Sec. 142.002. LICENSE REQUIRED. (a) Except as provided by Section 142.003, a person, including a health care facility licensed under this code, may not engage in the business of providing home health, hospice, habilitation, or personal assistance services, or represent to the public that the person is a provider of home health, hospice, habilitation, or personal assistance services for pay without a home and community support services agency license authorizing the person to perform those services issued by the department for each place of business from which home health, hospice, habilitation, or personal assistance services are directed. A certified agency must have a license to provide certified home health services.
(b) A person who is not licensed to provide home health services under this chapter may not indicate or imply that the person is licensed to provide home health services by the use of the words "home health services" or in any other manner.
(c) A person who is not licensed to provide hospice services under this chapter may not use the word "hospice" in a title or description of a facility, organization, program, service provider, or services or use any other words, letters, abbreviations, or insignia indicating or implying that the person holds a license to provide hospice services under this chapter.
(d) A license to provide hospice services issued under this chapter authorizes a hospice to own or operate a residential unit or inpatient unit at the licensed site in compliance with the standards and rules adopted under this chapter.
(e) A license issued under this chapter may not be transferred to another person, but may be transferred from one location to another location. A change of ownership or location shall be reported to the department.
(f) A person who is not licensed to provide personal assistance services under this chapter may not indicate or imply that the person is licensed to provide personal assistance services by the use of the words "personal assistance services" or in any other manner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 4, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 198, Sec. 2.194, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 3, eff. September 1, 2015.
Structure Texas Statutes
Subtitle G - Licenses and Other Regulation
Chapter 142 - Home and Community Support Services
Subchapter A. Home and Community Support Services License
Section 142.0011. Scope, Purpose, and Implementation
Section 142.0012. Controlling Person
Section 142.002. License Required
Section 142.0025. Temporary License
Section 142.003. Exemptions From Licensing Requirement
Section 142.004. License Application
Section 142.005. Compliance Record in Other States
Section 142.006. License Issuance; Term
Section 142.0061. Possession of Sterile Water or Saline
Section 142.0062. Possession of Certain Vaccines or Tuberculin
Section 142.0063. Possession of Certain Dangerous Drugs
Section 142.0065. Display of License
Section 142.007. Notice of Drug Testing Policy
Section 142.008. Branch Office
Section 142.0085. Alternate Delivery Site License
Section 142.009. Surveys; Consumer Complaints
Section 142.0092. Consumer Complaint Data
Section 142.0093. Retaliation Prohibited
Section 142.0094. Use of Regulatory Survey Reports and Other Documents
Section 142.0104. Change in Application Information
Section 142.0105. License Renewal
Section 142.011. Denial, Suspension, or Revocation of License
Section 142.012. Powers and Duties
Section 142.014. Civil Penalty
Section 142.0145. Violation of Law Relating to Advance Directives
Section 142.017. Administrative Penalty
Section 142.0171. Notice; Request for Hearing
Section 142.0172. Hearing; Order
Section 142.0173. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 142.0174. Use of Administrative Penalty
Section 142.0175. Expenses and Costs for Collection of Civil or Administrative Penalty
Section 142.018. Reports of Abuse, Exploitation, or Neglect
Section 142.019. Certain Physician Referrals Prohibited
Section 142.020. Disposal of Special or Medical Waste
Section 142.0201. Registration for Evacuation; Disaster Preparedness