Texas § HS.242.313 - SANCTIONS

§ HS.242.313. SANCTIONS

SANCTIONS. (a) The department may revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation in continuing education, or place an administrator on probation, after due notice and the opportunity for a hearing, on proof of any of the following grounds: (1) the license holder has wilfully or repeatedly violated a provision of this subchapter or a rule adopted under this subchapter; (2) the license holder has wilfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a facility of which the license holder is an administrator; (3) the license holder obtained or attempted to obtain a license through misrepresentation or deceit or by making a material misstatement of fact on a license application; (4) the license holder's use of alcohol or drugs creates a hazard to the residents of a facility; (5) a judgment of a court of competent jurisdiction finds that the license holder is mentally incapacitated; (6) the license holder has been convicted in a court of competent jurisdiction of a misdemeanor or felony involving moral turpitude; (7) the license holder has been convicted in a court of competent jurisdiction of an offense listed in Section 250.006 ; or (8) the license holder has been negligent or incompetent in the license holder's duties as a nursing facility administrator. (b) If a license sanction is probated, the department may require the license holder to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or (3) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation. (c) A license holder is entitled to a hearing in accordance with rules adopted by the executive commissioner before a sanction is imposed under this section. (d) The executive commissioner by rule shall adopt a broad schedule of sanctions for violations under this subchapter. The department shall use the schedule for any sanction imposed in accordance with the rules. (e) The executive commissioner shall by rule establish criteria to determine whether deficiencies from a facility's survey warrant action against an administrator. The criteria shall include a determination of whether the survey indicates substandard quality of care related to an act or failure to act by the administrator, and whether a deficiency is related to an act or failure to act by the administrator. If a deficiency on which a disciplinary action against an administrator is initiated or completed is not substantiated, the disciplinary action shall be reversed. Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806 ), Sec. 2, eff. June 19, 2009.