Sec. 254.202. EMERGENCY SUSPENSION. (a) The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.
(b) An emergency suspension under this section is effective immediately without a hearing on notice to the license holder.
(c) On written request of the license holder to the department for a hearing, the department shall refer the matter to the State Office of Administrative Hearings. An administrative law judge of that office shall conduct a hearing not earlier than the 10th day or later than the 30th day after the date the hearing request is received by the department to determine if the emergency suspension is to be continued, modified, or rescinded.
(d) A hearing and any appeal under this section are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. March 1, 2010.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0814, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 254 - Freestanding Emergency Medical Care Facilities
Subchapter E. Enforcement and Penalties
Section 254.201. Denial, Suspension, Probation, or Revocation of License
Section 254.202. Emergency Suspension
Section 254.204. Criminal Penalty
Section 254.205. Imposition of Administrative Penalty
Section 254.206. Payment and Collection of Administrative Penalty; Judicial Review