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RULE §131.21General

(a) License required.

  (1) Not later than September 1, 2010, a freestanding emergency medical care facility shall obtain a license.

  (2) After August 31, 2010, except as provided in §131.23 of this title (related to Exemptions from Licensure), a person may not establish or operate a freestanding emergency medical care facility in this state without a license issued by the department.

  (3) Except as provided in paragraph (2) of this subsection, a facility or person shall not hold itself out to the public as a freestanding emergency medical care facility or advertise, market, or otherwise promote the services using the terms "emergency," "ER," or any similar term that would give the impression that the facility or person is providing emergency care.

  (4) Upon written request, the department shall furnish a person with an application for a facility license. Applications may also be obtained from the department's web site.

  (5) The license application shall be submitted in accordance with §131.25 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) A facility shall comply with the provisions of the Act and this chapter during the licensing period.

(c) Scope of facility license.

  (1) Each separate facility location shall have a separate license.

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

  (3) A facility shall not have more than one health facility license for the same physical address. The premises of a facility license shall be separated from any other occupancy or licensed health facility by a minimum of a one-hour fire rated wall.

  (4) A facility license authorizes only emergency care services and those procedures that are related to providing emergency care.

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

(e) A facility license shall not be altered.

(f) A facility license shall not be transferred or assigned. The facility shall comply with the provisions of §131.28 of this title (relating to Change of Ownership) in the event of a change in the ownership of a facility.

(g) Changes which affect the license.

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

    (A) request to change license classification;

    (B) any construction, renovation, or modification of the facility buildings; and

    (C) cessation of operation of the facility.

  (2) A facility shall notify the department in writing not later than the 10th calendar day after the effective date of the change of any of the following:

    (A) change in certification or accreditation status; and

    (B) change in facility name, mailing address, telephone number, or administrator.

  (3) A facility that becomes inactive or closes shall meet the requirements set forth in §131.27 of this title (relating to Inactive Status and Closure).

Source Note: The provisions of this §131.21 adopted to be effective June 1, 2010, 35 TexReg 4400

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