22 TAC §379.1, §379.2
The Texas State Board of Podiatric Medical Examiners adopts
an emergency amendment to §379.1 and §379.2 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 2006-2007 Appropriations
Bill. The bill contains a contingency rider that states we must raise additional
revenue above and beyond our current revenue collections in order to receive
the funding. The renewal cycle for the board begins In September and ends
November 1st. We must have that increase in effect in order to raise the needed
revenue in fiscal year 2006. We must also change the process for calculating
penalty fees based on legislation enacted by Sec. 202.301 as amended by the
79th Leg., R.S. and S.B. 402.
The amendments are 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. This rule is also authorized by and affects Texas Occupations
Code §202.153 which authorized the board by rule to establish fees in
amounts reasonable and necessary to cover the cost of administering this chapter.
§379.1.Fees.
(a)
The fees set by the Board and 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.
(b)
Fees are as follows:
(1)
Examination--$250 plus $39 fee for HB660 (criminal history
record information).
(2)
Re-Examination--$250 plus $39 fee for HB660 (criminal history
record information).
(3)
Temporary License--$125.
(4)
Provisional License--$125.
(5)
Class II Temporary License--$50.
(6)
Temporary Faculty License--$40.
(7)
Initial Licensing Fee--$425 plus $5 fee for HB2985.
(8)
Annual Renewal--
$439
[
$425
] plus
$1 fee for HB2985.
(9)
Renewal Penalty--as specified in Texas Occupations Code,
Chapter 202.301(d).
(10)
Non certified podiatric technician registration--$25.
(11)
Non certified podiatric technician renewal--$25.
(12)
Duplicate License--$50.
(13)
Copies of Public Records--The changes to any person requesting
copies of any public record of the Board will be the charge established by
the Texas Building & Procurement Commission. The Board may reduce or waive
these charges at the discretion of the Executive Director if there is a public
benefit.
(14)
Statute and Rule Notebook--provided at cost to the agency.
(15)
Copy of CME printout--$5.
(16)
Duplicate Certificate--$10.
(17)
HB660 (criminal history record information)--$39.
§379.2.License Renewal.
(a)
A person may renew his unexpired license by paying to the
Board before the expiration date of the license the required renewal fee.
A license to practice podiatric medicine expires on October 31, of each year.
To be eligible to renew the license, a licensee must comply with the continuing
education requirements prescribed by the Board.
(b)
If a person's license has been expired for 90 days or less,
the person may renew the license by paying to the Board
a fee equal to
1-1/2 times
the required renewal fee [
and additional fee that is
one-half of the examination fee for the license
].
(c)
If a person's 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 all unpaid renewal fees and a fee that is equal to
two times
the required renewal fee
[
the examination fee for the license
].
(d)
If a person's license has been expired for one year or
longer, the person may not renew the license. The license is considered to
have been cancelled. The person may obtain a new license by submitting to
reexamination and complying with the requirements and procedures for obtaining
an original license. The Board may renew currently licensed and has been in
practice in the other state for the two years preceding application. The person
must complete an application prescribed by the Board and pay to the Board
a fee that is equal to the examination fee for the license.
(e)
The annual renewal application will be deemed to be written
notice of the impending license expiration forwarded to the person at the
person's last known address according to the records of the Board.
This agency hereby certifies that the emergency adoption
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 12, 2005.
TRD-200503356
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective Date: September 1, 2005
Expiration Date: December 29, 2005
For further information, please call: (512) 305-7002