Texas Statutes GuidePresented by the Law Offices of Jesus R. Lopez

All codes › Health and Safety Code › Title 4

Chapter 242

Convalescent and Nursing Facilities and Related Institutions

Subchapter A. General Provisions

242.001 Scope, Purpose, and Implementation 242.002 Definitions 242.0021 Controlling Person 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 242.018 Compliance with Chapter 242.019 Guardianship Orders 242.020 Civil Liability Related to Misappropriation of Resident's Funds

Subchapter B. Licensing, Fees, and Inspections

242.031 License Required 242.032 License or Renewal Application 242.033 Issuance and Renewal of License 242.0333 Notification of Change to Ownership Interest Application Information 242.0335 Expedited Issuance of Change of Ownership License to Certain Current License Holders 242.0336 Temporary Change of Ownership License 242.034 License Fees 242.035 Licensing Categories 242.036 Grading 242.037 Rules; Minimum Standards 242.0371 Notice of Certain Employment Policies 242.0373 Restraint and Seclusion 242.038 Reasonable Time to Comply 242.0385 Early Compliance Review 242.039 Fire Safety Requirements 242.0395 Registration with Texas Information and Referral Network 242.040 Certification of Institutions That Care for Persons with Alzheimer's Disease and Related Disorders 242.0405 Notice of Alzheimer's Disease and Related Disorders Certification 242.041 False Communication Concerning Certification; Criminal Penalty 242.042 Posting 242.043 Inspections 242.044 Unannounced Inspections 242.0441 Follow-Up Inspections 242.0442 Commission Evaluation of Regulatory Capacity 242.0445 Reporting of Violations 242.045 Disclosure of Unannounced Inspections; Criminal Penalty 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

Subchapter C. General Enforcement

242.061 Denial, Suspension, or Revocation of License 242.0615 Exclusion 242.062 Emergency Suspension or Closing Order 242.063 Injunction 242.064 License Requirement; Criminal Penalty 242.065 Civil Penalty 242.066 Administrative Penalty 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 242.067 Report Recommending Administrative Penalty 242.068 Hearings on Administrative Penalties 242.069 Notice and Payment of Administrative Penalty; Interest; Refund 242.0695 Use 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 242.075 Prohibited Retaliation

Subchapter D. Trustees for Nursing or Convalescent Homes

242.091 Findings and Purpose 242.092 Definition 242.093 Appointment by Agreement 242.094 Involuntary Appointment 242.0945 Qualifications of Trustees 242.0946 Nepotism Prohibition 242.095 Fee; Release of Funds 242.096 Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds 242.0965 Assisted Living Facility Trust Fund and Emergency Assistance Funds 242.097 Additional License Fee--Nursing and Convalescent Homes 242.0975 Additional License Fee--Assisted Living Facilities 242.098 Reimbursement 242.099 Applicability of Other Law 242.100 Notification of Closing 242.101 Criminal Penalty 242.102 Ineligibility for License

Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication

242.151 Physician Services 242.152 Physician Services for Residents Younger Than 18 Years of Age 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

Subchapter G. Respite Care

242.181 Definitions 242.182 Respite Care 242.183 Plan of Care 242.184 Notification 242.185 Inspections 242.186 Suspension

Subchapter H. Care for Residents with Alzheimer's Disease and Related Disorders

242.201 Scope of Subchapter 242.202 Disclosure Required 242.203 Violation 242.204 Rules

Subchapter H-1. Automated Medicaid Patient Care and Reimbursement System

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

Subchapter H-2. Arbitration of Certain Disputes

242.251 Scope of Subchapter 242.252 Election of Arbitration 242.253 Arbitration Procedures 242.254 Arbitrator; Qualifications 242.255 Arbitrator; Selection 242.256 Duties of Arbitrator 242.257 Scheduling of Arbitration 242.258 Exchange and Filing of Information 242.259 Attendance Required 242.260 Testimony; Record 242.261 Evidence 242.262 Closing Statements; Briefs 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

Subchapter I. Nursing Facility Administration

Subchapter I, consisting of Secs. 242.301 to 242.322, was added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01.

For another Subchapter I, consisting of Secs. 242.301 to 242.327, added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01, see Sec. 242.301 et seq. post.

242.301 Definitions 242.302 Powers and Duties of Department and Executive Commissioner 242.303 Nursing Facility Administrators Advisory Committee 242.304 Fees; Funds 242.305 Practicing Without a License 242.306 License Application; Qualifications 242.3061 Applicability of Other Law 242.307 Examination 242.308 Licenses; Temporary License; Inactive Status 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

Subchapter I. Nursing Facility Administration

Subchapter I, consisting of Secs. 242.301 to 242.327, was added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.

For another Subchapter I, consisting of Secs. 242.301 to 242.322, added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, see Sec. 242.301 et seq. post.

242.301 Definitions 242.302 Texas Board of Nursing Facility Administrators 242.303 Membership Requirements 242.304 Grounds for Removal 242.305 Board Officers; Meetings; Quorum; Expenses 242.306 Application of Open Meetings and Administrative Procedure Act 242.307 Powers and Duties of the Board 242.308 Administrative Functions 242.309 Fees; Funds 242.310 Practicing Without a License 242.311 License Application; Qualifications 242.3115 Applicability of Other Law 242.312 Examination 242.313 Licenses; Temporary License; Inactive Status 242.314 Provisional License 242.315 License Renewal 242.316 Mandatory Continuing Education 242.317 Complaint Receipt, Investigation, and Disposition 242.318 Sanctions 242.319 Written Reprimand and Continuing Education as Sanctions 242.320 Administrative Penalty as Sanction 242.321 Notice and Hearing 242.322 Informal Proceedings 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

Subchapter K. Quality of Care

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

Subchapter L. Rights of Residents

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

Subchapter M. Complaint Inspections

242.551 Complaint Requesting Inspection 242.552 Disclosure of Substance of Complaint 242.553 Confidentiality 242.554 Preliminary Review of Complaint; Inspection

Subchapter N. Administration of Medication

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 242.6101 Results of Examination for Issuance of Permit 242.611 Fees for Issuance and Renewal of Permit to Administer Medication 242.6111 Applicability of Other Law 242.612 Violation of Permits to Administer Medication 242.613 Emergency Suspension of Permits to Administer Medication 242.614 Administration of Medication; Criminal Penalty

Subchapter R. Electronic Monitoring of Resident's Room

242.841 Definitions 242.842 Criminal and Civil Liability 242.843 Covert Use of Electronic Monitoring Device; Liability of Department or Institution 242.844 Required Form on Admission 242.845 Authorized Electronic Monitoring: Who May Request 242.846 Authorized Electronic Monitoring: Form of Request; Consent of Other Residents in Room 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

Subchapter S. Family Council

242.901 Definition 242.902 Family Council 242.903 Duties of Institution 242.904 Meetings 242.905 Visiting 242.906 Administration; Rules

Subchapter T. Services Provided by Certain Vocational Nursing Students

242.951 Definition 242.952 Applicability 242.953 Services Provided by Certain Vocational Nursing Students