Texas Occupations Code - Section 162.107. Requests For Inspection And Advisory Opinion
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§ 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, § 14.033(a), eff. Sept.
1, 2001.
Section: 162.052 162.101 162.102 162.103 162.104 162.105 162.106 162.107 162.151 162.152 162.153 162.154 162.155 162.156 162.157
Last modified: August 10, 2007
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