Health and Safety Code
CHAPTER 247. PERSONAL CARE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 247.001. Short Title.
This chapter may be cited as the Personal Care Facility
Licensing Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept.
1, 1991.
Sec. 247.002. Definitions.
In this chapter:
(1) "Board" means the Texas Board of Human Services.
(2) "Department" means the Texas Department of Human
Services.
(3) "Personal care facility" means an establishment,
including a board and care home, that:
(A) furnishes, in one or more facilities, food and
shelter to four or more persons who are unrelated to the
proprietor of the establishment; and
(B) provides personal care services.
(4) "Personal care services" means:
(A) assistance with meals, dressing, movement, bathing,
or other personal needs or maintenance;
(B) the administration of medication by a person
licensed to administer medication or the assistance with or
supervision of medication; or
(C) general supervision or oversight of the physical and
mental well-being of a person who needs assistance to
maintain a private and independent residence in a personal
care facility or who needs assistance to manage the person's
personal life, regardless of whether a guardian has been
appointed for the person.
(5) "Qualified religious society" means a church, synagogue,
or other organization or association that is organized
primarily for religious purposes and that:
(A) has been in existence in this state for at least 35
years; and
(B) does not distribute any of its income to its
members, officers, or governing body other than as
reasonable compensation for services or reimbursement of
expenses.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 608, Sec. 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.092, eff. Sept. 1,
1995.
Sec. 247.003. Application of Other Law.
(a) Except as provided by Subsection (b), Chapter 242 does not
apply to a personal care facility licensed under this chapter.
(b) Subchapter D, Chapter 242, applies to a personal care
facility, and the department shall administer and enforce that
subchapter for a personal care facility in the same manner it is
administered and enforced for a nursing home.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept.
1, 1991.
Sec. 247.004. Exemptions.
This chapter does not apply to:
(1) a boarding facility that has rooms for rent and that may
offer community meals but that does not provide personal care
services;
(2) an establishment conducted by or for the adherents of
the Church of Christ, Scientist, for the purpose of providing
facilities for the care or treatment of the sick who depend
exclusively on prayer or spiritual means for healing without
the use of any drug or material remedy if the establishment
complies with local safety, sanitary, and quarantine ordinances
and regulations; or
(3) a facility conducted by or for the adherents of a
qualified religious society classified as a tax-exempt
organization under an Internal Revenue Service group exemption
ruling for the purpose of providing personal care services
without charge solely for the society's professed members or
ministers in retirement, if the facility complies with local
safety, sanitation, and quarantine ordinances and regulations.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 608, Sec. 1, eff. Aug. 30,
1993.
SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS
Sec. 247.021. License Required.
(a) A person may not establish or operate a personal care
facility without a license issued under this chapter.
(b) The department by rule shall establish procedures to issue a
six-month provisional license to existing facilities with
residents. The department may issue a provisional license only
if:
(1) the facility is in compliance with resident care standards;
(2) the facility voluntarily discloses that the facility needs
additional time to comply with life safety code and physical
plant standards;
(3) the disclosure is made in writing by certified mail to the
department;
(4) an investigation of the violation was not initiated and the
violation was not independently detected by the department; and
(5) the disclosure is made promptly after knowledge of the
information disclosed is obtained by the facility.
(c) If, at the end of the six-month provisional license period,
the facility does not meet life safety code and physical plant
standards, the department may not issue a license to the
facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept.
1, 1991.
Amended by Acts 1997, 75th Leg., ch. 1088, Sec. 1, eff. Sept. 1,
1997.
Sec. 247.022. License Application.
(a) An applicant for a personal care facility license must
submit an application to the department on a form prescribed by
the department.
(b) Each application must be accompanied by a nonrefundable
license fee in an amount set by the board.
(c) The department may provide technical assistance to an
applicant by making brief inspections of the personal care
facility proposed to be licensed and making recommendations
concerning actions necessary to meet standards for personal care
facilities.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Sec. 247.023. Issuance and Renewal of License.
(a) The department shall issue a license if, after inspection
and investigation, it finds that the applicant and the personal
care facility meet the requirements of this chapter and the
standards adopted under this chapter.
(b) To renew a license, the license holder must submit to the
department the annual license renewal fee.
(c) The board may require participation in a continuing
education program as a condition of renewal of a license. The
board shall adopt rules to implement this subsection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Sec. 247.024. Fees; Disposition of Revenue.
(a) The board shall set license fees imposed by this chapter in
amounts reasonable and necessary to defray the cost of
administering this chapter, but not to exceed:
(1) $300 for a personal care facility that has not more than
10 beds;
(2) $350 for a personal care facility that has not less than
11 or more than 20 beds; and
(3) $400 for a personal care facility that has 21 or more
beds.
(b) All fees or penalties collected under this chapter shall be
deposited in the state treasury to the credit of the general
revenue fund and shall be appropriated to the department only to
administer and enforce this chapter.
(c) Investigation fees or attorney's fees may not be assessed
against or collected from a personal care facility by or on
behalf of the department or another state agency unless the
department or other state agency assesses and collects a penalty
authorized by this chapter from the facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 416, Sec. 1, eff. Sept. 1,
1997.
Sec. 247.025. Adoption of Rules.
The board shall adopt rules necessary to implement this
chapter, including requirements for the issuance, renewal,
denial, suspension, and revocation of a license to operate a
personal care facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept.
1, 1991.
Sec. 247.026. Standards .
(a) The board by rule shall prescribe minimum standards to
protect the health and safety of a personal care facility
resident.
(b) The standards must:
(1) clearly differentiate a personal care facility from an
institution required to be licensed under Chapter 242;
(2) ensure quality care and protection of the residents'
health and safety without excessive cost; and
(3) require a personal care facility to use its license
number in all advertisements, solicitations, and promotional
materials.
(c) The board may prescribe different levels of minimum
standards for personal care facilities according to the number of
residents, the type of residents, the level of personal care
provided, and other distinctions the board considers relevant.
(d) Local health and safety standards adopted by the
municipality in which a personal care facility is located do not
apply to the facility unless the standards specifically state
that they apply to personal care facilities.
(e) The board by rule shall prescribe minimum standards
requiring appropriate training in geriatric care for each
individual who provides services to geriatric residents as an
employee of a personal care facility and who holds a license or
certificate issued by an agency of this state that authorizes the
person to provide the services. The minimum standards may
require that each licensed or certified individual complete an
appropriate program of continuing education or in-service
training, as determined by board rule, on a schedule determined
by board rule.
(f) Any individual otherwise qualified, who has been employed
by a licensed personal care facility for at least 90 days, shall
be eligible to be certified as a medication aide following
completion of the required course of study and successful
completion of any required examination.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 542, Sec. 1, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 583, Sec. 2, eff. Aug. 28, 1995;
Acts 1997, 75th Leg., ch. 165, Sec. 31.01(57), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 416, Sec. 2, eff. Sept. 1, 1997.
Sec. 247.027. Inspections.
In addition to the inspection required under Section
247.023(a), the department may inspect a personal care facility
at reasonable times as necessary to assure compliance with this
chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Sec. 247.028. Assistance by Department.
The department may provide assistance to a personal care
facility, including the provision of training materials, the
coordination of training conferences and workshops with other
state agencies, and the development of a provider's handbook
explaining personal care facility rules.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Sec. 247.029. Facilities for Persons With Alzheimer's Disease.
Text of section as added by Acts 1997, 75th Leg., ch. 444, Sec. 1
(a) The board by rule shall establish a classification and
license for a facility that advertises, markets, or otherwise
promotes that the facility provides personal care services to
residents who have Alzheimer's disease or related disorders. A
facility is not required to be classified under this section to
provide care or treatment to residents who have Alzheimer's
disease or related disorders.
(b) The board shall adopt minimum standards for a personal care
facility classified under this section.
Added by Acts 1997, 75th Leg., ch. 444, Sec. 1, eff. Sept. 1,
1997.
For text of section as added by Acts 1997, 75th Leg., ch. 1088,
Sec. 2, see Sec. 247.029, post.
Sec. 247.029. Municipal Enforcement.
Text of section as added by Acts 1997, 75th Leg., ch. 1088, Sec.
2
The governing body of a municipality by ordinance may:
(1) prohibit a person who does not hold a license issued
under this chapter from establishing or operating a personal
care facility within the municipality; and
(2) establish a procedure for emergency closure of a
facility in circumstances in which:
(A) the facility is established or operating in
violation of Section 247.021; and
(B) the continued operation of the facility creates an
immediate threat to the health and safety of a resident of
the facility.
Added by Acts 1997, 75th Leg., ch. 1088, Sec. 2, eff. Sept. 1,
1997.
For text of section as added by Acts 1997, 75th Leg., ch. 444,
Sec. 1, see Sec. 247.029, ante.
SUBCHAPTER C. GENERAL ENFORCEMENT
Sec. 247.041. Denial, Suspension, or Revocation of License.
(a) The department may deny, suspend, or revoke a license for a
violation of this chapter or a rule adopted under this chapter.
(b) The denial, suspension, or revocation of a license by the
department and the appeal from that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept.
1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995.
Sec. 247.042. Emergency Suspension or Closing Order.
(a) If the department finds a personal care facility operating
in violation of the standards prescribed under this chapter and
the violations create an immediate threat to the health and
safety of a resident in the facility, the department shall
suspend the license or order immediate closing of all or part of
the facility.
(b) The order suspending a license under Subsection (a) is
effective immediately on written notice to the license holder or
on the date specified in the order.
(c) The order suspending the license and ordering closure of
all or part of a personal care facility is valid for 10 days
after its effective date.
(d) The department shall provide for the relocation of
residents of a personal care facility that is closed. The
relocation may not be to a facility with a more restrictive
environment unless all other reasonable alternatives are
exhausted. Relocation procedures shall be adopted as part of the
memorandum of understanding adopted under Section 247.062.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 14, Sec.
114, eff. Sept. 1, 1991.
Sec. 247.043. Investigation of Abuse, Exploitation, or Neglect.
(a) The department shall conduct a preliminary investigation of
each allegation of abuse, exploitation, or neglect of a resident
of a personal care facility to determine if there is evidence to
corroborate the allegation. If the department determines that
there is evidence to corroborate the allegation, the department
shall conduct a thorough investigation of the allegation.
(b) If the thorough investigation reveals that abuse,
exploitation, or neglect has occurred, the department shall
implement enforcement measures, including closing the facility,
revoking the facility's license, relocating residents, and making
referrals to law enforcement agencies.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Sec. 247.044. Injunction.
(a) The department may petition a district court for a
temporary restraining order to restrain a continuing violation of
the standards or licensing requirements provided under this
chapter if the department finds that:
(1) the violation creates an immediate threat to the health
and safety of the personal care facility residents; or
(2) the facility is operating without a license.
(b) A district court, on petition of the department and on a
finding by the court that a person is violating the standards or
licensing requirements provided under this chapter, may by
injunction:
(1) prohibit a person from continuing a violation of the
standards or licensing requirements provided under this
chapter;
(2) restrain the establishment or operation of a personal
care facility without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the
facts.
(c) The department may petition a district court for a
temporary restraining order to inspect a facility allegedly
required to be licensed and operating without a license when
admission to the facility cannot be obtained. If it is shown
that admission to the facility cannot be obtained, the court
shall order the facility to allow the department admission to the
facility.
(d) The attorney general or local prosecuting attorney may
institute and conduct a suit authorized by this section at the
request of the department.
(e) Venue for a suit brought under this section is in the
county in which the personal care facility is located or in
Travis County.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Renumbered from 247.043 and amended by Acts 1991, 72nd
Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 416, Sec. 3, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1088, Sec. 3, eff. Sept. 1, 1997.
Sec. 247.045. Civil Penalties.
(a) Except as provided by Subsection (b), a person who violates
this chapter or who fails to comply with a rule adopted under
this chapter and whose violation is determined by the department
to threaten the health and safety of a resident of a personal
care facility is subject to a civil penalty of not less than $100
nor more than $10,000 for each act of violation. Each day of a
continuing violation constitutes a separate ground of recovery.
Text of subsec. (b) as added by Acts 1997, 75th Leg., ch. 416,
Sec. 4
(b) A person is subject to a civil penalty if the person:
(1) is in violation of Section 247.021; or
(2) has been determined to be in violation of Section
247.021 and violates any other provision of this chapter or
fails to comply with a rule adopted under this chapter.
Text of subsec. (b) as added by Acts 1997, 75th Leg., ch. 1088,
Sec. 4
(b) A person who does not possess a license for a personal care
facility as required by Section 247.021 is subject to a civil
penalty of not less than $1,000 nor more than $10,000 for each
act of violation. Each day of a continuing violation constitutes
a separate ground for recovery.
Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 416,
Sec. 4
(c) The amount of a civil penalty under Subsection (b) may not
be less than $1,000 or more than $10,000 for each act of
violation. Each day of a continuing violation constitutes a
separate ground of recovery.
Text of subsec. (c) as added by Acts 1997, 75th Leg., ch. 1088,
Sec. 4
(c) If the attorney general fails to take action within 30 days
of referral from the department, the department shall refer the
case to the local district attorney, county attorney, or city
attorney. The district attorney, county attorney, or city
attorney shall file suit in a district court to collect and
retain the penalty.
(d) Investigation and attorney's fees may not be assessed or
collected by or on behalf of the department or other state agency
unless the department or other state agency assesses and collects
a penalty described under this chapter.
(e) The department and attorney general, or other legal
representative as described in Subsection (c), shall work in
close cooperation throughout any legal proceedings requested by
the department.
(f) The commissioner of human services must approve any
settlement agreement to a suit brought under this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Renumbered from Sec. 247.044 and amended by Acts 1991,
72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 416, Sec. 4, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1088, Sec. 4, eff. Sept. 1, 1997.
Sec. 247.046. Cooperation Among Agencies.
The board, the Department of Protective and Regulatory
Services, and the attorney general shall adopt by rule a
memorandum of understanding that:
(1) defines each agency's responsibilities concerning
personal care facilities and coordinates each agency's
activities;
(2) details coordinated procedures to be used by each agency
in responding to complaints relating to neglect or abuse of
residents of facilities, to substandard facilities, and to
unlicensed facilities;
(3) identifies enforcement needs each agency may have in
order to perform its duties under the memorandum of
understanding, including any need for access to information or
to facilities under investigation or operating under a plan of
correction; and
(4) provides a plan for correcting violations in substandard
or unlicensed personal care facilities that specifies the
conditions under which it is appropriate to impose such a plan
and that outlines a schedule of implementation for the plan.
Added by Acts 1991, 72nd Leg., ch. 349, Sec. 1, eff. June 5,
1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.093, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 416, Sec. 5, eff. Sept. 1,
1997.
Sec. 247.046. Transition.
Text of Sec. 247.046 as renumbered from Sec. 247.045 by Acts
1991, 72nd Leg., ch. 637, art. 2, Sec. 1
The department shall grant to a personal care facility licensed
on or before December 31, 1990, under Chapter 242 a temporary
permit to continue operation until the department performs any
inspection or investigation required by this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Renumbered from Sec. 247.045 by Acts 1991, 72nd Leg., ch.
637, art. 2, Sec. 1, eff. Sept. 1, 1991.
For text of Sec. 247.046 as added by Acts 1991, 72nd Leg., ch.
349, Sec. 1, see Sec. 247.046, ante
SUBCHAPTER D. ADVISORY COMMITTEE ON PERSONAL CARE FACILITIES
Sec. 247.051. Advisory Committee.
(a) The Advisory Committee on Personal Care Facilities consists
of nine members appointed by the board. The commissioner of
human services shall appoint one staff member from the department
to serve as a nonvoting advisory member.
(b) The board shall appoint the advisory committee to provide for
a balanced representation of personal care providers and
consumers and shall appoint one member who has expertise in life
safety code regulations. At least one of the provider members
must be representative of a nonprofit facility, and at least one
member must be a family member of a resident of a facility.
(c) The committee shall elect the presiding officer from among
its members.
(d) The committee shall advise the department on standards for
licensing personal care facilities and on the implementation of
this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1,
eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.094, eff. Sept.
1, 1995.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
Sec. 247.061. Pilot Program: Office of Personal Care Facility Ombudsman.
(a) The Texas Department on Aging, under its office of long-term
care ombudsman, shall establish and operate a pilot program
providing a personal care facility ombudsman in one or more
counties.
(b) The department may operate the office directly or by contract
or memorandum of agreement with a public agency or other
appropriate private nonprofit organization, including an
organization for family members of persons with mental illness or
an advocacy group concerning mental health, disabilities, or
senior citizens.
(c) The pilot program shall recruit volunteers and citizen
organizations to participate in the ombudsman program.
(d) The office shall provide training to ombudsmen, including
training in mental illness and special needs of the elderly or
disabled.
(e) An ombudsman in the pilot program may not make
investigations.
(f) The Texas Department on Aging and the department shall
cooperate in developing guidelines for the pilot program.
(g) Expired.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Sec. 247.062. Coordination Between Agencies.
(a) The department and the attorney general shall adopt by rule
a memorandum of understanding that:
(1) defines each agency's responsibilities concerning
personal care facilities;
(2) outlines and coordinates procedures to be used by those
agencies in responding to complaints concerning personal care
facilities; and
(3) provides a plan for correcting violations or
deficiencies in personal care facilities.
(b) The department shall prepare the initial draft of the
memorandum of understanding and shall facilitate and ensure its
adoption.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.095, eff. Sept.
1, 1995.
Sec. 247.063. Directory of Personal Care Facilities; Consumers' Guide.
(a) The department shall prepare a directory of personal care
facilities that includes the name of the owner, the address and
telephone number of the facility, the number of beds in the
facility, and the facility's accessibility to disabled persons.
(b) The department shall revise the directory annually and
shall make it available to the public.
(c) The department shall prepare a consumers' guide to personal
care facilities and make it available to the public. The
consumers' guide shall provide information on licensing
requirements for personal care facilities, a brief description of
minimum standards for facilities, a copy of the residents' bill
of rights, a copy of the providers' bill of rights, and any other
information that the department determines may be useful to the
public.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Sec. 247.064. Referrals.
(a) If the Texas Department of Mental Health and Mental
Retardation or a local mental health or mental retardation
authority refers a patient or client to a personal care facility,
the referral may not be made to a personal care facility that is
not licensed under this chapter.
(b) If the Texas Department of Mental Health and Mental
Retardation or a local mental health or mental retardation
authority gains knowledge of a personal care facility that is not
operated or licensed by the Texas Department of Mental Health and
Mental Retardation, the authority, or the Texas Department of
Human Services and that has four or more residents who are
unrelated to the proprietor of the facility, the Texas Department
of Mental Health and Mental Retardation or the authority shall
report the name, address, and telephone number of the facility to
the Texas Department of Human Services.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.096, eff. Sept.
1, 1995.
Sec. 247.065. Residents' Bill of Rights.
(a) Each personal care facility shall post a residents' bill of
rights in a prominent place in the facility.
(b) The residents' bill of rights must provide that each
resident in the personal care facility has the right to:
(1) manage the resident's financial affairs;
(2) determine the resident's dress, hair style, or other
personal effects according to individual preference, except
that the resident has the responsibility to maintain personal
hygiene;
(3) retain and use personal property in the resident's
immediate living quarters and to have an individual locked
cabinet in which to keep personal property;
(4) receive and send unopened mail;
(5) unaccompanied access to a telephone at a reasonable hour
or in case of an emergency or personal crisis;
(6) privacy;
(7) unrestricted communication, including personal
visitation with any person of the resident's choice, at any
reasonable hour, including family members and representatives
of advocacy groups and community service organizations;
(8) make contacts with the community and to achieve the
highest level of independence, autonomy, and interaction with
the community of which the resident is capable;
(9) present grievances on behalf of the resident or others
to the operator, state agencies, or other persons without
threat of reprisal in any manner;
(10) a safe and decent living environment and considerate
and respectful care that recognizes the dignity and
individuality of the resident;
(11) refuse to perform services for the facility, except as
contracted for by the resident and operator;
(12) practice the religion of the resident's choice;
(13) leave the facility temporarily or permanently, subject
to contractual or financial obligations; and
(14) not be deprived of any constitutional, civil, or legal
right solely by reason of residence in a personal care
facility.
(c) The residents' bill of rights must be written in the
primary language of each resident of the facility and must also
provide the toll-free telephone number of the department for
reporting abuse or neglect.
(d) The rights provided under this section do not take
precedence over health and safety rights of other residents of
the facility.
(e) The department shall develop a residents' bill of rights in
accordance with this section and provide a copy to each facility.
The copy shall be written in the primary language of each
resident of the facility.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991.
Sec. 247.066. Providers' Bill of Rights.
(a) Each personal care facility shall post a providers' bill of
rights in a prominent place in the facility.
(b) The providers' bill of rights must provide that a provider
of personal care services has the right to:
(1) be shown consideration and respect that recognizes the
dignity and individuality of the provider and personal care
facility;
(2) terminate a resident's contract for just cause after a
written 30-day notice;
(3) terminate a contract immediately, after notice to the
department, if the provider finds that a resident creates a
serious or immediate threat to the health, safety, or welfare
of other residents of the personal care facility;
(4) present grievances, file complaints, or provide
information to state agencies or other persons without threat
of reprisal or retaliation;
(5) refuse to perform services for the resident or the
resident's family other than those contracted for by the
resident and the provider;
(6) contract with the community to achieve the highest level
of independence, autonomy, interaction, and services to
residents;
(7) access to patient information concerning a client
referred to the facility, which must remain confidential as
provided by law;
(8) refuse a person referred to the facility if the referral
is inappropriate;
(9) maintain an environment free of weapons and drugs; and
(10) be made aware of a resident's problems, including
self-abuse, violent behavior, alcoholism, or drug abuse.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff.
Sept. 1, 1991