(a) Governing Board.
  (1) Appointments.
    (A) The president of the Medical Board in consultation with the presiding chair of the PA Board, and with the advice of stakeholders, shall appoint 11 qualified individuals with good professional character to serve on the Governing Board of the Program.
    (B) The appointees shall include physicians, physician assistants, and other related professionals with experience addressing health conditions commonly found in the population of monitored licensees.
    (C) The appointees shall include:
      (i) six physicians actively licensed in Texas who are doctors of medicine (M.D.) and have been in practice for at least five years;
      (ii) two physicians actively licensed in Texas who are doctors of osteopathic medicine (D.O.) and have been in practice for at least five years;
      (iii) one physician assistant who is actively licensed by the PA Board and has been in practice for at least five years;
      (iv) one other licensed mental health professional with appropriate experience; and
      (v) one member of the public who meets the same requirements as public members of the Medical Board as provided under §152.003 of the Texas Occupations Code.
    (D) Appointees shall serve staggered six-year terms and may be reappointed by the Medical Board president after completion of a term.
    (E) Appointees may not:
      (i) serve on a county medical society committee on physician health and rehabilitation;
      (ii) have patient populations that include Program participants.
    (F) An appointee may be removed if:
      (i) grounds for removal exist under §152.006 of the Texas Occupations Code;
      (ii) the appointee fails to meet the standards of professional conduct under §161.3 of this title (relating to Organization and Structure); or
      (iii) the appointee does not otherwise meet the requirements of this chapter.
    (G) If there is a vacancy on the Governing Board, the Medical Board president in consultation with the presiding chair of the PA Board and with the advice of stakeholders may appoint a new TXPHP Governing Board member.
    (H) The President of the Governing Board shall be appointed by the Medical Board president.
  (2) Responsibilities of the Governing Board. The Governing Board shall:
    (A) provide advice and counsel to the Medical Board;
    (B) establish policy and procedures for the operation and administration of the program; and
    (C) make determinations regarding non-emergent referrals of program participants to the Agency.
  (3) Conflicts of Interest. A Governing Board member should avoid conflicts of interest. If a conflict of interest should unintentionally occur, the Governing Board member should recuse himself or herself from participating in any matter that could be affected by the conflict.
(b) TXPHP Advisory Committee.
  (1) Appointments.
    (A) The Governing Board shall appoint six physicians and mental health care providers actively licensed in Texas with at least five years' experience in disorders commonly affecting program participants to the TXPHP Advisory Committee.
    (B) Appointees shall serve at the pleasure of the Governing Board and each appointment shall be for a term of six years.
    (C) If there is a vacancy on the committee, the Governing Board with the advice of the president of the Medical Board and the presiding officer of the PA Board may appoint a new committee member.
  (2) Responsibilities of the Committee. The committee shall provide opinions upon request of the Governing Board or program staff.
  (3) Conflicts of Interest.
    (A) A committee member should avoid conflicts of interest. If a conflict of interest should unintentionally occur, the committee member should recuse himself or herself from participating in any matter that could be affected by the conflict.
    (B) A committee member must request to be recused in any decision relating to a program participant that the committee member had treated or is currently treating.
(c) Medical Director Qualifications. The medical director:
  (1) serves at the pleasure of the Medical Board;
  (2) must be licensed by the Medical Board;
  (3) must have expertise in a field of medicine relating to disorders commonly affecting program participants; and
  (4) may not treat or supervise a program participant.

Source Note: The provisions of this §180.3 adopted to be effective November 29, 2009, 34 TexReg 8534; amended to be effective September 19, 2010, 35 TexReg 8354; amended to be effective July 5, 2020, 45 TexReg 4338