The Texas Health and Human Services Commission (HHSC) may impose a sanction listed in §555.57 of this subchapter (relating to Schedule of Sanctions) against a licensee on proof of any of the following grounds:

1. (1) the licensee willfully or repeatedly violated a provision of Texas Health and Safety Code, Chapter 242, or a rule in this chapter;
2. (2) the licensee willfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a nursing facility of which the licensee is a nursing facility administrator (NFA);
3. (3) the licensee obtained or attempted to obtain a license through misrepresentation or deceit or by making a material misstatement of fact on a license application;
4. (4) the licensee's use of alcohol or drugs creates a hazard to the residents of a facility;
5. (5) a judgment of a court of competent jurisdiction finds that the licensee lacks capacity under the laws of Texas;
6. (6) the licensee has been convicted in a court of competent jurisdiction of an offense listed in §555.41(a) of this chapter (relating to Licensure of Persons with Criminal Backgrounds);
7. (7) the licensee has been negligent or incompetent in the licensee's duties as an NFA;
8. (8) the licensee had an NFA license revoked in another jurisdiction; or
9. (9) the licensee did not comply with the terms of a sanction or settlement agreement with HHSC.

Source Note:The provisions of this §555.54 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective February 15, 2017, 42 TexReg 569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791; amended to be effective September 18, 2024, 49 TexReg 7339.