Current through Reg. 50, No. 13; March 28, 2025
(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).
