Sec. 244.011.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for:
(1)  a violation of this chapter or a rule adopted under this chapter;  or
(2)  a history of continuing noncompliance with this chapter or the rules 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.
(c)  If the department finds that a birthing center is in repeated noncompliance under Subsection (a) but that the noncompliance does not endanger public health and safety, the department may schedule the center for probation rather than suspending or revoking the center's license.  The department shall provide notice to the center of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the center will remain under probation.  During the probation period, the center must correct the items that were in noncompliance and report the corrections to the department for approval.
(d)  The department may suspend or revoke the license of a birthing center that does not correct items that were in noncompliance or that does not comply with the applicable requirements within the applicable probation period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1265, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 802, Sec. 5, 6, eff. June 20, 2003.