22 Tex. Admin. Code § 277.10 - Remedial Plans
(a) Section 351.509
authorizes the Board to issue a remedial plan to resolve the investigation of a
complaint.
(b) The issuance of a
remedial plan does not impose disciplinary action. Records of the remedial plan
will be removed from the records of the Board on the date two years after the
date that a licensee successfully completes a remedial plan.
(c) A remedial plan may not:
(1) revoke, suspend, limit, or restrict a
license or assess an administrative penalty;
(2) be imposed to resolve a complaint
concerning a death, hospitalization, or the commission of a felony;
and
(3) be imposed if the Board
issued a remedial plan to a licensee within the preceding 24
months.
(d) A remedial
plan must be approved by the Board. The plan may be initiated in the following
manner:
(1) for violations listed in §
277.6(a)(9) of
this title, by the Executive Director in the same manner as administrative
penalties are assessed by the Executive Director in §
277.1 of this title; or
(2) by the Investigation-Enforcement
Committee in the same manner as the disposition of complaints in §
277.1 of this title.
(e) If a licensee does not accept
an offer of settlement based on the issuance of a remedial plan, the Board
shall schedule an informal settlement conference according to the provisions of
§
277.2 of this title.
(f) If a licensee does not successfully
complete the terms of a remedial plan, the Board may reopen the investigation
of the complaint to determine if disciplinary action should be
imposed.
(g) The Board may assess a
plan administration fee in an amount of $1,000, to recover the costs of
administering the plan.
Notes
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