SECTION 107.206. Public Actions of the Board

(a) Purpose. The purpose of this section is to outline the Board's disciplinary and non-disciplinary actions issued under Chapter 263 of the Texas Occupations Code.

(b) Definitions. In this rule section, the following terms shall apply:

(1) "Administrative Fine" is a monetary fine assessed pursuant to Texas Occupations Code §263.002(a) in connection with the issuance of a disciplinary action by the Board that is not an administrative penalty. Administrative fines shall not be assessed when issuing a Remedial Plan. The Board shall not assess an administrative fine without the issuance of a Warning, Reprimand, Probated Suspension, or Enforced Suspension.

(2) "Administrative Penalty" is a monetary penalty assessed as a disciplinary action pursuant to Texas Occupations Code §263.002(a). An administrative penalty is a public disciplinary action of the Board. An administrative penalty shall not be issued in conjunction with the issuance of a Warning, Reprimand, Probated Suspension, Enforced Suspension, or Remedial Plan. An administrative penalty that is issued subject to an agreement between the parties during informal settlement shall be referred to as an "agreed administrative penalty."

(3) "License" means a license, certificate, or registration that is issued by the Board.

(4) "Licensee" means a person who holds a license, certificate, or registration that is issued by the Board.

(c) Public Actions. The Board shall utilize the public actions identified in this subsection to resolve the investigation of a complaint against a Licensee. The public actions of the Board listed in subsection (c)(1) through (c)(7) of this section are listed in order of increasing severity. These public actions shall be imposed by agreed settlement or final order of the Board against the License held by the Licensee. Nothing in this rule section shall be construed to prohibit or restrict the Board from dismissing a complaint or imposing an injunction or cease and desist order under Chapter 264, Subchapter B, of the Texas Occupations Code, where appropriate.

(1) Remedial Plan. The Board may issue a non-disciplinary Remedial Plan pursuant to Texas Occupations Code §263.0077 and Board rule in §107.204 of this title (relating to Remedial Plans).

(2) Administrative Penalty. The Board may issue an Administrative Penalty pursuant to the procedures of Chapter 264, Subchapter A of the Texas Occupations Code, and Board rule in §107.201 of this title (relating to Procedures for Assessment of Administrative Penalties in Informal Complaint Resolution). An administrative penalty is a disciplinary action.

(3) Warning. A Warning is a disciplinary action and may be accompanied by the imposition of an Administrative Fine.

(4) Reprimand. A Reprimand is a disciplinary action and may be accompanied by the imposition of an Administrative Fine.

(5) Probated Suspension. A Probated Suspension is a heightened level of disciplinary action issued for a period of years as identified in the Board's order; however, a Licensee under a Probated Suspension may continue to practice. A Probated Suspension may be accompanied by the imposition of an Administrative Fine.

(6) Enforced Suspension. An Enforced Suspension is a heightened level of disciplinary action. An Enforced Suspension may be issued for a period of days or years as identified in the Board's order. A Licensee may not practice while under an Enforced Suspension. An Enforced Suspension may be accompanied by the imposition of an Administrative Fine.

(7) Revocation. Revocation is the highest level of disciplinary action taken by the Board. After the Board imposes an order of Revocation upon a Licensee, the Licensee must cease the practice authorized under the License that has been revoked. A person whose License has been revoked by Board order must apply for the issuance of a new License pursuant to Board requirements.

(d) Imposition of Conditions and Restrictions on Practice. The Board may impose other conditions or restrictions on the practice of a Licensee through an agreed order between the Board and the Licensee resulting in a disciplinary action, or through a final order of disciplinary action issued by the Board after a contested case hearing at the State Office of Administrative Hearings. These conditions may include, but are not limited to, surrender, suspension, or revocation of a Licensee's sedation/anesthesia permits or other authorizations issued by the Board.

(e) Restitution. The Board may order a Licensee to pay restitution to a patient as provided in an agreed settlement or final order of the Board, instead of or in addition to any administrative fine or administrative penalty. The Board may reduce the amount assessed as an administrative fine or administrative penalty upon a showing that the Licensee has paid, or by agreed settlement will pay, an amount of restitution to the patient. The amount of restitution ordered may not exceed the amount the patient paid to the Licensee for the service or services from which the complaint arose. The Board shall not require payment of other damages or make an estimation of harm in any order for restitution.

Source Note: The provisions of this §107.206 adopted to be effective March 20, 2019, 44 TexReg 1439