The following severity levels and sanction guides are based
on the relevant factors in §801.301 of this title (relating to
Relevant Factors).
(1) Level One--Revocation of license. These violations
evidence intentional or gross misconduct on the part of the licensee
and/or cause or pose a high degree of harm to the public and/or may
require severe punishment as a deterrent to the licensee, or other
licensees. The fact that a license is revoked does not necessarily
mean the licensee can never regain licensure.
(2) Level Two--Extended suspension of license. These
violations involve less misconduct, harm, or need for deterrence than
Level One violations, but may require termination of licensure for
a period of not less than one year.
(3) Level Three--Moderate suspension of license. These
violations are less serious than Level Two violations, but may require
termination of licensure for a period of time less than a year.
(4) Level Four--Probated suspension of licensure. These
violations do not involve enough harm, misconduct, or need for deterrence
to warrant termination of licensure, yet are severe enough to warrant
monitoring of the licensee to ensure future compliance. Probationary
terms may be ordered as appropriate.
(5) Level Five--Reprimand. These violations involve
inadvertent or relatively minor misconduct and/or rule violations
not directly involving the health, safety and welfare of the public.
(6) An administrative penalty may be assessed for any
violation, as determined by the ethics committee. An administrative
penalty may be assessed in lieu of, or in addition to, other disciplinary
actions.
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| Source Note: The provisions of this §801.302 adopted to be effective October 19, 2003, 28 TexReg 8951; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective March 31, 2013, 38 TexReg 1982 |
