| (27) failing to truthfully respond in a manner that
fully discloses all information in an honest, materially responsive
and timely manner to a complaint filed with or by the department;
(28) failing to report a known violation of the Act
or this chapter to the department;
(29) failing to comply with an order issued by the
executive director or the commission; and
(30) other unprofessional or unethical conduct.
(e) Gross negligence or malpractice. A license, registration,
or facility accreditation may be denied, revoked, suspended, probated,
reprimanded, or an administrative penalty may be imposed for gross
negligence or malpractice, which includes, but is not limited to,
the following.
(1) Performing an act or omission constituting gross
neglect, such as conduct involving malice, willfulness or wanton and
reckless disregard of the rights of others;
(2) Performing an act or omission constituting malpractice,
such as:
(A) failing to perform services or provide products
for which compensation has been received or failing to perform services
or provide products with reasonable care, skill, expedience, and faithfulness;
(B) failing to do that which a person of ordinary prudence
would have done under the same or similar circumstances, or doing
that which a person of ordinary prudence would not have done under
the same or similar circumstances.
(f) Interference with an investigation. A license,
registration, or facility accreditation may be denied, revoked, suspended,
probated, reprimanded, or an administrative penalty may be imposed
for interference with a department investigation by the misrepresentation
of facts to the department or its authorized representative or by
the use of threats or harassment against any person.
(g) Surrender of license and formal disciplinary action.
(1) When a licensee or accredited facility has offered
the surrender of the license or accreditation after a complaint has
been filed, the department shall consider whether to accept the surrender
of the license.
(2) Surrender of a license or accreditation without
acceptance by the department does not deprive the department of jurisdiction
to prosecute an alleged violation of the Act or this chapter.
(3) When the department accepts a surrender while a
complaint is pending, that surrender is deemed to be the result of
a formal disciplinary action and an order shall be prepared accepting
the surrender and reflecting this fact.
(4) A license surrendered and accepted may not be reinstated;
however, a person may apply for a new license in accordance with the
Act and this chapter.
(h) Frivolous complaints. A license, registration,
or facility accreditation may be denied, revoked, suspended, probated,
reprimanded, or an administrative penalty may be imposed for filing
a complaint with the department that is frivolous or made in bad faith.
|
| Source Note: The provisions of this §114.90 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542 |
