(a) The following facilities are not required to be licensed under the Act:
  (1) an office or clinic of a licensed physician, dentist, or podiatrist;
  (2) a licensed nursing home; or
  (3) a licensed hospital.
(b) If a person or facility is uncertain about whether or not licensing under the Act is required, a written claim for exemption, including all documentation supporting the exemption claim, may be submitted to the department.
(c) The department shall evaluate the claim for exemption and notify the person or facility in writing of the proposed decision within 30 days following receipt of the claim for exemption.
(d) If the proposed decision is to grant the claim for exemption, the department shall provide written notice according to subsection (c) of this section.
(e) If the claim for exemption is proposed to be denied, the person or facility so affected shall have the right to appeal the determination to the department by written letter with the reasons supporting exemption within 10 days following receipt of the proposed denial.
(f) If the person or facility does not request an appeal as provided in subsection (e) of this section, the right to appeal is deemed to be waived and the denial of the exemption becomes final 30 days following the person or facility's receipt of the proposed denial.
(g) The person or facility shall submit a completed application and nonrefundable licensing fee to the department within 20 days following the final denial of exemption.

Source Note: The provisions of this §135.19 adopted to be effective June 18, 2009, 34 TexReg 3948