Texas Health and Safety Code

§ 254.205 — IMPOSITION OF ADMINISTRATIVE PENALTY

HS § 254.205Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 254. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES · Art. E. ENFORCEMENT AND PENALTIES

Statute text

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(a)The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter. A penalty collected under this section or Section 254.206 shall be deposited in the state treasury to the credit of the freestanding emergency medical care facility licensing fund described by Section 254.104.

(b)A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.

(c)The penalty may not exceed $1,000 for each violation. Each day of a continuing violation may be considered a separate violation for purposes of imposing a penalty.

(d)The amount shall be based on:

(1)the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2)the threat to health or safety caused by the violation;

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0815, eff. April 2, 2015. Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 8, eff. September 1, 2019.