(a) The President of the board shall appoint a three-member disciplinary panel.     
      (b) The disciplinary panel shall be composed of three members of the board, at least one of whom must be a physician. The President of the board shall name a chair of the disciplinary panel. The Executive Director shall submit names to the President of the Board for appointment to a panel based on the prospective panel members' availability and lack of conflict of interests.     
      (c) In the event of the recusal of a disciplinary panel member or the inability of a panel member to attend a temporary suspension proceeding, an alternate board member may serve on the disciplinary panel upon appointment by the president or presiding officer of the board.     
      (d) Notwithstanding the Open Meetings Act, Chapter 551, Texas Government Code, and in accordance with §164.059(d) of the Act, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and the convening at one location of the disciplinary panel is inconvenient for any member of the disciplinary panel.     
      (e) A hearing before a disciplinary panel shall constitute a hearing before the board.     
     Source Note:        The provisions of this §187.56 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective December 25, 2011, 36 TexReg 8551