SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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,...
- Texas Section 202.054 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 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,...
- Texas Section 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 taking office the qualifications...
- Texas Section 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...
- Texas Section 202.058 - Officers
(a) The governor shall designate a member of the board as the president of the board to serve in that capacity at the pleasure of...
- Texas Section 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...
- Texas Section 202.060 - Location Of Offices
The board shall maintain offices in Austin. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C BOARD PERSONNEL
- Texas Section 202.061 - Training
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as...
- Texas Section 202.101 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 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;...
- Texas Section 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...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 202.1525 - Rules On Consequences Of Criminal Conviction
(a) The board shall adopt rules necessary to comply with Chapter 53. (b) In its rules under this section, the board shall list the specific...
- Texas Section 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...
- Texas Section 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...
- Texas Section 202.1545 - Advisory Committee Membership
(a) This section does not apply to a committee created under Section 202.154 exclusively composed of board members. (b) A board member is not eligible...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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, Sec....
- Texas Section 202.162 - Use Of Technology
The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 202.163 - Negotiated Rulemaking And Alternative Dispute Resolution Procedures
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 202.203 - Complaint Records
(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties...
- Texas Section 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...
SUBCHAPTER F LICENSE REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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.,...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H PRACTICE BY LICENSE HOLDER
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER I PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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:...
- Texas Section 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...
SUBCHAPTER J PEER REVIEW
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER K DISCIPLINARY ACTIONS AND PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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, Sec. 2, eff....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 202.5085 - Refund
(a) Subject to Subsection (b), the board may order a person licensed under this chapter to pay a refund to a consumer as provided in...
- Texas Section 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...
SUBCHAPTER L ADMINISTRATIVE PENALTY
- Texas Section 202.510 - Temporary Suspension Of License
(a) The president of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license to practice podiatry...
- Texas Section 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...
- Texas Section 202.552 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER M OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 202.561 - Administrative Procedure
A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 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...
- Texas Section 202.6015 - Cease And Desist Order
(a) If it appears to the board that a person who is not licensed under this chapter is violating or has violated this chapter, a...
- Texas Section 202.602 - Monitoring And Inspection Of License Holder
(a) 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...