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RULE §510.21General

(a) License required.

  (1) A facility shall obtain a license prior to admitting patients.

  (2) Upon written request, the department shall furnish a person with an application for a private psychiatric hospital or a crisis stabilization unit license.

  (3) The license application shall be submitted in accordance with §134.22 of this title (relating to Application and Issuance of Initial License). The applicant shall retain copies of all application documents submitted to the department.

(b) Compliance.

  (1) A hospital shall comply with the provisions of the Health and Safety Code (HSC), Chapter 577, this chapter, and the following rules administered by the Texas Board of Mental Health and Mental Retardation (TDMHMR) during the licensing period.

    (A) Chapter 404, Subchapter E of this title (relating to Rights of Persons Receiving Mental Health Services);

    (B) Chapter 405, Subchapter E of this title (relating to Electroconvulsive Therapy);

    (C) Chapter 405, Subchapter FF of this title (relating to Consent to Treatment with Psychoactive Medication);

    (D) Chapter 405, Subchapter F of this title (relating to Voluntary and Involuntary Behavioral Interventions in Mental Health Programs).

    (E) Chapter 411, Subchapter J of this title (relating to Standards of Care and Treatment in Psychiatric Hospitals).

  (2) A CSU shall comply with the provisions of HSC, Chapter 577, this chapter, Chapter 411, Subchapter M of this title (relating to Crisis Stabilization Units), and paragraph (1)(A)-(D) of this subsection.

(c) Scope of facility license.

  (1) A facility license is issued for the premises and person or governmental unit named in the application.

  (2) A facility license shall not include outpatient services located apart from the licensed premises.

  (3) A facility license shall not include spaces licensed by another licensing agency.

  (4) Multiple facilities may share one building.

    (A) Each facility shall be licensed separately.

    (B) Spaces within the building may not be included under more than one facility license; and

    (C) Each facility in the building shall comply with the requirements of §134.125 (relating to Building with Multiple Occupancies).

  (5) Multiple hospitals may be licensed under one license number.

    (A) Hospitals must comply with the following in order to be licensed under a multiple hospital license:

      (i) meet the criteria for multiple buildings in the definition of premises in §134.2(39) (relating to Definitions); and

      (ii) when the multiple site location is a previously licensed hospital, the hospital must meet the architectural requirements contained in §134.121(b) of this title (relating to Requirements for Buildings in which Existing Licensed Facilities are Located) and be approved for occupancy by the division's Architectural and Engineering Program.

    (B) The department will issue a license listing the primary hospital and multiple location site(s) when the hospitals meet the requirements of subparagraph (A) of this paragraph, and the primary hospital has submitted:

      (i) a written request to the department for a multiple location application; and

      (ii) a completed application and licensing fee.

    (C) When a multiple location application and a change of ownership application are received simultaneously, the department will process the change of ownership application separately prior to the multiple location addendum.

(d) Display. A facility shall prominently and conspicuously display the license in a public area of the licensed premises that is readily visible to patients, employees, and visitors.

(e) Alteration. A facility license shall not be altered.

(f) Transfer or assignment prohibited. A facility license shall not be transferred or assigned. The facility shall comply with the provisions of §134.24 of this title (relating to Change of Ownership) in the event of a change in the ownership.

(g) Changes which affect the license.

  (1) A facility shall notify the department in writing prior to the occurrence of any of the following:

    (A) addition or deletion of those services indicated on the license application;

    (B) changes in designed bed capacity as the phrase is used in §134.26(b)(1)(A)-(C) of this title (relating to Fees);

    (C) request to change license classification; and

    (D) any construction, renovation, or modification of the facility buildings.

  (2) A facility shall notify the department in writing at the time of the occurrence of any of the following:

    (A) cessation of operation of the facility. The facility shall include in the written notice the location where the medical records will be stored and the identity and telephone number of the custodian of the medical records;

    (B) change in certification or accreditation status; and

    (C) change in facility name, telephone number or administrator.

Source Note: The provisions of this §510.21 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469

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