Texas § OC.152.003 - ADDITIONAL MEMBERSHIP REQUIREMENTS

§ OC.152.003. ADDITIONAL MEMBERSHIP REQUIREMENTS

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.