reglab/housing_qa huggingface dataset:
TX Occ Code § 205.453 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter J. Administrative Penalties|Section 205.453. Amount of Penalty

Sec. 205.453.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of any prohibited act; and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts to correct the violation; and(6)  any other matter that justice may require.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 205.454 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter J. Administrative Penalties|Section 205.454. Notice of Violation and Penalty

Sec. 205.454.  NOTICE OF VIOLATION AND PENALTY.  (a)  If the acupuncture board by order determines that a violation has occurred and imposes an administrative penalty, the acupuncture board shall notify the affected person of the board's order.(b)  The notice must include a statement of the right of the person to judicial review of the order.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 205.455 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter J. Administrative Penalties|Section 205.455. Options Following Decision: Pay or Appeal

Sec. 205.455.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the acupuncture board's order imposing the administrative penalty is final, the person shall:(1)  pay the penalty;(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account; or(B)  giving to the court a supersedeas bond approved by the court for the amount of the penalty and that is effective until all judicial review of the acupuncture board's order is final; or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and(B)  giving a copy of the affidavit to the presiding officer of the acupuncture board by certified mail.(c)  If the presiding officer of the acupuncture board receives a copy of an affidavit under Subsection (b)(2), the presiding officer may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 205.456 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter J. Administrative Penalties|Section 205.456. Collection of Penalty

Sec. 205.456.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the presiding officer of the acupuncture board may refer the matter to the attorney general for collection of the penalty.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 205.457 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter J. Administrative Penalties|Section 205.457. Determination by Court

Sec. 205.457.  DETERMINATION BY COURT.  (a)  If on appeal the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 205.458 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter J. Administrative Penalties|Section 205.458. Remittance of Penalty and Interest

Sec. 205.458.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty; or(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest is paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 206.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter A. General Provisions|Section 206.001. Definitions

Sec. 206.001.  DEFINITIONS.  In this chapter:(1)  "Advisory committee" means the advisory committee created under this chapter.(2)  "Delegating physician" means a physician who is licensed by the medical board either as a doctor of medicine or doctor of osteopathic medicine and who delegates, to a licensed surgical assistant, surgical assisting and oversees and accepts responsibility for that surgical assisting.(3)  "Direct supervision" means supervision by a delegating physician who is physically present and who personally directs delegated acts and remains immediately available to personally respond to any emergency until the patient is released from the operating room or care and has been transferred, as determined by medical board rule, to another physician.(4)  "Executive director" means the executive director of the medical board.(5)  "Medical board" means the Texas Medical Board.(6)  "Surgical assisting" means providing aid under direct supervision in exposure, hemostasis, and other intraoperative technical functions that assist a physician in performing a safe operation with optimal results for the patient, including the delegated authority to provide local infiltration or the topical application of a local anesthetic at the operation site.  This term is synonymous with "first assisting."|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.01, eff. September 1, 2005.|
TX Occ Code § 206.002 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter A. General Provisions|Section 206.002. Applicability

Sec. 206.002.  APPLICABILITY.  (a)  A person is not required to hold a license under this chapter if the person is:(1)  a student enrolled in a surgical assistant education program approved by the medical board who is assisting in a surgical operation that is an integral part of the program of study;(2)  a surgical assistant employed in the service of the federal government while performing duties related to that employment;(3)  a person acting under the delegated authority of a licensed physician;(4)  a licensed health care worker acting within the scope of the person's license;(5)  a registered nurse;  or(6)  a licensed physician assistant.(b)  This chapter does not affect the authority of a licensed physician to delegate acts under Subtitle B.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.051 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.051. Advisory Committee

Sec. 206.051.  ADVISORY COMMITTEE.  (a)  The advisory committee is an informal advisory committee to the medical board and is not subject to Chapter 2110, Government Code.(b)  The advisory committee has no independent rulemaking authority.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.052 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.052. Appointment of Advisory Committee

Sec. 206.052.  APPOINTMENT OF ADVISORY COMMITTEE.  (a)  The advisory committee consists of six members appointed by the president of the medical board.  One member must be a registered perioperative nurse with at least five years of clinical experience as a registered perioperative nurse.  Each of the remaining members must be:(1)  a practicing surgical assistant who has at least five years of clinical experience as a surgical assistant;  or(2)  a physician licensed in this state who supervises a surgical assistant.(b)  Appointments to the advisory committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.053 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.053. Membership and Employee Restrictions

Sec. 206.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be a member of the advisory committee if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of surgical assisting;  or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of surgical assisting.(c)  A person may not be a member of the advisory committee if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the field of surgical assisting.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.054 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.054. Terms; Vacancy

Sec. 206.054.  TERMS;  VACANCY.  (a)  Members of the advisory committee are appointed for two-year terms.  The terms of the members expire on February 1 of each odd-numbered year.(b)  If a vacancy occurs during a member's term, the president of the medical board shall appoint a new member to fill the unexpired term.(c)  An advisory committee member may not serve more than two consecutive full terms.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.055 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.055. Grounds for Removal

Sec. 206.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the advisory committee that a member:(1)  does not have at the time of appointment the qualifications required by Section 206.052;(2)  does not maintain during service on the advisory committee the qualifications required by Section 206.052;(3)  is ineligible for membership under Section 206.053;  or(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.(b)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists. |Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.056 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.056. Officers

Sec. 206.056.  OFFICERS.  The president of the medical board shall designate biennially a committee member as the presiding officer of the advisory committee to serve in that capacity at the will of the president.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.057 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.057. Per Diem

Sec. 206.057.  PER DIEM.  An advisory committee member is not entitled to reimbursement for travel expenses or compensation.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.058 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter B. Advisory Committee|Section 206.058. Meetings

Sec. 206.058.  MEETINGS.  (a)  The advisory committee shall meet as requested by the medical board.(b)  A meeting may be held by telephone conference call.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.101 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter C. Powers and Duties of Medical Board|Section 206.101. General Powers and Duties

Sec. 206.101.  GENERAL POWERS AND DUTIES.  The medical board shall:(1)  establish qualifications for a surgical assistant to practice in this state;(2)  establish requirements for an examination for a license to practice as a surgical assistant;(3)  establish minimum education and training requirements necessary for a license to practice as a surgical assistant;(4)  prescribe the application form for a license to practice as a surgical assistant;  and(5)  develop an approved program of mandatory continuing education and the manner in which attendance at all approved courses, clinics, forums, lectures, programs, or seminars is monitored and recorded.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.103 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter C. Powers and Duties of Medical Board|Section 206.103. Gifts, Grants, and Donations

Sec. 206.103.  GIFTS, GRANTS, AND DONATIONS.  In addition to any fees paid to the medical board or money appropriated to the medical board, the medical board may receive and accept under this chapter a gift, grant, donation, or other item of value from any source, including the United States or a private source.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.151 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter D. Public Interest Information; Complaint and Investigative Information|Section 206.151. Public Participation

Sec. 206.151.  PUBLIC PARTICIPATION.  (a)  The medical board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the medical board and speak on any issue relating to surgical assistants.(b)  The executive director of the medical board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the medical board's programs and services under this chapter.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.152 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter D. Public Interest Information; Complaint and Investigative Information|Section 206.152. Public Interest Information

Sec. 206.152.  PUBLIC INTEREST INFORMATION.  (a)  The medical board shall prepare information of public interest describing the functions of the medical board and the procedures by which complaints are filed and resolved under this chapter.(b)  The medical board shall make the information available to the public and appropriate state agencies.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.153 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter D. Public Interest Information; Complaint and Investigative Information|Section 206.153. Complaints

Sec. 206.153.  COMPLAINTS.  (a)  The medical board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the medical board for the purpose of directing complaints about licensed surgical assistants to the medical board.(b)  The medical board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a licensed surgical assistant.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.154 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter D. Public Interest Information; Complaint and Investigative Information|Section 206.154. Records of Complaints

Sec. 206.154.  RECORDS OF COMPLAINTS.  (a)  The medical board shall maintain a file on each written complaint filed with the medical board under this chapter.  The file must include:(1)  the name of the person who filed the complaint;(2)  the date the complaint is received by the medical board;(3)  the subject matter of the complaint;(4)  the name of each person contacted in relation to the complaint;(5)  a summary of the results of the review or investigation of the complaint;  and(6)  an explanation of the reason the file was closed, if the medical board closed the file without taking action other than to investigate the complaint.(b)  The medical board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the medical board's policies and procedures relating to complaint investigation and resolution.  A person who reports a complaint by phone shall be given information on how to file a written complaint.(c)  The medical board, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.155 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter D. Public Interest Information; Complaint and Investigative Information|Section 206.155. License Holder Access to Complaint Information

Sec. 206.155.  LICENSE HOLDER ACCESS TO COMPLAINT INFORMATION.  (a)  The medical board shall provide a license holder who is the subject of a formal complaint filed under this chapter with access to all information in its possession that the medical board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint, subject to any other privilege or restriction established by rule, statute, or legal precedent.  The medical board shall provide the information not later than the 30th day after receipt of a written request from the license holder or the license holder's counsel, unless good cause is shown for delay. (b)  Notwithstanding Subsection (a), the medical board is not required to provide:(1)  medical board investigative reports;(2)  investigative memoranda;(3)  the identity of a nontestifying complainant;(4)  attorney-client communications;(5)  attorney work product;  or(6)  other material covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.(c)  The provision of information does not constitute a waiver of privilege or confidentiality under this chapter or other law.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.156 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter D. Public Interest Information; Complaint and Investigative Information|Section 206.156. Health Care Entity Request for Information

Sec. 206.156.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.  On the written request of a health care entity, the medical board shall provide to the entity:(1)  information about a complaint filed against a license holder that was resolved after investigation by:(A)  a disciplinary order of the medical board;  or(B)  an agreed settlement;  and(2)  the basis of and current status of any complaint under active investigation that has been referred by the executive director or the director's designee for legal action.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|