(a) License required. (1) A facility shall obtain a license prior to admitting patients.(2) Upon written request, the Texas Health and Human Services Commission (HHSC) shall furnish a person with an application for a private psychiatric hospital or a crisis stabilization unit license.(3) An applicant shall submit a license application in accordance with § 510.22 of this subchapter (relating to Application and Issuance of Initial License). The applicant shall retain copies of all application documents submitted to HHSC.(b) Compliance. (1) A hospital shall comply with Texas Health and Safety Code (HSC) Chapter 577, this chapter, and the following rules: (A) 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services);(B) 25 TAC Chapter 405, Subchapter E (relating to Electroconvulsive Therapy (ECT));(C) 25 TAC Chapter 414, Subchapter I (relating to Consent to Treatment with Psychoactive Medication--Mental Health Services);(D) 25 TAC Chapter 415, Subchapter F (relating to Interventions in Mental Health Services); and(E) Chapter 568 of this title (relating to Standards of Care and Treatment in Psychiatric Hospitals).(2) A Crisis stabilization unit (CSU) shall comply with HSC Chapter 577, this chapter, Chapter 306, Subchapter B of this title (relating to Standards of Care in Crisis Stabilization Units), and paragraph (1)(A)-(D) of this subsection.(c) Scope of facility license.(1) A facility license is issued for the premises and person or governmental unit named in the application.(2) A facility license shall not include outpatient services located apart from the licensed premises.(3) A facility license shall not include spaces licensed by another licensing agency.(4) Multiple facilities may share one building.(A) Each facility shall be licensed separately.(B) Spaces within the building may not be included under more than one facility license.(C) Each facility in the building shall comply with Subchapter G of this chapter (relating to Physical Plant and Construction Requirements).(5) Multiple hospitals may be licensed under one license number.(A) Hospitals must comply with the following in order to be licensed under a multiple hospital license: (i) meet the criteria for multiple buildings in the definition of premises in §510.2(35) (relating to Definitions); and(ii) when the multiple site location is a previously licensed hospital, the hospital must meet the architectural requirements contained in Subchapter G of this chapter and be approved for occupancy by HHSC's Architectural Review Unit.(B) HHSC will issue a license listing the primary hospital and all multiple location sites when the hospitals meet the requirements of subparagraph (A) of this paragraph, and the primary hospital has submitted:(i) a written request to HHSC for a multiple location application; and(ii) a completed application and licensing fee.(C) When HHSC receives a multiple location application and a change of ownership application simultaneously, HHSC will process the change of ownership application separately prior to the multiple location addendum.(d) Display. A facility shall prominently and conspicuously display the license in a public area of the licensed premises that is readily visible to patients, employees, and visitors.(e) Alteration. A facility license shall not be altered.(f) Transfer or assignment prohibited. A facility license shall not be transferred or assigned. The facility shall comply with the provisions of § 510.24 of this subchapter (relating to Change of Ownership) in the event of a change in the ownership.(g) Changes which affect the license.(1) A facility shall notify HHSC in writing prior to the occurrence of any of the following: (A) addition or deletion of those services indicated on the license application;(B) changes in designed bed capacity as the phrase is used in §510.26(b)(1)(A) - (C) of this subchapter (relating to Fees);(C) request to change license classification; and(D) any construction, renovation, or modification of the facility buildings.(2) A facility shall notify HHSC in writing at the time of the occurrence of any of the following: (A) cessation of operation of the facility which shall include in the written notice the location where the medical records will be stored and the identity and telephone number of the custodian of the medical records;(B) change in certification or accreditation status; and(C) change in facility name, telephone number, or administrator.26 Tex. Admin. Code § 510.21
The provisions of this §510.21 adopted to be effective January 1, 2004, 28 TexReg 5154; Chapter Transferred from Title 25, Part 1, Chapter 134 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2469, eff. 6/1/2019; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9285, eff. 11/21/2024