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 provide a
range from "Low Sanction" to "High Sanction" based upon any aggravating
or mitigating factors that are found to apply in a particular case.
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 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 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) Any panel action that falls outside the guideline
range shall be reviewed and voted on individually by the Board at
a regular meeting.
(8) 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.
(9) The following standard sanctions shall apply to
violations of the Act:
Attached Graphic
|
Source Note: The provisions of this §190.14 adopted to be effective November 30, 2003, 28 TexReg 10496; amended to be effective January 25, 2006, 31 TexReg 396; amended to be effective January 20, 2009, 34 TexReg 342; amended to be effective November 29, 2009, 34 TexReg 8536; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective December 18, 2011, 36 TexReg 8378; amended to be effective December 23, 2012, 37 TexReg 9774 |