| (a) NPs must comply with the general best practices
prescribed in this subsection.
(1) NPs shall not hold or obligate department funds.
(2) NPs shall comply with all applicable rules, regulations,
and laws, including all applicable laws regarding discrimination based
on race, color, national origin, sex, age, and disability.
(3) NPs shall not use or authorize the use of department
intellectual property, including trademarks, logos, name, or seal,
without the express written agreement of the department.
(4) NPs shall not employ a department employee in a
paid position or otherwise provide compensation or a direct personal
benefit to a department employee. Provided, however, unless otherwise
prohibited by law, benefits authorized by Penal Code, Chapter 36,
are not prohibited by this subsection.
(5) NPs may use equipment, facilities, or services
of employees of the department only in accordance with a written agreement
that provides for the payment of adequate compensation and/or identifies
the benefit to the department for such use. Notwithstanding this subsection,
a NP may use department facilities to the same extent and for the
same fee as members of the public.
(6) NPs shall conduct business in a way that will ensure
public access and transparency. As used in this subsection, "transparency"
shall mean that NP’s business practices and internal processes
are conducted in a way that is open, clear, measurable, and verifiable.
(7) NPs shall file with the department and make available
to the public an annual report that includes a list of the primary
activities undertaken during the previous year, a summary of significant
achievements and challenges over the previous year, and other information
requested by the department.
(8) Regardless of whether a NP is required to file
an IRS 990 with the Internal Revenue Service, each NP must complete
and file an IRS 990 with the department each year, regardless of income.
(9) NPs shall file with the department their articles
of incorporation, by-laws, and most recent financial statements, and
any updates to these documents upon request of the department.
(10) A NP shall not engage in activities that would
require it or a person acting on its behalf to register as a lobbyist
under Texas law, Texas Government Code, Chapter 305. However, this
subsection is not intended to restrict a NP from providing information
to the legislature or to other elected or appointed officials.
(11) NPs shall not donate funds to a political campaign
or endorse a political candidate.
(12) NPs shall notify the department of all meetings
and allow a department representative to attend all meetings, including,
but not limited to, meetings of their general membership, managing
board, and committees. Meeting notices must be provided to the department
sufficiently in advance of the meeting so that the department representative
has ample opportunity to attend. Such notice may be provided by letter,
email, or telephone. A CRNP should also notify other CRNPs associated
with the property, facility, or program of all meetings and allow
a representative to attend.
(b) In addition to subsection (a) of this section,
the ONP must comply with the general best practices prescribed in
this subsection.
(1) The ONP must have an annual audit by an independent
accounting firm and shall make the results of that audit available
to the department.
(2) The ONP must maintain an adequate directors and
officers liability insurance policy.
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