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Texas Register

TITLE 22	EXAMINING BOARDS
PART 9	TEXAS MEDICAL BOARD
CHAPTER 187	PROCEDURAL RULES
SUBCHAPTER F	TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS
RULE §187.56	Convening a Disciplinary Panel
ISSUE	12/16/2011
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)The President of the board shall appoint a three-member disciplinary panel.

(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. The Executive Director shall submit names to the President of the Board for appointment to a panel based on the prospective panel members' availability and lack of conflict of interests.

(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, Texas Government Code, and in accordance with §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 December 5, 2011

TRD-201105321

Mari Robinson, J.D.

Executive Director

Texas Medical Board

Effective date: December 25, 2011

Proposal publication date: September 30, 2011

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

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