These disciplinary sanction guidelines are designed to provide guidance in assessing sanctions for violations of the Medical Practice Act. The ultimate purpose of disciplinary sanctions is to protect the public, deter future violations, offer opportunities for rehabilitation if appropriate, punish violators, and deter others from violations. These guidelines are intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases, and encourage settlements. (1) - (2)(No change.) (3)The standard and minimum sanctions outlined below are based on the conclusion stated in Section 164.001(j) of the Act that a violation related directly to patient care is more serious than one that involves only an administrative violation. An administrative violation may be handled informally in accordance with Section 187.14(7) of this title (relating to Informal Resolutions of [Administrative] Violations). Administrative violations may be more or less serious, depending on the nature of the violation. Administrative violations that are considered by the board to be more serious are designated as being an "aggravated administrative violation". (4) - (6)(No change.) (7)The following standard sanctions shall apply to violations of the Act: (A)Failure to timely provide copies of medical or billing records upon written request or overcharging for medical records is an administrative violation. (i)Violation of: (I)Section 159.006 - information furnished by licensee; and (II)Section 164.052(a)(2) - violation of Board Rule, to wit: §165.2 (relating to Medical Record Release and Charges). (ii)Standard Sanction: [(I)furnishing medical records requested;] [(II)restitution; and] [(III)]administrative penalty of $1,000 per violation. (B)Failure to timely comply with a board subpoena or request for information is an administrative violation. (i)Violation of §160.009 and board rule §179.4 (relating to Request for Information and Records from Physicians). (ii)Standard Sanction is an[:] [(I)public reprimand;] [(II)compliance with the subpoena or request; and] [(III)]administrative penalty of $2,000 [ $500 for each day of noncompliance]. (C) - (D)(No change. ) (E)Conviction of a misdemeanor that directly relates to the duties and responsibilities of the licensed occupation may be either an administrative violation or a patient care violation, depending on the facts underlying the offense. (i)Violation of §53.021, Tex. Occ. Code. (ii)Standard Sanction: (I)If the offense involves patient care, the standard sanction shall be revocation of the license. (II)If the offense does not involve patient care and is an administrative violation only, the standard sanction shall require: [(-a-)compliance with all restrictions, conditions and terms imposed by any order of probation or deferred adjudication;] (-a-)[(-b-)] public reprimand; and (-b-) [(-c-)] an administrative penalty of $2,000 per violation. (F)(No change.) (G)Failure to obtain/document continuing medical education is an administrative violation. (i)Violation of §164.051(a)(3) or violation of board rule §166.2 (relating to Continuing Medical Education). (ii)Standard Sanction shall be an administrative penalty of: (I)$500 if lacking 5 hours or less [directed CME]; [and] (II)$1,000 if lacking 6 to 10 hours; or [ administrative penalty of $1,000 per violation.] (III)$2,000 if lacking more than 10 hours. (H) - (Q)(No change.) (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) [(R)] 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) - (W) [(R)] 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 September 8,
2008
TRD-200804789 Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: October 19, 2008
For further information, please call: (512) 305-7016
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