Tex.
Occ. Code Section 152.003
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.
Source:
Section 152.003 — Additional Membership Requirements, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.152.htm#152.003 (accessed Jun. 5, 2024).
