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RULE §187.9Board Actions

(a) Pursuant to the Act, §164.001, and in accordance with Chapter 190 of this title (relating to Disciplinary Guidelines), the board, upon finding that an applicant or licensee has committed a prohibited act under the Act or board rules, or has violated an order of the board, shall enter an order imposing any action authorized by law.

(b) The board may stay enforcement of any order and place the person on probation. The board shall retain the right to vacate the probationary stay and enforce the original order for noncompliance with the terms of the probation or to impose any other disciplinary action authorized by law in addition to or instead of enforcing the original order.

(c) An agreed order may impose actions as agreed to by the board and person subject to the order.

(d) An agreed order may include a refund, as provided by §164.206, Texas Occupations Code. A refund may only be ordered to be paid to a patient of the licensee who is the subject of disciplinary action and shall not exceed the amounts that the patient paid directly to the licensee related to medical services provided by the licensee that are the subject of the complaint involved. Refunds may be ordered to be paid by the licensee directly to a patient, with proof of payment provided to the board to show compliance with the board order. As used in this subsection, "patient" includes the legal guardian of a patient, but does not include any third-party payer.

(e) The time period of an order shall be extended for any period of time in which a person subject to an order subsequently resides or practices outside the State of Texas, for any period during which the person's license is subsequently cancelled for nonpayment of licensure fees, or as provided in a board order. This subsection does not apply to locum tenens practice if the licensee maintains a residence in this state and fully cooperates with his compliance officer.

(f) Notwithstanding subsections (a) - (d) of this section, the board may issue and establish the terms of a nondisciplinary remedial plan to resolve an investigation of a complaint.

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

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

    (B) assesses an administrative penalty against a person.

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

    (A) concerning:

      (i) a patient death;

      (ii) the commission of a felony; or

      (iii) a matter in which the physician engaged in inappropriate sexual behavior or contact with a patient or became financially involved with a patient in an inappropriate manner; or

    (B) in which the appropriate resolution may involve a restriction on the manner in which a license holder practices medicine.

  (3) A remedial plan may not be issued to resolve a complaint against a licensee if the licensee previously entered into a remedial plan in the preceding five year period.

  (4) A fee may be assessed against a licensee participating in a remedial plan in an amount necessary to recover the costs of administering the plan.

  (5) A remedial plan may not be entered into to resolve an investigation of a complaint, once a SOAH complaint or petition has been filed.

Source Note: The provisions of this §187.9 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective December 31, 2020, 45 TexReg 9524

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