(a) Scope of subchapter. In accordance with Health
and Safety Code, Chapter 531, this subchapter applies to the final
licensing or registration decisions of the Department of State Health
Services (department) that resulted in a final order that was not
reversed on appeal, for the following persons or entities regulated
under the Health and Safety Code:
(1) a youth camp licensed under Chapter 141;
(2) a hospital licensed under Chapter 241;
(3) a special care facility licensed under Chapter
248;
(4) a chemical dependency treatment facility licensed
under Chapter 464; and
(5) a mental hospital or mental health facility licensed
under Chapter 577.
(b) Record of final decision. In accordance with Government
Code, §531.952, the department shall maintain a record:
(1) of each application for a license, including a
renewal license or a registration that is denied by the department
under the law authorizing the department to regulate the person or
entity;
(2) of each license or registration that is revoked,
suspended, or terminated by the department under the applicable law;
(3) until the 10th anniversary of the date of the denial,
revocation, suspension, or termination;
(4) that includes:
(A) the name and address of the applicant for a license
or registration that is denied by the department, and the name and
address of each person named on the application for a license or registration
that is denied;
(B) the name of each controlling person of an entity
for which an application, license or registration is denied, revoked,
suspended, or terminated as described in paragraphs (1) and (2) of
this subsection and the specific type of license or registration that
was denied, revoked, suspended, or terminated by the department;
(C) a summary of the terms of the denial, revocation,
suspension, or termination; and
(D) the period the denial, revocation, suspension,
or termination was effective.
(5) The department shall provide a copy of the records
maintained under this section, in a form determined by the department,
to the Department of Aging and Disability Services and the Department
of Family and Protective Services (each Health and Human Services
agency that regulates a person described by Government Code, Chapter
531) on a monthly basis.
(c) Denial of application based on adverse agency decision.
The department may deny an application for a license, including a
renewal license or a registration of a person described in subsection
(a) of this section if:
(1) the applicant, a person named on the application,
or a person determined by the regulating agency to be a controlling
person of an entity for which the license, listing, or registration
is sought is listed in a record maintained by a Health and Human Services
agency under Government Code, §531.952; and
(2) the agency's action that resulted in the person
being listed in a record maintained under Government Code, §531.952,
is based on:
(A) an act or omission that resulted in physical or
mental harm to an individual in the care of the applicant or person;
(B) a threat to the health, safety, or well-being of
an individual in the care of the applicant or person;
(C) the physical, mental, or financial exploitation
of an individual in the care of the applicant or person; or
(D) a determination by the agency that the applicant
or person has committed an act or omission that renders the applicant
unqualified or unfit to fulfill the obligations of the license, listing,
or registration.
(d) Required application information. An applicant
submitting an initial or renewal application for a license, including
a renewal license or a registration described in subsection (a) of
this section must include with the application a written statement
of:
(1) the name of any person who is or will be a controlling
person of the entity for which the license or registration is sought;
and
(2) any other relevant information required by law,
rule, or department policy.
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