Section 186.3 - Meetings and Committees(a) The advisory board may meet up to four times a year, with a minimum of three times a year to carry out the mandates of the Act. (b) Special meetings may be called by the presiding officer of the advisory board, by resolution of the advisory board, or upon written request to the presiding officer of the advisory board signed by at least three members of the advisory board. (c) Advisory board and committee meetings shall, to the extent possible, be conducted pursuant to the provisions of Robert's Rules of Order Newly Revised unless, by rule, the board adopts a different procedure. A meeting may be held by telephone conference call. (d) All elections and any other issues requiring a vote of the board shall be decided by a simple majority of the members present. A quorum for transaction of any business by the board shall be a majority of the board, subject to § 604.029(c) of the Occupations Code. If more than two candidates contest an election or if no candidate receives a majority of the votes cast on the first ballot, a second ballot shall be conducted between the two candidates receiving the highest number of votes. (e) The governor shall designate a member of the advisory board as the presiding officer of the board to serve in that capacity at the will of the governor. The advisory board, at a regular meeting or special meeting, shall elect from its membership an assistant presiding officer and other officers for a term to last no more than two (2) years. (f) The advisory board, at a regular meeting or special meeting, upon majority vote of the members present, may remove a member from office in accordance with §604.026 of the Act. (g) The following are standing and permanent committees of the advisory board. Each committee shall consist of at least one advisory board member who is a licensed physician, one advisory board member who is a certified respiratory care practitioner, and one public advisory board member. In the event that a committee does not have a representative of one or more of these groups, the presiding officer shall appoint additional members as necessary to maintain this composition. The presiding officer shall name the chair and assign the members of the other committees. The responsibilities and authority of these committees shall include those duties and powers as defined in paragraphs (1) - (2) of this subsection and such other responsibilities and authority which the advisory board may from time to time delegate to these committees. (1) Practice Authorization Committee. (A) Draft and review proposed rules regarding issuance of certificates, and make recommendations to the advisory board regarding changes or implementation of such rules. (B) Draft and review proposed rules pertaining to the overall process for issuing certificates, and make recommendations to the advisory board regarding changes or implementation of such rules. (C) Receive and review applications for certificates in the event an applicant's eligibility for a certificate is in question. (D) Present the results of reviews of applications for a certificate, and make recommendations to the advisory board regarding issuance of a certificate to applicants whose eligibility is in question. (E) Make recommendations to the advisory board regarding matters brought to the attention of the Practice Authorization Committee. (F) Oversee and make recommendations to the advisory board regarding any aspect of the examination process including the approval of an appropriate examination and the administration of such an examination and documentation and verification of records from all applicants; (2) Disciplinary Process Review Committee. (A) Draft and review proposed rules regarding the discipline of respiratory care practitioners and enforcement of the Act. (B) Monitor the effectiveness, appropriateness, and timeliness of the disciplinary process. (C) Make recommendations regarding resolution and disposition of specific cases and approve, adopt, modify, or reject recommendations from staff or representatives of the advisory board regarding actions to be taken on pending cases. Approve dismissals of complaints and closure of investigations. (D) Make recommendations to the advisory board and staff regarding policies, priorities, budget, and any other matters related to the disciplinary process and enforcement of the Act. (E) Make recommendations to the advisory board regarding matters brought to the attention of the Disciplinary Process Review Committee. (h) Meetings of the advisory board and of its committees are open to the public unless such meetings are conducted in executive session pursuant to the Open Meetings Act, the Act, or the Medical Practice Act. In order that advisory board meetings may be conducted safely, efficiently, and with decorum, attendees may not engage in disruptive activity that interferes with advisory board proceedings. The public shall remain within those areas of the advisory board offices and advisory board meeting room designated as open to the public. Members of the public shall not address or question advisory board members during meetings unless recognized by the advisory board's presiding officer pursuant to a published agenda item. (i) Journalists have the same right of access as other members of the public to advisory board meetings conducted in open session, and are also subject to the same rules. Observers of any advisory board meeting may not disrupt the meeting or disturb participants. Observers may make audio or visual recordings of such proceedings conducted in open session as long as these activities do not disrupt the meeting and subject to the following limitations: the advisory board's presiding officer may request periodically that camera operators extinguish their artificial lights to allow excessive heat to dissipate; camera operators may not assemble or disassemble their equipment while the advisory board is in session and conducting business; persons seeking to position microphones for recording advisory board proceedings may not disrupt the meeting or disturb participants. Journalists may conduct interviews in the reception area of the agency's offices or, at the discretion of the advisory board's presiding officer, in the meeting room after recess or adjournment; no interview may be conducted in the hallways of the agency's offices; and the advisory board's presiding officer may exclude from a meeting any person who, after being duly warned, persists in conduct described in this subsection and subsection (h) of this section. (j) The assistant presiding officer of the advisory board shall assume the duties of the presiding officer in the event of the presiding officer's absence or incapacity. (k) In the event of the absence or temporary incapacity of the presiding officer, and the assistant presiding officer, the members of the advisory board may elect another member to act as the presiding officer of an advisory board meeting or may elect an interim acting presiding officer for the duration of the absences or incapacity or until another presiding officer is appointed by the governor. (l) Upon the death, resignation, removal or permanent incapacity of the presiding officer or the assistant presiding officer, the advisory board shall elect an assistant presiding officer from its membership to fill the vacant position. The advisory board may elect an interim acting presiding officer until another presiding officer is appointed by the governor. Such an election shall be conducted as soon as practicable at a regular or special meeting of the advisory board. (m) Committee minutes shall be approved by a quorum of the full advisory board.22 Tex. Admin. Code § 186.3
Adopted by Texas Register, Volume 42, Number 13, March 31, 2017, TexReg 1758, eff. 4/3/2017