Texas Register, Volume 12, Number 70, Pages 3237-3293, September 18, 1987 Page: 3,258
3237-3293 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
which is herein adopted b, rccren .c a, 1'
hibt A and is dailable from the I01t,
Department of Mental Hcalth and Icnt.il
Retardation, P ( IBm l2668, AuLsLi., I L1.
78711.
(c) The first stage submittal of such
plans and specifications shall be accom-
panied by a fee of $650 and a letter of in-
tent to apply for license to operate a private
psychiatric hospital. The letter of intent
should indicate the proposed name, ownor-
ship, address, and number of beds by typce
of service at the proposed hospital.
(d) All final stage plans and specifica-
tions shall be appropriately sealed and sign-
ed by a registered architect and professional
engineer licensed by the State of Texas.
(e) Upon approval of final (third
stage) plans and specifications, the depart-
ment shall issue a letter granting approval
to begin construction. Such authorization
does not constitute release from the re-
quirements contained in this subchapter.
Any contract modifications which affect or
change the function, design, or designated
use of an area shall be submitted to the
department for approval prior to authoriza-
tion of the modifications.
401.585. Construction and Inspections.
(a) Adequate provision shall be made
for the safety and comfort of patients when-
ever an approved construction or renovation
project takes place in or near occupied areas.
(b) After construction has com-
menced, progress reports shall be submitted
as required by the department to monitor the
construction work. The submission of pro-
gress reports is the responsibility of the
hospital/owner.
(c) Two or more construction progress
and/or final inspections of the facility will
be scheduled for the purpose of verifying
compliance with licensing requirements,
plans, and specifications. The department
shall determine the number of required in-
spections necessary to comp!ee all propos-
ed construction projects.
(d) A fee of $650 per each inspection
shall be submitted to the Texas Department
of Mental Health and Mental Retardation
prior to any inspections conducted by the
staff of the department. All fees shall be paid
by check or money order made payable to
the Texas Department of Mental Health and
Mental Retardation.
(e) No facility shall occupy any new
structure, or building addition, or renova-
tion space until the appropriate permission
has been received from the local building and
fire authorities and the department.
401.586. License Application Proce.s.
(a) A person requesting a license to
operate a private psychiatric hospital must
submit the application which is herein
adopted by reference as Exhibit B and which
is available from the Texas Department of
Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711. The
application shall contain all information
12 TexReg 3258 September 18, 1987ct:.J ,\ the ,tpplicatior term .zi such
oth;I :l iiti I! i s shali he iequtiied b Ithe
.inc- ntc enien t t thc lea d \lcental icallth
C ode, lexas (iil Statutes, Article 5547-1 et
seq
(b The original and one copy of the
application must be submitted to the depart-
ment. Written material relating to the ap-
phicanon must also be submitted in duplicate.
tc) An application tot a license to
operate a private psychiatric hospital must
be accompanied by an initial license fee of
s250 the annual license renewal fee payable
each year thereafter is $250. All fees shall
be paid by check or money ot der made pay-
able to the Texas Department of Mental
Health and Mental Retardation.
(d) Each application for a license to
operate a private psychiatric hospital shall
be reviewed and a determination made with-
in 10 working days after the date of its
receipt whether the application is complete
and complies with all applicable laws, rules,
and regulations.
(e) If the application contains all re-
quetcd information and complies with all
applicable laws, rules, and regulations, the
department shall notify the applicant in
writing of formal acceptance of the appli-
cation.
(1) It the application does not contain
all requested information or does not com-
plh with all applicable laws, rules, and
regulations, the department shall notify the
applicant in writing of the rejection of the
application and provide a list of deficiencies
for correction. Failure of the applicant to
submit corrections to the stated deficiencies
within 60 days from the date of the letter of
notification may result in the administrative
withdrawal of the application and forfeiture
of the application fee.
(g) After formal acceptance of proper
application for license and the required fees,
the department shall make such investigation
as it deems necessary. If the department
finds that the premises are suitable and that
the applicant is qualified to operate a
psychiatric hospital in accordance with the
requirements and standards established by
las+ and by the department, the department
,ha!i! issue a license authorizing the desig-
nated licensee to operate a psychiatric
hospital on the premises described and for
the bed capacity specified in the license.
(h) The department may grant a pro-
visional license for a period not to exceed 12
months in order for the facility to
demonstrate operational procedures which
are in substantial compliance with this sub-
chapter. No provisional license shall be
granted to a newly established hospital which
is not in substantial compliance with provi
sions of this subchapter relating to the struc-
tural or physical condition of the hospital.
(i) Within 12 months of the time a
provisional license is granted, private
psychiatric hospitals awarded accreditation
by the Joint Commission on Accreditationof Hospitals (.I('AH). or certification by
Medicare as a pychiatr'w hospital, will be
etxept trollr l i nsite Ir grarnlllmtle review
bs the departiiiment and shall be awarded a
permanent license. Those private psychiatric
hospitals not seeking or nut awarded such4
JCAi accreditation or Medicare certifica-
tion shall receive a programmatic review by
the department and shall be awarded a per-
manent license upon demonstration of sub-
stantial compliance with the requirements of
401.587 of this title (relating to Re-
quirements for Licensure).
(j) The accredited status of services of-
fered by a private psychiatric hospital does
not alter the hospital's obligation to:
(1) comply with the provisions of
this subchapter;
(2) correct any deficiencies cited by
the department with respect to licensing stan-
dards; and
(3) cooperate with investigations
conducted by the department of reports of
abuse, neglect, violation of patient rights, or
deficiency in the operation of the facility.
(k) The license shall be posted in a
conspicuous place on the licensed premises.
A license remains in effect until suspended
or revoked by the department or surrendered
by the licensee.
(I) Any duly authorized agent of the
department may at any reasonable time enter
upon the premises of any private psychiatric
hospital to inspect the facility and condi-
tions, to observe the program for care and i
treatment, and to question employees of the
hospital; and may have access for the pur-
pose of examination and transcription to
such records and documents as are relevant
to the investigation.
(m) The department may maintain an
action in the name of the State of Texas for
injunction or any other process against any
person or political subdivision to restrain the
unlicensed operation of a psychiatric hospi-
tal.
401.587. Requirements for Licensure.
(a) In order to be eligible for licensure
as a private psychiatric hospital, a proposed
facility must meet the definition of a private
psychiatric hospital as delineated in 401.583
of this title (relating to Definitions).
(b) Although a private psychiatric
hospital may offer services other than those
of an Inpatient nature, such services are not
licensed or regulated by the department.
(c) Each private psychiatric hospital
shall provide overall operations, a physical
plant, and all services and treatment in a
manner consistent with recognized hospital
standards. For purposes of licensure, private
psychiatric hospitals, other than those oper-
ated by community centers, shall be in sub-
stantial compliance with inpatient standards
set forth by the Joint Commission on Ac-
creditation of Hospitals; that is, the stan-
dards for inpatient settings in the current
edition of the Accreditation Manual for Hos-
pitals. Additionally, such hospitals shall pro-
vide special treatment procedures in ac-Texas Register A4
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 12, Number 70, Pages 3237-3293, September 18, 1987, periodical, September 18, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243914/m1/22/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.