Tex. Occ. Code Section 162.107
Requests for Inspection and Advisory Opinion

(a)

The board may consider a request by a physician for an on-site inspection. The board, on payment of a fee established by the board, may conduct the inspection and issue an advisory opinion.

(b)

An advisory opinion issued by the board under this section is not binding on the board. Except as provided by Subsection (c), the board may take any action under this subtitle relating to the situation addressed by the advisory opinion that the board considers appropriate.

(c)

A physician who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative penalty or assess a civil penalty under this subtitle. On receipt of proof of reliance on an advisory opinion, the board or court, as appropriate, shall consider the reliance and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.

Source: Section 162.107 — Requests for Inspection and Advisory Opinion, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­162.­htm#162.­107 (accessed Jun. 5, 2024).

162.001
Certification by Board 162.002
Limitation on Physician Fees 162.003
Refusal to Certify 162.004
Procedures for and Disposition of Complaints Against Certain Health Organizations 162.005
Anti-retaliation Policy 162.006
Biennial Report Required for Certain Health Organizations 162.0021
Interference with Physician’s Professional Judgment Prohibited 162.0022
Health Organization Policies 162.0023
Disciplinary Action Restriction 162.0024
Contractual Waiver Prohibited 162.051
Authority to Form Certain Jointly Owned Entities 162.053
Jointly Owned Entities with Physician Assistants 162.101
Definition 162.102
Rules 162.103
Applicability 162.104
Registration Required 162.105
Compliance with Anesthesia Rules 162.106
Inspections 162.107
Requests for Inspection and Advisory Opinion 162.151
Definitions 162.152
Associations 162.153
Standardized Credentials Verification Program 162.154
Furnishing of Data to Health Care Entity 162.155
Review of Data by Physician 162.156
Data Duplication Prohibited 162.157
Immunity 162.158
Rules 162.159
Confidentiality 162.160
Use of Independent Contractor 162.161
Fees 162.162
Gifts, Grants, and Donations 162.201
Employment of Physician Permitted 162.202
Committee Established by School 162.203
Certification of School by Board 162.204
Biennial Report 162.205
Suspension or Revocation of Certification 162.206
Limitation on School’s Authority 162.207
Application of Subchapter 162.251
Definitions 162.252
Applicability of Subchapter 162.253
Direct Primary Care Not Insurance 162.254
Billing Insurer or Health Maintenance Organization Prohibited 162.255
Interference Prohibited 162.256
Required Disclosure
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Accessed:
Jun. 5, 2024

§ 162.107’s source at texas​.gov