CHAPTER 202. PODIATRISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES
CHAPTER 202. PODIATRISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 202.001. DEFINITIONS. (a) In this chapter:
(1) "Board" means the Texas State Board of Podiatric Medical
Examiners.
(2) "Executive director" means the employee of the board who
manages the board's day-to-day operations.
(3) "Podiatrist" means a person who:
(A) is licensed under this chapter to practice podiatry and who
directly or indirectly charges money or other compensation for
podiatric services; or
(B) publicly professes or claims to be a podiatrist, foot
specialist, or doctor or uses any title, degree, letter,
syllable, or word that would lead the public to believe that the
person is a practitioner authorized to practice or assume the
duties incident to the practice of podiatry.
(4) "Podiatry" means the treatment of or offer to treat any
disease, disorder, physical injury, deformity, or ailment of the
human foot by any system or method. The term includes podiatric
medicine.
(b) In the laws of this state:
(1) "chiropody" means podiatry; and
(2) "chiropodist" means podiatrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.002. APPLICATION OF SUNSET ACT. The Texas State Board
of Podiatric Medical Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished
September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 1, eff. September 1, 2005.
Sec. 202.003. APPLICATION OF CHAPTER. (a) This chapter does
not apply to:
(1) a physician licensed by the Texas State Board of Medical
Examiners;
(2) a surgeon of the United States Army, United States Navy, or
United States Public Health Service, when performing that
person's official duties; or
(3) a bona fide member of an established church in ministering
or offering to minister to the sick or suffering by prayer, as
set forth in the principles, tenets, or teachings of the church
of which the person is a bona fide member.
(b) This chapter does not prohibit the recommendation,
advertising, or sale of corrective shoes, arch supports or
similar mechanical appliances, or foot remedies by a
manufacturer, wholesaler, or retail dealer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Sec. 202.051. BOARD MEMBERSHIP. (a) The Texas State Board of
Podiatric Medical Examiners consists of nine members appointed by
the governor as follows:
(1) six members who are reputable practicing podiatrists who
have resided in this state and have been actively engaged in the
practice of podiatry for the five years preceding appointment;
and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 2, eff. September 1, 2005.
Sec. 202.052. OATH OF OFFICE. Before entering office, a board
member shall qualify for office by filing with the secretary of
state the constitutional oath taken by the board member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the board or receiving funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.054. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to 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 board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) 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.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 3, eff. September 1, 2005.
Sec. 202.055. TERMS. Members of the board serve staggered
six-year terms. At the expiration of the term of each member, the
governor shall appoint a successor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 202.051 or 202.053;
(2) does not maintain during service on the board the
qualifications required by Section 202.051 or 202.053;
(3) is ineligible for membership under Section 202.054;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year unless the absence is excused by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the president of the board of the potential ground. The
president shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential
ground for removal involves the president, the executive director
shall notify the next highest ranking officer of the board, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 4, eff. September 1, 2005.
Sec. 202.057. PER DIEM; REIMBURSEMENT. (a) Each board member
is entitled to a per diem as set by legislative appropriation for
each day the member engages in the business of the board.
(b) A member may receive reimbursement for travel expenses,
including expenses for meals, lodging, and transportation, as
prescribed by the General Appropriations Act.
(c) The secretary of the board is entitled to reimbursement for
the secretary's necessary expenses incurred in the performance of
services for the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 5, eff. September 1, 2005.
Sec. 202.058. OFFICERS. (a) The governor shall designate a
member of the board as the president of the board to serve in
that capacity at the pleasure of the governor.
(b) At the first regular scheduled meeting of each biennium, the
board shall elect from its members a vice president and
secretary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 6, eff. September 1, 2005.
Sec. 202.059. MEETINGS. (a) The board shall hold regular
meetings at least twice a year and special meetings as necessary.
The board shall hold the meetings at times and places the board
considers most convenient for applicants for license
examinations.
(b) A special meeting shall be held on the call of the president
or on the request of a majority of board members.
(c) If a quorum is not present on the day of a meeting, the
members present may adjourn from day to day until a quorum is
present.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.060. LOCATION OF OFFICES. The board shall maintain
offices in Austin.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.061. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the 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 and the programs, functions, rules, and budget
of the board;
(2) the results of the most recent formal audit of the board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board may be entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 7, eff. September 1, 2005.
SUBCHAPTER C. BOARD PERSONNEL
Sec. 202.101. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 8, eff. September 1, 2005.
Sec. 202.102. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
board shall provide, as often as necessary, to its members and
employees information regarding their:
(1) qualifications for office or employment under this chapter;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency posting of all non-entry-level
positions concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
measurable job tasks. All merit pay for board employees must be
based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to assure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, application, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as part of other
biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 202.151. GENERAL RULEMAKING AUTHORITY. The board shall
adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this
state, and the law of the United States to govern:
(1) its proceedings and activities;
(2) the regulation of the practice of podiatry; and
(3) the enforcement of the law regulating the practice of
podiatry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.152. RULES REGARDING ADVERTISING AND COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit false, misleading, or deceptive
practices by the person.
(b) The board may not include in its rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the person's use of any medium for advertising;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.1525. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
(a) The board shall adopt rules necessary to comply with Chapter
53.
(b) In its rules under this section, the board shall list the
specific offenses for which a conviction would constitute grounds
for the board to take action under Section 53.021.
Added by Acts 2005, 79th Leg., Ch.
26, Sec. 9, eff. September 1, 2005.
Sec. 202.153. FEES. (a) The board by rule shall establish fees
in amounts reasonable and necessary to cover the cost of
administering this chapter. The board may not set a fee that
existed on September 1, 1993, in an amount less than the amount
of that fee on that date.
(b) The board may not maintain unnecessary fund balances, and
fee amounts shall be established in accordance with this
requirement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.154. COMMITTEES. The board may appoint committees from
its own membership. The duties of a committee are to:
(1) consider matters relating to the enforcement of the law
regulating the practice of podiatry and the rules adopted in
accordance with that law as referred to the committee; and
(2) make recommendations to the board with respect to the
enforcement of those matters.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.1545. ADVISORY COMMITTEE MEMBERSHIP. (a) This section
does not apply to a committee created under Section 202.154
exclusively composed of board members.
(b) A board member is not eligible to serve as a voting member
on a task force or advisory committee that makes recommendations
to the board.
Added by Acts 2005, 79th Leg., Ch.
26, Sec. 10, eff. September 1, 2005.
Sec. 202.155. CONTRACTS WITH OTHER STATE AGENCIES. The board
may contract with the Texas State Board of Medical Examiners or
any other appropriate state agency to provide some or all of the
services necessary to carry out the board's activities.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.156. BOARD RECORDS. (a) The board shall keep correct
records of the board's proceedings and of all money received or
spent by the board. The records shall be open to public
inspection at all reasonable times. The records must include:
(1) a record of proceedings relating to the examination of
license applicants;
(2) a record of proceedings relating to the issuance, renewal,
or refusal of a license, including information on whether an
application was rejected or granted;
(3) the name, age, and known place of residence of each
applicant for a license or license renewal;
(4) the name and location of the college of podiatry from which
each license applicant holds credentials and the time devoted by
the applicant to the study and practice of podiatry; and
(5) any other information the board desires to record.
(b) Each license and annual renewal certificate issued by the
board must be numbered and recorded in a book kept by the board.
(c) Information in a record is prima facie evidence of each
matter contained in the record.
(d) A certified copy of a record, under the hand and seal of the
custodian of records of the board, is admissible as evidence in
all courts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.157. BOARD PROCEEDINGS. (a) The board is not bound by
the strict rules of procedure or by the laws of evidence in the
conduct of its proceedings, but a board determination must be
founded on legal evidence sufficient to sustain it.
(b) Each order of the board is prima facie valid.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.158. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.159. ANNUAL REPORT REGARDING FUNDS. (a) The board
shall file annually with the governor and the presiding officer
of each house of the legislature a complete and detailed written
report accounting for all funds received and disbursed by the
board during the preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At least
once each biennium, the board shall provide to license holders
information on:
(1) prescribing and dispensing pain medications, with particular
emphasis on Schedule II and Schedule III controlled substances;
(2) abusive and addictive behavior of certain persons who use
prescription pain medications;
(3) common diversion strategies employed by certain persons who
use prescription pain medications, including fraudulent
prescription patterns; and
(4) the appropriate use of pain medications and the differences
between addiction, pseudo-addiction, tolerance, and physical
dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 2, eff. Sept. 1,
2003.
Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 2, eff. Sept. 1,
2003.
Sec. 202.162. USE OF TECHNOLOGY. The board shall implement a
policy requiring the board to use appropriate technological
solutions to improve the board's ability to perform its
functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
26, Sec. 11, eff. September 1, 2005.
Sec. 202.163. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch.
26, Sec. 11, eff. September 1, 2005.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 202.201. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the board's procedures by which complaints are
filed with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.202. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board.
The board may provide for that notification:
(1) on each registration form, application, brochure, or written
contract for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of business of
each person regulated by the board; or
(3) in a bill for service provided by a person regulated by the
board.
(b) The board shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
(c) The board shall make information available describing its
procedures for complaint investigation and resolution.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 12, eff. September 1, 2005.
Sec. 202.203. COMPLAINT RECORDS. (a) The board shall maintain
a system to promptly and efficiently act on complaints filed with
the board. The board shall maintain information about parties to
the complaint, the subject matter of the complaint, a summary of
the results of the review or investigation of the complaint, and
the disposition of the complaint.
(b) The board shall periodically notify the complaint parties of
the status of the complaint until final disposition unless the
notification would jeopardize an undercover investigation. The
board may provide a copy of the complaint to the license holder
unless providing a copy would jeopardize an investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.052(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 13, eff. September 1, 2005.
Sec. 202.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of complaints
that require the use of an investigator and the procedures for
the board to obtain the services of an investigator, including a
private investigator.
(b) The board shall:
(1) dispose of all complaints in a timely manner; and
(2) establish a schedule for conducting each phase of a
complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(c) The board shall notify each party of the projected time
requirements for the complaint. The board shall notify each party
to the complaint of the change in the schedule not later than the
seventh day after the date the change is made.
(d) The executive director shall notify the board of a complaint
that is not resolved within the time prescribed by the board for
resolving the complaint so that the board may take necessary
action on the complaint.
(e) An investigator whose service is obtained by the board in an
investigation under this section is immune from suit and
liability for:
(1) holding an informal conference to determine the facts of the
complaint;
(2) testifying at a hearing regarding the investigation;
(3) issuing an opinion on or making a report about:
(A) a person who files a complaint under this chapter or
requests the services of the board;
(B) a podiatrist; or
(C) a podiatric patient; and
(4) investigating a complaint filed with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1259, Sec. 1, eff. Sept. 1,
2001.
Sec. 202.205. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 202.251. LICENSE REQUIRED. A person may not practice
podiatry or hold the person out as a podiatrist unless the person
is licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.252. LICENSE APPLICATION. (a) A person who desires to
practice podiatry in this state shall apply in writing to the
board for a license on a form prescribed by the board.
(b) The applicant shall submit any information reasonably
required by the board, including evidence satisfactory to the
board that the applicant:
(1) is at least 21 years of age;
(2) is of good moral character;
(3) has completed at least 90 semester hours of college courses
acceptable at the time of completion for credit toward a
bachelor's degree at The University of Texas;
(4) is a graduate of a reputable school of podiatry or
chiropody; and
(5) has successfully completed any other course of training
reasonably required by board rule relating to the safe care and
treatment of patients.
(c) The applicant shall verify by affidavit the information
submitted in the application.
(d) The applicant shall establish that the applicant graduated
from a reputable school of podiatry or chiropody by furnishing a
diploma from that school.
(e) All educational attainments or credits for evaluation under
this chapter must be completed within the United States. The
board may not accept educational credits attained in a foreign
country that are not acceptable to The University of Texas for
credit toward a bachelor's degree.
(f) For purposes of this section, a podiatry or chiropody school
is reputable if:
(1) the course of instruction consists of four terms of
approximately eight months each, or the substantial equivalent;
and
(2) the school is approved by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE. (a) The board may
refuse to admit a person to an examination, and may refuse to
issue a license to practice podiatry to a person, for:
(1) presenting to the board a license, certificate, or diploma
that was illegally or fraudulently obtained or engaging in fraud
or deception in passing the examination;
(2) being convicted of:
(A) a felony;
(B) a crime that involves moral turpitude; or
(C) an offense under Section 202.606;
(3) engaging in habits of intemperance or drug addiction that in
the board's opinion would endanger the health, well-being, or
welfare of patients;
(4) engaging in grossly unprofessional or dishonorable conduct
of a character that in the board's opinion is likely to deceive
or defraud the public;
(5) directly or indirectly violating or attempting to violate
this chapter or a rule adopted under this chapter as a principal,
accessory, or accomplice;
(6) using any advertising statement of a character tending to
mislead or deceive the public;
(7) advertising professional superiority or the performance of
professional service in a superior manner;
(8) purchasing, selling, bartering, or using or offering to
purchase, sell, barter, or use a podiatry degree, license,
certificate, diploma, or a transcript of a license, certificate,
or diploma, in or incident to an application to the board for a
license to practice podiatry;
(9) altering, with fraudulent intent, a podiatry license,
certificate, diploma, or a transcript of a podiatry license,
certificate, or diploma;
(10) using a podiatry license, certificate, or diploma, or a
transcript of a podiatry license, certificate, or diploma, that
has been fraudulently purchased, issued, counterfeited, or
materially altered;
(11) impersonating, or acting as proxy for, another person in a
podiatry license examination;
(12) impersonating a license holder, or permitting another
person to use the license holder's license to practice podiatry
in this state, to treat or offer to treat, by any method,
conditions and ailments of human feet;
(13) directly or indirectly employing a person whose license to
practice podiatry has been suspended or associating in the
practice of podiatry with a person whose license to practice
podiatry has been suspended or who has been convicted of the
unlawful practice of podiatry in this state or elsewhere;
(14) wilfully making in the application for a license to
practice podiatry a material misrepresentation or material untrue
statement;
(15) being unable to practice podiatry with reasonable skill and
safety to a patient because of age, illness, drunkenness, or
excessive use of drugs, narcotics, chemicals, or other substances
or as a result of a mental or physical condition;
(16) failing to practice podiatry in an acceptable manner
consistent with public health and welfare;
(17) being removed, suspended, or disciplined in another manner
by the podiatrist's peers in a professional podiatry association
or society, whether local, regional, state, or national in scope,
or being disciplined by a licensed hospital or the medical staff
of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the board
determines that the action was:
(A) based on unprofessional conduct or professional incompetence
likely to harm the public; and
(B) appropriate and reasonably supported by evidence submitted
to the association, society, hospital, or medical staff; or
(18) having repeated or recurring meritorious health care
liability claims filed against the podiatrist that in the board's
opinion are evidence of professional incompetence likely to
injure the public.
(b) In enforcing Subsection (a)(15), the board, on probable
cause, shall request the affected podiatrist to submit to a
mental or physical examination by a physician designated by the
board. If the podiatrist refuses to submit to the examination,
the board shall issue an order requiring the podiatrist to show
cause why the podiatrist will not submit to the examination and
shall schedule a hearing on the order not later than the 30th day
after the date notice is served on the podiatrist. The podiatrist
shall be notified by either personal service or certified mail
with return receipt requested.
(c) At the hearing, the podiatrist and the podiatrist's attorney
may present testimony and other evidence to show why the
podiatrist should not be required to submit to the examination.
After a complete hearing, the board shall issue an order either
requiring the podiatrist to submit to the examination or
withdrawing the request for examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.254. EXAMINATION. (a) Except as provided by Section
202.261, each applicant for a license to practice podiatry in
this state must pass an examination approved by the board. Each
applicant shall pay to the board an examination fee at least 15
days before the date of the scheduled examination.
(b) The board may adopt and enforce rules of procedure for
administering this section. A public board member may not
participate in any part of the examination process for applicants
for a license issued by the board that requires knowledge of the
practice of podiatry.
(c) The license examination must consist of a written and
practical component. The board shall determine the passing score
for the examination using accepted criterion-referenced methods.
The board shall have the examination validated by an independent
testing professional.
(d) The examination must cover the subjects of anatomy,
chemistry, dermatology, diagnosis, pharmacology, pathology,
physiology, microbiology, orthopedics, and podiatry, as related
to ailments of the human foot.
(e) The board shall determine the credit to be given on the
examination answers. The discretion of the board on the
examination is final.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.255. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the results of the examination not later than
the 30th day after the date a licensing examination is
administered under this chapter. If an examination is graded or
reviewed by a national testing service, the board shall notify
each examinee of the results of the examination not later than
the 14th day after the date the board receives the results from
the testing service.
(b) If the notice of examination results graded or reviewed by a
national testing service will be delayed for longer than 90 days
after the examination date, the board shall notify each examinee
of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails the
examination, the board shall provide to the person an analysis of
the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.256. REEXAMINATION. (a) An applicant who fails an
examination and is refused a license based on that failure may
retake the examination. The applicant must pay the regular
examination fee for any reexamination.
(b) Each reexamination must cover each subject tested in Section
202.254(d).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.257. ISSUANCE OF LICENSE. The board shall issue a
license to each applicant who possesses the qualifications
required for a license and passes the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.258. REFUSAL OF ADMITTANCE TO EXAMINATION. An
applicant who is refused admittance to examination may try the
issue in a district court in Travis County.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.259. TEMPORARY LICENSE. (a) The board by rule may
adopt a procedure for the issuance of a temporary license to an
applicant other than an applicant for a provisional license under
Section 202.260.
(b) Rules adopted under this section must establish:
(1) the criteria for issuance of a temporary license; and
(2) a maximum period during which a temporary license is valid.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.260. PROVISIONAL LICENSE. (a) On application, the
board shall grant a provisional license to practice podiatry to
an applicant who:
(1) is licensed in good standing as a podiatrist in another
state that has licensing requirements that are substantially
equivalent to the requirements of this chapter;
(2) has passed a national or other examination recognized by the
board relating to the practice of podiatry; and
(3) is sponsored by a person licensed under this chapter with
whom the provisional license holder may practice under this
section.
(b) The board may excuse an applicant for a provisional license
from the requirement of Subsection (a)(3) if the board determines
that compliance with that subsection constitutes a hardship to
the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for a license. Except as provided by Subsection (e), the board
shall issue a license under this chapter to the holder of a
provisional license under this section if:
(1) the provisional license holder passes the examination
required by Section 202.254;
(2) the board verifies that the provisional license holder has
the academic and experience requirements for a license under this
chapter; and
(3) the provisional license holder satisfies any other license
requirements under this chapter.
(d) The board shall complete the processing of a provisional
license holder's application for a license not later than the
180th day after the date the provisional license is issued. The
board may extend that deadline to allow for the receipt of
pending examination results.
(e) A provisional license holder is not required to pass a part
of an examination related to the testing of clinical skills that
an applicant for an original license under this chapter with
substantially equivalent experience is not required to pass.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 14, eff. September 1, 2005.
Sec. 202.261. LIMITED LICENSE FOR PODIATRY FACULTY MEMBERS. (a)
The board may issue a license to practice podiatry without
administering the examination under Section 202.254 to a
podiatrist who:
(1) at the time of applying for a license has accepted an
appointment or is serving as a full-time member of the faculty of
an educational institution in this state offering an approved or
accredited course of study or training leading to a degree in
podiatry;
(2) is licensed to practice podiatry in another state that has
licensing requirements substantially equivalent to those
established by this state; and
(3) otherwise satisfies the requirements of Section 202.252.
(b) For purposes of Subsection (a)(1), a course of study,
training, or education is considered to be approved or accredited
if it is approved or accredited by the board as constituting a
reputable course of study, training, or education. In deciding
whether to approve or accredit a course of study, training, or
education, the board shall consider whether the course is
approved or accredited by the Council on Podiatric Medical
Education of the American Podiatric Medical Association or its
successor organization.
(c) Except for the examination requirement, an applicant for a
license under this section must comply with all application,
license, and license renewal requirements relating to podiatry
and is subject to all laws relating to the practice of podiatry.
(d) A license issued under this section permits the practice of
podiatry only for purposes of instruction in the educational
institution.
(e) A license issued under this section terminates when the
faculty appointment of a podiatrist licensed under this section
is terminated. This section does not:
(1) prohibit the podiatrist from applying for and obtaining a
license; or
(2) affect a license obtained by the podiatrist by complying
with Section 202.254 and other applicable laws relating to the
practice of podiatry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.262. DISPLAY OF LICENSE. (a) A person licensed under
this chapter must conspicuously display both the license and an
annual renewal certificate for the current year of practice at
the location where the person practices.
(b) The person shall exhibit the license and renewal certificate
to a board representative on the representative's official
request for examination or inspection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.263. ISSUANCE OF DUPLICATE OR AMENDED LICENSE. (a) If
a license issued by the board is lost, destroyed, or stolen from
the person to whom it was issued, the license holder shall report
the fact to the board in an affidavit. The affidavit must include
detailed information as to the loss, destruction, or theft,
giving dates, place, and circumstances.
(b) A license holder may apply to the board for an amended
license because of a lawful change in the person's name or degree
designation or for any other lawful and sufficient reason. The
license holder must state the reasons that the issuance of an
amended license is requested.
(c) The board shall issue a duplicate or amended license on
application by a license holder and payment of a fee set by the
board for the duplicate or amended license. The board may not
issue a duplicate or amended license unless:
(1) the license holder submits sufficient evidence to prove the
license has been lost, destroyed, or stolen or establishes the
lawful reason that an amended license should be issued; and
(2) the board's records show a license had been issued and was
in effect at the time of the loss, destruction, or theft or on
the date of the request for an amended license.
(d) If an amended license is issued, the license holder shall
return the original license to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.264. INACTIVE STATUS. The board by rule may provide
for the license of a person under this chapter to be placed on
inactive status. Rules adopted under this section must include a
time limit for a license to remain on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. LICENSE RENEWAL
Sec. 202.301. ANNUAL LICENSE RENEWAL. (a) The board by rule
may adopt a system under which licenses expire on various dates
during the year, and the dates for sending notice that payment is
due and dates of suspension, revocation, and assessment of a
penalty for nonpayment shall be adjusted accordingly. For the
year in which the license renewal date is changed, license fees
payable on November 1 shall be prorated on a monthly basis so
that each license holder shall pay only that portion of the
license fee that is allocable to the number of months during
which the license is valid. On renewal of the license on the new
expiration date, the total license renewal fee is payable.
(b) At least 30 days before the expiration of a person's
license, the board shall send written notice of the impending
license expiration to the person at the person's last known
address according to the board's records.
(c) A person may renew the person's unexpired license by paying
the required renewal fee to the board before the expiration date
of the license.
(d) A person whose license has been expired for 90 days or less
may renew the license by paying to the board a fee equal to 1-1/2
times the required renewal fee. If a license has been expired
for more than 90 days but less than one year, the person may
renew the license by paying to the board a fee equal to two times
the required renewal fee.
(e) If a person's license has been expired for one year or
longer, the person may not renew the license. The person may
obtain a new license by submitting to reexamination and complying
with the requirements and procedures for obtaining an original
license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 15, eff. September 1, 2005.
Sec. 202.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without reexamination an
expired license of a person who was licensed in this state, moved
to another state, and is currently licensed and has been in
practice in the other state for the two years preceding the date
the person applied for renewal.
(b) The person must pay to the board a fee equal to the amount
charged for renewal of the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
26, Sec. 16, eff. September 1, 2005.
Sec. 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person who
practices podiatry without an annual renewal certificate for the
current year is considered to be practicing without a license and
is subject to all the penalties of the practice of podiatry
without a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.304. RENEWAL AFTER MILITARY SERVICE. (a) Except as
provided by Subsection (c), this section applies to a podiatrist
whose license has been suspended or revoked, or whose annual
renewal certificate has expired, while the podiatrist has been:
(1) engaged in federal service or on active duty with:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Marine Corps;
(D) the United States Coast Guard; or
(E) the United States Air Force;
(2) called into service or training of the United States; or
(3) in training or education under the supervision of the United
States before induction into military service.
(b) A podiatrist subject to this section may renew the
podiatrist's license without paying a renewal fee for the expired
license or passing an examination if, not later than the first
anniversary of the date of the termination of service, training,
or education described by Subsection (a), other than by
dishonorable discharge, the podiatrist furnishes to the board an
affidavit stating that the podiatrist has been so engaged and
that the service, training, or education has terminated.
(c) This section does not apply to a podiatrist whose license is
revoked under Section 202.502.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.305. CONTINUING EDUCATION. (a) The board shall
develop a mandatory continuing education program. In developing
its program, the board shall:
(1) establish by rule the minimum hours of continuing education
required for license renewal;
(2) identify the key factors that lead to the competent
performance of professional duties;
(3) develop a process to evaluate and approve continuing
education courses; and
(4) develop a process to assess the participation and
performance of license holders in continuing education courses to
enable the board to evaluate the overall effectiveness of the
program.
(b) The board may assess the continuing education needs of a
license holder and require the license holder to attend
continuing education courses specified by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. PRACTICE BY LICENSE HOLDER
Sec. 202.351. PODIATRY SERVICES FOR CERTAIN HEALTH
ORGANIZATIONS. A licensed podiatrist may contract with a health
organization approved by the Texas State Board of Medical
Examiners under Chapter 162 to provide podiatry services for the
health organization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.352. BOARD APPROVAL OF NAMES UNDER WHICH PODIATRIST MAY
PRACTICE. (a) The board may adopt rules establishing standards
or guidelines for the name, including a trade name or assumed
name, under which a podiatrist may conduct a practice in this
state. In its rules, the board may also establish procedures to
review and make determinations approving or disapproving a
specific name submitted to the board by one or more podiatrists
desiring to practice under a particular name.
(b) The authority granted to the board by this section includes
any form of business organization under which a podiatrist
conducts a practice, including:
(1) a sole proprietorship;
(2) an association;
(3) a partnership;
(4) a professional corporation;
(5) a clinic;
(6) a health maintenance organization; and
(7) a group practice with a practitioner of another branch of
the healing art.
(c) A podiatrist may not practice podiatry in this state under
any name, including a trade name or assumed name, unless the name
is in compliance with the applicable rules adopted or
determinations made under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.353. MALPRACTICE CLAIM REPORTS. (a) An insurer who
delivers or issues for delivery in this state professional
liability insurance coverage to a podiatrist who practices in
this state shall furnish to the board the information specified
in Subsection (b) relating to:
(1) a notice of claim letter or a complaint filed against the
insured in a court, if the notice of claim letter or the
complaint seeks the recovery of damages based on the insured's
conduct in providing or failing to provide medical or health care
services; or
(2) a settlement of a claim or other legal action made by the
insurer on behalf of the insured.
(b) The insurer shall furnish the following information not
later than the 30th day after the date the insurer receives the
notice of claim letter or complaint against the insured:
(1) the name of the insured;
(2) the number of the insured's license to practice podiatry in
this state;
(3) the insured's insurance policy number; and
(4) a copy of the notice of claim letter or complaint.
(c) If a podiatrist who practices in this state is not covered
by professional liability insurance or is insured by an insurer
who is not authorized to write professional liability insurance
for podiatrists in this state, the affected podiatrist shall
submit information to the board relating to any malpractice
action brought against that podiatrist. The podiatrist shall
submit the information as required by rules adopted by the board
under Subsections (d)-(f).
(d) In consultation with the commissioner of insurance, the
board shall adopt rules for reporting the information required
under Subsections (a) and (b) and any additional information
required by the board.
(e) The board shall consider other claim reports required under
state or federal law in determining:
(1) any additional information to be reported;
(2) the form of the report; and
(3) reasonable reporting intervals.
(f) The board may require additional information, including:
(1) the date of a judgment, dismissal, or settlement of a
malpractice action;
(2) whether an appeal has been taken and the identity of the
party appealing; and
(3) the amount of any judgment or settlement.
(g) An insurer, an agent or employee of the insurer, a board
member, or an employee or representative of the board is not
liable or subject to a cause of action for an action taken as
required under this section.
(h) A report or information submitted to the board under this
section or the fact that a report or information has been
submitted may not be offered in evidence or in any manner used in
the trial of an action brought against a podiatrist based on the
podiatrist's conduct in providing or failing to provide medical
or health care services.
(i) The board shall review the information relating to a
podiatrist against whom three or more malpractice claims have
been reported during any five-year period in the same manner as
if a complaint against that podiatrist had been made to the board
under Subchapter E.
(j) The commissioner of insurance may impose the sanctions
authorized by Chapter 82, Insurance Code, against an insurer
subject to this section who fails to report as prescribed by this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.544, eff.
Sept. 1, 2003.
SUBCHAPTER I. PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS
Sec. 202.401. DEFINITIONS. In this subchapter:
(1) "Patient" means a person who consults or is seen by a
podiatrist to receive podiatric care.
(2) "Podiatric record" means a record relating to the history,
diagnosis, treatment, or prognosis of a patient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.402. SCOPE OF PRIVILEGE. (a) A communication that
relates to or is in connection with professional services
provided by a podiatrist for a patient is confidential and
privileged and may not be disclosed except as provided by this
subchapter.
(b) Records of the identity, diagnosis, evaluation, or treatment
of a patient by a podiatrist that are created or maintained by a
podiatrist are confidential and privileged and may not be
disclosed except as provided by this subchapter.
(c) A person who receives information from confidential
communications or podiatric records, other than a person listed
under Section 202.405 or 202.406 who is acting on the patient's
behalf, may not disclose the information except to the extent
that disclosure is consistent with the authorized purposes for
which the information was first obtained.
(d) The prohibitions of this section continue to apply to
confidential communications or records concerning a patient
without regard to when the patient received the services of a
podiatrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.403. CLAIM OF PRIVILEGE. (a) The privilege of
confidentiality under this subchapter may be claimed by the
patient or by a podiatrist acting on the patient's behalf.
(b) A podiatrist may claim the privilege of confidentiality only
on behalf of the podiatrist's patient. The authority to claim the
privilege is presumed in the absence of evidence to the contrary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.404. EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY IN
CERTAIN PROCEEDINGS. (a) The privilege and confidentiality
requirements under this subchapter do not apply in a court or
administrative proceeding if:
(1) the proceeding is brought by a patient against a podiatrist,
including a malpractice proceeding, a criminal proceeding, or a
license revocation proceeding in which the patient is a
complaining witness and in which disclosure is relevant to the
claims or defense of a podiatrist;
(2) a patient or a person authorized to act on the patient's
behalf submits written consent to the release of confidential
information, as provided by Section 202.406; or
(3) the purpose of the proceeding is to substantiate and collect
on a claim for podiatric services provided to a patient.
(b) The privilege and confidentiality requirements under this
subchapter do not apply in a civil litigation or administrative
proceeding brought by a patient or a person authorized to act on
the patient's behalf if the plaintiff is attempting to recover
monetary damages for a physical or mental condition, including
the patient's death. Information that is otherwise confidential
under this subchapter is discoverable in a court or
administrative proceeding in this state if the information is
relevant to the proceeding and the court or administrative body
has jurisdiction over the subject matter under the applicable
rules of procedure specified for that matter.
(c) The privilege and confidentiality requirements under this
subchapter do not apply in a disciplinary investigation or
proceeding against a podiatrist conducted under this chapter.
(d) The privilege and confidentiality requirements under this
subchapter do not apply in a criminal investigation of or
criminal proceeding against a podiatrist in which the board is
participating or assisting by providing certain records obtained
from the podiatrist. This subsection does not authorize the
release of any confidential information to instigate or
substantiate criminal charges against a patient.
(e) The board shall protect the identity of a patient whose
podiatric records are examined or provided under Subsection (c)
or (d), other than a patient who:
(1) is covered under Subsection (a)(1); or
(2) has submitted written consent to the release of the
patient's podiatric records as provided by Section 202.406.
(f) The privilege and confidentiality requirements under this
subchapter do not apply in a criminal prosecution in which the
patient is a victim, witness, or defendant. Records or
communications are not discoverable under this subsection until
the court in which the prosecution is pending makes an in camera
determination as to the relevancy of the records or
communications or part of the records or communications. The
court's determination does not constitute a determination as to
the admissibility of the records or communications or part of the
records or communications.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 202.405. OTHER EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY
REQUIREMENTS. (a) The privilege and confidentiality
requirements of this subchapter do not apply to, and a podiatrist
may disclose information made confidential under this subchapter
to:
(1) a government agency, if:
(A) the disclosure is required or permitted by law; and
(B) the agency protects the identity of a patient whose
podiatric records are examined;
(2) medical or law enforcement personnel, if the podiatrist
determines that there is a probability of:
(A) imminent physical injury to the patient, the podiatrist, or
another person; or
(B) immediate mental or emotional injury to the patient;
(3) qualified personnel for a management audit, financial audit,
program evaluation, or research;
(4) a person who presents the written consent of the patient or
a person authorized to act on the patient's behalf for the
release of confidential information, as provided by Section
202.406;
(5) an individual, corporation, or governmental entity involved
in the payment or collection of fees for services provided by a
podiatrist; or
(6) another podiatrist and a person under the direction of the
podiatrist who is participating in the diag