Texas Health And Safety Code Title 2, Chapter 142 - Home And Community Support Services
SUBCHAPTER A HOME AND COMMUNITY SUPPORT SERVICES LICENSE
- Texas Section 142.001 - Definitions
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...
- Texas Section 142.0011 - Scope, Purpose, And Implementation
(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...
- Texas Section 142.0012 - Controlling Person
(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...
- Texas Section 142.002 - License Required
(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...
- Texas Section 142.0025 - Temporary License
If a person is in the process of becoming certified by the United States Department of Health and Human Services to qualify as a certified...
- Texas Section 142.003 - Exemptions From Licensing Requirement
(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...
- Texas Section 142.004 - License Application
(a) An applicant for a license to provide home health, hospice, habilitation, or personal assistance services must: (1) file a written application on a form...
- Texas Section 142.005 - Compliance Record In Other States
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...
- Texas Section 142.006 - License Issuance; Term
(a) The department shall issue a home and community support services agency license to provide home health, hospice, habilitation, or personal assistance services for each...
- Texas Section 142.0061 - Possession Of Sterile Water Or Saline
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...
- Texas Section 142.0062 - Possession Of Certain Vaccines Or Tuberculin
(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...
- Texas Section 142.0063 - Possession Of Certain Dangerous Drugs
(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...
- Texas Section 142.0065 - Display Of License
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...
- Texas Section 142.007 - Notice Of Drug Testing Policy
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...
- Texas Section 142.008 - Branch Office
(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)...
- Texas Section 142.0085 - Alternate Delivery Site License
(a) The department shall issue an alternate delivery site license to a qualified hospice. (b) The executive commissioner by rule shall establish standards required for...
- Texas Section 142.009 - Surveys; Consumer Complaints
(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...
- Texas Section 142.0091 - Training
(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...
- Texas Section 142.0092 - Consumer Complaint Data
(a) The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, habilitation, or personal assistance...
- Texas Section 142.0093 - Retaliation Prohibited
(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...
- Texas Section 142.0094 - Use Of Regulatory Survey Reports And Other Documents
(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...
- Texas Section 142.010 - Fees
(a) The executive commissioner by rule shall set license fees for home and community support services agencies in amounts that are reasonable to meet the...
- Texas Section 142.0104 - Change In Application Information
(a) If certain application information as specified by department rule changes after the applicant submits an application to the department for a license under this...
- Texas Section 142.0105 - License Renewal
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by submitting a completed application for renewal and paying...
- Texas Section 142.011 - Denial, Suspension, Or Revocation Of License
(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...
- Texas Section 142.012 - Powers And Duties
(a) The executive commissioner shall adopt rules necessary to implement this chapter. The executive commissioner may adopt rules governing the duties and responsibilities of home...
- Texas Section 142.013 - Injunction
(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...
- Texas Section 142.014 - Civil Penalty
(a) A person who engages in the business of providing home health, hospice, habilitation, or personal assistance service, or represents to the public that the...
- Texas Section 142.0145 - Violation Of Law Relating To Advance Directives
(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...
- Texas Section 142.017 - Administrative Penalty
(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)...
- Texas Section 142.0171 - Notice; Request For Hearing
(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...
- Texas Section 142.0172 - Hearing; Order
(a) If the person notified requests a hearing, the department shall refer the case to the State Office of Administrative Hearings and an administrative law...
- Texas Section 142.0173 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
(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:...
- Texas Section 142.0174 - Use Of Administrative Penalty
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....
- Texas Section 142.0175 - Expenses And Costs For Collection Of Civil Or Administrative Penalty
(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...
- Texas Section 142.018 - Reports Of Abuse, Exploitation, Or Neglect
(a) In this section, "abuse," "exploitation," and "neglect" have the meanings applicable through a rule adopted by the executive commissioner under Section 48.002(c), Human Resources...
- Texas Section 142.019 - Certain Physician Referrals Prohibited
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...
- Texas Section 142.020 - Disposal Of Special Or Medical Waste
(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...
SUBCHAPTER B PERMITS TO ADMINISTER MEDICATION
- Texas Section 142.0201 - Registration For Evacuation; Disaster Preparedness
A home and community support services agency shall: (1) assist clients as necessary with registering for disaster evacuation assistance through 2-1-1 services provided by the...
- Texas Section 142.021 - Administration Of Medication
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...
- Texas Section 142.022 - Exemptions For Nursing Students And Medication Aide Trainees
(a) Sections 142.021 and 142.029 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Texas Board of Nursing; (2)...
- Texas Section 142.023 - Rules For Administration Of Medication
The executive commissioner by rule shall establish: (1) minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to a...
- Texas Section 142.024 - Home Health Medication Aide Training Programs
(a) An application for the approval of a home health medication aide training program must be made to the department on a form prescribed by...
- Texas Section 142.025 - Issuance And Renewal Of Home Health Medication Aide Permit
(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...
- Texas Section 142.026 - Fees For Issuance And Renewal Of Home Health Medication Aide Permit
(a) The executive commissioner by rule shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required...
- Texas Section 142.027 - Violation Of Home Health Medication Aide Permits
(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...
- Texas Section 142.028 - Emergency Suspension Of Home Health Medication Aide Permits
(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...
- Texas Section 142.029 - Administration Of Medication; Criminal Penalty
(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...
- Texas Section 142.030 - Dispensing Dangerous Drugs Or Controlled Substances; Criminal Penalty
(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: September 28, 2016