22 Tex. Admin. Code § 161.1 – Meetings

(a) The board shall meet at least four times a year. It shall consider such matters as may be necessary.
(b) Special meetings shall be called by the president of the board or by resolution of the board or upon written request signed by three members of the board.
(c) It is a ground for removal from the board if a board member is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year. If the executive director of the board has knowledge that a potential ground for removal exists due to a member's failure to attend an adequate number of regularly scheduled board meetings, the executive director shall notify the president of the board of the ground. The president shall then notify the governor that a potential ground for removal exists. 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 the 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 an opportunity to be heard and after allowing discussion by other members of the board.
(d) Board and committee meetings shall be conducted pursuant to the provisions of Robert's Rules of Order Newly Revised unless the board by rule adopts a different procedure.
(e) All elections and any other issues requiring a vote of the board shall be decided by a simple majority of the members present. A quorum for transaction of business by the board shall be one more than half the board's membership at the time of the meeting. If more than two candidates contest an election, and if no candidate receives a majority on the first ballot, a second ballot will be conducted between the two candidates receiving the highest number of votes.
(f) At a meeting of the board, the board shall elect from its membership a vice-president and secretary treasurer.
(g) The following are standing and permanent committees of the board, as established by the board in accordance with the Medical Practice Act. The responsibilities and authority of these committees include those duties and powers as set forth below and such other responsibilities and authority which the board may from time to time delegate to these committees. In order to handle the heavy workload of the Licensure Committee, the President of the Board or the Chairman of the Licensure Committee may divide the Licensure Committee into two subcommittees, each of whom will make recommendations to the Board.
1. (1) Disciplinary Process Review Committee:
  1. (A) oversee the disciplinary process and give guidance to the board and board staff regarding means to improve the disciplinary process and more effectively enforce the Medical Practice Act;
  2. (B) monitor the effectiveness, appropriateness and timeliness of the disciplinary process and enforcement of the Medical Practice Act;
  3. (C) make recommendations regarding resolution and disposition of specific cases and approve, adopt, modify, or reject recommendations from board staff or board representatives regarding actions to be taken on pending cases. Approve dismissals of complaints and closure of investigations;
  4. (D) carry out the tasks and duties set forth in Chapter 187 of this title (relating to Procedure);
  5. (E) make recommendations to the board staff and the board regarding policies, priorities, budget, and any other matters related to the disciplinary process and enforcement of the Medical Practice Act.
2. (2) Executive Committee:
  1. (A) review agendum for board meetings;
  2. (B) ensure records are maintained of all committee actions;
  3. (C) delegate tasks to other committees;
  4. (D) take actions on matters of urgency that may arise between board meetings;
  5. (E) review contract negotiations;
  6. (F) review staff reports regarding finances and the budget;
  7. (G) make recommendations to the board regarding matters brought to the attention of the executive committee.
3. (3) Finance Committee:
  1. (A) review staff reports regarding finances and the budget;
  2. (B) present budget needs to the Legislature and other state officials;
  3. (C) recommend proper fees for the agency to charge;
  4. (D) consider and make recommendations to the board regarding any aspect of board finances.
4. (4) Legislative/Long Range Planning Committee:
  1. (A) study and make recommendations to the board regarding changes to the Medical Practice Act;
  2. (B) review and make recommendations to the board regarding proposed legislative changes for the regulation of medicine;
  3. (C) provide reports and recommendations to the board in regard to changes or proposed changes regarding the Medical Practice Act and the laws regulating the practice of medicine;
  4. (D) establish communication with members of the Legislature;
  5. (E) assist in the organization, preparation, and delivery of information and testimony to the Legislature and committees of the Legislature;
  6. (F) formulate and make recommendations to the board concerning future board goals and objectives and the establishment of priorities and methods for their accomplishment;
  7. (G) study and make recommendations to the board regarding the role and responsibility of the board offices and committees;
  8. (H) study and make recommendations to the board regarding the role and responsibility of individuals retained by the board;
  9. (I) study and make recommendations to the board regarding ways to improve the efficiency and effectiveness of the administration of the board;
  10. (J) study and make recommendations to the board regarding board rules or any area of a board function that, in the judgment of the committee, needs consideration;
  11. (K) make recommendations to the board regarding matters brought to the attention of the legislative/long range planning committee.
5. (5) Licensure Committee:
  1. (A) review applications for licensure, make a determination of eligibility and report to the board its recommendations as provided by the Medical Practice Act;
  2. (B) review board rules regarding licensure and make recommendations to the board regarding changes or implementation of such rules;
  3. (C) determine that the board approves each examination administered;
  4. (D) report to the board any problems in the administration of examinations and recommend and implement ways of correcting identified problems;
  5. (E) report results of examinations to the board for its approval;
  6. (F) be available for consultation with representatives of medical schools regarding issues related to performance on examinations;
  7. (G) make recommendations to the board regarding postgraduate training permits and issues concerning physicians in training.
  8. (H) maintain communication with medical schools;
  9. (I) be available for assistance with problems relating to medical school issues which may arise within the purview of the board;
  10. (J) plan and make visits to medical schools at specified intervals, with the goal of promoting opportunities to meet with the students so that they may become aware of the board and its functions;
  11. (K) develop information in regard to international medical schools in the areas of curriculum, faculty, facilities, academic resources, and performance of graduates;
  12. (L) study and make recommendations regarding documentation and verification of records from international medical schools;
  13. (M) coordinate cooperative efforts with the Educational Commission for Foreign Medical Graduates;
  14. (N) make recommendations concerning reactivation of licenses for physicians on retired status;
  15. (O) make recommendations to the board regarding matters brought to the attention of the licensure committee.
6. (6) Non-Profit Health Organizations Committee:
  1. (A) review applications for approval and certification of non-profit health organizations pursuant to the Medical Practice Act, Tex. Occ. Code Ann. §162.001;
  2. (B) review applications and reports for continued approval and certification of non-profit health organizations pursuant to the Medical Practice Act, Tex. Occ. Code Ann. §162.001;
  3. (C) make initial determinations and recommendations to the board regarding approval, denial, revocation, decertification, or continued approval and certification of non-profit health organizations pursuant to the Medical Practice Act, Tex. Occ. Code Ann. §162.001;
  4. (D) review board rules regarding non-profit health organizations, and make recommendations to the board regarding changes or implementation of such rules;
  5. (E) make recommendations to the board regarding matters brought to the attention of the non-profit health organizations committee.
7. (7) Public Information/Physician Profile Committee:
  1. (A) develop informational brochures for distribution to the public;
  2. (B) review and make recommendations to the board in regard to press releases, newsletters, and other publications;
  3. (C) exhibit display booths at conventions;
  4. (D) study and make recommendations to the board regarding all aspects of public information or public relations;
  5. (E) study and make recommendation to the board regarding all aspects of physician profiles;
  6. (F) make recommendations to the board regarding matters brought to the attention of the public information committee.
8. (8) Standing Orders Committee:
  1. (A) oversee and make recommendations to the board regarding any aspect of standing orders;
  2. (B) review applications for acudetox specialist certification, make a determination of eligibility and report to the board its recommendations as provided by the Medical Practice Act;
  3. (C) review and make recommendations to the board regarding board rules pertaining to standing orders, acudetox specialist certification, and continuing auricular acupuncture education;
  4. (D) make recommendations to the board regarding issues concerning or referred by the Board of Acupuncture Examiners or other acupuncture issues;
  5. (E) make recommendations to the board regarding issues concerning or referred by the Board of Physician Assistant Examiners;
  6. (F) study and make recommendations to the board concerning ethical issues related to the practice of medicine;
  7. (G) draft, revise, and propose written statements, guidelines, and newsletter articles pertaining to medical ethics;
  8. (H) make recommendations to the board regarding matters brought to the attention of the standing orders committee.
9. (9) Telemedicine Committee:
  1. (A) review, study and make recommendations to the board concerning the practice of telemedicine, including but not limited to licensure, regulation, and/or discipline of telemedicine license holders or applicants;
  2. (B) review, study and make recommendations to the board concerning interstate and intrastate telemedicine issues;
  3. (C) review, study and make recommendations to the board concerning board rules regarding or affecting the practice of telemedicine;
  4. (D) review, study and make recommendations to the board concerning any other issue brought to the attention of the committee.
(h) The board shall contract with an executive director to act as the chief executive and administrative officer of the board. The executive director's duties shall be to assist in conducting meetings of the board and to carry out other responsibilities as provided by the Medical Practice Act. The executive director shall be compensated as provided in the Appropriations Act. Any responsibilities or authority of the secretary-treasurer of the board described in any rules of the board may be exercised by the executive director unless the board assigns specific duties or prerogatives exclusively to the secretary-treasurer.
(i) To assist with meetings and functions of the board, the board may direct the executive director to employ a general counsel for the Texas State Board of Medical Examiners. He or she shall be a member of the State Bar of Texas, but may not be a lobbyist registered with the Office of the Secretary of State of Texas. No person required to register personally as a lobbyist representing physicians, health care entities, or health care related professions may be employed by the board in any capacity. The executive director or secretary-treasurer may employ, compensate, and provide for special hearings and meetings, administrative hearing officers, and other professionals as may be found necessary in the executive director's or secretary-treasurer's opinion to provide for legal services.
(j) The board shall authorize the executive director or secretary-treasurer to employ, compensate, and provide administrators, clerks, employees, consultants, professionals, and other persons as may be found necessary in the executive director's or secretary-treasurer's opinion, to carry out the duties related to meetings of the board and other provisions of the Medical Practice Act. The board shall authorize the executive director or secretary-treasurer to reimburse the previously mentioned persons for actual and necessary expenses, including investigation expenses, travel, and other incidental expenses incurred in the performance of official duties as determined by the executive director or secretary-treasurer.
(k) Meetings of the board and of its committees are open to the public unless such meetings are conducted in executive session pursuant to state law and the Medical Practice Act, Tex. Occ. Code Ann. §152.009. In order that board meetings may be conducted safely, efficiently, and with decorum, members of the public shall refrain at all times from smoking or using tobacco products, eating, or reading newspapers and magazines. Members of the public may not engage in disruptive activity that interferes with board proceedings, including excessive movement within the meeting room, noise or loud talking, and resting of feet on tables and chairs. The public shall remain within those areas of the board's offices designated as open to the public. Members of the public shall not address or question board members during meetings unless recognized by the board's presiding officer pursuant to a published agenda item.
(l) Journalists have the same right of access as other members of the public to board meetings conducted in open session, and are also subject to the rules of conduct described in subsection (k) of this section. Observers of any board meeting may make audio or visual recordings of such proceedings conducted in open session subject to the following limitations. The board's presiding officer may request periodically that camera operators extinguish their artificial lights to allow excessive heat to dissipate. Camera operators may not assemble or disassemble their equipment while the board is in session and conducting business. Persons seeking to position microphones for recording board proceedings may not disrupt the meeting or disturb participants. Journalists may conduct interviews in the reception area of the board's offices or, at the discretion of the board's presiding officer, in the meeting room after recess or adjournment. No interviews may be conducted in the hallways of the board's offices. The board's presiding officer may exclude from a meeting any person who, after being duly warned, persists in conduct described in this subsection and subsection (k) of this section.

Source Note:The provisions of this §161.1 adopted to be effective January 1, 1976; amended to be effective October 27, 1981, 6 TexReg 3811; amended to be effective April 18, 1988, 13 TexReg 1610; amended to be effective October 6, 1989, 14 TexReg 4915; amended to be effective July 20, 1993, 18 TexReg 4393; amended to be effective August 15, 1994, 19 TexReg 5951; amended to be effective April 7, 1995, 20 TexReg 2211; amended to be effective January 12, 1996, 21 TexReg 105; amended to be effective October 22, 1996, 21 TexReg 9826; amended to be effective December 23, 1997, 22 TexReg 12489; amended to be effective November 22, 1998, 23 TexReg 11652; amended to be effective November 10, 1999, 24 TexReg9835; amended to be effective October 17, 2001, 26 TexReg 8068.