By Nelson S.B. No. 279
77R3394 YDB-D
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.
2-1 (b) A hospital whose license is suspended or revoked may
2-2 apply to the department for the reissuance of a license. The
2-3 department may reissue the license if the department determines
2-4 that the hospital has corrected the conditions that led to the
2-5 suspension or revocation of the hospital's license, the initiation
2-6 of enforcement action against the hospital, the assessment of
2-7 administrative penalties, or the issuance of a court order
2-8 enjoining the hospital from violations or assessing civil penalties
2-9 against the hospital. A hospital whose license is suspended or
2-10 revoked may not admit new patients until the license is reissued.
2-11 (c) A hospital must apply for reissuance in the form and
2-12 manner required in the rules adopted under this chapter.
2-13 (d) Administrative hearings required under this section
2-14 shall be conducted under the board's formal hearing rules and the
2-15 contested case provisions of Chapter 2001, Government Code.
2-16 (e) Judicial review of a final decision by the department is
2-17 by trial de novo in the same manner as a case appealed from the
2-18 justice court to the county court. The substantial evidence rule
2-19 does not apply.
2-20 (f) If the department finds that a hospital is in repeated
2-21 noncompliance under Subsection (a) but that the noncompliance does
2-22 not endanger public health and safety, the department may schedule
2-23 the hospital for probation rather than suspending or revoking the
2-24 hospital's license. The department shall provide notice to the
2-25 hospital of the probation and of the items of noncompliance not
2-26 later than the 10th day before the date the probation period
2-27 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
3-27 department shall designate a period of not less than 30 days during
4-1 which the center will remain under probation. During the probation
4-2 period, the center must correct the items that were in
4-3 noncompliance and report the corrections to the department for
4-4 approval.
4-5 (d) The department may suspend or revoke the license of an
4-6 ambulatory surgical center that does not correct items that were in
4-7 noncompliance or that does not comply with this chapter or the
4-8 rules adopted under this chapter within the applicable probation
4-9 period.
4-10 SECTION 3. Section 244.011, Health and Safety Code, is
4-11 amended to read as follows:
4-12 Sec. 244.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
4-13 OF LICENSE. (a) The department may deny, suspend, or revoke a
4-14 license for:
4-15 (1) a violation of this chapter or a rule adopted
4-16 under this chapter; or
4-17 (2) a history of continuing noncompliance with this
4-18 chapter or the rules adopted under this chapter.
4-19 (b) The denial, suspension, or revocation of a license by
4-20 the department and the appeal from that action are governed by the
4-21 procedures for a contested case hearing under Chapter 2001,
4-22 Government Code.
4-23 (c) If the department finds that a birthing center is in
4-24 repeated noncompliance under Subsection (a) but that the
4-25 noncompliance does not endanger public health and safety, the
4-26 department may schedule the center for probation rather than
4-27 suspending or revoking the center's license. The department shall
5-1 provide notice to the center of the probation and of the items of
5-2 noncompliance not later than the 10th day before the date the
5-3 probation period begins. The department shall designate a period
5-4 of not less than 30 days during which the center will remain under
5-5 probation. During the probation period, the center must correct
5-6 the items that were in noncompliance and report the corrections to
5-7 the department for approval.
5-8 (d) The department may suspend or revoke the license of a
5-9 birthing center that does not correct items that were in
5-10 noncompliance or that does not comply with the applicable
5-11 requirements within the applicable probation period.
5-12 SECTION 4. Section 245.012, Health and Safety Code, is
5-13 amended to read as follows:
5-14 Sec. 245.012. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
5-15 OF LICENSE. (a) The department may deny, suspend, or revoke a
5-16 license for a violation of this chapter or a rule adopted under
5-17 this chapter.
5-18 (b) The denial, suspension, or revocation of a license by
5-19 the department and the appeal from that action are governed by the
5-20 procedures for a contested case hearing under Chapter 2001,
5-21 Government Code.
5-22 (c) The department may immediately suspend or revoke a
5-23 license when the health and safety of persons are threatened. If
5-24 the department issues an order of immediate suspension or
5-25 revocation, the department shall immediately give the chief
5-26 executive officer of the abortion facility adequate notice of the
5-27 action and the procedure governing appeal of the action. A person
6-1 whose license is suspended or revoked under this subsection is
6-2 entitled to a hearing not later than the 14th day after the
6-3 effective date of the suspension or revocation.
6-4 (d) If the department finds that an abortion facility is in
6-5 repeated noncompliance with this chapter or rules adopted under
6-6 this chapter but that the noncompliance does not endanger public
6-7 health and safety, the department may schedule the facility for
6-8 probation rather than suspending or revoking the facility's
6-9 license. The department shall provide notice to the facility of
6-10 the probation and of the items of noncompliance not later than the
6-11 10th day before the date the probation period begins. The
6-12 department shall designate a period of not less than 30 days during
6-13 which the facility will remain under probation. During the
6-14 probation period, the facility must correct the items that were in
6-15 noncompliance and report the corrections to the department for
6-16 approval.
6-17 (e) The department may suspend or revoke the license of an
6-18 abortion facility that does not correct items that were in
6-19 noncompliance or that does not comply with this chapter or the
6-20 rules adopted under this chapter within the applicable probation
6-21 period.
6-22 SECTION 5. Section 248.051, Health and Safety Code, is
6-23 amended to read as follows:
6-24 Sec. 248.051. [LICENSE] DENIAL, SUSPENSION, PROBATION, OR
6-25 REVOCATION OF LICENSE. (a) The department may deny, revoke, or
6-26 suspend a license issued under this chapter for a violation of this
6-27 chapter or the rules adopted under this chapter.
7-1 (b) Except as provided by Section 248.052, the procedures by
7-2 which the department denies, revokes, or suspends a license and by
7-3 which those actions are appealed are governed by the department's
7-4 rules for a contested case hearing and by Chapter 2001, Government
7-5 Code.
7-6 (c) If the department finds that a special care facility is
7-7 in repeated noncompliance with this chapter or rules adopted under
7-8 this chapter but that the noncompliance does not endanger public
7-9 health and safety, the department may schedule the facility for
7-10 probation rather than suspending or revoking the facility's
7-11 license. The department shall provide notice to the facility of
7-12 the probation and of the items of noncompliance not later than the
7-13 10th day before the date the probation period begins. The
7-14 department shall designate a period of not less than 30 days during
7-15 which the facility will remain under probation. During the
7-16 probation period, the facility must correct the items that were in
7-17 noncompliance and report the corrections to the department for
7-18 approval.
7-19 (d) The department may suspend or revoke the license of a
7-20 special care facility that does not correct items that were in
7-21 noncompliance or that does not comply with this chapter or the
7-22 rules adopted under this chapter within the applicable probation
7-23 period.
7-24 SECTION 6. Section 251.062, Health and Safety Code, is
7-25 amended to read as follows:
7-26 Sec. 251.062. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
7-27 OF LICENSE. (a) The department may deny, suspend, or revoke a
8-1 license issued under this chapter for a violation of this chapter
8-2 or a rule adopted under this chapter.
8-3 (b) The denial, suspension, or revocation of a license by
8-4 the department and the appeal from that action are governed by the
8-5 procedures for a contested case hearing under Chapter 2001,
8-6 Government Code.
8-7 (c) If the department finds that an end stage renal disease
8-8 facility is in repeated noncompliance with this chapter or rules
8-9 adopted under this chapter but that the noncompliance does not
8-10 endanger public health and safety, the department may schedule the
8-11 facility for probation rather than suspending or revoking the
8-12 facility's license. The department shall provide notice to the
8-13 facility of the probation and of the items of noncompliance not
8-14 later than the 10th day before the date the probation period
8-15 begins. The department shall designate a period of not less than
8-16 30 days during which the facility will remain under probation.
8-17 During the probation period, the facility must correct the items
8-18 that were in noncompliance and report the corrections to the
8-19 department for approval.
8-20 (d) The department may suspend or revoke the license of an
8-21 end stage renal disease facility that does not correct items that
8-22 were in noncompliance or that does not comply with this chapter or
8-23 the rules adopted under this chapter within the applicable
8-24 probation period.
8-25 SECTION 7. Subchapter E, Chapter 251, Health and Safety Code,
8-26 is amended by adding Section 251.0621 to read as follows:
8-27 Sec. 251.0621. EMERGENCY SUSPENSION. The department may
9-1 issue an emergency order to suspend a license issued under this
9-2 chapter if the department has reasonable cause to believe that the
9-3 conduct of a license holder creates an immediate danger to the
9-4 public health and safety. An emergency suspension is effective
9-5 immediately without a hearing on notice to the license holder. On
9-6 written request of the license holder, the department shall conduct
9-7 a hearing not earlier than the 10th day or later than the 30th day
9-8 after the date the hearing request is received to determine if the
9-9 emergency suspension is to be continued, modified, or rescinded.
9-10 The hearing and any appeal are governed by the department's rules
9-11 for a contested case hearing and Chapter 2001, Government Code.
9-12 SECTION 8. Section 577.016, Health and Safety Code, is
9-13 amended to read as follows:
9-14 Sec. 577.016. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
9-15 OF LICENSE. (a) The department may deny, suspend, or revoke a
9-16 license if the department finds that the applicant or licensee has
9-17 substantially failed to comply with:
9-18 (1) department rules;
9-19 (2) this subtitle; or
9-20 (3) Chapters 104 and 225.
9-21 (b) The department must give the applicant or license holder
9-22 notice of the proposed action, an opportunity to demonstrate or
9-23 achieve compliance, and an opportunity for a hearing before taking
9-24 the action.
9-25 (c) The department may suspend a license for 10 days pending
9-26 a hearing if after an investigation the department finds that there
9-27 is an immediate threat to the health or safety of the patients or
10-1 employees of a private mental hospital or mental health facility
10-2 licensed under this chapter. The department may issue necessary
10-3 orders for the patients' welfare.
10-4 (d) The department shall send the license holder or
10-5 applicant a copy of the department's decision by registered mail.
10-6 If the department denies, suspends, or revokes a license, the
10-7 department shall include the findings and conclusions on which the
10-8 department based its decision.
10-9 (e) A license holder whose license is suspended or revoked
10-10 may not admit new patients until the license is reissued.
10-11 (f) If the department finds that a private mental hospital
10-12 or mental health facility is in repeated noncompliance under
10-13 Subsection (a) but that the noncompliance does not endanger public
10-14 health and safety, the department may schedule the hospital or
10-15 facility for probation rather than suspending or revoking the
10-16 license of the hospital or facility. The department shall provide
10-17 notice to the hospital or facility of the probation and of the
10-18 items of noncompliance not later than the 10th day before the date
10-19 the probation period begins. The department shall designate a
10-20 period of not less than 30 days during which the hospital or
10-21 facility will remain under probation. During the probation period,
10-22 the hospital or facility must correct the items that were in
10-23 noncompliance and report the corrections to the department for
10-24 approval.
10-25 (g) The department may suspend or revoke the license of a
10-26 private mental hospital or mental health facility that does not
10-27 comply with the applicable requirements within the applicable
11-1 probation period.
11-2 SECTION 9. This Act takes effect immediately if it receives
11-3 a vote of two-thirds of all the members elected to each house, as
11-4 provided by Section 39, Article III, Texas Constitution. If this
11-5 Act does not receive the vote necessary for immediate effect, this
11-6 Act takes effect September 1, 2001.