| (a) General. The board shall consist of 15 members appointed by the governor with the advice and consent of the senate, as follows: (1) eight reputable dentist members who reside in this state and have been actively engaged in the practice of dentistry for at least the five years preceding appointment; (2) two reputable dental hygienist members who reside in this state and have been actively engaged in the practice of dental hygiene for at least the five years preceding appointment; and, (3) five members who represent the public. (b) Privileges of office. Members of the board have full and identical privileges, except that only dentist members may participate in the decision to pass or fail an applicant for a license to practice dentistry during the clinical portion of the board examinations. (c) Terms of office. Members of the board serve staggered six-year terms. The terms of one-third of the members shall expire on February 1 of each odd-numbered year. A member may not serve more than two consecutive full terms. The completion of the unexpired portion of a term does not constitute service for a full term for purposes of this subsection. (d) Eligibility. Refer to Occupations Code §252.002. (e) Membership and employee restrictions. Refer to Occupations Code §252.003. (f) Compensation. Each member of the board is entitled to receive a per diem set by legislative appropriation for each day the member engages in board business, and may receive reimbursement for travel expenses in accordance with the travel policies of the state of Texas and the Board of Dental Examiners. (g) Expert Testimony. A member of the board may not serve as an expert witness in a suit involving a health care liability claim against a dentist for injury to or death of a patient. (h) Professional Conduct. A board member should strive to achieve and project the highest standards of professional conduct. Such standards include: (1) A board member should avoid conflicts of interest. If a conflict of interest should unintentionally occur, the board member should recuse himself or herself from participating in any matter before the board that could be affected by the conflict. (2) A board member should avoid the use of the board member's official position to imply professional superiority or competence. (3) A board member should avoid the use of the board member's official position as an endorsement in any health care related matter. (4) A board member should not appear as an expert witness in any case in which a licensee of the board is a party and in which the expert testimony relates to standard of care or professional malpractice. A board member should disclose any potential employment as an expert witness to and seek approval of the board's executive committee. When providing expert testimony in any matter, a board member should state that any opinion of the board member is not on behalf of or approved by the board and should not claim special expertise because of board membership. (5) A board member should refrain from making any statement that implies that the board member is speaking for the board if the board has not voted on an issue or unless the board has given the board member such authority. |
| Source Note: The provisions of this §100.3 adopted to be effective February 20, 2005, 30 TexReg 715; amended to be effective December 24, 2007, 32 TexReg 9627; amended to be effective March 5, 2009, 34 TexReg 1432; amended to be effective February 2, 2010, 35 TexReg 629 |
