|(a) Statement of Purpose. Texas Occupations Code, §167.012,
added by the 86th Legislature, provides that the Texas Medical Board
(TMB) and the Texas Physician Health Program (TXPHP) by rule shall
adopt a memorandum of understanding (MOU) to better coordinate services
and operations of TXPHP. Additionally, this MOU shall inform the public
of each agency's responsibilities and the procedures for providing
support to TXPHP as a program administratively attached to the TMB.
(b) Scope of Administrative Attachment. TXPHP shall
receive services in the same manner as a department within the TMB.
TXPHP shall have the reciprocal obligation to comply with all policies
and procedures of all other respective departments of TMB providing
services to TXPHP. The following services shall be provided by TMB:
(1) Executive services;
(2) Financial and support services;
(3) Human resources;
(4) Information technology resources;
(5) General counsel legal services;
(6) Governmental affairs and communication services;
(7) Other administrative services as necessary.
(c) Performance Measures. TXPHP shall report to the
TMB at every scheduled Disciplinary Process Review Committee meeting
those performance measures listed in the TMB Legislative Appropriations
Report as well as additional measures as necessary to perform internal
(d) Internal Audit. TMB shall review TXPHP's operations
and program once every three years to ascertain whether the results
are consistent with established objectives and goals, and whether
the operations or programs are being carried out as planned. TMB shall
set out performance and accountability standards.
(e) Other Duties and Obligations. TMB and TXPHP agree
to share information in a timely manner in order to implement their
various duties regarding licensees, applicants, and participants.
Any such information shared between TMB and TXPHP is confidential,
pursuant to the Texas Occupations Code including §§164.007
and 167.010, and other relevant statutes. All information will be
safeguarded and its confidentiality maintained in accordance with
(1) TMB agrees to timely provide to TXPHP information
as necessary for TXPHP to process a referral pursuant to Texas Occupations
Code, §167.009, including all available contact information of
the individual being referred. TXPHP agrees to timely provide TMB
with information regarding the resolution of referrals, as needed
for TMB's resolution of such referrals.
(2) TXPHP agrees to report participant information
as provided by Texas Occupations Code, §167.010(b) and (c). A
report under this subsection shall include all information in the
possession or control of TXPHP not subject to other state or federal
confidentiality protections prohibiting its release to TMB.