| (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.
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| 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 |
