SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec. 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 on:
(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 nature;
(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, Sec. 1, eff. Sept. 1, 2001.