| (a) The board may meet up to four times a year, with
a minimum of two times a year to carry out the mandates of the Act.
(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) 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 one more than half the board's membership at the time of the meeting.
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 physician assistant
member of the physician assistant 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 a secretary for one year.
(f) The board, at a regular meeting or special meeting,
upon majority vote of the members present, may remove the secretary
from office.
(g) 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 physician assistant,
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) - (3) 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) Draft and review proposed rules regarding licensure,
and make recommendations to the board regarding changes or implementation
of such rules.
(B) Draft and 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 physician
assistant 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) Draft and review proposed rules regarding the discipline
of physician assistants and 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 regulations of practice of Physician Assistants;
(C) Review inquiries regarding policy or administrative
procedure;
(D) Delegate tasks to other committees;
(E) Take action on 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; and
(J) Make recommendations to the board regarding matters
brought to the attention of the Executive Committee.
(h) 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, the Act, or the Medical
Practice 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.
(i) Journalists have the same right of access as other
members of the public to board meetings conducted in open session,
and are also subject to the same rules. Observers of any 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 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 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;
and the 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 secretary of the 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 secretary, the members of the board
may elect another physician assistant member to act as the presiding
officer of a board meeting or as 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 secretary, the board shall
elect a secretary from its membership an officer 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.
(m) 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 §185.3 adopted to be effective January 12, 1996, 21 TexReg 109; amended to be effective November 3, 2002, 27 TexReg 10027; amended to be effective June 29, 2003, 28 TexReg 4634; amended to be effective June 29, 2006, 31 TexReg 5105; amended to be effective April 7, 2011, 36 TexReg 2123; amended to be effective January 3, 2016, 40 TexReg 9640 |
