Texas Register
TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 190DISCIPLINARY GUIDELINES
SUBCHAPTER CSANCTION GUIDELINES
RULE §190.14Disciplinary Sanction Guidelines
ISSUE 10/02/2009
ACTION Proposed
Preamble Texas Admin Code Rule
These disciplinary sanction guidelines are designed to provide guidance in assessing sanctions for violations of the Medical Practice Act (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) - (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 164.051(a)(3) [164.052(a)(2)] - violation of Board Rule, to wit: §165.2 (relating to Medical Record Release and Charges).

      (ii)Standard Sanction: administrative penalty of $1,000 per violation.

    (B) - (X)(No change.)

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 22, 2009

TRD-200904229

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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