A-2.9. Responsibilities of Members

A. Attendance

Members are expected to attend all meetings in person or virtually if a hybrid meeting is offered. A member unable to attend a meeting should notify the HHSC Board liaison in advance. The HHSC Board liaison will notify the chair and appropriate program staff. Members may not authorize another individual to represent the member by proxy at meetings.

If any member misses three meetings within a 12-month period, with or without notice to the Board liaison, the member may be removed from the Board. 

B. Member expectations

  1. Attend meetings in person or virtually, if a hybrid meeting is offered;
  2. Review agendas and other information sent by HHSC staff prior to each meeting;
  3. Participate in discussions at meetings;
  4. Participate in DUR Board executive sessions, if a member with access to confidential information as described in Sections 4 and 8.A above;
  5. Submit travel expenses (if reimbursement is desired) within 30 calendar days of the meeting;
  6. Abstain from deliberating or voting on issues that could present, or reasonably appear to present, a conflict of interest. A conflict of interest, as defined in Section 3 above and at Texas Administrative Code, Title 1, Part 15, Chapter 354, Subchapter F, Division 9, Rule section 354.1942(a)(2), includes a situation that would provide monetary or other gain to the member's family member or relative.
  7. Attend or participate in an orientation session, separate from the regular Board meeting, prior to new member's first meeting;
  8. Complete the full Texas Open Meetings Act Training and Public Information Act Training within 90 days of appointment and submit the Certificates of Completion to the Board liaison. A member who has taken the training within the last five years of initial appointment may submit a copy of the Certificates of Completion to the HHSC Board liaison in lieu of retaking the full training. The full Texas Open Meetings Act Training and Public Information Act Training must be completed every five years and refresher sessions as needed or as warranted.
  9. Sign and submit to the Board liaison within 30 days after appointment, and annually thereafter, a Drug Utilization Review Board Annual Disclosure Form.
  10. Sign and submit to the Board liaison the Statement by Members document within 30 days after appointment. This document includes a Conflict of Interest Statement and a Nondisclosure Agreement to which Board members must agree;
  11. Sign and submit to the HHSC Board liaison immediately upon initial appointment and annually the Department of State Health Services, Continuing Education Service Disclosure of Financial Interests;
  12. Review the HHS Ethics Policy, sign, and submit to the Board liaison within 30 days after the initial appointment and annually;
  13. Notify the Board chair and HHSC Board liaison if a change of member's licensure status results in loss of good licensure standing;
  14. Notify the Board chair and Board liaison if a change of status alters the category of membership the member was filling or if any circumstance occurs that prevents the member from being able to discharge his or her duties;
  15. Maintain a high level of integrity that warrants public trust, including complying with all applicable ethics guidance provided by HHSC's Ethics Officers and all aspects of the Texas Open Meetings Act and Public Information Act; and
  16. Hold and maintain in the strictest confidence all confidential information and all agency-generated information, including in draft form, until such time as the information or document is released and made public, the HHSC executive commissioner has approved the release in writing or the HHS Ethics Office permits release. This requirement survives the member's tenure on the Board. For purposes of these bylaws and the Nondisclosure Agreement, the term "confidential information" includes all information protected by the Health Insurance Portability and Accountability Act (HIPAA), information that has commercial value or use, such as trade secrets, and information communicated in confidence by the HHS system.

Failure to comply with 6-16 above are grounds for dismissal and may result in removal from the Board.

C. A Board member may not:

  1. Claim or appear to represent HHSC or the Board in legislative or advocacy activities without written approval from the Board Chair and the HHS Ethics Office in coordination with the HHS Government and Stakeholder Relations Office and the Board liaison. A member may, however, represent him- or herself or another entity in the legislative or advocacy process.
  2. Accept payment for any services offered to the member because of his or her position on the Board.
  3. Disclose confidential information or draft information (from any source including grants, requests for proposals, and contracts) acquired through his or her participation on the Board until such time as that information or document is released and made public, the HHSC executive commissioner has approved the release in writing, or the HHS Ethics Office permits release. This includes all forms of communication, including written, digital, verbal, and social media.

A violation of any of these items is grounds for dismissal and may result in removal from the Board.