Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.3 - Organization and Structure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Each board member shall meet and maintain the qualifications for board
				membership and execute their duties as set by law.
(b) A board member should strive to achieve
				and project the highest standards of professional conduct. Such standards
				include:
(1) A board member should not accept
				or solicit any benefit that might influence the board member in the discharge
				of official duties or that the board member knows or should know is being
				offered with the intent to influence official conduct.
(2) A board member should not accept
				employment or engage in any business or professional activity that would
				involve the disclosure of confidential information acquired by reason of the
				official position as a board member.
(3) A board member should not accept
				employment that could impair independence of judgment in the performance of the
				board member's official duties.
(4)
				A board member should not make personal investments that could reasonably be
				expected to create a conflict between the board member's private interest and
				the public interest.
(5) A board
				member should not intentionally or knowingly solicit, accept, or agree to
				accept any benefit for having exercised the board member's official powers or
				performed the board member's official duties in favor of another.
(6) A board member should be fair and
				impartial in the conduct of the business of the board. A board member should
				project such fairness and impartiality in any meeting or hearing.
(7) A board member should be diligent in
				preparing for meetings and hearings.
(8) A board member should avoid conflicts of
				interests. If a conflict of interest should unintentionally occur, the board
				member should recuse himself or herself from participating in any matter before
				the board that could be affected by the conflict.
(9) A board member should avoid the use the
				board member's official position to imply professional superiority or
				competence.
(10) A board member
				should avoid the use of the board member's official position as an endorsement
				in any health care related matter.
(11) Board member appearances.
(A) A board member should not appear as an
				expert witness in any case in which a licensee of the board is a party and in
				which the expert testimony relates to standard of care or professional
				malpractice. A board member may provide expert testimony if the board member
				has been called primarily as a fact witness. A board member should disclose any
				potential employment as an expert witness to and seek prior approval of the
				board's executive committee. When providing expert testimony in any matter, a
				board member should state that any opinion of the board member is not on behalf
				of or approved by the board and should not claim special expertise because of
				board membership.
(B) A board
				member shall not appear in any administrative proceeding involving the exercise
				of the board's licensing or disciplinary authority before the board or the
				State Office of Administrative Hearings in which proceeding a licensee of the
				board is a party. A board member may furnish a written statement for a licensee
				to use in such administrative proceedings only if:
(i) the board member sought and received in
				writing the prior approval of the board's executive committee;
(ii) the written statement of the board
				member used by a licensee presents only facts that the board member has
				personally witnessed and does not offer or provide any statement as to
				character of the licensee or characterization of the events witnessed;
				and
(iii) the written statement
				plainly states that the recitation of the witnessed facts is not an indication
				of in any manner that the board concurs with, agrees to, or supports those
				facts or the board member in his or her action.
(12) A board member should refrain from
				making any statement that implies that the board member is speaking for the
				board if the board has not voted on an issue or unless the board has given the
				board member such authority.