Sec. 204.351.  ADMINISTRATIVE PENALTY.  (a)  The physician assistant 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 physician assistant 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)  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)  prior misconduct of a similar or related nature;
(9)  the license holder's disciplinary history;
(10)  prior written warnings or written admonishments from any government agency or official regarding statutes or regulations relating to the misconduct;
(11)  violation of a board order;
(12)  failure to implement remedial measures to correct or mitigate harm from the misconduct;
(13)  lack of rehabilitative potential or likelihood of future misconduct of a similar nature;
(14)  relevant circumstances increasing the seriousness of the misconduct;  and
(15)  any other matter that justice may require.
(d)  The physician assistant board by rule shall prescribe the procedure by which it may impose an administrative penalty.  A proceeding under this section is subject to Chapter 2001, Government Code.
(e)  If the physician assistant board by order determines that a violation has occurred and imposes an administrative penalty, the board shall give notice to the person of the board's order.  The notice must include a statement of the person's right to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.