(a) The committee. The Healthcare Safety Advisory Committee (committee) is appointed under and governed by this section.
(b) Applicable law. The committee is subject to Texas Government Code, Chapter 2110.
(c) Purpose. The purpose of the committee is to provide a forum to obtain stakeholder input on program initiatives and proposals for consideration by the Emerging and Acute Infectious Disease Branch (EAIDB) of the Texas Department of State Health Services.
(d) Tasks.
  (1) The committee provides stakeholder feedback related to program initiatives.
  (2) The committee participates in workgroups to develop guidance related to program activities as requested by EAIDB.
(e) Reports to the department.
  (1) The committee files an annual written report with the Executive Commissioner.
    (A) The report includes:
      (i) the meeting dates of the committee;
      (ii) the member attendance records;
      (iii) a brief description of actions taken by the committee;
      (iv) committee accomplishments;
      (v) the status of any committee recommended rules for consideration by the department and the commission;
      (vi) anticipated committee activities of the committee; and
      (vii) any amendments to this section requested by the committee.
      (viii) identifies the costs related to the committee, including the cost of agency staff time spent in support of the committee's activities and the source of funds used to support the committee's activities.
    (B) The report covers the meetings and activities in the immediate preceding calendar year and is filed with the HHSC Executive Commissioner each February of the following calendar year.
  (2) The committee files an annual written report with the Texas Legislature regarding any policy recommendations made to the HHSC Executive Commissioner.
(f) Date of abolition. The committee is abolished September 1, 2020.
(g) Composition.
  (1) The committee is composed of 13 (voting and non-voting) members appointed by the Executive Commissioner.
  (2) The composition of the committee includes:
    (A) two infection prevention and control professionals who:
      (i) are certified by the Certification Board of Infection Control and Epidemiology; and
      (ii) are practicing in a healthcare facility in this state;
    (B) two healthcare safety professionals who:
      (i) are practicing in a healthcare facility in this state; and
      (ii) are employed as professionals in quality assessment and performance improvement;
    (C) three board-certified physicians who:
      (i) are licensed to practice medicine in this state under Texas Occupations Code, Chapter 155;
      (ii) have active medical staff privileges at a healthcare facility in this state; and
      (iii) have demonstrated expertise in the area(s) of quality assessment and performance improvement, healthcare safety, health care epidemiology, antimicrobial resistance activities, or infection control in health care facilities;
    (D) two healthcare facility administrators;
    (E) one licensed pharmacist in this state who:
      (i) has experience in systems to reduce medication errors and in antibiotic stewardship activities; and
      (ii) is practicing in a healthcare facility in this state;
    (F) one nonvoting member who is a department employee representing the licensing of hospitals or ambulatory surgical centers; and
    (G) two members who represent the public as consumers.
  (3) Geographic representation will be considered among equally qualified appointees for each committee position.
(h) Terms of office. Except as may be necessary to stagger terms, the term of office of each member is two years.
  (1) Members are appointed so that the terms of members expire on December 31st of each even-numbered year.
  (2) If a vacancy occurs, a person is appointed to serve the unexpired portion of that term.
(i) Officers. The committee selects a presiding officer and an assistant presiding officer from its members.
  (1) The presiding officer and assistant presiding officer serve until December 31st of each even-numbered year. Both the presiding officer and the assistant presiding officer may retain office until his or her replacement is appointed.
  (2) The presiding officer:
    (A) presides at all committee meetings in which he or she is in attendance;
    (B) calls meetings in accordance with this section;
    (C) appoints subcommittees of the committee as necessary;
    (D) causes proper reports to be made to the Executive Commissioner; and
    (E) may serve as an ex-officio member of any subcommittee of the committee.
  (3) The assistant presiding officer performs the duties of the presiding officer in case of the absence or disability of the presiding officer. If the office of presiding officer becomes vacant, the assistant presiding officer serves as presiding officer until the committee selects a new presiding officer.
  (4) A member shall serve no more than two consecutive terms as presiding officer or assistant presiding officer.
  (5) The committee may reference its officers by other terms, such as chairperson and vice-chairperson.
(j) Meetings. The committee meets as necessary as determined by the department, up to four times per year, to conduct business.
  (1) The committee meets at the call of the presiding officer.
  (2) Meeting arrangements are made by department staff.
  (3) The committee is not a "governmental body" as defined in the Open Meetings Act, Texas Government Code, Chapter 551. Meetings may be conducted in person, through teleconference call, or by means of other technology.
  (4) The committee provides stakeholder feedback only. The committee has no authority to conduct "official business" on the part of the department.
  (5) The agenda for each committee meeting includes an opportunity for new business or for any member to address the committee on matters relating to committee business.
  (6) The agenda for each committee meeting also includes an item entitled public comment under which any person is allowed to address the committee on matters relating to business. The presiding officer may establish procedures for public comment, including a time limit on each comment.
(k) Attendance. Members attend committee meetings as scheduled.
  (1) A member notifies the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting.
  (2) It is grounds for removal from the committee if a member:
    (A) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability;
    (B) is absent from more than half of the committee meetings during a calendar year; or
    (C) is absent from at least three consecutive committee meetings.
  (3) The validity of an action of the committee is not affected by the fact that it is taken when grounds for removal of a member exists per paragraph (2) of this subsection.
(l) Staff. Staff support for the committee is provided by the department.
(m) Procedures. Roberts Rules of Order are the basis of parliamentary decisions, except where otherwise provided by law or rule.
  (1) Any action taken by the committee must be approved by a majority vote of the members present, once quorum is established.
  (2) Each member has one vote.
  (3) A member may not authorize another individual to represent the member by proxy.
  (4) The committee makes decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.
  (5) Minutes of each committee meeting are taken by department staff and approved by the committee at the next scheduled meeting.
(n) Statement by members.
  (1) The commission, the department, and the committee are not bound in any way by any statement, recommendation, or action on the part of any committee member, except when a statement or action is in pursuit of specific instructions from the commission, the department, or the committee.
Cont'd...
(2) The committee and its members may not participate in legislative activity in the name of the commission, the department, or the committee except with approval through the commission's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.
  (3) A committee member may not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's official duties.
  (4) A committee member may not disclose confidential information acquired through his or her committee membership.
  (5) A committee member may not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's official powers or duties in favor of another person.
  (6) A committee member who has a personal or private interest in a matter pending before the committee must publicly disclose the fact in a committee meeting and may not vote or otherwise participate in the matter. The phrase "personal or private interest" means the committee member has a direct pecuniary interest in the matter, but does not include the committee member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation.
(o) Reimbursement for expenses. In accordance with the requirements set forth in Texas Government Code, Chapter 2110, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process.
  (1) Only travel expenses for the two consumer representatives are reimbursed for each meeting attended.
  (2) A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department.
  (3) Each member who is to be reimbursed for expenses submits to department staff the member's receipts for expenses and any required official forms not later than 14 days after each committee meeting.
  (4) Requests for reimbursement of expenses are made on official state vouchers prepared by department staff.

Source Note: The provisions of this §200.40 adopted to be effective June 26, 2016, 41 TexReg 4488