SECTION 344.1. Administrative Fines and Penalties

(a) Any physical therapist or physical therapist assistant who violates any provision of these rules, or any provision of the Physical Therapy Practice Act shall be, at the discretion of the Board, subject to the following penalties.

(1) The Board may impose suspension or revocation of a license, or other disciplinary action including probation, tutorial hours and additional education.

(2) The Board may assess fines, not to exceed $200 for each day of the offense, based on the following schedule:

(A) first offense: $100-$1,000;

(B) subsequent offense: $200-$5,000.

(b) The board may expunge any record of disciplinary action taken against a license holder before September 1, 2019, for practicing in a facility that failed to meet the registration requirements of Occupations Code, Section 453.213, as that section existed on January 1, 2019. The board may not expunge a record under this section after September 1, 2021.

(c) The Board shall utilize the following Schedule of Sanctions in all disciplinary matters.

Attached Graphic

(d) Assessment of the penalties will follow procedures as established in §343.41 of this title (relating to Agreed Orders). The Board shall consider the following factors in conjunction with the Schedule of Sanctions when determining the appropriate penalty/sanction in disciplinary matters:

(1) the seriousness of the violation, including:

(A) the nature, circumstances, extent, and gravity of the violation; and

(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the history of previous violations;

(3) the amount necessary to deter future violations;

(4) efforts to correct the violation;

(5) the economic harm to the public interest or public confidence caused by the violation;

(6) whether the violation was intentional; and

(7) any other matter that justice may require.

(e) The provisions of subsections (a) - (d) of this section shall not be construed so as to prohibit other appropriate civil or criminal action and remedy and enforcement under other laws.

Source Note: The provisions of this §344.1 adopted to be effective October 6, 1998, 23 TexReg 9978; amended to be effective November 11, 2018, 43 TexReg 7355; amended to be effective September 1, 2019, 44 TexReg 4184; amended to be effective November 1, 2020, 45 TexReg 7588