(a) Composition. Upon a determination under §277.13 of this title (relating to Complaints Resulting From Glaucoma Treatment - Investigation Process) by the Case Review Consultant that a Respondent has violated the standard of care for the treatment of glaucoma, the Texas Optometry Board shall forward the complaint and report to an Expert Panel appointed by the Texas Optometry Board and the Texas Medical Board. The panel shall be composed of an equal number of physicians who specialize in ophthalmology and therapeutic optometrists. Ophthalmologists shall be selected from a list approved by the Texas Medical Board for such purposes and the therapeutic optometrists certified as Optometric Glaucoma Specialists shall be selected from a list approved by the Texas Optometry Board.
(b) Qualifications. To be eligible to serve as a Case Review Consultant or as a member of the Expert Panel, interest shall be submitted to the Texas Optometry Board and Texas Medical Board through an application. The Texas Optometry Board and Texas Medical Board will collaborate to approve Case Review Consultants and Expert Panel Members. An applicant may be considered if they meet the following criteria:
  (1) Is a Texas-licensed therapeutic optometrist certified as an Optometric Glaucoma Specialist or a Texas-licensed physician specializing in ophthalmology who has been in active practice in Texas for at least the last five (5) consecutive years immediately preceding the application;
  (2) Has had no disciplinary action taken by any healthcare regulatory board in Texas or in another state within the last 10 years;
  (3) Is not a member of the faculty or board of trustees of an optometry school or an institution of higher education with an affiliated school of optometry; or
  (4) Is not an officer, employee, or paid consultant of a Texas trade association, or married to a spouse who is an officer, employee, or paid consultant of a Texas trade association, as defined by §351.053 of the Optometry Act, in the field of health care.
(c) Payment. Approved Case Review Consultants and Expert Panel Members shall enter a contract for services with the Texas Optometry Board. The Texas Optometry Board shall pay a reasonable, contracted fee to each Case Review Consultant and Expert Panel member.
(d) Term; Resignation; Removal. A Case Review Consultant or Expert Panel member shall serve until resignation, removal, or non-renewal of contract. A Case Review Consultant or Expert Panel member may resign at any time with at least five (5) business days' advance notice to the Board and, if necessary, the Texas Medical Board. A Case Review Consultant or Expert Panel member may be removed for good cause at any time, with the approval of the Texas Optometry Board and the Texas Medical Board. Good cause for removal may include without limitation:
  (1) Failure to maintain eligibility requirements;
  (2) Failure to inform the Board of known potential or apparent conflicts of interest;
  (3) Repeated failure to timely review complaints or timely submit reports to the Board;
  (4) Sharing of confidential information regarding complaints; or
  (5) Direct contact with the Complainant, Respondent and/or other health care providers identified in the complaint.
(e) Vacancy on Expert Panel. A vacancy of the therapeutic optometrist serving on the Expert Panel shall be filled by selecting another qualified individual from the list approved by the Texas Optometry Board, and a vacancy of an ophthalmologist serving on the Expert Panel shall be filled by selecting another individual from the list approved by the Texas Medical Board.
(f) Conflict of Interest. If a Case Review Consultant or Expert Panel member has a known personal or professional interest that might reasonably tend to influence the discharge of the individual's duties in the review of case, the Case Review Consultant or Expert Panel member shall disclose that conflict immediately to the Executive Director for assignment to a different Case Review Consultant or Expert Panel member.
  (1) A potential professional conflict of interest exists if the reviewer lives or practices optometry and/or ophthalmology in the same geographical market as the Respondent in the filed complaint and is in direct competition with the licensee.
  (2) A potential personal conflict of interest exists if the reviewer has a personal relationship with the Respondent and/or complainant. A personal relationship is considered to be a situation in which the Case Review Consultant or Expert Panel member has personal interests such as financial interests, family or social factors that could impair one's ability to act impartially.
(g) Expert Panel Review of Case. The Expert Panel members will be provided with the Case Review Consultant's report and all relevant information related to the complaint, including records collected by the agency during the investigation. The Expert Panel members shall submit to the Texas Optometry Board a written report (or separate reports in the event the members of the panel do not have consensus) which includes whether the therapeutic optometrist should be subject to disciplinary action and, if so, whether the disciplinary action should include suspension or revocation of the therapeutic optometrist's license or certificate issued under §351.3581(a) of the Optometry Act.
(h) Upon receipt of an Expert Panel Report, the Board shall evaluate the report, complaint, and any other relevant information and shall comply with §277.2 of this title (relating to Disciplinary Proceedings) as necessary. The Expert Panel recommendations are not binding but the Board may give deference to the Panel's findings when making a final determination for disciplinary action.

Source Note: The provisions of this §277.14 adopted to be effective May 31, 2022, 47 TexReg 3141