reglab/housing_qa huggingface dataset:
TX Occ Code § 604.203 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.203. Administrative Procedure for Contested Case Hearing

Sec. 604.203.  ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE HEARING.  For a contested case hearing in which a formal complaint has been filed under this chapter, the procedure by which the advisory board takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:(1)  advisory board rules for a contested case hearing; and(2)  Chapter 2001, Government Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.203, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.185, eff. September 1, 2015.|
TX Occ Code § 604.204 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.204. Effect of Denial of Application or Revocation of Certificate or Temporary Permit

Sec. 604.204.  EFFECT OF DENIAL OF APPLICATION OR REVOCATION OF CERTIFICATE OR TEMPORARY PERMIT.  A person whose application for a certificate or temporary permit is denied or whose certificate or permit is revoked is ineligible for a certificate or permit under this chapter until the first anniversary of the date of the denial or revocation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 604.205 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.205. Delegation of Certain Complaint Dispositions

Sec. 604.205.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The advisory board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the advisory board at a public meeting.(b)  A complaint delegated under this section shall be referred for an informal proceeding under Section 604.209 if:(1)  the committee of employees determines that the complaint should not be dismissed or settled;(2)  the committee is unable to reach an agreed settlement; or(3)  the affected person requests that the complaint be referred for an informal proceeding.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.206 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.206. Subpoena

Sec. 604.206.  SUBPOENA.  (a)  The executive director of the medical board, the director's designee, or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces tecum for the advisory board:(1)  to conduct an investigation or a contested proceeding related to:(A)  alleged misconduct by a certificate or temporary permit holder;(B)  an alleged violation of this chapter or other law related to respiratory care; or(C)  the provision of health care under this chapter; or(2)  for purposes of determining whether to issue, suspend, restrict, or revoke a certificate or temporary permit under this chapter.(b)  Failure to timely comply with a subpoena issued under this section is a ground for:(1)  disciplinary action by the advisory board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena; and(2)  denial of an application for a certificate or temporary permit.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.207 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.207. Protection of Patient Identity

Sec. 604.207.  PROTECTION OF PATIENT IDENTITY.  In a disciplinary investigation or proceeding conducted under this chapter, the advisory board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:(1)  testifies in the public proceeding; or(2)  submits a written release in regard to the patient's records or identity.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.208 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.208. Required Suspension of License of Incarcerated Certificate or Temporary Permit Holder

Sec. 604.208.  REQUIRED SUSPENSION OF LICENSE OF INCARCERATED CERTIFICATE OR TEMPORARY PERMIT HOLDER.  Regardless of the offense, the advisory board shall suspend the certificate or temporary permit of a person serving a prison term in a state or federal penitentiary during the term of the incarceration.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.209 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.209. Informal Proceedings

Sec. 604.209.  INFORMAL PROCEEDINGS.  (a)  The advisory board by rule shall adopt procedures governing:(1)  informal disposition of a contested case under Section 2001.056, Government Code; and(2)  informal proceedings held in compliance with Section 2001.054, Government Code.(b)  Rules adopted under this section must require that:(1)  an informal meeting in compliance with Section 2001.054, Government Code, be scheduled and the advisory board give notice to the person who is the subject of a complaint of the time and place of the meeting not later than the 45th day before the date the meeting is held;(2)  the complainant and the person who is the subject of the complaint be provided an opportunity to be heard;(3)  at least one of the advisory board members participating in the informal meeting as a panelist be a member who represents the public;(4)  a member of the medical board's staff be at the meeting to present to the advisory board's representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing; and(5)  the advisory board's legal counsel or a representative of the attorney general be present to advise the advisory board or the medical board's staff.(c)  The person who is the subject of the complaint is entitled to:(1)  reply to the staff's presentation; and(2)  present the facts the person reasonably believes the person could prove by competent evidence or qualified witnesses at a hearing.(d)  After ample time is given for the presentations, the advisory board representative shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.(e)  If the person who is the subject of the complaint has previously been the subject of disciplinary action by the advisory board, the advisory board shall schedule the informal meeting as soon as practicable.(f)  Section 604.175 applies to an investigation file and investigative information in the possession of or used by the advisory board in an informal proceeding under this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.210 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.210. Advisory Board Representation in Informal Proceedings

Sec. 604.210.  ADVISORY BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal meeting under Section 604.209, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.(b)  Notwithstanding Subsection (a) and Section 604.209(b)(3), an informal proceeding may be conducted by one panelist if the person who is the subject of the complaint waives the requirement that at least two panelists conduct the informal proceeding.  If the person waives that requirement, the panelist may be any member of the advisory board.(c)  Except as provided by Subsection (d), the panel requirements described by Subsections (a) and (b) apply to an informal proceeding conducted by the advisory board under Section 604.209, including a proceeding to:(1)  consider a disciplinary case to determine if a violation has occurred; or(2)  request modification or termination of an order.(d)  The panel requirements described by Subsections (a) and (b) do not apply to an informal proceeding conducted by the advisory board under Section 604.209 to show compliance with an order of the advisory board.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.212 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.212. Limit on Access to Investigation Files

Sec. 604.212.  LIMIT ON ACCESS TO INVESTIGATION FILES.  The advisory board shall prohibit or limit access to an investigation file relating to a person subject to an informal proceeding in the manner provided by Sections 164.007(c) and 604.175.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.213 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.213. Refund

Sec. 604.213.  REFUND.  (a)  Subject to Subsection (b), the advisory board may order a certificate or temporary permit holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under Subchapter F.(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the certificate or temporary permit holder for a service regulated by this chapter.  The advisory board may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.214 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter E. Prohibited Practices and Disciplinary Procedures|Section 604.214. Expert Immunity

Sec. 604.214.  EXPERT IMMUNITY.  An expert who assists the advisory board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken in the course of assisting the advisory board in a disciplinary proceeding.  The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the advisory board.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.|
TX Occ Code § 604.301 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.301. Imposition of Penalty

Sec. 604.301.  IMPOSITION OF PENALTY.  The advisory board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.187, eff. September 1, 2015.|
TX Occ Code § 604.302 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.302. Amount of Penalty

Sec. 604.302.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $1,000 for each violation.  Each day a violation continues is a separate violation.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation;(2)  the history of previous violations;(3)  the amount necessary to deter a future violation;(4)  efforts made to correct the violation;  and(5)  any other matter that justice requires.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 604.303 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.303. Notice of Violation and Penalty

Sec. 604.303.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts surrounding the possible violation, the advisory board determines that a violation occurred, the advisory board shall give written notice of the violation to the person alleged to have committed the violation.  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the proposed administrative penalty based on the factors set forth in Section 604.302(b); and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.188, eff. September 1, 2015.|
TX Occ Code § 604.304 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.304. Penalty to Be Paid or Hearing Requested

Sec. 604.304.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 604.303, the person may:(1)  accept the advisory board's determination and proposed administrative penalty; or(2)  make a written request for a hearing on that determination.(b)  If the person accepts the determination, the advisory board by order shall approve the determination and assess the proposed penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.204, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.189, eff. September 1, 2015.|
TX Occ Code § 604.305 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.305. Hearing

Sec. 604.305.  HEARING.  (a)  If the person requests a hearing in a timely manner, the advisory board shall:(1)  set a hearing; and(2)  give written notice of the hearing to the person.(b)  The hearings examiner shall:(1)  make findings of fact and conclusions of law; and(2)  promptly issue to the advisory board a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.205, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.190, eff. September 1, 2015.|
TX Occ Code § 604.306 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.306. Decision by Advisory Board

Sec. 604.306.  DECISION BY ADVISORY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the advisory board by order may determine that:(1)  a violation occurred and impose an administrative penalty; or(2)  a violation did not occur.(b)  The advisory board shall give notice of the order to the person.  The notice must include:(1)  separate statements of the findings of fact and conclusions of law;(2)  the amount of any penalty imposed; and(3)  a statement of the person's right to judicial review of the order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.207, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.191, eff. September 1, 2015.|
TX Occ Code § 604.307 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.307. Options Following Decision: Pay or Appeal

Sec. 604.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the order becomes final, the person shall:(1)  pay the administrative penalty;(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or(3)  without paying the penalty, file a petition for judicial review contesting the fact 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 that:(i)  is for the amount of the penalty; and(ii)  is effective until judicial review of the order is final; or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn 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 advisory board by certified mail.(c)  If the advisory board receives a copy of an affidavit under Subsection (b)(2), the advisory board 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 enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.192, eff. September 1, 2015.|
TX Occ Code § 604.308 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.308. Collection of Penalty

Sec. 604.308.  COLLECTION OF PENALTY.  If the person does not pay the penalty and enforcement of the penalty is not stayed, the advisory board may refer the matter to the attorney general for collection of the penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.193, eff. September 1, 2015.|
TX Occ Code § 604.309 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.309. Determination of Court

Sec. 604.309.  DETERMINATION OF COURT.  (a)  If 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.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 604.310 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 604 - Respiratory Care Practitioners|Subchapter F. Administrative Penalties|Section 604.310. Remittance of Penalty and Interest

Sec. 604.310.  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;(2)  order the release of the escrow account in full if the penalty is not imposed or order that the amount of a reduced penalty be paid from the escrow account and that the remainder of the account be released if the person paid the penalty into an escrow account;  or(3)  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 shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|