Revision 14-0

 

§15.1401 Denial of License Application

 

DADS may deny a license application for the reasons described in §15.115 of this chapter (relating to Criteria for Denial of a License).

 

§15.1402 License Suspension

 

(a) DADS may suspend a center's license for:

(1) a violation of THSC Chapter 248A or standard in this chapter committed by the license holder, applicant, or a person listed on the application;

(2) an intentional or negligent act by a center or an employee of a center that DADS determines significantly affects the health and safety of a minor served at a center;

(3) use of drugs or intoxicating liquors to an extent that it affects the license holder's or applicant's professional competence;

(4) a felony conviction, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in Texas or another state of any person required by this chapter to undergo a background and criminal history check;

(5) fraudulent acts, including acts relating to Medicaid fraud and obtaining or attempting to obtain a license by fraud or deception committed by any person listed on the application;

(6) license revocation, suspension, or other disciplinary action taken in Texas or another state against the license holder or any person listed in the application;

(7) criteria described in Chapter 99 of this title (relating to Denial or Refusal of License) that applies to any person required by this chapter to undergo a background and criminal history check;

(8) aiding, abetting, or permitting a violation described in paragraph (1) of this subsection about which a person listed on the application had or should have had knowledge;

(9) a license holder or applicant's failure to provide the required information, facts, or references;

(10) a license holder or applicant who knowingly:

(A) submits false or intentionally misleading statements to DADS on an application;

(B) uses subterfuge or other evasive means of filing an application;

(C) engages in subterfuge or other evasive means of filing an application on behalf of another who is unqualified for licensure; or

(D) conceals a material fact on an application; or

(11) a person listed on the application failing to pay the following fees, taxes, and assessments when due:

(A) licensing fees as described in §15.112 of this chapter (relating to Licensing Fees);

(B) plan review fees as described in §15.113 of this chapter (relating to Plan Review Fees); or

(C) franchise taxes, if applicable.

(b) DADS may suspend a license simultaneously with any other enforcement action available to DADS.

(c) DADS notifies the license holder by personal service, facsimile transmission, or registered or certified mail of DADS intent to suspend the license, including the facts or conduct alleged to warrant the suspension.

(d) The license holder has an opportunity to show compliance with all requirements of law to retain the license, as provided in §15.1407 of this subchapter (relating to Opportunity to Show Compliance). If the license holder requests an opportunity to show compliance, DADS gives the license holder a written affirmation or reversal of the proposed action.

(e) DADS notifies the license holder by personal services, facsimile transmission or by registered or certified mail of DADS suspension of the center license. The license holder has 20 days after receipt of the notice to request a hearing in accordance with Texas Government Code, Chapter 2001, and the formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and Chapter 91 of this title (relating to Hearings Under the Administrative Procedure Act). The license suspension takes effect when the deadline for an appeal of the suspension expires, unless the license holder appeals the suspension.

(f) If a license holder appeals, the license remains valid until all administrative appeals are final, unless the license expires without a timely application for renewal submitted to DADS. The license holder must continue to submit a renewal application in accordance with §15.106 of this chapter (relating to Renewal License Application Procedures and Issuance) until the action to suspend the license is completed. However, DADS does not renew the license until it determines the reason for the proposed action no longer exists.

(g) If a license holder appeals, the enforcement action takes effect when all administrative appeals are final and the proposed enforcement action is upheld. If the center wins the appeal, DADS does not take the proposed action.

(h) If DADS suspends a license, the suspension remains in effect until DADS determines that the reason for suspension no longer exists. A suspension may last no longer than the term of the license. DADS conducts an on-site investigation before making a determination. During the suspension, the license holder must return the license to DADS.

 

§15.1403 Emergency License Suspension

 

(a) DADS may issue an emergency order to suspend a license, as authorized by THSC Chapter 248A, if DADS has reasonable cause to believe that the conduct of a license holder creates an immediate danger to a minor served at the center or the public's health and safety.

(1) If DADS issues an order for emergency suspension of the center's license, DADS provides immediate notice to the controlling person, administrator, or alternate administrator of the center by personal service, facsimile transmission, or registered or certified mail. The notice includes:

(A) the action taken;

(B) legal grounds for the action;

(C) the procedure governing appeal of the action; and

(D) the effective date of the order.

(2) An order for emergency licensure suspension goes into effect immediately.

(3) On written request of a license holder, DADS conducts a hearing not earlier than the 10th day or later then the 30th day after the date DADS receives the hearing request to determine if the emergency suspension should be continued, modified, or rescinded.

(4) The hearing and any appeal are governed by DADS rules for a contested case hearing and by Chapter 2001, Texas Government Code.

(b) If DADS suspends a license, the suspension remains in effect until DADS determines that the reason for an emergency licensure suspension no longer exists. An emergency licensure suspension may last no longer than the term of the license. DADS conducts an inspection of the center before making a determination to recommend cancellation of a suspension. During the suspension, the license holder must return the license to DADS.

 

§15.1404 License Revocation

 

(a) DADS may revoke a center's license for:

(1) a violation of THSC Chapter 248A or standard in this chapter committed by the license holder, applicant, or a person listed on the application;

(2) an intentional or negligent act by a center or an employee of a center that DADS determines significantly affects the health and safety of a minor served at a center;

(3) use of drugs or intoxicating liquors to an extent that affects the license holder's or applicant's professional competence;

(4) a felony conviction, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in Texas or another state of any person required by this chapter to undergo a background and criminal history check;

(5) fraudulent acts, including acts relating to Medicaid fraud and obtaining or attempting to obtain a license by fraud or deception committed by any person listed on the application;

(6) license revocation, suspension, or other disciplinary action taken in Texas or another state against the license holder or any person listed in the application;

(7) criteria described in Chapter 99 of this title (relating to Denial or Refusal of License) that applies to any person required by this chapter to undergo a background and criminal history check;

(8) aiding, abetting, or permitting a violation described in paragraph (1) of this subsection about which a person listed on the application had or should have had knowledge;

(9) a license holder or applicant's failure to provide the required information, facts, or references;

(10) a license holder or applicant who knowingly:

(A) submits false or intentionally misleading statements to DADS on an application;

(B) uses subterfuge or other evasive means of filing an application;

(C) engages in subterfuge or other evasive means of filing an application on behalf of another who is unqualified for licensure; or

(D) conceals a material fact on an application;

(11) a person listed on the application committing fraud; or

(12) a person listed on the application failing to pay the following fees, taxes, and assessments when due:

(A) licensing fees as described in §15.112 of this chapter (relating to Licensing Fees);

(B) plan review fees as described in §15.113 of this chapter (relating to Plan Review Fees); and

(C) franchise taxes, if applicable.

(b) DADS may revoke a license simultaneously with any other enforcement action available to DADS.

(c) DADS notifies the license holder by personal service, facsimile transmission, registered or certified mail of DADS intent to revoke the license, including the facts or conduct alleged to warrant the revocation, and sends a copy to the center. The license holder has an opportunity to show compliance with all requirements of the law to retain the license, as provided in §15.1407 of this subchapter (relating to Opportunity to Show Compliance). If the license holder requests an opportunity to show compliance, DADS gives the license holder a written affirmation or reversal of the proposed action.

(d) DADS notifies a license holder by personal service, facsimile transmission, or by registered or certified mail of DADS revocation of the center license, and sends a copy to the center. The license holder has 20 days after receipt of the notice to request a hearing in accordance with the Health and Human Services Commission's formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act), and DADS formal hearing procedures in Chapter 91 of this title (relating to Hearings Under the Administrative Procedure Act). The revocation takes effect when the deadline for appeal of the revocation expires, unless the license holder appeals the revocation.

(e) If a license holder appeals, the license remains valid until all appeals are final, unless the license expires without a timely application for renewal submitted to DADS. The license holder must continue to submit a renewal application in accordance with §15.106 of this chapter (relating to Renewal Application Procedures and Issuance) until the action to revoke the license is completed. However, DADS does not renew the license until it determines the reason for the proposed action no longer exists.

(f) If a license holder appeals, the enforcement action takes effect when all appeals are final and the proposed enforcement action is upheld. Upon revocation, the license must be returned to DADS. If the license holder wins the appeal, DADS does not take the proposed action.

 

§15.1405 Probation

 

If DADS finds that a center is in repeated noncompliance with THSC Chapter 248A, this chapter or a plan of correction, but the noncompliance does not endanger a minor served at a center or the public health and safety, DADS may schedule the center for probation rather than suspending or revoking the center's license.

(1) DADS provides notice to the license holder of the probation and the items of noncompliance not later than the 10th day before the date the probation period begins.

(2) DADS designates a period of not less than 30 days during which the center remains on probation. During the probation period, the center must correct the items that were in noncompliance and report the corrections to DADS for approval.

(3) DADS may suspend or revoke the license of a center that does not correct items that were in noncompliance or does not comply with THSC Chapter 248A or this chapter within the applicable probation period.

 

§15.1406 Injunctive Relief or Civil Penalties

 

(a) DADS may petition a district court for a temporary restraining order against a center to restrain a continuing violation of THSC Chapter 248A or standard in this chapter if DADS finds that the violation creates an immediate threat to the health and safety of minors served at a center.

(b) A district court, on petition of DADS, and on a finding of the court that a person is violating THSC Chapter 248A or a standard in this chapter, may by injunction:

(1) prohibit the person from continuing the violation;

(2) restrain or prevent the establishment or operation of a center without a license under THSC Chapter 248A; or

(3) grant any other injunctive relief warranted by the facts.

(c) DADS may request the attorney general to institute and conduct a suit authorized by this section.

(d) DADS may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.

(e) Venue for a suit brought under this section is in the county in which the center is located or in Travis County.

(f) If DADS determines that a violation of THSC Chapter 248A or a standard in this chapter threatens the health and safety of a minor served at the center, DADS may seek, against the person who violates THSC Chapter 248A, the requirements in this chapter, or fails to comply with a corrective action plan submitted in accordance with this chapter, a civil penalty of not more than $500 for each violation.

(1) Each day a violation continues constitutes a separate violation for the purpose of this section.

(2) DADS may request the attorney general to sue to collect the penalty. DADS may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney fees, investigation costs, witness fees, and deposition expenses.

 

§15.1407 Opportunity to Show Compliance

 

(a) Before revocation or suspension of a center's license or denial of an application for the renewal of a center's license, DADS gives the license holder:

(1) a notice by personal service, facsimile transmission, or by registered or certified mail of the facts or conduct alleged to warrant the proposed action, with a copy sent to the center; and

(2) an opportunity to show compliance with all requirements of law to retain the license by sending DADS a written request. The request must:

(A) be postmarked no later than 10 days after the date of DADS notice and be received in DADS office no later than 10 days after the date of the postmark; and

(B) contain specific documentation refuting DADS allegations.

(b) DADS limits its review to the documentation submitted by the license holder and information DADS used as the basis for its proposed action. A license holder or center representative may not attend DADS meeting to review the opportunity to show compliance documents. DADS gives a license holder a written affirmation or reversal of the proposed action.

(c) After an opportunity to show compliance, DADS sends a license holder a written notice that:

(1) informs the license holder of DADS decision; and

(2) provides the license holder with an opportunity to appeal DADS decision through a formal hearing process, if DADS affirms the proposed action.

 

§15.1408 Administrative Penalties

 

(a) Assessing penalties. DADS may assess an administrative penalty against a person who violates:

(1) THSC Chapter 248A; or

(2) a provision in this chapter for which a penalty may be assessed.

(b) Criteria for assessing penalties. DADS assesses administrative penalties in accordance with the schedule of appropriate and graduated penalties established in this section. The schedule of appropriate and graduated penalties for each violation is based on the following criteria:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2) the threat to the health or safety caused by the violation;

(3) any previous violations;

(4) the amount necessary to deter future violations;

(5) efforts made by the violator to correct the violation; and

(6) any other matters that justice may require.

(c) Penalty calculation and assessment. The amount of the penalty may not exceed $500 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(d) Schedule of appropriate and graduated penalties.

(e) The penalty range for a Severity Level A violation is $400 - $500 per violation.

(f) A Severity Level A violation is a violation that results in serious harm to or death of a minor.

(g) DADS may assess a separate Severity Level A administrative penalty for each of the rules listed in the table in subsection (p) of this section.

(h) The penalty range for a Severity Level B violation is $300 - $400 per violation.

(i) A Severity Level B violation constitutes a serious threat to the health or safety of a minor.

(j) DADS may assess a separate Severity Level B administrative penalty for each of the rules listed in the table in subsection (p) of this section.

(k) The penalty range for a Severity Level C violation is $200 - $300 per violation.

(l) A Severity Level C violation substantially limits the center's capacity to provide care.

(m) DADS may assess a separate Severity Level C administrative penalty for each of the rules listed in the table in subsection (p) of this section.

(n) The penalty range for a Severity Level D violation is $100 - $200 per violation.

(o) A Severity Level D violation has or had minimal or no health or safety significance.

(p) DADS may assess a separate Severity Level D administrative penalty for each of the rules listed in the following table.

Rule Cite Subject Matter Severity Level
A B C D
§15.101(c) A center may not be operated on the same premises as other licensed facilities     X X
§15.101(e) Actual census must not exceed capacity authorized by DADS X X X  
§15.108(a) A license is not assignable or transferrable     X X
§15.109(a) Center capacity must not be increased without approval from DADS X X X  
§15.117 A license may not be altered     X X
§15.119 Notification procedures for reporting a change in administration and management       X
§15.120 Notification procedures for reporting a change in contact information       X
§15.121 Notification procedures for reporting a change in operating hours       X
§15.122 Notification procedures for reporting a change in business "name       X
§15.201(a)(1)-(2) separate penalties Adoption and enforcement of a policy for operating hours X X X  
§15.201(c)(1)-(2) separate penalties Providing information on how to contact the person in charge if the center is closed during operating hours   X X X
§15.202(c)(1)-(5) Requirements for when a center suspends operations for a scheduled closing   X X  
§15.202(c)(6)-(9) Documentation and notice requirements for when a center suspends operations for a scheduled closing     X X
§15.202(d)(1)-(5) separate penalties Requirements for when a center suspends operations for an unscheduled closing   X X  
§15.202(d)(6)-(9) Documentation and notice requirements for when a center suspends operations for an unscheduled closing     X X
§15.202(e) Requirements for when a center must close with less than 15 days' notice   X X  
§15.203(a) Requirement to have the financial ability to carry out center functions   X X  
§15.203(b) Requirement to make all business records available to DADS       X
§15.203(c) Requirements for maintaining and correcting business records     X X
§15.204 Adoption and enforcement of policy for billing and insurance claims     X X
§15.205(a) Obtain annual inspection from local fire marshal and maintain documentation   X X X
§15.205(b) Requirement to plan, conduct and document fire drills once a month   X X X
§15.205(c)(1)-(2), (4) separate penalties Requirement for the administrator and nursing director to review and evaluate the center's fire drill plan and maintain documentation of fire drill plan requirements   X X X
§15.205(c)(3) Requirement for the administrator and nursing director to review and correct any problems that occurred during a fire drill   X X X
§15.205(d) Requirement to have a working telephone in each building of the center     X X
§15.205(e)(1)-(2) Required emergency contact information posted near telephones     X X
§15.205(f) Adoption and enforcement of a policy for a minor's medical emergency X X X  
§15.205(f)(1)(A)-(C) separate penalties Requirements for a minor's emergency plan X X X  
§15.205(f)(2)-(4) separate penalties Training and notification procedures for a minor's medical emergency X X X  
§15.205(g) Procedures for transporting a minor to an emergency medical facility   X X  
§15.205(h) Requirements for a medical emergency transfer form X X X  
§15.205(i) Requirements to maintain a first aid kit and automated external defibrillator   X X X
§15.205(j)(1)-(2), (4) separate penalties Adoption and enforcement of policies and procedures for verification and monitoring of visitors; verification and supervision of visitors X X X  
§15.205(j)(3), (5) Documentation of verification of visitors   X X X
§15.205(k)(1)-(2) separate penalties Adoption and enforcement of policies and procedures for releasing minors X X X  
§15.205(l)(1)-(4) separate penalties Adoption and enforcement of a policy for ensuring minors are not left unattended at the center X X    
§15.205(m) Requirements for visual checks at the center     X X
§15.205(n) Requirement to meet LSC and building requirements in this chapter X X    
§15.205(o)(1) Use of alcohol-based hand rub dispensers at the center in compliance with state or local codes     X X
§15.205(o)(2), (4) separate penalties Installation of alcohol-based hand rub dispensers minimize leaks and spills and is compliance with LSC   X X  
§15.205(o)(3) Installation of alcohol-based hand rub dispensers out of reach of minors X X X  
§15.205(p)(1)-(4) separate penalties Requirements for center to be free from health and safety hazards X X    
§15.205(q)(1) Requirement to provide a copy of policy to staff, adult minors and parents of weapons-free location   X    
§15.205(q)(2) Requirements to provide a copy of policy to requestors     X X
§15.205(r) Requirement to post a notice for a weapons-free location     X X
§15.206(a)(1)-(2) separate penalties Implementation of a person-centered direction and guidance program   X X  
§15.206(a)(3) Providing daily notification to a parent of a minor's behavior     X X
§15.206(b) Requirements for strategies and techniques to encourage self-esteem, self-control and self-direction   X X  
§15.206(c) Requirements for direction and guidance used in a center   X X  
§15.206(d)(1)-(5) separate penalties Requirements for the use of timeout in a center X X    
§15.206(e)(1)-(10) separate penalties Prohibited forms of discipline in a center X X    
§15.206(f)(1)-(2) separate penalties Establishment and responsibilities of a person-centered direction and guidance committee   X X X
§15.206(g) Personnel requirements for the person-centered direction and guidance committee     X X
§15.206(h) Documentation requirements to support attempted inclusion of parent or parent committee in the person-centered direction and guidance committee     X X
§15.206(i) Adoption and enforcement of policy for the person-centered direction and guidance committee     X X
§15.206(j) Requirements to provide staff and parents with a copy of the person-centered direction and guidance policy and maintain documentation of receipt.   X X X
§15.207(a)(1)-(4) separate penalties Acceptable circumstance for use of restraint X X    
§15.207(b)(1)-(6) separate penalties Acceptable types of restraint X X    
§15.207(c) Adoption and enforcement of a policy for the use of restraints X X    
§15.207(d) Prohibition of the use of physician's orders written for the use of protective devices on an as needed basis X X    
§15.207(e)(1)-(3) separate penalties Requirements for physician's orders for restraints X X    
§15.207(f)(1)-(3) separate penalties Responsibilities of an RN for the use of restraints X X    
§15.207(g) Oral and written notification of right to discontinue use of restraints   X X  
§15.207(h) Training of staff before use of restraints X X    
§15.207(i)(1)-(4)(A)-(D), (7) separate penalties Requirements for the release of a minor for reassessment and removal and replacement of a restraint and notification to physician X X    
§15.207(j)(1)-(4) separate penalties Requirements for restraining a minor for a behavioral emergency X X    
§15.207(j)(5)(A)-(E)(i)-(ix) separate penalties Documentation requirements for restraining a minor for a behavioral emergency   X X  
§15.207(k)(1)-(6) separate penalties Prohibited types of restraint X X    
§15.207(l)(1)-(5) separate penalties Prohibited circumstances for restraint X X    
§15.207(m) Requirement to maintain documentation   X X  
§15.208(a)-(f) separate penalties Equipment, Devices and Supplies   X X X
§15.209(a)-(b)(1)-(3)(A)-(C), (b)(4)-(5), (c)(1)-(3)(A)-(H), (c)(4)-(5)(A)-(E), (c)(6)(A)-(D), (c)(7)(A)-(B), (c)(8)(A)-(C), (d)(1)-(3), (e)(1)-(4) separate penalties Emergency Preparedness and Response Planning Requirements X X X X
§15.210(a)-(b)(1)-(7) separate penalties Requirements for maintaining a sanitary environment   X X X
§15.210(c) Develop a written work plan for housekeeping operations     X X
§15.210(d)-(e)(1)-(4) separate penalties Maintain a safe and clean environment and procedures for cleaning products and equipment   X X X
§15.210(f) Maintain a sufficient supply of clean linens and laundry service     X X
§15.210(g)(1)-(11) separate penalties Requirements for handling, storage and processing of linens   X X  
§15.211(a)(1)-(6) separate penalties Establish and maintain an Infection Prevention and Control Program X X X  
§15.211(b) Provide IPCP information to certain individuals   X X  
§15.211(c)(1)-(d)(1)(A)-(B) separate penalties Policies and procedures for admissions and attendance of minors at risk for infection and risk to others and preventing the spread of infection X X X  
§15.211(d)(1)(C) Procedures for preventing the spread of infection--notifications, transportation and return of a minor X X X  
§15.211(d)(2)-(3) separate penalties Prohibition of individuals with infectious diseases from contact with minors or food and policy for individuals to wash hands X X X  
§15.211(d)(4) Requirement to report minor's with reportable diseases and implement control procedures   X X  
§15.211(e)-(g) separate penalties Labeling and assignment of sleeping equipment, supplies for hand washing, and policies and procedures for the control of communicable diseases   X X X
§15.211(h)(1)-(3) separate penalties Policies and procedures for control of a public health disaster X X X  
§15.211(i)(1)-(3) separate penalties Annual review to assess center's risk classification X X X  
§15.211(j)(1)(A)-(E) separate penalties Policies and procedures for protecting a minor against vaccine preventable diseases X X X  
§15.211(j)(1)(F)-(H) separate penalties Prohibition of discrimination, requirements for disciplinary action and documentation relating to protecting minors against vaccine preventable diseases     X X
§15.211(j)(2)(A)-(B) separate penalties Policy for exempting individuals from vaccine requirements and prohibition of exempt individuals from having contact with minors   X X X
§15.211(k) Policies and procedures to identify individuals at risk of contacting blood or infectious materials X X X  
§15.211(l)(1)-(3) separate penalties Compliance with statute, regulations and center policies related to infection prevention and control X X X  
§15.301(a)-(h) separate penalties License holder responsibilities   X X X
§15.301(i)-(j) separate penalties License holder responsibilities for documentation and notifications to DADS     X X
§15.302(a)-(b) separate penalties Organizational structure and lines of authority     X X
§15.303(a)-(j) separate penalties Administrator and alternate administrator qualifications and conditions   X X  
§15.304(a)-(b)(1)-(19) separate penalties Administrator responsibilities   X X  
§15.305(b)-(d)(1)-(8) separate penalties Initial training requirements in administration   X X  
§15.305(e)(1)-(3), (f)(1)-(2), (g) separate penalties Initial training requirements in administration--structure and provision of training, documentation of training, prohibition of applying the pre-licensing program training     X X
§15.306(a)-(b) separate penalties Continuing training requirements in administration   X X  
§15.306(c)-(d) separate penalties Continuing training requirements in administration--documentation of training and prohibition of applying the pre-licensing program training     X X
§15.307(a)-(d) separate penalties Medical director qualifications and conditions   X X  
§15.308(a)(1)-(11) separate penalties Medical director responsibilities   X X  
§15.309(a)-(c)(1)-(6) separate penalties Nursing director and alternate nursing director qualifications and conditions X X X  
§15.310(a)(1)-(13) separate penalties Nursing director responsibilities and supervision responsibilities X X X  
§15.311(a) Prohibition of solicitation     X X
§15.401 Nursing Staff X X X  
§15.402 RN qualifications X X X  
§15.403(a)(1)-(10) separate penalties RN responsibilities X X X  
§15.404 LVN qualifications X X X  
§15.405(a)-(b)(1)-(6) separate penalties LVN responsibilities X X X  
§15.406(a)(1)-(3) separate penalties Student nurses X X X  
§15.408 Delegation of nursing tasks by RN to unlicensed personnel and tasks not requiring delegation X X X  
§15.409 Direct care staff qualifications X X X  
§15.410(a) Nursing services staff ratios X X X  
§15.410(c)(1)-(2) separate penalties Documentation requirements for nursing services staff ratios     X X
§15.411(a)(1)-(9), (b)-(e) separate penalties Rehabilitative and ancillary professional staff and qualifications X X X  
§15.412 Peer Review X X X  
§15.413(a)(1)-(6)(A)-(C) separate penalties Requirements for the use of contractors X X X  
§15.413(b)-(c) separate penalties Documentation requirements for the use of contractors   X X  
§15.414(a)-(c) separate penalties Use of volunteers X X X  
§15.415(a)-(b)(1)-(7)(A)-(F), (b)(8)-(13) separate penalties Staffing policies for staff orientation, development, and training X X X  
§15.415(c)(1)-(2)(A)-(F) separate penalties Policies and procedures for parent orientation and training   X X  
§15.416(a)(1)-(8), (b)(1)-(2) separate penalties Staff development program requirements   X X X
§15.416(c)-(d) separate penalties Documentation and record retention requirements for staff development program     X X
§15.417(a)(1)-(8)(A)-(B), (b) separate penalties Personnel record requirements     X X
§15.418(b)(1)-(3), (c)(1), (3)-(4) separate penalties Criminal history checks, nurse aide registry, and employee misconduct registry requirements X X X  
§15.418(c)(2), (d) separate penalties Notification and documentation requirements for criminal history checks, nurse aide registry, and employee misconduct registry requirements       X
§15.419(a)-(d) separate penalties Drug testing policy     X X
§15.501 Basic services X X    
§15.502(a)-(d) separate penalties Medical services X X    
§15.503(a)-(c)(1)-(5) separate penalties Nursing services X X    
§15.504(a)-(d)(1)-(4), (e)(1)-(5), separate penalties Psychosocial treatment and services X X    
§15.504(f)(1)-(5) separate penalties Participation in center activities by psychosocial treatment and services providers   X X  
§15.505(a)-(c)(1)-(2), (d) separate penalties Social services     X X
§15.506(a)-(b) separate penalties Rehabilitative services X X    
§15.506(c)(1)-(2) separate penalties Participation in center activities by rehabilitative services providers   X X  
§15.507(a)-(c)(1)-(4) separate penalties Functional developmental services   X X  
§15.508(a)-(e)(1)-(5), (6)(A)-(D) separate penalties Educational developmental services     X X
§15.509(a)-(e)(1)-(9) separate penalties Parent training   X X X
§15.510(a)-(b) separate penalties Nutritional counseling   X X  
§15.511(a), (g), (h) separate penalties Requirements for the provision of meals X X X  
§15.511(b)-(f) separate penalties Dietitian requirements   X X  
§15.511(i)-(l)(1)-(4) separate penalties Dietary services menus, record retention, table settings     X X
§15.511(m)-(o)(1)-(2), (p)(1)-(6), (q)(1)-(3), (r)-(w) separate penalties Requirements and responsibilities for scheduled meal and snack provisions, monitoring of food intake and purchasing, storing, preparation, and safe handling of food   X X X
§15.601(a)(1)-(5)-(b) separate penalties Admission criteria X X X  
§15.602(a)-(d)(1)-(16) separate penalties Pre-admission conference requirements X X X  
§15.603(a)-(d)(1)-(11)(A)-(F), (i) separate penalties Agreement and disclosure requirements   X X X
§15.603(e)-(h) separate penalties Signatures, record storage and updates     X X
§15.604(a)(1)-(13) separate penalties Admission procedures – interview requirements X X X  
§15.604(b)-(c) separate penalties Admission procedures - documentation and signatures   X X X
§15.605(a)-(f)(1)-(2) separate penalties Initial and updated comprehensive assessment X X X  
§15.606(a)-(d), (f) separate penalties Interdisciplinary team requirements X X X  
§15.606(e) Interdisciplinary team members     X X
§15.607(a)(1)-(2), (b)(1)-(7), (c), (g)-(h), (l), (o) separate penalties Initial and updated plan of care requirements X X X  
§15.607(d)-(f), (i)-(k), (m)-(n) separate penalties Initial and updated plan of care requirements – signatures, documentation and communication   X X X
§15.608(a)-(e) separate penalties Transfer and discharge notification requirements   X X X
§15.701(a)-(b)(1)-(8) separate penalties Physician orders X X X  
§15.702(a)-(b)(1)-(5), (c)(1)-(2), (d)(1)-(2) separate penalties Receiving physician orders   X X X
§15.703(a)-(b)(1)-(4) separate penalties Pharmacist services X X    
§15.704(a)(1)-(5), (b)(1)-(7), (c)-(f) separate penalties Storage of medication X X    
§15.705(a)(1)-(8), (b)(1)-(5), (c)-(j)(1)-(10), (k) separate penalties Administration of medication X X    
§15.706 Laboratory services X X    
§15.707 Disposal of special or medical waste   X X  
§15.708 Disposal and destruction of pharmaceuticals   X X  
§15.801(a)(1)-(19) separate penalties Care policies X X X  
§15.802(a)(1)-(2), separate penalties Adoption and enforcement of written policies and procedures for coordination of services X X X  
§15.802(b) Documentation to demonstrate coordination   X X X
§15.802(c)(1)-(6)(A)-(B) separate penalties Responsibilities and requirements for coordination of services   X X X
§15.803(a)-(b)(1)-(3), (c)(1)-(3), (d)-(e)(1)-(3) separate penalties Census   X X X
§15.901(a)-(c)(1)-(18) separate penalties Rights and Responsibilities   X X  
§15.902(a)-(b) separate penalties Advance Directives X      
§15.903(b)-(g), (i) separate penalties Abuse, neglect and exploitation requirements X X X  
§15.903(h) Liability statement for staff related to reporting of abuse, neglect and exploitation     X X
§15.904(b)-(c)(1)-(4), (e), (f) separate penalties Requirements for investigations of complaints and grievances   X X  
§15.904(d) Requirement to maintain documentation of investigations of complaints and grievances     X X
§15.905(a)-(b) separate penalties Reporting of a minor's death     X X
§15.906(a)-(b) separate penalties Requirement to make inspection results available when requested       X
§15.1001(a)-(f)(1)-(7), (g)(1)-(18), (h) separate penalties Medical Records   X X X
§15.1002(a)-(d), (e)-(m) separate penalties Quality Assessment and Performance Improvement   X X X
§15.1003(a)-(c)(1)-(2) separate penalties Dissolution   X X X
§15.1004(a)(1)-(2) separate penalties Retention of records     X X
§15.1101(a)-(e)(1)-(18), (f)(1)-(3) separate penalties Transportation Services requirements X X X  
§15.1102(a)-(d)(1)-(9), (g)(1)-(3) separate penalties Transportation safety provisions X X X  
§15.1102(e)-(f) separate penalties Transportation safety provisions – postings near vehicle exits, policies for emergencies while on transport X X X  
§15.1204(d)-(i) separate penalties Requirements for fire safety X X    
§15.1208 Food preparation requirements X X X  
§15.1210(a)-(b) separate penalties Minor's personal belongings     X X
§15.1213 Locked areas   X X X
§15.1220(a)-(g) separate penalties Heating, ventilation, air conditioning   X X X
§15.1223 Signage       X
§15.1303(a)-(c) Cooperation with an inspection and visit       X
§15.1304(a)-(c) Staff requirements for an inspection       X

 

(q) Proposal of administrative penalties. If DADS assesses an administrative penalty, DADS provides a written notice of violation letter to a center. The notice includes:

 

(1) a brief summary of the violation;

(2) the amount of the proposed penalty; and

(3) a statement of the center's right to a formal administrative hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(r) A center may accept DADS determination and recommended penalty not later than 20 days after the date on which the center receives the notice of violation letter, including the proposed penalty, or make a written request for a formal administrative hearing on the occurrence of the violation, the amount of the penalty, or both.

(1) If a center that is notified of a violation accepts DADS determination and recommended penalty or fails to respond to the notice, the DADS commissioner or designee issues an order approving the determination and ordering that the center pay the proposed penalty.

(2) If a center that is notified of a violation does not accept DADS determination, the center must submit to the Health and Human Services Commission a written request for a formal administrative hearing on the determination and must not pay the proposed penalty. Remittance of the penalty to DADS is deemed acceptance by the center of DADS determination, is final, and waives the center's right to a formal administrative hearing.

(3) If a center requests a formal administrative hearing, the hearing is held in accordance with THSC §248A.255.

 

§15.1409 Operation of a Center without a License

 

(a) If a person operates a center without a license issued in accordance with this chapter, the person is liable for a civil penalty of $500 for each day of violation.

(b) A person commits an offense if the person knowingly establishes or operates a center without the appropriate license in accordance with this chapter.

(c) An offense under this section is a Class B misdemeanor.

(d) Each day a violation continues constitutes a separate offense.