Section 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.22 Tex. Admin. Code § 277.10
The provisions of this §277.10 adopted to be effective March 23, 2014, 39 Texeg 2079; Amended by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0680, eff. 2/12/2023