The Texas State Board of Podiatric Medical Examiners adopts new §371.3, concerning Qualification of Applicants, with changes as published in the December 24, 1999, issue of the Texas Register (24 TexReg 11687).

The changes are as follows: In §371.3(e) after National Board...we are adding of Podiatric Medical Examiners to better clarify the name of the entity.

The new rule is being adopted in accordance with the 1997 General Appropriations Act, Article IX, §167, requiring all agencies to review their rules. After initial review it was determined that there were numerous changes needed to this rule. The original rule is being repealed and replaced by this one. The new rule will clarify the old rule.

No comments were received regarding adoption of the new rule.

The new rule is adopted under Texas Occupations Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to 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 its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law regulating the practice of podiatry. (V.A.C.S. Art. 4568, Subsec (j)(part).)

The new rule implements the Podiatric Medical Practice Act, Texas Occupations Code, Chapter 202, §252 and §253.

§371.3. Qualification of Applicants.

(a)

All applicants shall have attained the age of 21 years.

(b)

If the applicant has ever been convicted of a felony or a crime of moral turpitude under the state laws of any state or the federal laws of the United States, the approval for licensure shall be at the discretion of the Board.

(c)

All applicants shall have completed the number of college courses required by the Texas Civil Statutes Article 4570(b)(3), and graduated from an accredited college of Podiatric Medicine in the United States. The applicant's entire course of instruction must be from such an approved college, and the college must have been so approved during the entire course of the applicant's course of instruction.

(d)

All applicants shall have successfully completed a course in cardiopulmonary resuscitation within the year previous to the application for licensing and provide a certification to that effect.

(e)

All applicant's shall have successfully passed all sections of the National Board and provide their scores directly from the National Board of Podiatric Medical Examiners to the Texas State Board of Podiatric Medical Examiners.

(f)

If §371.6(d) of this title (relating to Time, Place and Scope of Examinations) applies, all applicants must meet the overall minimum cut score for the criterion referenced exam. Each applicant shall cause their test scores from such exam to be sent directly from the testing entity to the Board.

(g)

Every applicant shall have completed at least one year of gpme with a hospital, clinic or institution acceptable to the Board in a gpme program approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association. Certified documentation of enrollment in said gpme program must accompany the application to the Board for licensing. This subsection, becomes effective at 12:01 a.m., July 1, 1995.

(h)

The Board approves and adopts by reference the standards for accreditation of gpme programs adopted by the Council on Graduate Podiatric Medical Education of the American Podiatric Medical Association. The standards are available from the Texas State Board of Podiatric Medical Examiners, P.O. Box 12216, Austin, Texas 78711-2216. The Board considers any college of podiatric medicine accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association as a college approved by the Board.

(i)

The applicant shall submit evidence sufficient for the Board to determine that the applicant has met all the requirements of this section and any other information reasonably required by the Board. Any application, diploma or certification, or other document required to be submitted to the Board that is not in the English language must be accompanied by a certified translation thereof into English.

(j)

At the discretion of the Board, the gpme requirement set forth in subsection (g) of this section (relating to Qualification of Applicant) may be waived if the applicant has been in active podiatric practice for at least five continuous years in another state under license of that state, and upon application to the Board can show an acceptable record from that state and from all other states under which the applicant has ever been licensed.

(1)

A showing of an acceptable record under this subsection is defined to include, but is not limited to, a showing that the applicant has not had entered against him a judgment, civil or criminal, in state or federal court or other judicial forum, on a podiatric medical-related cause of action, no conviction of a felony or a crime of moral turpitude, no disciplinary action recorded from any medical institution or agency or organization, including, but not limited to, any licensing board, hospital, surgery center, clinic, professional organization, governmental health organization or extended-care facility, and no dishonorable discharge from military service.

(2)

If any judgment or disciplinary determination under this subsection, has been on appeal, reversed, reversed and rendered, or remanded and later dismissed, or in any other way concluded in favor of the applicant, it shall be the applicant's responsibility to bring such result to the notice of the Board by way of certified letter along with any such explanation of the circumstances as the applicant deems pertinent to the Board's determination of admittance to licensure in the State of Texas.

(3)

The applicant shall obtain and submit to the Board a letter from any and all state boards under which he or she has ever been previously licensed stating that the applicant is a licensee in good standing with each said board or that said prior license or licenses were terminated or expired with the licensee in good standing.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2000.

TRD-200003180

Janie Alonzo

Staff Services Officer I

Texas State Board of Podiatric Medical Examiners

Effective date: May 25, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 305-7000