(a) To be eligible to serve on the Expert Panel, a physician must meet the following criteria:

(1) licensed to practice medicine in Texas;

(2) certification by an organization that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists or the American Board of Oral and Maxillofacial Surgery;

(3) no history of licensure restriction;

(4) no history of peer discipline;

(5) acceptable malpractice complaint history; and

(6) in active practice as defined by §163.11 of this title (relating to the Active Practice of Medicine).

(b) Term; Resignation; Removal.

(1) An Expert Physician Reviewer shall serve on the Expert Panel until resignation or removal from the Expert Panel.

(2) An Expert Physician Reviewer may resign from the Expert Panel at any time.

(3) An Expert Physician Reviewer may be removed from the Expert Panel for good cause at any time on order of the Executive Director. Good cause for removal includes: (A) failure to maintain the eligibility requirements set forth above; (B) failure to inform the board of potential or apparent conflicts of interest; (C) repeated failure to timely review complaints or timely submit reports to the board; (D) repeated failure to prepare the reports in the prescribed format.

(c) Duties of the Expert Physician Panel. The Expert Physician Panel members will assist the board with complaints, investigations, and disciplinary actions relating to medical competency.

Source Note: The provisions of this §182.5 adopted to be effective November 30, 2003, 28 TexReg 10492; amended to be effective November 7, 2004, 29 TexReg 10112; amended to be effective January 25, 2006, 31 TexReg 393; amended to be effective July 3, 2007, 32 TexReg 3993; amended to be effective January 20, 2009, 34 TexReg 339; amended to be effective January 5, 2020, 45 TexReg 153