reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter D. Powers and Duties › Section 202.160. Information Provided to License Holders

Sec. 202.160.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At least once each biennium, the department 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, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter D. Powers and Duties › Section 202.161. Poison Control Center Information

Sec. 202.161.  POISON CONTROL CENTER INFORMATION.  The department shall provide to license holders information regarding the services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter E. Complaint Procedures › Section 202.2031. Notification to Parties Regarding Complaint

Sec. 202.2031.  NOTIFICATION TO PARTIES REGARDING COMPLAINT.  (a)  The department shall notify a license holder who is the subject of a complaint filed with the department that a complaint has been filed and shall notify the license holder of the nature of the complaint.
(b)  The department is not required to provide notice under this section if the notice would jeopardize an investigation.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 22, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter E. Complaint Procedures › Section 202.2032. Requirements for Certain Complaints

Sec. 202.2032.  REQUIREMENTS FOR CERTAIN COMPLAINTS.  (a)  In this section:
(1)  "Anonymous complaint" means a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint.
(2)  "Insurance agent" means a person licensed under Chapter 4054, Insurance Code.
(3)  "Insurer" means an insurance company or other entity authorized to engage in the business of insurance under Subtitle C, Title 6, Insurance Code.
(4)  "Third-party administrator" means a person required to have a certificate of authority under Chapter 4151, Insurance Code.
(b)  The department may not accept anonymous complaints.
(c)  Notwithstanding any confidentiality requirements under Chapter 552, Government Code, Chapter 51, or this chapter, a complaint filed with the department by an insurance agent, insurer, pharmaceutical company, or third-party administrator against a license holder must include the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator filing the complaint.
(d)  The department shall notify the license holder who is the subject of the complaint of the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator who filed the complaint, unless the notice would jeopardize an investigation.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 22, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.005, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter E. Complaint Procedures › Section 202.204. Expert Witness

Sec. 202.204.  EXPERT WITNESS.  (a) In this section, "expert witness" means a podiatrist or other qualified individual with whom the department contracts to assist the department with reviewing, investigating, or prosecuting complaints filed under this chapter.
(b)  The department may contract with an expert witness, including an advisory board member under Section 202.051(a)(1), to assist the department with reviewing, investigating, or prosecuting a complaint filed under this chapter.
(c)  Except for an act by an expert witness involving fraud, conspiracy, or malice, an expert witness is immune from liability and may not be subject to a suit for damages for any act arising from the performance of the expert witness's duties in:
(1)  participating in an informal conference to determine the facts of a complaint;
(2)  evaluating evidence in a complaint and offering an opinion or technical guidance on an alleged violation of this chapter or a rule adopted under this chapter;
(3)  testifying at a hearing regarding a complaint; or
(4)  making an evaluation, report, or recommendation regarding a complaint.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.002, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.251. License Required

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.252. License Application

Sec. 202.252.  LICENSE APPLICATION.  (a)  An application for a license under this chapter must be submitted in the manner and on a form prescribed by the executive director.
(b)  The commission by rule shall establish the information and documentation required to be submitted as part of an application for a license under this chapter, including evidence satisfactory to the commission or department that the applicant:
(1)  is at least 21 years of age;
(2)  has completed at least 90 semester hours of college courses acceptable at the time of completion for credit toward a bachelor's degree at an institution of higher education determined by the department to have acceptable standards;
(3)  is a graduate of a reputable school of podiatry or chiropody; and
(4)  has successfully completed any other course of training reasonably required by commission rule relating to the safe care and treatment of patients.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(22), eff. September 1, 2017.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(22), eff. September 1, 2017.
(e)  All educational attainments or credits for evaluation under this chapter must be completed within the United States.  The department may not accept educational credits attained in a foreign country that are not approved by the department.
(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 department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 23, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(22), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.2525. Criminal History Record Information for License Issuance

Sec. 202.2525.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.  (a)  The department shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the executive director, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The department may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The department shall conduct a criminal history record information check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The department may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 24, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.254. Examination

Sec. 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 department.
(b)  The department shall recognize, prepare, administer, or arrange for the administration of an examination under this chapter.
(c)  The license examination must consist of a written and practical component.  The department shall determine the passing score for the examination using accepted criterion-referenced methods.  The department 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)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(23), eff. September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 26, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(23), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.256. Reexamination

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.257. Issuance of License

Sec. 202.257.  ISSUANCE OF LICENSE.  The department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 27, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.258. Refusal of Admittance to Examination

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.259. Temporary License

Sec. 202.259.  TEMPORARY LICENSE.  (a)  The commission 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 28, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.260. Provisional License

Sec. 202.260.  PROVISIONAL LICENSE.  (a)  On application, the department 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 department 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 department may excuse an applicant for a provisional license from the requirement of Subsection (a)(3) if the department determines that compliance with that subdivision constitutes a hardship to the applicant.
(c)  A provisional license is valid until the date the department approves or denies the provisional license holder's application for a license.  Except as provided by Subsection (e), the department 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 department 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 department 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 department may extend that deadline to allow for the receipt of pending examination results.
(e)  A provisional license holder is not required to pass a part of an examination related to the testing of clinical skills that an applicant for an original license under this chapter with substantially equivalent experience is not required to pass.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 14, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.261. Limited License for Podiatry Faculty Members

Sec. 202.261.  LIMITED LICENSE FOR PODIATRY FACULTY MEMBERS.  (a)  The department 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 department 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 department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 30, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter F. License Requirements › Section 202.262. Display of License

Sec. 202.262.  DISPLAY OF LICENSE.  (a)  A person licensed under this chapter must conspicuously display both the license and an unexpired renewal certificate at the location where the person practices.
(b)  The person shall exhibit the license and renewal certificate to a department representative on the representative's official request for examination or inspection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 31, eff. September 1, 2017.
Sec. 202.263.  ISSUANCE OF DUPLICATE OR AMENDED LICENSE.  (a)  If a license issued by the department is lost, destroyed, or stolen from the person to whom it was issued, the license holder shall report the fact to the department and include detailed information as to the loss, destruction, or theft, giving dates, place, and circumstances.
(b)  A license holder may apply to the department 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 department shall issue a duplicate or amended license on application by a license holder and payment of a fee set by the commission for the duplicate or amended license.  The department 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 department'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 department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 32, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter G. License Renewal › Section 202.3015. Term and Renewal

Sec. 202.3015.  TERM AND RENEWAL.  (a)  A license issued under this chapter is valid for one or two years as determined by commission rule.
(b)  The commission by rule shall establish the requirements for renewing a license and issuing a renewal certificate under this chapter, including payment of applicable fees.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 33, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter G. License Renewal › Section 202.3025. Criminal History Record Information Requirement for License Renewal

Sec. 202.3025.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.  (a)  An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 202.2525.
(b)  The department may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the license holder has previously submitted fingerprints under:
(1)  Section 202.2525 for the initial issuance of the license; or
(2)  this section as part of a prior license renewal.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 34, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter G. License Renewal › Section 202.303. Practice Without Renewing License

Sec. 202.303.  PRACTICE WITHOUT RENEWING LICENSE.  A person who practices podiatry with an expired renewal certificate 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 35, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter G. License Renewal › Section 202.304. Renewal After Military Service

Sec. 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 most recently issued 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 department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 36, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter H. Practice by License Holder › Section 202.351. Podiatry Services for Certain Health Organizations

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter H. Practice by License Holder › Section 202.352. Approval of Names Under Which Podiatrist May Practice

Sec. 202.352.  APPROVAL OF NAMES UNDER WHICH PODIATRIST MAY PRACTICE.  (a)  The commission 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 commission may also establish procedures to review and make determinations approving or disapproving a specific name submitted to the department by one or more podiatrists desiring to practice under a particular name.
(b)  The authority granted to the commission and department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 38, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 39, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter H. Practice by License Holder › Section 202.354. Delegation of Certain Acts

Sec. 202.354.  DELEGATION OF CERTAIN ACTS.  (a)  A podiatrist may delegate to a qualified and properly trained podiatric medical assistant acting under the podiatrist's supervision any podiatric medical act that a reasonable and prudent podiatrist would find within the scope of sound medical judgment to delegate if:
(1)  in the opinion of the delegating podiatrist, the medical act:
(A)  can be properly and safely performed by the podiatric medical assistant to whom the podiatric medical act is delegated; and
(B)  is performed in a customary manner and not in violation of any other statute; and
(2)  the podiatric medical assistant to whom the podiatric medical act is delegated does not represent to the public that the medical assistant is authorized to practice podiatry.
(b)  A delegating podiatrist is responsible for a podiatric medical act performed by the podiatric medical assistant to whom the podiatrist delegates the act.
(c)  The department may determine whether:
(1)  an act constitutes the practice of podiatric medicine; and
(2)  a podiatric medical act may be properly or safely delegated by podiatrists.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.004, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter I. Privilege and Confidentiality Requirements › Section 202.401. Definitions

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter I. Privilege and Confidentiality Requirements › Section 202.402. Scope of Privilege

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter I. Privilege and Confidentiality Requirements › Section 202.403. Claim of Privilege

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter I. Privilege and Confidentiality Requirements › Section 202.405. Other Exceptions to Privilege and Confidentiality Requirements

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter I. Privilege and Confidentiality Requirements › Section 202.406. Consent for Release of Confidential Information

Sec. 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)  Title 3, Estates 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.054, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter I. Privilege and Confidentiality Requirements › Section 202.407. Disclosure of Released Information

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.451. Definitions

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.452. Disclosure of Communications Made to Peer Review Committee

Sec. 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 department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 42, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.453. Information Provided to Affected Podiatrist

Sec. 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 commission or executive director 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 43, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.454. Confidentiality Requirements

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.455. Privilege of Confidentiality; Waiver

Sec. 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 department does not constitute a waiver of the confidentiality privilege associated with a podiatric peer review committee proceeding.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 44, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.456. Immunity

Sec. 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 department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 45, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter J. Peer Review › Section 202.457. Claims for Defense Costs

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter K. Disciplinary Actions and Procedures › Section 202.501. Disciplinary Powers; Administrative Procedure

Sec. 202.501.  DISCIPLINARY POWERS; ADMINISTRATIVE PROCEDURE.  (a)  The commission or executive director 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 commission under this chapter.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(28), eff. September 1, 2017.
(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 commission or executive director may appeal the action to a district court in Travis County.  The decision of the commission or the executive director may not be enjoined or stayed except on application to the district court after notice to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 46, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 47, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(28), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter K. Disciplinary Actions and Procedures › Section 202.5015. Certain Conduct Constituting Chapter Violation

Sec. 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. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter K. Disciplinary Actions and Procedures › Section 202.502. Revocation and Suspension of License for Drug-Related Felony Conviction

Sec. 202.502.  REVOCATION AND SUSPENSION OF LICENSE FOR DRUG-RELATED FELONY CONVICTION.  (a)  The commission or executive director shall suspend a person's license after an administrative hearing conducted in accordance with Chapter 2001, Government Code, in which the commission or executive director 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 commission or executive director shall revoke the person's license.
(c)  The department 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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 48, eff. September 1, 2017.