(a)The President of the board shall [is hereby granted approval to] appoint a three-member disciplinary panel at the direction of [or with the approval 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 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 Public Information Act, Chapter 551, Tex. Gov't Code, 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 August 25, 2003
TRD-200305483 Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: October 5, 2003
For further information, please call: (5112) 305-7016
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