Current through Reg. 49, No. 38; September 20, 2024
(a) Committee. The
committee is established by the department under Health and Safety Code, §
48.101.
(b) Applicable law. The committee is subject
to Government Code, Chapter 2110, concerning state agency advisory committees.
In accordance with Section 2110.006, the department evaluates the committee
annually. If the committee is not continued or consolidated, the committee
shall be abolished on August 31, 2023.
(c) Purpose and tasks.
(1) The committee shall advise the department
and the commission on the implementation of standards, guidelines, and
requirements relating to the training and regulation of persons working as
promotores or community health workers.
(2) The committee shall advise the department
on matters related to the employment and funding of promotores or community
health workers.
(3) The committee
shall provide to the department recommendations for a sustainable Program for
promotores or community health workers.
(d) Composition. The committee shall be
composed of nine members appointed by the Commissioner from the following
categories:
(1) five promotores or community
health workers currently certified by the department;
(2) one public member, which may include a
consumer of community health worker services or a person with paid or volunteer
experience in community health care or social services;
(3) one member from the Higher Education
Coordinating Board, or a higher education faculty member who has teaching
experience in community health, public health or adult education and has
trained promotores or community health workers; and
(4) two professionals who work with
promotores or community health workers in a community setting, including
employers and representatives of non-profit community-based organizations or
faith-based organizations.
(e) Terms of office. The term of office of
each member shall be three years, and a member may apply to be reappointed for
up to one additional term.
(1) If a vacancy
occurs, a person shall be appointed to serve the unexpired portion of that
term.
(2) Members shall be
appointed for staggered terms so that the terms of three members will expire on
August 31st of each year.
(f) Officers. The Commissioner shall appoint
a member of the advisory committee as presiding officer after August 31st of
each year.
(1) The committee may elect a
member of the advisory committee as an assistant presiding officer.
(2) An officer position, either presiding or
assistant presiding officer, must be occupied by a promotor(a) or a community
health worker member.
(3) Each
officer shall serve until the next appointment of officers.
(4) The presiding officer shall preside at
all committee meetings at which the presiding officer is in attendance, call
meetings in accordance with this section, appoint subcommittees of the
committee as necessary, and cause proper reports to be made to the Executive
Commissioner. The presiding officer may serve as an ex-officio member of any
subcommittee of the committee.
(5)
The assistant presiding officer shall perform the duties of the presiding
officer in case of the absence or disability of the presiding officer. In case
the office of presiding officer becomes vacant, the assistant presiding officer
will serve until the Commissioner appoints a successor to complete the
unexpired portion of the term of the office of presiding officer.
(6) A member shall serve no more than two
consecutive terms as an officer of the committee.
(7) The committee may reference its officers
by other terms, such as chairperson and vice-chairperson.
(g) Meetings. The committee shall meet
quarterly to conduct committee business.
(1)
A meeting may be called by agreement of department staff and either the
presiding officer or at least three members of the committee.
(2) Department staff makes meeting
arrangements and contacts committee members to determine availability for a
meeting date and place.
(3) Each
meeting of the committee shall be announced and conducted in accordance with
the Open Meetings Act, Government Code, Chapter 551. The committee is not a
"governmental body" as defined in the Open Meetings Act. Meetings may be
conducted in person, through conference call, or by means of other technology.
(4) Each member of the committee
shall be informed of a committee meeting at least five working days before the
meeting.
(5) Five members of the
committee shall constitute a quorum for the purpose of transacting official
business.
(6) The committee is
authorized to transact official business only when in a legally constituted
meeting with a quorum present, as specified in paragraph (3) of this
subsection.
(7) The agenda for each
committee meeting shall include an item entitled public comment under which any
person will be allowed to address the committee on matters relating to the
business of the committee. Public comment procedures shall be in accordance
with Health and Human Services policy.
(h) Attendance. Members shall attend
committee meetings as scheduled. Members shall attend meetings of subcommittees
to which the member is assigned.
(1) A member
shall notify the presiding officer or appropriate department staff if a member
is unable to attend a scheduled meeting.
(2) It is grounds for removal from the
committee if a member:
(A) cannot discharge
the member's duties for a substantial part of the term for which the member is
appointed because of illness or disability;
(B) is absent from more than half of the
committee and subcommittee meetings during a calendar year; or
(C) is absent from three consecutive
committee meetings.
(3)
The validity of an action of the committee is not affected by the fact that it
is taken when a ground for removal of a member exists.
(i) Staff. The department provides staff
support for the committee.
(j)
Procedures. Committee bylaws shall be the basis of parliamentary decisions
except where otherwise provided by law or rule.
(1) An action taken by the committee must be
approved by a majority vote of the members voting once quorum is established.
(2) Each member shall have one
vote.
(3) A member may not
authorize another person to represent the member by proxy.
(4) The committee shall make decisions in the
discharge of its duties without discrimination based on any person's race,
creed, gender, religion, national origin, age, physical condition, or economic
status.
(5) The department staff
will take minutes of each committee meeting and the committee will review the
minutes for possible approval at the next scheduled meeting.
(k) Subcommittees. The committee
may establish subcommittees as necessary to assist the committee in carrying
out its duties.
(1) The presiding officer
shall appoint members of the committee to serve on subcommittees and to act as
subcommittee chairpersons. The presiding officer may also appoint nonmembers of
the committee to serve on subcommittees. Subcommittee members shall serve for a
term of one year expiring August 31.
(2) Subcommittees shall be composed of no
more than four members of the committee and no more than three nonmembers. The
committee shall maintain a roster of each subcommittee.
(3) Subcommittees shall meet when called by
the subcommittee chairperson or when so directed by the committee.
(4) A subcommittee chairperson shall make
regular reports to the advisory committee at each committee meeting or in
interim written reports as needed. The reports shall include an executive
summary or minutes of each subcommittee meeting.
(l) Statement by members.
(1) The Executive Commissioner, the
Commissioner, the department, and the committee shall not be bound in any way
by any statement or action on the part of any committee member except when a
statement or action is in pursuit of specific instructions from the Executive
Commissioner, the Commissioner, the department, or committee.
(2) The committee and its members shall
follow the policy and provisions as outlined in the statement by members
document in accordance with adopted committee bylaws.
(m) Reports. The committee shall prepare and
file an annual written report with the Commissioner.
(1) The report shall list:
(A) the meeting dates of the committee and
any subcommittees;
(B) the
attendance records of its members;
(C) a brief description of actions taken by
the committee;
(D) a description of
how the committee has accomplished the tasks given to the committee by the
department and the commission;
(E)
anticipated activities of the committee for the next year; and
(F) any amendments to this section requested
by the committee.
(2) The
report shall identify the costs related to the committee.
(3) The report shall cover the meetings and
activities in the immediate preceding calendar year and shall be filed with the
Commissioner by April 30 of each year.
(n) Reimbursement for expenses. In accordance
with the requirements set forth in the Government Code, Chapter 2110, a
committee member may receive reimbursement for the member's travel expenses
incurred for each day the member engages in official committee business if
authorized by the General Appropriations Act or budget execution process. The
committee shall follow reimbursement requirements as outlined in the committee
bylaws.
