Most Common Violations Found During Inspections of Facilities
1. Failed to prominently display consumer complaint notice sign in facility
16 TAC 114.29(f)(5); 16 TAC 114.70(d) . All licensees, registrants and accredited facilities, excluding facilities that a licensee visits to treat patients, such as hospitals, nursing homes or patients' homes, shall prominently display a consumer complaint notice or sign in a waiting room or other area where it shall be visible to all patients. Lettering shall be at least one-fourth inch, or font size 30, in height, with contrasting background, containing the department's name, website, mailing address, and telephone number for the purpose of directing complaints to the department regarding a person or facility regulated or requiring regulation under the Act. Script or calligraphy prints are not allowed. The notice shall be worded as specified by the department.
2. Failed to prominently display the license certificates of practitioners in facility available for public inspection
16 TAC 114.29(f)(8) . An accredited facility must display the license certificates of its practitioners in a prominent location in the facility where they are available for inspection by the public.
3. Failed to maintain facility machine use training records documenting staff training for each machine
16 TAC 114.29(m)(2) . Proper machine use training shall be provided to staff. The facility shall maintain records documenting training, listing the name of the staff person and the date of training for each machine.
4. Failed to have one person designated facility safety manager to develop, carry out and monitor the facility safety program
16 TAC 114.29(e)(3); 16 TAC 114.29(m)(6) . An accredited facility must designate at least one person as the safety manager. The safety manager shall develop, carry out, and monitor the safety program for the accredited facility. To change the designation of the safety manager(s), the facility shall notify the department in writing of the name and license number of the safety manager(s), if any, and the effective date of the change within thirty (30) days after the change is effective. The written notice shall be accompanied by the appropriate fee.
5. Failed to have safety equipment, including safety glasses or goggles and dust masks for persons working in facility
16 TAC 114.29(m)(1) . Safety equipment, including safety glasses or goggles and dust masks, shall be available to persons working in an accredited facility.
6. Failed to prominently display facility accreditation certificate in facility available for public inspection
16 TAC 114.29(f)(3) . An accredited facility must display the accreditation certificate in a prominent location in the facility where it is available for inspection by the public.
7. Failed to notify Department of change in the accredited facility designation of the on-site practitioner(s) in charge name and license number within 30 days after the change
16 TAC 114.29(e)(1)(C) 16 TAC 114.70(b) . To change the designation of the on-site practitioner(s) in charge, the facility shall notify the department in writing of the name and license number of the new on-site practitioner(s) and the effective date of the change within thirty (30) days after the change is effective. The written notice shall be accompanied by the appropriate fee.
8. Failed to display a visible sign with facility hours of operation and, when appropriate, information regarding temporary closures
16 TAC 114.29(f)(9) . An accredited facility must display a visible sign with its hours of operation, including: (A) hours of normal business operation, and when appropriate; (B) information regarding temporary closure, including holidays, or for periods during business hours, including specific dates and times of the closure and emergency contact information.
9. Displayed or carried a copy of a license instead of the original
16 TAC 114.21(e)(3) . No person shall display or carry a copy of a license instead of the original document.
10. Failed to publicly display the license certificate in the primary place of employment
16 TAC 114.21(e)(1). The license shall be displayed in the primary office or place of employment of the licensee.
