{"data":{"id":"us-tx/tex.-occupations-code-206.351","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 206.351","heading":"ADMINISTRATIVE PENALTY.","body":"(a) The medical board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.\n(b) The penalty 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.\n(c) The medical board shall base the amount of the penalty on:\n(1) the severity of patient harm;\n(2) the severity of economic harm to any person;\n(3) the severity of any environmental harm;\n(4) the increased potential for harm to the public;\n(5) any attempted concealment of misconduct;\n(6) any premeditated or intentional misconduct;\n(7) the motive for the violation;\n(8) any prior misconduct of a similar or related nature;\n(9) the license holder's disciplinary history;\n(10) any prior written warnings or written admonishments from any government agency or official regarding statutes or rules relating to the misconduct;\n(11) whether the violation is of a board order;\n(12) the person's failure to implement remedial measures to correct or mitigate harm from the misconduct;\n(13) the person's lack of rehabilitative potential or likelihood of future misconduct of a similar nature;\n(14) any relevant circumstances increasing the seriousness of the misconduct; and\n(15) any other matter that justice may require.\n(d) The medical board by rule shall prescribe the procedures by which it may impose an administrative penalty. A proceeding under this section is subject to Chapter 2001, Government Code.\n(e) If the medical board by order determines that a violation has occurred and imposes an administrative penalty, the medical board shall give notice to the person of the order. The notice must include a statement of the person's right to judicial review of the order.\nAdded by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.","path":["OCCUPATIONS CODE","TITLE 3. HEALTH PROFESSIONS","SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES","CHAPTER 206. SURGICAL ASSISTANTS","SUBCHAPTER H. ADMINISTRATIVE PENALTY"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.206.htm#206.351","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"5cc0564e374373832cb0f9ed0f94bfa9dc39998f478201a11ded8400a5d4bf0d","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-206.315","next":"us-tx/tex.-occupations-code-251.001"},"notice":"GroundRules: Original legal text. Not legal advice."}