Tex. Health & Safety Code Section 242.061
Denial, Suspension, or Revocation of License


(a)

In this section:

(1)

“Abuse” has the meaning assigned by Section 260A.001 (Definitions).

(2)

“Immediate threat to health and safety” means a situation in which immediate corrective action is necessary because the facility’s noncompliance with one or more requirements has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.

(3)

“Neglect” has the meaning assigned by Section 260A.001 (Definitions).

(a-1)

The department, after providing notice and opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a license if the department finds that the applicant, the license holder, or any other person described by Section 242.032 (License or Renewal Application)(d) has:

(1)

violated this chapter or a rule, standard, or order adopted or license issued under this chapter in either a repeated or substantial manner;

(2)

committed any act described by Sections 242.066 (Administrative Penalty)(a)(2)-(6); or

(3)

failed to comply with Section 242.074 (Notification of Change in Financial Condition).

(a-2)

Except as provided by Subsection (a-3) or (e-1), the executive commissioner shall revoke a license under Subsection (a-1) if the department finds that:

(1)

the license holder has committed three violations described by Subsection (a-1), within a 24-month period, that constitute an immediate threat to health and safety related to the abuse or neglect of a resident; and

(2)

each of the violations described by Subdivision (1) is reported in connection with a separate survey, inspection, or investigation visit that occurred on separate entrance and exit dates.

(a-3)

The executive commissioner may not revoke a license under Subsection (a-2) due to a violation described by Subsection (a-2)(1), if:

(1)

the violation and the determination of immediate threat to health and safety are not included on the written list of violations left with the facility at the time of the initial exit conference under Section 242.0445 (Reporting of Violations)(b) for a survey, inspection, or investigation;

(2)

the violation is not included on the final statement of violations described by Section 242.0445 (Reporting of Violations); or

(3)

the violation has been reviewed under the informal dispute resolution process established by Section 531.058 (Informal Dispute Resolution for Certain Long-term Care Facilities), Government Code, and a determination was made that:

(A)

the violation should be removed from the license holder’s record; or

(B)

the violation is reduced in severity so that the violation is no longer cited as an immediate threat to health and safety related to the abuse or neglect of a resident.

(a-3)

The executive commissioner may not revoke a license under Subsection (a-2) due to a violation described by Subsection (a-2)(1), if:

(1)

the violation and the determination of immediate threat to health and safety are not included on the written list of violations left with the facility at the time of the initial exit conference under Section 242.0445 (Reporting of Violations)(b) for a survey, inspection, or investigation;

(2)

the violation is not included on the final statement of violations described by Section 242.0445 (Reporting of Violations); or

(3)

the violation has been reviewed under the informal dispute resolution process established by Section 526.0202 (Informal Dispute Resolution for Certain Long-term Care Facilities), Government Code, and a determination was made that:

(A)

the violation should be removed from the license holder’s record; or

(B)

the violation is reduced in severity so that the violation is no longer cited as an immediate threat to health and safety related to the abuse or neglect of a resident.

(b)

The status of a person as an applicant for a license or a license holder is preserved until final disposition of the contested matter, except as the court having jurisdiction of a judicial review of the matter may order in the public interest for the welfare and safety of the residents.

(c)

The department may deny, suspend, or revoke the license of an institution if any person described by Section 242.032 (License or Renewal Application)(d) has been excluded from holding a license under Section 242.0615 (Exclusion).

(c-1)

In the case of revocation of a license under Subsection (a-2), to ensure the health and safety of residents of the institution, the department may:

(1)

request the appointment of a trustee to operate the institution under Subchapter D;

(2)

assist with obtaining a new operator for the institution; or

(3)

assist with the relocation of residents to another institution.

(d)

A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court’s own motion, to resolve a dispute involving the denial, suspension, or revocation of a license under this section or the conduct with respect to which the denial, suspension, or revocation of the license is sought.

(e)

The executive commissioner may stay a license revocation required by Subsection (a-2) if the executive commissioner determines that the stay would not jeopardize the health and safety of the residents of the facility or place the residents at risk of abuse or neglect. The executive commissioner by rule shall establish criteria under which a license revocation may be stayed under this subsection. The executive commissioner shall follow negotiated rulemaking procedures prescribed by Chapter 2008 (Negotiated Rulemaking), Government Code, for the adoption of rules establishing the criteria. The criteria established must permit the executive commissioner to stay a license revocation of a nursing facility for which the department has deployed a rapid response team under Section 255.004 (Rapid Response Teams), if the facility has cooperated with the rapid response team and demonstrated improvement in quality of care, as determined by the rapid response team.

(e-1)

The executive commissioner may stay a license revocation required by Subsection (a-2) for a veterans home, as defined by Section 164.002 (Definitions), Natural Resources Code, if the Veterans’ Land Board contracts with a different entity to operate the veterans home than the entity that operated the home during the period in which the violations described by Subsection (a-2) occurred.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.12, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 452, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1094, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 304), Sec. 1(b), eff. June 19, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 304), Sec. 1(b), eff. September 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.44, eff. April 1, 2025.

Source: Section 242.061 — Denial, Suspension, or Revocation of License, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­242.­htm#242.­061 (accessed Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 242.061’s source at texas​.gov