Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 190DISCIPLINARY GUIDELINES
SUBCHAPTER CSANCTION GUIDELINES
RULE §190.14Disciplinary Sanction Guidelines
ISSUE 03/05/2010
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. 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) - (W)(No change.)

     (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) [(X)] 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) [(W)] 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 February 22, 2010

TRD-201000805

Mari Robinson, J.D.

Executive Director

Texas Medical Board

Earliest possible date of adoption: April 4, 2010

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



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