Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 133 - HOSPITAL LICENSING
Subchapter B - HOSPITAL LICENSE
Section 133.21 - General
Universal Citation: 25 TX Admin Code ยง 133.21
Current through Reg. 49, No. 38; September 20, 2024
(a) License required.
(1) A hospital shall obtain a license prior
to admitting patients.
(2) Upon
written request, the Department of State Health Services (department) shall
furnish a person with an application for a hospital license.
(3) The license application shall be
submitted in accordance with §
133.22
of this title (relating to Application and Issuance of Initial License). The
applicant shall retain copies of all application documents submitted to the
department.
(b) Compliance. A hospital shall comply with the provisions of the Act and this chapter during the licensing period.
(c) Scope of hospital license.
(1) A hospital license is issued for the
premises and person or governmental unit named in the application.
(2) A hospital license shall not include
off-site outpatient facilities.
(3)
Multiple hospitals may share one building.
(A)
Each hospital shall be licensed separately.
(B) No part of the building may be dually
licensed by more than one hospital; and
(C) Each hospital in the building shall
comply with the requirements of §
133.165
of this title (relating to Building with Multiple Occupancies).
(4) Multiple hospitals may be
licensed under one license provided the following conditions are met.
(A) The hospitals must comply with the
requirements for multiple hospitals under a single license as specified under
§
133.2(41)
of this title (relating to Definitions).
(B) Each hospital location under the hospital
license must;
(i) provide emergency services
in compliance with §
133.41(e)
of this title (relating to Hospital Functions and Services); and
(ii) meet the requirements as an existing
hospital in accordance with §
133.161
of this title (relating to Requirements for Buildings in Which Existing
Licensed Hospitals are Located) as determined by the department; or
(iii) meet the requirements of a new hospital
in accordance with §
133.162
of this title (relating to New Construction Requirements) as determined by the
department.
(C) The
administration of the primary hospital location must submit to the department
the following:
(i) a complete and accurate
multiple-location application;
(ii)
a licensing fee for the number of design beds at the multiple-location hospital
in accordance with §
133.26(b)
of this title (relating to Fees);
(iii) a copy of a hospital fire safety survey
of the multiple-location hospital indicating approval by the local fire
authority in whose jurisdiction the hospital is based that is dated no earlier
than one year prior to the multiple-location application; and
(iv) if the main hospital is accredited by a
Centers for Medicare and Medicaid Services-approved organization, a letter
extending the accreditation of the main hospital to the multiple
location.
(D) If a
change of ownership is concurrent with the request for a hospital to become a
multiple location of another, the department will require the new owners to
submit the documents in subparagraph (C) of this paragraph and a signed copy of
the bill of sale or lease agreement that reflects the effective date of the
sale or lease. No change of ownership application will be required.
(5) A hospital license and an
ambulatory surgical center license shall not be issued for the same
premises.
(d) Display. A hospital shall prominently and conspicuously display the hospital license in a public area of the licensed premises that is readily visible to patients, employees, and visitors.
(e) Alteration. A hospital license shall not be altered.
(f) Transfer or assignment prohibited. A hospital license shall not be transferred or assigned. The hospital shall comply with the provisions of § 133.24 of this title (relating to Change of Ownership) in the event of a change in the ownership of a hospital.
(g) Changes which affect the license.
(1) A
hospital shall notify the department in writing prior to the occurrence of any
of the following:
(A) addition or deletion of
those services indicated on the license application;
(B) changes in design bed capacity as the
phrase is used in §133.26(b)(1)(A) - (C) of this title;
(C) request to change license classification;
and
(D) any construction,
renovation, or modification of the hospital buildings.
(2) A hospital shall notify the department in
writing at the time of the occurrence of any of the following:
(A) cessation of operation of the hospital.
The hospital shall include in the written notice the location where the medical
records will be stored and the identity and telephone number of the custodian
of the medical records;
(B) change
in certification or accreditation status;
(C) change in hospital name, telephone number
or administrator; and
(D) change in
the emergency contact name and phone number.
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