Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 152.003 - Additional Membership Requirements(a) In this section: (1) "Direct provider of health care" includes:(D) a hospital administrator;(E) a licensed vocational nurse;(F) a nursing home administrator;(I) a physical therapist;(J) a physician assistant;(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;(C) a majority shareholder;(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.Amended By Acts 2005, 79th Leg., Ch. 269, Sec. 1.04, eff. 9/1/2005. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.