A-3.5. Determination and Procedures to Address Conflicts of Interest

  1. HHSC will review the required disclosures by the Board member and discuss with them whether HHSC determines a potential or actual conflict of interest exists.
  2. After the Board member discloses any potential or actual conflicts of interest, and if HHSC determines a conflict of interest exists, HHSC will perform the following actions:
    1. HHSC will determine whether the conflict of interest may impair the Board member's exercise of independent judgment. HHSC will examine the extent of the conflict of interest, the length of time the conflict of interest existed, and the impact of the conflict of interest on any matter the Board member may be required to deliberate or discuss.
      1. HHSC will consult with the Board member and the DUR Board chair regarding the conflict of interest.
      2. HHSC may require:
        1. Recusal of the Board member on any discussion or action related to a specific product marketed by a third party for which the Board member may have a conflict of interest.
        2. Recusal of the Board member on any discussion or action related to all products marketed to a third party for which the Board member may have a conflict of interest.
        3. Recusal of the Board member on any discussion or action that involves a class of pharmaceuticals for which the Board member may have a conflict of interest.
        4. Any other action HHSC determines necessary to avoid or mitigate a potential or actual conflict of interest.
    2. Any Board member who is recused will not participate in deliberations or debates and will not make recommendations, give advice, or in any way assume responsibility for or participate in any aspect of decision-making relating to the matter that poses a conflict of interest.