
10-19 or mental health facility is in repeated noncompliance under
10-20 Subsection (a) but that the noncompliance does not endanger public
10-21 health and safety, the department may schedule the hospital or
10-22 facility for probation rather than suspending or revoking the
10-23 license of the hospital or facility. The department shall provide
10-24 notice to the hospital or facility of the probation and of the
10-25 items of noncompliance not later than the 10th day before the date
10-26 the probation period begins. The department shall designate a
11-1 period of not less than 30 days during which the hospital or
11-2 facility will remain under probation. During the probation period,
11-3 the hospital or facility must correct the items that were in
11-4 noncompliance and report the corrections to the department for
11-5 approval.
11-6 (g) The department may suspend or revoke the license of a
11-7 private mental hospital or mental health facility that does not
11-8 comply with the applicable requirements within the applicable
11-9 probation period.
11-10 SECTION 9. This Act takes effect immediately if it receives
11-11 a vote of two-thirds of all the members elected to each house, as
11-12 provided by Section 39, Article III, Texas Constitution. If this
11-13 Act does not receive the vote necessary for immediate effect, this
11-14 Act takes effect September 1, 2001.
11-15 COMMITTEE AMENDMENT NO. 1
11-16 Amend S.B. 279 (engrossed version) as follows:
11-17 (1) Between the enacting clause and SECTION 1 of the bill
11-18 (page 1, between lines 4 and 5), insert the following appropriately
11-19 numbered section:
11-20 SECTION ____. Section 241.051, Health and Safety Code, is
11-21 amended by adding Subsection (f) to read as follows:
11-22 (f) Information obtained or compiled by the department in
11-23 connection with a complaint or investigation that is confidential
11-24 by law remains confidential and is not subject to disclosure under
11-25 Chapter 552, Government Code.
11-26 (2) Between SECTIONS 7 and 8 of the bill (page 9, between
12-1 lines 17 and 18), insert the following appropriately numbered
12-2 section:
12-3 SECTION ____. Section 577.013, Health and Safety Code, is
12-4 amended by adding Subsection (f) to read as follows:
12-5 (f) Information obtained or compiled by the department in
12-6 connection with a complaint or investigation that is confidential
12-7 by law remains confidential and is not subject to disclosure under
12-8 Chapter 552, Government Code.
12-9 (3) Strike SECTION 9 of the bill (page 11, lines 10 through
12-10 14), and substitute the following appropriately numbered sections:
12-11 SECTION ____. Sections 241.051(d) and (e) and 577.013(d) and
12-12 (e), Health and Safety Code, are repealed.
12-13 SECTION ____. (a) Except as provided by this section, this
12-14 Act takes effect immediately if it receives a vote of two-thirds of
12-15 all the members elected to each house, as provided by Section 39,
12-16 Article III, Texas Constitution. If this Act does not receive the
12-17 vote necessary for immediate effect, this Act takes effect
12-18 September 1, 2001.
12-19 (b) The changes in law made by this Act to Sections 241.051
12-20 and 577.013, Health and Safety Code, take effect September 1, 2001.
12-21 77R16790 GJH-D Gray