Sec. 247.021. LICENSE REQUIRED. (a) A person may not establish or operate an assisted living facility without a license issued under this chapter.
(b) A person establishing or operating a facility that is not required to be licensed under this chapter may not use the term "assisted living" in referring to the facility or the services provided at the facility.
(c) A person establishing or operating a facility that is not required to be licensed but who elects to obtain a license under this chapter may use the term "assisted living" in referring to the facility or the services provided at the facility.
(d) The executive commissioner by rule shall establish procedures to issue a six-month provisional license to existing facilities with residents. The department may issue a provisional license if:
(1) the facility is in compliance with resident care standards;
(2) the facility voluntarily discloses that the facility needs additional time to comply with life safety code and physical plant standards;
(3) the disclosure is made in writing by certified mail to the department;
(4) an investigation of the violation was not initiated and the violation was not independently detected by the department; and
(5) the disclosure is made promptly after knowledge of the information disclosed is obtained by the facility.
(d-1) A provisional license expires the earlier of:
(1) the 180th day after the effective date of the provisional license or the end of any extension period granted by the department, in the department's sole discretion; or
(2) the date a license is issued to the provisional license holder under Subsection (d-3).
(d-2) The department shall conduct a life safety code inspection of the facility as soon as reasonably possible after the department issues a provisional license.
(d-3) After conducting a life safety code inspection, the department shall issue a license under Section 247.023 to the provisional license holder if the facility passes the inspection and the applicant meets all requirements for a license. A license issued under this subsection has the same effective date as the provisional license.
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 917, Sec. 9, eff. September 1, 2009.
(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 917, Sec. 9, eff. September 1, 2009.
(g) The department shall, upon submission of a written request by the applicant, automatically issue a six-month provisional license without conducting a life safety code inspection before issuance of the provisional license to a newly constructed facility if:
(1) the license applicant has submitted building plans to the department for an early compliance review in accordance with Section 247.0261;
(2) all local approvals, including a certificate of occupancy where required, have been obtained;
(3) a complete license application form is submitted within 30 days of receipt of all local approvals;
(4) the license fee has been paid;
(5) the department determines that the license applicant or a person who owns the license applicant and controls the operations of the license applicant constructed another facility in this state that complies with the department's life safety code standards; and
(6) the facility is in compliance with resident care standards based on an on-site health inspection.
(h) The department may automatically issue a provisional license in the case of a corporate change of ownership of a facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1088, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 9, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 382 (H.B. 3729), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0700, eff. April 2, 2015.
Section: Previous 247.0011 247.002 247.0025 247.003 247.004 247.005 247.007 247.021 247.0211 247.022 247.023 247.0231 247.024 247.025 247.0255 NextLast modified: September 28, 2016