Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 137 - BIRTHING CENTERS
Subchapter B - LICENSING PROCEDURES
Section 137.12 - Change of Ownership or Services and Closure

Universal Citation: 25 TX Admin Code ยง 137.12

Current through Reg. 49, No. 38; September 20, 2024

(a) The following provisions apply to a change of ownership of a center and affect the condition of a license.

(1) A license is not transferable or assignable from one person to another person.

(2) A license issued by the department may not be materially altered in any way.

(3) A change of ownership of a center is effective when the name of the licensed person reflected on the license certificate and original application is changed by the department to reflect the name of the person applying for the change of ownership.

(4) A person who desires to receive a license in its name for a center licensed under the name of another person or to change the ownership of any center shall submit a new license application and the initial license fee at least 60 calendar days prior to the desired date of the change of ownership. The application shall be in accordance with § 137.11(a) of this title (relating to Application Procedures and Issuance of Licenses).

(5) An application for a change of ownership shall include a notarized affidavit signed by the previous owner acknowledging agreement with the change of ownership. If the applicant is a corporation, the application shall include a copy of the applicant's articles of incorporation. If the applicant is a business entity other than a corporation, the applicant shall include a copy of the sales agreement.

(6) The previous owner's license shall be void on the effective date of the change of ownership.

(7) This subsection does not apply if a licensee is simply revising its name as allowed by law (i.e., a corporation is amending the articles of incorporation to revise its name).

(8) The sale of stock of a corporate licensee does not cause this subsection to apply.

(b) The following business changes affect the condition of a license and shall be reported to the department.

(1) If a center changes its business name, business address, telephone number of the center, administrator's telephone number, or fax number, the administrator must notify the department in writing within 15 calendar days after the effective date of the change.

(2) If a center changes its administrator, the center shall provide the name of the new administrator and effective date to the department in writing no later than 30 calendar days following such change.

(c) The licensee shall notify the department in writing within 15 calendar days when a center ceases operation. The licensee shall return the original license certificate to the department with the written notification.

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