Title HS, Health and Safety Code

Sec. 244.005. LICENSE APPLICATION AND ISSUANCE. (a) An applicant for a birthing center license must submit an application to the department on a form prescribed by the department. (b) Each application must be accompanied by a nonrefundable license fee in an amount set by the exec…

Sec. 244.006. INSPECTIONS. (a) The department may inspect a birthing center at reasonable times as necessary to assure compliance with this chapter. (b) If a birthing center's failure to comply with this chapter creates a serious threat to the health and safety of the public, the…

Sec. 244.007. FEES. The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and as prescribed by Section 12.0111. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amen…

Sec. 244.009. ADOPTION OF RULES. (a) The executive commissioner shall adopt rules necessary to implement this chapter. (b) The executive commissioner shall adopt rules that establish different levels of licenses to operate a birthing center and that provide requirements for the i…

Sec. 244.010. MINIMUM STANDARDS. (a) For each level of license of a birthing center, the rules must contain minimum standards for: (1) the qualifications for professional and nonprofessional personnel; (2) the supervision of professional and nonprofessional personnel; (3) the pro…

Sec. 244.0105. COMPLAINTS. A person may file a complaint with the department against a birthing center licensed under this chapter. A person who files a false complaint may be prosecuted under the Penal Code. Added by Acts 1999, 76th Leg., ch. 1265, Sec. 3, eff. Sept. 1, 1999.

Sec. 244.011. DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE. (a) The department may deny, suspend, or revoke a license for: (1) a violation of this chapter or a rule adopted under this chapter; or (2) a history of continuing noncompliance with this chapter or the rules …

Sec. 244.0115. EMERGENCY SUSPENSION. The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety. On w…

Sec. 244.012. INJUNCTION. (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate t…

Sec. 244.013. CRIMINAL PENALTY. (a) A person commits an offense if the person violates Section 244.003(a). (b) An offense under this section is a Class C misdemeanor. (c) Each day of a continuing violation constitutes a separate offense. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff…

Sec. 244.014. CIVIL PENALTY. (a) A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the heal…

Sec. 244.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter. A penalty collected under this section or Section 244.016 s…

Sec. 244.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an order of the department under Section 244.015(k) that imposes an administrative penalty becomes final, the person shall: (1) pay the penalty; or (2) file a petiti…