(a)The President of the board shall appoint a three-member disciplinary panel at the direction of any committee chair, any member of the Executive Committee, or any informal show compliance proceeding panel conveyed either verbally or in writing to the executive director or general counsel of the board. (b)The disciplinary panel shall be composed of three members of the board, at least one of whom [which] must be a physician. The President of the board shall name a chair of the disciplinary panel. (c)In the event of the recusal of a disciplinary panel member or the inability of a panel member to attend a temporary suspension proceeding, an alternate board member may serve on the disciplinary panel upon appointment by the president or presiding officer of the board. (d)Notwithstanding the Open Meetings Act, Chapter 551, Tex. Gov't Code, and in accordance with Section 164.059(d) of the Act, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and the convening at one location of the disciplinary panel is inconvenient for any member of the disciplinary panel. (e)A hearing before a disciplinary panel shall constitute a hearing before the board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office
of the Secretary of State on October 24, 2005
TRD-200504792 Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: December 4, 2005
For further information, please call: (512) 305-7016
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