| (a) Governing Board.
(1) Appointments.
(A) The president of the Medical Board in consultation
with the presiding chair of the PA Board, and with the advice of stakeholders,
shall appoint 11 qualified individuals with good professional character
to serve on the Governing Board of the Program.
(B) The appointees shall include physicians, physician
assistants, and other related professionals with experience addressing
health conditions commonly found in the population of monitored licensees.
(C) The appointees shall include:
(i) six physicians actively licensed in Texas who are
doctors of medicine (M.D.) and have been in practice for at least
five years;
(ii) two physicians actively licensed in Texas who
are doctors of osteopathic medicine (D.O.) and have been in practice
for at least five years;
(iii) one physician assistant who is actively licensed
by the PA Board and has been in practice for at least five years;
(iv) one other licensed mental health professional
with appropriate experience; and
(v) one member of the public who meets the same requirements
as public members of the Medical Board as provided under §152.003
of the Texas Occupations Code.
(D) Appointees shall serve staggered six-year terms
and may be reappointed by the Medical Board president after completion
of a term.
(E) Appointees may not:
(i) serve on a county medical society committee on
physician health and rehabilitation;
(ii) have patient populations that include Program
participants.
(F) An appointee may be removed if:
(i) grounds for removal exist under §152.006 of
the Texas Occupations Code;
(ii) the appointee fails to meet the standards of professional
conduct under §161.3 of this title (relating to Organization
and Structure); or
(iii) the appointee does not otherwise meet the requirements
of this chapter.
(G) If there is a vacancy on the Governing Board, the
Medical Board president in consultation with the presiding chair of
the PA Board and with the advice of stakeholders may appoint a new
TXPHP Governing Board member.
(H) The President of the Governing Board shall be appointed
by the Medical Board president.
(2) Responsibilities of the Governing Board. The Governing
Board shall:
(A) provide advice and counsel to the Medical Board;
(B) establish policy and procedures for the operation
and administration of the program; and
(C) make determinations regarding non-emergent referrals
of program participants to the Agency.
(3) Conflicts of Interest. A Governing Board member
should avoid conflicts of interest. If a conflict of interest should
unintentionally occur, the Governing Board member should recuse himself
or herself from participating in any matter that could be affected
by the conflict.
(b) TXPHP Advisory Committee.
(1) Appointments.
(A) The Governing Board shall appoint six physicians
and mental health care providers actively licensed in Texas with at
least five years' experience in disorders commonly affecting program
participants to the TXPHP Advisory Committee.
(B) Appointees shall serve at the pleasure of the Governing
Board and each appointment shall be for a term of six years.
(C) If there is a vacancy on the committee, the Governing
Board with the advice of the president of the Medical Board and the
presiding officer of the PA Board may appoint a new committee member.
(2) Responsibilities of the Committee. The committee
shall provide opinions upon request of the Governing Board or program
staff.
(3) Conflicts of Interest.
(A) A committee member should avoid conflicts of interest.
If a conflict of interest should unintentionally occur, the committee
member should recuse himself or herself from participating in any
matter that could be affected by the conflict.
(B) A committee member must request to be recused in
any decision relating to a program participant that the committee
member had treated or is currently treating.
(c) Medical Director Qualifications. The medical director:
(1) serves at the pleasure of the Medical Board;
(2) must be licensed by the Medical Board;
(3) must have expertise in a field of medicine relating
to disorders commonly affecting program participants; and
(4) may not treat or supervise a program participant.
|
| Source Note: The provisions of this §180.3 adopted to be effective November 29, 2009, 34 TexReg 8534; amended to be effective September 19, 2010, 35 TexReg 8354; amended to be effective July 5, 2020, 45 TexReg 4338 |
