78(R) SB 162 - House Committee Report version


                                                                                



By:  Nelson                                                       S.B. No. 162


A BILL TO BE ENTITLED

AN ACT

relating to sanctions imposed against certain facilities by the 
Texas Department of Health.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 241.053, Health and 
Safety Code, is amended to read as follows:
	Sec. 241.053.  DENIAL OF APPLICATION, SUSPENSION, 
REVOCATION, PROBATION, OR REISSUANCE OF LICENSE.  
	SECTION 2.  Section 241.053, Health and Safety Code, is 
amended by adding Subsections (f) and (g) to read as follows:
	(f)  If the department finds that a hospital is in repeated 
noncompliance under Subsection (a) but that the noncompliance does 
not endanger public health and safety, the department may schedule 
the hospital for probation rather than suspending or revoking the 
hospital's license.  The department shall provide notice to the 
hospital of the probation and of the items of noncompliance not 
later than the 10th day before the date the probation period begins.  
The department shall designate a period of not less than 30 days 
during which the hospital will remain under probation.  During the 
probation period, the hospital must correct the items that were in 
noncompliance and report the corrections to the department for 
approval.
	(g)  The department may suspend or revoke the license of a 
hospital that does not correct items that were in noncompliance or 
that does not comply with the applicable requirements within the 
applicable probation period.
	SECTION 3.  The heading to Section 243.011, Health and 
Safety Code, is amended to read as follows:
	Sec. 243.011.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION 
OF LICENSE.
	SECTION 4.  Section 243.011, Health and Safety Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  If the department finds that an ambulatory surgical 
center is in repeated noncompliance with this chapter or rules 
adopted under this chapter but that the noncompliance does not 
endanger public health and safety, the department may schedule the 
center for probation rather than suspending or revoking the 
center's license.  The department shall provide notice to the 
center of the probation and of the items of noncompliance not later 
than the 10th day before the date the probation period begins.  The 
department shall designate a period of not less than 30 days during 
which the center will remain under probation.  During the probation 
period, the center must correct the items that were in 
noncompliance and report the corrections to the department for 
approval.
	(d)  The department may suspend or revoke the license of an 
ambulatory surgical center that does not correct items that were in 
noncompliance or that does not comply with this chapter or the rules 
adopted under this chapter within the applicable probation period.
	SECTION 5.  The heading to Section 244.011, Health and 
Safety Code, is amended to read as follows:
	Sec. 244.011.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION 
OF LICENSE.  
	SECTION 6.  Section 244.011, Health and Safety Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  If the department finds that a birthing center is in 
repeated noncompliance under Subsection (a) but that the 
noncompliance does not endanger public health and safety, the 
department may schedule the center for probation rather than 
suspending or revoking the center's license.  The department shall 
provide notice to the center of the probation and of the items of 
noncompliance not later than the 10th day before the date the 
probation period begins.  The department shall designate a period 
of not less than 30 days during which the center will remain under 
probation.  During the probation period, the center must correct 
the items that were in noncompliance and report the corrections to 
the department for approval.
	(d)  The department may suspend or revoke the license of a 
birthing center that does not correct items that were in 
noncompliance or that does not comply with the applicable 
requirements within the applicable probation period.
	SECTION 7.  The heading to Section 245.012, Health and 
Safety Code, is amended to read as follows:
	Sec. 245.012.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION 
OF LICENSE.
	SECTION 8.  Section 245.012, Health and Safety Code, is 
amended by adding Subsections (d) and (e) to read as follows:
	(d)  If the department finds that an abortion facility is in 
repeated noncompliance with this chapter or rules adopted under 
this chapter but that the noncompliance does not endanger public 
health and safety, the department may schedule the facility for 
probation rather than suspending or revoking the facility's 
license.  The department shall provide notice to the facility of the 
probation and of the items of noncompliance not later than the 10th 
day before the date the probation period begins.  The department 
shall designate a period of not less than 30 days during which the 
facility will remain under probation.  During the probation period, 
the facility must correct the items that were in noncompliance and 
report the corrections to the department for approval.
	(e)  The department may suspend or revoke the license of an 
abortion facility that does not correct items that were in 
noncompliance or that does not comply with this chapter or the rules 
adopted under this chapter within the applicable probation period.
	SECTION 9.  The heading to Section 248.051, Health and 
Safety Code, is amended to read as follows:
	Sec. 248.051.  [LICENSE] DENIAL, SUSPENSION, PROBATION, OR 
REVOCATION OF LICENSE.  
	SECTION 10.  Section 248.051, Health and Safety Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  If the department finds that a special care facility is 
in repeated noncompliance with this chapter or rules adopted under 
this chapter but that the noncompliance does not endanger public 
health and safety, the department may schedule the facility for 
probation rather than suspending or revoking the facility's 
license.  The department shall provide notice to the facility of the 
probation and of the items of noncompliance not later than the 10th 
day before the date the probation period begins.  The department 
shall designate a period of not less than 30 days during which the 
facility will remain under probation.  During the probation period, 
the facility must correct the items that were in noncompliance and 
report the corrections to the department for approval.
	(d)  The department may suspend or revoke the license of a 
special care facility that does not correct items that were in 
noncompliance or that does not comply with this chapter or the rules 
adopted under this chapter within the applicable probation period.
	SECTION 11.  The heading to Section 251.062, Health and 
Safety Code, is amended to read as follows:
	Sec. 251.062.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION 
OF LICENSE.  
	SECTION 12.  Section 251.062, Health and Safety Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  If the department finds that an end stage renal disease 
facility is in repeated noncompliance with this chapter or rules 
adopted under this chapter but that the noncompliance does not 
endanger public health and safety, the department may schedule the 
facility for probation rather than suspending or revoking the 
facility's license.  The department shall provide notice to the 
facility of the probation and of the items of noncompliance not 
later than the 10th day before the date the probation period begins.  
The department shall designate a period of not less than 30 days 
during which the facility will remain under probation.  During the 
probation period, the facility must correct the items that were in 
noncompliance and report the corrections to the department for 
approval.
	(d)  The department may suspend or revoke the license of an 
end stage renal disease facility that does not correct items that 
were in noncompliance or that does not comply with this chapter or 
the rules adopted under this chapter within the applicable 
probation period.
	SECTION 13.  Subchapter E, Chapter 251, Health and Safety 
Code, is amended by adding Section 251.0621 to read as follows:
	Sec. 251.0621.  EMERGENCY SUSPENSION.  The department may 
issue an emergency order to suspend a license issued under this 
chapter if the department has reasonable cause to believe that the 
conduct of a license holder creates an immediate danger to the 
public health and safety.  An emergency suspension is effective 
immediately without a hearing on notice to the license holder.  On 
written request of the license holder, the department shall conduct 
a hearing not earlier than the 10th day or later than the 30th day 
after the date the hearing request is received to determine if the 
emergency suspension is to be continued, modified, or rescinded.  
The hearing and any appeal are governed by the department's rules 
for a contested case hearing and Chapter 2001, Government Code.
	SECTION 14.  The heading to Section 577.016, Health and 
Safety Code, is amended to read as follows:
	Sec. 577.016.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION 
OF LICENSE.  
	SECTION 15.  Section 577.016, Health and Safety Code, is 
amended by adding Subsections (f) and (g) to read as follows:
	(f)  If the department finds that a private mental hospital 
or mental health facility is in repeated noncompliance under 
Subsection (a) but that the noncompliance does not endanger public 
health and safety, the department may schedule the hospital or 
facility for probation rather than suspending or revoking the 
license of the hospital or facility.  The department shall provide 
notice to the hospital or facility of the probation and of the items 
of noncompliance not later than the 10th day before the date the 
probation period begins.  The department shall designate a period 
of not less than 30 days during which the hospital or facility will 
remain under probation.  During the probation period, the hospital 
or facility must correct the items that were in noncompliance and 
report the corrections to the department for approval.
	(g)  The department may suspend or revoke the license of a 
private mental hospital or mental health facility that does not 
comply with the applicable requirements within the applicable 
probation period.
	SECTION 16.  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas 
Constitution.  If this Act does not receive the vote necessary for 
immediate effect, this Act takes effect September 1, 2003.