reglab/statecodes huggingface dataset:
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 130.43 - Doctor of Podiatric Medicine License - Provisional License

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a provisional license
				  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
				  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);
(6) be licensed in good standing as a
				  podiatric physician in another state, the District of Columbia, or a territory
				  of the United States that has licensing requirements that are substantially
				  equivalent to the requirements of the Act, subsequent amendments, and
				  rules;
(7) furnish proof of such
				  licensure to the department;
(8)
				  not have been revoked or suspended in any jurisdiction;
(9) successfully pass the jurisprudence
				  exam;
(10) pay all applicable
				  fees;
(11) submit a completed
				  application on a department-approved form;
(12) submit all transcripts of relevant
				  college coursework, acceptable to the department;
(13) successfully pass a criminal history
				  background check performed by the department;
(14) provide proof of successful completion
				  of a course in cardiopulmonary resuscitation (CPR); and
(15) 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 130.45 - Continuing Medical Education - Exceptions and Allowances; Approval of Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) Delinquency for
				  continuing education may be allowed in cases of hardship as determined on an
				  individual basis by the executive director. In cases of such hardships, hours
				  of delinquency must be current at the end of a three-year period.
(b) Any practitioner not actively practicing
				  podiatric medicine shall be exempt from these requirements; however, upon
				  resuming practice of podiatric medicine, that person shall fulfill the
				  requirements of the preceding year from the effective date prior to the
				  resumption of practice.
(c) Any
				  program approved by the Council on Podiatric Medical Education of the American
				  Podiatric Medical Association is acceptable to the department.
(d) Hours obtained in Colleges or
				  Universities while working on a degreed or non-degreed program or an approved
				  residency program by the Council on Podiatric Medical Education and providing
				  these courses shall be of a medical nature, shall be considered as having
				  fulfilled the requirements of continuing education hours for the fiscal
				  year.
(e) Hours of continuing
				  education submitted to the department for approval, must be certified by the
				  Continuing Education Director of the institution or organization from which the
				  hours were obtained, that he/she was in actual attendance for the specified
				  period.
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 130.46 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				  place a license on inactive status by applying for inactive status on a form
				  prescribed by the department.
(b) A
				  holder of a license that is on inactive status may not practice podiatric
				  medicine in this state. The practice of podiatric medicine by a holder of a
				  license that is on inactive status constitutes the practice of podiatric
				  medicine without a license.
(c) To
				  change from an inactive status to an active license, an applicant must:
(1) submit a completed application on a
				  department-approved form;
(2) pay
				  the required fee; and
(3) complete
				  the CME that is required for the renewal of an active license during the
				  preceding license period. CME hours used to satisfy the requirement for
				  changing from an inactive license status to an active license status may not
				  also be utilized for a future renewal of an active license.
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 130.47 - Hyperbaric Oxygen Certificate - Application Requirements and Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) A practitioner may apply, on a
				  department-approved form and pay the required fee, for a certificate to
				  supervise and administer hyperbaric oxygen following the published
				  recommendations of the Undersea and Hyperbaric Medical Society, Inc. (UHMS) and
				  within the credentials and bylaws of the hospital that operates the hyperbaric
				  unit with the following stipulations:
(1) A
				  practitioner practicing hyperbaric oxygen must do so in a hospital
				  setting.
(2) The practitioner must,
				  in addition, show evidence of attendance and successful completion of a
				  hyperbaric medicine team training course that is recognized by the Undersea and
				  Hyperbaric Medical Society. That person may only utilize hyperbaric oxygen in
				  the treatment of the foot as recognized by the Podiatric Medical Practice
				  Act.
(3) Prior to administering
				  hyperbaric oxygen, a practitioner must have on file with the department
				  documentation certifying compliance with the above requirements.
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 130.48 - Nitrous Oxide/Oxygen Inhalation Conscious Sedation - Registration Requirements, Guidelines, and Direct Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purpose of this section,
				  conscious sedation means the production, by pharmacological or
				  non-pharmacological methods, or a combination thereof, of an altered level of
				  consciousness in a patient.
(b)
				  Conscious sedation of a patient by nitrous oxide is the administration by
				  inhalation of a combination of nitrous oxide and oxygen producing a minimally
				  depressed level of consciousness while retaining the patient's ability to
				  maintain a patent airway independently and continuously, and to respond
				  appropriately to physical stimulation and verbal command.
(c) Conscious sedation of a patient by
				  nitrous oxide shall be induced, maintained, and continuously supervised only by
				  the podiatric physician or by the assistant under continuous direct supervision
				  of the practitioner. The nitrous oxide shall not be flowing if the practitioner
				  is not present in the room.
(d) To
				  use nitrous oxide/oxygen inhalation conscious sedation on a patient for
				  podiatric medical purpose in the State of Texas, the practitioner must first
				  register with the department and provide the following:
(1) proof that the practitioner has completed
				  a didactic and clinical course which includes aspects of monitoring patients
				  and the hands-on use of the gas machine. The didactic and clinical course must:
(A) be directed by a licensed and certified
				  M.D., D.O., D.D.S., or D.P.M., in the State of Texas with advanced educational
				  and clinical experience with routine administration of nitrous oxide/oxygen
				  inhalation conscious sedation;
(B)
				  include a minimum of four (4) hours didactic work in pharmacodynamics of
				  nitrous oxide/oxygen inhalation conscious sedation; and
(C) include a minimum of six (6) hours of
				  clinical experience under personal supervision; and
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 130.49 - Voluntary Charity Care Status

Current through Reg. 49, No. 28; July 12, 2024
(a) As used in
				  this section:
(1) "Voluntary charity care"
				  means medical care provided for no compensation to:
(A) indigent populations;
(B) in medically underserved areas; or
(C) for a disaster relief
				  organization.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.50 - Practitioner Identification; Professional Corporations or Associations

Current through Reg. 49, No. 28; July 12, 2024
(a) A practitioner shall use the following
				  professional identifiers in any publication related to the practice of
				  podiatric medicine: Doctor of Podiatric Medicine, D.P.M., Podiatrist, Podiatric
				  Physician.
(b) Practitioners shall
				  include one of the following designations to describe his or her practice in
				  all publications related to the practice of podiatric medicine: Foot Surgeon,
				  Podiatric Surgeon, Foot Specialist, Doctor and Surgeon of the Foot, Injuries
				  and Diseases of the Foot, Podiatric Physician.
(c) The purpose of this section and of so
				  limiting the professional designations of a practitioner and the practitioner's
				  practice business is to ensure that the public and all prospective patients are
				  reasonably informed of the distinction between a podiatrist and other medical
				  practitioners as is reflected by the difference in training and licensing and
				  the scope of practice.
(d) A
				  practitioner shall not use a trade name or assumed name to identify his
				  practice, except as authorized in this section.
(e) A practitioner must provide the
				  department with the practitioner's practice name, corporate name, trade name or
				  assumed name to identify an individual practice, or a group of podiatric
				  physicians with which he/she is practicing and the address, and notify the
				  department of any changes.
(f) The
				  name of a professional corporation created for the practice of podiatric
				  medicine shall include one of the following suffices:
(1) (Name), A Professional
				  Corporation;
(2) (Name), A Prof.
				  Corp.;
(3) (Name), P.C.;
(4) (Name), Incorporated;
(5) (Name), Inc.;
(6) (Name), Professional
				  Association;
(7) (Name),
				  P.A.;
(8) (Name),
				  P.L.L.P.;
(9) (Name), Professional
				  Limited Liability Partnership;
(10)
				  (Name), P.L.L.C.;
(11) (Name),
				  Professional Limited Liability Company;
(12) (Name), L.L.C.;
(13) (Name), Limited Liability
				  Company;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.51 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) A practitioner may advertise. A
				  practitioner shall not use or participate in the use of any publication,
				  including advertisements, news stories, press releases, and periodical
				  articles, that contains a false, misleading, or deceptive statement.
(b) A practitioner may not include any of the
				  following types of statements in any advertisements or press releases:
(1) a misrepresentation of fact, or claims as
				  fact something that has not been generally accepted among the podiatric
				  community or by the department as having been proven or established as
				  fact;
(2) a statement that is
				  likely to mislead or deceive or entice or persuade a reasonable person because
				  it fails to make full disclosure of relevant facts whether regarding fees,
				  modes of treatment, conditions or techniques of surgery, post-operative
				  conditions such as degree of pain, length of time of recovery, mobility and
				  strength during recovery, and the like;
(3) a statement that is intended or likely to
				  create in an ordinary reasonable person false or unjustified expectations of
				  favorable results;
(4) a laudatory
				  statement, or other statement or implication that the practitioner's services
				  are of exceptional quality;
(5) a
				  statistical data or information that reflects or is intended to reflect quality
				  or degree of success of past performance, or prediction of future
				  success;
(6) a representation that
				  podiatric services can or will be completely performed for a stated fee amount
				  when this is not the case, or makes representations with respect to fees that
				  do not disclose all variables affecting the fees, or makes representations that
				  might reasonable cause an ordinary prudent person to misunderstand or be
				  deceived about the fee amount;
(7)
				  a representation that health care insurance deductibles or co-payments may be
				  waived or are not applicable to health care services to be provided if the
				  deductibles or co-payments are required; or
(8) a representation that the benefits of a
				  health benefit plan will be accepted as full payment when deductibles or
				  co-payments are required.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.52 - Medical Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) All podiatric
				  medical offices shall contain the minimum amount of treatment equipment and
				  facilities so that the podiatric physician may provide his usual and customary
				  podiatric medical services.
(b) The
				  office must be adequately staffed and equipped to ensure that treatment is
				  timely and properly administered.
(c) It shall be the responsibility of each
				  practitioner to ensure that any change of address or phone number(s) for each
				  practitioner's location(s) are reported to the department no later than ten
				  (10) business days after the change is made.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.53 - Podiatric Medical Radiological Technicians

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to persons
				  certified by the Texas Medical Board under the Medical Radiologic Technologist
				  Certification Act who are Non-Certified Technicians (NCTs), Certified Medical
				  Radiologic Technologists (MRTs) or Limited Medical Radiologic Technologists
				  (LMRTs).
(b) It is the
				  practitioner's responsibility to ensure that all individuals wishing to perform
				  podiatric radiological procedures are properly trained and apply for
				  registration with the department as a podiatric medical radiological
				  technician.
(c) Podiatric equipment
				  training course providers, and standards for curricula and instructors must be
				  approved by the department.
(d)
				  Podiatric medical radiological technician applicants must:
(1) be 18 years of age or older;
(2) successfully complete the following 20
				  hours of clinical and didactic training requirements and provide proof of
				  completion to the department:
(A) 5 class
				  hours and 5 out of class hours of radiation safety and protection for the
				  patient, self, and others;
(B) 1
				  class and 2 out of class hours of radiographic equipment used in podiatric
				  medicine, including safety standards, operation, and maintenance;
(C) 1 class and 4 out of class hours in
				  podiatric radiologic procedures, imaging production and evaluation;
				  and
(D) 1 class and 1 out of class
				  hour in methods of patient care and management essential to radiologic
				  procedures, excluding CPR, BCLS, ACLS and similar subjects;
				  and
(3) submit a
				  department-approved application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.56 - General Authority to Delegate

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  practitioner may delegate to a qualified and properly trained podiatric medical
				  assistant acting under the podiatrist's appropriate 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 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 its customary manner and not in violation of any other statute;
				  and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.57 - Sexual Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Sexual
				  misconduct is behavior that exploits the physician-patient or physician-staff
				  member relationship in a sexual way. This behavior is non-diagnostic and
				  non-therapeutic, may be verbal or physical, and may include expressions of
				  thoughts and feelings or gestures that are sexual or that reasonably may be
				  construed by a person as sexual.
(b) Sexual misconduct may be the basis for
				  disciplinary action if the behavior was injurious or there is an exploitation
				  of the physician-patient or physician-staff member relationship.
(c) Sexual violation may include
				  physician-patient or physician-staff member sex, whether or not initiated by
				  the patient/staff, and engaging in any conduct with a patient/staff that is
				  sexual or may be reasonably interpreted as sexual, including but not limited
				  to:
(1) Sexual intercourse,
				  genital-to-genital contact.
(2)
				  Oral to genital contact.
(3) Oral
				  to anal contact, genital to anal contact.
(4) Kissing in a romantic or sexual
				  manner.
(5) Touching breasts,
				  genitals, or any sexualized body part for any purpose other than appropriate
				  examination or treatment, or where the patient/staff has refused or has
				  withdrawn consent.
(6) Encouraging
				  the patient/staff to masturbate in the presence of the physician or
				  masturbation by the physician while the patient/staff is present.
(7) Offering to provide practice-related
				  services, such as drugs, in exchange for sexual favors.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.58 - Standards for Prescribing Controlled Substances and Dangerous Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a) Podiatrists shall comply with all federal
				  and state laws and regulations relating to the ordering and prescribing of
				  controlled substances in Texas, including but not limited to requirements set
				  forth by the United States Drug Enforcement Administration, United States Food
				  & Drug Administration, Texas Health & Human Services Commission, Texas
				  Department of Public Safety, Texas State Board of Pharmacy, and the
				  department.
(b) A podiatrist may
				  not prescribe a controlled substance except for a valid podiatric medical
				  purpose and in the course of podiatric practice.
(c) A podiatrist may not confer upon and may
				  not delegate prescriptive authority (the act of prescribing or ordering a drug
				  or device) to any other person.
(d)
				  A podiatrist may designate an agent to communicate a prescription to a
				  pharmacist. A podiatrist who designates an agent shall provide a pharmacist on
				  request with a copy of the podiatrist's written authorization for a designated
				  agent to communicate a prescription and shall maintain at the podiatrist's
				  usual place of business a list of the designated agents. The podiatrist remains
				  personally responsible for the actions of the designated agent who communicates
				  a prescription to a pharmacist.
(e)
				  Responsible prescribing of controlled substances requires that a podiatrist
				  consider certain elements prior to issuing a prescription, including, but not
				  limited to:
(1) reviewing the patient's
				  Schedule II, III, IV, and V prescription drug history report by accessing the
				  Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP)
				  database;
(2) the patient's date of
				  birth matches with proper identification;
(3) an initial comprehensive history and
				  physical examination is performed;
(4) the Schedule II prescription copy is in
				  the chart or record found for each prescription written; and
(5) alternative therapy (e.g. ultrasound,
				  TENS) discussed and prescribed for the patient.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.59 - Opioid Prescription Limits and Required Electronic Prescribing

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section, "acute pain" means the
				  normal, predicted, physiological response to a stimulus such as trauma,
				  disease, and operative procedures. Acute pain is time limited and the term does
				  not include:
(1) chronic pain;
(2) pain being treated as part of cancer
				  care;
(3) pain being treated as
				  part of hospice or other end-of-life care; or
(4) pain being treated as part of palliative
				  care.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter F - FEES › Section 130.60 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees paid to the department are
				  non-refundable.
(b) Fees are as
				  follows:
(1) Temporary Residency License
				  (Initial and Renewal)--$125
(2)
				  Extended Temporary License extension--$50
(3) Provisional License--$125
(4) Doctor of Podiatric Medicine Initial
				  License--$750
(5) Doctor of
				  Podiatric Medicine Renewal License--$700
(6) Limited Faculty Initial
				  License--$125
(7) Limited Faculty
				  Renewal License--$60
(8) Voluntary
				  Charity Care Status License (Initial and Renewal)--$0
(9) Active Duty Military
				  Members--$0
(10) Hyperbaric Oxygen
				  Certificate--$25
(11) Nitrous Oxide
				  Registration--$25
(12) Podiatric
				  Medical Radiological Technicians--$25
(13) Duplicate License/replacement
				  license--$25
(14) The fee for a
				  criminal history evaluation letter is the fee prescribed under §60.42
				  (relating to Criminal History Evaluation Letters).
(15) A dishonored/returned check or payment
				  fee is the fee prescribed under §60.82 (relating to Dishonored Payment
				  Device).
(16) Late renewal fees for
				  licenses issued under this chapter are provided under §60.83 (relating to
				  Late Renewal Fees).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter G - ENFORCEMENT › Section 130.70 - Complaints and Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) The licensee
				  must display a department-approved sign or provide to all patients and
				  consumers a brochure that notifies consumers or recipients of services of the
				  name, mailing address, website, and telephone number of the department and a
				  statement informing consumers or recipients of services that complaints against
				  a licensee can be directed to the department.
(b) The sign shall be conspicuously and
				  prominently displayed in a location where it may be seen by all patients. The
				  consumer brochure, if chosen, must be prominently displayed and available to
				  patients and consumers at all times.
(c) Each defendant practitioner against whom
				  a professional liability claim or complaint has been filed must report the
				  claim or complaint to the department. The information is to be reported by
				  insurers or other entities providing medical professional liability insurance
				  for a practitioner. If an insurance carrier does not adequately report,
				  reporting shall be the responsibility of the practitioner.
(d) One separate report shall be filed for
				  each defendant insured practitioner.
(e) The information must be provided within
				  30 days of receipt of the claim or suit. A copy of the claim letter or petition
				  must be attached.
(f) The
				  information reported must contain at least the requested data as follows:
(1) There must be enough identification data
				  available to enable department staff to match the closure report to the
				  original file. The data required to accomplish this include:
(A) name and license number of defendant
				  practitioner(s); and
(B) name of
				  plaintiff; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter G - ENFORCEMENT › Section 130.71 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
					 Code, Chapters 51 and 202 and any associated rules may be used to enforce Texas
					 Occupations Code, Chapter 202 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter G - ENFORCEMENT › Section 130.72 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a person or entity violates any provision of Texas Occupations Code,
				  Chapters 51 or 202, this chapter, or any 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 Texas Occupations Code, Chapters 51 and 202, any associated rules, and
				  consistent with the department's enforcement plan.
(b) A person authorized to receive
				  information by accessing the Texas State Board of Pharmacy's - Texas
				  Prescription Monitoring Program (PMP) database may not disclose or use the
				  information in a manner not authorized by law.
(c) A person authorized to receive
				  information by accessing the Texas State Board of Pharmacy's - Texas
				  Prescription Monitoring Program (PMP) database commits an offense if the person
				  discloses or uses the information in a manner not authorized by law.
(d) A person authorized to receive
				  information by accessing the Texas State Board of Pharmacy's - Texas
				  Prescription Monitoring Program (PMP) database commits an offense if the person
				  makes a material misrepresentation or fails to disclose a material fact in the
				  request for information.
(e) The
				  department shall deny an application for license, and shall revoke the license
				  of a person licensed under Chapter 202, Texas Occupations Code, as required by
				  Chapter 108, Subchapter B, Texas Occupations Code.
(f) A person whose application for licensure
				  has been denied, or whose license has been revoked, pursuant to Texas
				  Occupations Code, Chapter 108, Subchapter B may reapply or seek reinstatement
				  as provided by that subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter G - ENFORCEMENT › Section 130.73 - Conditions of Suspension of License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Suspension of a license means that the office of the practitioner is to be
				  closed for the purposes of receiving, diagnosing, treating, or consulting with
				  patients, and the licensee may not participate for income in any professional
				  activity that is directly related to diagnosis or treatment of a patient or
				  activities that involve consultation services related to management of a
				  practice. The practitioner may refer patients to another practitioner for
				  treatment or consultation during the period of the suspension, but the
				  practitioner shall not derive any income from such referrals. The practitioner
				  may allow another practitioner to see the practitioner's patients during the
				  period of the suspension the practitioner's office or other practitioner's
				  office, but the practitioner shall derive no income from the other practitioner
				  by way of referral fees, or the like.
(b) The practitioner's office may remain open
				  for the purposes of administrative work, including making future appointments,
				  arranging referrals, handling mail, processing accounts, billing, and insurance
				  matters, and other similar matters not directly related to the diagnosis and
				  treatment of patients.
(c) If the
				  suspended practitioner shares offices with another practitioner, the other
				  practitioner shall be allowed to continue to practice, but the suspended
				  practitioner shall not share income with the other practitioner, including any
				  income derived in any way from the diagnosis or treatment of patients. The
				  department may, through unannounced visits or by requesting documentation,
				  check on the business arrangement that the suspended practitioner has with the
				  other practitioner(s) regarding the renting of equipment, rental of business
				  facilities, referral fees or any other negotiated arrangement so as to be sure
				  that the suspended practitioner is not deriving any monies from the practice of
				  podiatric medicine.
(d) If a
				  license suspension is probated, the commission or executive director may
				  require the licensee to:
(1) report regularly
				  to the department on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by
				  the commission or executive director; or
(3) continue or review continuing
				  professional education until the licensee attains a degree of skill
				  satisfactory to the department in those areas that are the basis of the
				  probation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter G - ENFORCEMENT › Section 130.75 - Establishment of Enforcement Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will develop procedures to incorporate podiatry-related
				  expertise into the department's investigation and resolution of
				  complaints.
(b) The department will
				  seek input regarding the procedures developed under this section from the
				  advisory board.
(c) The procedures
				  developed under this section may include obtaining podiatry-related expertise
				  from one or more of the following sources:
(1)
				  A current or former member of the advisory board;
(2) A department staff expert;
(3) An outside expert with relevant
				  education, training, or experience; or
(4) A panel consisting of any combination of
				  the individuals listed in paragraphs (1) - (3).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 7 - STATE COGENERATION COUNCIL › Chapter 201 - STATE COGENERATION PROJECT APPROVAL PROCEDURES › Section 201.1 - Purpose and Scope of Procedures

Current through Reg. 49, No. 28; July 12, 2024
This chapter is intended to establish a procedure whereby the
				  State Cogeneration Council (hereafter, the council) will determine the economic
				  and technical merits of proposed state agency cogeneration projects, and
				  approve or disapprove projects based on those merits. This chapter shall not be
				  construed so as to enlarge, diminish, modify, or alter the statutory authority
				  and duties of the council, or alter the substantive rights of any state agency
				  or person. The council may make exceptions to this chapter for good
				  cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 7 - STATE COGENERATION COUNCIL › Chapter 201 - STATE COGENERATION PROJECT APPROVAL PROCEDURES › Section 201.2 - Severability Clause

Current through Reg. 49, No. 28; July 12, 2024
The adoption of this chapter will in no way preclude the
				  council from altering or amending this chapter in whole or in part, or from
				  requiring additional information from state agencies. Furthermore, this chapter
				  will not relieve in any way a state agency from any of its duties under the
				  laws of this state or the United States. If any provision of this chapter is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this chapter which can be given effect without the invalid provision or
				  application, and to this end, the provisions of this chapter are declared to be
				  severable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 7 - STATE COGENERATION COUNCIL › Chapter 201 - STATE COGENERATION PROJECT APPROVAL PROCEDURES › Section 201.3 - 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) Administrative support
				staff--The Governor's Energy Management Center, P.O. Box 12428, 201 East 14th
				Street, Austin, Texas 78711, (512) 463-1931, or other entity designated by the
				council.
(2) Council--The State
				Cogeneration Council.
(3) Proposed
				state agency cogeneration project--A state agency cogeneration project which is
				not in operation, or for which final engineering design had not been completed,
				as of September 1, 1987.
(4) State
				agency--Any office, department, commission, or board of any branch of state
				government, or any institution of higher education, as defined by the Education
				Code, §
									RSA
				61.003.
(5) State agency cogeneration facility--Any
				qualifying facility constructed or operated by a state agency for the benefit
				of any state agency facilities located adjacent to or on property contiguous
				with the site of the qualifying facility.
(6) Technical support staff--The Governor's
				Energy Management Center, P.O. Box 12428, 201 East 14th Street, Austin, Texas
				78711, (512) 463-1931, or other entity designated by the council.
(7) Third party cogeneration facility--Any
				qualifying facility constructed or operated by a third party for the benefit of
				any state agency facilities located adjacent to or on property contiguous with
				the site of the qualifying facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 7 - STATE COGENERATION COUNCIL › Chapter 201 - STATE COGENERATION PROJECT APPROVAL PROCEDURES › Section 201.4 - Services to State Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The council shall assist, inform, and advise a state agency concerning legal,
				technical, economic, and contractual issues related to cogeneration projects
				specific to that agency. Such assistance may be provided by the council, or
				acting under specific direction from the council, by the council's technical
				staff, by committees appointed by the council, or by any other entity deemed
				appropriate by a majority of the council. Assistance requiring financial
				expenditures may be provided only after approval by a majority of the council.
				In addition, the council may provide information and advice to state agencies
				concerning events and facts having relevance to cogeneration issues and
				projects in general. The scope of such information and advice and the method
				for its dissemination shall be determined by a majority of the
				council.
(b) This section does not
				in any way limit individual members from informing, assisting, or advising
				state agencies or institutions on cogeneration issues in performance of their
				normal job duties as a state employee or on behalf of a state agency or
				institution represented on the council.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 7 - STATE COGENERATION COUNCIL › Chapter 201 - STATE COGENERATION PROJECT APPROVAL PROCEDURES › Section 201.5 - State Agency Cogeneration Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applications. Prior to the construction or operation of a proposed state agency
				cogeneration facility, a state agency shall file an application with the
				council. The council's written approval of an application must be received
				before construction or operation of a proposed state agency cogeneration
				facility may commence.
(1) State agencies can
				obtain application forms from the council by requesting such forms in writing
				from the chairman or administrative support staff.
(2) State agencies may expend such staff and
				funding resources as is reasonable and necessary to complete the application
				form. State agencies shall not expend significant resources beyond a
				preliminary design phase in pursuit of a cogeneration project until notified in
				writing by the council that said project has been approved. Seven copies of the
				application forms shall be filed with the chairman.
(3) The chairman or staff shall, not more
				than seven days after an application is received, acknowledge receipt of same
				in writing to the applicant, and send a copy of such application to each
				council member.
(4) The council may
				request additional information from the applicant which the council finds
				necessary to fulfill its duties of technical and economic review. The council
				may reject as incomplete any application which in its opinion does not contain
				sufficient information with which to perform a valid analysis. The council
				shall inform the proposing agency of its reasons for rejection of an incomplete
				application. A rejected application shall be deemed void.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 7 - STATE COGENERATION COUNCIL › Chapter 201 - STATE COGENERATION PROJECT APPROVAL PROCEDURES › Section 201.6 - Third Party Cogeneration Projects

Current through Reg. 49, No. 28; July 12, 2024
Any state agency considering a third party cogeneration
				  facility may avail itself of the services of the council as defined by §
									RSA
				  201.4 of this title (relating to Services to
				  State Agencies).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Racing Commission is charged with implementing, administering, and enforcing
				  the Act. It is the intent of the commission that the rules of the commission be
				  interpreted in the best interests of the public and the state.
(b) Through these rules, the commission
				  intends to provide for the strict regulation of horse racing and greyhound
				  racing and the control of pari-mutuel wagering in connection with that
				  racing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.2 - Commission Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission shall formulate policy objectives for the agency and supervise
				  the implementation of these policies and the actions of the executive
				  secretary. The commission may approve/disapprove actions of the executive
				  secretary on its own motion or on request of the executive secretary.
(b) The commission shall propose, adopt,
				  amend, and repeal rules as authorized or required by law, including under the
				  Act and under Chapter 2001, Government Code.
(c) The commission shall approve all
				  operating plans required to be filed by law which are prospective in nature,
				  such as legislative appropriation requests, operating budget and the biennial
				  strategic plan.
(d) The commission
				  shall issue all racetrack licenses and licenses to conduct race
				  meetings.
(e) The commission shall
				  issue final orders on contested cases before the commission and assess
				  administrative penalties as authorized by law.
(f) The commission may delegate any power or
				  duty to a committee of its members or to the agency's executive secretary. The
				  chair may establish a committee and appoint committee members in an open
				  meeting. The chair may appoint committee members who are not members of the
				  commission, but a committee of such members will be advisory only.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.3 - Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission's main office is located at 8505 Cross Park Drive, #110, Austin,
				  Texas 78754-4594. The commission mailing address is P.O. Box 12080, Austin,
				  Texas 78711-2080. The telephone number is (512) 833-6699. The fax number is
				  (512) 833-6907. Office hours are 8:00 a.m. to 5:00 p.m.,
				  Monday-Friday.
(b) The commission
				  may establish a branch office at any licensed racetrack in which the commission
				  determines a branch office is necessary.
(c) The commission may establish a branch
				  office in any county in which the commission determines a branch office is
				  necessary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.4 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  otherwise provided by state law, Commission meetings are subject to the Texas
				  open meetings law, Government Code, Chapter 551.
(b) The Commission shall hold at least six
				  regular meetings each year on dates set by the Commission. The Chair or any
				  four members of the Commission may call a special meeting of the
				  Commission.
(c) Except as otherwise
				  provided by state law or by the Rules, Robert's Rules of Order (Revised 1996)
				  govern the proceedings of the Commission.
(d) The executive secretary shall prepare the
				  agenda for each Commission meeting, subject to the approval of the Chair of the
				  Commission. At the request of any two Commissioners, the executive secretary
				  shall place an item on the agenda. If only one Commissioner requests that an
				  item be placed on the agenda, the Chair shall review the request and, after
				  consulting with the Vice-chair, determine whether to place the item on the
				  agenda.
(e) A licensee of the
				  Commission or a member of the public may request that an item be placed on the
				  agenda by filing a written request with the executive secretary not later than
				  14 days before the date of the meeting. The party making the request must
				  include with the request an original and one copy of all information, data, or
				  other supporting materials relating to the request. After receiving a request
				  under this subsection, the Chair shall review the request and, after consulting
				  with the Vice-chair, determine whether to place the item on the
				  agenda.
(f) The public is invited
				  to comment regarding any agenda item or any issue under the jurisdiction of the
				  Commission. Public comments may be limited to a reasonable number, frequency
				  and length. All individuals wishing to address the Commission must sign a
				  registration form and make their remarks under oath. All individuals addressing
				  the Commission are subject to questioning by the Commission and the Commission
				  staff.
(g) Before each regular
				  Commission meeting, the executive secretary shall distribute the agenda and a
				  summary of each rule scheduled for proposal at the meeting to each licensed
				  racetrack, each official breed registry, the officially recognized horsemen's
				  organization, and the Texas Veterinary Medical Association. An association
				  shall post the agenda and rules in a prominent place that will ensure access by
				  interested persons.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.5 - Quorum

Current through Reg. 49, No. 28; July 12, 2024
(a) A majority of
				  the commission constitutes a quorum.
(b) When a quorum is present, a motion before
				  the commission is carried by an affirmative vote of the majority of the
				  commissioners present at the meeting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.6 - Commission Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) In January of
				  even-numbered years, the commission shall elect one of the members to serve as
				  vice-chair for a term of two years.
(b) In the event of a vacancy in the office
				  of vice-chair, the vacancy shall be filled for the unexpired term on majority
				  vote of the commission at the next regular meeting of the commission.
(c) In the absence of the chair and
				  vice-chair from a meeting of the commission, the remaining members shall elect
				  a pro-tem presiding officer who shall serve until the conclusion of the meeting
				  or until the arrival of the chair or vice-chair.