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Texas Occupations Code - Section 206.351. Administrative Penalty

Legal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Section 206.351. Administrative Penalty

§ 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, 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.

Added by Acts 2001, 77th Leg., ch. 1014, § 1, eff. Sept. 1, 2001.          

Last modified: August 11, 2007