22 Tex. Admin. Code § 180.5 - Sanction Guidelines

(a) The standard sanctions outlined in this subsection provide a range from "Low Sanction" to "High Sanction."

(b) The board may impose more or less severe or restrictive sanctions, based on any aggravating or mitigating factors that are found to apply in a particular case.

(1) The following may be considered as aggravating factors:

(A) harm to one or more patients;

(B) the severity of patient harm;

(C) one or more violations that involve more than one patient;

(D) economic harm to any individual or entity and the severity of such harm;

(E) increased potential for harm to the public;

(F) attempted concealment of the act constituting a violation;

(G) intentional, premeditated, knowing, or grossly negligent act constituting a violation;

(H) prior similar violations;

(I) previous disciplinary action by the board, any government agency, peer review organization, or health care entity;

(J) violation of a board order; or

(K) other relevant circumstances increasing the seriousness of the misconduct.

(2) The following may be considered as mitigating factors:

(A) self-reported and voluntary admissions of violation(s);

(B) implementation of remedial measures to correct or mitigate harm from the violation(s);

(C) acknowledgment of wrongdoing and willingness to cooperate with the board, as evidenced by acceptance of an agreed order;

(D) rehabilitative potential;

(E) prior community service and present value to the community;

(F) participation in a continuing medical education course described in §161.35 of this title completed not more than two years before the start of the investigation, if the physician is being investigated by the board regarding the physician's selection of clinical care for the treatment of tick-borne diseases;

(G) other relevant circumstances reducing the seriousness of the misconduct; or

(H) other relevant circumstances lessening responsibility for the misconduct.

(c) The maximum sanction in all cases is revocation of the licensee's license.

(d) For remedial plans in which continuing medical education is recommended, a minimum of four hours in each appropriate topic addressing the violation(s) is the recommended hour requirement. For agreed orders in which continuing medical education is recommended, a minimum of eight hours in each appropriate topic addressing the violation(s) is the recommended hour requirement.

(e) Remedial plans will include a fee related to the enforcement costs, in the amount of $500.00.

(f) Administrative penalties may be required in the amount between $1,000.00 up to $5,000.00 per violation. In accordance with §165.003 of the Act, each day the violation continues is a separate violation.

(g) Each statutory violation constitutes a separate offense, even if arising out of a single act.

(h) For any violation of the Act that is not specifically mentioned in this rule, the board shall apply a sanction that generally follows the spirit and scheme of the sanctions outlined in this rule.

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22 Tex. Admin. Code § 180.5

Adopted by Texas Register, Volume 50, Number 02, January 10, 2025, TexReg 0376, eff. 1/9/2025