22 Tex. Admin. Code § 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.
(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.
Notes
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