Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 190 - DISCIPLINARY GUIDELINES › Subchapter C - SANCTION GUIDELINES › Section 190.14 - Disciplinary Sanction Guidelines

Current through Reg. 49, No. 28; July 12, 2024
These disciplinary sanction guidelines are designed to
					 provide guidance in assessing sanctions for violations of the Medical Practice
					 Act. The ultimate purpose of disciplinary sanctions is to protect the public,
					 deter future violations, offer opportunities for rehabilitation if appropriate,
					 punish violators, and deter others from violations. These guidelines are
					 intended to promote consistent sanctions for similar violations, facilitate
					 timely resolution of cases, and encourage settlements.
(1) The standard sanctions outlined in
				  paragraph (9) of this section provide a range from "Low Sanction" to "High
				  Sanction" based upon any aggravating or mitigating factors that are found to
				  apply in a particular case. The board may impose more restrictive sanctions
				  when there are multiple violations of the Act. The board may impose more or
				  less severe or restrictive sanctions, based on any aggravating and/or
				  mitigating factors listed in §
										190.15
				  of this chapter (relating to Aggravating and Mitigating Factors) that are found
				  to apply in a particular case.
(2)
				  The minimum sanctions outlined in paragraph (9) of this section are applicable
				  to first time violators. In accordance with §164.001(g)(2) of the Act, the
				  board shall consider revoking the person's license if the person is a repeat
				  offender.
(3) The sanctions
				  outlined in paragraph (9) of this section are based on the conclusion stated in
				  §164.001(j) of the Act that a violation related directly to patient care
				  is more serious than one that involves only an administrative violation. An
				  administrative violation may be handled informally in accordance with §
										187.14(7)
				  of this title (relating to Informal Resolutions of Violations). Administrative
				  violations may be more or less serious, depending on the nature of the
				  violation. Administrative violations that are considered by the board to be
				  more serious are designated as being an "aggravated administrative
				  violation."
(4) The maximum
				  sanction in all cases is revocation of the licensee's license, which may be
				  accompanied by an administrative penalty of up to $5,000 per violation. In
				  accordance with §165.003 of the Act, each day the violation continues is a
				  separate violation.
(5) Each
				  statutory violation constitutes a separate offense, even if arising out of a
				  single act.
(6) If the licensee
				  acknowledges a violation and agrees to comply with terms and conditions of
				  remedial action through an agreed order, the standard sanctions may be
				  reduced.
(7) Any panel action that
				  falls outside the guideline range shall be reviewed and voted on individually
				  by the board at a regular meeting.
(8) For any violation of the Act that is not
				  specifically mentioned in this rule, the board shall apply a sanction that
				  generally follows the spirit and scheme of the sanctions outlined in this
				  rule.
(9) The following standard
				  sanctions shall apply to violations of the Act:
Attached Graphic