Texas Occupations Code Title 3, Chapter 165 - Penalties

SUBCHAPTER A ADMINISTRATIVE PENALTIES

• Texas Section 165.001 - Imposition Of Administrative Penalty
  The board by order may impose an administrative penalty against a person licensed or regulated under this subtitle who violates this subtitle or a rule...
• Texas Section 165.002 - Procedure
  (a) The board by rule shall prescribe the procedure by which it may impose an administrative penalty. (b) A proceeding under this subchapter is subject...
• Texas Section 165.003 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation...
• Texas Section 165.004 - Notice Of Violation And Penalty
  (a) If the board by order determines that a violation has occurred and imposes an administrative penalty, the board shall notify the affected person of...
• Texas Section 165.005 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order imposing the administrative penalty is final, the person shall: (1) pay the...
• Texas Section 165.006 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter...
• Texas Section 165.007 - Determination By Court
  (a) If on appeal the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty...

SUBCHAPTER B INJUNCTIVE RELIEF AND OTHER ENFORCEMENT PROVISIONS

• Texas Section 165.008 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1)...
• Texas Section 165.051 - Injunction Authority
  In addition to any other action authorized by law, the board may institute an action in its own name to enjoin a violation of this...

SUBCHAPTER C CIVIL PENALTIES

• Texas Section 165.052 - Cease And Desist Order
  (a) If it appears to the board that a person who is not licensed under this subtitle is violating this subtitle, a rule adopted under...
• Texas Section 165.101 - Civil Penalty
  (a) If it appears that a person is in violation of or is threatening to violate this subtitle or a rule or order adopted by...
• Texas Section 165.102 - Limitation On Civil Penalty
  The attorney general may not institute an action for a civil penalty against a person described by Section 151.053 or 151.054 if the person is...

SUBCHAPTER D CRIMINAL PENALTIES

• Texas Section 165.103 - Recovery Of Expenses By Attorney General; Deposit
  (a) The attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this subchapter, including: (1) court costs; (2) reasonable attorney's fees;...
• Texas Section 165.151 - General Criminal Penalty
  (a) A person commits an offense if the person violates this subtitle or a rule of the board. (b) If another penalty is not specified...
• Texas Section 165.152 - Practicing Medicine In Violation Of Subtitle
  (a) A person commits an offense if the person practices medicine in this state in violation of this subtitle. (b) Each day a violation continues...
• Texas Section 165.153 - Criminal Penalties For Additional Harm
  (a) A person commits an offense if the person practices medicine without a license or permit and causes another person: (1) physical or psychological harm;...
• Texas Section 165.1535 - Performing Surgery While Intoxicated
  (a) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. (b) A person commits an offense if the person is licensed...
• Texas Section 165.154 - Tampering With Governmental Record; Perjury Offenses
  (a) A person commits an offense if the person makes a false statement: (1) in the person's application for a license; or (2) under oath...
• Texas Section 165.155 - Solicitation Of Patients; Penalty
  (a) A physician commits an offense if the physician employs or agrees to employ, pays or promises to pay, or rewards or promises to reward...
• Texas Section 165.156 - Misrepresentation Regarding Entitlement To Practice Medicine
  A person, partnership, trust, association, or corporation commits an offense if the person, partnership, trust, association, or corporation, through the use of any letters, words,...
• Texas Section 165.157 - Duty To Assist In Certain Prosecutions
  (a) The board and the board's employees shall assist the local prosecuting officers of each county in the enforcement of: (1) state laws prohibiting the...
• Texas Section 165.158 - Unauthorized Release Of Confidential Information
  (a) A person commits an offense if the person unlawfully discloses confidential information described by Section 160.006 that is possessed by the board. (b) An...
• Texas Section 165.159 - Practicing Medicine Without Registration
  (a) A person commits an offense if the person practices medicine without complying with the registration requirements imposed by this subtitle. (b) An offense under...
• Texas Section 165.160 - Effect On Criminal Prosecution
  This subtitle does not bar a criminal prosecution for a violation of this subtitle or a rule adopted under this subtitle. Acts 1999, 76th Leg.,...

Last modified: September 28, 2016