(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.
(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.
(c) Report of Potential Grounds for Removal. In addition to Section 152.006 of the Act, the following are grounds for potential removal that must be reported are as follows:
(1) For purposes of Section 152.006(a)(5), a board member shall be considered to have been absent from a regularly scheduled board meeting if the member fails to attend at least a portion of either a full board session or a portion of a regularly scheduled committee meeting to which a member is assigned during such board meeting. Any dispute or controversy as to whether or not an absence has occurred shall be submitted to the full board for resolution by a majority vote after giving the purported absentee the opportunity to present information concerning the alleged absences and after allowing discussion by other members of the board.
(2) A board member who is subject of a non-disciplinary or disciplinary action, including but not limited to any remedial plan, board order, or administrative penalty, regardless of the nature of the violation(s) that led to the remedial plan, board order, or administrative penalty.
(d) Each member of the board shall receive per diem as provided by law for each day that the member engages in the business of the board and will be reimbursed for travel expenses incurred in accordance with the state of Texas and board's travel policies.
Source Note: The provisions of this §161.3 adopted to be effective March 7, 2002, 27 TexReg 1486; amended to be effective January 25, 2006, 31 TexReg 382; amended to be effective September 20, 2007, 32 TexReg 6314; amended to be effective March 18, 2013, 38 TexReg 1872; amended to be effective May 17, 2015, 40 TexReg 2533; amended to be effective November 14, 2019, 44 TexReg 6880