(a) Statement of Purpose. Texas Occupations Code, §167.012, added by the 86th Legislature, provides that the Texas Medical Board (TMB) and the Texas Physician Health Program (TXPHP) by rule shall adopt a memorandum of understanding (MOU) to better coordinate services and operations of TXPHP. Additionally, this MOU shall inform the public of each agency's responsibilities and the procedures for providing support to TXPHP as a program administratively attached to the TMB.
(b) Scope of Administrative Attachment. TXPHP shall receive services in the same manner as a department within the TMB. TXPHP shall have the reciprocal obligation to comply with all policies and procedures of all other respective departments of TMB providing services to TXPHP. The following services shall be provided by TMB:
  (1) Executive services;
  (2) Financial and support services;
  (3) Human resources;
  (4) Information technology resources;
  (5) General counsel legal services;
  (6) Governmental affairs and communication services; and
  (7) Other administrative services as necessary.
(c) Performance Measures. TXPHP shall report to the TMB at every scheduled Disciplinary Process Review Committee meeting those performance measures listed in the TMB Legislative Appropriations Report as well as additional measures as necessary to perform internal audits.
(d) Internal Audit. TMB shall review TXPHP's operations and program once every three years to ascertain whether the results are consistent with established objectives and goals, and whether the operations or programs are being carried out as planned. TMB shall set out performance and accountability standards.
(e) Other Duties and Obligations. TMB and TXPHP agree to share information in a timely manner in order to implement their various duties regarding licensees, applicants, and participants. Any such information shared between TMB and TXPHP is confidential, pursuant to the Texas Occupations Code including §§164.007 and 167.010, and other relevant statutes. All information will be safeguarded and its confidentiality maintained in accordance with such laws.
  (1) TMB agrees to timely provide to TXPHP information as necessary for TXPHP to process a referral pursuant to Texas Occupations Code, §167.009, including all available contact information of the individual being referred. TXPHP agrees to timely provide TMB with information regarding the resolution of referrals, as needed for TMB's resolution of such referrals.
  (2) TXPHP agrees to report participant information as provided by Texas Occupations Code, §167.010(b) and (c). A report under this subsection shall include all information in the possession or control of TXPHP not subject to other state or federal confidentiality protections prohibiting its release to TMB.

Source Note: The provisions of this §161.11 adopted to be effective December 31, 2020, 45 TexReg 9521