Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Chapter 371.
EXAMINATIONS
22 TAC §§371.1 - 371.6, 371.8, 371.11, 371.13
The Texas State Board of Podiatric Medical Examiners proposes
amendments to §§371.1 - 371.6, 371.8, 371.11 and 371.13, concerning
Examinations. The amendments are being proposed to make the necessary changes
needed to include the Texas Occupations Code numbering system that replaces
the old Texas Civil Statutes and to change the rules for the administration
of the examination to be changed from an oral to a jurisprudence exam.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the sections are in effect there will be no fiscal
implications as a result of enforcing or administering these sections.
Mr. Hymans has also determined that for each year for the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be that the candidates will not have to wait for six months
to take the test and therefore will be able to get a license and serve the
public more quickly. There will be no cost to the public, small, large or
micro businesses as a result of enforcing or administering these sections.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendments are being proposed 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.
The proposed amendments implement Texas Occupations Code, §202.254.
§371.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Act
--The Podiatric Medical
Practice Act,
Texas Occupations Code, §202.001, et seq
[
(2)
(No change.)
(3)
Board
--The Texas State
Board of Podiatric Medical Examiners as established and authorized by the
Podiatric Medical Practice Act of Texas,
Texas Occupations Code, §202.001,
et seq
[
(4) - (5)
(No change.)
(6)
Examinee
--A person who
has been admitted to take the examination given by or at the direction of
the Texas State Board of
Podiatric Medical
[
(7) - (8)
(No change.)
(9)
President
--The president
of the State Board of
Podiatric Medical
[
(10)
Secretary-treasurer
--The
secretary-treasurer of the State Board of
Podiatric Medical
[
§371.2.Applicant for License.
(a)
Any person who wishes to practice podiatric medicine in
this state, who is not otherwise licensed under law, must successfully pass
an examination given at the Board's direction pursuant to §371.11 of
this title (relating to Scoring and Reporting), and complete the graduate
podiatric medical education requirements as set forth herein, §371.3(f)
of this title (relating to Qualifications of Applicants). One who successfully
completes all the requirements for licensing as set forth in these rules and
who has made payment of all applicable fees shall be awarded a valid license
to practice podiatric medicine in the State of Texas for the term lawfully
stipulated by and under the conditions set forth in these Rules, and the Podiatric
Medical Practice Act of Texas,
Texas Occupations Code, §202, Subchapter
F
[
(b)
Any person who wishes to
sit
[
(c) - (f)
(No change.)
(g)
Temporary License.
(1) - (4)
(No change.)
(5)
All temporary licensees shall be subject to the same fees
and penalties as all other licensees as set forth in the Podiatric
Medical
[
(6)
(No change.)
(h) - (j)
(No change.)
§371.3.Qualification of Applicants.
(a) - (b)
(No change.)
(c)
All applicants shall have completed the number of college
courses required by the
Texas Occupations Code, §202.252(b)(3),
[
(d) - (e)
(No change.)
(f)
If §371.6(d) of this title (relating to
Administration
of Examination
[
(g) - (j)
(No change.)
§371.4.Qualifications of Candidates.
(a)
A candidate, to be eligible to take the examination given
by the Board, must not only meet the requirements of §371.3 of this title
(relating to Qualifications of Applicants) but must also be prepared to demonstrate
to the Board that such candidate is not disqualified from taking the examination
for any of the reasons set forth in
Texas Occupations Code, §202.253(a)(1)
- (18).
[
(b)
If any board member has sufficient reason to believe that
a candidate does not meet the requirements of
Texas Occupations Code, §202.252
and §202.253
[
(c)
The full Board or one or more board members appointed by
the president may conduct such hearing, as provided by §377.7(b) of this
title (relating to Conduct and Decorum).
§371.5.Approved Colleges of Podiatric Medicine in the United States.
The Board shall annually approve colleges of podiatric medicine in
the United States whose graduates are candidates for examination or licensing
under the provisions of
Texas Occupations Code, §202.252
[
Administration of Examination.
[
(a)
Examinations administered by the board for licensure
- To be eligible for licensure an applicant must sit for and pass the Texas
Podiatric medical jurisprudence examination administered by the board. The
board shall administer the Texas Podiatric medical jurisprudence examination
at times and places as designated by the board.
[
(b)
All candidates shall be provided a candidates
handbook that shall explain detailed information about the examination process
prior to exam administration.
(c)
[
(d)
[
(e)
[
§371.8.Exam Development Committee.
(a) - (b)
(No change.)
(c)
The Exam Development Committee shall construct examinations
from the committee's test specifications which reflects [
§371.11.Scoring [
[
[(b)
The Board shall notify each candidate
within 30 days from the examination date of the examination results.]
§371.13.Examination Disqualification.
(a)
Applicants who wish to take the examination but who may
be disqualified for reasons set out in
Texas Occupations Code, §202.253
[
(b) - (c)
(No change.)
(d)
Any applicant who is refused admittance to an examination
has the right to appeal such decision in accordance with §377.43 of this
title (relating to Procedure Governing Grievances, Hearings, and Appeals),
and
Texas Occupations Code §202.258
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on August 20, 2001.
TRD-200104849
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 305-7002
22 TAC §371.9, §371.10
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Podiatric Medical Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Podiatric Medical Examiners
proposed the repeal of §371.9 and §371.10, concerning Administration
of Examination and Skill Examiners. The repeal is being proposed to delete
rules that will no longer be needed when the new Jurisprudence examination
begins.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the repeal is in effect there will be no fiscal implications
as a result of enforcing or administering the repeal.
Mr. Hymans has also determined that for each year for the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be that it will be to eliminate rules that are no longer needed.
There will be no cost to the public, small, large or micro businesses as a
result of enforcing or administering the repeal.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas 78711-2216, Janie.Alonzo@foot.state.tx.us.
The repeals are proposed under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric mMedical 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.
The proposed repeals have no other implications.
§371.9.Administration of Examination.
§371.10.Skill Examiners.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on August 20, 2001.
TRD-200104848
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 305-7002
22 TAC §376.2, §376.21
The Texas State Board of Podiatric Medical Examiners proposes
amendments to §376.2 concerning Administrative Penalties and a new §376.21
regarding Definitions. The amendments are being proposed to make the necessary
changes needed to include the Texas Occupations Code numbering system that
replaces the old Texas Civil Statutes and to add a definition for investigator
to include the new podiatric medical reviewers.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the sections are in effect there will be no fiscal
implications as a result of enforcing or administering these sections.
Mr. Hymans has also determined that for each year for the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be more timely investigation of complaints filed with the board.
There will be no cost to the public, small, large or micro businesses as a
result of enforcing or administering these sections.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendments and new section are proposed under Texas Occupations
Code, §202.251, 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.
The proposed amendments and new section implement Texas Occupations Code, §202.204
and affects all of Chapter 376 regarding Violations and Penalties.
§376.2.Administrative Penalties.
(a) - (e)
(No change.)
(f)
If the final order of the
Board
[
(g) - (h)
(No change.)
§376.21.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on August 20, 2001.
TRD-200104850
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 305-7002
22 TAC §379.1
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §379.1, concerning Fees. The board must adopt this on
an emergency basis due to the fact that they must raise the renewal fee to
cover costs mandated by the 2002 - 2003 Appropriations Bill. The bill states
that we must raise additional revenue above and beyond what we already collect
in order to receive the funding.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the section is in effect there will be fiscal implications
as a result of enforcing or administering this section.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to allow the agency to recover sufficient revenue to cover
its costs in providing licensure for podiatric physicians and in servicing
requests for information to its licensees and the public. The additional cost
will be $90.00 for each podiatric physician each year. There will be no cost
to the public, small, large or micro businesses as a result of enforcing or
administering this section.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendments are proposed 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.
The proposed amendments implement the Texas Occupations Code §202.153.
§379.1.Fees.
(a)
The fees set by the Board
and
[
(b)
Fees are as follows:
(1) - (6)
(No change.)
(7)
Renewal--
$425
[
(8)
Renewal Penalty--as specified in
Texas Occupations
Code, Chapter 202, §301(d)
[
(9) - (15)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on August 20, 2001.
TRD-200104852
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 305-7002
Chapter 593.
LICENSES
Texas Civil Statutes, Article 4567, et seq
].
Texas Civil Statutes, Article 4567, et seq
].
Podiatry
]
Examiners as a requirement for licensing to practice podiatry in the State
of Texas.
Podiatry
] Examiners.
Podiatry
] Examiners.
Texas Civil Statutes, Article 4567B, et seq
].
set
]
for
the
examination, shall submit a written application on a form
provided by the Board. The applicant shall verify by affidavit the information
in the application. The Board may refuse to admit to the examination or grant
a license to any applicant who knowingly submits false information to the
Board.
medical
]Practice Act of Texas,
Texas Occupations Code, §202
et seq.
[
Article 4567 et seq.
], and subsequent amendments,
including
§202.153
[
Article 4574
] of said Act,
and Chapter 376 of this title (relating to Violations and Penalties), except
that temporary licensees are not subject to any Board rules concerning continuing
medical education.
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.
Time, Place and Scope of Examinations
]) applies,
all applicants must meet the overall minimum cut score for the
jurisprudence
[
criterion referenced
] exam. Each applicant shall cause
their test scores from such exam to be sent directly from the testing entity
to the Board.
Texas Civil Statutes, Article 4570(d)(1)- (18).
]
Texas Civil Statutes, Article 4570
], then
the board member may request the president to call a hearing to determine
whether the candidate is qualified to take the examination.
Texas Civil Statutes, Article 4570
]. The Board approves and adopts by
reference the standards for accrediting colleges of podiatric medicine adopted
by the Council on 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.
Time, Place and Scope of Examinations
]
The examination
may consist of sections, including written, practical, and oral, or any combination
of such.
]
(b)
] Candidates shall not be permitted
to bring
any source
[
medical books, notes, medical journals,
or other
] help into the examination room, or to communicate by word
or sign with another examinee while an examination is in progress without
permission of the presiding examiner and within the hearing of a designated
representative of the Board; nor shall the examinee leave the examination
room except when permitted by the presiding examiners and accompanied by a
member or an employee of the Board.
(c)
] A license shall not be issued
to any person who has been detected in a deceptive, dishonest or fraudulent
act while taking an examination required by the Board.
(d)
] At the option and in the complete
discretion of the Board, the examination may be conducted, in whole or in
part, upon a vote of a majority of the Board, by any school, institute, or
organization that is deemed by the same majority of the Board to provide adequate
and fair examinations of sufficient high standards as to continue to insure
high quality practitioners in the State of Texas. The manner of examination,
the time of examination and the scheduling of the examination, as well as
fee requirements and grading operations may then be delegated by the Board
to such an entity, provided, however, that examination results, grades and
copies of the examination are made available to the Board and are sent directly
from the delegated entity to the Board, and the Board is to maintain a record
of the examination results.
the
] knowledge
of the boards rules which govern the practice of podiatric medicine in Texas
[
and skills necessary for competent performance from the perspective
of public protection
].
and Reporting ].
(a)
]
The passing score for the examination shall
be determined by the Board using accepted criterion-referenced methods.
Texas Civil Statutes, Article 4570
], shall be entitled
to a hearing before the Board or a subcommittee of the Board, but such hearing
may be informal and need not be held in accordance with Chapter 377 of this
title (relating to Procedure Governing Grievances, Hearings, and Appeals).
Texas Civil Statutes,
Articles 4570
], and Government Code, §§2001.001 et. seq.
Chapter 376.
VIOLATIONS AND PENALTIES
board
] imposes an administrative penalty against a licensee, the licensee
may pay the amount of the penalty, pay the amount of the penalty and file
a petition for judicial review contesting the occurrence of the violation,
the amount of the penalty, or both, or the licensee may, without paying the
penalty, file a petition for judicial review contesting the occurrence of
the violation, the amount of the penalty, or both pursuant to
Texas Occupations
Code Subchapter L, §§202.551 - 202.561
[
Article 4567e
] .
Chapter 379.
FEES AND LICENSE RENEWAL
an
]
collected by the Board must be sufficient to meet the expenses of administering
the Podiatric Medical Practice Act, subsequent amendments, and the applicable
rules and regulations.
$335
]
Texas Civil Statutes, Article
4571, §1(e)-(h)
].
Part 25.
STRUCTURAL PEST CONTROL BOARD