(a) Purpose. This section sets out the organization and administration and other general procedures and policies governing the operation of the board. (b) Officers.   (1) Presiding Officer.     (A) The presiding officer shall preside at board meetings where he or she is present and perform the duties prescribed by law or board rules.     (B) The board authorizes the presiding officer to make minor day-to-day decisions regarding board activities to aid the responsiveness and effectiveness of the board. All decisions made by the presiding officer are subject to review by the full board.   (2) Secretary.     (A) The secretary shall perform the duties of the presiding officer in case of the absence or inability of the presiding officer.     (B) In case the office of presiding officer becomes vacant, the secretary shall serve in that position until a successor is elected. (c) Meetings.   (1) The board shall hold at least one regular meeting and additional meetings as necessary during each year ending on August 31, at those designated dates, places, and times as the presiding officer may determine.   (2) The presiding officer may call special meetings at those times, dates, and places as become necessary for board business.   (3) A majority of board members may call special board meetings upon separate or combined notice to the executive director.   (4) Meetings shall be announced and conducted under the provisions of the Open Meetings Act, Government Code, Chapter 551. (d) Quorum. A quorum is necessary to conduct official business. (e) Transaction of official business.   (1) The board may transact official business only when in a legally constituted meeting with a quorum present.   (2) Statements or actions of board or staff members shall not bind the board unless a statement or action is in the pursuance of specific instructions of the board.   (3) Board action shall require a majority vote of those members present and voting. (f) Policy against discrimination. The board shall discharge its statutory authority without discrimination based on a person's race, color, disability, gender, genetic information, religion, age, or national origin. (g) Impartiality. A board member who is unable to be impartial in board proceedings, such as that concerning an applicant's eligibility for licensure or a complaint against or a violation by a licensee, shall so declare this to the board and shall not participate in board proceedings involving that individual. (h) Attendance.   (1) Board members shall attend all regularly scheduled board and committee meetings.   (2) A board member may be removed from the board if the member is absent for more than 50% of the regularly scheduled board meetings the member is eligible to attend during a calendar year.   (3) The board may report the attendance records of members to the governor and the Texas Sunset Advisory Commission. (i) Reimbursement for expense.   (1) A board member is entitled to compensation for lodging, meals and transportation expenses, at the rate designated by the latest General Appropriations Act passed by the Texas Legislature.   (2) Payment to board members of per diem and transportation expenses shall be requested on official state travel vouchers that the executive director has approved.   (3) A board member is entitled to a compensatory per diem as authorized by Government Code, §659.032.   (4) The associate commissioner for health care quality and standards of the department, or his or her designee, shall approve board-approved requests prepared on appropriate forms from staff for out-of-state travel for board activities.   (5) Attendance at conventions, meetings, and seminars must be clearly related to the performance of board duties and show benefit to the state. (j) Rules of order. The latest edition of Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by this chapter. (k) Agendas.   (1) The executive director shall prepare and submit to the board members, before each meeting, an agenda that includes items requested by members, items required by law, unfinished business, and other matters of board business that the presiding officer has approved for discussion.   (2) The official agenda of a meeting shall be filed with the Texas Secretary of State in accordance with the Open Meetings Act, Government Code, Chapter 551. (l) Minutes.   (1) Drafts of the meeting minutes shall be forwarded to the board members for review and comments before board approval.   (2) After approval by the board, the minutes of board meetings are official only when affixed with the original signatures of the presiding officer and the executive director.   (3) The official minutes of board meetings shall be kept in the board office and shall be available to anyone wanting to examine them during regular office hours. (m) Elections.   (1) At the meeting held after August 31 of the odd-numbered years, the board shall elect by a majority vote of those members present and voting, a presiding officer and a secretary.   (2) A vacancy that occurs in the offices of presiding officer and secretary shall be filled, for the duration of the unexpired term, by a majority vote of those members present and voting at the next board meeting.   (3) A board member shall not serve more than two consecutive terms in the office of presiding officer or secretary. (n) Committees.   (1) The board, or the presiding officer with the approval of the board, may establish committees deemed necessary to help the board in carrying out its duties and responsibilities.   (2) The presiding officer will appoint the members of the board to serve on committees and will designate the committee chair.   (3) Committee chairs shall make regular reports to the board in interim written reports and/or at regular meetings, as needed.   (4) Committees shall direct reports or other materials to the executive director for distribution.   (5) Committees shall meet when called by the committee chair or when so directed by the board or the board chair.   (6) Each committee shall consist of at least one public member and one professional member, unless the board authorizes otherwise. At least one public member of the board shall be appointed to any board committee established to review a complaint filed with the board or review an enforcement action against a license holder related to a complaint filed with the board. (o) Official seal. The board shall adopt an official seal. Only the board may use the official board seal. (p) Public information. Public records of the board may be obtained to the extent allowed by law through a written request pursuant to the Public Information Act, Government Code, Chapter 552, submitted to the attention of the executive director at the board's current mailing address.

Source Note: The provisions of this §821.3 adopted to be effective February 10, 2011, 36 TexReg 548