Sec. 142.028. EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION AIDE PERMITS. (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.
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.
Structure Texas Statutes
Subtitle G - Licenses and Other Regulation
Chapter 142 - Home and Community Support Services
Subchapter B. Permits to Administer Medication
Section 142.021. Administration of Medication
Section 142.022. Exemptions for Nursing Students and Medication Aide Trainees
Section 142.023. Rules for Administration of Medication
Section 142.024. Home Health Medication Aide Training Programs
Section 142.025. Issuance and Renewal of Home Health Medication Aide Permit
Section 142.026. Fees for Issuance and Renewal of Home Health Medication Aide Permit
Section 142.027. Violation of Home Health Medication Aide Permits
Section 142.028. Emergency Suspension of Home Health Medication Aide Permits
Section 142.029. Administration of Medication; Criminal Penalty
Section 142.030. Dispensing Dangerous Drugs or Controlled Substances; Criminal Penalty