TITLE 22. EXAMINING BOARDS

Part 18. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS

Chapter 373. ADVERTISING AND PRACTICE IDENTIFICATION

22 TAC §§373.3, 373.7, 373.13

The Texas State Board of Podiatric Medical Examiners adopts an amendment to §§373.3, 373.7 and 373.13 concerning Practitioner Identification, Corporate Trade Names and Assumed Names and Advertising without changes to the proposed text as published in the June 1, 2007, issue of the Texas Register (32 TexReg 2972). The text will not be republished.

The proposed amendments are being adopted to clarify a practitioners ability to properly identify their practice consistent with board jurisdiction to prevent misleading or deceptive advertising. Section 373.3 provides certain designations of which a podiatrist shall identify his or her practice. The adopted amendment clarifies that any other designation not delineated in the board's rules be approved by the board prior to its use. Section 373.7 seeks to clarify that, although the board is required to approve corporate trade names and assumed names, the board only does so within the advertising scope of practice for podiatry. This adopted amendment ensures that the registration of such names fall upon the civil jurisdiction of the local county clerks office or the Texas Secretary of State. Section 373.13 is amended to allow specialty board certification that is not recognized by the Council on Podiatric Medical Education or the American Podiatric Medical Association providing that a non CPME-APMA recognized specialty board meet certain standards for the benefit of public health and safety. In the modern age of the internet and with technology availability to any person, there is always a possibility of an individual creating false, deceptive, misleading credentials with the use of computers. This adopted rule allows for non CPME-APMA specialty boards to validly be advertised by their members upon proof of a legitimate organization.

No comments were received regarding the board's adoption of the amended rules.

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 laws regulating the practice of podiatry.

The adopted amendments implement the Texas Occupations Code §202.253(a)(6)(7) and §202.352.

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 August 20, 2007.

TRD-200703738

Janie Alonzo

Staff Services Officer V

Texas State Board of Podiatric Medical Examiners

Effective date: September 9, 2007

Proposal publication date: June 1, 2007

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


Chapter 378. CONTINUING EDUCATION AND LICENSE RENEWAL

22 TAC §378.13

The Texas State Board of Podiatric Medical Examiners adopts an amendment to §378.13 concerning License Renewal without changes to the proposed text as published in the June 1, 2007, issue of the Texas Register (32 TexReg 2974). The text will not be republished.

The amendment is being adopted to clarify that the board's rules for license renewal are consistent with Texas Occupations Code §202.301 and related statutes.

No comments were received regarding the board's adoption of the amended rule.

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 laws regulating the practice of podiatry.

The adopted amendments implement the Texas Occupations Code §§202.251, 202.262, 202.301, 202.303, 202.6015 and 202.605.

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 August 20, 2007.

TRD-200703739

Janie Alonzo

Staff Services Officer V

Texas State Board of Podiatric Medical Examiners

Effective date: September 9, 2007

Proposal publication date: June 1, 2007

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


Chapter 382. NON-CERTIFIED RADIOLOGIC TECHNICIANS

22 TAC §382.9

The Texas State Board of Podiatric Medical Examiners adopts an amendment to §382.9 concerning Annual Renewal without changes to the proposed text as published in the June 1, 2007, issue of the Texas Register (32 TexReg 2975). The text will not be republished.

The amendment is being adopted to clarify the proper designation of staff employed by a podiatrist who is a non-certified radiologic technician as opposed to a medical radiologic technologist defined in the Medical Radiologic Technologist Certification Act under the jurisdiction of the Texas Department of State Health Services. The amendment also removes the erroneous requirement that a technician provide proof of mandatory continuing medical education upon annual registration as no such continuing education courses exist.

No comments were received regarding the board's adoption of the amended rule.

The amendment is adopted under Texas Occupations Code, §202.141, 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 laws regulating the practice of podiatry.

The adopted amendment implements 25 TAC Part 1 §143.20(e).

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 August 20, 2007.

TRD-200703740

Janie Alonzo

Staff Services Officer V

Texas State Board of Podiatric Medical Examiners

Effective date: September 9, 2007

Proposal publication date: June 1, 2007

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