Tex. Health & Safety Code Section 12.0145
Information About Enforcement Actions


(a)

The department shall publish and provide information in accordance with this section regarding each final enforcement action taken by the department or commissioner against a person or facility regulated by the department in which any kind of sanction is imposed, including:

(1)

the imposition of a reprimand, a period of probation, a monetary penalty, or a condition on a person’s continued practice or a facility’s continued operation; and

(2)

the refusal to renew or the suspension, probation, or revocation of a license or other form of permission to engage in an activity.

(b)

Except to the extent that the information is specifically made confidential under other law, the department shall publish and provide the name, including any trade name, of the person or facility against which an enforcement action was taken, the violation that the person or facility was found to have committed, and the sanction imposed. The department shall publish and provide the information in a way that does not serve to identify a complainant.

(c)

The department shall publish the information on its generally accessible Internet site. The department also shall provide the information by establishing a system under which members of the public can call toll-free numbers to obtain the information efficiently and with a minimum of delay. The department shall appropriately publicize the toll-free numbers.

(d)

The department shall publish and provide the information promptly after the sanction has been imposed or, when applicable, promptly after the period during which the sanction is imposed has begun. The executive commissioner by rule shall establish the length of time during which the required information will be published and provided under this section based on the executive commissioner’s determination regarding the types of services provided by regulated entities and the length of time for which information about a category of enforcement actions is useful to a member of the public.

(e)

The department shall publish and provide the information using clear language that can be readily understood by a person with a high school education.

(f)

If another law specifically requires that particular information subject to this section shall be published in another manner, the department shall comply with this section and with the other law.

(g)

A determination that the department is not required to publish and provide information under this section does not affect a determination regarding whether the information is subject to required disclosure under the open records law, Chapter 552 (Public Information), Government Code. The executive commissioner’s determination regarding the length of the period during which information should continue to be published and provided under this section does not affect a determination regarding the period for which the information must be preserved under Chapter 441 (Libraries and Archives), Government Code, or under another law.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 1.11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0021, eff. April 2, 2015.

Source: Section 12.0145 — Information About Enforcement Actions, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­12.­htm#12.­0145 (accessed Jun. 5, 2024).

12.0001
Commissioner’s Powers and Duties
12.001
General Powers and Duties of Executive Commissioner
12.002
Certain Procedures for Investigations
12.003
Legal Representation
12.0011
Investigations in General
12.011
Appropriations, Grants, and Donations
12.012
Awarding Contracts or Grants and Selecting Service Providers
12.013
Driving and Traffic Policies
12.014
Registry
12.015
Information on Community Services
12.016
Public Hearing Procedures
12.018
Unannounced Inspections
12.019
Genetic Counseling Fees
12.020
Protection and Use of Intellectual Property
12.031
Definition
12.032
Fees for Public Health Services
12.033
Distribution and Administration of Certain Vaccines and Sera
12.034
Collection Procedures
12.035
Public Health Services Fee Account
12.036
Subrogation
12.037
Modification, Suspension, or Termination of Services
12.038
Rules
12.039
Construction of Other Laws
12.051
Provision of Funds
12.052
Requirements for Expenditure of Certain Funds
12.053
Inventory Requirements
12.054
Disposition of Certain Department Property
12.055
Certain Procurements Made with Department Funds
12.056
Participation in Department Purchasing Contracts or Group Purchasing Program
12.071
Office of Border Health
12.072
Vector-borne and Zoonotic Disease Mitigation in Border Counties
12.091
Definition
12.092
Medical Advisory Board
12.093
Administration
12.094
Rules Relating to Medical Advisory Board Members
12.095
Board Panels
12.096
Physician Report
12.097
Confidentiality Requirements
12.098
Liability
12.0111
Licensing Fees
12.111
Texas Volunteer Health Corps
12.0112
Term of License
12.112
Coordinators
12.113
Volunteers
12.114
Vital Health Care Issues
12.0115
Integration of Health Care Delivery Programs
12.115
Mentors
12.116
Information
12.0121
Contracting for Professional Services
12.0122
Sale of Laboratory Services
12.0125
Drug Rebates
12.0127
Immigration Visa Waivers for Physicians
12.0128
Health Alert Network
12.131
Definitions
12.132
Certification to Comptroller
12.133
Collection of Information
12.134
Disputes Relating to Information Collected
12.135
Effect of Dispute
12.136
Adjustment Following Audit
12.137
Tobacco Settlement Permanent Trust Account Administration Advisory Committee
12.138
Approval of Rules
12.139
Annual Review
12.0145
Information About Enforcement Actions
12.0146
Trends in Enforcement

Accessed:
Jun. 5, 2024

§ 12.0145’s source at texas​.gov