The Texas Medical Board is enabled by the Medical Practice Act. Tex. Occupations Code 151.001 et seq. The Board is to regulate the practice of medicine. It does this primarily through granting licenses to practice medicine. It is also responsible for disciplining the erring physicians.
It comprises 12 physicians and 7 public members all appointed by the governor with the advice and consent of the senate. Of the 12 physicians 9 must be MDs and 3 must be DOs (Doctors of Osteopathy). The 7 public members are supposed to represent the public. Each serves for six years; the terms are staggered.
The Governor appoints a President among the members. The members choose a Vice-President and a Secretary-Treasurer among themselves.
The Board has to appoint an Executive Director who serves as the chief executive and administrative officer for the Board.
Quorum for transacting business: Majority + 1. Business transacted if majority of voting and present members pass the motion.
The Board hires a Staff who are responsible for running the agency. Staff comprises departments such as a legal, enforcement, licensing, public affairs and investigations. The legal or litigation division is reposnsible for the prosecution of disciplinary actions against physician licenses by and through its attorneys as well as the defense of decsions not to license by the Board's Licensure Committee.
The complaints and investigations division is reposnisble for opening or investigating all complaints as the investigation process at the TMB is a complaint driven process per the Medical Practice Act. Staff of the Board has the authority to generate its own complaints which has been a great source of controversy of late as there is a widespread belief Staff may abuse this authority.
