81st Texas Legislature, Senate Bill 806, Chapter 763 Page: 3 of 16
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S.B. No. 806
1 (e) The executive commissioner [4e-&eteeet] shall by rule
2 establish criteria to determine whether deficiencies from a
3 facility's survey warrant action against an administrator. The
4 criteria shall include a determination of whether the survey
5 indicates substandard quality of care related to an act or failure
6 to act by the administrator, and whether a deficiency is related to
7 an act or failure to act by the administrator. If a deficiency on
8 which a disciplinary action against an administrator is initiated
9 or completed is not substantiated, the disciplinary action shall be
10 reversed.
11 SECTION 3. Subsections (c) and (d), Section 242.316, Health
12 and Safety Code, as added by Section 1.01, Chapter 1280 (S.B. 84),
13 Acts of the 75th Legislature, Regular Session, 1997, are amended to
14 read as follows:
15 (c) If the person accepts the determination and the penalty
16 recommended by the department, or if the person fails to timely
17 respond to the notice, the department shall impose the recommended
18 penalty.
19 (d) If the person requests a hearing [or fa;il to re son
20 timely to the noti ], the department shall set a hearing and give
21 notice of the hearing to the person. The hearing shall be held in
22 accordance with the departmentsc] rules on contested case hearings
23 adopted by the executive commissioner.
24 SECTION 4. Subsections (a) and (d), Section 242.318, Health
25 and Safety Code, as added by Section 2.01, Chapter 1280 (S.B. 84),
26 Acts of the 75th Legislature, Regular Session, 1997, are amended to
27 read as follows:
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Texas. Legislature. Senate. 81st Texas Legislature, Senate Bill 806, Chapter 763, legislative document, June 19, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth149771/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.