| (a) Purpose. The purpose of this section is to outline
the Board's disciplinary and non-disciplinary actions issued under
Chapter 263 of the Texas Occupations Code.
(b) Definitions. In this rule section, the following
terms shall apply:
(1) "Administrative Fine" is a monetary fine assessed
pursuant to Texas Occupations Code §263.002(a) in connection
with the issuance of a disciplinary action by the Board that is not
an administrative penalty. Administrative fines shall not be assessed
when issuing a Remedial Plan. The Board shall not assess an administrative
fine without the issuance of a Warning, Reprimand, Probated Suspension,
or Enforced Suspension.
(2) "Administrative Penalty" is a monetary penalty
assessed as a disciplinary action pursuant to Texas Occupations Code §263.002(a).
An administrative penalty is a public disciplinary action of the Board.
An administrative penalty shall not be issued in conjunction with
the issuance of a Warning, Reprimand, Probated Suspension, Enforced
Suspension, or Remedial Plan. An administrative penalty that is issued
subject to an agreement between the parties during informal settlement
shall be referred to as an "agreed administrative penalty."
(3) "License" means a license, certificate, or registration
that is issued by the Board.
(4) "Licensee" means a person who holds a license,
certificate, or registration that is issued by the Board.
(c) Public Actions. The Board shall utilize the public
actions identified in this subsection to resolve the investigation
of a complaint against a Licensee. The public actions of the Board
listed in subsection (c)(1) through (c)(7) of this section are listed
in order of increasing severity. These public actions shall be imposed
by agreed settlement or final order of the Board against the License
held by the Licensee. Nothing in this rule section shall be construed
to prohibit or restrict the Board from dismissing a complaint or imposing
an injunction or cease and desist order under Chapter 264, Subchapter
B, of the Texas Occupations Code, where appropriate.
(1) Remedial Plan. The Board may issue a non-disciplinary
Remedial Plan pursuant to Texas Occupations Code §263.0077 and
Board rule in §107.204 of this title (relating to Remedial Plans).
(2) Administrative Penalty. The Board may issue an
Administrative Penalty pursuant to the procedures of Chapter 264,
Subchapter A of the Texas Occupations Code, and Board rule in §107.201
of this title (relating to Procedures for Assessment of Administrative
Penalties in Informal Complaint Resolution). An administrative penalty
is a disciplinary action.
(3) Warning. A Warning is a disciplinary action and
may be accompanied by the imposition of an Administrative Fine.
(4) Reprimand. A Reprimand is a disciplinary action
and may be accompanied by the imposition of an Administrative Fine.
(5) Probated Suspension. A Probated Suspension is a
heightened level of disciplinary action issued for a period of years
as identified in the Board's order; however, a Licensee under a Probated
Suspension may continue to practice. A Probated Suspension may be
accompanied by the imposition of an Administrative Fine.
(6) Enforced Suspension. An Enforced Suspension is
a heightened level of disciplinary action. An Enforced Suspension
may be issued for a period of days or years as identified in the Board's
order. A Licensee may not practice while under an Enforced Suspension.
An Enforced Suspension may be accompanied by the imposition of an
Administrative Fine.
(7) Revocation. Revocation is the highest level of
disciplinary action taken by the Board. After the Board imposes an
order of Revocation upon a Licensee, the Licensee must cease the practice
authorized under the License that has been revoked. A person whose
License has been revoked by Board order must apply for the issuance
of a new License pursuant to Board requirements.
(d) Imposition of Conditions and Restrictions on Practice.
The Board may impose other conditions or restrictions on the practice
of a Licensee through an agreed order between the Board and the Licensee
resulting in a disciplinary action, or through a final order of disciplinary
action issued by the Board after a contested case hearing at the State
Office of Administrative Hearings. These conditions may include, but
are not limited to, surrender, suspension, or revocation of a Licensee's
sedation/anesthesia permits or other authorizations issued by the
Board.
(e) Restitution. The Board may order a Licensee to
pay restitution to a patient as provided in an agreed settlement or
final order of the Board, instead of or in addition to any administrative
fine or administrative penalty. The Board may reduce the amount assessed
as an administrative fine or administrative penalty upon a showing
that the Licensee has paid, or by agreed settlement will pay, an amount
of restitution to the patient. 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.
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