Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 555	NURSING FACILITY ADMINISTRATORS
SUBCHAPTER D	REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS
RULE §555.54	Rule or Statutory Violations

The Texas Health and Human Services Commission (HHSC) may impose a sanction listed in §555.57 of this subchapter (relating to Schedule of Sanctions) against a licensee on proof of any of the following grounds:

(1) the licensee willfully or repeatedly violated a provision of Texas Health and Safety Code, Chapter 242, or a rule in this chapter;

(2) the licensee willfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a nursing facility of which the licensee is a nursing facility administrator (NFA);

(3) the licensee 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 licensee'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 licensee lacks capacity under the laws of Texas;

(6) the licensee has been convicted in a court of competent jurisdiction of a misdemeanor or felony involving moral turpitude;

(7) the licensee has been convicted in a court of competent jurisdiction of an offense listed in §555.41(c) of this chapter (relating to Licensure of Persons with Criminal Backgrounds);

(8) the licensee has been negligent or incompetent in the licensee's duties as an NFA;

(9) the licensee had an NFA license revoked in another jurisdiction; or

(10) the licensee did not comply with the terms of a sanction or settlement agreement with HHSC.

Source Note: The provisions of this §555.54 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective February 15, 2017, 42 TexReg 569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791