Current through Reg. 49, No. 38; September 20, 2024
(a) License required.
(1) Except as provided in §509.22 of
this subchapter (related to Exemptions from Licensure), a person may not
establish or operate a freestanding emergency medical care facility in this
state without a license issued by the Texas Health and Human Services
Commission (HHSC).
(2) A facility or
person shall not hold itself out to the public as a freestanding emergency
medical care facility or advertise, market, or otherwise promote the services
using the terms "emergency," "ER," or any similar term that would give the
impression that the facility or person is providing emergency care.
(3) An applicant shall submit a license
application in accordance with §509.24 of this subchapter (relating to
Application and Issuance of Initial License). The applicant shall retain copies
of all application documents submitted to HHSC.
(b) Compliance requirements. A facility shall
comply with the provisions of the Act and this chapter during the licensing
period.
(c) Scope of facility
license.
(1) Each separate facility location
shall have a separate license.
(2)
HHSC issues a facility license for the premises and person or governmental unit
named in the application.
(3) A
facility shall not have more than one health facility license for the same
physical address. The premises of a facility license shall be separated from
any other occupancy or licensed health facility by a minimum of a one-hour fire
rated wall.
(4) A facility license
authorizes only emergency care services and procedures that are related to
providing emergency care.
(d) License display requirements. A facility
shall prominently and conspicuously display the facility license in a public
area of the licensed premises that is readily visible to patients, employees,
and visitors.
(e) License
alterations prohibited. A facility license shall not be altered.
(f) License transfer prohibited. A facility
license shall not be transferred or assigned. The facility shall comply with
the provisions of §509.27 of this subchapter (relating to Change of
Ownership) in the event of a change in the ownership of a facility.
(g) Changes that affect the license.
(1) A facility shall notify HHSC in writing
before:
(A) any construction, renovation, or
modification of the facility buildings as described in 25 TAC Chapter 131,
Subchapter G (relating to Physical Plant and Construction Requirements); or
(B) facility operations cease.
(2) A facility shall
notify HHSC in writing not later than the third calendar day after:
(A) a facility modifies its evacuation or
smoke compartment relocation plans in accordance with the requirements of NFPA
101: Life Safety Code (2018); or
(B) a facility's fire alarm system or
sprinkler system becomes non-operational.
(3) A facility shall notify HHSC in writing
not later than the 10th calendar day after the effective date of:
(A) a change in certification or
accreditation status; or
(B) a
change in facility name, mailing address, telephone number, or administrator.
(4) A facility that
becomes inactive or closes shall meet the requirements in §509.26 of this
subchapter (relating to Inactive Status and Closure).
