Title HS, Health and Safety Code

Sec. 255.003. QUALITY-OF-CARE MONITORS. (a) The department shall establish regional offices with one or more quality-of-care monitors, based on the number of long-term care facilities in the region, to monitor the facilities in the region on a regular, aperiodic basis, including …

Sec. 255.004. RAPID RESPONSE TEAMS. (a) In this section: (1) "Abuse" has the meaning assigned by Section 260A.001. (2) "Immediate threat to health and safety" means a situation in which immediate corrective action is necessary because the facility's noncompliance with one or more…

Sec. 255.005. REPORT. (a) The Health and Human Services Commission shall assess and evaluate the effectiveness of the quality assurance early warning system and shall report its findings annually to the governor, the lieutenant governor, and the speaker of the house of representa…

Sec. 256.001. DEFINITIONS. In this chapter: (1) "Hospital" means a general or special hospital, as defined by Section 241.003, a private mental hospital licensed under Chapter 577, or another hospital that is maintained or operated by the state. (2) "Nursing home" means an instit…

Sec. 256.002. REQUIRED SAFE PATIENT HANDLING AND MOVEMENT POLICY. (a) The governing body of a hospital or the quality assurance committee of a nursing home shall adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to p…

Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN GROUP-CENTERED FACILITIES. (a) Subject to Subsection (b), a hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered faci…

Sec. 257.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (1-a) "Committee" means a nurse staffing committee required by this chapter. (2) "Department" means the Department of State Health Services. (3) "Hospital" means: (A) a ge…

Sec. 257.002. LEGISLATIVE FINDINGS. (a) The legislature finds that: (1) research supports a conclusion that adequate nurse staffing is directly related to positive patient outcomes and nurse satisfaction with the practice environment; (2) nurse satisfaction with the practice envi…

Sec. 257.003. NURSE STAFFING POLICY AND PLAN. (a) The governing body of a hospital shall adopt, implement, and enforce a written nurse staffing policy to ensure that an adequate number and skill mix of nurses are available to meet the level of patient care needed. The policy must…

Sec. 257.004. NURSE STAFFING COMMITTEE. (a) A hospital shall establish a nurse staffing committee as a standing committee of the hospital. (b) The committee shall be composed of members who are representative of the types of nursing services provided in the hospital. (c) The chie…

Sec. 257.005. REPORTING OF STAFFING INFORMATION TO DEPARTMENT. (a) A hospital shall annually report to the department on: (1) whether the hospital's governing body has adopted a nurse staffing policy as required by Section 257.003; (2) whether the hospital has established a nurse…

Sec. 257.006. PROHIBITED RETALIATION. A hospital may not retaliate against a nurse who provides information to the committee or reports violations of this chapter to hospital management or the commission. Added by Acts 2025, 89th Leg., R.S., Ch. 398 (H.B. 2187), Sec. 3, eff. Sept…

Sec. 257.007. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The commission shall enforce this chapter in accordance with: (1) Subchapter C, Chapter 241, against a hospital licensed under that chapter as if the hospital violated that chapter; (2) Chapter 577 and rules adopted under Secti…

Sec. 258.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (1-a) "Hospital" means: (A) a general hospital or special hospital, as those terms are defined by Section 241.003, including a hospital maintained or operated by this stat…

Sec. 258.002. MANDATORY OVERTIME. For purposes of this chapter, "mandatory overtime" means a requirement that a nurse work hours or days that are in addition to the hours or days scheduled, regardless of the length of a scheduled shift or the number of scheduled shifts each week.…

Sec. 258.003. PROHIBITION OF MANDATORY OVERTIME. (a) A hospital may not require a nurse to work mandatory overtime, and a nurse may refuse to work mandatory overtime. (b) This section does not prohibit a nurse from volunteering to work overtime. (c) A hospital may not use on-call…

Sec. 258.004. EXCEPTIONS. (a) Section 258.003 does not apply if: (1) a health care disaster, such as a natural or other type of disaster that increases the need for health care personnel, unexpectedly affects the county in which the nurse is employed or affects a contiguous count…

Sec. 258.005. RETALIATION PROHIBITED. A hospital may not suspend, terminate, or otherwise discipline or discriminate against a nurse who refuses to work mandatory overtime or reports violations of this chapter to hospital management or the commission. Added by Acts 2009, 81st Leg…

Sec. 258.006. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The commission shall enforce this chapter in accordance with: (1) Subchapter C, Chapter 241, against a hospital licensed under that chapter as if the hospital violated that chapter; (2) Chapter 577 and rules adopted under Secti…

Sec. 259.001. DEFINITIONS. In this chapter: (1) "Department" means the Department of State Health Services. (2) "Surgical technologist" means a person who practices surgical technology. (3) "Surgical technology" means intraoperative surgical patient care as follows: (A) preparing…

Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL TECHNOLOGY; CONTINUING EDUCATION. (a) A health care facility licensed by the department under this subtitle or owned or operated by the state may not employ a person to practice surgical technology in that health care facility un…

Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This chapter does not repeal or modify any law relating to the supervision of surgical technologists. Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.

Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter does not prohibit a licensed practitioner from performing a task or function within the scope of the practitioner's license. Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.

Sec. 259.005. APPLICABILITY. This chapter does not apply to: (1) a licensed registered nurse or a licensed vocational nurse; or (2) the employment by a health care facility of an individual whose primary functions include the cleaning or sterilization of supplies, instruments, eq…

Sec. 259.006. ENFORCEMENT. (a) The executive commissioner of the Health and Human Services Commission may adopt rules to administer and enforce this chapter. (b) A health care facility that violates Section 259.002 is subject to an administrative penalty, a civil penalty, or othe…

Sec. 260.001. DEFINITIONS. In this chapter: (1) "Assistance with self-administering medication" means assisting a resident by reminding the resident to take medication, opening and removing medications from a container, or reminding the resident when a prescription medication nee…

Sec. 260.002. EXEMPTIONS. This chapter does not apply to: (1) a person that is required to be licensed under Chapter 142, 242, 246, 247, or 252; (2) a person that is exempt from licensing under Section 142.003(a)(19) or (20), 242.003(3), or 247.004(4); (3) a hotel as defined by S…

Sec. 260.003. MODEL STANDARDS. The executive commissioner shall develop and publish in the Texas Register model standards for the operation of a boarding home facility relating to: (1) the construction or remodeling of a boarding home facility, including plumbing, heating, lighti…

Sec. 260.004. LOCAL REGULATION. A county or municipality may require a person to obtain a permit from the county or municipality to operate a boarding home facility within the county's or municipality's jurisdiction. A county or municipality may adopt the standards developed by t…

Sec. 260.005. PERMIT PROCEDURES; FEES; FINES. (a) A county or municipality that requires a person to obtain a boarding home facility permit as authorized by Section 260.004 may establish procedures for the submission of a boarding home facility permit application and for the issu…

Sec. 260.0051. CRIMINAL PENALTY. (a) This section applies only to a county or municipality that requires a person to obtain a permit to operate a boarding home facility as authorized by Section 260.004. (b) A person commits an offense if the person operates a boarding home facili…

Sec. 260.006. POSTING. A boarding home facility that holds a permit issued by a county or municipality shall prominently and conspicuously post for display in a public area of the boarding home facility that is readily available to residents, the operator, employees, and visitors…

Sec. 260.007. INSPECTIONS. (a) A county or municipality may conduct any inspection, survey, or investigation that it considers necessary and may enter the premises of a boarding home facility at reasonable times to make an inspection, survey, or investigation. (b) A county or mun…

Sec. 260.008. INTERLOCAL COOPERATION. Two or more counties or municipalities may cooperate and contract with each other for the purpose of inspecting and permitting boarding home facilities. Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. …

Sec. 260.009. REPORTING AND INVESTIGATION OF ABUSE, NEGLECT, OR EXPLOITATION. (a) A person, including an owner, operator, or employee of a boarding home facility that holds a permit issued by a county or municipality, who has cause to believe that a resident who is an elderly per…

Sec. 260.0091. REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT, OR EXPLOITATION; CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) owns a building that the person leases to another person who operates a boarding home facility in the building; (2) has actual knowled…

Sec. 260.010. ANNUAL REPORT TO COMMISSION; LEGISLATIVE REPORT. (a) Not later than September 30 of each year following the establishment of a county or municipal permitting requirement under this chapter, each county or municipality that requires a person to obtain a boarding home…

Sec. 260.011. EXCLUSION PROHIBITED. If an entity meets the requirements established by a county or municipality under this chapter, the entity may not be excluded from a residential area by zoning ordinances or similar regulations. Redesignated from Health and Safety Code, Chapte…

Sec. 260A.001. DEFINITIONS. In this chapter: (1) "Abuse" means: (A) the negligent or wilful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to a resident by the resident's caregiver, family member…

Sec. 260A.002. REPORTING OF ABUSE, NEGLECT, AND EXPLOITATION. (a) A person, including an owner or employee of a facility, who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse, neglect, or exploitation …

Sec. 260A.003. CONTENTS OF REPORT. (a) A report of abuse, neglect, or exploitation is nonaccusatory and reflects the reporting person's belief that a resident has been or will be abused, neglected, or exploited or has died of abuse or neglect. (b) The report must contain: (1) the…

Sec. 260A.004. ANONYMOUS REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION. (a) An anonymous report of abuse, neglect, or exploitation, although not encouraged, shall be received and acted on in the same manner as an acknowledged report. (b) An anonymous report about a specific individu…

Sec. 260A.005. TELEPHONE HOTLINE; PROCESSING OF REPORTS. (a) The department shall operate the department's telephone hotline to: (1) receive reports of abuse, neglect, or exploitation; and (2) dispatch investigators. (b) A report of abuse, neglect, or exploitation shall be made t…

Sec. 260A.006. NOTICE. (a) Each facility shall prominently and conspicuously post a sign for display in a public area of the facility that is readily available to residents, employees, and visitors. (b) The sign must include the statement: CASES OF SUSPECTED ABUSE, NEGLECT, OR EX…

Sec. 260A.007. INVESTIGATION AND REPORT OF DEPARTMENT. (a) The department shall make a thorough investigation after receiving an oral or written report of abuse, neglect, or exploitation under Section 260A.002 or another complaint alleging abuse, neglect, or exploitation. (b) The…

Sec. 260A.008. CONFIDENTIALITY. A report, record, or working paper used or developed in an investigation made under this chapter and the name, address, and phone number of any person making a report under this chapter are confidential and may be disclosed only for purposes consis…