| (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.
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