Texas Register
TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 190DISCIPLINARY GUIDELINES
SUBCHAPTER AGENERAL PROVISIONS
RULE §190.2Board's Role
ISSUE 10/02/2009
ACTION Proposed
Preamble Texas Admin Code Rule
The board shall render the final decision in a contested case and has the responsibility to assess sanctions against licensees who are found to have violated the Medical Practice Act. [The board welcomes recommendations of administrative law judges as to the sanctions to be imposed, but the board is not bound by such recommendations. ] A sanction should be consistent with sanctions imposed in other similar cases and should reflect the board's determination of the seriousness of the violation and the sanction required to deter future violations. A determination of the appropriate sanction is reserved to the board. The appropriate sanction is not a proper finding of fact or conclusion of law. This chapter shall be construed and applied so as to preserve board member discretion in the imposition of sanctions and remedial measures pursuant to the Act's provisions related to methods of discipline and administrative penalties. This chapter shall be further construed and applied so as to be consistent with the Act, and shall be limited to the extent as otherwise proscribed by statute and board rule.

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 21, 2009

TRD-200904200

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Earliest possible date of adoption: November 1, 2009

For further information, please call: (512) 305-7016

 

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