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Texas Register

TITLE 22	EXAMINING BOARDS
PART 9	TEXAS MEDICAL BOARD
CHAPTER 187	PROCEDURAL RULES
SUBCHAPTER F	TEMPORARY SUSPENSION PROCEEDINGS
RULE §187.56	Convening a Disciplinary Panel
ISSUE	01/20/2006
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(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 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 5, 2006

TRD-200600088

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: January 25, 2006

Proposal publication date: November 4, 2005

For further information, please call: (512) 305-7016

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