HB2510

HB2510 creates two specific licensing offenses: operating an assisted living facility without its required Chapter 247 license, and providing personal assistance services to an assisted-living resident without a Chapter 142 license when the provider is required to hold one. These are separate offenses for facility operation and service provision, not a declaration that every resident’s helper needs an individual license. Final law, Sections 1–2.

Each offense is normally a Class A misdemeanor. It becomes a third-degree felony if the person has a previous conviction under that same new section. The act does not say any unrelated conviction triggers this enhancement, or that a prior conviction under one of the two sections automatically enhances the other. For an individual, the ordinary Class A range is up to one year in jail, a fine up to $4,000, or both; the ordinary third-degree range is two to ten years’ imprisonment and a possible fine up to $10,000. Those are statutory ranges, not a prediction of a particular sentence. Final law; Class A punishment; third-degree punishment.

Existing licensing definitions and exemptions still matter. Chapter 142’s exemptions include, under their stated conditions, an individual hired and paid directly by the client or family and an employee acting only for a licensed agency. Personal assistance services include routine help with daily living, not just medical treatment. Chapter 247 separately defines assisted living and contains exemptions; not every shared home or boarding arrangement is an assisted living facility. HB2510 does not repeal these boundaries or create a new license for everyone providing informal help. Service definitions; service licensing exemptions; facility definition; facility exemptions.

The act took effect September 1, 2025. It adds the two criminal sections to an existing licensing system; it does not establish assisted-living licensing for the first time or repeal existing injunction authority. It does not make injury or abuse of a resident an express element of these licensing offenses. The act does not specify a mental state, so this explanation does not label the offenses automatic, no-fault liability; general criminal-law rules remain relevant. Final law; existing facility license rule; injunction authority; general culpability rule.