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AN ACT
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relating to adverse licensing, listing, or registration decisions |
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by certain health and human services agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter W to read as follows: |
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SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR REGISTRATION |
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DECISIONS |
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Sec. 531.951. APPLICABILITY. (a) This subchapter applies |
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only to the final licensing, listing, or registration decisions of |
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a health and human services agency with respect to a person under |
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the law authorizing the agency to regulate the following types of |
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persons: |
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(1) a youth camp licensed under Chapter 141, Health |
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and Safety Code; |
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(2) a home and community support services agency |
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licensed under Chapter 142, Health and Safety Code; |
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(3) a hospital licensed under Chapter 241, Health and |
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Safety Code; |
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(4) an institution licensed under Chapter 242, Health |
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and Safety Code; |
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(5) an assisted living facility licensed under Chapter |
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247, Health and Safety Code; |
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(6) a special care facility licensed under Chapter |
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248, Health and Safety Code; |
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(7) an intermediate care facility licensed under |
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Chapter 252, Health and Safety Code; |
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(8) a chemical dependency treatment facility licensed |
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under Chapter 464, Health and Safety Code; |
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(9) a mental hospital or mental health facility |
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licensed under Chapter 577, Health and Safety Code; |
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(10) a child-care facility or child-placing agency |
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licensed under or a family home listed or registered under Chapter |
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42, Human Resources Code; or |
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(11) an adult day-care facility licensed under Chapter |
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103, Human Resources Code. |
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(b) This subchapter does not apply to an agency decision |
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that did not result in a final order or that was reversed on appeal. |
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Sec. 531.952. RECORD OF FINAL DECISION. (a) Each health |
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and human services agency that regulates a person described by |
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Section 531.951 shall in accordance with this section and executive |
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commissioner rule maintain a record of: |
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(1) each application for a license, including a |
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renewal license or a license that does not expire, a listing, or a |
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registration that is denied by the agency under the law authorizing |
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the agency to regulate the person; and |
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(2) each license, listing, or registration that is |
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revoked, suspended, or terminated by the agency under the |
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applicable law. |
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(b) The record of an application required by Subsection |
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(a)(1) must be maintained until the 10th anniversary of the date the |
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application is denied. The record of the license, listing, or |
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registration required by Subsection (a)(2) must be maintained until |
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the 10th anniversary of the date of the revocation, suspension, or |
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termination. |
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(c) The record required under Subsection (a) must include: |
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(1) the name and address of the applicant for a |
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license, listing, or registration that is denied as described by |
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Subsection (a)(1); |
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(2) the name and address of each person listed in the |
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application for a license, listing, or registration that is denied |
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as described by Subsection (a)(1); |
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(3) the name of each person determined by the |
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applicable regulatory agency to be a controlling person of an |
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entity for which an application, license, listing, or registration |
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is denied, revoked, suspended, or terminated as described by |
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Subsection (a); |
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(4) the specific type of license, listing, or |
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registration that was denied, revoked, suspended, or terminated by |
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the agency; |
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(5) a summary of the terms of the denial, revocation, |
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suspension, or termination; and |
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(6) the period the denial, revocation, suspension, or |
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termination was effective. |
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(d) Each health and human services agency that regulates a |
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person described by Section 531.951 each month shall provide a copy |
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of the records maintained under this section to each other health |
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and human services agency that regulates a person described by |
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Section 531.951. |
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Sec. 531.953. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY |
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DECISION. A health and human services agency that regulates a |
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person described by Section 531.951 may deny an application for a |
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license, including a renewal license or a license that does not |
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expire, a listing, or a registration included in that section if: |
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(1) any of the following persons are listed in a record |
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maintained under Section 531.952: |
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(A) the applicant; |
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(B) a person listed on the application; or |
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(C) a person determined by the applicable |
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regulating agency to be a controlling person of an entity for which |
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the license, including a renewal license or a license that does not |
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expire, the listing, or the registration is sought; and |
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(2) the agency's action that resulted in the person |
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being listed in a record maintained under Section 531.952 is based |
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on: |
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(A) an act or omission that resulted in physical |
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or mental harm to an individual in the care of the applicant or |
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person; |
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(B) a threat to the health, safety, or well-being |
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of an individual in the care of the applicant or person; |
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(C) the physical, mental, or financial |
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exploitation of an individual in the care of the applicant or |
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person; or |
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(D) a determination by the agency that the |
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applicant or person has committed an act or omission that renders |
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the applicant unqualified or unfit to fulfill the obligations of |
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the license, listing, or registration. |
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Sec. 531.954. REQUIRED APPLICATION INFORMATION. An |
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applicant submitting an initial or renewal application for a |
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license, including a renewal license or a license that does not |
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expire, a listing, or a registration described under Section |
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531.951 must include with the application a written statement of: |
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(1) the name of any person who is or will be a |
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controlling person, as determined by the applicable agency |
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regulating the person, of the entity for which the license, |
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listing, or registration is sought; and |
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(2) any other relevant information required by |
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executive commissioner rule. |
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SECTION 2. (a) Not later than March 1, 2012, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement Subchapter W, Chapter 531, |
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Government Code, as added by this Act. |
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(b) Notwithstanding Section 531.952, Government Code, as |
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added by this Act, a health and human services agency is not |
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required to maintain the records as required under that section |
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until March 1, 2012. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 78 passed the Senate on |
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March 17, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 78 passed the House, with |
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amendment, on May 20, 2011, by the following vote: Yeas 149, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |