This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:45 GMT
(a) The Texas Health and Human Services Commission (HHSC) may refuse to issue or renew a license for a facility if the facility fails to comply with any provisions of the Act, this chapter, or Health and Safety Code Chapter 171.(b) Notwithstanding any other part of this chapter, HHSC is prohibited under Health and Safety Code §171.005 and §171.207 from enforcing Health and Safety Code Chapter 171, Subchapter H (relating to Detection of Fetal Heartbeat).(c) HHSC may suspend, place on probation, or revoke the license of a facility for one or more of the following reasons:(1) the facility commits fraud, misrepresentation, or concealment of a material fact on any documents required to be submitted to HHSC or required to be maintained by the facility pursuant to the Act;(2) the facility or any of its employees materially alters any license issued by HHSC;(3) the facility or its employees commits an act which causes immediate jeopardy to the health and safety of a patient;(4) the facility is cited for deficiencies and fails to submit an acceptable plan of correction in accordance with this chapter;(5) the facility has been cited for deficiencies and fails to timely comply with minimum standards for licensure within the dates designated in the plan of correction;(6) the facility or any of its employees has aided, abetted, or permitted the commission of an illegal act;(7) the facility or any of its employees fails to comply with any provisions of the Act or this chapter;(8) the facility is not in compliance with minimum standards for licensure;(9) the facility fails to provide the required application or renewal information;(10) the facility fails to comply with an order of the commissioner or another enforcement procedure under the Act;(11) the facility discloses an action described in §139.23(c)(2)(C)(xi) and (xii) of this chapter (relating to Application Procedures and Issuance of Licenses);(12) the facility knowingly employs as the facility administrator or chief financial officer an individual who was convicted of a felony or misdemeanor listed in subsection (d) of this section; or(13) the facility has a history of failure to comply with the rules adopted under this chapter.(d) HHSC may deny a person a license or suspend or revoke an existing license on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the ownership or operation of a facility.(1) In determining whether a criminal conviction directly relates to the duties and responsibilities of the ownership or operation of a licensed abortion facility, and in determining the fitness of a person who has been convicted of a crime to perform such duties and responsibilities, HHSC shall consider the provisions of Occupations Code Chapter 53.(2) HHSC is entitled to obtain criminal history information maintained by the Texas Department of Public Safety (Government Code §411.122), the Federal Bureau of Investigation (Government Code §411.087), or any other law enforcement agency to investigate the eligibility of an applicant for an initial or renewal license and to investigate the continued eligibility of a licensee.(3) The following felonies and misdemeanors directly relate to the duties and responsibilities of the ownership or operation of a licensed abortion facility because these criminal offenses demonstrate impaired ability to own or operate a facility:(A) a misdemeanor violation of Health and Safety Code Chapter 171 or Chapter 245;(B) a misdemeanor or felony involving moral turpitude;(C) a misdemeanor or felony relating to deceptive business practices;(D) a misdemeanor or felony of practicing any health-related profession without a required license;(E) a misdemeanor or felony under any federal or state law relating to drugs, dangerous drugs, or controlled substances;(F) a misdemeanor or felony under the Penal Code,