2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.003. Additional Membership Requirements

Sec. 152.003.  ADDITIONAL MEMBERSHIP REQUIREMENTS.  (a)  In this section:
(1)  "Direct provider of health care" includes:
(A)  an athletic trainer;
(B)  a chiropractor;
(C)  a dentist;
(D)  a hospital administrator;
(E)  a licensed vocational nurse;
(F)  a nursing home administrator;
(G)  an optometrist;
(H)  a pharmacist;
(I)  a physical therapist;
(J)  a physician assistant;
(K)  a podiatrist;
(L)  a psychologist;
(M)  a registered nurse;  and
(N)  a social psychotherapist.
(2)  "Fiduciary position or interest" means a position or interest with respect to an entity that has the character of a trust.  The term includes:
(A)  a member of a board of directors;
(B)  an officer;
(C)  a majority shareholder;
(D)  an agent;  and
(E)  a person who, directly or through that person's spouse, receives more than one-tenth of the person's annual income from compensation for research into or instruction in the provision of health care received from:
(i)  a health care entity or other person, association, or organization engaged in the provision of health care;  or
(ii)  a person, association, or organization engaged in producing drugs or analogous products.
(3)  "Immediate family member" means the parent, spouse, child, or sibling of a person who resides in the same household as the person.
(4)  "Provider of health care" means:
(A)  a direct provider of health care:
(i)  whose primary current activity is the provision of health care to persons or the administration of facilities or institutions in which that care is provided, including hospitals, long-term care facilities, out-patient facilities, and health maintenance organizations;
(ii)  who, if required by law or otherwise, has received professional or other training in the provision of that care or administration;  and
(iii)  who is licensed or certified or otherwise claims the authority to provide that care or administration;
(B)  a person who is an indirect provider of health care in that the person holds a fiduciary position with or has a fiduciary interest in a health care entity;
(C)  a member of the immediate family of a person described by this subdivision;
(D)  a person who is engaged in or employed by an entity issuing a policy or contract of individual or group health insurance or hospital or medical service benefits;  or
(E)  a person who is employed by, on the board of directors of, or holds elective office by or under the authority of a unit of federal, state, or local government or any organization that receives a significant part of its funding from a unit of federal, state, or local government.
(b)  A person may not be a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board;
(4)  uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses; or
(5)  is a provider of health care.
(c)  Each public member must be a resident of this state for at least the five years preceding appointment.
(d)  Each physician board member must be actively engaged in:
(1)  the practice of medicine for at least the five years preceding appointment;  and
(2)  medical peer review at a health care entity for at least the three years preceding appointment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.04, eff. September 1, 2005.