OCCUPATIONS CODE
CHAPTER 202. PODIATRISTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 202.001. DEFINITIONS. (a) In this chapter:
(1) "Board" means the Texas State Board of Podiatric
Medical Examiners.
(2) "Executive director" means the employee of the
board who manages the board's day-to-day operations.
(3) "Podiatrist" means a person who:
(A) is licensed under this chapter to practice
podiatry and who directly or indirectly charges money or other
compensation for podiatric services; or
(B) publicly professes or claims to be a
podiatrist, foot specialist, or doctor or uses any title, degree,
letter, syllable, or word that would lead the public to believe that
the person is a practitioner authorized to practice or assume the
duties incident to the practice of podiatry.
(4) "Podiatry" means the treatment of or offer to
treat any disease, disorder, physical injury, deformity, or ailment
of the human foot by any system or method. The term includes
podiatric medicine.
(b) In the laws of this state:
(1) "chiropody" means podiatry; and
(2) "chiropodist" means podiatrist.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.002. APPLICATION OF SUNSET ACT. The Texas State
Board of Podiatric Medical Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished September 1,
2005.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.003. APPLICATION OF CHAPTER. (a) This chapter
does not apply to:
(1) a physician licensed by the Texas State Board of
Medical Examiners;
(2) a surgeon of the United States Army, United States
Navy, or United States Public Health Service, when performing that
person's official duties; or
(3) a bona fide member of an established church in
ministering or offering to minister to the sick or suffering by
prayer, as set forth in the principles, tenets, or teachings of the
church of which the person is a bona fide member.
(b) This chapter does not prohibit the recommendation,
advertising, or sale of corrective shoes, arch supports or similar
mechanical appliances, or foot remedies by a manufacturer,
wholesaler, or retail dealer.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
§ 202.051. BOARD MEMBERSHIP. (a) The Texas State
Board of Podiatric Medical Examiners consists of nine members
appointed by the governor as follows:
(1) six members who are reputable practicing
podiatrists who have resided in this state and have been actively
engaged in the practice of podiatry for the five years preceding
appointment; and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, or national origin
of the appointees.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.052. OATH OF OFFICE. Before entering office, a
board member shall qualify for office by filing with the secretary
of state the constitutional oath taken by the board member.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.054. MEMBERSHIP AND EMPLOYEE
RESTRICTIONS. (a) In this section, "Texas trade association"
means a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) An officer, employee, or paid consultant of a Texas
trade association in the health care industry may not be a member of
the board and may not be an employee of the board who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the health care
industry may not be a board member and may not be an employee of the
board who is exempt from the state's position classification plan
or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule.
(d) A person may not serve as a board member or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.055. TERMS. Members of the board serve staggered
six-year terms. At the expiration of the term of each member, the
governor shall appoint a successor.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the
qualifications required by Section 202.051 or 202.053;
(2) does not maintain during service on the board the
qualifications required by Section 202.051 or 202.053;
(3) violates a prohibition established by Section
202.054;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year unless the absence is excused by a majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
president of the board of the potential ground. The president shall
then notify the governor that a potential ground for removal
exists.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.057. PER DIEM; REIMBURSEMENT. (a) Each board
member is entitled to a per diem as set by legislative appropriation
for each day the member engages in the business of the board.
(b) A member may not receive reimbursement for travel
expenses, including expenses for meals and lodging, other than
transportation expenses. A member is entitled to reimbursement for
transportation expenses as prescribed by the General
Appropriations Act.
(c) The secretary of the board is entitled to reimbursement
for the secretary's necessary expenses incurred in the performance
of services for the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.058. OFFICERS. At the first regular scheduled
meeting of each biennium, the board shall elect from its members a
president, vice president, and secretary.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.059. MEETINGS. (a) The board shall hold regular
meetings at least twice a year and special meetings as necessary.
The board shall hold the meetings at times and places the board
considers most convenient for applicants for license examinations.
(b) A special meeting shall be held on the call of the
president or on the request of a majority of board members.
(c) If a quorum is not present on the day of a meeting, the
members present may adjourn from day to day until a quorum is
present.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.060. LOCATION OF OFFICES. The board shall
maintain offices in Austin.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.061. TRAINING. If another state agency is given
authority to establish training requirements for the board, each
board member shall comply with those training requirements.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. BOARD PERSONNEL
§ 202.101. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly define the
respective responsibilities of the board and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.102. QUALIFICATIONS AND STANDARDS OF
CONDUCT. The board shall provide, as often as necessary, to its
members and employees information regarding their:
(1) qualifications for office or employment under this
chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.103. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director or the executive
director's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of all
non-entry-level positions concurrently with any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for board employees
must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of an equal employment opportunity program
under which all personnel transactions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, application, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for whom
federal or state guidelines encourage a more equitable balance;
and
(4) reasonable methods to appropriately address those
areas of underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for
compliance with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection (b).
The report may be made separately or as part of other biennial
reports to the legislature.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER D. BOARD POWERS AND DUTIES
§ 202.151. GENERAL RULEMAKING AUTHORITY. The board
shall adopt reasonable or necessary rules and bylaws consistent
with the law regulating the practice of podiatry, the law of this
state, and the law of the United States to govern:
(1) its proceedings and activities;
(2) the regulation of the practice of podiatry; and
(3) the enforcement of the law regulating the practice
of podiatry.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.152. RULES REGARDING ADVERTISING AND COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit false, misleading, or deceptive practices
by the person.
(b) The board may not include in its rules to prohibit
false, misleading, or deceptive practices by a person regulated by
the board a rule that:
(1) restricts the person's use of any medium for
advertising;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the person's advertisement under a trade
name.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.153. FEES. (a) The board by rule shall establish
fees in amounts reasonable and necessary to cover the cost of
administering this chapter. The board may not set a fee that
existed on September 1, 1993, in an amount less than the amount of
that fee on that date.
(b) The board may not maintain unnecessary fund balances,
and fee amounts shall be established in accordance with this
requirement.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.154. COMMITTEES. The board may appoint
committees from its own membership. The duties of a committee are
to:
(1) consider matters relating to the enforcement of
the law regulating the practice of podiatry and the rules adopted in
accordance with that law as referred to the committee; and
(2) make recommendations to the board with respect to
the enforcement of those matters.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.155. CONTRACTS WITH OTHER STATE AGENCIES. The
board may contract with the Texas State Board of Medical Examiners
or any other appropriate state agency to provide some or all of the
services necessary to carry out the board's activities.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.156. BOARD RECORDS. (a) The board shall keep
correct records of the board's proceedings and of all money
received or spent by the board. The records shall be open to public
inspection at all reasonable times. The records must include:
(1) a record of proceedings relating to the
examination of license applicants;
(2) a record of proceedings relating to the issuance,
renewal, or refusal of a license, including information on whether
an application was rejected or granted;
(3) the name, age, and known place of residence of each
applicant for a license or license renewal;
(4) the name and location of the college of podiatry
from which each license applicant holds credentials and the time
devoted by the applicant to the study and practice of podiatry; and
(5) any other information the board desires to record.
(b) Each license and annual renewal certificate issued by
the board must be numbered and recorded in a book kept by the board.
(c) Information in a record is prima facie evidence of each
matter contained in the record.
(d) A certified copy of a record, under the hand and seal of
the custodian of records of the board, is admissible as evidence in
all courts.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.157. BOARD PROCEEDINGS. (a) The board is not
bound by the strict rules of procedure or by the laws of evidence in
the conduct of its proceedings, but a board determination must be
founded on legal evidence sufficient to sustain it.
(b) Each order of the board is prima facie valid.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.158. BOARD DUTIES REGARDING COMPLAINTS. (a) The
board by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person
when the person files a complaint with the board.
(b) The board shall provide reasonable assistance to a
person who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.159. ANNUAL REPORT REGARDING FUNDS. (a) The
board shall file annually with the governor and the presiding
officer of each house of the legislature a complete and detailed
written report accounting for all funds received and disbursed by
the board during the preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At
least once each biennium, the board shall provide to license
holders information on:
(1) prescribing and dispensing pain medications, with
particular emphasis on Schedule II and Schedule III controlled
substances;
(2) abusive and addictive behavior of certain persons
who use prescription pain medications;
(3) common diversion strategies employed by certain
persons who use prescription pain medications, including
fraudulent prescription patterns; and
(4) the appropriate use of pain medications and the
differences between addiction, pseudo-addiction, tolerance, and
physical dependence.
Added by Acts 2003, 78th Leg., ch. 1163, § 2, eff. Sept. 1, 2003.
§ 202.161. POISON CONTROL CENTER INFORMATION. The
board shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, § 2, eff. Sept. 1, 2003.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
§ 202.201. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board and the board's procedures by which
complaints are filed with and resolved by the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.202. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board. The
board may provide for that notification:
(1) on each registration form, application, brochure,
or written contract for services of a person regulated under this
chapter;
(2) on a sign prominently displayed in the place of
business of each person regulated by the board; or
(3) in a bill for service provided by a person
regulated by the board.
(b) The board shall list with its regular telephone number
any toll-free telephone number established under other state law
that may be called to present a complaint about a health
professional.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.203. COMPLAINT RECORDS. (a) The board shall
keep an information file about each complaint filed with the board.
The information file must be kept current and contain a record for
each complaint of:
(1) each person contacted in relation to the
complaint;
(2) a summary of findings made at each step of the
complaint process;
(3) an explanation of the legal basis and reason for a
complaint that is dismissed;
(4) the schedule established for the complaint under
Section 202.204 and a notation of a change in the schedule; and
(5) other relevant information.
(b) If a written complaint is filed with the board, the
board, at least quarterly and until final disposition of the
complaint, shall notify the parties to the complaint of the status
of the complaint unless the notification would jeopardize an
undercover investigation. The board may provide a copy of the
complaint to the license holder unless providing a copy would
jeopardize an investigation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.052(a), eff. Sept. 1,
2001.
§ 202.204. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules
concerning the investigation of a complaint filed with the board.
The rules adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of an investigator and the
procedures for the board to obtain the services of an investigator,
including a private investigator.
(b) The board shall:
(1) dispose of all complaints in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(c) The board shall notify each party of the projected time
requirements for the complaint. The board shall notify each party
to the complaint of the change in the schedule not later than the
seventh day after the date the change is made.
(d) The executive director shall notify the board of a
complaint that is not resolved within the time prescribed by the
board for resolving the complaint so that the board may take
necessary action on the complaint.
(e) An investigator whose service is obtained by the board
in an investigation under this section is immune from suit and
liability for:
(1) holding an informal conference to determine the
facts of the complaint;
(2) testifying at a hearing regarding the
investigation;
(3) issuing an opinion on or making a report about:
(A) a person who files a complaint under this
chapter or requests the services of the board;
(B) a podiatrist; or
(C) a podiatric patient; and
(4) investigating a complaint filed with the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1259, § 1, eff. Sept. 1, 2001.
§ 202.205. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE REQUIREMENTS
§ 202.251. LICENSE REQUIRED. A person may not practice
podiatry or hold the person out as a podiatrist unless the person is
licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.252. LICENSE APPLICATION. (a) A person who
desires to practice podiatry in this state shall apply in writing to
the board for a license on a form prescribed by the board.
(b) The applicant shall submit any information reasonably
required by the board, including evidence satisfactory to the board
that the applicant:
(1) is at least 21 years of age;
(2) is of good moral character;
(3) has completed at least 90 semester hours of
college courses acceptable at the time of completion for credit
toward a bachelor's degree at The University of Texas;
(4) is a graduate of a reputable school of podiatry or
chiropody; and
(5) has successfully completed any other course of
training reasonably required by board rule relating to the safe
care and treatment of patients.
(c) The applicant shall verify by affidavit the information
submitted in the application.
(d) The applicant shall establish that the applicant
graduated from a reputable school of podiatry or chiropody by
furnishing a diploma from that school.
(e) All educational attainments or credits for evaluation
under this chapter must be completed within the United States. The
board may not accept educational credits attained in a foreign
country that are not acceptable to The University of Texas for
credit toward a bachelor's degree.
(f) For purposes of this section, a podiatry or chiropody
school is reputable if:
(1) the course of instruction consists of four terms
of approximately eight months each, or the substantial equivalent;
and
(2) the school is approved by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.253. GROUNDS FOR DENIAL OF LICENSE. (a) The
board may refuse to admit a person to an examination, and may refuse
to issue a license to practice podiatry to a person, for:
(1) presenting to the board a license, certificate, or
diploma that was illegally or fraudulently obtained or engaging in
fraud or deception in passing the examination;
(2) being convicted of:
(A) a felony;
(B) a crime that involves moral turpitude; or
(C) an offense under Section 202.606;
(3) engaging in habits of intemperance or drug
addiction that in the board's opinion would endanger the health,
well-being, or welfare of patients;
(4) engaging in grossly unprofessional or
dishonorable conduct of a character that in the board's opinion is
likely to deceive or defraud the public;
(5) directly or indirectly violating or attempting to
violate this chapter or a rule adopted under this chapter as a
principal, accessory, or accomplice;
(6) using any advertising statement of a character
tending to mislead or deceive the public;
(7) advertising professional superiority or the
performance of professional service in a superior manner;
(8) purchasing, selling, bartering, or using or
offering to purchase, sell, barter, or use a podiatry degree,
license, certificate, diploma, or a transcript of a license,
certificate, or diploma, in or incident to an application to the
board for a license to practice podiatry;
(9) altering, with fraudulent intent, a podiatry
license, certificate, diploma, or a transcript of a podiatry
license, certificate, or diploma;
(10) using a podiatry license, certificate, or
diploma, or a transcript of a podiatry license, certificate, or
diploma, that has been fraudulently purchased, issued,
counterfeited, or materially altered;
(11) impersonating, or acting as proxy for, another
person in a podiatry license examination;
(12) impersonating a license holder, or permitting
another person to use the license holder's license to practice
podiatry in this state, to treat or offer to treat, by any method,
conditions and ailments of human feet;
(13) directly or indirectly employing a person whose
license to practice podiatry has been suspended or associating in
the practice of podiatry with a person whose license to practice
podiatry has been suspended or who has been convicted of the
unlawful practice of podiatry in this state or elsewhere;
(14) wilfully making in the application for a license
to practice podiatry a material misrepresentation or material
untrue statement;
(15) being unable to practice podiatry with reasonable
skill and safety to a patient because of age, illness, drunkenness,
or excessive use of drugs, narcotics, chemicals, or other
substances or as a result of a mental or physical condition;
(16) failing to practice podiatry in an acceptable
manner consistent with public health and welfare;
(17) being removed, suspended, or disciplined in
another manner by the podiatrist's peers in a professional podiatry
association or society, whether local, regional, state, or national
in scope, or being disciplined by a licensed hospital or the medical
staff of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the board
determines that the action was:
(A) based on unprofessional conduct or
professional incompetence likely to harm the public; and
(B) appropriate and reasonably supported by
evidence submitted to the association, society, hospital, or
medical staff; or
(18) having repeated or recurring meritorious health
care liability claims filed against the podiatrist that in the
board's opinion are evidence of professional incompetence likely to
injure the public.
(b) In enforcing Subsection (a)(15), the board, on probable
cause, shall request the affected podiatrist to submit to a mental
or physical examination by a physician designated by the board. If
the podiatrist refuses to submit to the examination, the board
shall issue an order requiring the podiatrist to show cause why the
podiatrist will not submit to the examination and shall schedule a
hearing on the order not later than the 30th day after the date
notice is served on the podiatrist. The podiatrist shall be
notified by either personal service or certified mail with return
receipt requested.
(c) At the hearing, the podiatrist and the podiatrist's
attorney may present testimony and other evidence to show why the
podiatrist should not be required to submit to the examination.
After a complete hearing, the board shall issue an order either
requiring the podiatrist to submit to the examination or
withdrawing the request for examination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.254. EXAMINATION. (a) Except as provided by
Section 202.261, each applicant for a license to practice podiatry
in this state must pass an examination approved by the board. Each
applicant shall pay to the board an examination fee at least 15 days
before the date of the scheduled examination.
(b) The board may adopt and enforce rules of procedure for
administering this section. A public board member may not
participate in any part of the examination process for applicants
for a license issued by the board that requires knowledge of the
practice of podiatry.
(c) The license examination must consist of a written and
practical component. The board shall determine the passing score
for the examination using accepted criterion-referenced methods.
The board shall have the examination validated by an independent
testing professional.
(d) The examination must cover the subjects of anatomy,
chemistry, dermatology, diagnosis, pharmacology, pathology,
physiology, microbiology, orthopedics, and podiatry, as related to
ailments of the human foot.
(e) The board shall determine the credit to be given on the
examination answers. The discretion of the board on the
examination is final.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.255. EXAMINATION RESULTS. (a) The board shall
notify each examinee of the results of the examination not later
than the 30th day after the date a licensing examination is
administered under this chapter. If an examination is graded or
reviewed by a national testing service, the board shall notify each
examinee of the results of the examination not later than the 14th
day after the date the board receives the results from the testing
service.
(b) If the notice of examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the board shall notify each
examinee of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails the
examination, the board shall provide to the person an analysis of
the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.256. REEXAMINATION. (a) An applicant who fails
an examination and is refused a license based on that failure may
retake the examination. The applicant must pay the regular
examination fee for any reexamination.
(b) Each reexamination must cover each subject tested in
Section 202.254(d).
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.257. ISSUANCE OF LICENSE. The board shall issue a
license to each applicant who possesses the qualifications required
for a license and passes the examination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.258. REFUSAL OF ADMITTANCE TO EXAMINATION. An
applicant who is refused admittance to examination may try the
issue in a district court in Travis County.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.259. TEMPORARY LICENSE. (a) The board by rule
may adopt a procedure for the issuance of a temporary license to an
applicant other than an applicant for a provisional license under
Section 202.260.
(b) Rules adopted under this section must establish:
(1) the criteria for issuance of a temporary license;
and
(2) a maximum period during which a temporary license
is valid.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.260. PROVISIONAL LICENSE. (a) On application,
the board shall grant a provisional license to practice podiatry to
an applicant who:
(1) is licensed in good standing as a podiatrist in
another state that has licensing requirements that are
substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the board relating to the practice of podiatry; and
(3) is sponsored by a person licensed under this
chapter with whom the provisional license holder may practice under
this section.
(b) The board may excuse an applicant for a provisional
license from the requirement of Subsection (a)(3) if the board
determines that compliance with that subsection constitutes a
hardship to the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application for
a license. The board shall issue a license under this chapter to
the holder of a provisional license under this section if:
(1) the provisional license holder passes the
examination required by Section 202.254;
(2) the board verifies that the provisional license
holder has the academic and experience requirements for a license
under this chapter; and
(3) the provisional license holder satisfies any other
license requirements under this chapter.
(d) The board shall complete the processing of a provisional
license holder's application for a license not later than the 180th
day after the date the provisional license is issued. The board may
extend that deadline to allow for the receipt of pending
examination results.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.261. LIMITED LICENSE FOR PODIATRY FACULTY
MEMBERS. (a) The board may issue a license to practice podiatry
without administering the examination under Section 202.254 to a
podiatrist who:
(1) at the time of applying for a license has accepted
an appointment or is serving as a full-time member of the faculty of
an educational institution in this state offering an approved or
accredited course of study or training leading to a degree in
podiatry;
(2) is licensed to practice podiatry in another state
that has licensing requirements substantially equivalent to those
established by this state; and
(3) otherwise satisfies the requirements of Section
202.252.
(b) For purposes of Subsection (a)(1), a course of study,
training, or education is considered to be approved or accredited
if it is approved or accredited by the board as constituting a
reputable course of study, training, or education. In deciding
whether to approve or accredit a course of study, training, or
education, the board shall consider whether the course is approved
or accredited by the Council on Podiatric Medical Education of the
American Podiatric Medical Association or its successor
organization.
(c) Except for the examination requirement, an applicant
for a license under this section must comply with all application,
license, and license renewal requirements relating to podiatry and
is subject to all laws relating to the practice of podiatry.
(d) A license issued under this section permits the practice
of podiatry only for purposes of instruction in the educational
institution.
(e) A license issued under this section terminates when the
faculty appointment of a podiatrist licensed under this section is
terminated. This section does not:
(1) prohibit the podiatrist from applying for and
obtaining a license; or
(2) affect a license obtained by the podiatrist by
complying with Section 202.254 and other applicable laws relating
to the practice of podiatry.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.262. DISPLAY OF LICENSE. (a) A person licensed
under this chapter must conspicuously display both the license and
an annual renewal certificate for the current year of practice at
the location where the person practices.
(b) The person shall exhibit the license and renewal
certificate to a board representative on the representative's
official request for examination or inspection.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.263. ISSUANCE OF DUPLICATE OR AMENDED
LICENSE. (a) If a license issued by the board is lost, destroyed,
or stolen from the person to whom it was issued, the license holder
shall report the fact to the board in an affidavit. The affidavit
must include detailed information as to the loss, destruction, or
theft, giving dates, place, and circumstances.
(b) A license holder may apply to the board for an amended
license because of a lawful change in the person's name or degree
designation or for any other lawful and sufficient reason. The
license holder must state the reasons that the issuance of an
amended license is requested.
(c) The board shall issue a duplicate or amended license on
application by a license holder and payment of a fee set by the
board for the duplicate or amended license. The board may not issue
a duplicate or amended license unless:
(1) the license holder submits sufficient evidence to
prove the license has been lost, destroyed, or stolen or
establishes the lawful reason that an amended license should be
issued; and
(2) the board's records show a license had been issued
and was in effect at the time of the loss, destruction, or theft or
on the date of the request for an amended license.
(d) If an amended license is issued, the license holder
shall return the original license to the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.264. INACTIVE STATUS. The board by rule may
provide for the license of a person under this chapter to be placed
on inactive status. Rules adopted under this section must include a
time limit for a license to remain on inactive status.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER G. LICENSE RENEWAL
§ 202.301. ANNUAL LICENSE RENEWAL. (a) The board by
rule may adopt a system under which licenses expire on various dates
during the year, and the dates for sending notice that payment is
due and dates of suspension, revocation, and assessment of a
penalty for nonpayment shall be adjusted accordingly. For the year
in which the license renewal date is changed, license fees payable
on November 1 shall be prorated on a monthly basis so that each
license holder shall pay only that portion of the license fee that
is allocable to the number of months during which the license is
valid. On renewal of the license on the new expiration date, the
total license renewal fee is payable.
(b) At least 30 days before the expiration of a person's
license, the board shall send written notice of the impending
license expiration to the person at the person's last known address
according to the board's records.
(c) A person may renew the person's unexpired license by
paying the required renewal fee to the board before the expiration
date of the license.
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
renewal fee and a fee equal to half of the amount charged for
examination for the license. If a license has been expired for more
than 90 days but less than one year, the person may renew the
license by paying to the board all unpaid renewal fees and a fee
equal to the amount charged for examination for the license.
(e) If a person's license has been expired for one year or
longer, the person may not renew the license. The person may obtain
a new license by submitting to reexamination and complying with the
requirements and procedures for obtaining an original license.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without reexamination an
expired license of a person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date the person
applied for renewal.
(b) The person must pay to the board a fee equal to the
amount charged for examination for the license.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person
who practices podiatry without an annual renewal certificate for
the current year is considered to be practicing without a license
and is subject to all the penalties of the practice of podiatry
without a license.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.304. RENEWAL AFTER MILITARY SERVICE. (a) Except
as provided by Subsection (c), this section applies to a podiatrist
whose license has been suspended or revoked, or whose annual
renewal certificate has expired, while the podiatrist has been:
(1) engaged in federal service or on active duty with:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Marine Corps;
(D) the United States Coast Guard; or
(E) the United States Air Force;
(2) called into service or training of the United
States; or
(3) in training or education under the supervision of
the United States before induction into military service.
(b) A podiatrist subject to this section may renew the
podiatrist's license without paying a renewal fee for the expired
license or passing an examination if, not later than the first
anniversary of the date of the termination of service, training, or
education described by Subsection (a), other than by dishonorable
discharge, the podiatrist furnishes to the board an affidavit
stating that the podiatrist has been so engaged and that the
service, training, or education has terminated.
(c) This section does not apply to a podiatrist whose
license is revoked under Section 202.502.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.305. CONTINUING EDUCATION. (a) The board shall
develop a mandatory continuing education program. In developing
its program, the board shall:
(1) establish by rule the minimum hours of continuing
education required for license renewal;
(2) identify the key factors that lead to the
competent performance of professional duties;
(3) develop a process to evaluate and approve
continuing education courses; and
(4) develop a process to assess the participation and
performance of license holders in continuing education courses to
enable the board to evaluate the overall effectiveness of the
program.
(b) The board may assess the continuing education needs of a
license holder and require the license holder to attend continuing
education courses specified by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER H. PRACTICE BY LICENSE HOLDER
§ 202.351. PODIATRY SERVICES FOR CERTAIN HEALTH
ORGANIZATIONS. A licensed podiatrist may contract with a health
organization approved by the Texas State Board of Medical Examiners
under Chapter 162 to provide podiatry services for the health
organization.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.352. BOARD APPROVAL OF NAMES UNDER WHICH
PODIATRIST MAY PRACTICE. (a) The board may adopt rules
establishing standards or guidelines for the name, including a
trade name or assumed name, under which a podiatrist may conduct a
practice in this state. In its rules, the board may also establish
procedures to review and make determinations approving or
disapproving a specific name submitted to the board by one or more
podiatrists desiring to practice under a particular name.
(b) The authority granted to the board by this section
includes any form of business organization under which a podiatrist
conducts a practice, including:
(1) a sole proprietorship;
(2) an association;
(3) a partnership;
(4) a professional corporation;
(5) a clinic;
(6) a health maintenance organization; and
(7) a group practice with a practitioner of another
branch of the healing art.
(c) A podiatrist may not practice podiatry in this state
under any name, including a trade name or assumed name, unless the
name is in compliance with the applicable rules adopted or
determinations made under this section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.353. MALPRACTICE CLAIM REPORTS. (a) An insurer
who delivers or issues for delivery in this state professional
liability insurance coverage to a podiatrist who practices in this
state shall furnish to the board the information specified in
Subsection (b) relating to:
(1) a notice of claim letter or a complaint filed
against the insured in a court, if the notice of claim letter or the
complaint seeks the recovery of damages based on the insured's
conduct in providing or failing to provide medical or health care
services; or
(2) a settlement of a claim or other legal action made
by the insurer on behalf of the insured.
(b) The insurer shall furnish the following information not
later than the 30th day after the date the insurer receives the
notice of claim letter or complaint against the insured:
(1) the name of the insured;
(2) the number of the insured's license to practice
podiatry in this state;
(3) the insured's insurance policy number; and
(4) a copy of the notice of claim letter or complaint.
(c) If a podiatrist who practices in this state is not
covered by professional liability insurance or is insured by an
insurer who is not authorized to write professional liability
insurance for podiatrists in this state, the affected podiatrist
shall submit information to the board relating to any malpractice
action brought against that podiatrist. The podiatrist shall
submit the information as required by rules adopted by the board
under Subsections (d)-(f).
(d) In consultation with the commissioner of insurance, the
board shall adopt rules for reporting the information required
under Subsections (a) and (b) and any additional information
required by the board.
(e) The board shall consider other claim reports required
under state or federal law in determining:
(1) any additional information to be reported;
(2) the form of the report; and
(3) reasonable reporting intervals.
(f) The board may require additional information,
including:
(1) the date of a judgment, dismissal, or settlement
of a malpractice action;
(2) whether an appeal has been taken and the identity
of the party appealing; and
(3) the amount of any judgment or settlement.
(g) An insurer, an agent or employee of the insurer, a board
member, or an employee or representative of the board is not liable
or subject to a cause of action for an action taken as required
under this section.
(h) A report or information submitted to the board under
this section or the fact that a report or information has been
submitted may not be offered in evidence or in any manner used in
the trial of an action brought against a podiatrist based on the
podiatrist's conduct in providing or failing to provide medical or
health care services.
(i) The board shall review the information relating to a
podiatrist against whom three or more malpractice claims have been
reported during any five-year period in the same manner as if a
complaint against that podiatrist had been made to the board under
Subchapter E.
(j) The commissioner of insurance may impose the sanctions
authorized by Chapter 82, Insurance Code, against an insurer
subject to this section who fails to report as prescribed by this
section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 1276, § 10A.544, eff. Sept. 1, 2003.
SUBCHAPTER I. PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS
§ 202.401. DEFINITIONS. In this subchapter:
(1) "Patient" means a person who consults or is seen by
a podiatrist to receive podiatric care.
(2) "Podiatric record" means a record relating to the
history, diagnosis, treatment, or prognosis of a patient.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.402. SCOPE OF PRIVILEGE. (a) A communication
that relates to or is in connection with professional services
provided by a podiatrist for a patient is confidential and
privileged and may not be disclosed except as provided by this
subchapter.
(b) Records of the identity, diagnosis, evaluation, or
treatment of a patient by a podiatrist that are created or
maintained by a podiatrist are confidential and privileged and may
not be disclosed except as provided by this subchapter.
(c) A person who receives information from confidential
communications or podiatric records, other than a person listed
under Section 202.405 or 202.406 who is acting on the patient's
behalf, may not disclose the information except to the extent that
disclosure is consistent with the authorized purposes for which the
information was first obtained.
(d) The prohibitions of this section continue to apply to
confidential communications or records concerning a patient
without regard to when the patient received the services of a
podiatrist.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.403. CLAIM OF PRIVILEGE. (a) The privilege of
confidentiality under this subchapter may be claimed by the patient
or by a podiatrist acting on the patient's behalf.
(b) A podiatrist may claim the privilege of confidentiality
only on behalf of the podiatrist's patient. The authority to claim
the privilege is presumed in the absence of evidence to the
contrary.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.404. EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY
IN CERTAIN PROCEEDINGS. (a) The privilege and confidentiality
requirements under this subchapter do not apply in a court or
administrative proceeding if:
(1) the proceeding is brought by a patient against a
podiatrist, including a malpractice proceeding, a criminal
proceeding, or a license revocation proceeding in which the patient
is a complaining witness and in which disclosure is relevant to the
claims or defense of a podiatrist;
(2) a patient or a person authorized to act on the
patient's behalf submits written consent to the release of
confidential information, as provided by Section 202.406; or
(3) the purpose of the proceeding is to substantiate
and collect on a claim for podiatric services provided to a patient.
(b) The privilege and confidentiality requirements under
this subchapter do not apply in a civil litigation or
administrative proceeding brought by a patient or a person
authorized to act on the patient's behalf if the plaintiff is
attempting to recover monetary damages for a physical or mental
condition, including the patient's death. Information that is
otherwise confidential under this subchapter is discoverable in a
court or administrative proceeding in this state if the information
is relevant to the proceeding and the court or administrative body
has jurisdiction over the subject matter under the applicable rules
of procedure specified for that matter.
(c) The privilege and confidentiality requirements under
this subchapter do not apply in a disciplinary investigation or
proceeding against a podiatrist conducted under this chapter.
(d) The privilege and confidentiality requirements under
this subchapter do not apply in a criminal investigation of or
criminal proceeding against a podiatrist in which the board is
participating or assisting by providing certain records obtained
from the podiatrist. This subsection does not authorize the
release of any confidential information to instigate or
substantiate criminal charges against a patient.
(e) The board shall protect the identity of a patient whose
podiatric records are examined or provided under Subsection (c) or
(d), other than a patient who:
(1) is covered under Subsection (a)(1); or
(2) has submitted written consent to the release of
the patient's podiatric records as provided by Section 202.406.
(f) The privilege and confidentiality requirements under
this subchapter do not apply in a criminal prosecution in which the
patient is a victim, witness, or defendant. Records or
communications are not discoverable under this subsection until the
court in which the prosecution is pending makes an in camera
determination as to the relevancy of the records or communications
or part of the records or communications. The court's
determination does not constitute a determination as to the
admissibility of the records or communications or part of the
records or communications.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.405. OTHER EXCEPTIONS TO PRIVILEGE AND
CONFIDENTIALITY REQUIREMENTS. (a) The privilege and
confidentiality requirements of this subchapter do not apply to,
and a podiatrist may disclose information made confidential under
this subchapter to:
(1) a government agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency protects the identity of a patient
whose podiatric records are examined;
(2) medical or law enforcement personnel, if the
podiatrist determines that there is a probability of:
(A) imminent physical injury to the patient, the
podiatrist, or another person; or
(B) immediate mental or emotional injury to the
patient;
(3) qualified personnel for a management audit,
financial audit, program evaluation, or research;
(4) a person who presents the written consent of the
patient or a person authorized to act on the patient's behalf for
the release of confidential information, as provided by Section
202.406;
(5) an individual, corporation, or governmental
entity involved in the payment or collection of fees for services
provided by a podiatrist; or
(6) another podiatrist and a person under the
direction of the podiatrist who is participating in the diagnosis,
evaluation, or treatment of the patient.
(b) A person who receives information under Subsection
(a)(3) may not directly or indirectly identify the patient in any
report of the research, audit, or evaluation or otherwise disclose
the patient's identity.
(c) Records reflecting charges and specific services
provided may be disclosed only when necessary to collect fees for
services provided by a podiatrist, professional association, or
another entity qualified to provide or arrange for services.
(d) Records created by a state hospital, a state school, or
an employee of the state hospital or state school that are otherwise
confidential under this subchapter may be disclosed in an official
legislative inquiry regarding the state hospital or state school.
Information or records that identify a patient or client may not be
released for any purpose unless proper consent to the release is
given by the patient.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.406. CONSENT FOR RELEASE OF CONFIDENTIAL
INFORMATION. (a) Consent for the release of information made
confidential under this subchapter must be made in writing and
signed by:
(1) the patient;
(2) the patient's parent or legal guardian if the
patient is a minor;
(3) a legal guardian if the patient has been
adjudicated incompetent to manage the patient's personal affairs;
(4) an attorney ad litem appointed for the patient, as
authorized by:
(A) Subtitle B, Title 6, Health and Safety Code;
(B) Subtitle C, D, or E, Title 7, Health and
Safety Code;
(C) Chapter XIII, Texas Probate Code;
(D) Chapter 107, Family Code; or
(E) another applicable law; or
(5) the patient's personal representative if the
patient is deceased.
(b) The written consent required under this section must
specify:
(1) the information and records covered by the
release;
(2) the reason or purpose for the release; and
(3) the person to whom the information is to be
released.
(c) A patient or other person authorized to consent may
withdraw consent to the release of any information. Withdrawal of
consent does not affect information disclosed before the written
notice of the withdrawal.
(d) A podiatrist shall furnish copies of podiatric records
requested or a summary or narrative of the records under a written
consent for release of the information as provided by this section
unless the podiatrist determines that access to the information
would be harmful to the physical, mental, or emotional health of the
patient. The podiatrist may delete confidential information about
another person who has not consented to the release.
(e) The podiatrist shall furnish the information within a
reasonable period of time. The patient or another person acting on
the patient's behalf shall pay a reasonable fee charged by the
podiatrist for furnishing the information.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.407. DISCLOSURE OF RELEASED INFORMATION. A
person who receives information made confidential by this
subchapter may disclose the information to another person only to
the extent consistent with the authorized purposes for which
consent to release the information was obtained.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER J. PEER REVIEW
§ 202.451. DEFINITIONS. In this subchapter:
(1) "Podiatric medical society or association" means a
membership organization of podiatrists:
(A) incorporated under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes); or
(B) exempt from the payment of federal income
taxes under Section 501(a) of the Internal Revenue Code of 1986 and
its subsequent amendments by being listed as an exempt entity under
Section 501(c) of that code.
(2) "Podiatric peer review committee" means the
podiatric peer review, judicial, or grievance committee of a
podiatric medical society or association that is authorized to
evaluate the quality of podiatry services or the competence of a
podiatrist. A committee includes the members, employees, and
agents of the committee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.452. DISCLOSURE OF COMMUNICATIONS MADE TO PEER
REVIEW COMMITTEE. (a) Written or oral communications made to a
podiatric peer review committee and the records and proceedings of
a peer review committee may be disclosed to:
(1) another podiatric peer review committee;
(2) an appropriate state or federal agency;
(3) a national accreditation body; or
(4) the board or the state board of registration or
licensing of podiatrists in another state.
(b) The disclosure of confidential podiatric peer review
committee information to the affected podiatrist that is relevant
to the matter under review by the committee does not constitute a
waiver of the confidentiality provisions of this subchapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.453. INFORMATION PROVIDED TO AFFECTED
PODIATRIST. A podiatric peer review committee that takes action
that could result in censure or suspension, restriction,
limitation, or revocation of a license by the board or a denial of a
podiatrist's membership or privileges in a health care entity shall
provide the affected podiatrist a written copy of the committee's
recommendation and a copy of the final decision, including a
statement of the basis for the decision.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.454. CONFIDENTIALITY REQUIREMENTS. (a) Except
as otherwise provided by this subchapter, the proceedings and
records of a podiatric peer review committee are confidential and
all communications made to a podiatric peer review committee are
privileged.
(b) If a court makes a preliminary finding that the
proceedings, records, or communications of a podiatric peer review
committee are relevant to an anticompetitive action or to an action
brought under federal civil rights laws, the proceedings, records,
or communications are not considered to be confidential to the
extent the proceedings, records, or communications are determined
to be relevant to that action.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.455. PRIVILEGE OF CONFIDENTIALITY;
WAIVER. (a) The records or determinations of a podiatric peer
review committee or communications made to a committee are not
subject to subpoena or discovery and are not admissible as evidence
in a civil or administrative proceeding unless disclosure is
required or authorized by law. A committee may in writing waive the
privilege of confidentiality.
(b) The evidentiary privilege under this subchapter may be
invoked by any person in a civil or administrative proceeding
unless the person has secured a waiver of the privilege executed in
writing by the chairman, vice chairman, or secretary of the
affected podiatric peer review committee.
(c) If a podiatric peer review committee, a person
participating in peer review, or an organization named as a
defendant in a civil action filed as a result of participating in
peer review is permitted to use confidential information in the
defendant's defense or in a claim or suit under Section 202.457, the
plaintiff in that proceeding also may disclose the records or
determinations of a peer review committee or communications made to
a peer review committee to rebut the defendant.
(d) A person who seeks access to privileged information must
plead and prove waiver of the privilege.
(e) A member, employee, or agent of a podiatric peer review
committee who provides access to otherwise privileged
communications or records in cooperation with a law enforcement
authority in a criminal investigation does not waive a privilege
established under this subchapter.
(f) The disclosure of documents or information under a
subpoena issued by the board does not constitute a waiver of the
confidentiality privilege associated with a podiatric peer review
committee proceeding.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.456. IMMUNITY. (a) Except for an action
involving fraud, conspiracy, or malice, a podiatric peer review
committee is immune from liability and may not be subject to a suit
for damages for any act arising from the performance of the
committee's duties in:
(1) investigating a disagreement or complaint;
(2) holding a hearing to determine facts; or
(3) making an evaluation, recommendation, decision,
or award involving:
(A) a podiatrist who is a member of the podiatric
medical society or association; or
(B) another podiatrist, podiatric patient, or
third party who requests the services of the committee.
(b) A person, including a health care entity or podiatric
peer review committee, that participates in podiatric peer review
activity or furnishes records, information, or assistance to a
podiatric peer review committee or to the board is immune from civil
liability arising from those acts if the person acted in good faith
and without malice.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.457. CLAIMS FOR DEFENSE COSTS. A podiatric peer
review committee, a person participating in peer review, or another
entity named as a defendant in a civil action filed as a result of
the defendant's participation in peer review may file a
counterclaim in the pending action or may prove a cause of action in
a subsequent suit to recover defense costs, including court costs,
attorney's fees, and damages incurred as a result of the civil
action, if the plaintiff's original suit is determined to be
frivolous or to have been brought in bad faith.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER K. DISCIPLINARY ACTIONS AND PROCEDURES
§ 202.501. BOARD DISCIPLINARY POWERS; ADMINISTRATIVE
PROCEDURE. (a) The board shall revoke or suspend a license, place
on probation a person whose license has been suspended, or
reprimand a license holder for violating the law regulating the
practice of podiatry or a rule adopted by the board.
(b) If a license suspension is probated, the board may
require the license holder to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit the license holder's practice to the areas
prescribed by the board; or
(3) continue or review continuing professional
education until the license holder attains a degree of skill
satisfactory to the board in those areas that are the basis of the
probation.
(c) Proceedings for the suspension or revocation of a
license under this section are subject to Chapter 2001, Government
Code.
(d) A person whose license to practice podiatry has been
revoked or suspended by order of the board may appeal the action to
a district court in Travis County. The board's decision may not be
enjoined or stayed except on application to the district court
after notice to the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.5015. CERTAIN CONDUCT CONSTITUTING CHAPTER
VIOLATION. A license holder who engages in conduct described by
Section 202.253 violates this chapter.
Added by Acts 2001, 77th Leg., ch. 1259, § 2, eff. Sept. 1, 2001.
§ 202.502. REVOCATION AND SUSPENSION OF LICENSE FOR
DRUG-RELATED FELONY CONVICTION. (a) The board shall suspend a
person's license after an administrative hearing conducted in
accordance with Chapter 2001, Government Code, in which the board
determines that the license holder has been convicted of a felony
under Chapter 481 or 483, Health and Safety Code, or Section
485.033, Health and Safety Code.
(b) On the person's final conviction, the board shall revoke
the person's license.
(c) The board may not reinstate or reissue a license to a
person whose license is suspended or revoked under this section
except on an express determination based on substantial evidence
contained in an investigative report indicating that the
reinstatement or reissuance of the license is in the best interests
of the public and of the person whose license has been suspended or
revoked.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.503. PROBATION; HEARING. (a) The board, on
majority vote, may probate an order revoking or suspending a
podiatrist's license conditioned on the podiatrist conforming to
any order or rule the board adopts as the condition of probation.
The board, at the time of probation, shall set the term of the
probationary period.
(b) At any time while the podiatrist remains on probation,
the board may hold a hearing to determine whether the podiatrist has
violated the conditions of the probation. On a board determination
that the conditions of the probation have been violated, the board
may rescind the probation and enforce the board's original action
in revoking or suspending the podiatrist's license.
(c) The president of the board shall call the hearing under
Subsection (b) to rescind the probation. The president shall order
the issuance of notice setting the time and place for the hearing
and containing the charges or complaints against the podiatrist.
The notice shall be served on the podiatrist or the podiatrist's
counsel and on any person complaining about the podiatrist or that
person's counsel at least 10 days before the date set for the
hearing. If personal service is impossible or cannot be effected,
the provisions for service instead of personal service under
Chapter 2001, Government Code, apply.
(d) The podiatrist and any person complaining about the
podiatrist may appear at the hearing either personally or by
counsel, or both, to produce witnesses or evidence, to
cross-examine witnesses, and to have subpoenas issued by the board.
The board may also issue subpoenas on its own motion. The subpoenas
of the board may be enforced through any district court with
jurisdiction and venue in the county where the hearing is held.
(e) The board shall determine the charges on their merits.
The order revoking or rescinding the probation is not subject to
review or appeal.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.504. REISSUANCE OF LICENSE. (a) On application,
the board may reissue a license to practice podiatry to a person
whose license has been revoked or suspended.
(b) A person whose license has been revoked may not apply
for a reissued license before the first anniversary of the date of
the revocation. The person shall apply for the license in the
manner and form required by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.505. REEXAMINATION IF LICENSE SUSPENDED OR
REVOKED. The board may refuse to reinstate a license or to issue a
new license until a podiatrist has passed the regular license
examination if the board suspended or revoked the license for:
(1) failure to satisfy continuing education
requirements under Section 202.305; or
(2) nonpayment of the annual license renewal fee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.506. APPLICATION TO CERTAIN DRUG OFFENSES. A
person convicted of a felony under Chapter 481 or 483, Health and
Safety Code, or Section 485.033, Health and Safety Code, is not
eligible for:
(1) probation of a license suspension or revocation
under Section 202.503; or
(2) reissuance of a license under Section 202.504.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.507. SUBPOENA AUTHORITY. (a) The board may
request and, if necessary, compel by subpoena:
(1) the attendance or examination under oath of
witnesses; and
(2) the production of books, accounts, records,
papers, correspondence, documents, and other evidence relevant to
the investigation of an alleged violation of this chapter.
(b) If a person fails to comply with a subpoena issued under
this section, the board, through the attorney general, may file
suit to enforce the subpoena in a district court in Travis County or
in a county in which a hearing conducted by the board may be held.
If the court finds that good cause existed for the issuance of the
subpoena, the court shall order compliance with the subpoena.
Failure to obey the court order is punishable by the court as
contempt.
(c) Failure to comply with a subpoena constitutes grounds
for disciplinary action against the person, including a facility,
by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.508. INFORMAL PROCEEDINGS. (a) The board by
rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) informal proceedings held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under this section must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a representative of the
office of the attorney general or the board's legal counsel to
advise the board or the board's employees.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.509. DISCLOSURE OF INVESTIGATIVE
INFORMATION. (a) A complaint, report, investigation file, or
other investigative information in the possession of or received or
gathered by the board or an employee or agent of the board that
relates to a license holder, a license application, or a criminal
investigation or proceeding is privileged, confidential, and not
subject to discovery, subpoena, or any other legal method of
compelling release.
(b) Subject to any other privilege or restriction
established by law, not later than the 30th day after the date the
board receives a written request from a license holder, or the
license holder's attorney, who is the subject of a formal
complaint, the board shall provide the license holder with access
to all information in the board's possession that the board intends
to offer into evidence at the contested case hearing on the
complaint. The board may provide access to the information to the
license holder after the 30th day after the date the board receives
a request only on a showing of good cause.
(c) The board is not required under Subsection (b) to
provide access to the board's investigative reports or memoranda,
release the identity of a complainant who will not testify at the
hearing, or release information that is an attorney's work product
or protected by the attorney-client privilege or another privilege
recognized by the Texas Rules of Civil Procedure or Texas Rules of
Evidence. The furnishing of information under Subsection (b) does
not constitute a waiver of any privilege or confidentiality
provision under law.
(d) Investigative information in the board's possession
that relates to a disciplinary action regarding a license holder
may be disclosed to:
(1) a licensing agency regulating the practice of
podiatry in another state or country in which the license holder is
also licensed or has applied for a license; or
(2) a peer review committee reviewing a license
holder's application for privileges or the license holder's
qualifications with regard to retaining the privileges.
(e) The board shall report to the appropriate law
enforcement agency information obtained by the board in the course
of an investigation that indicates that a crime may have been
committed. The board shall cooperate and assist a law enforcement
agency conducting a criminal investigation of a license holder by
providing relevant information to the agency. Information provided
to a law enforcement agency by the board is confidential and may not
be disclosed except as necessary to conduct the investigation.
(f) The board shall provide information to a health care
entity on the written request of the entity concerning:
(1) a complaint filed against a license holder that
was resolved after an investigation by the board or resolved by an
agreed settlement; and
(2) the basis for and status of an active
investigation concerning a license holder.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER L. ADMINISTRATIVE PENALTY
§ 202.551. IMPOSITION OF PENALTY. The board may impose
an administrative penalty against a person licensed or regulated
under this chapter who violates this chapter or a rule or order
adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.552. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $2,500. Each day a violation
continues or occurs is a separate violation for purposes of
imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and
gravity of any prohibited acts; and
(B) the hazard or potential hazard created to the
health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts made to correct the violation; and
(6) any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.553. REPORT AND NOTICE OF VIOLATION AND
PENALTY. (a) The executive director, on determining that a
violation has occurred, may issue to the board a report that states
the facts on which the determination is based and the executive
director's recommendation on the imposition of an administrative
penalty, including a recommendation on the amount of the penalty.
(b) Not later than the 14th day after the date the report is
issued, the executive director shall give written notice of the
report to the person. The notice may be given by certified mail.
The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.554. PENALTY TO BE PAID OR HEARING
REQUESTED. (a) Not later than the 20th day after the date the
person receives the notice under Section 202.553, the person may:
(1) accept in writing the executive director's
determination and recommended administrative penalty; or
(2) make a written request for a hearing on the
occurrence of the violation, the amount of the penalty, or both.
(b) If the person accepts the executive director's
determination and recommended penalty, the board by order shall
approve the determination and impose the recommended penalty.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.555. HEARING. (a) If the person requests a
hearing or fails to respond timely to the notice, the executive
director shall:
(1) set a hearing; and
(2) give notice of the hearing to the person.
(b) A hearing set under Subsection (a) shall be held by an
administrative law judge of the State Office of Administrative
Hearings.
(c) The administrative law judge shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the board a proposal for a
decision about the occurrence of the violation and the amount of a
proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.556. DECISION BY BOARD. (a) Based on the
findings of fact, conclusions of law, and proposal for a decision,
the board by order may determine that:
(1) a violation has occurred and impose an
administrative penalty; or
(2) a violation did not occur.
(b) The notice of the board's order given to the person
under Chapter 2001, Government Code, must include a statement of
the right of the person to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.557. OPTIONS FOLLOWING DECISION: PAY OR
APPEAL. (a) Not later than the 30th day after the date the
board's order is final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial
review contesting the fact of the violation, the amount of the
penalty, or both; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting the fact of the violation,
the amount of the penalty, or both.
(b) Not later than the 30th day after the date the order is
final, a person who acts under Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of
the board's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
executive director by certified mail.
(c) If the executive director receives a copy of an
affidavit under Subsection (b)(2), the executive director may file
with the court a contest to the affidavit not later than the fifth
day after the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.558. COLLECTION OF PENALTY. If the person does
not pay the administrative penalty and the enforcement of the
penalty is not stayed, the executive director may refer the matter
to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.559. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court may
uphold or reduce the amount of the administrative penalty and order
the person to pay the full or reduced amount of the penalty.
(b) If the court does not sustain the determination that a
violation occurred, the court shall order that an administrative
penalty is not owed.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.560. REMITTANCE OF PENALTY AND INTEREST. (a) If
after judicial review, the administrative penalty is reduced or not
imposed by the court, the court shall, after judgment becomes
final:
(1) order that the appropriate amount, plus accrued
interest, be remitted to the person if the person paid the penalty;
or
(2) order the release of the bond in full if the
penalty is not imposed or order the release of the bond after the
person pays the penalty imposed if the person posted a supersedeas
bond.
(b) The interest paid under Subsection (a)(1) is the rate
charged on loans to depository institutions by the New York Federal
Reserve Bank. The interest shall be paid for the period beginning
on the date the penalty is paid and ending on the date the penalty is
remitted.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.561. ADMINISTRATIVE PROCEDURE. A proceeding
under this subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER M. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
§ 202.601. INJUNCTION. (a) In addition to any other
action, proceeding, or remedy authorized by law, the board may
institute an action in its own name to enjoin the violation of a law
regulating the practice of podiatry or a rule adopted under this
chapter. The court may grant a temporary injunction in the action.
(b) The attorney general or a district or county attorney
shall represent the board in an action under this section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.602. MONITORING OF LICENSE HOLDER. The board by
rule shall develop a system to monitor a podiatrist's compliance
with this chapter. The system must include:
(1) procedures for determining whether a podiatrist is
in compliance with an order issued by the board; and
(2) a method of identifying and monitoring each
podiatrist who represents a risk to the public.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.603. PROSECUTION OF VIOLATION. The board shall
take action to ensure the prosecution of each person who violates
this chapter and may incur reasonably necessary related expenses.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.604. CIVIL PENALTY: USE OF TRADE NAME;
INJUNCTION. (a) A person who violates Section 202.352 or a rule
adopted or a determination made by the board under that section is
subject to a civil penalty of not less than $50 or more than $500 for
each day of violation.
(b) If it appears that a person has violated or is violating
Section 202.352 or a rule adopted or determination made by the board
under that section, the board may institute a civil action in
district court for:
(1) injunctive relief to restrain the person from
continuing the violation;
(2) the assessment and recovery of a civil penalty
under Subsection (a); or
(3) both injunctive relief and the civil penalty.
(c) At the request of the board, the attorney general shall
institute and conduct the action in the name of the state.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.605. GENERAL CRIMINAL PENALTY: PRACTICING WITHOUT
LICENSE. (a) A person commits an offense if the person professes
to be a podiatrist or practices or assumes the duties incident to
the practice of podiatry without holding a license to practice
podiatry.
(b) An offense under this section is punishable by:
(1) a fine of not less than $50 or more than $500;
(2) confinement in the county jail for not less than 30
days or more than six months; or
(3) both the fine and confinement.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 202.606. CRIMINAL PENALTY: AMPUTATION OF
FOOT. (a) A podiatrist commits an offense if the podiatrist
amputates a human foot.
(b) An offense under this section is punishable by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for not less than 30
days or more than six months; or
(3) both the fine and confinement.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
