reglab/housing_qa huggingface dataset:
TX Occ Code § 301.507 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.507. Options Following Decision: Pay or Appeal

Sec. 301.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:(1)  pay the administrative 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 that is approved by the court and that:(i)  is for the amount of the penalty;  and(ii)  is effective until judicial review of the board's 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 executive director by certified mail.(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director 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.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.508 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.508. Collection of Penalty

Sec. 301.508.  COLLECTION OF PENALTY.  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the executive director 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.|
TX Occ Code § 301.509 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.509. Determination by Court

Sec. 301.509.  DETERMINATION BY COURT.  (a)  If a 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 § 301.510 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.510. Remittance of Penalty and Interest

Sec. 301.510.  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 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.|
TX Occ Code § 301.511 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.511. Administrative Procedure

Sec. 301.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.551 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter L. Other Penalties and Enforcement Provisions|Section 301.551. Injunction

Sec. 301.551.  INJUNCTION.  (a)  In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this chapter or a board rule.(b)  To obtain an injunction under this section, it is not necessary to allege or prove that:(1)  an adequate remedy at law does not exist;  or(2)  substantial or irreparable damage would result from the continued violation.(c)  Notwithstanding Subsection (b), in a proceeding for an injunction under Subsection (a), the defendant may assert and prove as a complete defense to the action that the board's actions or proceedings were:(1)  arbitrary or capricious;(2)  contrary to legal requirements;  or(3)  conducted without due process of law.(d)  Either party to an action under Subsection (a) may appeal.  The board is not required to give an appeal bond in a cause arising under this section.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.552 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter L. Other Penalties and Enforcement Provisions|Section 301.552. Monitoring of License Holder

Sec. 301.552.  MONITORING OF LICENSE HOLDER.  The board by rule shall develop a system for monitoring the compliance of license holders with the requirements of this chapter.  Rules adopted under this section must include procedures to:(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts;  and(2)  identify and monitor each license holder who represents a risk to the public.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.553 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter L. Other Penalties and Enforcement Provisions|Section 301.553. Civil Penalty

Sec. 301.553.  CIVIL PENALTY.  (a)  A person who violates Section 301.451 or Section 301.251 is liable to the state for a civil penalty not to exceed $1,000 a day.(b)  The civil penalty may be collected in a suit initiated by the board.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.554 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter L. Other Penalties and Enforcement Provisions|Section 301.554. Criminal Penalty

Sec. 301.554.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 301.451 or Section 301.251.(b)  An offense under Subsection (a) is a Class A misdemeanor, except that if it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a), the offense is a felony of the third degree.(c)  Each day of violation constitutes a separate offense.(d)  On final conviction of an offense under Subsection (a), the defendant forfeits all rights and privileges conferred by a license issued under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.555 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter L. Other Penalties and Enforcement Provisions|Section 301.555. Appeal

Sec. 301.555.  APPEAL.  (a)  A person against whom the board has taken adverse action under this chapter may appeal to a district court in the county of the person's residence or in Travis County.(b)  The board's decision may not be enjoined or stayed except on application to the district court after notice to the board.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.601 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.601. Definition

Sec. 301.601.  DEFINITION.  In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ambulatory surgical center.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.|
TX Occ Code § 301.602 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.602. Rules

Sec. 301.602.  RULES.  (a)  The board by rule shall establish minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board.(b)  The rules adopted under this section must be designed to protect the health, safety, and welfare of the public and include requirements relating to:(1)  general anesthesia, regional anesthesia, and monitored anesthesia care;(2)  patient assessment, counseling, and preparation;(3)  patient monitoring to be performed and equipment to be used during a procedure and during post-procedure monitoring;(4)  emergency procedures, drugs, and equipment, including education, training, and certification of personnel, as appropriate, and including protocols for transfers to a hospital;(5)  the documentation necessary to demonstrate compliance with this subchapter;  and(6)  the period in which protocols or procedures covered by rules of the board shall be reviewed, updated, or amended.(c)  The board shall cooperate with the Texas State Board of Medical Examiners in adopting rules under this subchapter to eliminate, to the extent possible, conflicts between the rules adopted by each board.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.|
TX Occ Code § 301.603 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.603. Applicability

Sec. 301.603.  APPLICABILITY.  Rules adopted by the board under Section 301.602 do not apply to:(1)  an outpatient setting in which only local anesthesia, peripheral nerve blocks, or both are used;(2)   a licensed hospital, including an outpatient facility of the hospital that is located separate from the hospital;(3)  a licensed ambulatory surgical center;(4)  a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. Section 479a-1 or as listed under a successor federal statute or regulation;(5)  a facility maintained or operated by a state or local governmental entity;(6)  a clinic directly maintained or operated by the United States; or(7)  an outpatient setting accredited by:(A)  the Joint Commission on Accreditation of Healthcare Organizations relating to ambulatory surgical centers;(B)  the American Association for the Accreditation of Ambulatory Surgery Facilities; or(C)  the Accreditation Association for Ambulatory Health Care.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 14, eff. May 20, 2005.|
TX Occ Code § 301.604 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.604. Registration Required

Sec. 301.604.  REGISTRATION REQUIRED.  (a)  The board shall require each certified registered nurse anesthetist who provides anesthesia services in an outpatient setting to register biennially by applying to the board on a form prescribed by the board and paying to the board a fee in an amount established by the board.(b)  The board shall coordinate the registration required under this section with the license renewal requirements of Subchapter G so that the times of registration, payment, notice, and imposition of penalties for late payment are similar and provide a minimal administrative burden for the board and certified registered nurse anesthetists.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.|
TX Occ Code § 301.605 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.605. Compliance With Rules

Sec. 301.605.  COMPLIANCE WITH RULES.  (a)  A certified registered nurse anesthetist providing anesthesia services in an outpatient setting shall comply with the rules adopted by the board under Section 301.602.(b)  The board may require a certified registered nurse anesthetist to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the nurse anesthetist's provision of anesthesia in an outpatient setting in accordance with this chapter or board rule.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.|
TX Occ Code § 301.606 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.606. Inspections

Sec. 301.606.  INSPECTIONS.  (a)  The board may conduct inspections to enforce this subchapter, including inspections of the equipment owned or leased by a certified registered nurse anesthetist and of documents of a certified registered nurse anesthetist's practice that relate to providing anesthesia in an outpatient setting.  The board may contract with another state agency or qualified person to conduct these inspections.(b)  Unless it would jeopardize an ongoing investigation, the board must provide notice at least five business days before the date of conducting an on-site inspection under this section.(c)  This section does not require the board to make an on-site inspection of an outpatient setting in which a certified registered nurse anesthetist provides anesthesia.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.|
TX Occ Code § 301.607 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter M. Anesthesia in Outpatient Setting|Section 301.607. Requests for Inspection and Advisory Opinions

Sec. 301.607.  REQUESTS FOR INSPECTION AND ADVISORY OPINIONS.  (a)  The board may consider a request by a certified registered nurse anesthetist for an inspection of equipment owned or leased by the nurse anesthetist and of documents of the nurse anesthetist's practice that relate to the provision of anesthesia in an outpatient setting.  The board, on payment of a fee set by the board, may conduct the requested inspection and issue an advisory opinion.(b)  An advisory opinion issued by the board under this section is not binding on the board.  Except as provided by Subsection (c), the board may take any action under this chapter relating to the situation addressed by the advisory opinion as the board considers appropriate.(c)  A certified registered nurse anesthetist who requests and relies on a board advisory opinion may use the opinion as mitigating evidence in an action or proceeding by the board to impose an administrative penalty or to assess a fine under this chapter.  On receipt of proof of reliance on an advisory opinion, the board shall consider the reliance and mitigate imposition of an administrative penalty or assessment of a fine accordingly.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.|
TX Occ Code § 301.651 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.651. Definitions

Sec. 301.651.  DEFINITIONS.  In this subchapter:(1)  "Corrective action" means a fine or remedial education imposed under Section 301.652.(2)  "Deferred action" means an action against a person licensed or regulated under this chapter that is deferred by the board as provided by this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 12, eff. September 1, 2013.|
TX Occ Code § 301.652 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.652. Imposition of Corrective Action

Sec. 301.652.  IMPOSITION OF CORRECTIVE ACTION.  (a)  The board may impose a corrective action on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.  The corrective action:(1)  may be a fine, remedial education, or any combination of a fine or remedial education;(2)  is not a disciplinary action under Subchapter J; and(3)  is subject to disclosure only to the extent a complaint is subject to disclosure under Section 301.466.(b)  The board by rule shall adopt guidelines for the types of violations for which a corrective action may be imposed.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 301.653 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.653. Report and Notice of Violation and Corrective Action

Sec. 301.653.  REPORT AND NOTICE OF VIOLATION AND CORRECTIVE ACTION.  If the executive director determines that a person has committed a violation for which a corrective action may be imposed under the guidelines adopted under Section 301.652(b), the executive director may give written notice of the determination and recommendation for corrective action to the person subject to the corrective action.  The notice may be given by certified mail.  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the recommended corrective action; and(3)  inform the person of the person's options in responding to the notice.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 301.654 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.654. Response

Sec. 301.654.  RESPONSE.  Not later than the 20th day after the date the person receives the notice under Section 301.653, the person may:(1)  accept in writing the executive director's determination and recommended corrective action; or(2)  reject the executive director's determination and recommended corrective action.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 301.655 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.655. Action Following Response

Sec. 301.655.  ACTION FOLLOWING RESPONSE.  (a)  If the person accepts the executive director's determination and satisfies the recommended corrective action, the case is closed.(b)  If the person does not accept the executive director's determination and recommended corrective action as originally proposed or as modified by the board or fails to respond in a timely manner to the executive director's notice as provided by Section 301.654, the executive director shall:(1)  terminate corrective action proceedings; and(2)  dispose of the matter as a complaint under Subchapter J.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 13, eff. September 1, 2013.|
TX Occ Code § 301.6555 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.6555. Deferred Action

Sec. 301.6555.  DEFERRED ACTION.  (a)  For any action or complaint for which the board proposes to impose on a person a sanction other than a reprimand or a denial, suspension, or revocation of a license, the board may:(1)  defer the final action the board has proposed if the person conforms to conditions imposed by the board, including any condition the board could impose as a condition of probation under Section 301.468; and(2)  if the person successfully meets the imposed conditions, dismiss the complaint.(b)  Except as provided by this subsection, a deferred action by the board is not confidential and is subject to disclosure in accordance with Chapter 552, Government Code.  If the person successfully meets the conditions imposed by the board in deferring final action and the board dismisses the action or complaint, the deferred action of the board is confidential to the same extent as a complaint is confidential under Section 301.466.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 14, eff. September 1, 2013.|
TX Occ Code § 301.656 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.656. Report to Board

Sec. 301.656.  REPORT TO BOARD.  The executive director shall report periodically to the board on the corrective or deferred actions imposed under this subchapter, including:(1)  the number of actions imposed; and(2)  the types of violations for which actions were imposed.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 15, eff. September 1, 2013.|
TX Occ Code § 301.657 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter N. Corrective Action Proceeding and Deferred Action|Section 301.657. Effect on Acceptance of Corrective or Deferred Action

Sec. 301.657.  EFFECT ON ACCEPTANCE OF CORRECTIVE OR DEFERRED ACTION.  (a)  Except to the extent provided by this section, a person's acceptance of a corrective or deferred action under this subchapter does not constitute an admission of a violation but does constitute a plea of nolo contendere.(b)  The board may treat a person's acceptance of corrective or deferred action as an admission of a violation if the board imposes a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter.(c)  The board may consider a corrective or deferred action taken against a person to be a prior disciplinary action under this chapter when imposing a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 16, eff. September 1, 2013.|