The Attorney General of Texas
FM 23, 1978
JOHN L. HILL
Attorney General
Honorable Chet Brooks, Chairman Opinion No. I-I- 12.X
Committee on Human Resources
Senate Chamber Re: Authority of members of
Austin, Texas Board of Texas Department of
Health to enter and inspect
nursing homes.
Dear Senator Brooks:
You have requested our opinion regarding the authority of individual
members of the State Board of Health to enter and inspect nursing homes.
The State Board of Health is composed of 18 members appointed by the
Governor. V.T.C.S. art. 4415a. The Board is empowered to employ a Director
of the State Department of Public Health, and to investigate the conduct of
the work of the Department. V.T.C.S. art. 4418a. The Department, as the
licensing agency charged with the duty of regulating nursing and convalescent
homes, is authorized to “make such inspections and investigations” of those
facilities “as it deems necessary.” V.T.C.S. art. 4442~.
We need not reach the issue of whether article 4442~ would permit an
individual Board member to make inspections of nursing and convalescent
homes in the absence of authorization by a majority of the Board, since
article 4420, V.T.C.S., enacted in 1909, empowers
members of the State Board of Health or any person
authorized by them, upon presentation of proper
authority in writing . . . whenever they may deem it
necessary in pursuance of their duties, to enter into,
examine, investigate, inspect and view any ground,
public building, factory, slaughter house, packing
house, abattoir, dairy, bakery, manufactory, hotel,
restaurant and m other public place and building
where they deem it proper to enter for the discovery
and suppression of disease and for the enforcement of
the rules of the sanitary code for Texas and of any
health law, sanitary law or quarantine regulation of
this State.
p. 4598
Honorable Chet Brooks - Page 2 (B-~26)
(Emphasis added). It is apparent that article 4420 uses the term “public place” to
refer to any location which is affected with 8 public interest. In our cpinion,
therefore, a member of the State Board of Health is authorized to make inspections
and investigations of nursing and convalescent homes pursuant to article 4420. See
Attorney General Opinion O-9919 (1945) (authority under article 4420 to inspz
convalescent homes).
SUMMARY
A member of the State Board of Health is authorized to
make inspections and investigations of nursing and convales-
cent homes pursuant to article 4420, V.T.C.S.
Very truly yours,
APPROVED: ‘9
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jst
p. 4599