| (a) The department may deny, suspend, or revoke a license if the applicant or facility: (1) fails to comply with any provision of the statute; (2) fails to comply with any provision of this chapter; (3) commits fraud, misrepresentation, or concealment of a material fact on any documents required to be submitted to the department or required to be maintained by the facility pursuant to this chapter; (4) aids, abets, or permits the commission of an illegal act; (5) fails to comply with an order of the commissioner or another enforcement procedure under the statute; or (6) fails to comply with applicable requirements within a designated probation period. (b) The department may deny a license if the applicant or licensee fails to provide the required license fee, application, or renewal information. (c) 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 a licensed facility. (1) In determining whether a criminal conviction directly relates, the department shall consider the provisions of Occupations Code, §53.022 and §53.023. (2) The following felonies and misdemeanors directly relate because these criminal offenses indicate an inability or a tendency for the person to be unable to own or operate a facility: (A) a misdemeanor violation of the statute; (B) a conviction relating to deceptive business practices; (C) a misdemeanor or felony involving moral turpitude; (D) a misdemeanor of practicing any health-related profession without a required license; (E) a conviction under any federal or state law relating to drugs, dangerous drugs, or controlled substances; (F) an offense under the Penal Code, Title 5, involving a patient or a patient of any health care facility, a home and community support services agency, or a health care professional; or (G) other misdemeanors and felonies which indicate an inability or tendency for the person to be unable to own or operate a facility, if action by the department will promote the intent of the statute, this chapter, or Occupations Code, §53.022 and §53.023. (3) Upon a licensee's felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision, the license shall be revoked. (d) If the department proposes to deny, suspend, or revoke a license, the department shall notify the facility by certified mail, return receipt requested, or personal delivery of the reasons for the proposed action, and offer the facility an opportunity for a hearing. (1) The facility shall request a hearing within 30 calendar days of receipt of the notice. Receipt of the notice is presumed to occur on the tenth calendar day after the notice is mailed to the last address known to the department, unless another date is reflected on a United States Postal Service return receipt. (2) The request for a hearing shall be in writing and submitted to the Department of State Health Services, Mail Code 1979, P.O. Box 149347, Austin, Texas 78714-9347. (3) A hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001. (4) If the facility does not request a hearing in writing within 30 calendar days of receipt of the notice, the facility is deemed to have waived the opportunity for hearing, and the proposed action shall be taken. (5) If the facility fails to appear or be represented at the scheduled hearing, the facility has waived the right to a hearing, and the proposed action shall be taken. (e) If the department suspends a license, the suspension shall remain in effect until the department determines that the reason for suspension no longer exists. An authorized representative of the department shall investigate prior to making a determination. (1) During the time of suspension, the suspended license holder shall return the license to the department. (2) If a suspension overlaps a renewal date, the suspended license holder shall comply with the renewal procedures in this chapter; however, the department may not renew the license until the department determines that the reason for suspension no longer exists. (f) If the department revokes or does not renew a license, a person may reapply for a license by complying with the requirements and procedures in this chapter at the time of reapplication. The department may refuse to issue a license, if the reason for revocation or nonrenewal continues to exist. (g) Upon revocation or nonrenewal, a license holder shall return the license to the department. (h) The department may issue an emergency order to suspend a license issued under this chapter, if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety. (1) An emergency suspension is effective immediately without a hearing or notice to the license holder. (2) On written request of the license holder, the department shall conduct a hearing not earlier than the tenth day or later than the 30th day after the date the hearing request is received to determine if the emergency suspension is to be continued, modified, or rescinded. The hearing and any appeal are governed by the department's rules for a contested case hearing and Government Code, Chapter 2001. (i) The department may schedule the facility for a probation period of not less than 30 days, if the facility is found in repeated noncompliance, and the facility's noncompliance does not endanger the health and safety of the public. |
