| (3) Upon an affirmative majority vote, the Board shall enter an order approving the proposed agreed settlement order, agreement, or recommendation. Said order shall bear the signature of the Presiding Officer and Board Secretary, or of the officer presiding at such meeting and shall be included in the minutes of the Board. (4) If the board does not approve a proposed settlement order, agreement, or recommendation, the licensee shall be so informed. The matter shall be referred by the Board to the Board Secretary and executive director for consideration of appropriate action. (f) Restitution. (1) Pursuant to the Occupations Code, §263.0075, the board may order a licensee to pay restitution to a patient as provided in a proposed agreed settlement order or other agreement or recommendation, instead of or in addition to any administrative penalty. (2) The amount of restitution ordered may not exceed the amount the patient paid to the licensee for the service or services from which the complaint arose. The board shall not require payment of other damages or make an estimation of harm in any order for restitution. |
| Source Note: The provisions of this §107.63 adopted to be effective July 18, 1989, 14 TexReg 2952; amended to be effective April 19, 1998, 23 TexReg 3831; amended to be effective November 30, 1999, 24 TexReg 10547; amended to be effective May 10, 2004, 29 TexReg 4473; amended to be effective February 24, 2008, 33 TexReg 1546 |
