Relating to the licensing of mental hospitals and mental health facilities and the definition of facility for the purposes of the employee misconduct registry.
Summary
HB 3560 makes two related changes to Texas health care licensing law. First, it updates the definition of “facility” in the employee misconduct registry statute to expressly include facilities licensed under Chapters 555 and 577 of the Health and Safety Code, along with other long-term care, residential, and community-based service providers already covered. This means employees and applicants connected to those newly included facilities are subject to the same misconduct-registry rules as workers in other covered settings.
Second, the bill amends the licensing application requirements for mental hospitals and mental health facilities under Chapter 577. It adds a requirement that applicants identify the person responsible for daily operations of the facility, and it clarifies that the Texas Health and Human Services Commission may require additional information, including evidence that the applicant can comply with agency rules and standards. The bill takes effect September 1, 2025.
Impact
The bill expands the reach of the employee misconduct registry by broadening the statutory definition of covered “facility,” which affects licensing and employment screening in certain health care and residential care settings. It also modestly strengthens the licensing application process for mental hospitals and mental health facilities by adding operational accountability information and confirming the commission’s authority to request further compliance-related documentation. The changes amend Sections 253.001 and 577.004 of the Health and Safety Code and apply prospectively when the act becomes effective.
Sentiment
The bill appears to have been broadly noncontroversial and received strong support. It passed the House overwhelmingly, 148-0 with one present not voting, and passed the Senate 30-1. The vote pattern suggests general agreement that the changes were administrative and regulatory in nature rather than politically divisive.
Contention
There is little evidence of substantive contention in the available record, and no committee transcript excerpts are provided. The only notable point is the Senate’s single dissenting vote, but the record does not explain the reason. Any concerns would likely have centered on the scope of the employee misconduct registry expansion or the added licensing documentation requirements for mental health facilities, though the available materials do not identify specific opponents or arguments.
Relating to the employment policies of and criminal history record information obtained by mental hospitals and mental health facilities and the prohibited employment of certain applicants based on criminal history record information.
Mental health; criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities; provide
Relating to the construction, expansion, and operation of certain inpatient mental health facilities and the designation of residential treatment facilities for certain juveniles.
In licensing of health care facilities, providing for hospital pricing transparency; providing for acquisition of health care facilities; and conferring powers to the Department of Health and Attorney General.