|(a) The advisory board may meet up to four times a
year, with a minimum of three times a year to carry out the mandates
of the Act.
(b) Special meetings may be called by the presiding
officer of the advisory board, by resolution of the advisory board,
or upon written request to the presiding officer of the advisory board
signed by at least three members of the advisory board.
(c) Advisory board and committee meetings shall, to
the extent possible, be conducted pursuant to the provisions of Robert's
Rules of Order Newly Revised unless, by rule, the board adopts a different
procedure. A meeting may be held by telephone conference call.
(d) All elections and any other issues requiring a
vote of the board shall be decided by a simple majority of the members
present. A quorum for transaction of any business by the board shall
be a majority of the board, subject to §604.029(c) of the Occupations
Code. If more than two candidates contest an election or if no candidate
receives a majority of the votes cast on the first ballot, a second
ballot shall be conducted between the two candidates receiving the
highest number of votes.
(e) The governor shall designate a member of the advisory
board as the presiding officer of the board to serve in that capacity
at the will of the governor. The advisory board, at a regular meeting
or special meeting, shall elect from its membership an assistant presiding
officer and other officers for a term to last no more than two (2)
(f) The advisory board, at a regular meeting or special
meeting, upon majority vote of the members present, may remove a member
from office in accordance with §604.026 of the Act.
(g) The following are standing and permanent committees
of the advisory board. Each committee shall consist of at least one
advisory board member who is a licensed physician, one advisory board
member who is a certified respiratory care practitioner, and one public
advisory board member. In the event that a committee does not have
a representative of one or more of these groups, the presiding officer
shall appoint additional members as necessary to maintain this composition.
The presiding officer shall name the chair and assign the members
of the other committees. The responsibilities and authority of these
committees shall include those duties and powers as defined in paragraphs
(1) - (2) of this subsection and such other responsibilities and authority
which the advisory board may from time to time delegate to these committees.
(1) Practice Authorization Committee.
(A) Draft and review proposed rules regarding issuance
of certificates, and make recommendations to the advisory board regarding
changes or implementation of such rules.
(B) Draft and review proposed rules pertaining to the
overall process for issuing certificates, and make recommendations
to the advisory board regarding changes or implementation of such
(C) Receive and review applications for certificates
in the event an applicant's eligibility for a certificate is in question.
(D) Present the results of reviews of applications
for a certificate, and make recommendations to the advisory board
regarding issuance of a certificate to applicants whose eligibility
is in question.
(E) Make recommendations to the advisory board regarding
matters brought to the attention of the Practice Authorization Committee.
(F) Oversee and make recommendations to the advisory
board regarding any aspect of the examination process including the
approval of an appropriate examination and the administration of such
an examination and documentation and verification of records from
(2) Disciplinary Process Review Committee.
(A) Draft and review proposed rules regarding the discipline
of respiratory care practitioners and enforcement of the Act.
(B) Monitor the effectiveness, appropriateness, and
timeliness of the disciplinary process.
(C) Make recommendations regarding resolution and disposition
of specific cases and approve, adopt, modify, or reject recommendations
from staff or representatives of the advisory board regarding actions
to be taken on pending cases. Approve dismissals of complaints and
closure of investigations.
(D) Make recommendations to the advisory board and
staff regarding policies, priorities, budget, and any other matters
related to the disciplinary process and enforcement of the Act.
(E) Make recommendations to the advisory board regarding
matters brought to the attention of the Disciplinary Process Review
(h) Meetings of the advisory board and of its committees
are open to the public unless such meetings are conducted in executive
session pursuant to the Open Meetings Act, the Act, or the Medical
Practice Act. In order that advisory board meetings may be conducted
safely, efficiently, and with decorum, attendees may not engage in
disruptive activity that interferes with advisory board proceedings.
The public shall remain within those areas of the advisory board offices
and advisory board meeting room designated as open to the public.
Members of the public shall not address or question advisory board
members during meetings unless recognized by the advisory board's
presiding officer pursuant to a published agenda item.
(i) Journalists have the same right of access as other
members of the public to advisory board meetings conducted in open
session, and are also subject to the same rules. Observers of any
advisory board meeting may not disrupt the meeting or disturb participants.
Observers may make audio or visual recordings of such proceedings
conducted in open session as long as these activities do not disrupt
the meeting and subject to the following limitations: the advisory
board's presiding officer may request periodically that camera operators
extinguish their artificial lights to allow excessive heat to dissipate;
camera operators may not assemble or disassemble their equipment while
the advisory board is in session and conducting business; persons
seeking to position microphones for recording advisory board proceedings
may not disrupt the meeting or disturb participants. Journalists may
conduct interviews in the reception area of the agency's offices or,
at the discretion of the advisory board's presiding officer, in the
meeting room after recess or adjournment; no interview may be conducted
in the hallways of the agency's offices; and the advisory board's
presiding officer may exclude from a meeting any person who, after
being duly warned, persists in conduct described in this subsection
and subsection (h) of this section.
(j) The assistant presiding officer of the advisory
board shall assume the duties of the presiding officer in the event
of the presiding officer's absence or incapacity.
(k) In the event of the absence or temporary incapacity
of the presiding officer, and the assistant presiding officer, the
members of the advisory board may elect another member to act as the
presiding officer of an advisory board meeting or may elect an interim
acting presiding officer for the duration of the absences or incapacity
or until another presiding officer is appointed by the governor.
(l) Upon the death, resignation, removal or permanent
incapacity of the presiding officer or the assistant presiding officer,
the advisory board shall elect an assistant presiding officer from
its membership to fill the vacant position. The advisory board may
elect an interim acting presiding officer until another presiding
officer is appointed by the governor. Such an election shall be conducted
as soon as practicable at a regular or special meeting of the advisory
(m) Committee minutes shall be approved by a quorum
of the full advisory board.