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RULE §277.10Remedial Plans

(a) Section 351.509 authorizes the Board to issue a remedial plan to resolve the investigation of a complaint.

(b) The issuance of a remedial plan does not impose disciplinary action. Records of the remedial plan will be removed from the records of the Board on the date two years after the date that a licensee successfully completes a remedial plan.

(c) A remedial plan may not:

  (1) revoke, suspend, limit, or restrict a license or assess an administrative penalty;

  (2) be imposed to resolve a complaint concerning a death, hospitalization, or the commission of a felony; and

  (3) be imposed if the Board issued a remedial plan to a licensee within the preceding 24 months.

(d) A remedial plan must be approved by the Board. The plan may be initiated in the following manner:

  (1) for violations listed in §277.6(a)(9) of this title, by the Executive Director in the same manner as administrative penalties are assessed by the Executive Director in §277.1 of this title; or

  (2) by the Investigation-Enforcement Committee in the same manner as the disposition of complaints in §277.1 of this title.

(e) If a licensee does not accept an offer of settlement based on the issuance of a remedial plan, the Board shall schedule an informal settlement conference according to the provisions of §277.2 of this title.

(f) If a licensee does not successfully complete the terms of a remedial plan, the Board may reopen the investigation of the complaint to determine if disciplinary action should be imposed.

(g) The Board may assess a plan administration fee in an amount of $1,000, to recover the costs of administering the plan.

Source Note: The provisions of this §277.10 adopted to be effective March 23, 2014, 39 Texeg 2079; amended to be effective February 12, 2023, 48 TexReg 680

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