Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 9 - TEXAS MEDICAL BOARD
Chapter 161 - GENERAL PROVISIONS
Section 161.3 - Organization and Structure
Universal Citation: 22 TX Admin Code ยง 161.3
Current through Reg. 49, No. 38; September 20, 2024
(a) Each board member shall meet and maintain the qualifications for board membership and execute their duties as set by law.
(b) A board member should strive to achieve and project the highest standards of professional conduct. Such standards include:
(1) A board member should not accept
or solicit any benefit that might influence the board member in the discharge
of official duties or that the board member knows or should know is being
offered with the intent to influence official conduct.
(2) A board member should not accept
employment or engage in any business or professional activity that would
involve the disclosure of confidential information acquired by reason of the
official position as a board member.
(3) A board member should not accept
employment that could impair independence of judgment in the performance of the
board member's official duties.
(4)
A board member should not make personal investments that could reasonably be
expected to create a conflict between the board member's private interest and
the public interest.
(5) A board
member should not intentionally or knowingly solicit, accept, or agree to
accept any benefit for having exercised the board member's official powers or
performed the board member's official duties in favor of another.
(6) A board member should be fair and
impartial in the conduct of the business of the board. A board member should
project such fairness and impartiality in any meeting or hearing.
(7) A board member should be diligent in
preparing for meetings and hearings.
(8) A board member should avoid conflicts of
interests. If a conflict of interest should unintentionally occur, the board
member should recuse himself or herself from participating in any matter before
the board that could be affected by the conflict.
(9) A board member should avoid the use the
board member's official position to imply professional superiority or
competence.
(10) A board member
should avoid the use of the board member's official position as an endorsement
in any health care related matter.
(11) Board member appearances.
(A) A board member should not appear as an
expert witness in any case in which a licensee of the board is a party and in
which the expert testimony relates to standard of care or professional
malpractice. A board member may provide expert testimony if the board member
has been called primarily as a fact witness. A board member should disclose any
potential employment as an expert witness to and seek prior approval of the
board's executive committee. When providing expert testimony in any matter, a
board member should state that any opinion of the board member is not on behalf
of or approved by the board and should not claim special expertise because of
board membership.
(B) A board
member shall not appear in any administrative proceeding involving the exercise
of the board's licensing or disciplinary authority before the board or the
State Office of Administrative Hearings in which proceeding a licensee of the
board is a party. A board member may furnish a written statement for a licensee
to use in such administrative proceedings only if:
(i) the board member sought and received in
writing the prior approval of the board's executive committee;
(ii) the written statement of the board
member used by a licensee presents only facts that the board member has
personally witnessed and does not offer or provide any statement as to
character of the licensee or characterization of the events witnessed;
and
(iii) the written statement
plainly states that the recitation of the witnessed facts is not an indication
of in any manner that the board concurs with, agrees to, or supports those
facts or the board member in his or her action.
(12) A board member should refrain from
making any statement that implies that the board member is speaking for the
board if the board has not voted on an issue or unless the board has given the
board member such authority.
(c) Report of Potential Grounds for Removal. In addition to Section 152.006 of the Act, the following are grounds for potential removal that must be reported are as follows:
(1) For purposes of Section 152.006(a)(5), a
board member shall be considered to have been absent from a regularly scheduled
board meeting if the member fails to attend at least a portion of either a full
board session or a portion of a regularly scheduled committee meeting to which
a member is assigned during such board meeting. Any dispute or controversy as
to whether or not an absence has occurred shall be submitted to the full board
for resolution by a majority vote after giving the purported absentee the
opportunity to present information concerning the alleged absences and after
allowing discussion by other members of the board.
(2) A board member who is subject of a
non-disciplinary or disciplinary action, including but not limited to any
remedial plan, board order, or administrative penalty, regardless of the nature
of the violation(s) that led to the remedial plan, board order, or
administrative penalty.
Each member of the board shall receive per diem as provided by law for each day that the member engages in the business of the board and will be reimbursed for travel expenses incurred in accordance with the state of Texas and board's travel policies.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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