| (V) proficiency testing. (iv) Chapter 180 of this title (relating to Texas Physician Health Program and Rehabilitation Orders) provides guidance on whether a licensee is eligible for and should be placed under a confidential rehabilitation order. (I) Failure to maintain adequate medical records may be either an administrative violation or a patient care violation, depending on whether a patient was harmed because of the failure. (i) Violation of: (I) Section 164.051(a)(6) of the Act - professional failure to practice medicine consistent with the public health and welfare; (II) Section 164.054 of the Act - additional requirements regarding drug records; (III) Section 164.053(a)(2) of the Act - failure to keep complete and accurate records of purchases and disposals of controlled substances and dangerous drugs, and (IV) Section 164.051(a)(3) of the Act - violation of board rules, including: (-a-) board rule §165.1(a) of this title (relating to Medical Records) - failure to maintain adequate medical records; and (-b-) board rule §170.3 of this title (relating to Authority of Physician to Prescribe for the Treatment of Pain) - prescribing guidelines for the treatment of pain. (ii) Standard Sanction: probation for 2 years under terms and conditions, including, but not limited to: (I) competency testing; (II) directed CME; (III) monitoring of practice; and (IV) administrative penalty of $2,000 per violation. (J) Quality of Care is a patient care violation. (i) Violations of: (I) Section 164.051(a)(6) of the Act - failure to practice medicine in a professional manner consistent with the public health and welfare; and (II) Section 164.051(a)(8) of the Act - repeated and meritorious medical malpractice claims. (ii) Standard Sanction: (I) The standard sanction, which shall apply in the case of a single patient with no substantial patient harm and no other aggravating or mitigating circumstances, shall be one or more of the following: (-a-) limiting the practice of the person, or excluding one or more specified activities of medicine; (-b-) proficiency testing; (-c-) directed CME; (-d-) monitoring of the practice; (-e-) public reprimand; and (-f-) administrative penalty of $3,000 per violation. (II) Standard sanction in a case involving patient harm or other aggravating factors shall be: (-a-) suspension of license for 3 years; (-b-) suspension may be probated after 90 days under terms and conditions similar to those described in subclause (I) of this clause, immediately preceding. (K) Discipline by peers may be either an administrative violation or a patient care violation, depending on the facts underlying the disciplinary action. (i) Within the meaning of §164.051(a)(7) of the Act. (ii) Standard Sanction: See the applicable standard sanction for the violation of the Texas Medical Practice Act that most closely relates to the basis of the disciplinary action by peers. In addition, the licensee shall comply with all restrictions, conditions and terms imposed by the disciplinary action by peers. (iii) Alternate Standard Sanction: (I) public reprimand; (II) comply with all restrictions, conditions and terms imposed by the disciplinary action by peers; and (III) administrative penalty of $1,000 per violation. (L) Disciplined by another state or military may be either an administrative violation or a patient care violation, depending on the facts underlying the disciplinary action. (i) Within the meaning of §164.051(a)(9) of the Act. (ii) Standard Sanction: See the applicable standard sanction for the most similar violation of the Act. In addition, the licensee shall comply with all restrictions, conditions and terms imposed by the other state or military. (iii) Alternate Standard Sanction: (I) comply with all restrictions, conditions and terms imposed by the other state or military; and (II) administrative penalty of $1,000 per violation. (iv) The standard sanction for a licensee whose license has been revoked by another state or who has voluntarily surrendered his license while an investigation or disciplinary action is pending shall be revocation of the license. (M) Improper prescribing, dispensing, or administering of drugs is a patient care violation. (i) Violation of: (I) Section 164.053(a)(3) of the Act - prescribing or dispensing drugs to a drug abuser; (II) Section 164.053(a)(5) of the Act - prescribing or administering drugs in a non therapeutic manner; and (III) Section 164.053(a)(6) of the Act - prescribing or administering drugs in a manner inconsistent with the public health and welfare. (ii) Standard Sanction: The standard sanction, which shall apply in the case of a single patient with no substantial patient harm and no other aggravating or mitigating circumstances, shall be: (I) suspension of license for 2 years. (II) suspension probated after 60 days under terms and conditions, including, but not limited to: (-a-) restrictions on practice, including prescribing, administering controlled substances and dangerous drugs; (-b-) proficiency testing; (-c-) directed CME; and (-d-) administrative penalty of $2,000 per violation. (N) Writing false or fictitious prescriptions is a patient care violation. (i) Violation of §164.053(a)(4) of the Act. (ii) Standard Sanction: (I) suspension of license for 4 years; (II) suspension probated after 90 days under terms and conditions, including, but not limited to: (-a-) restrictions on practice including restrictions on prescribing, administering controlled substances and dangerous drugs; (-b-) proficiency testing; (-c-) directed CME; and (-d-) administrative penalty of $2,000 per violation. (O) Fraudulent, improper billing practices is an aggravated administrative violation. (i) Violation of §164.053(a)(7) of the Act. (ii) Standard Sanction: (I) suspension of license for 3 years; (II) suspension probated after 90 days under terms and conditions, including, but not limited to: (-a-) monitoring of practice, including billing practices; (-b-) directed CME; (-c-) restitution; and (-d-) administrative penalty of $3,000 per violation. (P) Failing to adequately supervise subordinates and improper delegation is a patient care violation. (i) Violation of: (I) Section 164.053(a)(8) of the Act and (II) Section 164.053(a)(9) of the Act. (ii) Standard Sanction: (I) suspension of license for 3 years; (II) suspension probated after 60 days under terms and conditions, including, but not limited to: (-a-) monitoring of practice; (-b-) directed CME; and (-c-) administrative penalty of $2,000 per violation. (Q) Failure to comply with the terms and conditions of a Board order may be either an aggravated administrative violation or a patient care violation, depending on the facts underlying the failure. (i) Within the meaning of §164.103 of the Act - rescission of probation. (ii) Standard Sanction: (I) public reprimand; (II) extension of the Board order by 6 months for each violation; and (III) administrative penalty of $2,000 per violation. (iii) Unless the board finds that the facts warrant a less severe sanction, the license of a person who violates a Board order to abstain from the consumption of alcohol and/or drugs, as evidenced by a positive drug test or other proof, shall be revoked. (R) Failure to report a health care liability claim is an administrative violation. (i) Violation of §160.052(b) of the Act and §176.2 of this title (relating to Reporting Responsibilities). Cont'd... |
