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TITLE 22EXAMINING BOARDS
PART 21TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
CHAPTER 461GENERAL RULINGS
RULE §461.9Conflicts of Interest and Recusals

(a) A board member who has any personal or professional interest that might reasonably tend to influence the discharge of his or her duties in a matter pending before the board, shall disclose that conflict in an open meeting called and held in compliance with Chapter 551 of the Texas Government Code. However, if the required disclosure relates to a matter to be considered during a closed meeting, the board member shall disclose the conflict during the closed meeting. A board member may not vote or otherwise participate in any discussion or decision on a pending matter where the board member's personal or professional interest might reasonably tend to influence the discharge of his or her duties. Any conflict disclosed by a board member shall be entered in the minutes of a meeting or the certified agenda.

(b) An individual who has any personal or professional interest that might reasonably tend to influence the discharge of his or her duties while serving on a committee, temporary suspension or disciplinary panel, or workgroup, shall disclose that conflict to the committee, panel, or workgroup, as well as the executive director. The individual may not vote or otherwise participate in any discussion or decision on a pending matter where the individual's personal or professional interest might reasonably tend to influence the discharge of his or her duties. Any conflict shall be entered in any minutes or notes kept by the committee, panel, or workgroup.

(c) A board member may not vote or otherwise participate in any discussion or decision conducted during a meeting held in compliance with Chapter 551 of the Texas Government Code regarding a complaint, eligibility proceeding, or disciplinary action previously heard by the board member while serving on a temporary suspension or disciplinary panel. A board member who is disqualified under this subsection shall recuse himself or herself from any voting or discussions on the matter, and the recusal shall be entered in the minutes of the meeting or the certified agenda.

(d) Any individual who is required to make a disclosure, recuse himself or herself, or is restricted from voting or participating in some manner under this rule, shall also refrain from improperly influencing or attempting to improperly influence the discussion or decision on a matter in which the individual is prohibited from participating.

(e) A disclosure required by this rule must be made as soon as possible once an individual becomes aware of facts giving rise to a duty to take action under this rule. Any information received by a board member or agency staff that might reasonably lead one to believe that an individual has a duty to take action under this rule must be sent to the executive director, who shall then forward the information to the individual.

(f) It is presumed that the judgment of a reasonable person who is subject to this rule would not be materially affected because the individual holds a license issued by this agency.


Source Note: The provisions of this §461.9 adopted to be effective September 26, 2017, 42 TexReg 5136

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