22 Tex. Admin. Code § 107.206 - Public Actions of the Board
(a)
Purpose. The purpose of this section is to outline the Board's disciplinary and
non-disciplinary actions issued under Chapter 263 of the Texas Occupations
Code.
(b) Definitions. In this rule
section, the following terms shall apply:
(1)
"Administrative Fine" is a monetary fine assessed pursuant to Texas Occupations
Code §
263.002(a)
in connection with the issuance of a disciplinary action by the Board that is
not an administrative penalty. Administrative fines shall not be assessed when
issuing a Remedial Plan. The Board shall not assess an administrative fine
without the issuance of a Warning, Reprimand, Probated Suspension, or Enforced
Suspension.
(2) "Administrative
Penalty" is a monetary penalty assessed as a disciplinary action pursuant to
Texas Occupations Code §
263.002(a).
An administrative penalty is a public disciplinary action of the Board. An
administrative penalty shall not be issued in conjunction with the issuance of
a Warning, Reprimand, Probated Suspension, Enforced Suspension, or Remedial
Plan. An administrative penalty that is issued subject to an agreement between
the parties during informal settlement shall be referred to as an "agreed
administrative penalty."
(3)
"License" means a license, certificate, or registration that is issued by the
Board.
(4) "Licensee" means a
person who holds a license, certificate, or registration that is issued by the
Board.
(c) Public
Actions. The Board shall utilize the public actions identified in this
subsection to resolve the investigation of a complaint against a Licensee. The
public actions of the Board listed in subsection (c)(1) through (c)(7) of this
section are listed in order of increasing severity. These public actions shall
be imposed by agreed settlement or final order of the Board against the License
held by the Licensee. Nothing in this rule section shall be construed to
prohibit or restrict the Board from dismissing a complaint or imposing an
injunction or cease and desist order under Chapter 264, Subchapter B, of the
Texas Occupations Code, where appropriate.
(1)
Remedial Plan. The Board may issue a non-disciplinary Remedial Plan pursuant to
Texas Occupations Code §
263.0077 and Board
rule in §
107.204 of this title (relating to
Remedial Plans).
(2) Administrative
Penalty. The Board may issue an Administrative Penalty pursuant to the
procedures of Chapter 264, Subchapter A of the Texas Occupations Code, and
Board rule in §
107.201 of this title (relating to
Procedures for Assessment of Administrative Penalties in Informal Complaint
Resolution). An administrative penalty is a disciplinary action.
(3) Warning. A Warning is a disciplinary
action and may be accompanied by the imposition of an Administrative
Fine.
(4) Reprimand. A Reprimand is
a disciplinary action and may be accompanied by the imposition of an
Administrative Fine.
(5) Probated
Suspension. A Probated Suspension is a heightened level of disciplinary action
issued for a period of years as identified in the Board's order; however, a
Licensee under a Probated Suspension may continue to practice. A Probated
Suspension may be accompanied by the imposition of an Administrative
Fine.
(6) Enforced Suspension. An
Enforced Suspension is a heightened level of disciplinary action. An Enforced
Suspension may be issued for a period of days or years as identified in the
Board's order. A Licensee may not practice while under an Enforced Suspension.
An Enforced Suspension may be accompanied by the imposition of an
Administrative Fine.
(7)
Revocation. Revocation is the highest level of disciplinary action taken by the
Board. After the Board imposes an order of Revocation upon a Licensee, the
Licensee must cease the practice authorized under the License that has been
revoked. A person whose License has been revoked by Board order must apply for
the issuance of a new License pursuant to Board
requirements.
(d)
Imposition of Conditions and Restrictions on Practice. The Board may impose
other conditions or restrictions on the practice of a Licensee through an
agreed order between the Board and the Licensee resulting in a disciplinary
action, or through a final order of disciplinary action issued by the Board
after a contested case hearing at the State Office of Administrative Hearings.
These conditions may include, but are not limited to, surrender, suspension, or
revocation of a Licensee's sedation/anesthesia permits or other authorizations
issued by the Board.
(e)
Restitution. The Board may order a Licensee to pay restitution to a patient as
provided in an agreed settlement or final order of the Board, instead of or in
addition to any administrative fine or administrative penalty. The Board may
reduce the amount assessed as an administrative fine or administrative penalty
upon a showing that the Licensee has paid, or by agreed settlement will pay, an
amount of restitution to the patient. The amount of restitution ordered may not
exceed the amount the patient paid to the Licensee for the service or services
from which the complaint arose. The Board shall not require payment of other
damages or make an estimation of harm in any order for restitution.
Notes
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