Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 133. Hospital Licensing.
Standards
25 TAC sec.133.21
The Texas Department of Health (department) adopts on an emergency basis an 
amendment to sec.133.21 concerning hospital licensing standards (standards) 
which the section adopts by reference. The amendment is to the emergency 
amendment to sec.133.21 which was published in the January 7, 1992, issue of the 
Texas Register (17 TexReg 88) and which was renewed for a 60-day period in the 
April 21, 1992, issue of the Texas Register  (17 TexReg 2840).
The amendment modifies Chapter 12 of the standards relating to special licensing 
standards governing the provisions of mental health services in hospitals. 
Specifically, the amendment modifies the definition of "hospital" in sec.12-3.7 
in Chapter 12 by including special hospitals in the definition, thereby covering 
all hospitals licensed by the department. The Texas Hospital Licensing Law, 
Health and Safety Code, Chapter 241, allows for the licensing of both general 
and special hospitals. Because both general and special hospitals may have an 
identifiable unit for the provision of mental health services, the department 
believes the rule should apply to special hospitals which provide mental health 
services.
The amendment is adopted on an emergency basis in order to address abuses 
recently identified in widespread public allegations of violations of state law 
and patient rights in private general and special psychiatric hospitals. 
Accordingly, it is imperative that the department adopt as soon as possible this 
amendment to include special hospitals along with general hospitals in the 
definition of "hospitals".
The amendment is adopted on an emergency basis under the Health and Safety Code, 
sec.241.027, which provides the Texas Board of Health (board) with authority to 
adopt rules to establish and enforce minimum standards for the licensing of 
hospitals; sec.12.001 which provides the board with authority to adopt rules for 
the performance of every duty imposed by law upon the board, the department, and 
the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, 
which provides the board with authority to adopt rules on an emergency basis.
sec.133.21. Adoption by Reference.
(a) The Texas Department of Health adopts by reference the rules contained in 
the department publication effective September 1, 1985, entitled "Hospital 
Licensing Standards," as amended through June 1992.
(b) (No change.)
Issued in Austin, Texas, on May 18, 1992.
TRD-9206775
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: May 18, 1992
Expiration date: September 15, 1992
For further information, please call: (512) 834-6650