SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 242.001 - Scope, Purpose, And Implementation
(a) It is the goal of this chapter to ensure that institutions in this state deliver the highest possible quality of care. This chapter, and...
- Texas Section 242.002 - Definitions
In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Commissioner" means the commissioner of aging and disability services. (3) "Controlling person"...
- Texas Section 242.0021 - Controlling Person
(a) A person is a controlling person if the person has the ability, acting alone or in concert with others, to directly or indirectly influence,...
- Texas Section 242.003 - Exemptions
Except as otherwise provided, this chapter does not apply to: (1) a hotel or other similar place that furnishes only food, lodging, or both, to...
- Texas Section 242.005 - Performance Reports
(a) The department shall prepare annually a full report of the operation and administration of the department's responsibilities under this chapter, including recommendations and suggestions...
- Texas Section 242.006 - Directory Of Licensed Institutions
(a) The department shall prepare and publish annually a directory of all licensed institutions. (b) The directory must contain: (1) the name and address of...
- Texas Section 242.007 - Consultation And Cooperation
(a) Whenever possible, the department shall use the services of and consult with state and local agencies in carrying out its responsibility under this chapter....
- Texas Section 242.008 - Employment Of Personnel
The department may employ the personnel necessary to administer this chapter properly. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
- Texas Section 242.009 - Federal Funds
The department may accept and use any funds allocated by the federal government to the department for administrative expenses. Acts 1989, 71st Leg., ch. 678,...
- Texas Section 242.010 - Change Of Administrators
An institution that hires a new administrator or person designated as chief manager shall: (1) notify the department in writing not later than the 30th...
- Texas Section 242.011 - Language Requirements Prohibited
An institution may not prohibit a resident or employee from communicating in the person's native language with another resident or employee for the purpose of...
- Texas Section 242.013 - Paperwork Reduction Rules
(a) The executive commissioner shall adopt rules to reduce the amount of paperwork an institution must complete and retain. (a-1) The department shall attempt to...
- Texas Section 242.014 - Prohibition Of Remuneration
(a) An institution may not receive monetary or other remuneration from a person or agency that furnishes services or materials to the institution or its...
- Texas Section 242.015 - Licensed Administrator
(a) Each institution must have a licensed nursing facility administrator. (b) The administrator shall: (1) manage the institution; (2) be responsible for: (A) delivery of...
- Texas Section 242.016 - Fees And Penalties
Except as expressly provided by this chapter, a fee or penalty collected by or on behalf of the department under this chapter must be deposited...
- Texas Section 242.017 - Admissibility Of Certain Evidence In Civil Actions
(a) The following are not admissible as evidence in a civil action: (1) any finding by the department that an institution has violated this chapter...
- Texas Section 242.018 - Compliance With Chapter 260a
(a) An institution shall comply with Chapter 260A and the rules adopted under that chapter. (b) A person, including an owner or employee of an...
SUBCHAPTER B LICENSING, FEES, AND INSPECTIONS
- Texas Section 242.019 - Guardianship Orders
An institution shall make a reasonable effort to request a copy of any court order appointing a guardian of a resident or a resident's estate...
- Texas Section 242.031 - License Required
A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain an institution in...
- Texas Section 242.032 - License Or Renewal Application
(a) An application for a license or renewal of a license is made to the department on a form provided by the department and must...
- Texas Section 242.033 - Issuance And Renewal Of License
(a) After receiving an application for a license, the department shall issue the license if, after inspection and investigation, it finds that the applicant or...
- Texas Section 242.0335 - Expedited Issuance Of Change Of Ownership License To Certain Current License Holders
(a) The department shall maintain, and keep current, a list of license holders that operate an institution in this state and that have excellent operating...
- Texas Section 242.0336 - Temporary Change Of Ownership License
(a) For purposes of this section, a temporary change of ownership license is a temporary 90-day license issued to an applicant who proposes to become...
- Texas Section 242.034 - License Fees
(a) The executive commissioner may establish by rule license fees for institutions licensed by the department under this chapter. The license fee may not exceed...
- Texas Section 242.035 - Licensing Categories
(a) The department shall determine the rank of licensing categories. (b) Unless prohibited by another state or federal requirement, the department shall allow a licensed...
- Texas Section 242.036 - Grading
(a) The executive commissioner may adopt and publish and the department may enforce minimum standards relating to the grading of an institution in order to...
- Texas Section 242.037 - Rules; Minimum Standards
(a) The executive commissioner shall make and the department shall enforce rules and minimum standards to implement this chapter, including rules and minimum standards relating...
- Texas Section 242.0371 - Notice Of Certain Employment Policies
(a) An institution licensed under this chapter shall prepare a written statement describing the institution's policy for: (1) the drug testing of employees who have...
- Texas Section 242.0373 - Restraint And Seclusion
A person providing services to a resident of an institution shall comply with Chapter 322 and the rules adopted under that chapter. Added by Acts...
- Texas Section 242.038 - Reasonable Time To Comply
The executive commissioner by rule shall give an institution that is in operation when a rule or standard is adopted under this chapter a reasonable...
- Texas Section 242.0385 - Early Compliance Review
(a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an institution may submit building plans...
- Texas Section 242.039 - Fire Safety Requirements
(a) The executive commissioner shall adopt rules necessary to specify the edition of the Life Safety Code of the National Fire Protection Association that will...
- Texas Section 242.0395 - Registration With Texas Information And Referral Network
(a) An institution licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state...
- Texas Section 242.040 - Certification Of Institutions That Care For Persons With Alzheimer's Disease And Related Disorders
(a) The department shall establish a system for certifying institutions that meet standards adopted by the executive commissioner concerning the specialized care and treatment of...
- Texas Section 242.041 - False Communication Concerning Certification; Criminal Penalty
(a) An institution commits an offense if the institution violates Section 242.040(e). (b) An offense under this section is a Class C misdemeanor. Acts 1989,...
- Texas Section 242.042 - Posting
(a) Each institution shall prominently and conspicuously post for display in a public area of the institution that is readily available to residents, employees, and...
- Texas Section 242.043 - Inspections
(a) The department or the department's representative may make any inspection, survey, or investigation that it considers necessary and may enter the premises of an...
- Texas Section 242.044 - Unannounced Inspections
(a) Each licensing period, the department shall conduct at least two unannounced inspections of each institution. (b) For at least two unannounced inspections each licensing...
- Texas Section 242.0445 - Reporting Of Violations
(a) The department or the department's representative conducting an inspection, survey, or investigation under Section 242.043 or 242.044 shall: (1) list each violation of a...
- Texas Section 242.045 - Disclosure Of Unannounced Inspections; Criminal Penalty
(a) Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person...
- Texas Section 242.046 - Open Hearing
(a) The department shall hold an open hearing in a licensed institution if the department has taken a punitive action against the institution in the...
- Texas Section 242.047 - Accreditation Review To Satisfy Inspection Or Certification Requirements
(a) The department shall accept an annual accreditation review from The Joint Commission for a nursing facility instead of an inspection for renewal of a...
- Texas Section 242.048 - Licensing Surveys
The department shall provide a team to conduct surveys to validate findings of licensing surveys. The purpose of validation surveys is to assure that survey...
- Texas Section 242.049 - Quality Improvement
(a) The department may evaluate data for quality of care in nursing facilities. (b) The department may gather data on a form or forms to...
- Texas Section 242.051 - Notification Of Award Of Exemplary Damages
(a) If exemplary damages are awarded under Chapter 41, Civil Practice and Remedies Code, against an institution or an officer, employee, or agent of an...
SUBCHAPTER C GENERAL ENFORCEMENT
- Texas Section 242.052 - Drug Testing Of Employees
(a) An institution may establish a drug testing policy for employees of the institution. An institution that establishes a drug testing policy under this subsection...
- Texas Section 242.061 - Denial, Suspension, Or Revocation Of License
(a) In this section: (1) "Abuse" has the meaning assigned by Section 260A.001. (2) "Immediate threat to health and safety" means a situation in which...
- Texas Section 242.0615 - Exclusion
(a) The department, after providing notice and opportunity for a hearing, may exclude a person from eligibility for a license under this chapter if the...
- Texas Section 242.062 - Emergency Suspension Or Closing Order
(a) The department shall suspend an institution's license or order an immediate closing of part of the institution if: (1) the department finds the institution...
- Texas Section 242.063 - Injunction
(a) The department may petition a district court for: (1) a temporary restraining order to restrain a person from a violation or threatened violation of...
- Texas Section 242.064 - License Requirement; Criminal Penalty
(a) A person commits an offense if the person violates Section 242.031. (b) An offense under this section is punishable by a fine of not...
- Texas Section 242.065 - Civil Penalty
(a) A person who violates or causes a violation of this chapter or a rule adopted under this chapter is liable for a civil penalty...
- Texas Section 242.066 - Administrative Penalty
(a) The department may assess an administrative penalty against a person who: (1) violates this chapter or a rule, standard, or order adopted or license...
- Texas Section 242.0663 - Violation Of Law Relating To Advance Directives
(a) The department shall assess an administrative penalty under this subchapter against an institution that violates Section 166.004. (b) Notwithstanding Sections 242.066(b) and (c), a...
- Texas Section 242.0665 - Right To Correct
(a) The department may not collect an administrative penalty against an institution under this subchapter if, not later than the 45th day after the date...
- Texas Section 242.067 - Report Recommending Administrative Penalty
(a) The department may issue a preliminary report stating the facts on which it concludes that a violation of this chapter or a rule, standard,...
- Texas Section 242.068 - Hearings On Administrative Penalties
(a) An administrative law judge of the State Office of Administrative Hearings shall order a hearing and the department shall give notice of the hearing...
- Texas Section 242.069 - Notice And Payment Of Administrative Penalty; Interest; Refund
(a) The department shall give notice of the decision taken under Section 242.068(d) to the person charged. If the department finds that a violation has...
- Texas Section 242.0695 - Use Of Administrative Penalty
Money from an administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human...
- Texas Section 242.070 - Application Of Other Law
The department may not assess more than one monetary penalty under this chapter and Chapter 32, Human Resources Code, for a violation arising out of...
- Texas Section 242.071 - Amelioration Of Violation
(a) In lieu of demanding payment of an administrative penalty assessed under Section 242.066, the department may, in accordance with this section, allow the person...
- Texas Section 242.072 - Other Remedies
(a) If the department finds that an institution has committed an act for which a civil penalty may be imposed under Section 242.065, the department...
- Texas Section 242.073 - Legal Action By The Attorney General
(a) The department and the attorney general shall work in close cooperation throughout any legal proceedings requested by the department. (b) The commissioner must approve...
SUBCHAPTER D TRUSTEES FOR NURSING OR CONVALESCENT HOMES
- Texas Section 242.074 - Notification Of Change In Financial Condition
(a) An institution shall notify the department of a significant change in the institution's financial position, cash flow, or results of operation that could adversely...
- Texas Section 242.091 - Findings And Purpose
(a) The legislature finds that the closing of a nursing or convalescent home for violations of laws and rules may: (1) in certain circumstances, have...
- Texas Section 242.092 - Definition
In this subchapter, "home" means a nursing or convalescent home. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
- Texas Section 242.093 - Appointment By Agreement
(a) A person holding a controlling interest in a home may, at any time, request the department to assume the operation of the home through...
- Texas Section 242.094 - Involuntary Appointment
(a) The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of...
- Texas Section 242.0945 - Qualifications Of Trustees
(a) A court may appoint a person to serve as a trustee under this subchapter only if the proposed trustee can demonstrate to the court...
- Texas Section 242.0946 - Nepotism Prohibition
A person serving as a trustee under this subchapter may not employ or otherwise appoint an individual to work with the trustee in the home...
- Texas Section 242.095 - Fee; Release Of Funds
(a) A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court. In determining the trustee's personal compensation for...
- Texas Section 242.096 - Nursing And Convalescent Home Trust Fund And Emergency Assistance Funds
(a) The nursing and convalescent home trust fund is with the comptroller and shall be made available to the department for expenditures without legislative appropriation...
- Texas Section 242.0965 - Assisted Living Facility Trust Fund And Emergency Assistance Funds
(a) The assisted living facility trust fund is a trust fund with the comptroller and shall be made available to the department for expenditures without...
- Texas Section 242.097 - Additional License Fee--nursing And Convalescent Homes
(a) In addition to the license fee provided by Section 242.034, the executive commissioner by rule shall adopt an annual fee to be collected by...
- Texas Section 242.0975 - Additional License Fee--assisted Living Facilities
(a) In addition to the license fee provided by Section 247.024, the executive commissioner by rule shall adopt an annual fee to be collected by...
- Texas Section 242.098 - Reimbursement
(a) A home that receives emergency assistance funds under this subchapter shall reimburse the department for the amounts received, including interest. (b) Interest on unreimbursed...
- Texas Section 242.099 - Applicability Of Other Law
Subtitle D, Title 10, Government Code does not apply to any payments made by a trustee under this subchapter. Acts 1989, 71st Leg., ch. 678,...
- Texas Section 242.100 - Notification Of Closing
(a) A home that is closing temporarily or permanently, or voluntarily or involuntarily, shall notify the residents of the closing and make reasonable efforts to...
- Texas Section 242.101 - Criminal Penalty
(a) A home commits an offense if the home fails or refuses to comply with Section 242.100. (b) An offense under this section is a...
SUBCHAPTER F MEDICAL, NURSING, AND DENTAL SERVICES OTHER THAN ADMINISTRATION OF MEDICATION
- Texas Section 242.102 - Ineligibility For License
(a) A license holder or controlling person who operates a home for which a trustee is appointed under this subchapter and with respect to which...
- Texas Section 242.151 - Physician Services
(a) An institution shall have at least one medical director who is licensed as a physician in this state. (b) The attending physician is responsible...
- Texas Section 242.152 - Physician Services For Residents Younger Than 18 Years Of Age
(a) An institution shall use appropriate pediatric consultative services for a resident younger than 18 years of age, in accordance with the resident's assessment and...
- Texas Section 242.153 - Director Of Nursing Services
An institution shall have a director of nursing services who shall be a registered nurse. The director of nursing services is responsible for: (1) coordinating...
- Texas Section 242.154 - Nursing Services
(a) An institution shall provide the nursing care required to allow each resident to achieve and maintain the highest possible degree of function and independence...
- Texas Section 242.155 - Pediatric Nursing Services
An institution shall ensure that: (1) nursing services for a resident younger than 18 years of age are provided by a staff member who has...
- Texas Section 242.156 - Required Medical Examination
(a) Except as required by federal law, the department shall require that each resident be given at least one medical examination each year. (b) The...
- Texas Section 242.157 - Dental Examination
(a) The department shall require that each resident of an institution or the resident's custodian be asked at least once each year if the resident...
- Texas Section 242.158 - Identification Of Certain Nursing Facility Residents Requiring Mental Health Or Intellectual Disability Services
(a) Each resident of a nursing facility who is considering making a transition to a community-based care setting shall be identified to determine the presence...
SUBCHAPTER G RESPITE CARE
- Texas Section 242.159 - Automated External Defibrillators
(a) An institution shall have available for use at the institution an automated external defibrillator, as defined by Section 779.001, and shall comply with the...
- Texas Section 242.181 - Definitions
In this subchapter: (1) "Person with a disability" means a person whose physical or mental functioning is impaired to the extent that the person needs...
- Texas Section 242.182 - Respite Care
(a) An institution licensed under this chapter may provide respite care for an elderly person or a person with a disability according to a plan...
- Texas Section 242.183 - Plan Of Care
(a) The institution and the person arranging the care must agree on the plan of care and the plan must be filed at the institution...
- Texas Section 242.184 - Notification
An institution that offers respite care shall notify the department in writing that it offers respite care. Acts 1989, 71st Leg., ch. 678, Sec. 1,...
- Texas Section 242.185 - Inspections
The department, at the time of an ordinary licensing inspection or at other times determined necessary by the department, shall inspect an institution's records of...
SUBCHAPTER H CARE FOR RESIDENTS WITH ALZHEIMER'S DISEASE AND RELATED DISORDERS
- Texas Section 242.186 - Suspension
(a) The department may require an institution to cease providing respite care if the department determines that the respite care does not meet the standards...
- Texas Section 242.201 - Scope Of Subchapter
This subchapter applies only to an institution that advertises, markets, or otherwise promotes that the institution provides services to residents with Alzheimer's disease and related...
- Texas Section 242.202 - Disclosure Required
(a) An institution covered by this subchapter shall provide a disclosure statement disclosing the nature of its care or treatment of residents with Alzheimer's disease...
- Texas Section 242.203 - Violation
(a) An institution that violates this subchapter is subject to an administrative penalty under Subchapter C. (b) The department may not revoke or suspend the...
SUBCHAPTER H-1 AUTOMATED MEDICAID PATIENT CARE AND REIMBURSEMENT SYSTEM
- Texas Section 242.204 - Rules
The executive commissioner shall adopt rules governing: (1) the content of the disclosure statement required by this subchapter, consistent with the information categories required by...
- Texas Section 242.221 - Automated System For Medicaid Patient Care And Reimbursement
(a) The department shall acquire and develop an automated system for providing reimbursements to nursing facilities under the state Medicaid program, subject to the availability...
- Texas Section 242.222 - Data Used By System
The automated patient care and reimbursement system must use a form designed by the United States Health Care Financing Administration for nursing facility use. Added...
- Texas Section 242.223 - Frequency Of Data Submission
Nursing facilities must complete and electronically submit the designated form to the department at least quarterly for reimbursement. Added by Acts 1997, 75th Leg., ch....
- Texas Section 242.224 - Electronic Claims For Reimbursement
The automated reimbursement system must be able to link the department electronically with nursing facilities making claims for reimbursement. When the system is operational, each...
- Texas Section 242.225 - Date Of Reimbursement
The department shall pay Medicaid nursing facility reimbursement claims that are made electronically not later than the 30th day after the date the claim is...
SUBCHAPTER H-2 ARBITRATION OF CERTAIN DISPUTES
- Texas Section 242.226 - Rules
The executive commissioner shall adopt rules and make policy changes as necessary to improve the efficiency of the reimbursement process and to maximize the automated...
- Texas Section 242.251 - Scope Of Subchapter
This subchapter applies to any dispute between an institution licensed under this chapter and the department relating to: (1) renewal of a license under Section...
- Texas Section 242.252 - Election Of Arbitration
(a) Except as provided by Subsection (d), an affected institution may elect binding arbitration of any dispute to which this subchapter applies. Arbitration under this...
- Texas Section 242.253 - Arbitration Procedures
(a) The arbitration shall be conducted by an arbitrator. (b) The arbitration and the appointment of the arbitrator shall be conducted in accordance with rules...
- Texas Section 242.254 - Arbitrator; Qualifications
Each arbitrator must be on an approved list of a nationally recognized association that performs arbitration services or be otherwise qualified as provided in the...
- Texas Section 242.255 - Arbitrator; Selection
The arbitrator shall be appointed in accordance with the rules adopted under Section 242.253(b). Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by...
- Texas Section 242.256 - Duties Of Arbitrator
The arbitrator shall: (1) protect the interests of the department and the institution; (2) ensure that all relevant evidence has been disclosed to the arbitrator,...
- Texas Section 242.257 - Scheduling Of Arbitration
(a) The arbitrator conducting the arbitration shall schedule arbitration to be held not later than the 90th day after the date the arbitrator is selected...
- Texas Section 242.258 - Exchange And Filing Of Information
Not later than the seventh day before the first day of arbitration, the department and the institution shall exchange and file with the arbitrator: (1)...
- Texas Section 242.259 - Attendance Required
(a) The arbitrator may proceed in the absence of any party or representative of a party who, after notice of the proceeding, fails to be...
- Texas Section 242.260 - Testimony; Record
(a) The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by the department or the institution. (b)...
- Texas Section 242.261 - Evidence
(a) The department or the institution may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to understand and...
- Texas Section 242.262 - Closing Statements; Briefs
The department and the institution may present closing statements as they desire, but the record may not remain open for written briefs unless requested by...
- Texas Section 242.263 - Ex Parte Contacts Prohibited
(a) Except as provided by Subsection (b), the department and the institution may not communicate with an arbitrator other than at an oral hearing unless...
- Texas Section 242.264 - Order
(a) The arbitrator may enter any order that may be entered by the department, executive commissioner, commissioner, or court under this chapter in relation to...
- Texas Section 242.265 - Effect Of Order
An order of an arbitrator under this subchapter is final and binding on all parties. Except as provided by Section 242.267, there is no right...
- Texas Section 242.266 - Clerical Error
For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award. Redesignated...
- Texas Section 242.267 - Court Vacating Order
(a) On a finding described by Subsection (b), a court shall: (1) on application of an institution, vacate an arbitrator's order with respect to an...
- Texas Section 242.268 - No Arbitration In Case Of Emergency Order Or Closing Order
This subchapter does not apply to an order issued under Section 242.062 or 242.072, and neither the department nor the institution may elect to arbitrate...
SUBCHAPTER I NURSING FACILITY ADMINISTRATION
- Texas Section 242.269 - Enforcement Of Certain Arbitration Orders
(a) This section applies only to a suit for the assessment of a civil penalty under Section 242.065 in which binding arbitration has been elected...
- Texas Section 242.301 - Definitions
In this subchapter: (1) "Nursing facility" means an institution or facility that is licensed as a nursing home, nursing facility, or skilled nursing facility by...
- Texas Section 242.302 - Powers And Duties Of Department And Executive Commissioner
(a) The executive commissioner may adopt rules consistent with this subchapter. The executive commissioner shall adopt and publish a code of ethics for nursing facility...
- Texas Section 242.303 - Nursing Facility Administrators Advisory Committee
(a) The Nursing Facility Administrators Advisory Committee is appointed by the governor. (b) Members of the committee serve for staggered terms of six years, with...
- Texas Section 242.304 - Fees; Funds
(a) The executive commissioner, in consultation with the department, by rule shall set reasonable and necessary fees in amounts necessary to cover the cost of...
- Texas Section 242.305 - Practicing Without A License
A person may not act as a nursing facility administrator or represent to others that the person is a nursing facility administrator unless the person...
- Texas Section 242.306 - License Application; Qualifications
(a) An applicant for a nursing facility administrator's license must submit a sworn application that is accompanied by the application fee. (b) The department shall...
- Texas Section 242.307 - Examination
(a) The licensing examination shall be prepared or approved by the department and shall be administered by the department to qualified applicants at least twice...
- Texas Section 242.308 - Licenses; Temporary License; Inactive Status
(a) A person who meets the requirements for licensing under this subchapter is entitled to receive a license. A nursing facility administrator's license is not...
- Texas Section 242.309 - Provisional License
(a) The department shall issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:...
- Texas Section 242.310 - License Renewal
(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...
- Texas Section 242.311 - Mandatory Continuing Education
(a) The executive commissioner by rule shall establish a minimum number of hours of continuing education required to renew a license under this subchapter. The...
- Texas Section 242.312 - Complaint Receipt, Investigation, And Disposition
(a) The department shall keep an information file concerning each complaint filed with the department regarding a person licensed under this subchapter. The department's information...
- Texas Section 242.313 - Sanctions
(a) The department may revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation...
- Texas Section 242.314 - Written Reprimand And Continuing Education As Sanctions
In addition to the other disciplinary actions authorized under this subchapter, the department may issue a written reprimand to a license holder who violates this...
- Texas Section 242.315 - Administrative Penalty As Sanction
(a) The department may impose an administrative penalty against a person licensed or regulated under this subchapter who violates this subchapter or a rule adopted...
- Texas Section 242.316 - Notice And Hearing
(a) If the department determines that a violation has occurred, the department shall give written notice of the determination to the person alleged to have...
- Texas Section 242.317 - Informal Proceedings
(a) The executive commissioner by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal...
- Texas Section 242.318 - Monitoring Of License Holder
The executive commissioner by rule shall develop a system for monitoring a license holder's compliance with the requirements of this subchapter. Rules adopted under this...
- Texas Section 242.319 - Civil Penalty
A person who violates this subchapter is liable to the state for a civil penalty of $1,000 for each day of violation. At the request...
- Texas Section 242.320 - Assistance Of Attorney General
The attorney general shall provide legal assistance as necessary in enforcing the provisions of this subchapter. This requirement does not relieve a local prosecuting officer...
- Texas Section 242.321 - Offense
(a) A person commits an offense if the person knowingly or intentionally violates Section 242.305. (b) An offense under this section is a Class B...
SUBCHAPTER I NURSING FACILITY ADMINISTRATION
- Texas Section 242.322 - Protection For Refusal To Engage In Certain Conduct
(a) A person may not suspend, terminate, or otherwise discipline or discriminate against a licensed nursing facility administrator who refuses to engage in an act...
- Texas Section 242.301 - Definitions
In this subchapter: (1) "Board" means the Texas Board of Nursing Facility Administrators. (2) "Nursing facility" means an institution or facility that is licensed as...
- Texas Section 242.302 - Texas Board Of Nursing Facility Administrators
(a) The Texas Board of Nursing Facility Administrators is within the department. (b) The board is composed of nine members appointed by the governor as...
- Texas Section 242.303 - Membership Requirements
(a) A member of the board who is an administrator must: (1) be a resident of this state and a citizen of the United States;...
- Texas Section 242.304 - Grounds For Removal
It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required by...
- Texas Section 242.305 - Board Officers; Meetings; Quorum; Expenses
(a) The board shall elect from its members a presiding officer and assistant presiding officer who serve according to rules adopted by the board. (b)...
- Texas Section 242.306 - Application Of Open Meetings And Administrative Procedure Act
The board is subject to Chapters 551 and 2001, Government Code. Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
- Texas Section 242.307 - Powers And Duties Of The Board
(a) The board may adopt rules consistent with this subchapter. (b) The board shall: (1) adopt and publish a code of ethics for nursing facility...
- Texas Section 242.308 - Administrative Functions
The department shall serve as the administrator of the licensing activities under this subchapter and shall provide staff as necessary for the licensing and regulation...
- Texas Section 242.309 - Fees; Funds
(a) The board by rule shall set reasonable and necessary fees in amounts necessary to cover the cost of administering this subchapter. The board by...
- Texas Section 242.310 - Practicing Without A License
A person may not act as a nursing facility administrator or represent to others that the person is a nursing facility administrator unless the person...
- Texas Section 242.311 - License Application; Qualifications
(a) An applicant for a nursing facility administrator's license must submit a sworn application that is accompanied by the application fee. (b) The board shall...
- Texas Section 242.312 - Examination
(a) The licensing examination shall be prepared or approved by the board and shall be administered by the board to qualified applicants at least twice...
- Texas Section 242.313 - Licenses; Temporary License; Inactive Status
(a) A person who meets the requirements for licensing under this subchapter is entitled to receive a license. A nursing facility administrator's license is not...
- Texas Section 242.314 - Provisional License
(a) The board shall issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:...
- Texas Section 242.315 - License Renewal
Sec. 242.315. LICENSE RENEWAL. (a) Expired. (b) A person whose license has been expired for 90 days or less may renew the license by paying...
- Texas Section 242.316 - Mandatory Continuing Education
(a) The board by rule shall establish a minimum number of hours of continuing education required to renew a license under this subchapter. The board...
- Texas Section 242.317 - Complaint Receipt, Investigation, And Disposition
(a) The board shall keep an information file about each complaint filed with the board regarding a person licensed under this subchapter. The board's information...
- Texas Section 242.318 - Sanctions
(a) The board may revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation...
- Texas Section 242.319 - Written Reprimand And Continuing Education As Sanctions
In addition to the other disciplinary actions authorized under this subchapter, the board may issue a written reprimand to a license holder who violates this...
- Texas Section 242.320 - Administrative Penalty As Sanction
(a) The department may impose an administrative penalty against a person licensed or regulated under this subchapter who violates this subchapter or a rule adopted...
- Texas Section 242.321 - Notice And Hearing
(a) If the department determines that a violation has occurred, the department shall give written notice of the determination to the person alleged to have...
- Texas Section 242.322 - Informal Proceedings
(a) The department by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings...
- Texas Section 242.323 - Monitoring Of License Holder
The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this subchapter. Rules adopted under this section...
- Texas Section 242.324 - Civil Penalty
A person who violates this subchapter is liable to the state for a civil penalty of $1,000 for each day of violation. At the request...
- Texas Section 242.325 - Assistance Of Attorney General
The attorney general shall provide legal assistance as necessary in enforcing the provisions of this subchapter. This requirement does not relieve a local prosecuting officer...
- Texas Section 242.326 - Offense
(a) A person commits an offense if the person knowingly or intentionally violates Section 242.310. (b) An offense under this section is a Class B...
SUBCHAPTER K QUALITY OF CARE
- Texas Section 242.327 - Protection For Refusal To Engage In Certain Conduct
(a) A person may not suspend, terminate, or otherwise discipline or discriminate against a licensed nursing facility administrator who refuses to engage in an act...
- Texas Section 242.401 - Quality Of Life
(a) An institution shall care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of...
- Texas Section 242.402 - Quality Of Care
An institution shall provide to each resident the necessary care or service needed to enable the resident to attain and maintain the highest practicable level...
- Texas Section 242.403 - Standards For Quality Of Life And Quality Of Care
(a) The executive commissioner shall adopt standards to implement Sections 242.401 and 242.402. Those standards must, at a minimum, address: (1) admission of residents; (2)...
SUBCHAPTER L RIGHTS OF RESIDENTS
- Texas Section 242.404 - Policies, Procedures, And Practices For Quality Of Care And Quality Of Life
(a) Each institution shall comply with the standards adopted under this subchapter and shall develop written operating policies to implement those standards. (b) The policies...
- Texas Section 242.501 - Resident's Rights
(a) The executive commissioner by rule shall adopt a statement of the rights of a resident. The statement must be consistent with Chapter 102, Human...
- Texas Section 242.502 - Rights Cumulative
The rights established under this subchapter are cumulative of the rights established under any other law. Added by Acts 1997, 75th Leg., ch. 1159, Sec....
- Texas Section 242.503 - Duties Of Institution
(a) An institution shall develop and implement policies to protect resident rights. (b) An institution and the staff of an institution may not violate a...
- Texas Section 242.504 - Information About Resident's Rights And Violations
(a) An institution shall inform each resident and the resident's next of kin or guardian of the rights adopted under this subchapter and shall explain...
SUBCHAPTER M COMPLAINT INSPECTIONS
- Texas Section 242.505 - Prescription Of Psychoactive Medication
(a) In this section: (1) "Medication-related emergency" means a situation in which it is immediately necessary to administer medication to a resident to prevent: (A)...
- Texas Section 242.551 - Complaint Requesting Inspection
(a) A person may request an inspection of an institution in accordance with this chapter by making a complaint notifying the department of an alleged...
- Texas Section 242.552 - Disclosure Of Substance Of Complaint
The department may not provide information to the institution relating to the substance of a complaint made under this subchapter before an on-site inspection is...
- Texas Section 242.553 - Confidentiality
The name of the person making the complaint is confidential and may not be released to the institution or any other person, unless the person...
SUBCHAPTER N ADMINISTRATION OF MEDICATION
- Texas Section 242.554 - Preliminary Review Of Complaint; Inspection
(a) On receipt of a complaint under this subchapter, the department shall make a preliminary review of the complaint. (b) Within a reasonable time after...
- Texas Section 242.601 - Medication Administration
(a) An institution must establish medication administration procedures. (b) The medication administration procedures must comply with this subchapter and the rules adopted under Section 242.608....
- Texas Section 242.602 - Pharmacist Services
(a) An institution shall: (1) employ a licensed pharmacist responsible for operating the institution's pharmacy; or (2) contract, in writing, with a licensed pharmacist to...
- Texas Section 242.603 - Storage And Disposal Of Medications
(a) An institution shall store medications under appropriate conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security. (b) The institution shall properly dispose of:...
- Texas Section 242.604 - Reports Of Medication Errors And Adverse Reactions
An institution's nursing staff must report medication errors and adverse reactions to the resident's physician in a timely manner, as warranted by an assessment of...
- Texas Section 242.605 - Medication Reference Sources
An institution shall maintain updated medication reference texts or sources. If the institution has a resident younger than 18 years of age, these texts or...
- Texas Section 242.606 - Permits To Administer Medication
A person may not administer medication to a resident unless the person: (1) holds a license under state law that authorizes the person to administer...
- Texas Section 242.607 - Exemptions For Nursing Students And Medication Aide Trainees
(a) Sections 242.606 and 242.614 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Texas Board of Nursing; (2)...
- Texas Section 242.608 - 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 administer...
- Texas Section 242.609 - Training Programs To Administer Medication
(a) An application for the approval of a training program must be made to the department on a form and under rules prescribed by the...
- Texas Section 242.610 - Issuance And Renewal Of Permit To Administer Medication
(a) To be issued or to have renewed a permit to administer medication, a person shall apply to the department on a form prescribed and...
- Texas Section 242.6101 - Results Of Examination For Issuance Of Permit
(a) Not later than the 30th day after the date a person takes an examination for the issuance of a permit under this subchapter, the...
- Texas Section 242.611 - Fees For Issuance And Renewal Of Permit To Administer Medication
The executive commissioner by rule shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to...
- Texas Section 242.612 - Violation Of Permits To Administer Medication
(a) The department shall revoke, suspend, or refuse to renew a permit or shall reprimand a permit holder for a violation of this subchapter or...
- Texas Section 242.613 - Emergency Suspension Of Permits To Administer Medication
(a) The department shall issue an order to suspend a permit issued under this subchapter if the department has reasonable cause to believe that the...
SUBCHAPTER R ELECTRONIC MONITORING OF RESIDENT'S ROOM
- Texas Section 242.614 - Administration Of Medication; Criminal Penalty
(a) A person commits an offense if the person knowingly administers medication to a resident and the person: (1) does not hold a license under...
- Texas Section 242.841 - Definitions
In this subchapter: (1) "Authorized electronic monitoring" means the placement of an electronic monitoring device in the room of a resident of an institution and...
- Texas Section 242.842 - Criminal And Civil Liability
(a) It is a defense to prosecution under Section 16.02, Penal Code, or any other statute of this state under which it is an offense...
- Texas Section 242.843 - Covert Use Of Electronic Monitoring Device; Liability Of Department Or Institution
(a) For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be...
- Texas Section 242.844 - Required Form On Admission
The executive commissioner by rule shall prescribe a form that must be completed and signed on a resident's admission to an institution by or on...
- Texas Section 242.845 - Authorized Electronic Monitoring: Who May Request
(a) If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may...
- Texas Section 242.846 - Authorized Electronic Monitoring: Form Of Request; Consent Of Other Residents In Room
(a) A resident or the guardian or legal representative of a resident who wishes to conduct authorized electronic monitoring must make the request to the...
- Texas Section 242.847 - Authorized Electronic Monitoring: General Provisions
(a) An institution shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of...
- Texas Section 242.848 - Reporting Abuse And Neglect
(a) For purposes of the duty to report abuse or neglect under Section 260A.002 and the criminal penalty for the failure to report abuse or...
- Texas Section 242.849 - Use Of Tape Or Recording By Agency Or Court
(a) Subject to applicable rules of evidence and procedure and the requirements of this section, a tape or recording created through the use of covert...
- Texas Section 242.850 - Notice At Entrance To Institution
Each institution shall post a notice at the entrance to the institution stating that the rooms of some residents may be being monitored electronically by...
- Texas Section 242.851 - Enforcement
(a) The department may impose appropriate sanctions under this chapter on an administrator of an institution who knowingly: (1) refuses to permit a resident or...
SUBCHAPTER S FAMILY COUNCIL
- Texas Section 242.852 - Criminal Offense
(a) A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with this subchapter...
- Texas Section 242.901 - Definition
In this subchapter, "family council" means a group of family members, friends, or legal guardians of residents, who organize and meet privately or openly. Added...
- Texas Section 242.902 - Family Council
A family council may: (1) make recommendations to the institution proposing policy and operational decisions affecting resident care and quality of life; and (2) promote...
- Texas Section 242.903 - Duties Of Institution
(a) An institution shall consider the views and recommendations of the family council and make a reasonable effort to resolve the council's grievances. (b) An...
- Texas Section 242.904 - Meetings
(a) On written request, an institution shall allow a family council to meet in a common meeting room of the institution at least once a...
- Texas Section 242.905 - Visiting
A family council member may authorize in writing another member to visit and observe a resident represented by the authorizing member unless the resident objects....
- Texas Section 242.906 - Administration; Rules
(a) The department shall administer this subchapter. (b) The executive commissioner shall adopt rules necessary to implement this section. Added by Acts 2007, 80th Leg.,...