reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  shall meet the continuing education requirements of the certifying entity,
				  including the continuing education requirements for the Board Certified
				  Behavior Analyst, Board Certified Behavior Analyst-Doctoral, or Board Certified
				  Assistant Behavior Analyst, as applicable, to become qualified to apply for a
				  behavior analysis license.
(b)
				  License holders shall comply with the continuing education requirements imposed
				  by the certifying entity.
(c)
				  License holders shall verify completion of continuing education requirements
				  upon request.
(d) Licenses will be
				  renewed only if continuing education requirements have been met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.26 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  behavior analyst and assistant behavior analyst license is valid for two years
				  from the date of issuance and may be renewed biennially.
(b) A license holder is responsible for
				  submitting all required documentation and information and paying the renewal
				  application fee before the expiration date of the license.
(c) To renew a license, a license holder
				  must:
(1) submit a completed renewal
				  application in a manner prescribed by the department;
(2) provide a current certification number
				  from the BACB or evidence of certification by a certifying entity approved by
				  the department;
(3) successfully
				  pass a criminal history background check; and
(4) submit the fee required under
				  §121.85.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.27 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) To change a
				  license to inactive status, an applicant must submit a complete application in
				  a manner prescribed by the department. No fee is required to change from active
				  status to inactive status.
(b) A
				  person whose license is on inactive status may not:
(1) practice applied behavior
				  analysis;
(2) engage in any
				  activity for which a license is required;
(3) participate in a supervision relationship
				  with another license holder or unlicensed person; or
(4) engage in any activity for which the
				  person is required to be actively licensed for the interests of another person
				  also engaged in that activity with the license holder.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person's certification status by a certifying entity does not affect the
				  applicability of the Act to that person's activities under §§506.051
				  - 506.059 of the Act.
(b) A person
				  who is no longer eligible for an exemption under §§506.051 - 506.059
				  of the Act must become certified by a certifying entity approved by the
				  department and obtain a license under this chapter to continue to provide
				  services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter C - BEHAVIOR ANALYST ADVISORY BOARD › Section 121.65 - Membership

Current through Reg. 49, No. 28; July 12, 2024
(a) The Behavior Analyst Advisory Board shall
				  be appointed under and governed by the Act and this subchapter. The advisory
				  board is established under the authority of Occupations Code, §
										506.101.
(b) The advisory board shall be composed of
				  nine members appointed by the presiding officer of the commission with the
				  approval of the commission. The composition of the advisory board shall
				  include:
(1) four licensed behavior analysts,
				  at least one of whom must be certified as a Board Certified Behavior
				  Analyst--Doctoral or hold an equivalent certification issued by the certifying
				  entity;
(2) one licensed assistant
				  behavior analyst;
(3) one physician
				  who has experience providing mental health or behavioral health services;
				  and
(4) three members who represent
				  the public and who are either former recipients of applied behavior analysis
				  services or the parent or guardian of a current or former recipient of applied
				  behavior analysis services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter C - BEHAVIOR ANALYST ADVISORY BOARD › Section 121.66 - Duties

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
					 to the department on technical matters relevant to the administration of the
					 Act and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter C - BEHAVIOR ANALYST ADVISORY BOARD › Section 121.67 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The term of office of each member of the advisory board shall be six years.
				  Members shall serve after expiration of their term until a replacement is
				  appointed.
(b) A member of the
				  advisory board may be removed from the advisory board pursuant to Texas
				  Occupations Code §
										RSA
				  51.209, Advisory Boards; Removal of Advisory
				  Board Member.
(c) Grounds for
				  removal include any action by the certifying entity that suspends or terminates
				  the certification of the member; the expiration of the member's certification;
				  the change of the certification from active to inactive status; or the
				  voluntary surrender of certification by the member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter C - BEHAVIOR ANALYST ADVISORY BOARD › Section 121.68 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The presiding officer of the commission shall designate a member of the
				  advisory board as the presiding officer of the advisory board to serve for a
				  term of one year.
(b) The presiding
				  officer of the advisory board shall preside at all advisory board meetings at
				  which he or she is in attendance. The presiding officer of the advisory board
				  may vote on any matter before the advisory board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter C - BEHAVIOR ANALYST ADVISORY BOARD › Section 121.69 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  quorum of the advisory board is necessary to conduct official business. A
				  quorum is five members.
(b)
				  Advisory board action shall require a majority vote of those members present
				  and voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter D - RESPONSIBILITIES OF LICENSE HOLDER › Section 121.70 - Administrative Practice Responsibilities of License Holders

Current through Reg. 49, No. 28; July 12, 2024
(a) Licenses
				  issued by the department remain the property of the department and shall be
				  surrendered to the department on demand.
(b) A license holder shall:
(1) inform the department of any violations
				  of this chapter or the Act;
(2)
				  promptly provide upon request any documents or information that satisfactorily
				  demonstrates to the department the license holder's qualifications for
				  certification by the certifying entity or for licensure by the
				  department;
(3) report, in
				  accordance with §121.74, to the department any fact that may affect a
				  license holder's qualifications to hold a certification or license;
(4) truthfully respond in a manner that fully
				  discloses all information in an honest, materially responsive and timely manner
				  to a complaint filed with or by the department;
(5) not interfere with a department
				  investigation or disciplinary proceeding in any way, including by
				  misrepresentation or omission of facts to the department or using threats or
				  harassment against any person;
(6)
				  comply with any order issued by the commission or the executive director that
				  relates to the license holder;
(7)
				  promptly provide upon request documents, including treatment plans or service
				  agreements, to demonstrate compliance with the Act, this chapter, or an order
				  of the commission;
(8) comply with
				  applicable professional and ethical standards and requirements including those
				  of the license holder's certifying entity when creating a written agreement for
				  services;
(9) upon revision or
				  amendment of a written agreement for services, obtain the signatures of all
				  parties;
(10) not delegate any
				  services, functions, or responsibilities requiring professional competence to a
				  person not competent or not properly credentialed. A license holder in private
				  practice is responsible for the services provided by unlicensed persons
				  employed or contracted by the license holder; and
(11) use electronic methods to create, amend,
				  or sign documents, and accept signatures of clients on documents related to the
				  provision of behavior analysis services, only in accordance with applicable
				  law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter D - RESPONSIBILITIES OF LICENSE HOLDER › Section 121.71 - Professional Services Practice Responsibilities of License Holders

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder shall:
(1) enter into a service
				  agreement with a client, as defined in §121.10, when behavior analysis
				  services are to be provided;
(A) A behavior
				  analyst shall describe the services to be delivered in a service agreement that
				  may include the following activities: consultation, assessment, training,
				  treatment design, treatment implementation, and treatment evaluation.
(B) A behavior analyst shall create a written
				  treatment plan when the service agreement provides for delivering treatment to
				  an individual.
(C) A treatment plan
				  is not required if a license holder will not deliver treatment to an
				  individual.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter D - RESPONSIBILITIES OF LICENSE HOLDER › Section 121.72 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  license holder shall display the current original license certificate issued by
				  the department in the primary location of practice, if any, or in the license
				  holder's business office.
(b) In
				  the absence of a primary location of practice or business office, or when the
				  license holder is employed in multiple locations, the license holder shall
				  carry a current license identification card issued by the department.
(c) A license holder shall not:
(1) display a photocopy or other reproduction
				  of a license certificate or identification card; or
(2) alter a license certificate or
				  identification card.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter D - RESPONSIBILITIES OF LICENSE HOLDER › Section 121.73 - Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder shall maintain legible
				  and accurate records of behavior analysis services rendered.
(1) Records are the responsibility and
				  property of the entity or individual who owns the practice or the practice
				  setting.
(2) A license holder shall
				  comply with all laws, rules, and certifying entity requirements governing the
				  maintenance of client records, including client confidentiality requirements,
				  regardless of the state where the records of any client within this state are
				  maintained.
(3) Records created as
				  a result of treatment in a school setting shall be maintained as part of the
				  student's permanent school record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter D - RESPONSIBILITIES OF LICENSE HOLDER › Section 121.74 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  license holder shall report the following in a manner prescribed by the
				  department within ten days:
(1) Surrender,
				  voluntary termination, or expiration of the license holder's
				  certification;
(2) Commencement of
				  inactive status of the license holder's certification;
(3) Limitation on or termination of the
				  license holder's certification;
(4)
				  Suspension, probation, reprimand, or any other discipline or revocation of the
				  license holder's certification;
(5)
				  A violation by the license holder of the certifying entity's requirements, the
				  Act, this chapter, or an order of the commission;
(6) The license holder's placement on
				  deferred adjudication or criminal conviction, other than a Class C misdemeanor
				  traffic offense;
(7) The settlement
				  of or judgment rendered in a civil lawsuit filed against the license holder
				  relating to the license holder's professional behavior analysis practice;
				  or
(8) An action against the
				  license holder by a governmental agency or by a licensing or certification
				  body.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter D - RESPONSIBILITIES OF LICENSE HOLDER › Section 121.75 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals
				  certified by the BACB are required to comply with the BACB Ethics Code for
				  Behavior Analysts.
(1) The department may
				  consult the requirements of the certifying entity or the BACB Ethics Code for
				  Behavior Analysts in the application and enforcement of the ethical standards
				  included in this section.
(2) The
				  department will apply the requirements of this section consistent with the
				  requirements, guidance, and interpretations of the certifying entity unless an
				  alternate interpretation is reasonably necessary or required.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter E - TELEHEALTH › Section 121.76 - Definitions Relating to Telehealth

Current through Reg. 49, No. 28; July 12, 2024
Unless the context clearly indicates otherwise, the
					 following words and terms, when used in this subchapter, shall have the
					 following meanings.
(1) Client
				  site--The physical location of the client at the time that telehealth services
				  are being provided.
(2)
				  Facilitator--An individual physically present with a client who assists with
				  the delivery of behavior analysis services through telehealth at the direction
				  of a behavior analyst or assistant behavior analyst.
(3) Provider--An individual who provides
				  telehealth services and holds a current:
(A)
				  behavior analyst license under Texas Occupations Code §
											506.253 and §
											506.255;
				  or
(B) assistant behavior analyst
				  license under Texas Occupations Code §§
											506.254 -
				  §506.255.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter E - TELEHEALTH › Section 121.77 - Service Delivery Models

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Telehealth services may be delivered in a variety of ways, including, but not
				  limited to:
(1) the store-and-forward
				  model/electronic transmission which is an asynchronous electronic transmission
				  of stored clinical data from one location to another;
(2) the clinician interactive model which is
				  a synchronous, real-time interaction between the provider and client that may
				  occur via telecommunication links; and
(3) the self-monitoring/testing model which
				  occurs when the client receiving the services provides data to the provider
				  without a facilitator present at the site of the client.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter E - TELEHEALTH › Section 121.78 - Technology and Equipment Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider shall use only
				  telecommunications technology, as defined in this subchapter, to provide
				  telehealth services. Modes of communication that do not utilize such
				  telecommunications technology, including analog telephone, mail, email, or
				  facsimile may be used only as adjuncts.
(b) A provider shall utilize
				  telecommunications technology and other equipment only if:
(1) the provider is competent to use the
				  equipment as part of the provider's telehealth services;
(2) the telecommunications technology and
				  equipment located at the client site and at the provider site are:
(A) appropriate to the telehealth services to
				  be provided and in good working order; and
(B) are of sufficient quality to allow the
				  provider to deliver equivalent service and quality to the client as if those
				  services were provided in person at the same physical location.
(3) the provider is able to see
				  and hear the client and the facilitator, if used, via telecommunications
				  technology in synchronous, real-time interactions, even when receiving or
				  sending data and other telecommunication transmissions, when providing
				  telehealth services; and
(4) the
				  quality of electronic transmissions shall be adequate for the provision of an
				  individualized client's telehealth service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter E - TELEHEALTH › Section 121.79 - License Holder Responsibilities for Providing Telehealth Services and Using Telehealth

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability.
(1) Except where noted, this
				  subchapter applies to behavior analysts and assistant behavior analysts, as
				  authorized under this subchapter.
(2) Except to the extent it imposes
				  additional or more stringent requirements, this subchapter does not affect the
				  applicability of any other requirement or provision of law to which an
				  individual is otherwise subject under this chapter or other
				  law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter E - TELEHEALTH › Section 121.80 - Use of Facilitators with Telehealth

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the requirements and
				  limitations of this subchapter, a provider may utilize a facilitator at the
				  client site to assist the provider in rendering telehealth services.
(b) A provider shall document whether a
				  facilitator is used in providing telehealth services. If a facilitator is used,
				  the provider shall document the tasks in which the facilitator provided
				  assistance.
(c) Before allowing a
				  facilitator to assist the provider in providing telehealth services, the
				  provider shall ascertain and document the facilitator's qualifications,
				  training, and competence, as appropriate and reasonable, in:
(1) each task the provider directs the
				  facilitator to perform at the client site; and
(2) the methodology and equipment the
				  facilitator is to use at the client site.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter E - TELEHEALTH › Section 121.81 - Client Contacts and Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider shall notify a client, a
				  client's authorized representative, or multi-disciplinary team, as appropriate,
				  of the conditions of telehealth services, including, but not limited to, the
				  right to refuse or discontinue telehealth services, options for service
				  delivery, differences between in-person and remote service delivery methods,
				  and instructions for filing and resolving complaints.
(b) A provider shall obtain client consent
				  before services may be provided through telehealth. If a client previously
				  consented to in-person services, a provider shall obtain updated consent to
				  include telehealth services.
(c)
				  The initial contact between a provider and client may be at the same physical
				  location or through telehealth, as determined appropriate by the
				  provider.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter F - FEES › Section 121.85 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees
				  paid to the department are nonrefundable.
(b) Licensing fees are as follows:
(1) application and initial license, behavior
				  analyst--$165
(2) application and
				  initial license, assistant behavior analyst--$110
(3) renewal, behavior analyst--$165
(4) renewal, assistant behavior
				  analyst--$110
(5) change, active
				  status to inactive status--$0
(6)
				  change, inactive status to active status--$25
(7) renewal of license on inactive
				  status--renewal fees as stated in paragraphs (3) and (4)
(8) license duplicate or
				  replacement--$25
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter G - ENFORCEMENT › Section 121.90 - Basis for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is authorized under Texas
				  Occupations Code, Chapters 51 and 506.
(1) If
				  a person violates any provision of Texas Occupations Code, Chapters 51, 111,
				  506, or any other applicable provision, this chapter, or a rule or order of the
				  executive director or commission, proceedings may be instituted to impose
				  administrative penalties, administrative sanctions, or both in accordance with
				  the provisions of the Texas Occupations Code and the associated
				  rules.
(2) The enforcement
				  authority granted under Texas Occupations Code, Chapters 51 and 506, and any
				  associated rules may be used to enforce the Texas Occupations Code and this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter G - ENFORCEMENT › Section 121.95 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department shall list, with its business telephone number, a toll-free
				  telephone number established to accept complaints relating to a health
				  profession regulated by the department.
(b) A license holder shall notify each client
				  or a minor client's authorized representative of the name, mailing address,
				  email address, telephone number, and website of the department for the purpose
				  of directing complaints to the department. A license holder shall display this
				  notification:
(1) on a sign prominently
				  displayed in the primary location of practice of each license holder, if any;
				  and
(2) on written documents
				  including a written contract, a bill for service, or information brochure
				  provided by the license holder to a client or third party.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 130.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the
					 Texas Occupations Code, Chapters 51 and 202.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 130.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Act--The Podiatric
				  Medical Practice Act of Texas, Texas Occupations Code, Chapter 202.
(2) Advisory Board--The Podiatric Medical
				  Examiners Advisory Board, Texas Occupations Code, Chapter 202.
(3) Commission--The Texas Commission on
				  Licensing and Regulation.
(4)
				  Continuing Medical Education (CME)-- Educational activities which serve to
				  maintain, develop, or increase the knowledge, skills, and professional
				  performance and relationships that a practitioner uses to provide services for
				  patients, the public, or the profession.
(5) Department--The Texas Department of
				  Licensing and Regulation.
(6)
				  Executive Director--The executive director of the department.
(7) Graduate Podiatric Medical Education
				  (GPME)--An accredited graduate podiatric medical education or residency
				  training program.
(8)
				  License--Includes a license, registration, certificate, or other authorization
				  issued under the Act.
(9) Medical
				  Records--Any records, reports, notes, charts, x-rays, or statements pertaining
				  to the history, diagnosis, evaluation, treatment or prognosis of the patient
				  including copies of medical records of other health care practitioners
				  contained in the records of the practitioner to whom a request for release of
				  records has been made.
(10)
				  Podiatric Medical Radiological Technician--A person who performs only podiatric
				  procedures under the supervision of a practitioner.
(11) Public Communication--Any written,
				  printed, visual, or oral statement or other communication made or distributed,
				  or intended for distribution, to a member of the public.
(12) Practitioner--A person validly licensed
				  by the department to practice podiatric medicine in the State of
				  Texas.
(13) Publication--Any and
				  all public communications relating to the practitioner's practice, including
				  but not limited to, advertisements, announcements, invitations, press releases,
				  journal articles, periodical articles, leaflets, news stories, materials
				  distributed by private or by United States mail, and signs or placards placed
				  in public view or electronic submission.
(14) Solicitation--A private communication to
				  a person concerning the performance of a podiatric service for such
				  person.
(15)
				  Supervision--Responsibility for the control of quality, radiation safety and
				  protection, and technical aspects of podiatric radiological procedures utilized
				  in podiatric medicine for diagnostic purposes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.20 - Board Membership

Current through Reg. 49, No. 28; July 12, 2024
(a) The Podiatric
				  Medical Examiners Advisory Board consists of nine members appointed by the
				  governor as follows:
(1) six members who are
				  licensed in this state to practice podiatry and have been actively engaged in
				  the practice of podiatry for the five years preceding appointment;
				  and
(2) three members who represent
				  the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.21 - Public Member Eligibility

Current through Reg. 49, No. 28; July 12, 2024
A person is not eligible for appointment as a public member
					 of the advisory 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
				  department or receiving funds from the department;
(3) owns or controls, directly or indirectly,
				  more than a 10 percent interest in a business entity or other organization
				  regulated by the department or receiving funds from the department;
				  or
(4) uses or receives a
				  substantial amount of tangible goods, services, or funds from the department,
				  other than reimbursement authorized by law for advisory board membership,
				  attendance, or expenses.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.22 - Membership and Employee Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(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 assist its
				  members and its industry or profession in dealing with mutual business or
				  professional problems and in promoting their common interest.
(b) A person may not be a member of the
				  advisory board if:
(1) the person is an
				  officer, employee, or paid consultant of a Texas trade association in the field
				  of health care; or
(2) the person's
				  spouse is an officer, manager, or paid consultant of a Texas trade association
				  in the field of health care.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.23 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				  advisory board serve staggered six-year terms, with the term of three members
				  expiring on February 1 of each odd numbered year. At the expiration of the term
				  of each member, the governor shall appoint a successor.
(b) If a vacancy occurs during a term, the
				  governor shall appoint a replacement who meets the qualifications of the
				  vacated position to serve for the remainder of the term.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.24 - Grounds for Removal

Current through Reg. 49, No. 28; July 12, 2024
(a) It is a
				  ground for removal from the advisory board that a member:
(1) does not have at the time of taking
				  office the qualifications required by §202.051 or §202.053 of the
				  Act;
(2) does not maintain during
				  service on the advisory board the qualifications required by §202.051 or
				  §202.053 of the Act;
(3) is
				  ineligible for membership under §202.054 of the Act;
(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 advisory board meetings that the member is
				  eligible to attend during a calendar year unless the absence is excused by a
				  majority vote of the advisory board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.25 - Compensation; Reimbursement of Expenses

Current through Reg. 49, No. 28; July 12, 2024
An advisory board member may not receive compensation but
					 is entitled to reimbursement for actual and necessary expenses incurred in
					 performing the functions of the advisory board, subject to the General
					 Appropriations Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.26 - Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
The governor shall appoint one of the advisory board
					 members to serve as presiding officer of the advisory board at the pleasure of
					 the governor. The presiding officer may vote on any matter before the advisory
					 board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.27 - Advisory Board Meetings and Duties of Department.

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board shall meet at the call
				  of the presiding officer of the commission or the executive director.
(b) The department will present the following
				  documents, including any updates or revisions, to the advisory board for its
				  input and recommendation:
(1) The penalty
				  matrix for podiatry to be included in the department's Enforcement Plan;
				  and
(2) Criminal Conviction
				  Guidelines (Guidelines for Applicants with Criminal Convictions) for
				  podiatry.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.28 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is appointed to and
				  qualifies for office as a member of the advisory board may not vote,
				  deliberate, or be counted as a member in attendance at a meeting of the
				  advisory board until the person completes a training program that complies with
				  this section.
(b) The training
				  program must provide the person with information regarding:
(1) this chapter;
(2) the department's programs, functions, and
				  rules with respect to this chapter;
(3) the results of the most recent formal
				  audit of the department with respect to this chapter;
(4) the scope and limitations on the
				  rulemaking authority of the advisory board;
(5) the types of rules, interpretations, and
				  enforcement actions that may implicate federal Antitrust law by limiting
				  competition or impacting prices charged by persons engaged in a profession or
				  business regulated under this chapter, including rules, interpretations, and
				  enforcement actions that:
(A) regulate the
				  scope of practice of persons in a profession or business regulated under this
				  chapter;
(B) restrict advertising
				  by persons in a profession or business regulated under this chapter;
(C) affect the price of goods or services
				  provided by persons in a profession or business regulated under this chapter;
				  and
(D) restrict participation in a
				  profession or business regulated under this chapter;
(6) the requirements of:
(A) laws relating to open meetings, public
				  information, administrative procedure, and disclosing conflicts of interest;
				  and
(B) other laws applicable to
				  members of the advisory board in performing the members' duties; and
(7) any applicable ethics policies
				  adopted by the commission or the Texas Ethics Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter B - ADVISORY BOARD › Section 130.29 - Duties of Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
					 to the department on technical matters relevant to the administration of this
					 chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter C - TEMPORARY RESIDENCY › Section 130.30 - Temporary Residency License - General Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is enrolled in an accredited
				  graduate podiatric medical education (GPME) program in Texas must hold a
				  temporary residency license.
(b)
				  The GPME program must be accredited by the Council on Podiatric Medical
				  Education of the American Podiatric Medical Association.
(c) An applicant granted a temporary
				  residency license for the purpose of pursuing a GPME program in the State of
				  Texas shall not engage in the practice of podiatric medicine, whether for
				  compensation or free of charge, outside the scope and limits of the GPME
				  program in which the applicant is enrolled.
(d) A temporary residency license granted by
				  the department for the purpose of pursuing a GPME program in the State of Texas
				  is valid until the licensee leaves or is terminated from said GPME
				  program.
(e) All temporary
				  residency licensees shall be subject to the same fees and penalties as all
				  other licensees as set forth in the Act and this chapter, except that temporary
				  residency licensees are not subject to continuing medical education
				  requirements.
(f) To be eligible
				  for a temporary residency license an applicant must:
(1) be at least 21 years of age;
(2) successfully complete at least 90
				  semester hours of undergraduate 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) successfully graduate from a reputable
				  college of podiatry approved by the Council on Podiatric Medical Education of
				  the American Podiatric Medical Association, and the college must have been so
				  approved during the entire period of the applicant's course of instruction;
(4) successfully pass all required
				  sections of the American Podiatric Medical Licensing Examination;
(5) pay all applicable fees;
(6) submit a completed application on a
				  department-approved form;
(7)
				  submit all transcripts of relevant college coursework, acceptable to the
				  department;
(8) successfully pass a
				  criminal history background check performed by the department;
(9) provide proof of successful completion of
				  a course in cardiopulmonary resuscitation (CPR);
(10) complete the "Memorandum of
				  Understanding for Approved Residency Program";
(11) complete the "Certificate of Acceptance
				  for Postgraduate Training Program"; and
(12) successfully pass a National
				  Practitioner Data Bank query check performed by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter C - TEMPORARY RESIDENCY › Section 130.31 - Temporary Residency License - Residency Requirements; Program Responsibilities; License Term

Current through Reg. 49, No. 28; July 12, 2024
(a) All residency
				  programs requesting temporary residency licenses for their enrollees must meet
				  all American Podiatric Medical Association/Council on Podiatric Medical
				  Education (APMA/CPME) requirements for accreditation.
(b) The residency director will be held
				  responsible for the entire program including but not limited to:
(1) ensuring that the temporary residency
				  licensee is practicing within the scope of the residency program
				  requirements;
(2) ensuring that the
				  temporary residency licensee has read and understood the Act and Rules
				  governing the practice of podiatric medicine; and
(3) ensuring that all residency program
				  attendees are properly licensed with the department prior to participation in
				  the program. A temporary residency license to practice podiatric medicine
				  expires on June 30 of each year.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter C - TEMPORARY RESIDENCY › Section 130.32 - Temporary Residency License - Final Year of Residency

Current through Reg. 49, No. 28; July 12, 2024
(a) A holder of a temporary residency license
				  who has entered the final year of an accredited GPME program, who is in good
				  standing with the GPME program, and who is on course to complete the course in
				  a timely manner, may be permitted to apply for the Doctor of Podiatric Medicine
				  license in the spring, provided that the resident has entered and signed the
				  "Memorandum of Understanding for Conditional Issuance of Texas Doctor of
				  Podiatric Medicine License" (MOU).
(b) A holder of a temporary residency license
				  who passes the jurisprudence examination, and who is in compliance with the
				  resident's MOU(s), and who meets all other requirements of the law regarding
				  licensure may be issued a Doctor of Podiatric Medicine license prior to
				  completion of the last year of the residency. The Doctor of Podiatric Medicine
				  license issued under this subsection will be subject to the resident's MOU and
				  to the following conditions and restrictions, in addition to any other
				  provisions in statute and rule applicable to a license to practice podiatry, in
				  general that:
(1) the resident must
				  successfully complete and graduate from the resident's accredited GPME program
				  by the date noted in the resident's MOU with the department, and must submit to
				  the department proof of successful completion and graduation within 30 days
				  after the end date of the residency as noted on the MOU. Failure to timely
				  provide the proof the department requires subjects the Doctor of Podiatric
				  Medicine license to automatic revocation; and
(2) the resident who has received a Doctor of
				  Podiatric Medicine license prior to successful completion and graduation from
				  an accredited GPME program, and for such period of time while still a resident,
				  shall practice podiatry only under the temporary residency license, and subject
				  to the scope and limits of the GPME program, and shall not practice podiatry
				  under the Doctor of Podiatric Medicine license until after successful
				  completion and graduation from the GPME program and after providing to the
				  department proof of such completion and graduation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter C - TEMPORARY RESIDENCY › Section 130.33 - Temporary Residency License - Extensions

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may grant the
				  holder of a current temporary residency license an extension for good cause.
				  Good cause may include but is not limited to:
(1) illness of the holder or a family member
				  for whom the holder is directly or indirectly responsible;
(2) a verifiable family emergency;
				  or
(3) an additional residency
				  training issue.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter D - DOCTOR OF PODIATRIC MEDICINE › Section 130.40 - Doctor of Podiatric Medicine License - General Requirements and Application; Limited Faculty License

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for a license to practice podiatry in this state must:
(1) be at least 21 years of age;
(2) successfully complete at least 90
				  semester hours of undergraduate 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) successfully graduate from a reputable
				  college of podiatry approved by the Council on Podiatric Medical Education of
				  the American Podiatric Medical Association, and the college must have been so
				  approved during the entire period of the applicant's course of
				  instruction;
(4) successfully pass
				  all required sections of the American Podiatric Medical Licensing
				  Examination;
(5) successfully pass
				  the jurisprudence examination, except as provided in subsection (b);
(6) successfully complete at least one year
				  of GPME in a program approved by the Council on Podiatric Medical Education of
				  the American Podiatric Medical Association with a hospital, clinic, or
				  institution acceptable to the department (successful completion means the GPME
				  program which was actually begun/matriculated is completed; the applicant must
				  have successfully completed the entire program; partial program attendance is
				  not acceptable);
(7) pay all
				  applicable fees;
(8) submit a
				  completed application on a department-approved form;
(9) submit all transcripts of relevant
				  college coursework, acceptable to the department;
(10) successfully pass a criminal history
				  background check performed by the department;
(11) provide proof of successful completion
				  of a course in cardiopulmonary resuscitation (CPR); and
(12) successfully pass a National
				  Practitioner Data Bank query check performed by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter D - DOCTOR OF PODIATRIC MEDICINE › Section 130.41 - Doctor of Podiatric Medicine License - Jurisprudence Exam

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants shall be provided detailed
				  information about the examination process prior to exam
				  administration.
(b) Applicants
				  shall follow the security procedures required for administration of the exam at
				  each testing facility.
(c) A
				  license shall not be issued to any person who has been detected in a deceptive,
				  dishonest or fraudulent act while taking an examination required by the
				  department.
(d) The passing score
				  for the examination shall be determined by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter D - DOCTOR OF PODIATRIC MEDICINE › Section 130.42 - Doctor of Podiatric Medicine License - Term; Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A Doctor of Podiatric Medicine license is
				  valid for two years.
(b) To renew a
				  Doctor of Podiatric Medicine license the licensee must:
(1) submit a department-approved renewal
				  application;
(2) complete all
				  required continuing medical education hours as required by §130.44;
				  and
(3) pay the required
				  fee.