Tex. Occ. Code § 165.003

AMOUNT OF PENALTY

Known as the Medical Practice Act

The act spans §§ 151–172 (375 sections).

Applied in 1 court decision — leading case Scally v. Texas State Board of Medical Examiners (2011)

Most recently applied in Scally v. Texas State Board of Medical Examiners (October 2011)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff

(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(b) The amount of the penalty shall be based on:

(1) the seriousness of the violation, including:

(A) the nature, circumstances, extent, and gravity of any prohibited act; and

(B) 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 a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.