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Texas Health & Safety Code - Chapter 248 Special Care FacilitiesLegal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Chapter 248 Special Care Facilities This chapter may be cited as the Texas Special Care Facility Licensing Act. Added by Acts 1991, 72nd Leg., ch. 14, § 115, eff. Sept. ... In this chapter: (1) "Board" means the Texas Board of Health. (2) "Department" means the Texas Department of Health. (3) "Medical care" means care that ... This chapter does not apply to: (1) a home and community support services agency required to be licensed under Chapter 142; (2) a person required ... A person may not establish or operate a special care facility unless the person holds a license issued under this chapter. Added by Acts 1991, ... (a) An applicant for a license must submit an application to the department on a form prescribed by the department and in accordance with board ... (a) The department shall issue a license to an applicant if on inspection and investigation it finds that the applicant meets the requirements of this ... (a) The board shall establish a license application fee in the amount of $25 for each facility bed or $200, whichever is greater, but the ... (a) A license issued under this chapter is not transferable or assignable. (b) A special care facility shall post in plain sight the license issued ... (a) The board shall adopt rules necessary to implement this chapter. The rules must establish minimum standards for special care facilities relating to: (1) the ... (a) If there are no local regulations in effect or enforced in the area in which a special care facility is located, the facility's construction ... (a) The department may inspect a special care facility and its records at reasonable times as necessary to ensure compliance with this chapter. (b) The ... (a) The board by rule shall adopt standards for the designation of a special care facility licensed under this chapter as a residential AIDS hospice. ... (a) The department may deny, revoke, or suspend a license issued under this chapter for a violation of this chapter or the rules adopted under ... The department may issue an emergency order to suspend any license issued under this chapter if the department has reasonable cause to believe that the ... (a) The department may request that the attorney general petition a district court to restrain a license holder or other person from continuing to violate ... A license holder or person who violates this chapter or a rule adopted by the board under this chapter is liable for a civil penalty, ... (a) The department shall assess an administrative penalty against a special care facility that violates Section 166.004. (b) A penalty assessed under this section shall ... (a) A person who knowingly establishes or operates a special care facility without a license issued under this chapter commits an offense. (b) An offense ... (a) The department of health may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or ... (a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation ... (a) If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person. ... (a) Within 20 days after the date the person receives the notice sent under Section 248.103, the person in writing may: (1) accept the determination ... (a) If the person requests a hearing, the commissioner of public health shall refer the matter to the State Office of Administrative Hearings, which shall ... (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the commissioner of public health by order may: (1) find ... Within 30 days after the date the order of the commissioner of public health under Section 248.106 that imposes an administrative penalty becomes final, the ... (a) Within the 30-day period prescribed by Section 248.107, a person who files a petition for judicial review may: (1) stay enforcement of the penalty ... (a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The ... (a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the ... (a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, ... (a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment ... A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 1999, 76th Leg., ch. ... Last modified: August 11, 2007 |
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