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.