Current through Reg. 49, No. 38; September 20, 2024
(a)
Scope of subchapter. In accordance with Health and Safety Code, Chapter 531,
this subchapter applies to the final licensing or registration decisions of the
Department of State Health Services (department) that resulted in a final order
that was not reversed on appeal, for the following persons or entities
regulated under the Health and Safety Code:
(1) a youth camp licensed under Chapter
141;
(2) a hospital licensed under
Chapter 241;
(3) a special care
facility licensed under Chapter 248;
(4) a chemical dependency treatment facility
licensed under Chapter 464; and
(5)
a mental hospital or mental health facility licensed under Chapter
577.
(b) Record of final
decision. In accordance with Government Code, §
531.952,
the department shall maintain a record:
(1)
of each application for a license, including a renewal license or a
registration that is denied by the department under the law authorizing the
department to regulate the person or entity;
(2) of each license or registration that is
revoked, suspended, or terminated by the department under the applicable
law;
(3) until the 10th anniversary
of the date of the denial, revocation, suspension, or termination;
(4) that includes:
(A) the name and address of the applicant for
a license or registration that is denied by the department, and the name and
address of each person named on the application for a license or registration
that is denied;
(B) the name of
each controlling person of an entity for which an application, license or
registration is denied, revoked, suspended, or terminated as described in
paragraphs (1) and (2) of this subsection and the specific type of license or
registration that was denied, revoked, suspended, or terminated by the
department;
(C) a summary of the
terms of the denial, revocation, suspension, or termination; and
(D) the period the denial, revocation,
suspension, or termination was effective.
(5) The department shall provide a copy of
the records maintained under this section, in a form determined by the
department, to the Department of Aging and Disability Services and the
Department of Family and Protective Services (each Health and Human Services
agency that regulates a person described by Government Code, Chapter 531) on a
monthly basis.
(c)
Denial of application based on adverse agency decision. The department may deny
an application for a license, including a renewal license or a registration of
a person described in subsection (a) of this section if:
(1) the applicant, a person named on the
application, or a person determined by the regulating agency to be a
controlling person of an entity for which the license, listing, or registration
is sought is listed in a record maintained by a Health and Human Services
agency under Government Code, §
531.952;
and
(2) the agency's action that
resulted in the person being listed in a record maintained under Government
Code, §
531.952,
is based on:
(A) an act or omission that
resulted in physical or mental harm to an individual in the care of the
applicant or person;
(B) a threat
to the health, safety, or well-being of an individual in the care of the
applicant or person;
(C) the
physical, mental, or financial exploitation of an individual in the care of the
applicant or person; or
(D) a
determination by the agency that the applicant or person has committed an act
or omission that renders the applicant unqualified or unfit to fulfill the
obligations of the license, listing, or registration.
(d) Required application
information. An applicant submitting an initial or renewal application for a
license, including a renewal license or a registration described in subsection
(a) of this section must include with the application a written statement of:
(1) the name of any person who is or will be
a controlling person of the entity for which the license or registration is
sought; and
(2) any other relevant
information required by law, rule, or department policy.
