Sec. 164.0015. REMEDIAL PLAN. (a) In addition to the authority under Sections 164.001 and 164.002, the board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint relating to this subtitle.
(b) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person's license or other authorization to practice medicine; or
(2) assesses an administrative penalty against a person.
(c) A remedial plan may not be imposed to resolve a complaint:
(1) concerning:
(A) a patient death;
(B) the commission of a felony; or
(C) a matter in which the physician engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or
(2) in which the appropriate resolution may involve a restriction on the manner in which a license holder practices medicine.
(d) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding five years.
(e) The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering this plan.
(f) The board shall adopt rules necessary to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 600 (S.B. 227), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 10, eff. September 1, 2019.
Structure Texas Statutes
Chapter 164 - Disciplinary Actions and Procedures
Subchapter A. General Provisions
Section 164.001. Disciplinary Authority of Board; Methods of Discipline
Section 164.0015. Remedial Plan
Section 164.002. Board Disposition of Complaints, Contested Cases, and Other Matters
Section 164.0025. Delegation of Certain Complaint Dispositions
Section 164.003. Informal Proceedings
Section 164.0031. Board Representation in Informal Proceedings
Section 164.0032. Roles and Responsibilities of Participants in Informal Proceedings
Section 164.0035. Dismissal of Baseless Complaint
Section 164.0036. Notice Regarding Certain Complaints
Section 164.004. Compliance With Due Process Requirements
Section 164.005. Initiation of Charges; Formal Complaint
Section 164.006. Service of Notice
Section 164.007. Administrative Hearings; Confidentiality Issues
Section 164.0071. Hearings on Certain Complaints
Section 164.0072. Board Appeal of Findings of Fact and Conclusions of Law
Section 164.008. Right to Counsel
Section 164.009. Judicial Review