Tex. Health & Safety Code Section 242.0385
Early Compliance Review

(a)

The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an institution may submit building plans to the department for review for compliance with the department’s architectural requirements before beginning construction or modification. In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.

(b)

The department shall, within 30 days, review plans submitted under this section for compliance with the department’s architectural requirements and inform the person in writing of the results of the review. If the plans comply with the department’s architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:

(1)

the change is required by federal law; or

(2)

the person fails to complete the project within a reasonable time.

(c)

The department may charge a reasonable fee for conducting a review under this section.

(d)

A fee collected under this section shall be deposited in the general revenue fund.

(e)

The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced.
Added by Acts 2001, 77th Leg., ch. 339, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0604, eff. April 2, 2015.

Source: Section 242.0385 — Early Compliance Review, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­242.­htm#242.­0385 (accessed Jun. 5, 2024).

242.001
Scope, Purpose, and Implementation 242.002
Definitions 242.003
Exemptions 242.005
Performance Reports 242.006
Directory of Licensed Institutions 242.007
Consultation and Cooperation 242.008
Employment of Personnel 242.009
Federal Funds 242.010
Change of Administrators 242.011
Language Requirements Prohibited 242.013
Paperwork Reduction Rules 242.014
Prohibition of Remuneration 242.015
Licensed Administrator 242.016
Fees and Penalties 242.017
Admissibility of Certain Evidence in Civil Actions 242.019
Guardianship Orders 242.020
Civil Liability Related to Misappropriation of Resident’s Funds 242.0021
Controlling Person 242.031
License Required 242.032
License or Renewal Application 242.033
Issuance and Renewal of License 242.034
License Fees 242.035
Licensing Categories 242.036
Grading 242.037
Rules 242.038
Reasonable Time to Comply 242.039
Fire Safety Requirements 242.040
Certification of Institutions that Care for Persons with Alzheimer’s Disease and Related Disorders 242.041
False Communication Concerning Certification 242.042
Posting 242.043
Inspections 242.044
Unannounced Inspections 242.045
Disclosure of Unannounced Inspections 242.046
Open Hearing 242.047
Accreditation Review to Satisfy Inspection or Certification Requirements 242.048
Licensing Surveys 242.049
Quality Improvement 242.051
Notification of Award of Exemplary Damages 242.052
Drug Testing of Employees 242.061
Denial, Suspension, or Revocation of License 242.062
Emergency Suspension or Closing Order 242.063
Injunction 242.064
License Requirement 242.065
Civil Penalty 242.066
Administrative Penalty 242.067
Report Recommending Administrative Penalty 242.068
Hearings on Administrative Penalties 242.069
Notice and Payment of Administrative Penalty 242.070
Application of Other Law 242.071
Amelioration of Violation 242.072
Other Remedies 242.073
Legal Action by the Attorney General 242.074
Notification of Change in Financial Condition 242.091
Findings and Purpose 242.092
Definition 242.093
Appointment by Agreement 242.094
Involuntary Appointment 242.095
Fee 242.096
Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds 242.097
Additional License Fee--nursing and Convalescent Homes 242.098
Reimbursement 242.099
Applicability of Other Law 242.100
Notification of Closing 242.101
Criminal Penalty 242.102
Ineligibility for License 242.151
Physician Services 242.153
Director of Nursing Services 242.154
Nursing Services 242.155
Pediatric Nursing Services 242.156
Required Medical Examination 242.157
Dental Examination 242.158
Identification of Certain Nursing Facility Residents Requiring Mental Health or Intellectual Disability Services 242.159
Automated External Defibrillators 242.181
Definitions 242.182
Respite Care 242.183
Plan of Care 242.184
Notification 242.185
Inspections 242.186
Suspension 242.201
Scope of Subchapter 242.202
Disclosure Required 242.203
Violation 242.204
Rules 242.221
Automated System for Medicaid Patient Care and Reimbursement 242.222
Data Used by System 242.223
Frequency of Data Submission 242.224
Electronic Claims for Reimbursement 242.225
Date of Reimbursement 242.226
Rules 242.251
Scope of Subchapter 242.252
Election of Arbitration 242.253
Arbitration Procedures 242.254
Arbitrator 242.255
Arbitrator 242.256
Duties of Arbitrator 242.257
Scheduling of Arbitration 242.258
Exchange and Filing of Information 242.259
Attendance Required 242.260
Testimony 242.261
Evidence 242.262
Closing Statements 242.263
Ex Parte Contacts Prohibited 242.264
Order 242.265
Effect of Order 242.266
Clerical Error 242.267
Court Vacating Order 242.268
No Arbitration in Case of Emergency Order or Closing Order 242.269
Enforcement of Certain Arbitration Orders 242.301
Definitions 242.302
Powers and Duties of Department and Executive Commissioner 242.303
Nursing Facility Administrators Advisory Committee 242.304
Fees 242.305
Practicing Without a License 242.306
License Application 242.307
Examination 242.308
Licenses 242.309
Provisional License 242.310
License Renewal 242.311
Mandatory Continuing Education 242.312
Complaint Receipt, Investigation, and Disposition 242.313
Sanctions 242.314
Written Reprimand and Continuing Education as Sanctions 242.315
Administrative Penalty as Sanction 242.316
Notice and Hearing 242.317
Informal Proceedings 242.318
Monitoring of License Holder 242.319
Civil Penalty 242.320
Assistance of Attorney General 242.321
Offense 242.322
Protection for Refusal to Engage in Certain Conduct 242.323
Monitoring of License Holder 242.324
Civil Penalty 242.325
Assistance of Attorney General 242.326
Offense 242.327
Protection for Refusal to Engage in Certain Conduct 242.0335
Expedited Issuance of Change of Ownership License to Certain Current License Holders 242.0336
Temporary Change of Ownership License 242.0371
Notice of Certain Employment Policies 242.0373
Restraint and Seclusion 242.0385
Early Compliance Review 242.0395
Registration with Texas Information and Referral Network 242.401
Quality of Life 242.402
Quality of Care 242.403
Standards for Quality of Life and Quality of Care 242.404
Policies, Procedures, and Practices for Quality of Care and Quality of Life 242.0405
Notice of Alzheimer’s Disease and Related Disorders Certification 242.0441
Follow-up Inspections 242.0442
Commission Evaluation of Regulatory Capacity 242.0445
Reporting of Violations 242.501
Resident’s Rights 242.502
Rights Cumulative 242.503
Duties of Institution 242.504
Information About Resident’s Rights and Violations 242.505
Prescription of Psychoactive Medication 242.551
Complaint Requesting Inspection 242.552
Disclosure of Substance of Complaint 242.553
Confidentiality 242.554
Preliminary Review of Complaint 242.601
Medication Administration 242.602
Pharmacist Services 242.603
Storage and Disposal of Medications 242.604
Reports of Medication Errors and Adverse Reactions 242.605
Medication Reference Sources 242.606
Permits to Administer Medication 242.607
Exemptions for Nursing Students and Medication Aide Trainees 242.608
Rules for Administration of Medication 242.609
Training Programs to Administer Medication 242.610
Issuance and Renewal of Permit to Administer Medication 242.611
Fees for Issuance and Renewal of Permit to Administer Medication 242.612
Violation of Permits to Administer Medication 242.613
Emergency Suspension of Permits to Administer Medication 242.614
Administration of Medication 242.0615
Exclusion 242.0661
Administrative Penalty for Confiscation or Misappropriation of Federal Payments 242.0663
Violation of Law Relating to Advance Directives 242.0665
Right to Correct 242.0695
Use of Administrative Penalty 242.841
Definitions 242.842
Criminal and Civil Liability 242.843
Covert Use of Electronic Monitoring Device 242.844
Required Form on Admission 242.845
Authorized Electronic Monitoring: Who May Request 242.846
Authorized Electronic Monitoring: Form of Request 242.847
Authorized Electronic Monitoring: General Provisions 242.848
Reporting Abuse and Neglect 242.849
Use of Tape or Recording by Agency or Court 242.850
Notice at Entrance to Institution 242.851
Enforcement 242.852
Criminal Offense 242.901
Definition 242.902
Family Council 242.903
Duties of Institution 242.904
Meetings 242.905
Visiting 242.906
Administration 242.0945
Qualifications of Trustees 242.0946
Nepotism Prohibition 242.951
Definition 242.952
Applicability 242.953
Services Provided by Certain Vocational Nursing Students 242.0965
Assisted Living Facility Trust Fund and Emergency Assistance Funds 242.0975
Additional License Fee--assisted Living Facilities 242.3061
Applicability of Other Law 242.3115
Applicability of Other Law 242.6101
Results of Examination for Issuance of Permit 242.6111
Applicability of Other Law
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 242.0385’s source at texas​.gov