Sec. 242.320. ADMINISTRATIVE PENALTY AS SANCTION. (a) The department may impose an administrative penalty against a person licensed or regulated under this subchapter who violates this subchapter or a rule adopted by the board under this subchapter.
(b) The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation occurs or continues is a separate violation for purposes of imposing a penalty.
(c) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violations; and
(6) any other matter that justice may require.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter I. Nursing Facility Administration
Section 242.302. Texas Board of Nursing Facility Administrators
Section 242.303. Membership Requirements
Section 242.304. Grounds for Removal
Section 242.305. Board Officers; Meetings; Quorum; Expenses
Section 242.306. Application of Open Meetings and Administrative Procedure Act
Section 242.307. Powers and Duties of the Board
Section 242.308. Administrative Functions
Section 242.310. Practicing Without a License
Section 242.311. License Application; Qualifications
Section 242.313. Licenses; Temporary License; Inactive Status
Section 242.314. Provisional License
Section 242.315. License Renewal
Section 242.316. Mandatory Continuing Education
Section 242.317. Complaint Receipt, Investigation, and Disposition
Section 242.319. Written Reprimand and Continuing Education as Sanctions
Section 242.320. Administrative Penalty as Sanction
Section 242.321. Notice and Hearing
Section 242.322. Informal Proceedings
Section 242.323. Monitoring of License Holder
Section 242.324. Civil Penalty
Section 242.325. Assistance of Attorney General
Section 242.327. Protection for Refusal to Engage in Certain Conduct