Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.18 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				§206.351 of the Act, the board by order may impose an administrative
				penalty, in accordance with and subject to §§
									187.75-
				187.82
				of this title (relating to the Imposition of Administrative Penalty), 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.
(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) The amount of the penalty shall be based
				on the factors set forth under the Act, §206.351(c) and Chapter 190 of
				this title (relating to Disciplinary Guidelines).
(d) Consistent with the Act,
				§206.351(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.
(e) 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 pursuant to
				§206.308 of the Act and board rules 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
				§
										184.19
				of this title (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.