Texas Health & Safety Code - Section 12.0145. Information About Enforcement Actions
Legal Research Home >
Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 12.0145. Information About Enforcement Actions
§ 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS. (a)
The department shall publish and provide information in accordance
with this section regarding each final enforcement action taken by
the department, commissioner, or board against a person or facility
regulated by the department in which any kind of sanction is
imposed, including:
(1) the imposition of a reprimand, a period of
probation, a monetary penalty, or a condition on a person's
continued practice or a facility's continued operation; and
(2) the refusal to renew or the suspension, probation,
or revocation of a license or other form of permission to engage in
an activity.
(b) Except to the extent that the information is
specifically made confidential under other law, the department
shall publish and provide the name, including any trade name, of the
person or facility against which an enforcement action was taken,
the violation that the person or facility was found to have
committed, and the sanction imposed. The department shall publish
and provide the information in a way that does not serve to identify
a complainant.
(c) The department shall publish the information on its
generally accessible Internet site. The department also shall
provide the information by establishing a system under which
members of the public can call toll-free numbers to obtain the
information efficiently and with a minimum of delay. The
department shall appropriately publicize the toll-free numbers.
(d) The department shall publish and provide the
information promptly after the sanction has been imposed or, when
applicable, promptly after the period during which the sanction is
imposed has begun. The department by rule shall establish the
length of time during which the required information will be
published and provided under this section based on the department's
determination regarding the types of services provided by regulated
entities and the length of time for which information about a
category of enforcement actions is useful to a member of the public.
(e) The department shall publish and provide the
information using clear language that can be readily understood by
a person with a high school education.
(f) If another law specifically requires that particular
information subject to this section shall be published in another
manner, the department shall comply with this section and with the
other law.
(g) A determination that the department is not required to
publish and provide information under this section does not affect
a determination regarding whether the information is subject to
required disclosure under the open records law, Chapter 552,
Government Code. The department's determination regarding the
length of the period during which information should continue to be
published and provided under this section does not affect a
determination regarding the period for which the information must
be preserved under Chapter 441, Government Code, or under another
law.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.11, eff. Sept. 1,
1999.
Section: 12.0123 12.0124 12.0125 12.0127 12.0128 12.013 12.014 12.0145 12.0146 12.015 12.016 12.017 12.018 12.019 12.020
Last modified: August 10, 2007
|
