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RULE §98.121Texas HIV Medication Advisory Committee

(a) The committee. The Texas HIV Medication Advisory Committee is mandated under Texas Health and Safety Code Chapter 85, Subchapter K, and is governed under the terms of those statutory provisions and by this section. The purpose of the committee is to advise the executive commissioner and the Texas Department of State Health Services (department) in the development of procedures and guidelines for the Texas HIV Medication Program (program).

(b) Tasks. The committee shall:

  (1) review the aims and the goals of the program;

  (2) evaluate ongoing program efforts;

  (3) recommend both short-range and long-range goals and objectives for medication needs;

  (4) recommend medications for addition to or deletion from the program's formulary; and

  (5) carry out any other tasks given to the committee by the executive commissioner.

(c) Committee abolished. By August 1, 2030, the executive commissioner will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(d) Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.

  (1) Members shall be appointed for staggered terms so that the terms of a substantially equivalent number of members will expire on December 31st of each even-numbered year.

  (2) If a vacancy occurs, a person may be appointed to serve the unexpired portion of that term.

(e) Meetings. The committee shall meet only as necessary to conduct committee business.

  (1) A quorum for the purpose of transacting official business is six members.

  (2) The committee is authorized to transact official business only when in a legally constituted meeting with quorum present.

(f) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which they are assigned.

  (1) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting.

  (2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings.

Source Note: The provisions of this §98.121 adopted to be effective October 28, 2012, 37 TexReg 8318; amended to be effective February 9, 2017, 42 TexReg 430; amended to be effective October 5, 2020, 45 TexReg 7041

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