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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 194MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER ACERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES
RULE §194.3Meetings and Committees

(a) The board shall conduct regular meetings at least three times a year to carry out the mandates of the Act. The meetings shall be held at times and places the board considers most convenient for applicants and board members.

(b) Special meetings may be called by the presiding officer of the board, by resolution of the board, or upon written request to the presiding officer of the board signed by at least three members of the board.

(c) 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.

(d) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. The board, at a regular meeting or special meeting, shall elect from its membership an assistant presiding officer and secretary for one year. The board shall elect from its membership other officers as the board considers necessary to carry out the board's duties.

(e) All elections and any other issues requiring a vote of the board shall be decided by a simple majority of the members present. 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. A quorum for transaction of any business by the board shall be one more than half the board's membership at the time of the meeting. A quorum is not required for board action related to examining the credentials of applicants, acting as a panel for a temporary suspension proceeding held under §601.306 of the Act, or conducting an informal meeting under §601.311 of the Act.

(f) The following are standing and permanent committees of the board. Each committee, with the exception of the Executive Committee, shall consist of at least one board member who is a licensed physician, one board member who is a licensed medical radiologic technologist, and one public 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 Executive Committee shall include the presiding officer, secretary, and other members as named by the presiding officer. 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) - (4) of this subsection and such other responsibilities and authority which the board may from time to time delegate to these committees.

  (1) Licensure Committee.

    (A) Review proposed rules regarding licensure, and make recommendations to the board regarding changes or implementation of such rules.

    (B) Review proposed rules pertaining to the overall licensure process, and make recommendations to the board regarding changes or implementation of such rules.

    (C) Receive and review applications for licensure in the event the eligibility for licensure of an applicant is in question.

    (D) Present the results of reviews of applications for licensure, and make recommendations to the board regarding licensure of applicants whose eligibility is in question.

    (E) Make recommendations to the board regarding matters brought to the attention of the Licensure Committee.

    (F) Oversee and make recommendations to the board regarding any aspect of the examination process including the approval of an appropriate licensure examination and the administration of such an examination and documentation and verification of records from all applicants for licensure.

  (2) Disciplinary Committee.

    (A) Review proposed rules regarding the enforcement of the Act.

    (B) Oversee the disciplinary process and give guidance to the board and staff regarding methods to improve the disciplinary process and more effectively enforce the Act.

    (C) Monitor the effectiveness, appropriateness, and timeliness of the disciplinary process.

    (D) Make recommendations regarding resolution and disposition of specific cases and approve, adopt, modify, or reject recommendations from staff or representatives of the board regarding actions to be taken on pending cases. Approve dismissals of complaints and closure of investigations.

    (E) Make recommendations to the board and staff regarding policies, priorities, budget, and any other matters related to the disciplinary process and enforcement of the Act.

    (F) Make recommendations to the board regarding matters brought to the attention of the Disciplinary Committee.

  (3) Executive Committee.

    (A) Ensure records are maintained of all committee actions.

    (B) Review requests from the public to appear before the board and provide opportunities for the public to speak regarding issues related to the regulation of the practice of radiologic technology.

    (C) Review inquiries regarding policy or administrative procedure.

    (D) Delegate tasks to other committees.

    (E) Take action on a matter of urgency that may arise between board meetings. Such matters shall be presented to the board at the next board meeting.

    (F) Assist the Medical Board in the organization, preparation, and delivery of information and testimony to the Legislators and committees of the Legislature.

    (G) Formulate and make recommendations to the board regarding future board goals and objectives and the establishment of priorities and methods for their accomplishment.

    (H) Study and make recommendations to the board regarding the role and responsibility of the board officers and committees.

    (I) Review staff reports regarding finances and the budget.

    (J) Make recommendations to the board regarding matters brought to the attention of the Executive Committee.

  (4) Education Committee.

    (A) Review and make recommendations to the board regarding changes or implementation of rules concerning the following areas:

      (i) educational and training requirements for certification as a medical radiologic technologist or registration as a non-certified technician in Texas;

      (ii) standards for the approval or rescinding approval of medical radiologic technologist or non-certified technician education program curricula and instructors;

      (iii) continuing education requirements for renewal of a Texas medical radiologic technologist certificate or NCT registration;

    (B) Assist with problems relating to education program or program instructor issues which may arise within the purview of the board; and

    (C) Make recommendations to the board regarding matters brought to the attention of the Education Committee.

(g) Meetings of the board and of its committees are open to the public unless such meetings are conducted in executive session pursuant to the Open Meetings Act or the Act. In order that board meetings may be conducted safely, efficiently, and with decorum, attendees may not engage in disruptive activity that interferes with board proceedings. The public shall remain within those areas of the board offices and board meeting room designated as open to the public. Members of the public shall not address or question board members during meetings unless recognized by the board's presiding officer pursuant to a published agenda item.

(h) Journalists have the same right of access as other members of the public to board meetings conducted in open session and are subject to the same rules. Observers of a board meeting may not disrupt the meeting or disturb its participants. Observers may make audio or visual recordings of such proceedings conducted in open session, as long as the recording activities do not disrupt the meeting. Observers who make audio or visual records are subject to the following limitations: upon request made by the board's presiding officer, camera operators must periodically extinguish artificial lights to allow excessive heat to dissipate; camera operators may not assemble or disassemble equipment while the board is in session and conducting business; persons seeking to position microphones for recording 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 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. The board's presiding officer may exclude from a meeting any person who, after being duly warned, persists in conduct contrary to the requirements and limitations described in this subsection and subsection (g) of this section.

(i) The assistant presiding officer of the board shall assume the duties of the presiding officer in the event of the presiding officer's absence or incapacity.

(j) In the event of the absence or temporary incapacity of the presiding officer, and the assistant presiding officer, the members of the board may elect another member to act as the presiding officer of a 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.

(k) Upon the death, resignation, removal or permanent incapacity of the presiding officer or the assistant presiding officer, the board shall elect an assistant presiding officer from its membership to fill the vacant position. The 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 board.

(l) Committee minutes shall be approved by the full board with a quorum of the committee members present to vote on approval of the minutes.


Source Note: The provisions of this §194.3 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective March 27, 2018, 43 TexReg 1867

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