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TITLE 22EXAMINING BOARDS
PART 41TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
CHAPTER 884COMPLAINTS AND ENFORCEMENT
SUBCHAPTER FSPECIAL PROVISIONS FOR PERSONS LICENSED TO PRACTICE PSYCHOLOGY
RULE §884.51Remedial Plans under Chapter 501 of the Occupations Code

(a) In accordance with §501.411 of the Occupations Code, the Council may issue and establish the terms of a non-disciplinary remedial plan to resolve the investigation of a complaint against a person licensed under Chapter 501.

(b) A remedial plan may not contain a provision that:

  (1) revokes, suspends, limits, or restricts a person's license or other authorization to practice psychology; or

  (2) assesses an administrative penalty against a person.

(c) A remedial plan may not be imposed to resolve a complaint:

  (1) concerning significant patient harm; or

  (2) in which the appropriate resolution may involve a restriction or limitation on the manner in which a license holder practices psychology or the suspension or revocation of a license.

(d) The Council may not issue a remedial plan to resolve a complaint against a license holder if the license holder has previously entered into a remedial plan with the Council for the resolution of a different complaint.

(e) The Council may issue a remedial plan to resolve a complaint against a license holder in which the appropriate resolution involves a reprimand, administrative penalty, or a combination thereof under the appropriate schedule of sanctions.

(f) The Council may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.

(g) In accordance with §507.205 of the Occupations Code, a remedial plan is confidential complaint information and not subject to public disclosure.


Source Note: The provisions of this §884.51 adopted to be effective September 1, 2020, 45 TexReg 4770

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