Section 206.351 - Administrative Penalty(a) The medical board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.(b) The penalty may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(c) The medical board shall base the amount of the penalty on:(1) the severity of patient harm;(2) the severity of economic harm to any person;(3) the severity of any environmental harm;(4) the increased potential for harm to the public;(5) any attempted concealment of misconduct;(6) any premeditated or intentional misconduct;(7) the motive for the violation;(8) any prior misconduct of a similar or related nature;(9) the license holder's disciplinary history;(10) any prior written warnings or written admonishments from any government agency or official regarding statutes or rules relating to the misconduct;(11) whether the violation is of a board order;(12) the person's failure to implement remedial measures to correct or mitigate harm from the misconduct;(13) the person's lack of rehabilitative potential or likelihood of future misconduct of a similar nature;(14) any relevant circumstances increasing the seriousness of the misconduct; and(15) any other matter that justice may require.(d) The medical board by rule shall prescribe the procedures by which it may impose an administrative penalty. A proceeding under this section is subject to Chapter 2001, Government Code.(e) If the medical board by order determines that a violation has occurred and imposes an administrative penalty, the medical board shall give notice to the person of the order. The notice must include a statement of the person's right to judicial review of the order.Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. 9/1/2001.