Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.18 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				§205.352 of the Act and Chapter 165 of the Medical Practice Act, the board
				by order may impose an administrative penalty, subject to the provisions of the
				APA, against a person licensed or regulated under the Act who violates the Act
				or a rule or order adopted under the Act. The imposition of such a penalty
				shall be consistent with the requirements of the Act and the APA.
(b) The penalty for a violation 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) Prior to the imposition of an
				administrative penalty by board order, a person must be given notice and
				opportunity to respond and present evidence and argument on each issue that is
				the basis for the proposed administrative penalty at a show compliance
				proceeding.
(d) The amount of the
				penalty shall be based on the factors set forth under Chapter 190 of this title
				(relating to Disciplinary Guidelines).
(e) If the board by order determines that a
				violation has occurred and imposes an administrative penalty on a person
				licensed or regulated under the Act, the board shall give notice to the person
				of the board's order which shall include a statement of the right of the person
				to seek judicial review of the order.
(f) An administrative penalty may be imposed
				under this section for the following:
(1)
				failure to timely comply with a board subpoena issued by the board shall be
				grounds for the imposition of an administrative penalty of no less than $100
				and no more than $5,000 for each separate violation;
(2) failure to timely comply with the terms,
				conditions, or requirements of a board order shall be grounds for imposition of
				an administrative penalty of no less than $100 and no more than $5,000 for each
				separate violation;
(3) failure to
				timely report a change of address to the board shall be grounds for imposition
				of an administrative penalty of no less than $100 and no more than $5,000 for
				each separate violation;
(4)
				failure to timely respond to a patient's communications shall be grounds for
				imposition of an administrative penalty of no less than $100 and no more than
				$5,000 for each separate violation;
(5) failure to comply with the complaint
				procedure notification requirements as set forth in §
										183.11
				of this chapter (relating to Complaint Procedure Notification) shall be grounds
				for imposition of an administrative penalty of no less than $100 and no more
				than $5,000 for each separate violation;
(6) failure to provide show compliance
				proceeding information in the prescribed time shall be grounds for imposition
				of an administrative penalty of no less than $100 and no more than $5,000 for
				each separate violation; and
(7)
				for any other violation other than quality of care that the board deems
				appropriate shall be grounds for imposition of an administrative penalty of no
				less than $100 and no more than $5,000 for each separate violation.