2005 Texas Health & Safety Code CHAPTER 249. MATERNITY HOMES

HEALTH & SAFETY CODE

CHAPTER 249. MATERNITY HOMES


	§ 249.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the Board of Protective and 
Regulatory Services.         
		(2)  "Department" means the Department of Protective 
and Regulatory Services.
		(3)  "Maternity home" means a place or establishment 
that receives, treats, or cares for, overnight or longer, within a 
period of 12 months, four or more pregnant women or women who, 
within two weeks before the date of the treatment or care, gave 
birth to a child, not including a woman who receives maternity care 
in the place or establishment that is the home of a relative of the 
woman related within the third degree of consanguinity or affinity, 
as determined under Chapter 573, Government Code.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 
1, 1995.


	§ 249.002. LICENSE REQUIRED.  (a) A person may not 
establish or operate a maternity home in this state without a 
license issued under this chapter.
	(b)  A license is not transferable or assignable.                              

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.003. LICENSE APPLICATION AND ISSUANCE.  (a) An 
applicant for a maternity home 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 board.
	(c)  The department shall issue a license if, after 
inspection and investigation, it finds that the applicant and the 
center meet the requirements of this chapter and the standards 
adopted under this chapter.
	(d)  The license fee must be paid annually on renewal of the 
license.        

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.004. INSPECTIONS.  The department may inspect a 
maternity home at reasonable times as necessary to assure 
compliance with this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.005. FEES.  The board shall set fees imposed by this 
chapter in amounts reasonable and necessary to defray the cost of 
administering this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.006. MATERNITY HOME LICENSING FUND.  All fees 
collected under this chapter shall be deposited in the state 
treasury to the credit of the maternity home licensing fund and may 
be appropriated to the department only to administer and enforce 
this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.007. ADOPTION OF RULES.  The board shall adopt 
rules necessary to implement this chapter, including requirements 
for the issuance, renewal, denial, suspension, and revocation of a 
license to operate a maternity home.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.008. MINIMUM STANDARDS.  (a) The rules must contain 
minimum standards applicable to a maternity home and for:
		(1)  the qualifications of the professional staff and 
other personnel;      
		(2)  the equipment essential to the health and welfare 
of the patients;  and
		(3)  the sanitary and hygienic conditions within the 
home and its surroundings.
	(b)  This section does not authorize the board to:                             
		(1)  establish the qualifications of a licensed 
practitioner;  or           
		(2)  permit a person to provide health care services 
who is not authorized to provide those services under another state 
law.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.009. DENIAL, SUSPENSION, OR REVOCATION OF 
LICENSE.  (a) The department may deny, suspend, or revoke a license 
for a violation of this chapter or a rule adopted under this 
chapter.
	(b)  The denial, suspension, or revocation of a license by 
the department and the appeal from that action are governed by the 
procedures for a contested case hearing under Chapter 2001, 
Government Code.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 
1, 1995.


	§ 249.010. 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 threat to the health and safety of 
the patients of a maternity home.
	(b)  A district court, on petition of the department and on a 
finding by the court that a person is violating the standards or 
licensing requirements provided under this chapter, may by 
injunction:
		(1)  prohibit a person from continuing a violation of 
the standards or licensing requirements provided under this 
chapter;
		(2)  restrain or prevent the establishment or operation 
of a maternity home without a license issued under this chapter;  or
		(3)  grant any other injunctive relief warranted by the 
facts.              
	(c)  The attorney general shall institute and conduct a suit 
authorized by this section at the request of the department.
	(d)  Venue for a suit brought under this section is in the 
county in which the maternity home is located or in Travis County.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.011. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person violates Section 249.002(a).
	(b)  An offense under this section is punishable by a fine of 
not more than $1,000 for the first offense and not more than $500 
for each subsequent offense.
	(c)  Each day of a continuing violation constitutes a 
separate offense.      

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.          


	§ 249.012. 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 $10,000 for each violation if the department determines the 
violation threatens the health and safety of a patient.
	(b)  Each day of a continuing violation constitutes a 
separate ground for recovery.

Added by Acts 1993, 73rd Leg., ch. 747, § 24, eff. Sept. 1, 1993.