SECTION 415.313. Competency of Review Board Members

(a) Using a DSHS-approved orientation and training program:

(1) the chair of each review board is responsible for providing initial orientation to each mental health professional appointed in the pool from which the chair selects review board members; and

(2) the MSU/SAU CEO and the chair of the DSHS Dangerousness Review Board are responsible for conducting annual training for all mental health professionals appointed in all pools.

(b) Each mental health professional appointed in a pool is responsible for:

(1) maintaining a current professional license;

(2) preparing for and attending each review board hearing for which the professional is impaneled;

(3) immediately informing the chair of the review board of any disqualifying factor as described in §415.305(d) of this title (relating to Procedures and Requirements for All Review Boards);

(4) attending initial orientation and annual training;

(5) being knowledgeable about current clinical and scientific information relevant to the assessment, management, and treatment of risk for manifest dangerousness and determination of manifest dangerousness; and

(6) complying with this subchapter.

(c) On an annual basis, each facility CEO will evaluate the performance of the mental health professionals employed at the facility who are appointed to a pool. In order to remain in a pool, a professional must achieve a rating of at least competent in his/her performance of the work behaviors described in subsection (b) of this section.

(d) The commissioner may waive for emergent or special circumstances, as minimally necessary to assure the efficient operation of a review board, the responsibility for a mental health professional appointed to a pool to annual training. There is no waiver of the requirement to attend initial orientation.

Source Note: The provisions of this §415.313 adopted to be effective July 17, 2002, 27 TexReg 6297; amended to be effective July 19, 2011, 36 TexReg 4567