reglab/housing_qa huggingface dataset:
TX Occ Code § 205.3523 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.3523. Physical or Mental Examination

Sec. 205.3523.  PHYSICAL OR MENTAL EXAMINATION.  (a)  The acupuncture board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the board to evaluate circumstances in which an acupuncturist or applicant may be required to submit to an examination for mental or physical health conditions, alcohol and substance abuse, or professional behavior problems.(b)  The acupuncture board shall refer an acupuncturist or applicant with a physical or mental health condition to the most appropriate medical specialist.  The acupuncture board may not require an acupuncturist or applicant to submit to an examination by a physician having a specialty specified by the board unless medically indicated.  The acupuncture board may not require an acupuncturist or applicant to submit to an examination to be conducted an unreasonable distance from the person's home or place of business unless the acupuncturist or applicant resides and works in an area in which there are a limited number of physicians able to perform an appropriate examination.(c)  The guidelines adopted under this section do not impair or remove the acupuncture board's power to make an independent licensing decision.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.20, eff. September 1, 2005.|
TX Occ Code § 205.354 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.354. Rules for Disciplinary Proceedings

Sec. 205.354.  RULES FOR DISCIPLINARY PROCEEDINGS.  Rules of practice adopted by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.3541 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.3541. Informal Proceedings

Sec. 205.3541.  INFORMAL PROCEEDINGS.  (a)  The acupuncture 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 not later than the 180th day after the date the complaint is filed with the acupuncture board, unless good cause is shown by the acupuncture board for scheduling the informal meeting after that date;(2)  the acupuncture board give notice to the license holder of the time and place of the meeting not later than the 30th day before the date the meeting is held;(3)  the complainant and the license holder be provided an opportunity to be heard;(4)  at least one of the acupuncture board members participating in the informal meeting as a panelist be a member who represents the public;(5)  the acupuncture board's legal counsel or a representative of the attorney general be present to advise the acupuncture board or the medical board's staff; and(6)  an employee of the medical board be at the meeting to present to the acupuncture board's representative the facts the medical board staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing.(c)  An affected acupuncturist is entitled, orally or in writing, to:(1)  reply to the staff's presentation; and(2)  present the facts the acupuncturist reasonably believes the acupuncturist could prove by competent evidence or qualified witnesses at a hearing.(d)  After ample time is given for the presentations, the acupuncture board panel 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 license holder has previously been the subject of disciplinary action by the acupuncture board, the acupuncture board shall schedule the informal meeting as soon as practicable but not later than the deadline prescribed by Subsection (b)(1). |Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.21, eff. September 1, 2005.|
TX Occ Code § 205.3542 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.3542. Acupuncture Board Representation in Informal Proceedings

Sec. 205.3542.  ACUPUNCTURE BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal proceeding under Section 205.3541, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.(b)  Notwithstanding Subsection (a) and Section 205.3541(b)(4), an informal proceeding may be conducted by one panelist if the affected acupuncturist waives the requirement that at least two panelists conduct the informal proceeding.  If the acupuncturist waives that requirement, the panelist may be any member of the acupuncture board.(c)  The panel requirements described by Subsection (a) apply to an informal proceeding conducted by the acupuncture board under Section 205.3541, 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 Subsection (a) do not apply to an informal proceeding conducted by the acupuncture board under Section 205.3541 to show compliance with an order of the acupuncture board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.22, eff. September 1, 2005.|
TX Occ Code § 205.3544 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.3544. Limit on Access to Investigation Files

Sec. 205.3544.  LIMIT ON ACCESS TO INVESTIGATION FILES.  The acupuncture board shall prohibit or limit access to an investigation file relating to a license holder in an informal proceeding in the manner provided by Section 164.007(c). |Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.24, eff. September 1, 2005.|
TX Occ Code § 205.355 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.355. Required Disciplinary Action for Failure to Obtain Referral

Sec. 205.355.  REQUIRED DISCIPLINARY ACTION FOR FAILURE TO OBTAIN REFERRAL.  Except as provided by Section 205.301(a)(2), a license to practice acupuncture shall be denied or, after notice and hearing, revoked if the applicant or license holder violates Section 205.301(a)(1).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.356 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.356. Rehabilitation Order

Sec. 205.356.  REHABILITATION ORDER.  (a)  The acupuncture board, through an agreed order or after a contested proceeding, may impose a nondisciplinary rehabilitation order on an applicant, as a prerequisite for issuing a license, or on a license holder based on:(1)  the person's intemperate use of drugs or alcohol directly resulting from habituation or addiction caused by medical care or treatment provided by a physician;(2)  the person's intemperate use of drugs or alcohol during the five years preceding the date of the report that could adversely affect the person's ability to safely practice as an acupuncturist, if the person:(A)  reported the use;(B)  has not previously been the subject of a substance abuse related order of the acupuncture board; and(C)  did not violate the standard of care as a result of the impairment;(3)  a judgment by a court that the person is of unsound mind; or(4)  the results of a mental or physical examination, or an admission by the person, indicating that the person suffers from a potentially dangerous limitation or an inability to practice as an acupuncturist with reasonable skill and safety by reason of illness or as a result of any physical or mental condition.(b)  The acupuncture board may not issue an order under this section if, before the individual signs the proposed order, the board receives a valid complaint with regard to the individual based on the individual's intemperate use of drugs or alcohol in a manner affecting the standard of care.(c)  The acupuncture board must determine whether an individual has committed a standard of care violation described by Subsection (a)(2) before imposing an order under this section.(d)  The acupuncture board may disclose a rehabilitation order to a local or statewide private acupuncture association only as provided by Section 205.3562.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.25, eff. September 1, 2005.|
TX Occ Code § 205.3561 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.3561. Expert Immunity

Sec. 205.3561.  EXPERT IMMUNITY.  An expert who assists the acupuncture 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 without fraud or malice in the course of assisting the board in a disciplinary proceeding.  The attorney general shall represent the expert in any suit resulting from a service provided by the expert in good faith to the acupuncture board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.26, eff. September 1, 2005.|
TX Occ Code § 205.3562 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.3562. Responsibilities of Private Associations

Sec. 205.3562.  RESPONSIBILITIES OF PRIVATE ASSOCIATIONS.  (a)  If a rehabilitation order imposed under Section 205.356 requires a license holder to participate in activities or programs provided by a local or statewide private acupuncture association, the acupuncture board shall inform the association of the license holder's duties under the order.  The information provided under this section must include specific guidance to enable the association to comply with any requirements necessary to assist in the acupuncturist's rehabilitation.(b)  The acupuncture board may provide to the association any information that the board determines to be necessary, including a copy of the rehabilitation order.  Any information received by the association remains confidential, is not subject to discovery, subpoena, or other means of legal compulsion, and may be disclosed only to the acupuncture board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.26, eff. September 1, 2005.|
TX Occ Code § 205.357 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.357. Effect of Rehabilitation Order

Sec. 205.357.  EFFECT OF REHABILITATION ORDER.  (a)  A rehabilitation order imposed under Section 205.356 is a nondisciplinary private order.  If entered by agreement, the order is an agreed disposition or settlement agreement for purposes of civil litigation and is exempt from the open records law.(b)  A rehabilitation order imposed under Section 205.356 must contain findings of fact and conclusions of law.  The order may impose a revocation, cancellation, suspension, period of probation or restriction, or any other term authorized by this chapter or agreed to by the acupuncture board and the person subject to the order.(c)  A violation of a rehabilitation order may result in disciplinary action under the provisions of this chapter for contested matters or the terms of the agreed order.(d)  A violation of a rehabilitation order is grounds for disciplinary action based on:(1)  unprofessional or dishonorable conduct;  or(2)  any provision of this chapter that applies to the conduct resulting in the violation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.358 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.358. Audit of Rehabilitation Order

Sec. 205.358.  AUDIT OF REHABILITATION ORDER.  (a)  The acupuncture board shall keep rehabilitation orders imposed under Section 205.356 in a confidential file.  The file is subject to an independent audit to ensure that only qualified license holders are subject to rehabilitation orders.  The audit shall be conducted by a state auditor or private auditor with whom the acupuncture board contracts to perform the audit.(b)  An audit may be performed at any time at the direction of the acupuncture board.  The acupuncture board shall ensure that an audit is performed at least once in each three-year period.(c)  The audit results are a matter of public record and shall be reported in a manner that maintains the confidentiality of each license holder who is subject to a rehabilitation order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.359 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.359. Subpoena

Sec. 205.359.  SUBPOENA.  (a)  On behalf of the acupuncture board, the executive director of the medical board or the presiding officer of the acupuncture board may issue a subpoena or subpoena duces tecum:(1)  for purposes of an investigation or contested proceeding related to:(A)  alleged misconduct by an acupuncturist;  or(B)  an alleged violation of this chapter or other law related to practice as an acupuncturist or to the provision of health care under the authority of this chapter;  and(2)  to determine whether to:(A)  issue, suspend, restrict, revoke, or cancel a license authorized by this chapter;  or(B)  deny or grant an application for a license under this chapter.(b)  Failure to timely comply with a subpoena issued under this section is a ground for:(1)  disciplinary action by the acupuncture board or any other licensing or regulatory agency with jurisdiction over the individual or entity subject to the subpoena;  and(2)  denial of a license application.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.360 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.360. Delegation of Certain Complaint Dispositions

Sec. 205.360.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The acupuncture 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 acupuncture board at a public meeting.(b)  A complaint delegated under this section shall be referred for informal proceedings under Section 205.3541 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 acupuncturist requests that the complaint be referred for informal proceedings.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.27, eff. September 1, 2005.|
TX Occ Code § 205.361 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.361. Temporary Suspension

Sec. 205.361.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the acupuncture board, with that board's approval, shall appoint a three-member disciplinary panel consisting of acupuncture board members to determine whether a person's license to practice as an acupuncturist should be temporarily suspended.(b)  If the disciplinary panel determines from the information presented to the panel that a person licensed to practice as an acupuncturist would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the license of that person.(c)  A license may be suspended under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a hearing before the acupuncture board is initiated simultaneously with the temporary suspension; and(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the disciplinary panel.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.28, eff. September 1, 2005.|
TX Occ Code § 205.362 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.362. Cease and Desist Order

Sec. 205.362.  CEASE AND DESIST ORDER.  (a)  If it appears to the acupuncture board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of acupuncture, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Section 205.352.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.29, eff. September 1, 2005.|
TX Occ Code § 205.363 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.363. Refund

Sec. 205.363.  REFUND.  (a)  Subject to Subsection (b), the acupuncture board may order a license 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 this subchapter.(b)  The amount of a refund ordered under Subsection (a) may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The acupuncture board may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.30, eff. September 1, 2005.|
TX Occ Code § 205.364 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter H. Disciplinary Procedures|Section 205.364. Modification of Findings or Rulings by Administrative Law Judge

Sec. 205.364.  MODIFICATION OF FINDINGS OR RULINGS BY ADMINISTRATIVE LAW JUDGE.  The acupuncture board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge only if the acupuncture board makes a determination required by Section 2001.058(e), Government Code.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.31, eff. September 1, 2005.|
TX Occ Code § 205.401 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter I. Criminal Penalties and Other Enforcement Provisions|Section 205.401. Criminal Penalty

Sec. 205.401.  CRIMINAL PENALTY.  (a)  Except as provided by Section 205.303, a person commits an offense if the person practices acupuncture in this state without a license issued under this chapter.(b)  Each day a person practices acupuncture in violation of Subsection (a) constitutes a separate offense.(c)  An offense under Subsection (a) is a felony of the third degree.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.402 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter I. Criminal Penalties and Other Enforcement Provisions|Section 205.402. Injunctive Relief; Civil Penalty

Sec. 205.402.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The acupuncture board, the attorney general, or a district or county attorney may bring a civil action to compel compliance with this chapter or to enforce a rule adopted under this chapter.(b)  In addition to injunctive relief or any other remedy provided by law, a person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty in an amount not to exceed $2,000 for each violation.(c)  Each day a violation continues or occurs is a separate violation for purposes of imposing a civil penalty.(d)  The attorney general, at the request of the acupuncture board or on the attorney general's own initiative, may bring a civil action to collect a civil penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.32, eff. September 1, 2005.|
TX Occ Code § 205.451 (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 205.451. Imposition of Administrative Penalty

Sec. 205.451.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The acupuncture board by order may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|
TX Occ Code § 205.452 (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 205.452. Procedure

Sec. 205.452.  PROCEDURE.  (a)  The acupuncture board by rule shall prescribe the procedure by which it may impose an administrative penalty.(b)  A proceeding under this subchapter is subject to Chapter 2001, Government Code.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.|