[(II)suspension probated after 60 days under terms and conditions, including, but not limited to:] [(-a-)restrictions on practice, including prescribing, administering controlled substances and dangerous drugs;] [(-b-)proficiency testing;] [(-c-)directed CME; and] [(-d-)administrative penalty of $2,000 per violation.] [(N)Writing false or fictitious prescriptions is a patient care violation.] [(i)Violation of §164.053(a)(4) of the Act.] [(ii)Standard Sanction:] [(I)suspension of license for 4 years;] [(II)suspension probated after 90 days under terms and conditions, including, but not limited to:] [(-a-)restrictions on practice including restrictions on prescribing, administering controlled substances and dangerous drugs;] [(-b-)proficiency testing;] [(-c-)directed CME; and] [(-d-)administrative penalty of $2,000 per violation.] [(O)Fraudulent, improper billing practices is an aggravated administrative violation.] [(i)Violation of §164.053(a)(7) of the Act.] [(ii)Standard Sanction:] [(I)suspension of license for 3 years;] [(II)suspension probated after 90 days under terms and conditions, including, but not limited to:] [(-a-)monitoring of practice, including billing practices;] [(-b-)directed CME;] [(-c-)restitution; and] [(-d-)administrative penalty of $3,000 per violation.] [(P)Failing to adequately supervise subordinates and improper delegation is a patient care violation.] [(i)Violation of:] [(I)Section 164.053(a)(8) of the Act and] [(II)Section 164.053(a)(9) of the Act.] [(ii)Standard Sanction:] [(I)suspension of license for 3 years;] [(II)suspension probated after 60 days under terms and conditions, including, but not limited to:] [(-a-)monitoring of practice;] [(-b-)directed CME; and] [(-c-)administrative penalty of $2,000 per violation.] [(Q)Failure to comply with the terms and conditions of a Board order may be either an aggravated administrative violation or a patient care violation, depending on the facts underlying the failure.] [(i)Within the meaning of §164.103 of the Act - rescission of probation.] [(ii)Standard Sanction:] [(I)public reprimand;] [(II)extension of the Board order by 6 months for each violation; and] [(III)administrative penalty of $2,000 per violation.] [(iii)Unless the board finds that the facts warrant a less severe sanction, the license of a person who violates a Board order to abstain from the consumption of alcohol and/or drugs, as evidenced by a positive drug test or other proof, shall be revoked.] [(R)Failure to report a health care liability claim is an administrative violation.] [(i)Violation of §160.052(b) of the Act and §176.2 of this title (relating to Reporting Responsibilities).] [(ii)Standard Sanction shall be $500 for each violation.] [(S)Failure to notify the board of change in practice or mailing address is an administrative violation.] [(i)Violation of §166.1(d) of this title (relating to Physician Registration).] [(ii)Standard Sanction shall be $500.] [(T)Failure to maintain drug logs as required by an agreed order is an administrative violation.] [(i)Violation of §190.8(2)(A) of this title (relating to Violation Guidelines).] [(ii)Standard sanction is $2,000.] [(U)Failure to display a "Notice Concerning Complaints" sign as required by §178.3 of this title (relating to Complaint Procedure Notification) is an administrative violation.] [(i)Violation of §178.3 of this title.] [(ii)Standard sanction shall be $1,000.] [(V)Use of misleading advertising with regard to board certification is an administrative violation.] [(i)Violation of §164.4 of this title (relating to Board Certification).] [(ii)Standard sanction shall be $500.] [(W)Reporting false or misleading information on an initial application for licensure or for licensure renewal is an administrative violation.] [(i)Violation of §164.052(a)(1) of the Act.] [(ii)Standard Sanction is $1,000.] [(X)Bad faith mediation by a licensee in relation to an out-of-network health benefit claim.] [(i)Violation of §1467.101 of the Texas Insurance Code.] [(ii)Standard Sanction is $2,000.] [(Y)For any violation of the Act that is not specifically mentioned in this rule, the board shall apply a sanction that generally follows the spirit and scheme of the sanctions stated in subparagraphs (A) - (X) of this paragraph.]
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to
adopt.
Filed
with the Office of the Secretary of State on October 3, 2012
TRD-201205206 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: November 11, 2012
For further information, please call: (512) 305-7016
|
