Tex.
Occ. Code Section 206.351
Administrative Penalty
(a)
The medical board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.(b)
The penalty may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(c)
The medical board shall base the amount of the penalty on:(1)
the severity of patient harm;(2)
the severity of economic harm to any person;(3)
the severity of any environmental harm;(4)
the increased potential for harm to the public;(5)
any attempted concealment of misconduct;(6)
any premeditated or intentional misconduct;(7)
the motive for the violation;(8)
any prior misconduct of a similar or related nature;(9)
the license holder’s disciplinary history;(10)
any prior written warnings or written admonishments from any government agency or official regarding statutes or rules relating to the misconduct;(11)
whether the violation is of a board order;(12)
the person’s failure to implement remedial measures to correct or mitigate harm from the misconduct;(13)
the person’s lack of rehabilitative potential or likelihood of future misconduct of a similar nature;(14)
any relevant circumstances increasing the seriousness of the misconduct; and(15)
any other matter that justice may require.(d)
The medical board by rule shall prescribe the procedures by which it may impose an administrative penalty. A proceeding under this section is subject to Chapter 2001 (Administrative Procedure), Government Code.(e)
If the medical board by order determines that a violation has occurred and imposes an administrative penalty, the medical board shall give notice to the person of the order. The notice must include a statement of the person’s right to judicial review of the order.
Source:
Section 206.351 — Administrative Penalty, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.206.htm#206.351 (accessed Jun. 5, 2024).
