Texas Register
TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 190DISCIPLINARY GUIDELINES
SUBCHAPTER AGENERAL PROVISIONS
RULE §190.2Board's Role
ISSUE 11/27/2009
ACTION Final/Adopted
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. 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 9, 2009

TRD-200905168

Mari Robinson, J.D.

Executive Director

Texas Medical Board

Effective date: November 29, 2009

Proposal publication date: October 2, 2009

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

 

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