| (a) Purpose. These disciplinary sanction guidelines
are designed to provide guidance in assessing sanctions for violations
of the Occupations Code, Chapter 507, and the Council's rules. The
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) Single Violation. The standard disciplinary sanctions
outlined in the applicable schedule of sanctions shall apply to cases
involving a single violation, and in which there are no aggravating
or mitigating factors.
(2) Multiple Violations. The Council may impose more
severe or restrictive sanctions for multiple violations.
(3) Aggravating and Mitigating Factors. The Council
may impose more or less severe or restrictive sanctions, based on
any aggravating and/or mitigating factors that are found to apply
in a particular case.
(4) The standard and minimum disciplinary sanctions
outlined below are applicable to persons who are being sanctioned
for the first time. The Council may consider more severe or restrictive
sanctions if a person has had a sanction assessed against them previously.
(5) The maximum disciplinary sanction in all cases
is revocation of the license, which may be accompanied by an administrative
penalty of up to $5,000 per violation. In accordance with §507.352
of the Occupations Code, each day the violation continues or occurs
is a separate violation.
(6) Each violation constitutes a separate offense,
even if arising out of a single act.
(7) Failure to list a specific violation or Council
rule in this rule does not prevent the Council from taking disciplinary
action for such a violation.
(8) If a sanction for a violation of state or federal
law is not listed in this rule, or specifically stated elsewhere,
the sanction shall be a reprimand and administrative penalty.
(9) Notwithstanding paragraph (8) of this subsection,
the Council will evaluate and determine the appropriate sanction for
a licensee with a qualifying criminal conviction in accordance with §53.021
of the Occupations Code.
(10) The Council may combine an administrative penalty
with another standard disciplinary sanction to protect the public
or deter future violations.
(b) Standard Disciplinary Sanctions. The Council may
impose the following disciplinary sanctions which are listed in descending
order of severity:
(1) Revocation;
(2) Suspension for a definite period of time;
(3) Suspension plus probation of any or all of the
suspension period;
(4) Probation of the license for a definite period
of time;
(5) Reprimand; and
(6) Administrative penalty.
(c) The following standard disciplinary sanctions shall
apply to violations of:
Attached Graphic
(d) Additional Conditions. The Council may impose additional
conditions or restrictions upon a license deemed necessary to facilitate
the rehabilitation and education of the licensee and to protect the
public, including but not limited to:
(1) Consultation with the licensee on matters of ethics
rules, laws and standards of practice by a licensed professional approved
by the Council;
(2) Restrictions on the licensee's ability to provide
certain types of services or to provide services to certain classes
of patients;
(3) Restrictions on the licensee's supervision of others
in a particular area of practice;
(4) Completion of a specified number of continuing
education hours on specified topics approved in advance by the Council
in addition to any minimum number required of all licensees as a condition
of licensure;
(5) Taking and passing with the minimum required score
of any examination required by the Council of a licensee; and
(6) Undergoing a psychological or medical evaluation
by a qualified professional approved in advance by the Council and
undergoing any treatment recommended pursuant to the evaluation.
(e) Aggravating Factors. Aggravating factors are those
which may increase the severity of unprofessional conduct, justifying
the imposition of a more severe penalty. Such factors include, but
are not limited to the following:
(1) Physical or emotional harm and the type and severity
thereof;
(2) Economic harm to any individual or entity and the
severity thereof;
(3) Increased potential for harm to the public;
(4) Attempted concealment of misconduct;
(5) Premeditated conduct;
(6) Intentional misconduct;
(7) Prior written warnings or written admonishments
from any supervisor or governmental agency or official regarding statutes
or regulations pertaining to the licensee's practice;
(8) Prior misconduct of a similar or related nature;
(9) Disciplinary history;
(10) Likelihood of future misconduct of a similar nature;
(11) Violation of a Council order;
(12) Failure to implement remedial measures to correct
or alleviate harm arising from the misconduct;
(13) Lack of rehabilitative effort or potential; and
(14) Improper or inappropriate motive.
(f) Mitigating Factors. Mitigating factors are those
which may reduce the severity of unprofessional conduct. Such factors
include, but are not limited to the following:
(1) Acceptance of responsibility;
(2) Self-reporting of unprofessional conduct;
(3) Implementation of remedial measures to correct
or mitigate harm arising from the unprofessional conduct;
(4) Good-faith motive;
(5) Rehabilitative efforts or potential; and
(6) Prior community service.
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