Texas Occupations Code

§ 162.107 — REQUESTS FOR INSPECTION AND ADVISORY OPINION

OC § 162.107Title 3. HEALTH PROFESSIONS · Part B. PHYSICIANS · Ch. 162. REGULATION OF PRACTICE OF MEDICINE · Art. C. ANESTHESIA IN OUTPATIENT SETTING

Statute text

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(a)The board may consider a request by a physician for an on-site inspection. The board, on payment of a fee established by the board, may conduct the inspection and issue an advisory opinion.

(b)An advisory opinion issued by the board under this section is not binding on the board. Except as provided by Subsection (c), the board may take any action under this subtitle relating to the situation addressed by the advisory opinion that the board considers appropriate.

(c)A physician who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative penalty or assess a civil penalty under this subtitle. On receipt of proof of reliance on an advisory opinion, the board or court, as appropriate, shall consider the reliance and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.

Legislative history

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.