1. (a) DADS may impose one or more of the following sanctions against a licensee for violations listed in §18.54 of this subchapter (relating to Rule or Statutory Violations) and §18.55 of this subchapter (relating to Violations of Standards of Conduct):

   1. (1) revocation of license;
   2. (2) license suspension;
   3. (3) denial of application for license renewal;
   4. (4) assessment of an administrative penalty;
   5. (5) written letter of reprimand;
   6. (6) requiring a licensee to participate in continuing education; or
   7. (7) probation.

2. (b) If a sanction is probated, DADS may require the licensee to:

   1. (1) report regularly to DADS on matters that are the basis of the probation;
   2. (2) limit practice to the areas prescribed by DADS;
   3. (3) practice under the direct supervision or guidance of a DADS-certified preceptor as specified in §18.14 of this chapter (relating to Preceptor Requirements); or
   4. (4) complete prescribed continuing education until the licensee attains a degree of skill satisfactory to DADS in those areas that are the basis of the probation.
3. (c) Civil penalties may result from a referral to the Office of Attorney General not to exceed $1,000 per violation per day for each day the violation continues.
4. (d) Administrative penalties may not exceed $1,000 per violation per day for each day the violation continues.

5. (e) The amount the administrative penalty is assessed is based on:

   1. (1) the seriousness of the violation, including:

      1. (A) the nature, circumstances, extent, and gravity of prohibited acts; and
      2. (B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
   2. (2) economic harm to property or environment;
   3. (3) history of previous violations;
   4. (4) amount necessary to deter future violations;
   5. (5) efforts to correct the violations;

   6. (6) the severity level of the violation:

      1. (A) Level I--$500 to $1,000 for violations that have or had an adverse impact on nursing facility resident health or safety that includes serious harm, permanent injury, or death to a nursing facility resident;
      2. (B) Level II--$250 to $500 for violations that have or had a potential or adverse impact on the health or safety of a nursing facility resident, but less impact than Level I; or
      3. (C) Level III--$250 or less for violations having minimal or no significant impact on nursing facility resident health or safety; and
   7. (7) any other matter that justice may require.

Source Note:The provisions of this §555.57 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880.