HB 2340

84(R) - 2015
House Public Health
House Public Health
Licensing & Administrative Procedures

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


J.D. Sheffield

Bill Caption

Relating to regulation of prescribed pediatric extended care centers; amending a provision subject to a criminal penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated. According to the Department of Aging and Disability Services, the new regulatory requirements can be handled with existing resources as the agency expects the number of providers to be small. The Health and Human Services Commission does not anticipate a significant cost to implement the provisions of the bill.

No fiscal implication to units of local government is anticipated.

Bill Analysis

Current law requires a person to hold a license issued by the Department of Aging and Rehabilitative Services (DARS) before he or she can own or operate a prescribed pediatric extended care center (PPECC) in Texas.


The bill would amend Chapter 248A of the Health and Safety Code by establishing a procedure for issuing initial, renewal, and temporary licenses. Temporary licenses would be issued, upon request, for applicants whose initial license applications are pending approval from DARS. A temporary license would authorize an applicant to provide nonresidential basic services to a maximum of six minors until the temporary license expires or terminates. In order to be granted a temporary license, the applicant would be required to meet the license application requirements of Sections 248A.052 (a) and (b) in addition to building standards and any other requirements in the department’s review process. DARS would be authorized to take enforcement action and conduct a complaint investigation and inspection against a temporary license holder if he or she fails to comply with Chapter 248 and any rules adopted under the chapter.


The bill would authorize a minor to be unaccompanied by a minor’s parent, legal guardian, or managing conservator when receiving services in the PPECC and when being transported to and from the center.  The bill would require that nursing services provided by PPECCs be a one-to-one replacement of private duty nursing or other skilled nursing services unless additional nursing services are medically necessary.

Vote Recommendation Notes

The primary objective of the legislation is to establish a provisional license issuance procedure for prescribed pediatric extended day care centers (PPECCs). Licenses are already required to own or operate a PPECC. This bill would simply allow a PPECC to provide medical, nursing, psychosocial, therapeutic, and developmental services to six minors while the initial application is pending DARS approval. Since HB 2340 neither abridges nor advances our liberty principles, we remain neutral.