Texas Occupations Code - Section 206.351. Administrative Penalty
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Texas Laws > Occupations Code > Texas Occupations Code - Section 206.351. Administrative Penalty
Section: 206.309 206.310 206.311 206.312 206.313 206.314 206.315 206.351 251.001 251.002 251.003 251.004 251.005 252.001 252.002
§ 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
(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
(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