Tex. Health & Safety Code Section 241.051
Inspections


(a)

The department may make any inspection, survey, or investigation that it considers necessary. A representative of the department may enter the premises of a hospital at any reasonable time to make an inspection, a survey, or an investigation to assure compliance with or prevent a violation of this chapter, the rules adopted under this chapter, an order or special order of the commissioner, a special license provision, a court order granting injunctive relief, or other enforcement procedures. The department shall maintain the confidentiality of hospital records as applicable under state or federal law.

(b)

The department or a representative of the department is entitled to access to all books, records, or other documents maintained by or on behalf of the hospital to the extent necessary to enforce this chapter, the rules adopted under this chapter, an order or special order of the commissioner, a special license provision, a court order granting injunctive relief, or other enforcement procedures.

(c)

By applying for or holding a hospital license, the hospital consents to entry and inspection of the hospital by the department or a representative of the department in accordance with this chapter and the rules adopted under this chapter.

(d)

Except as provided by Subsection (e), all information and materials in the possession of or obtained or compiled by the commission in connection with a complaint and investigation concerning a hospital are confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the commission or its employees or agents involved in the enforcement action except that this information may be disclosed to:

(1)

persons involved with the commission in the enforcement action against the hospital;

(2)

the hospital that is the subject of the enforcement action, or the hospital’s authorized representative;

(3)

appropriate state or federal agencies that are authorized to inspect, survey, or investigate hospital services;

(4)

law enforcement agencies; and

(5)

persons engaged in bona fide research, if all individual-identifying and hospital-identifying information has been deleted.

(e)

The following information is subject to disclosure in accordance with Chapter 552 (Public Information), Government Code, only to the extent that all personally identifiable information of a patient or health care provider is omitted from the information:

(1)

a notice of the hospital’s alleged violation, which must include the provisions of law the hospital is alleged to have violated, and a general statement of the nature of the alleged violation;

(2)

the number of investigations the commission has conducted of the hospital;

(3)

the pleadings in any administrative proceeding to impose a penalty against the hospital for the alleged violation;

(4)

the outcome of each investigation the commission conducted of the hospital, including:

(A)

the issuance of a reprimand;

(B)

the denial or revocation of a license;

(C)

the adoption of a corrective action plan; or

(D)

the imposition of an administrative penalty and the penalty amount; and

(5)

a final decision, investigative report, or order issued by the commission to address the alleged violation.

(f)

Not later than the 90th day after the date the commission issues a final decision, investigative report, or order to address a hospital’s alleged violation, the commission shall post on the commission’s Internet website:

(1)

the notice of alleged violation described by Subsection (e)(1);

(2)

the name of the hospital;

(3)

the geographic location of the hospital;

(4)

the date the commission issued the final decision, investigative report, or order; and

(5)

the outcome of the commission’s investigation of the hospital that includes the information described by Subsection (e)(4).

(g)

The commission may not remove information posted on the commission’s Internet website under Subsection (f) before the second anniversary of the date the information is posted on the Internet website.

(h)

Nothing in this section precludes a hospital from releasing medical records in the hospital’s possession:

(1)

on the request of the patient who is the subject of the record; or

(2)

to the patient, the parent or guardian of a patient who is a minor or incapacitated, or the personal representative of a patient who is deceased.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 584, Sec. 8, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1444, Sec. 15, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0576, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 42 (H.B. 49), Sec. 1, eff. September 1, 2023.

Source: Section 241.051 — Inspections, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­241.­htm#241.­051 (accessed Jun. 5, 2024).

241.001
Short Title
241.002
Purpose
241.003
Definitions
241.004
Exemptions
241.005
Employment of Personnel
241.006
Coordination of Signage Requirements Imposed by State Agencies
241.007
Compliance with Certain Requirements Regarding Sonogram Before Abortion
241.009
Photo Identification Badge Required
241.010
Disposition of Fetal Remains
241.011
Human Trafficking Signs Required
241.012
In-person Hospital Visitation During Period of Disaster
241.021
License Required
241.022
License Application
241.023
Issuance of License
241.025
License Fees
241.026
Rules and Minimum Standards
241.027
Patient Transfers
241.028
Transfer Agreements
241.029
Policies and Procedures Relating to Workplace Safety
241.051
Inspections
241.052
Compliance with Rules and Standards
241.053
Denial of Application, Suspension, Revocation, Probation, or Reissuance of License
241.054
Violations
241.055
Civil Penalty
241.056
Suit by Person Harmed
241.057
Criminal Penalty
241.058
Minor Violations
241.059
Administrative Penalty
241.060
Administrative Penalty for Mental Health, Chemical Dependency, or Rehabilitation Services
241.101
Hospital Authority Concerning Medical Staff
241.102
Authorizations and Restrictions in Relation to Physicians and Podiatrists
241.103
Preservation of Records
241.104
Hospital Plan Reviews
241.105
Hospital Privileges for Advanced Practice Nurses and Physician Assistants
241.121
Definition
241.122
License Required
241.123
Rehabilitation Services Standards
241.151
Definitions
241.152
Written Authorization for Disclosure of Health Care Information
241.153
Disclosure Without Written Authorization
241.154
Request
241.155
Safeguards for Security of Health Care Information
241.156
Patient Remedies
241.182
Level of Care Designations
241.183
Rules
241.184
Confidentiality
241.185
Assignment of Level of Care Designation
241.186
Hospital Not Designated
241.187
Perinatal Advisory Council
241.201
Applicability
241.202
Advertising
241.204
Administrative Penalty
241.205
Disclosure Statement Required
241.221
Applicability
241.222
Certain Fees Prohibited
241.223
Disclosure of Certain Prices and Fees During Declared Disaster
241.224
Prohibited Pricing Practices During Declared State of Disaster
241.225
Enforcement
241.251
Applicability
241.252
Notice of Fees
241.0262
Circulating Duties for Surgical Services
241.0263
Recommendations Relating to Missing Infants
241.0265
Standards for Care for Mental Health and Chemical Dependency
241.301
Definition
241.302
License Required
241.303
Licensing Fee
241.351
Definition
241.352
Limitation on Civil Liability of Children’s Isolation Unit
241.401
Definitions
241.402
Approval Required
241.403
Minimum Standards
241.404
Application
241.405
Fee
241.406
Waiver of Requirements
241.0531
Commissioner’s Emergency Orders
241.0555
Additional Requirements: Potentially Preventable Adverse Events
241.0585
Recovery of Costs
241.1015
Physician Communication and Contracts
241.1031
Preservation of Record from Forensic Medical Examination
241.1531
Exchange of Inmate’s Health Care Information
241.1835
Use of Telemedicine Medical Services
241.1836
Appeal Process
241.1837
Patient Safety Practices Regarding Placenta Accreta Spectrum Disorder
241.1865
Waiver from Level of Care Designation Requirements

Accessed:
Jun. 5, 2024

§ 241.051’s source at texas​.gov