AIDS DRUG ASSISTANCE PROGRAM (ADAP)
MEDICAL ADVISORY COMMITTEE (MAC)
The name of this Committee shall be the California Department of Public Health (CDPH), Office of AIDS (OA), ADAP, MAC, hereinafter known as the MAC.
The MAC is authorized and organized pursuant to § 120955 of the California Health and Safety Code enacted by Assembly Bill 203, Chapter 188, Statutes of 2007.
The purpose of the MAC is to, in consultation with the CDPH director: develop, maintain, and update the ADAP Formulary as necessary; and approve additions of antiretroviral medications for the treatment of HIV to the ADAP Formulary.
- The MAC shall be comprised of a maximum of 11 members and a minimum of 5 members, all of whom shall be residents of California.
- The MAC shall consist of representatives that reflect priorities of the Health Resources and Services Administration Ryan White HIV/AIDS program
- The MAC shall consist of health care professionals or individuals who will contribute expertise and/or experience, which will benefit the program and the population it serves including HIV-specialized physicians, pharmacists, psychiatrists, treatment advocacy representatives, and community representatives.
- ADAP will make every effort to ensure that its MAC members reflect the diversity of its clients the program serves and will request new applicants to respond to questions related to the applicant’s demographics on the MAC membership Application. This information may be used as a screening factor to select members.
- HIV positive applicants selected to serve on the ADAP MAC will be asked to sign an Applicant Acknowledgement and Consent Form to indicate their awareness and willingness to participate in the ADAP MAC even though information about members may be made public.
- Pharmaceutical representatives, persons employed by the pharmaceutical industry, and registered lobbyists are precluded from membership in the MAC.
- Members will be recruited and selected by CDPH OA as needed to ensure a diverse membership that provides perspectives from multiple disciplines. Nominations may also come from within the existing MAC.
- Members of the MAC shall be selected by the OA Division Chief or designee.
- MAC applicants shall fill out and submit a completed ADAP MAC Membership Application Form, required references, resume or curriculum vitae, and a signed Statement of Economic Interests (Form 700) along with other required documentation, as specified in the Application Process section of the MAC Application Form.
- It shall be the responsibility of the OA Division Chief or designee to review MAC member applications through a rolling process, allowing new members to fill vacant positions as needed throughout the year.
- Members will serve either two-year or four-year terms, depending on how long they choose to commit, as indicated on their application. Upon the completion of each term of service, members may be re-selected and confirmed by the OA Division Chief or designee to serve additional terms, in perpetuity. Upon confirmation, members will receive a notice that specifies the beginning and ending dates of their term.
- MAC members shall be volunteer representatives who have full voting rights in all Committee actions.
- Any member of the MAC may resign at any time by notifying the OA Division Chief or designee in writing. If a member finds it necessary to resign from the MAC, they are urged to assist the MAC in nominating a suitable replacement and are encouraged to remain until that individual has accepted the nomination.
- If a MAC member misses more than 50% of the scheduled meetings occurring in a calendar year, their membership may be terminated.
- To terminate a member’s appointment, the Executive Team shall submit their recommendation in writing, with rationale, to the OA Division Chief or designee, who shall approve or disapprove the recommendation in writing within 45 working days.
- The OA Division Chief or designee may independently remove any member at any time, for any reason. In the event this occurs, a written notice will be sent to all current members.
- Members must be knowledgeable about and willing to articulate the HIV prevention, care, and treatment needs of the populations they represent.
- Regular attendance and active participation is vital to the purpose of the MAC. Members accept the duty and obligation to attend at least 75% of each meeting and shall provide advance notice if they are unable to do so. Attendance of less than 50% at any one meeting may be considered an absence.
- MAC members will work to maximize engagement of consumers of HIV prevention and care services as active members of the committee.
- To help identify potential conflicts of interest, and to ensure that members are acting in the public’s best interest, MAC members must report their financial interests on a form called the Statement of Economic Interests (Form 700). This form must be completed annually and submitted to the OA Division Chief or designee by October 15 of each calendar year. Members deemed to have a general conflict of interest may be asked to divest from conflicting stocks or removed from the MAC. Members with a conflict of interest on any agenda item or vote are expected to recuse themselves from that particular discussion or decision immediately.
Officers of the MAC are the Chair and Vice Chair, and shall constitute the MAC Executive Team.
The Chair shall be the OA Division Chief or designee.
The Vice Chair shall be a representative from a non-state entity, and a current member of the MAC, chosen through a process of nominations from the existing MAC members followed by a majority vote of a quorum as defined in these Bylaws, and confirmed through verbal approval by the Chief of the ADAP Branch or designee, who shall serve as the Designed State Officer (DSO).
Term of Service
The Chair shall serve in perpetuity, at the discretion of the OA Division Chief or designee.
The Vice Chair’s term shall begin February 1 of each year and last two consecutive calendar years. At the end of the term, the OA Division Chief or designee may re-select and confirm the Officer.
Duties and Responsibilities
The Executive Team shall preside over meetings of the MAC and shall work with CDPH staff to coordinate the work of the MAC.
In addition, the Executive Team shall (1) call MAC meetings to order at the appointed time; (2) preside at all MAC meetings; (3) ensure that members have opportunity to be included in discussions; (4) plan and coordinate the overall activity of the Committee; (5) assist in the development of the agenda for all MAC meetings; (6) certify the accuracy of any minutes; (7) communicate with CDPH personnel regularly; (8) obtain approval of the Committee’s final recommendations by a majority vote of the full Committee membership and; (9) forward the Committee’s formal recommendations and opinions to the OA Division Chief or designee.
The Chair does not vote. In the event of a tie vote, the Chair shall decide on the most appropriate course of action.
OA Division Chief
The OA Division Chief or designee has overall responsibility for the composition of the MAC.
The OA Division Chief or designee shall: (1) review completed membership applications, (2) approve or deny completed membership applications, (3) reconfirm members as appropriate, (4) review annual Statements of Economic Interests, (5) review recommendations on removal of members, and (6) authorize removal of members. The OA Division Chief or designee shall serve as the MAC Chair, and provide medical judgment and advice regarding all medical issues brought before the committee.
Designated State Officer (DSO)
The Executive Team of the MAC shall be supported by a DSO from CDPH. The Chief of the ADAP Branch or designee shall be the DSO of the MAC and shall serve as the State’s principal contact for matters related to coordination of the Committee’s activities.
The DSO shall, among other things, approve all meetings of the Committee, approve agendas, and adjourn meetings when such adjournment is in the public interest. In addition, the DSO shall assign adequate staff support to the Committee, including a MAC Coordinator to assist in the organization of the Committee’s activities. The DSO or designee shall be present at all MAC meetings.
The MAC Coordinator, in collaboration with the DSO shall: (1) notify Committee Members of the time and place for each meeting; (2) provide notice to the public of all MAC meetings; (3) assist the Executive Team in the planning of meetings and development of agendas; (4) arrange for recording and transcription of any minutes; (5) maintain a permanent file of minutes and records of the Committee; (6) attend to official correspondence; (7) provide the Committee with materials and resources necessary to complete its responsibilities; (8) assist in the development and handling of the final recommendations of the Committee to the Department; (9) initiate and verify web postings; (10) attend all MAC meetings; and (11) perform other such duties as may be requested by the Committee.
The MAC shall meet at such intervals as are necessary to carry out its duties, but no less than annually.
Vice-Chair elections shall occur at the first meeting of the year, as required and appropriate.
To facilitate meaningful public participation, and in accordance with the Bagley-Keene Open Meeting Act, all meetings of the MAC shall be open to the public. All members will be provided a copy of A Handy Guide to The Bagley-Keene Open Meeting Act with their orientation materials.
To the extent permissible by law, materials brought before, or presented to, the Committee during the conduct of a MAC meeting, including the minutes of the proceedings of a MAC meeting, shall be available to the public for review or copying at the time of the scheduled meeting.
Members of the public may attend any meeting or portion of a MAC meeting and may, at the determination of the Executive Team, offer oral comment at such meeting. Members of the public may submit written statements to the MAC at any time.
Notice of each MAC meeting along with an approved agenda, place, date, time, and telephone information shall be published on the CDPH OA website as well as distributed to all MAC members at least 10 calendar days prior to each meeting.
In compliance with the Bagley Keene Act, Government Code section 11125.5, an item not on the agenda may be heard if it meets any of the conditions state below:
- Upon determination by two-thirds of all voting members that an emergency situation exists.
- Upon a determination by a two-thirds vote of voting member or, if less than two-thirds of voting members are present, by a unanimous vote of voting members present, that there exists a need to take immediate action and that the need for the action came to the attention of the MAC subsequent to the agenda being posted.
“Emergency Situation” means any of the following:
- Work stoppage or other activity that severely impairs public health or safety, or both.
- Crippling disaster that severely impairs public health or safety, or both.
Outside presentations such as speakers who can improve the Committee’s ability to conduct its charge are encouraged. Any member may request the Committee to approve and/or arrange for a relevant presentation.
Members are expected to demonstrate professional decorum and conduct at all MAC meetings, related business, or other events when members are attending and represent themselves as a MAC member.
CDPH OA maintains a zero tolerance policy concerning unprofessional conduct and/or behaviors that significantly interfere with the business of the MAC. Unprofessional conduct includes, but is not limited to threats or acts of violence, sexual harassment, and/or illegal activities.
Acts of unprofessional behavior will be addressed by the Executive Team, including deciding the consequence for members who do not follow the Code of Conduct, up to and including suspension and/or termination of membership.
The presence of at least fifty-one percent of MAC members, excluding vacancies, shall constitute a quorum for the transaction of business.
For all administrative or procedural decisions, a vote shall carry by a majority of the Committee members present in a quorum.
If action is necessary that fundamentally affects the development or direction of MAC recommendations, a majority vote of the entire committee shall be required.
Notice to conduct a vote of the entire membership of the Committee shall be provided to the MAC at least 10 calendar days preceding any vote.
Subcommittees or subgroups of this advisory committee are not authorized.
Preparing the Agenda
The Executive Team and DSO shall approve the agenda for all meetings.
Items for the agenda may be submitted to the MAC Coordinator by any member of the Committee. Items, including materials such as addenda or presentations, must be received at least 20 calendar days prior to the meeting date.
The DSO or designee may prepare minutes of each MAC meeting and submit them to the Executive Team for certification of their accuracy. The MAC Coordinator shall post copies of the most recent approved, certified minutes on the MAC website. Any minutes shall include a record of persons in attendance, a complete and accurate description of the matters discussed and conclusions reached; and copies of all reports received, issued, or approved by the Committee.
VII. Executive Team Reports and Recommendations
All materials prepared by the MAC shall be available to the public subject to the requirements and exceptions in the Public Records Act (Government Code section 6250 et. seq.)
VIII. Media Inquiries
Any media inquiries requesting the opinion or views of CDPH or the MAC body shall be immediately directed to the CDPH Office of Public Affairs via the DSO.
IX. Amendments of Bylaws
These Bylaws may be added to, amended, or repealed at any regular meeting by a two-thirds vote of the full MAC membership, provided that the amendment has been submitted in writing at the previous regular meeting by a MAC member.