| (C) make recommendations to the board's policy-making
committees (the executive committee and the rules committee) concerning
proposed changes in board rules, opinions, and policies relating to
the peer review program.
(8) The board rules committee shall be a policy-making
committee comprised of at least three board members, one of whom shall
serve as chair. The committee shall make recommendations to the board
concerning the board's rules, opinions, and policies. All working
committees shall refer proposed changes to the board's rules, opinions,
and policies to the rules committee for consideration for recommendation
to the board.
(9) The peer assistance oversight committee shall be
a working committee comprised of at least two board members, one of
whom shall serve as chair, assisted by at least two non-board members
who shall serve in an advisory capacity. The committee shall oversee
the peer assistance program administered by the TXCPA as required
under the Texas Health and Safety Code, §467.001(1)(B), and insure
that the minimum criteria as set out by the Department of State Health
Services are met. It shall make recommendations to the board and the
TXCPA regarding modifications to the program and, if warranted, refer
cases to other board committees for consideration of disciplinary
or remedial action by the board. The committee shall report to the
board on a semi-annual basis, by case number, on the status of the
program.
(10) The constructive enforcement committee shall be
a working committee comprised of at least two board members, one of
whom shall serve as chair, assisted by non-board CPA members. At least
one Committee member shall be a public member of the board. The committee
shall approve the constructive enforcement program, coordinate its
activities with board committees and staff, and supervise the training
of constructive enforcement advisory committee members. A staff attorney
of the board shall supervise the day to day administration of the
constructive enforcement program and activities of the committee's
non-board members on behalf of the committee chairman. The committee
shall:
(A) investigate matters forwarded to the committee
from any other board committee or board staff in accordance with board
instruction and policy;
(B) prepare, as appropriate, investigative reports
regarding each referred matter;
(C) inform referring board committees or board staff
of the results of its investigations;
(D) inform the appropriate committee when possible
violations of board rules and the Act are observed; and
(E) make recommendations to the board's policy-making
committees (the executive committee and the rules committee) concerning
proposed changes in board rules, opinions, and policies relating to
the constructive enforcement program.
(f) Ad hoc advisory committees. Ad hoc advisory committees
may be established by the board's presiding officer and members and
advisory members appointed as appropriate.
(g) Policy guidelines. All advisory committee members
performing any duties utilizing board facilities and/or who have access
to board records, shall conform and adhere to the standards, board
rules, and personnel policies of the board as described in its personnel
manual and to the laws of the State of Texas governing state employees.
(h) Conflicts of interest. To avoid a conflict of interest
or the appearance of a conflict of interest, no committee member may
provide a report or expert testimony for or otherwise advocate on
behalf of a complainant or a respondent in a disciplinary matter pending
before the board while serving on a standing committee of the board.
|
| Source Note: The provisions of this §505.10 adopted to be effective December 26, 1988, 13 TexReg 6157; amended to be effective October 11, 1989, 14 TexReg 5070; amended to be effective October 30, 1989, 14 TexReg 5547; amended to be effective June 5, 1991, 16 TexReg 2876; amended to be effective May 28, 1992, 17 TexReg 3635; amended to be effective March 5, 1993, 18 TexReg 1165; amended to be effective October 20, 1993, 18 TexReg 6951; amended to be effective June 9, 1994, 19 TexReg 4198; amended to be effective September 21, 1995, 20 TexReg 7076; amended to be effective February 26, 1996, 21 TexReg 1095; amended to be effective February 12, 1998, 23 TexReg 1024; amended to be effective August23,1998, 23 TexReg 8438; amended to be effective August 19, 1999, 24 TexReg 6295; amended to be effective April 15, 2001, 26 TexReg 2712; amended to be effective August 15, 2002, 27 TexReg 7120; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective August 4, 2004, 29 TexReg 7304; amended to be effective April 13, 2005, 30 TexReg 2067; amended to be effective October 13, 2005, 30 TexReg 6433; amended to be effective June 7, 2006, 31 TexReg 4643; amended to be effective October 15, 2008, 33 TexReg 8514; amended to be effective December 9, 2009, 34 TexReg 8726; amended to be effective April 13, 2011, 36 TexReg 2245; amended to be effective April 11, 2012, 37 TexReg 2404; amended to be effective April 16, 2014, 39 TexReg 2852; amended to be effective October 12, 2016, 41 TexReg 8068; amended to be effective December 2, 2020, 45 TexReg 8519; amended to beeffective February 8, 2023, 48 TexReg 517 |
