OCCUPATIONS CODE
CHAPTER 152. STATE BOARD OF MEDICAL EXAMINERS
SUBCHAPTER A. ORGANIZATION OF BOARD
§ 152.001. TEXAS STATE BOARD OF MEDICAL EXAMINERS. The
Texas State Board of Medical Examiners is an agency of the executive
branch of state government with the power to regulate the practice
of medicine.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.002. BOARD MEMBERSHIP. (a) The board consists
of 19 members appointed by the governor with the advice and consent
of the senate as follows:
(1) twelve members who are learned and eminent
physicians licensed in this state for at least three years before
the appointment, nine of whom must be graduates of a reputable
medical school or college with a degree of doctor of medicine (M.D.)
and three of whom must be graduates of a reputable medical school or
college with a degree of doctor of osteopathic medicine (D.O.); and
(2) seven members who represent the public.
(b) Appointments to the board shall be made without regard
to race, color, disability, sex, religion, age, or national origin
of the appointee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 1170, § 26.01, eff. Sept. 1, 2003.
§ 152.003. ADDITIONAL MEMBERSHIP REQUIREMENTS. (a) In
this section:
(1) "Direct provider of health care" includes:
(A) an athletic trainer;
(B) a chiropractor;
(C) a dentist;
(D) a hospital administrator;
(E) a licensed vocational nurse;
(F) a nursing home administrator;
(G) an optometrist;
(H) a pharmacist;
(I) a physical therapist;
(J) a physician assistant;
(K) a podiatrist;
(L) a psychologist;
(M) a registered nurse; and
(N) a social psychotherapist.
(2) "Fiduciary position or interest" means a position
or interest with respect to an entity that has the character of a
trust. The term includes:
(A) a member of a board of directors;
(B) an officer;
(C) a majority shareholder;
(D) an agent; and
(E) a person who, directly or through that
person's spouse, receives more than one-tenth of the person's
annual income from compensation for research into or instruction in
the provision of health care received from:
(i) a health care entity or other person,
association, or organization engaged in the provision of health
care; or
(ii) a person, association, or organization
engaged in producing drugs or analogous products.
(3) "Immediate family member" means the parent,
spouse, child, or sibling of a person who resides in the same
household as the person.
(4) "Provider of health care" means:
(A) a direct provider of health care:
(i) whose primary current activity is the
provision of health care to persons or the administration of
facilities or institutions in which that care is provided,
including hospitals, long-term care facilities, out-patient
facilities, and health maintenance organizations;
(ii) who, if required by law or otherwise,
has received professional or other training in the provision of
that care or administration; and
(iii) who is licensed or certified or
otherwise claims the authority to provide that care or
administration;
(B) a person who is an indirect provider of
health care in that the person holds a fiduciary position with or
has a fiduciary interest in a health care entity;
(C) a member of the immediate family of a person
described by this subdivision;
(D) a person who is engaged in or employed by an
entity issuing a policy or contract of individual or group health
insurance or hospital or medical service benefits; or
(E) a person who is employed by, on the board of
directors of, or holds elective office by or under the authority of
a unit of federal, state, or local government or any organization
that receives a significant part of its funding from a unit of
federal, state, or local government.
(b) A public member may not be:
(1) licensed to practice medicine;
(2) financially involved in any organization subject
to regulation by the board; or
(3) a provider of health care.
(c) Each public member must be a resident of this state for
at least the five years preceding appointment.
(d) Each physician board member must be actively engaged in:
(1) the practice of medicine for at least the five
years preceding appointment; and
(2) medical peer review at a health care entity for at
least the three years preceding appointment.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.004. MEMBERSHIP AND EMPLOYEE
RESTRICTIONS. (a) In this section, "Texas trade or professional
association" means a nonprofit, cooperative, and voluntarily
joined association of business or professional competitors in this
state designed to assist its members and its industry or profession
in dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person is ineligible for appointment to the board if,
at the time of appointment, the person is younger than 18 years of
age or is a stockholder, paid full-time faculty member, or a member
of the board of trustees of a medical school.
(c) A person may not be a member of the board if the person
is serving as the president, vice president, secretary, or
treasurer of a statewide or national organization incorporated to
represent the entire profession licensed to practice medicine in
this state or the United States, including an organization
representing the practice of osteopathic medicine, or is an
employee of such an organization.
(d) An officer, employee, or paid consultant of a Texas
trade or professional association in the field of health care may
not be a board member or employee who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule.
(e) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade or professional association in the
field of health care may not be a board member or employee who is
exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule.
(f) A person may not serve as a member of the board or act as
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.005. TERMS; VACANCY. (a) Members of the board
serve staggered six-year terms.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a person to fill the vacancy.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.006. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the
qualifications required by Section 152.002;
(2) does not maintain during service on the board the
qualifications required by Section 152.002;
(3) violates a prohibition established by Section
152.004;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
president of the board of the potential ground. The president shall
then notify the governor that a potential ground for removal
exists.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.007. PER DIEM. (a) Each board member is entitled
to receive a per diem as set by legislative appropriation for each
day that the member engages in the business of the board.
(b) If the General Appropriations Act does not prescribe the
amount of the per diem, the per diem consists of actual expenses for
meals, lodging, and transportation, plus $100.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.008. OFFICERS. Not later than December after each
regular session of the legislature, the governor shall appoint from
the members of the board a president and the board shall elect from
its members a vice president, secretary-treasurer, and other
officers as are required, in the board's opinion, to carry out the
board's duties.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.009. MEETINGS; QUORUM REQUIREMENTS. (a) The
board shall conduct regular meetings at least four times a year at
the times and places the board considers most convenient for
applicants and board members.
(b) The board may hold special meetings in accordance with
rules adopted by the board.
(c) After hearing all evidence and arguments in an open
meeting, the board may conduct deliberations relating to license
applications and disciplinary actions in executive sessions. The
board shall vote and announce its decisions in open session.
(d) A majority of the appointed board members constitutes a
quorum for all purposes except for a board activity related to
examining the credentials of license applicants as provided by
Section 155.053.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.010. TRAINING; GUIDELINES. (a) Before a board
member may assume the member's duties and before the member may be
confirmed by the senate, the member must complete at least one
course of a training program established by the board under this
section.
(b) The training program shall provide information to a
participant regarding:
(1) this subtitle;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of Chapters 551, 552, 2001, and
2002, Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) In developing the training program, the board shall
consult with the governor, the attorney general, and the Texas
Ethics Commission.
(d) If another state agency or entity is given the authority
to establish the training requirements for board members, the board
shall allow that training instead of developing its own program.
Each board member shall comply with the training requirements
established by the other state agency or entity.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
§ 152.051. EXECUTIVE DIRECTOR. (a) The board shall
appoint an executive director. The executive director serves as
the chief executive and administrative officer of the board.
(b) The executive director serves at the pleasure of the
board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.052. EXECUTIVE DIRECTOR POWERS AND DUTIES. The
executive director shall administer and enforce this subtitle under
the supervision and at the direction of the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.054. CHIEF OPERATING OFFICER; MEDICAL
DIRECTOR. (a) The executive director may employ a chief
operating officer to:
(1) administer, implement, and monitor systems and
necessary measures to promote the quality and efficiency of board
operations; and
(2) perform other duties as assigned by the executive
director.
(b) If the executive director is not a physician licensed to
practice in this state, the executive director shall appoint a
medical director who is:
(1) a physician licensed to practice in this state;
and
(2) primarily responsible for implementing and
maintaining policies, systems, and measures regarding clinical and
professional issues and determinations.
(c) The chief operating officer or medical director acts
under the supervision and at the direction of the executive
director.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.055. PERSONNEL. (a) The board shall employ,
compensate, and provide persons as determined necessary by the
board to administer this subtitle, including administrators,
clerks, employees, consultants, and professionals.
(b) The board shall reimburse those persons for actual and
necessary expenses, including investigation expenses, travel
expenses, and other incidental expenses, incurred in the
performance of official duties as determined by the board.
(c) An employee of the board may not be employed by or paid a
fee for services provided by a statewide or national organization
incorporated to represent the entire profession licensed to
practice medicine in this state or the United States, including an
organization representing the practice of osteopathic medicine.
(d) A person is not eligible to serve as an employee of the
board if the person is related within the second degree by affinity
or within the third degree by consanguinity, as determined under
Chapter 573, Government Code, to a person who is employed by or paid
a fee for services provided by an organization described by
Subsection (c).
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.056. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly define the
respective responsibilities of the board and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.057. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this
subtitle; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.058. CAREER LADDER; ANNUAL PERFORMANCE
EVALUATIONS. (a) The executive director or the executive
director's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of all
nonentry-level positions concurrently with any public posting.
(b) The board shall develop a system of annual performance
evaluations of the board's employees based on measurable job tasks.
Any merit pay authorized by the board must be based on the system
established under this subsection.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 152.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of an equal employment opportunity program
under which all personnel decisions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with requirements
adopted under Chapter 21, Labor Code;
(2) a comprehensive analysis of the board's workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board's workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those
areas of significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually and reviewed by the Commission
on Human Rights for compliance with requirements adopted under
Chapter 21, Labor Code; and
(3) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection (b).
The report may be made separately or as a part of other biennial
reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
