| (11) Notification of department's decision. The department
shall send the license holder or applicant a copy of the department's
decision for denial, suspension or revocation of license by registered
mail, which shall include the findings and conclusions on which the
department based its decision.
(12) Admission of new patients upon suspension or revocation.
Upon the department's determination to suspend or revoke a license,
the license holder may not admit new patients until the license is
reissued.
(13) Return of original license. Upon suspension, revocation
or non-renewal of the license, the original license shall be returned
to the department upon the effective date of the department's determination.
(14) Reapplication following denial or revocation.
(A) One year after the department's decision to deny
or revoke, or the voluntary surrender of a license by a facility while
enforcement action is pending, a facility may petition the department,
in writing, for a license. Expiration of a license prior to the department's
decision becoming final shall not affect the one-year waiting period
required before a petition can be submitted.
(B) The department may allow a reapplication for licensure
if there is proof that the reasons for the original action no longer
exist.
(C) The department may deny reapplication for licensure
if the department determines that:
(i) the reasons for the original action continues;
(ii) the petitioner has failed to offer sufficient
proof; or
(iii) the petitioner has demonstrated a repeated history
of failure to provide patients a safe environment or has violated
patient rights.
(D) If the department allows a reapplication for licensure,
the petitioner shall be required to meet the requirements as described
in §134.22 of this title (relating to Application and Issuance
of Initial License).
(15) Expiration of a license during suspension. A facility
whose license expires during a suspension period may not reapply for
license renewal until the end of the suspension period.
(16) Surrender of a license. In the event that enforcement,
as defined in this subsection, is pending or reasonably imminent,
the surrender of a facility license shall not deprive the department
of jurisdiction in regard to enforcement against the facility.
|
| Source Note: The provisions of this §510.83 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469 |
