Current through Reg. 49, No. 38; September 20, 2024
(a) The department
may deny, suspend, or revoke a license if the applicant or facility:
(1) fails to comply with any provision of the
statute;
(2) fails to comply with
any provision of this chapter;
(3)
commits fraud, misrepresentation, or concealment of a material fact on any
documents required to be submitted to the department or required to be
maintained by the facility pursuant to this chapter;
(4) aids, abets, or permits the commission of
an illegal act;
(5) fails to comply
with an order of the commissioner or another enforcement procedure under the
statute; or
(6) fails to comply
with applicable requirements within a designated probation period.
(b) The department may deny a
license if the applicant or licensee fails to provide the required license fee,
application, or renewal information.
(c) The department may suspend or revoke an
existing valid license or disqualify a person from receiving a license because
of a person's conviction of a felony or misdemeanor, if the crime directly
relates to the duties and responsibilities of a licensed facility.
(1) In determining whether a criminal
conviction directly relates, the department shall consider the provisions of
Occupations Code, §
53.022
and §
53.023.
(2) The following felonies and misdemeanors
directly relate because these criminal offenses indicate an inability or a
tendency for the person to be unable to own or operate a facility:
(A) a misdemeanor violation of the
statute;
(B) a conviction relating
to deceptive business practices;
(C) a misdemeanor or felony involving moral
turpitude;
(D) a misdemeanor of
practicing any health-related profession without a required license;
(E) a conviction under any federal or state
law relating to drugs, dangerous drugs, or controlled substances;
(F) an offense under the Penal Code, Title 5,
involving a patient or a patient of any health care facility, a home and
community support services agency, or a health care professional; or
(G) other misdemeanors and felonies which
indicate an inability or tendency for the person to be unable to own or operate
a facility, if action by the department will promote the intent of the statute,
this chapter, or Occupations Code, §
53.022
and §
53.023.
(3) Upon a licensee's felony
conviction, felony probation revocation, revocation of parole, or revocation of
mandatory supervision, the license shall be revoked.
(d) If the department proposes to deny,
suspend, or revoke a license, the department shall notify the facility by
certified mail, return receipt requested, or personal delivery of the reasons
for the proposed action, and offer the facility an opportunity for a hearing.
(1) The facility shall request a hearing
within 30 calendar days of receipt of the notice. Receipt of the notice is
presumed to occur on the tenth calendar day after the notice is mailed to the
last address known to the department, unless another date is reflected on a
United States Postal Service return receipt.
(2) The request for a hearing shall be in
writing and submitted to the Department of State Health Services, Mail Code
1979, P.O. Box 149347, Austin, Texas 78714-9347.
(3) A hearing shall be conducted pursuant to
the Administrative Procedure Act, Government Code, Chapter 2001.
(4) If the facility does not request a
hearing in writing within 30 calendar days of receipt of the notice, the
facility is deemed to have waived the opportunity for hearing, and the proposed
action shall be taken.
(5) If the
facility fails to appear or be represented at the scheduled hearing, the
facility has waived the right to a hearing, and the proposed action shall be
taken.
(e) If the
department suspends a license, the suspension shall remain in effect until the
department determines that the reason for suspension no longer exists. An
authorized representative of the department shall investigate prior to making a
determination.
(1) During the time of
suspension, the suspended license holder shall return the license to the
department.
(2) If a suspension
overlaps a renewal date, the suspended license holder shall comply with the
renewal procedures in this chapter; however, the department may not renew the
license until the department determines that the reason for suspension no
longer exists.
(f) If
the department revokes or does not renew a license, a person may reapply for a
license by complying with the requirements and procedures in this chapter at
the time of reapplication. The department may refuse to issue a license, if the
reason for revocation or nonrenewal continues to exist.
(g) Upon revocation or nonrenewal, a license
holder shall return the license to the department.
(h) 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 conduct of a license holder creates an
immediate danger to the public health and safety.
(1) An emergency suspension is effective
immediately without a hearing or notice to the license holder.
(2) On written request of the license holder,
the department shall conduct a hearing not earlier than the tenth day or later
than the 30th day after the date the hearing request is received to determine
if the emergency suspension is to be continued, modified, or rescinded. The
hearing and any appeal are governed by the department's rules for a contested
case hearing and Government Code, Chapter 2001.
(i) The department may schedule the facility
for a probation period of not less than 30 days, if the facility is found in
repeated noncompliance, and the facility's noncompliance does not endanger the
health and safety of the public.
