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Texas Health & Safety Code - Chapter 142 Home And Community Support ServicesLegal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Chapter 142 Home And Community Support Services In this chapter: (1) "Administrative support site" means a facility or site where a home and community support services agency performs administrative and other support ... (a) The purpose of this chapter is to ensure that home and community support services agencies in this state deliver the highest possible quality of ... (a) A person is a controlling person if the person, acting alone or with others, has the ability to directly or indirectly influence, direct, or ... (a) Except as provided by Section 142.003, a person, including a health care facility licensed under this code, may not engage in the business of ... If a person is in the process of becoming certified by the Department of Health and Human Services to qualify as a certified agency, the ... (a) The following persons need not be licensed under this chapter: (1) a physician, dentist, registered nurse, occupational therapist, or physical therapist licensed under the ... (a) An applicant for a license to provide home health, hospice, or personal assistance services must: (1) file a written application on a form prescribed ... The department may require an applicant or license holder to provide the department with information relating to compliance by the applicant, the license holder, or ... (a) The department shall issue a home and community support services agency license to provide home health, hospice, or personal assistance services for each place ... A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the ... (a) A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for ... (a) A home and community support services agency in compliance with this section or its employees who are registered nurses or licensed vocational nurses may ... A license issued under this chapter shall be displayed in a conspicuous place in the designated place of business and must show: (1) the name ... An agency licensed under this chapter shall provide to the following persons a written statement describing the agency's policy for the drug testing of employees ... (a) The department may issue a branch office license to a person who holds a license to provide home health or personal assistance services. (b) ... (a) The department shall issue an alternate delivery site license to a qualified hospice. (b) The board by rule shall establish standards required for the ... (a) The department or its representative may enter the premises of a license applicant or license holder at reasonable times to conduct a survey incidental ... (a) The department shall provide specialized training to representatives of the department who survey home and community support services agencies. The training must include information ... (a) The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, or personal assistance services. ... (a) A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith ... (a) Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home ... (a) The board shall set license fees for home and community support services agencies in amounts that are reasonable to meet the costs of administering ... (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department ... (a) The department may deny a license application or suspend or revoke the license of a person who: (1) fails to comply with the rules ... (a) The board, with the recommendations of the council, shall adopt rules necessary to implement this chapter. (b) The board by rule shall set minimum ... (a) A district court, on petition of the department and on a finding by the court that a person is violating this chapter, may by ... (a) A person who engages in the business of providing home health, hospice, or personal assistance service, or represents to the public that the person ... (a) The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004. (b) A penalty assessed under ... (a) The Home and Community Support Services Advisory Council is composed of the following 13 members, appointed by the governor: (1) three consumer representatives; (2) ... (a) The Board of Nurse Examiners and the department shall adopt a memorandum of understanding governing the circumstances under which the provision of health-related tasks ... (a) The department may assess an administrative penalty against a person who violates: (1) this chapter or a rule adopted under this chapter; or (2) ... (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department ... (a) If the person notified requests a hearing, the department shall: (1) set a hearing; (2) give written notice of the hearing to the person; ... (a) The department shall give notice of the order under Section 142.0172(c) to the person alleged to have committed the violation. The notice must include: ... An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code. ... (a) If the attorney general brings an action against a person under Section 142.013 or 142.014 or to enforce an administrative penalty assessed under Section ... (a) In this section, "abuse," "exploitation," and "neglect" have the meanings assigned by Section 48.002, Human Resources Code. (b) A home and community support services ... A physician may not refer a patient to a home and community support services agency if the referral violates 42 U.S.C. Section 1395nn and its ... (a) A home and community support services agency that generates special or medical waste while providing home health services must dispose of the waste in ... A person may not administer medication to a client of a home and community support services agency unless the person: (1) holds a license under ... (a) Sections 142.021 and 142.029 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Board of Nurse Examiners; (2) ... The board by rule shall establish: (1) minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to a home ... (a) An application for the approval of a home health medication aide training program must be made to the department on a form and under ... (a) To be issued or to have renewed a home health medication aide permit, a person shall apply to the department on a form prescribed ... (a) The board shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to administer its ... (a) For the violation of this subchapter or a rule adopted under this subchapter, the department may: (1) deny, suspend, revoke, or refuse to renew ... (a) The department shall issue an order to suspend a permit issued under Section 142.025 if the department has reasonable cause to believe that the ... (a) A person commits an offense if the person knowingly administers medication to a client of a home and community support services agency and the ... (a) A person authorized by this subchapter to administer medication to a client of a home and community support services agency may not dispense dangerous ... Last modified: August 10, 2007 |