(a) Each board member shall meet and maintain the qualifications
for board membership and execute their duties as set by law.
(b) A board member should strive to achieve and project
the highest standards of professional conduct. Such standards include:
(1) A board member should not accept or solicit any
benefit that might influence the board member in the discharge of
official duties or that the board member knows or should know is being
offered with the intent to influence official conduct.
(2) A board member should not accept employment or
engage in any business or professional activity that would involve
the disclosure of confidential information acquired by reason of the
official position as a board member.
(3) A board member should not accept employment that
could impair independence of judgment in the performance of the board
member's official duties.
(4) A board member should not make personal investments
that could reasonably be expected to create a conflict between the
board member's private interest and the public interest.
(5) A board member should not intentionally or knowingly
solicit, accept, or agree to accept any benefit for having exercised
the board member's official powers or performed the board member's
official duties in favor of another.
(6) A board member should be fair and impartial in
the conduct of the business of the board. A board member should project
such fairness and impartiality in any meeting or hearing.
(7) A board member should be diligent in preparing
for meetings and hearings.
(8) A board member should avoid conflicts of interests.
If a conflict of interest should unintentionally occur, the board
member should recuse himself or herself from participating in any
matter before the board that could be affected by the conflict.
(9) A board member should avoid the use the board member's
official position to imply professional superiority or competence.
(10) A board member should avoid the use of the board
member's official position as an endorsement in any health care related
matter.
(11) Board member appearances.
(A) A board member should not appear as an expert witness
in any case in which a licensee of the board is a party and in which
the expert testimony relates to standard of care or professional malpractice.
A board member may provide expert testimony if the board member has
been called primarily as a fact witness. A board member should disclose
any potential employment as an expert witness to and seek prior approval
of the board's executive committee. When providing expert testimony
in any matter, a board member should state that any opinion of the
board member is not on behalf of or approved by the board and should
not claim special expertise because of board membership.
(B) A board member shall not appear in any administrative
proceeding involving the exercise of the board's licensing or disciplinary
authority before the board or the State Office of Administrative Hearings
in which proceeding a licensee of the board is a party. A board member
may furnish a written statement for a licensee to use in such administrative
proceedings only if:
(i) the board member sought and received in writing
the prior approval of the board's executive committee;
(ii) the written statement of the board member used
by a licensee presents only facts that the board member has personally
witnessed and does not offer or provide any statement as to character
of the licensee or characterization of the events witnessed; and
(iii) the written statement plainly states that the
recitation of the witnessed facts is not an indication of in any manner
that the board concurs with, agrees to, or supports those facts or
the board member in his or her action.
(12) A board member should refrain from making any
statement that implies that the board member is speaking for the board
if the board has not voted on an issue or unless the board has given
the board member such authority.
(c) Report of Potential Grounds for Removal. In addition
to Section 152.006 of the Act, the following are grounds for potential
removal that must be reported are as follows:
(1) For purposes of Section 152.006(a)(5), a board
member shall be considered to have been absent from a regularly scheduled
board meeting if the member fails to attend at least a portion of
either a full board session or a portion of a regularly scheduled
committee meeting to which a member is assigned during such board
meeting. Any dispute or controversy as to whether or not an absence
has occurred shall be submitted to the full board for resolution by
a majority vote after giving the purported absentee the opportunity
to present information concerning the alleged absences and after allowing
discussion by other members of the board.
(2) A board member who is subject of a non-disciplinary
or disciplinary action, including but not limited to any remedial
plan, board order, or administrative penalty, regardless of the nature
of the violation(s) that led to the remedial plan, board order, or
administrative penalty.
(d) Each member of the board shall receive per diem
as provided by law for each day that the member engages in the business
of the board and will be reimbursed for travel expenses incurred in
accordance with the state of Texas and board's travel policies.
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Source Note: The provisions of this §161.3 adopted to be effective March 7, 2002, 27 TexReg 1486; amended to be effective January 25, 2006, 31 TexReg 382; amended to be effective September 20, 2007, 32 TexReg 6314; amended to be effective March 18, 2013, 38 TexReg 1872; amended to be effective May 17, 2015, 40 TexReg 2533; amended to be effective November 14, 2019, 44 TexReg 6880 |