| (a) Composition. Upon a determination under §277.13
of this title (relating to Complaints Resulting From Glaucoma Treatment
- Investigation Process) by the Case Review Consultant that a Respondent
has violated the standard of care for the treatment of glaucoma, the
Texas Optometry Board shall forward the complaint and report to an
Expert Panel appointed by the Texas Optometry Board and the Texas
Medical Board. The panel shall be composed of an equal number of physicians
who specialize in ophthalmology and therapeutic optometrists. Ophthalmologists
shall be selected from a list approved by the Texas Medical Board
for such purposes and the therapeutic optometrists certified as Optometric
Glaucoma Specialists shall be selected from a list approved by the
Texas Optometry Board.
(b) Qualifications. To be eligible to serve as a Case
Review Consultant or as a member of the Expert Panel, interest shall
be submitted to the Texas Optometry Board and Texas Medical Board
through an application. The Texas Optometry Board and Texas Medical
Board will collaborate to approve Case Review Consultants and Expert
Panel Members. An applicant may be considered if they meet the following
criteria:
(1) Is a Texas-licensed therapeutic optometrist certified
as an Optometric Glaucoma Specialist or a Texas-licensed physician
specializing in ophthalmology who has been in active practice in Texas
for at least the last five (5) consecutive years immediately preceding
the application;
(2) Has had no disciplinary action taken by any healthcare
regulatory board in Texas or in another state within the last 10 years;
(3) Is not a member of the faculty or board of trustees
of an optometry school or an institution of higher education with
an affiliated school of optometry; or
(4) Is not an officer, employee, or paid consultant
of a Texas trade association, or married to a spouse who is an officer,
employee, or paid consultant of a Texas trade association, as defined
by §351.053 of the Optometry Act, in the field of health care.
(c) Payment. Approved Case Review Consultants and Expert
Panel Members shall enter a contract for services with the Texas Optometry
Board. The Texas Optometry Board shall pay a reasonable, contracted
fee to each Case Review Consultant and Expert Panel member.
(d) Term; Resignation; Removal. A Case Review Consultant
or Expert Panel member shall serve until resignation, removal, or
non-renewal of contract. A Case Review Consultant or Expert Panel
member may resign at any time with at least five (5) business days'
advance notice to the Board and, if necessary, the Texas Medical Board.
A Case Review Consultant or Expert Panel member may be removed for
good cause at any time, with the approval of the Texas Optometry Board
and the Texas Medical Board. Good cause for removal may include without
limitation:
(1) Failure to maintain eligibility requirements;
(2) Failure to inform the Board of known potential
or apparent conflicts of interest;
(3) Repeated failure to timely review complaints or
timely submit reports to the Board;
(4) Sharing of confidential information regarding complaints;
or
(5) Direct contact with the Complainant, Respondent
and/or other health care providers identified in the complaint.
(e) Vacancy on Expert Panel. A vacancy of the therapeutic
optometrist serving on the Expert Panel shall be filled by selecting
another qualified individual from the list approved by the Texas Optometry
Board, and a vacancy of an ophthalmologist serving on the Expert Panel
shall be filled by selecting another individual from the list approved
by the Texas Medical Board.
(f) Conflict of Interest. If a Case Review Consultant
or Expert Panel member has a known personal or professional interest
that might reasonably tend to influence the discharge of the individual's
duties in the review of case, the Case Review Consultant or Expert
Panel member shall disclose that conflict immediately to the Executive
Director for assignment to a different Case Review Consultant or Expert
Panel member.
(1) A potential professional conflict of interest exists
if the reviewer lives or practices optometry and/or ophthalmology
in the same geographical market as the Respondent in the filed complaint
and is in direct competition with the licensee.
(2) A potential personal conflict of interest exists
if the reviewer has a personal relationship with the Respondent and/or
complainant. A personal relationship is considered to be a situation
in which the Case Review Consultant or Expert Panel member has personal
interests such as financial interests, family or social factors that
could impair one's ability to act impartially.
(g) Expert Panel Review of Case. The Expert Panel members
will be provided with the Case Review Consultant's report and all
relevant information related to the complaint, including records collected
by the agency during the investigation. The Expert Panel members shall
submit to the Texas Optometry Board a written report (or separate
reports in the event the members of the panel do not have consensus)
which includes whether the therapeutic optometrist should be subject
to disciplinary action and, if so, whether the disciplinary action
should include suspension or revocation of the therapeutic optometrist's
license or certificate issued under §351.3581(a) of the Optometry
Act.
(h) Upon receipt of an Expert Panel Report, the Board
shall evaluate the report, complaint, and any other relevant information
and shall comply with §277.2 of this title (relating to Disciplinary
Proceedings) as necessary. The Expert Panel recommendations are not
binding but the Board may give deference to the Panel's findings when
making a final determination for disciplinary action.
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