These disciplinary sanction guidelines are designed to provide guidance in assessing sanctions for violations of the Medical Practice Act. The ultimate purpose of disciplinary sanctions is to protect the public, deter future violations, offer opportunities for rehabilitation if appropriate, punish violators, and deter others from violations. These guidelines are intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases, and encourage settlements. (1) The standard sanctions outlined below shall apply to cases involving a single violation of the Act, and in which there are no aggravating or mitigating factors that apply. The board may impose more restrictive sanctions when there are multiple violations of the Act. The board may impose more or less severe or restrictive sanctions, based on any aggravating and/or mitigating factors listed in §190.15 of this chapter (relating to Aggravating and Mitigating Factors) that are found to apply in a particular case. (2) The standard and minimum sanctions outlined below are applicable to first time violators. In accordance with §164.001(g)(2) of the Act, the board shall consider revoking the person's license if the person is a repeat offender. (3) The standard and minimum sanctions outlined below are based on the conclusion stated in §164.001(j) of the Act that a violation related directly to patient care is more serious than one that involves only an administrative violation. An administrative violation may be handled informally in accordance with §187.14(7) of this title (relating to Informal Resolutions of Violations). Administrative violations may be more or less serious, depending on the nature of the violation. Administrative violations that are considered by the board to be more serious are designated as being an "aggravated administrative violation". (4) The maximum sanction in all cases is revocation of the licensee's license, which may be accompanied by an administrative penalty of up to $5,000 per violation. In accordance with §165.003 of the Act, each day the violation continues is a separate violation. (5) Each statutory violation constitutes a separate offense, even if arising out of a single act. (6) If the licensee acknowledges a violation and agrees to comply with terms and conditions of remedial action through an agreed order, the standard sanctions may be reduced. (7) The following standard sanctions shall apply to violations of the Act: (A) Failure to timely provide copies of medical or billing records upon written request or overcharging for medical records is an administrative violation. (i) Violation of: (I) Section 159.006 of the Act - information furnished by licensee; and (II) Section 164.051(a)(3) of the Act - violation of Board Rule, to wit: §165.2 of this title (relating to Medical Record Release and Charges). (ii) Standard Sanction: administrative penalty of $1,000 per violation. (B) Failure to timely comply with a board subpoena or request for information is an administrative violation. (i) Violation of §160.009 of the Act and board rule §179.4 of this title (relating to Request for Information and Records from Physicians). (ii) Standard Sanction is an administrative penalty of $2,000. (C) Conviction or deferred adjudication for a felony may be either an aggravated administrative violation or a patient care violation, depending on the facts underlying the offense. (i) Violation of §164.051(a)(2)(A) of the Act, §204.303(a)(2) of the Physician Assistant Act, and §205.351(a)(7) of the Acupuncture Act. (ii) In accordance with §164.057(a)(1)(A) of the Act, the board shall suspend a licensee's license on proof that the licensee has been initially convicted of any felony. (iii) In accordance with §164.057(b) of the Act, the board shall revoke the licensee's license on final conviction for a felony. (D) Conviction or deferred adjudication for a misdemeanor involving moral turpitude may be either an aggravated administrative violation or a patient care violation, depending on the facts underlying the offense. (i) Violation of §164.051(a)(2)(B) of the Act and §205.351(a)(7) of the Acupuncture Act. (ii) Standard Sanction: (I) If the offense is related to the duties and responsibilities of the licensed occupation, the standard sanction shall be revocation of the license. (II) If the offense is not related to the duties and responsibilities of the licensed occupation, the standard sanction shall require: (-a-) Suspension of license, which may be probated after 90 days; (-b-) compliance with all restrictions, conditions and terms imposed by any order of probation or deferred adjudication; (-c-) public reprimand; and (-d-) administrative penalty of $2,000 per violation. (E) Conviction of a misdemeanor that directly relates to the duties and responsibilities of the licensed occupation may be either an administrative violation or a patient care violation, depending on the facts underlying the offense. (i) Violation of §53.021, Texas Occupations Code. (ii) Standard Sanction: (I) If the offense involves patient care, the standard sanction shall be revocation of the license. (II) If the offense does not involve patient care and is an administrative violation only, the standard sanction shall require: (-a-) public reprimand; and (-b-) an administrative penalty of $2,000 per violation. (F) Arrest or Conviction of Certain Misdemeanors. (i) In accordance with §164.057(a)(1)(B), (C), (D), and (E) of the Act, the board shall suspend a licensee's license on proof that the licensee has been initially convicted any of the following misdemeanors: (I) a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; (II) a misdemeanor under §25.07, Penal Code, or (III) a misdemeanor under §25.071, Penal Code. (ii) In accordance with §164.057(b) of the Act, the board shall revoke the licensee's license on final conviction of any of the misdemeanors listed in clause (i) of this subparagraph. (iii) In accordance with §164.057(c) of the Act, the board shall revoke the license of a physician convicted of or placed on deferred adjudication community supervision for an offense under: (I) Section 22.011(a)(2), Penal Code (sexual assault of a child); (II) Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child); or (III) Section 21.11, Penal Code (indecency with a child). (iv) In accordance with §164.057(c) of the Act, the board may restrict or suspend the licensee's license of a person arrested for an offense under: (I) Section 22.011(a)(2), Penal Code (sexual assault of a child); (II) Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child); or (III) Section 21.11, Penal Code (indecency with a child); or (IV) Section 21.02, Penal Code (continuous sexual abuse of a young child or children). (G) Failure to obtain/document continuing medical education is an administrative violation. (i) Violation of §164.051(a)(3) of the Act, or violation of board rule §166.2 of this title (relating to Continuing Medical Education). (ii) Standard Sanction shall be an administrative penalty of: (I) $500 if lacking 5 hours or less; (II) $1,000 if lacking 6 to 10 hours; or (III) $2,000 if lacking more than 10 hours. (H) Impairment of ability to practice may be either an aggravated administrative violation or a patient care violation, depending on the whether a violation of the standard of care has resulted from the impairment. (i) Within the meaning of §164.051(a)(4) of the Act - inability to practice medicine with reasonable skill and safety to patients because of illness, drunkenness, excessive use of drugs, or a mental condition. (ii) Standard Sanction: suspension of license until such time as the licensee can demonstrate that the licensee is safe and competent to practice medicine. (iii) Alternate Standard Sanction: probation of suspension for 10 years under terms and conditions, including, but not limited to: (I) drug testing; (II) restrictions on practice; (III) alcoholics anonymous/narcotics anonymous attendance; (IV) psychiatric/psychological evaluation and treatment; and Cont'd... |
