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

TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 508 - AMBULATORY SURGICAL CENTERS
SUBCHAPTER A - OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
SECTION/RULE §508.24 - Enforcement

(a) Reasons for enforcement action.(1) The Department of State Health Services (department) may deny, suspend, or revoke an ambulatory surgical center's (ASC's) license in accordance with Health and Safety Code (HSC), §243.011 if the applicant or licensee:(A) fails to comply with any provision of the Act;(B) fails to comply with any provision of this chapter or any other applicable laws;(C) fails to comply with a special license condition;(D) fails to comply with an order of the commissioner or another enforcement procedure under the statute;(E) 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;(F) has aided, committed, abetted, or permitted the commission of an illegal act;(G) fails to provide an adequate application or renewal information;(H) fails to timely pay assessed administrative penalties in accordance with the Act;(I) fails to comply with applicable requirements within a designated probation period;(J) fails to submit an acceptable plan of correction for cited deficiencies; or(K) if the facility is participating under Title XVIII, and the Centers for Medicare and Medicare Services terminates the ASC's Medicare provider agreement.(2) The department may suspend or revoke an existing valid license or disqualify a person from receiving a license because of a person's conviction of a felony or misdemeanor, if the crime directly relates to the duties and responsibilities of the ownership or operation of an ambulatory surgical center.(A) In determining whether a criminal conviction directly relates, the department shall consider the provisions of Occupations Code, Chapter 53.(B) The following felonies and misdemeanors directly relate because these criminal offenses indicate an ability or a tendency for the person to be unable to own or operate an ambulatory surgical center:(i) a misdemeanor violation of the statute;(ii) a misdemeanor or felony involving moral turpitude;(iii) a conviction relating to deceptive business practices;(iv) a misdemeanor of practicing any health-related profession without a required license;(v) a conviction under any federal or state law relating to drugs, dangerous drugs, or controlled substances;(vi) an offense under the Penal Code,