31 Tex. Admin. Code § 51.163 - Best Practices (General)

(a) NPs must comply with the general best practices prescribed in this subsection.

(1) NPs shall not hold or obligate department funds.

(2) NPs shall comply with all applicable rules, regulations, and laws, including all applicable laws regarding discrimination based on race, color, national origin, sex, age, and disability.

(3) NPs shall not use or authorize the use of department intellectual property, including trademarks, logos, name, or seal, without the express written agreement of the department.

(4) NPs shall not employ a department employee in a paid position or otherwise provide compensation or a direct personal benefit to a department employee. Provided, however, unless otherwise prohibited by law, benefits authorized by Penal Code, Chapter 36, are not prohibited by this subsection.

(5) NPs may use equipment, facilities, or services of employees of the department only in accordance with a written agreement that provides for the payment of adequate compensation and/or identifies the benefit to the department for such use. Notwithstanding this subsection, a NP may use department facilities to the same extent and for the same fee as members of the public.

(6) NPs shall conduct business in a way that will ensure public access and transparency. As used in this subsection, "transparency" shall mean that NPTs business practices and internal processes are conducted in a way that is open, clear, measurable, and verifiable.

(7) NPs shall file with the department and make available to the public an annual report that includes a list of the primary activities undertaken during the previous year, a summary of significant achievements and challenges over the previous year, and other information requested by the department.

(8) Regardless of whether a NP is required to file an IRS 990 with the Internal Revenue Service, each NP must complete and file an IRS 990 with the department each year, regardless of income.

(9) NPs shall file with the department their articles of incorporation, by-laws, and most recent financial statements, and any updates to these documents upon request of the department.

(10) A NP shall not engage in activities that would require it or a person acting on its behalf to register as a lobbyist under Texas law, Texas Government Code, Chapter 305. However, this subsection is not intended to restrict a NP from providing information to the legislature or to other elected or appointed officials.

(11) NPs shall not donate funds to a political campaign or endorse a political candidate.

(12) NPs shall notify the department of all meetings and allow a department representative to attend all meetings, including, but not limited to, meetings of their general membership, managing board, and committees. Meeting notices must be provided to the department sufficiently in advance of the meeting so that the department representative has ample opportunity to attend. Such notice may be provided by letter, email, or telephone. A CRNP should also notify other CRNPs associated with the property, facility, or program of all meetings and allow a representative to attend.

(b) In addition to subsection (a) of this section, the ONP must comply with the general best practices prescribed in this subsection.

(1) The ONP must have an annual audit by an independent accounting firm and shall make the results of that audit available to the department.

(2) The ONP must maintain an adequate directors and officers liability insurance policy.

Notes

31 Tex. Admin. Code § 51.163

The provisions of this §51.163 adopted to be effective May 17, 2007, 32 TexReg 2655; Amended by Texas Register, Volume 43, Number 11, March 16, 2018, TexReg 1636, eff. 3/19/2018