| (a) Pursuant to §205.352 of the Act and Chapter
165 of the Medical Practice Act, the board by order may impose an
administrative penalty, subject to the provisions of the APA, against
a person licensed or regulated under the Act who violates the Act
or a rule or order adopted under the Act. The imposition of such a
penalty shall be consistent with the requirements of the Act and the
APA.
(b) The penalty for a violation may be in an amount
not to exceed $5,000. Each day a violation continues or occurs is
a separate violation for purposes of imposing a penalty.
(c) Prior to the imposition of an administrative penalty
by board order, a person must be given notice and opportunity to respond
and present evidence and argument on each issue that is the basis
for the proposed administrative penalty at a show compliance proceeding.
(d) The amount of the penalty shall be based on the
factors set forth under Chapter 190 of this title (relating to Disciplinary
Guidelines).
(e) If the board by order determines that a violation
has occurred and imposes an administrative penalty on a person licensed
or regulated under the Act, the board shall give notice to the person
of the board's order which shall include a statement of the right
of the person to seek judicial review of the order.
(f) An administrative penalty may be imposed under
this section for the following:
(1) failure to timely comply with a board subpoena
issued by the board shall be grounds for the imposition of an administrative
penalty of no less than $100 and no more than $5,000 for each separate
violation;
(2) failure to timely comply with the terms, conditions,
or requirements of a board order shall be grounds for imposition of
an administrative penalty of no less than $100 and no more than $5,000
for each separate violation;
(3) failure to timely report a change of address to
the board shall be grounds for imposition of an administrative penalty
of no less than $100 and no more than $5,000 for each separate violation;
(4) failure to timely respond to a patient's communications
shall be grounds for imposition of an administrative penalty of no
less than $100 and no more than $5,000 for each separate violation;
(5) failure to comply with the complaint procedure
notification requirements as set forth in §183.11 of this chapter
(relating to Complaint Procedure Notification) shall be grounds for
imposition of an administrative penalty of no less than $100 and no
more than $5,000 for each separate violation;
(6) failure to provide show compliance proceeding information
in the prescribed time shall be grounds for imposition of an administrative
penalty of no less than $100 and no more than $5,000 for each separate
violation; and
(7) for any other violation other than quality of care
that the board deems appropriate shall be grounds for imposition of
an administrative penalty of no less than $100 and no more than $5,000
for each separate violation.
(g) Any order proposed under this section shall be
subject to final approval by the board.
(h) Failure to pay an administrative penalty imposed
through an order shall be grounds for disciplinary action by the board
pursuant to the Act, §205.351(a)(10), regarding unprofessional
or dishonorable conduct likely to deceive or defraud, or injure the
public, and shall also be grounds for the executive director to refer
the matter to the attorney general for collection of the amount of
the penalty.
(i) A person who becomes financially unable to pay
an administrative penalty after entry of an order imposing such a
penalty, upon a showing of good cause by a writing executed by the
person under oath and at the discretion of the Discipline and Ethics
Committee of the board, may be granted an extension of time or deferral
of no more than one year from the date the administrative penalty
is due. Upon the conclusion of any such extension of time or deferral,
if payment has not been made in the manner and in the amount required,
action authorized by the terms of the order or subsection (h) of this
section.
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