Tex. Health & Safety Code Section 241.053
Denial of Application, Suspension, Revocation, Probation, or Reissuance of License


(a)

The department, after providing notice and an opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a hospital’s license if the department finds that the hospital:

(1)

failed to comply with:

(A)

a provision of this chapter;

(B)

a rule adopted under this chapter;

(C)

a special license condition;

(D)

an order or emergency order by the commissioner; or

(E)

another enforcement procedure permitted under this chapter;

(2)

has a history of noncompliance with the rules adopted under this chapter relating to patient health, safety, and rights which reflects more than nominal noncompliance; or

(3)

has aided, abetted, or permitted the commission of an illegal act.

(b)

A hospital whose license is suspended or revoked may apply to the department for the reissuance of a license. The department may reissue the license if the department determines that the hospital has corrected the conditions that led to the suspension or revocation of the hospital’s license, the initiation of enforcement action against the hospital, the assessment of administrative penalties, or the issuance of a court order enjoining the hospital from violations or assessing civil penalties against the hospital. A hospital whose license is suspended or revoked may not admit new patients until the license is reissued.

(c)

A hospital must apply for reissuance in the form and manner required in the rules adopted under this chapter.

(d)

Administrative hearings required under this section shall be conducted under the department’s formal hearing rules and the contested case provisions of Chapter 2001 (Administrative Procedure), Government Code.

(e)

Judicial review of a final decision by the department is by trial de novo in the same manner as a case appealed from the justice court to the county court. The substantial evidence rule does not apply.

(f)

If the department finds that a hospital is in repeated noncompliance under Subsection (a) but that the noncompliance does not endanger public health and safety, the department may schedule the hospital for probation rather than suspending or revoking the hospital’s license. The department shall provide notice to the hospital of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins. The department shall designate a period of not less than 30 days during which the hospital will remain under probation. During the probation period, the hospital must correct the items that were in noncompliance and report the corrections to the department for approval.

(g)

The department may suspend or revoke the license of a hospital that does not correct items that were in noncompliance or that does not comply with the applicable requirements within the applicable probation period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 584, Sec. 9, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 705, Sec. 3.01, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(51), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 802, Sec. 1, 2, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0577, eff. April 2, 2015.

Source: Section 241.053 — Denial of Application, Suspension, Revocation, Probation, or Reissuance of License, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­241.­htm#241.­053 (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

§ 241.053’s source at texas​.gov