1-1 By: Nelson S.B. No. 279
1-2 (In the Senate - Filed January 18, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 19, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; February 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to sanctions imposed against certain facilities regulated
1-9 by the Texas Department of Health.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 241.053, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 241.053. DENIAL OF APPLICATION, SUSPENSION, REVOCATION,
1-14 PROBATION, OR REISSUANCE OF LICENSE. (a) The department, after
1-15 providing notice and an opportunity for a hearing to the applicant
1-16 or license holder, may deny, suspend, or revoke a hospital's
1-17 license if the department finds that the hospital:
1-18 (1) failed to comply with:
1-19 (A) a provision of this chapter;
1-20 (B) a rule adopted under this chapter;
1-21 (C) a special license condition;
1-22 (D) an order or emergency order by the
1-23 commissioner of health; or
1-24 (E) another enforcement procedure permitted
1-25 under this chapter;
1-26 (2) has a history of noncompliance with the rules
1-27 adopted under this chapter relating to patient health, safety, and
1-28 rights which reflects more than nominal noncompliance; or
1-29 (3) has aided, abetted, or permitted the commission of
1-30 an illegal act.
1-31 (b) A hospital whose license is suspended or revoked may
1-32 apply to the department for the reissuance of a license. The
1-33 department may reissue the license if the department determines
1-34 that the hospital has corrected the conditions that led to the
1-35 suspension or revocation of the hospital's license, the initiation
1-36 of enforcement action against the hospital, the assessment of
1-37 administrative penalties, or the issuance of a court order
1-38 enjoining the hospital from violations or assessing civil penalties
1-39 against the hospital. A hospital whose license is suspended or
1-40 revoked may not admit new patients until the license is reissued.
1-41 (c) A hospital must apply for reissuance in the form and
1-42 manner required in the rules adopted under this chapter.
1-43 (d) Administrative hearings required under this section
1-44 shall be conducted under the board's formal hearing rules and the
1-45 contested case provisions of Chapter 2001, Government Code.
1-46 (e) Judicial review of a final decision by the department is
1-47 by trial de novo in the same manner as a case appealed from the
1-48 justice court to the county court. The substantial evidence rule
1-49 does not apply.
1-50 (f) If the department finds that a hospital is in repeated
1-51 noncompliance under Subsection (a) but that the noncompliance does
1-52 not endanger public health and safety, the department may schedule
1-53 the hospital for probation rather than suspending or revoking the
1-54 hospital's license. The department shall provide notice to the
1-55 hospital of the probation and of the items of noncompliance not
1-56 later than the 10th day before the date the probation period
1-57 begins. The department shall designate a period of not less than
1-58 30 days during which the hospital will remain under probation.
1-59 During the probation period, the hospital must correct the items
1-60 that were in noncompliance and report the corrections to the
1-61 department for approval.
1-62 (g) The department may suspend or revoke the license of a
1-63 hospital that does not correct items that were in noncompliance or
1-64 that does not comply with the applicable requirements within the
2-1 applicable probation period.
2-2 SECTION 2. Section 243.011, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 243.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
2-5 OF LICENSE. (a) The department may deny, suspend, or revoke a
2-6 license for a violation of this chapter or a rule adopted under
2-7 this chapter.
2-8 (b) The denial, suspension, or revocation of a license by
2-9 the department and the appeal from that action are governed by the
2-10 procedures for a contested case hearing under Chapter 2001,
2-11 Government Code.
2-12 (c) If the department finds that an ambulatory surgical
2-13 center is in repeated noncompliance with this chapter or rules
2-14 adopted under this chapter but that the noncompliance does not
2-15 endanger public health and safety, the department may schedule the
2-16 center for probation rather than suspending or revoking the
2-17 center's license. The department shall provide notice to the
2-18 center of the probation and of the items of noncompliance not later
2-19 than the 10th day before the date the probation period begins. The
2-20 department shall designate a period of not less than 30 days during
2-21 which the center will remain under probation. During the probation
2-22 period, the center must correct the items that were in
2-23 noncompliance and report the corrections to the department for
2-24 approval.
2-25 (d) The department may suspend or revoke the license of an
2-26 ambulatory surgical center that does not correct items that were in
2-27 noncompliance or that does not comply with this chapter or the
2-28 rules adopted under this chapter within the applicable probation
2-29 period.
2-30 SECTION 3. Section 244.011, Health and Safety Code, is
2-31 amended to read as follows:
2-32 Sec. 244.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
2-33 OF LICENSE. (a) The department may deny, suspend, or revoke a
2-34 license for:
2-35 (1) a violation of this chapter or a rule adopted
2-36 under this chapter; or
2-37 (2) a history of continuing noncompliance with this
2-38 chapter or the rules adopted under this chapter.
2-39 (b) The denial, suspension, or revocation of a license by
2-40 the department and the appeal from that action are governed by the
2-41 procedures for a contested case hearing under Chapter 2001,
2-42 Government Code.
2-43 (c) If the department finds that a birthing center is in
2-44 repeated noncompliance under Subsection (a) but that the
2-45 noncompliance does not endanger public health and safety, the
2-46 department may schedule the center for probation rather than
2-47 suspending or revoking the center's license. The department shall
2-48 provide notice to the center of the probation and of the items of
2-49 noncompliance not later than the 10th day before the date the
2-50 probation period begins. The department shall designate a period
2-51 of not less than 30 days during which the center will remain under
2-52 probation. During the probation period, the center must correct
2-53 the items that were in noncompliance and report the corrections to
2-54 the department for approval.
2-55 (d) The department may suspend or revoke the license of a
2-56 birthing center that does not correct items that were in
2-57 noncompliance or that does not comply with the applicable
2-58 requirements within the applicable probation period.
2-59 SECTION 4. Section 245.012, Health and Safety Code, is
2-60 amended to read as follows:
2-61 Sec. 245.012. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
2-62 OF LICENSE. (a) The department may deny, suspend, or revoke a
2-63 license for a violation of this chapter or a rule adopted under
2-64 this chapter.
2-65 (b) The denial, suspension, or revocation of a license by
2-66 the department and the appeal from that action are governed by the
2-67 procedures for a contested case hearing under Chapter 2001,
2-68 Government Code.
2-69 (c) The department may immediately suspend or revoke a
3-1 license when the health and safety of persons are threatened. If
3-2 the department issues an order of immediate suspension or
3-3 revocation, the department shall immediately give the chief
3-4 executive officer of the abortion facility adequate notice of the
3-5 action and the procedure governing appeal of the action. A person
3-6 whose license is suspended or revoked under this subsection is
3-7 entitled to a hearing not later than the 14th day after the
3-8 effective date of the suspension or revocation.
3-9 (d) If the department finds that an abortion facility is in
3-10 repeated noncompliance with this chapter or rules adopted under
3-11 this chapter but that the noncompliance does not endanger public
3-12 health and safety, the department may schedule the facility for
3-13 probation rather than suspending or revoking the facility's
3-14 license. The department shall provide notice to the facility of
3-15 the probation and of the items of noncompliance not later than the
3-16 10th day before the date the probation period begins. The
3-17 department shall designate a period of not less than 30 days during
3-18 which the facility will remain under probation. During the
3-19 probation period, the facility must correct the items that were in
3-20 noncompliance and report the corrections to the department for
3-21 approval.
3-22 (e) The department may suspend or revoke the license of an
3-23 abortion facility that does not correct items that were in
3-24 noncompliance or that does not comply with this chapter or the
3-25 rules adopted under this chapter within the applicable probation
3-26 period.
3-27 SECTION 5. Section 248.051, Health and Safety Code, is
3-28 amended to read as follows:
3-29 Sec. 248.051. [LICENSE] DENIAL, SUSPENSION, PROBATION, OR
3-30 REVOCATION OF LICENSE. (a) The department may deny, revoke, or
3-31 suspend a license issued under this chapter for a violation of this
3-32 chapter or the rules adopted under this chapter.
3-33 (b) Except as provided by Section 248.052, the procedures by
3-34 which the department denies, revokes, or suspends a license and by
3-35 which those actions are appealed are governed by the department's
3-36 rules for a contested case hearing and by Chapter 2001, Government
3-37 Code.
3-38 (c) If the department finds that a special care facility is
3-39 in repeated noncompliance with this chapter or rules adopted under
3-40 this chapter but that the noncompliance does not endanger public
3-41 health and safety, the department may schedule the facility for
3-42 probation rather than suspending or revoking the facility's
3-43 license. The department shall provide notice to the facility of
3-44 the probation and of the items of noncompliance not later than the
3-45 10th day before the date the probation period begins. The
3-46 department shall designate a period of not less than 30 days during
3-47 which the facility will remain under probation. During the
3-48 probation period, the facility must correct the items that were in
3-49 noncompliance and report the corrections to the department for
3-50 approval.
3-51 (d) The department may suspend or revoke the license of a
3-52 special care facility that does not correct items that were in
3-53 noncompliance or that does not comply with this chapter or the
3-54 rules adopted under this chapter within the applicable probation
3-55 period.
3-56 SECTION 6. Section 251.062, Health and Safety Code, is
3-57 amended to read as follows:
3-58 Sec. 251.062. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
3-59 OF LICENSE. (a) The department may deny, suspend, or revoke a
3-60 license issued under this chapter for a violation of this chapter
3-61 or a rule adopted under this chapter.
3-62 (b) The denial, suspension, or revocation of a license by
3-63 the department and the appeal from that action are governed by the
3-64 procedures for a contested case hearing under Chapter 2001,
3-65 Government Code.
3-66 (c) If the department finds that an end stage renal disease
3-67 facility is in repeated noncompliance with this chapter or rules
3-68 adopted under this chapter but that the noncompliance does not
3-69 endanger public health and safety, the department may schedule the
4-1 facility for probation rather than suspending or revoking the
4-2 facility's license. The department shall provide notice to the
4-3 facility of the probation and of the items of noncompliance not
4-4 later than the 10th day before the date the probation period
4-5 begins. The department shall designate a period of not less than
4-6 30 days during which the facility will remain under probation.
4-7 During the probation period, the facility must correct the items
4-8 that were in noncompliance and report the corrections to the
4-9 department for approval.
4-10 (d) The department may suspend or revoke the license of an
4-11 end stage renal disease facility that does not correct items that
4-12 were in noncompliance or that does not comply with this chapter or
4-13 the rules adopted under this chapter within the applicable
4-14 probation period.
4-15 SECTION 7. Subchapter E, Chapter 251, Health and Safety
4-16 Code, is amended by adding Section 251.0621 to read as follows:
4-17 Sec. 251.0621. EMERGENCY SUSPENSION. The department may
4-18 issue an emergency order to suspend a license issued under this
4-19 chapter if the department has reasonable cause to believe that the
4-20 conduct of a license holder creates an immediate danger to the
4-21 public health and safety. An emergency suspension is effective
4-22 immediately without a hearing on notice to the license holder. On
4-23 written request of the license holder, the department shall conduct
4-24 a hearing not earlier than the 10th day or later than the 30th day
4-25 after the date the hearing request is received to determine if the
4-26 emergency suspension is to be continued, modified, or rescinded.
4-27 The hearing and any appeal are governed by the department's rules
4-28 for a contested case hearing and Chapter 2001, Government Code.
4-29 SECTION 8. Section 577.016, Health and Safety Code, is
4-30 amended to read as follows:
4-31 Sec. 577.016. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
4-32 OF LICENSE. (a) The department may deny, suspend, or revoke a
4-33 license if the department finds that the applicant or licensee has
4-34 substantially failed to comply with:
4-35 (1) department rules;
4-36 (2) this subtitle; or
4-37 (3) Chapters 104 and 225.
4-38 (b) The department must give the applicant or license holder
4-39 notice of the proposed action, an opportunity to demonstrate or
4-40 achieve compliance, and an opportunity for a hearing before taking
4-41 the action.
4-42 (c) The department may suspend a license for 10 days pending
4-43 a hearing if after an investigation the department finds that there
4-44 is an immediate threat to the health or safety of the patients or
4-45 employees of a private mental hospital or mental health facility
4-46 licensed under this chapter. The department may issue necessary
4-47 orders for the patients' welfare.
4-48 (d) The department shall send the license holder or
4-49 applicant a copy of the department's decision by registered mail.
4-50 If the department denies, suspends, or revokes a license, the
4-51 department shall include the findings and conclusions on which the
4-52 department based its decision.
4-53 (e) A license holder whose license is suspended or revoked
4-54 may not admit new patients until the license is reissued.
4-55 (f) If the department finds that a private mental hospital
4-56 or mental health facility is in repeated noncompliance under
4-57 Subsection (a) but that the noncompliance does not endanger public
4-58 health and safety, the department may schedule the hospital or
4-59 facility for probation rather than suspending or revoking the
4-60 license of the hospital or facility. The department shall provide
4-61 notice to the hospital or facility of the probation and of the
4-62 items of noncompliance not later than the 10th day before the date
4-63 the probation period begins. The department shall designate a
4-64 period of not less than 30 days during which the hospital or
4-65 facility will remain under probation. During the probation period,
4-66 the hospital or facility must correct the items that were in
4-67 noncompliance and report the corrections to the department for
4-68 approval.
4-69 (g) The department may suspend or revoke the license of a
5-1 private mental hospital or mental health facility that does not
5-2 comply with the applicable requirements within the applicable
5-3 probation period.
5-4 SECTION 9. This Act takes effect immediately if it receives
5-5 a vote of two-thirds of all the members elected to each house, as
5-6 provided by Section 39, Article III, Texas Constitution. If this
5-7 Act does not receive the vote necessary for immediate effect, this
5-8 Act takes effect September 1, 2001.
5-9 * * * * *