reglab/housing_qa huggingface dataset:
TX Occ Code § 204.312 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.312. Informal Proceedings

Sec. 204.312.  INFORMAL PROCEEDINGS.  (a)  The physician assistant 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 physician assistant board, unless good cause is shown by the physician assistant board for scheduling the informal meeting after that date;(2)  the physician assistant 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 physician assistant board members participating in the informal meeting as a panelist be a member who represents the public;(5)  the physician assistant board's legal counsel or a representative of the attorney general be present to advise the physician assistant board or the medical board's staff; and(6)  a member of the medical board's staff be at the meeting to present to the physician assistant board's representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing.(c)  An affected physician assistant is entitled to:(1)  reply to the staff's presentation; and(2)  present the facts the physician assistant reasonably believes the physician assistant could prove by competent evidence or qualified witnesses at a hearing.(d)  After ample time is given for the presentations, the physician assistant 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 license holder has previously been the subject of disciplinary action by the physician assistant board, the physician assistant 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. 2.27, eff. September 1, 2005.|
TX Occ Code § 204.313 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.313. Physician Assistant Board Representation in Informal Proceedings

Sec. 204.313.  PHYSICIAN ASSISTANT BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal meeting under Section 204.312, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.  At least one of the panelists must be a licensed physician assistant.(b)  Notwithstanding Subsection (a) and Section 204.312(b)(4), an informal proceeding may be conducted by one panelist if the affected physician assistant waives the requirement that at least two panelists conduct the informal proceeding.  If the physician assistant waives that requirement, the panelist may be any member of the physician assistant board.(c)  The panel requirements described by Subsections (a) and (b) apply to an informal proceeding conducted by the physician assistant board under Section 204.312, 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 physician assistant board under Section 204.312 to show compliance with an order of the physician assistant board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.28, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 928 (S.B. 1625), Sec. 10, eff. September 1, 2017.|
TX Occ Code § 204.3145 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.3145. Limit on Access to Investigation Files

Sec. 204.3145.  LIMIT ON ACCESS TO INVESTIGATION FILES.  The physician assistant 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. 2.29, eff. September 1, 2005.|
TX Occ Code § 204.315 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.315. Surrender of License

Sec. 204.315.  SURRENDER OF LICENSE.  (a)  The physician assistant board may accept the voluntary surrender of a license.(b)  A surrendered license may not be returned to the license holder unless the physician assistant board determines, under physician assistant board rules, that the former holder of the license is competent to resume practice.(c)  The physician assistant board by rule shall establish guidelines for determining the competency of a former license holder to return to practice.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.30, eff. September 1, 2005.|
TX Occ Code § 204.316 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.316. Refund

Sec. 204.316.  REFUND.  (a)  Subject to Subsection (b), the physician assistant 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 Section 204.351.(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 license holder for a service regulated by this chapter.  The physician assistant 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. 2.31, eff. September 1, 2005.|
TX Occ Code § 204.317 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.317. Modification of Findings or Rulings by Administrative Law Judge

Sec. 204.317.  MODIFICATION OF FINDINGS OR RULINGS BY ADMINISTRATIVE LAW JUDGE.  The physician assistant 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 physician assistant board makes a determination required by Section 2001.058(e), Government Code.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.32, eff. September 1, 2005.|
TX Occ Code § 204.318 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter G. Disciplinary Proceedings|Section 204.318. Expert Immunity

Sec. 204.318.  EXPERT IMMUNITY.  An expert who assists the physician assistant 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 person in good faith to the physician assistant board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.33, eff. September 1, 2005.|
TX Occ Code § 204.351 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter H. Penalties and Other Enforcement Provisions|Section 204.351. Administrative Penalty

Sec. 204.351.  ADMINISTRATIVE PENALTY.  (a)  The physician assistant board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.(b)  The penalty may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(c)  The physician assistant board shall base the amount of the penalty on:(1)  the severity of patient harm;(2)  the severity of economic harm to any person;(3)  the severity of any environmental harm;(4)  increased potential for harm to the public;(5)  any attempted concealment of misconduct;(6)  any premeditated or intentional misconduct;(7)  the motive for the violation;(8)  prior misconduct of a similar or related nature;(9)  the license holder's disciplinary history;(10)  prior written warnings or written admonishments from any government agency or official regarding statutes or regulations relating to the misconduct;(11)  violation of a board order;(12)  failure to implement remedial measures to correct or mitigate harm from the misconduct;(13)  lack of rehabilitative potential or likelihood of future misconduct of a similar nature;(14)  relevant circumstances increasing the seriousness of the misconduct;  and(15)  any other matter that justice may require.(d)  The physician assistant board by rule shall prescribe the procedure by which it may impose an administrative penalty.  A proceeding under this section is subject to Chapter 2001, Government Code.(e)  If the physician assistant board by order determines that a violation has occurred and imposes an administrative penalty, the board shall give notice to the person of the board's order.  The notice must include 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.|
TX Occ Code § 204.352 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter H. Penalties and Other Enforcement Provisions|Section 204.352. Criminal Penalty

Sec. 204.352.  CRIMINAL PENALTY.  (a)  A person commits an offense if, without holding a license issued under this chapter, the person:(1)  holds the person out as a physician assistant;(2)  uses any combination or abbreviation of the term "physician assistant" to indicate or imply that the person is a physician assistant;  or(3)  acts as a physician assistant.(b)  An offense under this section is a felony of the third degree.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 204.353 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 204 - Physician Assistants|Subchapter H. Penalties and Other Enforcement Provisions|Section 204.353. Cease and Desist Order

Sec. 204.353.  CEASE AND DESIST ORDER.  (a)  If it appears to the physician assistant 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 physician assistant practice, 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 this subchapter.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.35, eff. September 1, 2005.|
TX Occ Code § 205.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter A. General Provisions|Section 205.001. Definitions

Sec. 205.001.  DEFINITIONS.  In this chapter:(1)  "Acudetox specialist" means a person certified under Section 205.303.(2)  "Acupuncture" means:(A)  the nonsurgical, nonincisive insertion of an acupuncture needle and the application of moxibustion to specific areas of the human body as a primary mode of therapy to treat and mitigate a human condition, including evaluation and assessment of the condition;  and(B)  the administration of thermal or electrical treatments or the recommendation of dietary guidelines, energy flow exercise, or dietary or herbal supplements in conjunction with the treatment described by Paragraph (A).(3)  "Acupuncture board" means the Texas State Board of Acupuncture Examiners.(4)  "Acupuncturist" means a person who:(A)  practices acupuncture;  and(B)  directly or indirectly charges a fee for the performance of acupuncture services.(5)  "Chiropractor" means a person licensed to practice chiropractic by the Texas Board of Chiropractic Examiners.(6)  "Executive director" means the executive director of the Texas Medical Board.(7)  "Medical board" means the Texas Medical Board.(8)  "Physician" means a person licensed to practice medicine by the Texas Medical Board.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 719, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.01, eff. September 1, 2005.|
TX Occ Code § 205.003 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter A. General Provisions|Section 205.003. Exemption; Limitation

Sec. 205.003.  EXEMPTION;  LIMITATION.  (a)  This chapter does not apply to a health care professional licensed under another statute of this state and acting within the scope of the license.(b)  This chapter does not:(1)  limit the practice of medicine by a physician;(2)  permit the unauthorized practice of medicine;  or(3)  permit a person to dispense, administer, or supply a controlled substance, narcotic, or dangerous drug unless the person is authorized by other law to do so.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.051 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter B. Texas State Board of Acupuncture Examiners|Section 205.051. Board; Membership

Sec. 205.051.  BOARD;  MEMBERSHIP.  (a)  The Texas State Board of Acupuncture Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:(1)  four acupuncturist members who have at least five years of experience in the practice of acupuncture in this state and who are not physicians;(2)  two physician members experienced in the practice of acupuncture; and(3)  three members of the general public who are not licensed or trained in a health care profession.(b)  Appointments to the acupuncture board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.02, eff. September 1, 2005.|
TX Occ Code § 205.052 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter B. Texas State Board of Acupuncture Examiners|Section 205.052. Public Member Eligibility

Sec. 205.052.  PUBLIC MEMBER ELIGIBILITY.  A person is not eligible for appointment as a public member of the acupuncture board if the person or the person's spouse:(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of health care;(2)  is employed by or participates in the management of a business entity or other organization regulated by the medical board or receiving funds from the medical board or acupuncture board;(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the medical board or acupuncture board or receiving funds from the medical board;(4)  uses or receives a substantial amount of tangible goods, services, or funds from the medical board or acupuncture board, other than compensation or reimbursement authorized by law for acupuncture board membership, attendance, or expenses;  or(5)  owns, operates, or has a financial interest in a school of acupuncture.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(a), eff. Sept. 1, 2001.|
TX Occ Code § 205.053 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter B. Texas State Board of Acupuncture Examiners|Section 205.053. Membership and Employee Restrictions

Sec. 205.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide 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)  An officer, board member, employee, or paid consultant of a Texas trade association in the field of health care may not be a member of the acupuncture board or an employee of the medical board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.(c)  A person may not be a member of the acupuncture board and may not be a medical board employee in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.(d)  A person may not be a member of the acupuncture board or act as general counsel to the acupuncture board or the medical board 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 operation of the medical board or acupuncture board.(e)  A person may not serve on the acupuncture board if the person owns, operates, or has a financial interest in a school of acupuncture.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(b), eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.03, eff. September 1, 2005.|
TX Occ Code § 205.054 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter B. Texas State Board of Acupuncture Examiners|Section 205.054. Terms; Vacancies

Sec. 205.054.  TERMS;  VACANCIES.  (a)  Members of the acupuncture board serve staggered six-year terms.  The terms of three members expire on January 31 of each odd-numbered year.(b)  A vacancy on the acupuncture board shall be filled by appointment of the governor.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 205.055 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter B. Texas State Board of Acupuncture Examiners|Section 205.055. Presiding Officer

Sec. 205.055.  PRESIDING OFFICER.  The governor shall designate an acupuncturist member of the acupuncture board as presiding officer.  The presiding officer serves in that capacity at the will of the governor.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.04, eff. September 1, 2005.|
TX Occ Code § 205.056 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 205 - Acupuncture|Subchapter B. Texas State Board of Acupuncture Examiners|Section 205.056. Grounds for Removal

Sec. 205.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the acupuncture board that a member:(1)  does not have at the time of appointment the qualifications required by Sections 205.051 and 205.052;(2)  does not maintain during service on the acupuncture board the qualifications required by Sections 205.051 and 205.052;(3)  violates a prohibition established by Section 205.053;(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or(5)  is absent from more than half of the regularly scheduled acupuncture board meetings that the member is eligible to attend during a calendar year.(b)  The validity of an action of the acupuncture board is not affected by the fact that it is taken when a ground for removal of an acupuncture board member exists.(c)  If the executive director has knowledge that a potential ground for removal of an acupuncture board member exists, the executive director shall notify the presiding officer of the acupuncture board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest officer of the acupuncture board, who shall notify the governor and the attorney general that a potential ground for removal exists.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|