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Texas Health and Safety Code

§ 142.028 — EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION AIDE PERMITS

HS § 142.028Title 2. HEALTH · Part G. LICENSES AND OTHER REGULATION · Ch. 142. HOME AND COMMUNITY SUPPORT SERVICES · Art. B. PERMITS TO ADMINISTER MEDICATION

Statute text

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(a)The department shall issue an order to suspend a permit issued under Section 142.025 if the department has reasonable cause to believe that the conduct of the permit holder creates an imminent danger to the public health or safety.
(b)An emergency suspension is effective immediately without a hearing on notice to the permit holder.
(c)If requested in writing by a permit holder whose permit is suspended, the department shall conduct a hearing to continue, modify, or rescind the emergency suspension.
(d)The hearing must be held not earlier than the 10th day or later than the 30th day after the date on which the hearing request is received.
(e)The hearing and an appeal from a disciplinary action related to the hearing are governed by the department's rules for a formal hearing and Chapter 2001, Government Code.

Legislative history

Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff. June 19, 1990. Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 26, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.

Source: Texas Health and Safety Code § 142.028 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.