1-1 AN ACT
1-2 relating to sanctions imposed against, and confidential information
1-3 regarding, certain facilities regulated by the Texas Department of
1-4 Health.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 241.051, Health and Safety Code, is
1-7 amended by adding Subsection (f) to read as follows:
1-8 (f) Information obtained or compiled by the department in
1-9 connection with a complaint or investigation that is confidential
1-10 by law remains confidential and is not subject to disclosure under
1-11 Chapter 552, Government Code.
1-12 SECTION 2. Section 241.053, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 241.053. DENIAL OF APPLICATION, SUSPENSION, REVOCATION,
1-15 PROBATION, OR REISSUANCE OF LICENSE. (a) The department, after
1-16 providing notice and an opportunity for a hearing to the applicant
1-17 or license holder, may deny, suspend, or revoke a hospital's
1-18 license if the department finds that the hospital:
1-19 (1) failed to comply with:
1-20 (A) a provision of this chapter;
1-21 (B) a rule adopted under this chapter;
1-22 (C) a special license condition;
1-23 (D) an order or emergency order by the
1-24 commissioner of health; or
1-25 (E) another enforcement procedure permitted
2-1 under this chapter;
2-2 (2) has a history of noncompliance with the rules
2-3 adopted under this chapter relating to patient health, safety, and
2-4 rights which reflects more than nominal noncompliance; or
2-5 (3) has aided, abetted, or permitted the commission of
2-6 an illegal act.
2-7 (b) A hospital whose license is suspended or revoked may
2-8 apply to the department for the reissuance of a license. The
2-9 department may reissue the license if the department determines
2-10 that the hospital has corrected the conditions that led to the
2-11 suspension or revocation of the hospital's license, the initiation
2-12 of enforcement action against the hospital, the assessment of
2-13 administrative penalties, or the issuance of a court order
2-14 enjoining the hospital from violations or assessing civil penalties
2-15 against the hospital. A hospital whose license is suspended or
2-16 revoked may not admit new patients until the license is reissued.
2-17 (c) A hospital must apply for reissuance in the form and
2-18 manner required in the rules adopted under this chapter.
2-19 (d) Administrative hearings required under this section
2-20 shall be conducted under the board's formal hearing rules and the
2-21 contested case provisions of Chapter 2001, Government Code.
2-22 (e) Judicial review of a final decision by the department is
2-23 by trial de novo in the same manner as a case appealed from the
2-24 justice court to the county court. The substantial evidence rule
2-25 does not apply.
2-26 (f) If the department finds that a hospital is in repeated
3-1 noncompliance under Subsection (a) but that the noncompliance does
3-2 not endanger public health and safety, the department may schedule
3-3 the hospital for probation rather than suspending or revoking the
3-4 hospital's license. The department shall provide notice to the
3-5 hospital of the probation and of the items of noncompliance not
3-6 later than the 10th day before the date the probation period
3-7 begins. The department shall designate a period of not less than
3-8 30 days during which the hospital will remain under probation.
3-9 During the probation period, the hospital must correct the items
3-10 that were in noncompliance and report the corrections to the
3-11 department for approval.
3-12 (g) The department may suspend or revoke the license of a
3-13 hospital that does not correct items that were in noncompliance or
3-14 that does not comply with the applicable requirements within the
3-15 applicable probation period.
3-16 SECTION 3. Section 243.011, Health and Safety Code, is
3-17 amended to read as follows:
3-18 Sec. 243.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
3-19 OF LICENSE. (a) The department may deny, suspend, or revoke a
3-20 license for a violation of this chapter or a rule adopted under
3-21 this chapter.
3-22 (b) The denial, suspension, or revocation of a license by
3-23 the department and the appeal from that action are governed by the
3-24 procedures for a contested case hearing under Chapter 2001,
3-25 Government Code.
3-26 (c) If the department finds that an ambulatory surgical
4-1 center is in repeated noncompliance with this chapter or rules
4-2 adopted under this chapter but that the noncompliance does not
4-3 endanger public health and safety, the department may schedule the
4-4 center for probation rather than suspending or revoking the
4-5 center's license. The department shall provide notice to the
4-6 center of the probation and of the items of noncompliance not later
4-7 than the 10th day before the date the probation period begins. The
4-8 department shall designate a period of not less than 30 days during
4-9 which the center will remain under probation. During the probation
4-10 period, the center must correct the items that were in
4-11 noncompliance and report the corrections to the department for
4-12 approval.
4-13 (d) The department may suspend or revoke the license of an
4-14 ambulatory surgical center that does not correct items that were in
4-15 noncompliance or that does not comply with this chapter or the
4-16 rules adopted under this chapter within the applicable probation
4-17 period.
4-18 SECTION 4. Section 244.011, Health and Safety Code, is
4-19 amended to read as follows:
4-20 Sec. 244.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
4-21 OF LICENSE. (a) The department may deny, suspend, or revoke a
4-22 license for:
4-23 (1) a violation of this chapter or a rule adopted
4-24 under this chapter; or
4-25 (2) a history of continuing noncompliance with this
4-26 chapter or the rules adopted under this chapter.
5-1 (b) The denial, suspension, or revocation of a license by
5-2 the department and the appeal from that action are governed by the
5-3 procedures for a contested case hearing under Chapter 2001,
5-4 Government Code.
5-5 (c) If the department finds that a birthing center is in
5-6 repeated noncompliance under Subsection (a) but that the
5-7 noncompliance does not endanger public health and safety, the
5-8 department may schedule the center for probation rather than
5-9 suspending or revoking the center's license. The department shall
5-10 provide notice to the center of the probation and of the items of
5-11 noncompliance not later than the 10th day before the date the
5-12 probation period begins. The department shall designate a period
5-13 of not less than 30 days during which the center will remain under
5-14 probation. During the probation period, the center must correct
5-15 the items that were in noncompliance and report the corrections to
5-16 the department for approval.
5-17 (d) The department may suspend or revoke the license of a
5-18 birthing center that does not correct items that were in
5-19 noncompliance or that does not comply with the applicable
5-20 requirements within the applicable probation period.
5-21 SECTION 5. Section 245.012, Health and Safety Code, is
5-22 amended to read as follows:
5-23 Sec. 245.012. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
5-24 OF LICENSE. (a) The department may deny, suspend, or revoke a
5-25 license for a violation of this chapter or a rule adopted under
5-26 this chapter.
6-1 (b) The denial, suspension, or revocation of a license by
6-2 the department and the appeal from that action are governed by the
6-3 procedures for a contested case hearing under Chapter 2001,
6-4 Government Code.
6-5 (c) The department may immediately suspend or revoke a
6-6 license when the health and safety of persons are threatened. If
6-7 the department issues an order of immediate suspension or
6-8 revocation, the department shall immediately give the chief
6-9 executive officer of the abortion facility adequate notice of the
6-10 action and the procedure governing appeal of the action. A person
6-11 whose license is suspended or revoked under this subsection is
6-12 entitled to a hearing not later than the 14th day after the
6-13 effective date of the suspension or revocation.
6-14 (d) If the department finds that an abortion facility is in
6-15 repeated noncompliance with this chapter or rules adopted under
6-16 this chapter but that the noncompliance does not endanger public
6-17 health and safety, the department may schedule the facility for
6-18 probation rather than suspending or revoking the facility's
6-19 license. The department shall provide notice to the facility of
6-20 the probation and of the items of noncompliance not later than the
6-21 10th day before the date the probation period begins. The
6-22 department shall designate a period of not less than 30 days during
6-23 which the facility will remain under probation. During the
6-24 probation period, the facility must correct the items that were in
6-25 noncompliance and report the corrections to the department for
6-26 approval.
7-1 (e) The department may suspend or revoke the license of an
7-2 abortion facility that does not correct items that were in
7-3 noncompliance or that does not comply with this chapter or the
7-4 rules adopted under this chapter within the applicable probation
7-5 period.
7-6 SECTION 6. Section 248.051, Health and Safety Code, is
7-7 amended to read as follows:
7-8 Sec. 248.051. [LICENSE] DENIAL, SUSPENSION, PROBATION, OR
7-9 REVOCATION OF LICENSE. (a) The department may deny, revoke, or
7-10 suspend a license issued under this chapter for a violation of this
7-11 chapter or the rules adopted under this chapter.
7-12 (b) Except as provided by Section 248.052, the procedures by
7-13 which the department denies, revokes, or suspends a license and by
7-14 which those actions are appealed are governed by the department's
7-15 rules for a contested case hearing and by Chapter 2001, Government
7-16 Code.
7-17 (c) If the department finds that a special care facility is
7-18 in repeated noncompliance with this chapter or rules adopted under
7-19 this chapter but that the noncompliance does not endanger public
7-20 health and safety, the department may schedule the facility for
7-21 probation rather than suspending or revoking the facility's
7-22 license. The department shall provide notice to the facility of
7-23 the probation and of the items of noncompliance not later than the
7-24 10th day before the date the probation period begins. The
7-25 department shall designate a period of not less than 30 days during
7-26 which the facility will remain under probation. During the
8-1 probation period, the facility must correct the items that were in
8-2 noncompliance and report the corrections to the department for
8-3 approval.
8-4 (d) The department may suspend or revoke the license of a
8-5 special care facility that does not correct items that were in
8-6 noncompliance or that does not comply with this chapter or the
8-7 rules adopted under this chapter within the applicable probation
8-8 period.
8-9 SECTION 7. Section 251.062, Health and Safety Code, is
8-10 amended to read as follows:
8-11 Sec. 251.062. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
8-12 OF LICENSE. (a) The department may deny, suspend, or revoke a
8-13 license issued under this chapter for a violation of this chapter
8-14 or a rule adopted under this chapter.
8-15 (b) The denial, suspension, or revocation of a license by
8-16 the department and the appeal from that action are governed by the
8-17 procedures for a contested case hearing under Chapter 2001,
8-18 Government Code.
8-19 (c) If the department finds that an end stage renal disease
8-20 facility is in repeated noncompliance with this chapter or rules
8-21 adopted under this chapter but that the noncompliance does not
8-22 endanger public health and safety, the department may schedule the
8-23 facility for probation rather than suspending or revoking the
8-24 facility's license. The department shall provide notice to the
8-25 facility of the probation and of the items of noncompliance not
8-26 later than the 10th day before the date the probation period
9-1 begins. The department shall designate a period of not less than
9-2 30 days during which the facility will remain under probation.
9-3 During the probation period, the facility must correct the items
9-4 that were in noncompliance and report the corrections to the
9-5 department for approval.
9-6 (d) The department may suspend or revoke the license of an
9-7 end stage renal disease facility that does not correct items that
9-8 were in noncompliance or that does not comply with this chapter or
9-9 the rules adopted under this chapter within the applicable
9-10 probation period.
9-11 SECTION 8. Subchapter E, Chapter 251, Health and Safety
9-12 Code, is amended by adding Section 251.0621 to read as follows:
9-13 Sec. 251.0621. EMERGENCY SUSPENSION. The department may
9-14 issue an emergency order to suspend a license issued under this
9-15 chapter if the department has reasonable cause to believe that the
9-16 conduct of a license holder creates an immediate danger to the
9-17 public health and safety. An emergency suspension is effective
9-18 immediately without a hearing on notice to the license holder. On
9-19 written request of the license holder, the department shall conduct
9-20 a hearing not earlier than the 10th day or later than the 30th day
9-21 after the date the hearing request is received to determine if the
9-22 emergency suspension is to be continued, modified, or rescinded.
9-23 The hearing and any appeal are governed by the department's rules
9-24 for a contested case hearing and Chapter 2001, Government Code.
9-25 SECTION 9. Section 577.013, Health and Safety Code, is
9-26 amended by adding Subsection (f) to read as follows:
10-1 (f) Information obtained or compiled by the department in
10-2 connection with a complaint or investigation that is confidential
10-3 by law remains confidential and is not subject to disclosure under
10-4 Chapter 552, Government Code.
10-5 SECTION 10. Section 577.016, Health and Safety Code, is
10-6 amended to read as follows:
10-7 Sec. 577.016. DENIAL, SUSPENSION, PROBATION, OR REVOCATION
10-8 OF LICENSE. (a) The department may deny, suspend, or revoke a
10-9 license if the department finds that the applicant or licensee has
10-10 substantially failed to comply with:
10-11 (1) department rules;
10-12 (2) this subtitle; or
10-13 (3) Chapters 104 and 225.
10-14 (b) The department must give the applicant or license holder
10-15 notice of the proposed action, an opportunity to demonstrate or
10-16 achieve compliance, and an opportunity for a hearing before taking
10-17 the action.
10-18 (c) The department may suspend a license for 10 days pending
10-19 a hearing if after an investigation the department finds that there
10-20 is an immediate threat to the health or safety of the patients or
10-21 employees of a private mental hospital or mental health facility
10-22 licensed under this chapter. The department may issue necessary
10-23 orders for the patients' welfare.
10-24 (d) The department shall send the license holder or
10-25 applicant a copy of the department's decision by registered mail.
10-26 If the department denies, suspends, or revokes a license, the
11-1 department shall include the findings and conclusions on which the
11-2 department based its decision.
11-3 (e) A license holder whose license is suspended or revoked
11-4 may not admit new patients until the license is reissued.
11-5 (f) If the department finds that a private mental hospital
11-6 or mental health facility is in repeated noncompliance under
11-7 Subsection (a) but that the noncompliance does not endanger public
11-8 health and safety, the department may schedule the hospital or
11-9 facility for probation rather than suspending or revoking the
11-10 license of the hospital or facility. The department shall provide
11-11 notice to the hospital or facility of the probation and of the
11-12 items of noncompliance not later than the 10th day before the date
11-13 the probation period begins. The department shall designate a
11-14 period of not less than 30 days during which the hospital or
11-15 facility will remain under probation. During the probation period,
11-16 the hospital or facility must correct the items that were in
11-17 noncompliance and report the corrections to the department for
11-18 approval.
11-19 (g) The department may suspend or revoke the license of a
11-20 private mental hospital or mental health facility that does not
11-21 comply with the applicable requirements within the applicable
11-22 probation period.
11-23 SECTION 11. Subsections (d) and (e), Section 241.051, and
11-24 Subsections (d) and (e), Section 577.013, Health and Safety Code,
11-25 are repealed.
11-26 SECTION 12. (a) Except as provided by this section, this
12-1 Act takes effect immediately if it receives a vote of two-thirds of
12-2 all the members elected to each house, as provided by Section 39,
12-3 Article III, Texas Constitution. If this Act does not receive the
12-4 vote necessary for immediate effect, this Act takes effect
12-5 September 1, 2001.
12-6 (b) The changes in law made by this Act to Sections 241.051
12-7 and 577.013, Health and Safety Code, take effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 279 passed the Senate on
March 1, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; and that the Senate concurred in House amendment on
May 26, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 279 passed the House, with
amendment, on May 23, 2001, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor