Texas Hospital Licensing Law
Texas · HS · §§ 241.001 to 241.406 · 86 sections
Overview
This act establishes a licensing scheme for hospitals, requiring a facility to hold a state-issued license to operate and directing the responsible agency to adopt rules and minimum standards governing hospital operations and the care they provide. It sets out the application, issuance, and fee process, grants inspection authority, and provides graduated enforcement — denial, suspension, probation, or revocation of a license, emergency orders, injunctions, and civil, criminal, and administrative penalties, with a private right of action for a person harmed. Beyond licensure, it imposes substantive operating requirements on licensed hospitals, addressing matters such as personnel and staff identification, patient transfers and transfer agreements, workplace safety and protection against discrimination and retaliation, required public signage, certain obstetric and end-of-life practices, and the hospital's authority over and relationships with its medical staff and physicians.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 52 court decisions.
Most-cited authority: 748 F.3d 583 - Planned Parenthood of Greater Texas Surgical Health Services v. Abbott
Sections covered
- Tex. Health & Safety Code § 241.001SHORT TITLE3 cites
- Tex. Health & Safety Code § 241.002PURPOSE1 cite
- Tex. Health & Safety Code § 241.003DEFINITIONS5 cites
- Tex. Health & Safety Code § 241.004EXEMPTIONS
- Tex. Health & Safety Code § 241.005EMPLOYMENT OF PERSONNEL
- Tex. Health & Safety Code § 241.006COORDINATION OF SIGNAGE REQUIREMENTS IMPOSED BY STATE AGENCIES
- Tex. Health & Safety Code § 241.007COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION
- Tex. Health & Safety Code § 241.008INDUCED DELIVERIES OR CESAREAN SECTIONS BEFORE 39TH WEEK
- Tex. Health & Safety Code § 241.009PHOTO IDENTIFICATION BADGE REQUIRED
- Tex. Health & Safety Code § 241.010DISPOSITION OF FETAL REMAINS
- Tex. Health & Safety Code § 241.011HUMAN TRAFFICKING SIGNS REQUIRED
- Tex. Health & Safety Code § 241.0115DISCRIMINATION AND RETALIATION PROHIBITED
- Tex. Health & Safety Code § 241.012IN-PERSON HOSPITAL VISITATION DURING PERIOD OF DISASTER
- Tex. Health & Safety Code § 241.021LICENSE REQUIRED3 cites
- Tex. Health & Safety Code § 241.022LICENSE APPLICATION
- Tex. Health & Safety Code § 241.023ISSUANCE OF LICENSE
- Tex. Health & Safety Code § 241.025LICENSE FEES
- Tex. Health & Safety Code § 241.026RULES AND MINIMUM STANDARDS2 cites
- Tex. Health & Safety Code § 241.0262CIRCULATING DUTIES FOR SURGICAL SERVICES
- Tex. Health & Safety Code § 241.0263RECOMMENDATIONS RELATING TO MISSING INFANTS
- Tex. Health & Safety Code § 241.0265STANDARDS FOR CARE FOR MENTAL HEALTH AND CHEMICAL DEPENDENCY
- Tex. Health & Safety Code § 241.027PATIENT TRANSFERS1 cite
- Tex. Health & Safety Code § 241.028TRANSFER AGREEMENTS
- Tex. Health & Safety Code § 241.029POLICIES AND PROCEDURES RELATING TO WORKPLACE SAFETY
- Tex. Health & Safety Code § 241.051INSPECTIONS1 cite
- Tex. Health & Safety Code § 241.052COMPLIANCE WITH RULES AND STANDARDS
- Tex. Health & Safety Code § 241.053DENIAL OF APPLICATION, SUSPENSION, REVOCATION, PROBATION, OR REISSUANCE OF LICENSE3 cites
- Tex. Health & Safety Code § 241.0531COMMISSIONER'S EMERGENCY ORDERS1 cite
- Tex. Health & Safety Code § 241.054VIOLATIONS; INJUNCTIONS1 cite
- Tex. Health & Safety Code § 241.055CIVIL PENALTY
- Tex. Health & Safety Code § 241.0555ADDITIONAL REQUIREMENTS: POTENTIALLY PREVENTABLE ADVERSE EVENTS
- Tex. Health & Safety Code § 241.056SUIT BY PERSON HARMED1 cite
- Tex. Health & Safety Code § 241.057CRIMINAL PENALTY1 cite
- Tex. Health & Safety Code § 241.058MINOR VIOLATIONS1 cite
- Tex. Health & Safety Code § 241.0585RECOVERY OF COSTS
- Tex. Health & Safety Code § 241.059ADMINISTRATIVE PENALTY
- Tex. Health & Safety Code § 241.060ADMINISTRATIVE PENALTY FOR MENTAL HEALTH, CHEMICAL DEPENDENCY, OR REHABILITATION SERVICES
- Tex. Health & Safety Code § 241.101HOSPITAL AUTHORITY CONCERNING MEDICAL STAFF8 cites
- Tex. Health & Safety Code § 241.1015PHYSICIAN COMMUNICATION AND CONTRACTS
- Tex. Health & Safety Code § 241.102AUTHORIZATIONS AND RESTRICTIONS IN RELATION TO PHYSICIANS AND PODIATRISTS
- Tex. Health & Safety Code § 241.103PRESERVATION OF RECORDS1 cite
- Tex. Health & Safety Code § 241.1031PRESERVATION OF RECORD FROM FORENSIC MEDICAL EXAMINATION
- Tex. Health & Safety Code § 241.104HOSPITAL PLAN REVIEWS
- Tex. Health & Safety Code § 241.105HOSPITAL PRIVILEGES FOR ADVANCED PRACTICE NURSES AND PHYSICIAN ASSISTANTS
- Tex. Health & Safety Code § 241.121DEFINITION
- Tex. Health & Safety Code § 241.122LICENSE REQUIRED
- Tex. Health & Safety Code § 241.123REHABILITATION SERVICES STANDARDS
- Tex. Health & Safety Code § 241.151DEFINITIONS4 cites
- Tex. Health & Safety Code § 241.152WRITTEN AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION5 cites
- Tex. Health & Safety Code § 241.153DISCLOSURE WITHOUT WRITTEN AUTHORIZATION6 cites
- Tex. Health & Safety Code § 241.1531EXCHANGE OF INMATE'S HEALTH CARE INFORMATION
- Tex. Health & Safety Code § 241.154REQUEST4 cites
- Tex. Health & Safety Code § 241.155SAFEGUARDS FOR SECURITY OF HEALTH CARE INFORMATION
- Tex. Health & Safety Code § 241.156PATIENT REMEDIES
- Tex. Health & Safety Code § 241.182LEVEL OF CARE DESIGNATIONS
- Tex. Health & Safety Code § 241.183RULES
- Tex. Health & Safety Code § 241.1835USE OF TELEMEDICINE MEDICAL SERVICES
- Tex. Health & Safety Code § 241.1836APPEAL PROCESS
- Tex. Health & Safety Code § 241.1837PATIENT SAFETY PRACTICES REGARDING PLACENTA ACCRETA SPECTRUM DISORDER
- Tex. Health & Safety Code § 241.184CONFIDENTIALITY; PRIVILEGE
- Tex. Health & Safety Code § 241.185ASSIGNMENT OF LEVEL OF CARE DESIGNATION
- Tex. Health & Safety Code § 241.186HOSPITAL NOT DESIGNATED
- Tex. Health & Safety Code § 241.1865WAIVER FROM LEVEL OF CARE DESIGNATION REQUIREMENTS; CONDITIONAL DESIGNATION
- Tex. Health & Safety Code § 241.187PERINATAL ADVISORY COUNCIL
- Tex. Health & Safety Code § 241.201APPLICABILITY
- Tex. Health & Safety Code § 241.202ADVERTISING
- Tex. Health & Safety Code § 241.204ADMINISTRATIVE PENALTY
- Tex. Health & Safety Code § 241.205DISCLOSURE STATEMENT REQUIRED
- Tex. Health & Safety Code § 241.221APPLICABILITY
- Tex. Health & Safety Code § 241.222CERTAIN FEES PROHIBITED
- Tex. Health & Safety Code § 241.223DISCLOSURE OF CERTAIN PRICES AND FEES DURING DECLARED DISASTER; CONSTRUCTION
- Tex. Health & Safety Code § 241.224PROHIBITED PRICING PRACTICES DURING DECLARED STATE OF DISASTER
- Tex. Health & Safety Code § 241.225ENFORCEMENT
- Tex. Health & Safety Code § 241.251APPLICABILITY
- Tex. Health & Safety Code § 241.252NOTICE OF FEES
- Tex. Health & Safety Code § 241.301DEFINITION
- Tex. Health & Safety Code § 241.302LICENSE REQUIRED
- Tex. Health & Safety Code § 241.303LICENSING FEE
- Tex. Health & Safety Code § 241.351DEFINITION
- Tex. Health & Safety Code § 241.352LIMITATION ON CIVIL LIABILITY OF CHILDREN'S ISOLATION UNIT
- Tex. Health & Safety Code § 241.401DEFINITIONS
- Tex. Health & Safety Code § 241.402APPROVAL REQUIRED
- Tex. Health & Safety Code § 241.403MINIMUM STANDARDS
- Tex. Health & Safety Code § 241.404APPLICATION; APPROVAL
- Tex. Health & Safety Code § 241.405FEE
- Tex. Health & Safety Code § 241.406WAIVER OF REQUIREMENTS
Enacted in other states
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