Texas Health And Safety Code Title 4, Chapter 251 - End Stage Renal Disease Facilities

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 251.001 - Definitions
  In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(66), eff. April 2, 2015. (2) "Commissioner" means the commissioner of...
• Texas Section 251.002 - Fees
  (a) The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this...

SUBCHAPTER B LICENSING OF END STAGE RENAL DISEASE FACILITIES

• Texas Section 251.003 - Adoption Of Rules
  The executive commissioner shall adopt rules to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate...
• Texas Section 251.011 - License Required
  Except as provided by Section 251.012, a person may not operate an end stage renal disease facility without a license issued under this chapter. Added...
• Texas Section 251.012 - Exemptions From Licensing Requirement
  The following facilities are not required to be licensed under this chapter: (1) a home and community support services agency licensed under Chapter 142 with...
• Texas Section 251.013 - Issuance And Renewal Of License
  (a) An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department. (b) Each...
• Texas Section 251.014 - Minimum Standards
  (a) The rules adopted under Section 251.003 must contain minimum standards to protect the health and safety of a patient of an end stage renal...

SUBCHAPTER C DIALYSIS TECHNICIANS

• Texas Section 251.015 - Medical Review Board
  (a) A medical review board shall advise the executive commissioner and the department on minimum standards and rules to be adopted by the executive commissioner...
• Texas Section 251.031 - Training Required
  An individual may not act as a dialysis technician employed by or working in an end stage renal disease facility unless that individual is trained...

SUBCHAPTER D INSPECTIONS

• Texas Section 251.032 - Minimum Requirements; Training
  The department rules adopted under Section 251.003 shall establish: (1) minimum standards for the curricula and instructors used to train individuals to act as dialysis...
• Texas Section 251.051 - Inspections
  (a) The department may conduct an inspection of an end stage renal disease facility to verify compliance with this chapter, rules adopted under this chapter,...

SUBCHAPTER E ENFORCEMENT

• Texas Section 251.052 - Disclosure Of Unannounced Inspection; Criminal Penalty
  (a) A person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date or time of or any...
• Texas Section 251.061 - Corrective Action Plan
  (a) The department may use a corrective action plan as an alternative to enforcement action under this subchapter. (b) Before taking enforcement action under this...
• Texas Section 251.062 - Denial, Suspension, Probation, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under...
• Texas Section 251.0621 - Emergency Suspension
  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the...
• Texas Section 251.063 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule adopted...
• Texas Section 251.064 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 251.011 or 251.031. (b) An offense under this section is a Class C misdemeanor....
• Texas Section 251.065 - Civil Penalty
  (a) A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a...
• Texas Section 251.066 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The penalty...
• Texas Section 251.067 - Report Recommending Administrative Penalty
  (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 251.068 - Hearing; Order
  (a) If the person notified fails to respond in a timely manner to the notice under Section 251.067(b) or if the person requests a hearing,...
• Texas Section 251.069 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
  (a) The department shall give notice of the department's order under Section 251.068(c) to the person notified. The notice must include: (1) separate statements of...
• Texas Section 251.070 - Penalty Deposited To State Treasury
  A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. Added...

SUBCHAPTER F TEMPORARY MANAGER

• Texas Section 251.071 - Recovery Of Costs
  (a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's...
• Texas Section 251.091 - Appointment By Agreement
  (a) A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management...
• Texas Section 251.092 - 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 251.093 - Fee; Release Of Funds
  (a) A temporary manager appointed under Section 251.092 is entitled to a reasonable fee as determined by the court. The fee shall be paid by...

Last modified: September 28, 2016