Part XVIII.
Texas State Board of Podiatric Medical Examiners
Chapter 376.
Violations and Penalties
22 TAC §376.1
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §376.1, concerning Violations and Penalties. The amendments
are being proposed to comply with Chapter 36, Subdivision D, §36.131
of the Human Resources Code regarding medicaid fraud.
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 also has 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 better control over podiatric physicians who commit medicaid
fraud.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer I, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas 78711- 2216.
The amendment is proposed under Texas Civil Statutes, Article
4568(j), which provides the Texas State Board of Podiatric Medical Examiners
with the authority to adopt all reasonable or necessary rules, regulations,
and by-laws not inconsistent with the law regulating the practice of podiatric
medicine, the laws of this state, or of the United States; to govern its proceedings
and activities, the regulation of the practice of podiatric medicine, and
the enforcement of the law regulating the practice of podiatric medicine.
The proposed amendment implements Chapter 36, Subdivision D §36.131
of the Human Resources Code.
§376.1. Penalties.
(a)
Any podiatric physician who violates any provision
of these rules, or any provision of the Podiatric Medical Practice Act of
Texas shall be, at the discretion of the Board, subject to the following penalties:
(1)-(7)
(No change.)
(b)
The Board shall revoke a license
by their authority to a podiatric physician (licensee) if that licensee has
been convicted of a felony under Chapter 36, Subdivision D, §36.131 of
the Human Resources Code, to wit:
(1)
a state jail felony if the value of any payment
or monetary in-kind benefit provided under the Medicaid program, directly
or indirectly, as a result of an unlawful act is $1,500 or more but less than
$20,000;
(2)
a felony of the third degree if the value
of any payment or monetary benefit provided under the Medicaid program, directly
or indirectly, as a result of an unlawful act is $20,000 or more, but less
than $100,000;
(3)
a felony of the second degree if the value
of any payment or monetary or in-kind benefit provided under the Medicaid
program, directly or indirectly, as a result of the unlawful act is $100,000
or more but less than $200,000;
(4)
a felony of the first degree if the value
of the payment or monetary or in-kind benefit provided under the Medicaid
program, directly or indirectly, as a result of the unlawful act is $200,000
or more.
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.
Issued in Austin, Texas, on December 31, 1997.
TRD-9800032
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 16, 1998
For further information, please call: (512) 305-7000
22 TAC §378.1, §378.8
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §378.1 and §378.8, concerning Continuing Education.
The amendments are being proposed to change the due dates for continuing medical
education to be submitted to the Board.
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 also has 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 more knowledgeable podiatric physicians. No additional cost
is anticipated for the podiatric physicians or the public.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer I, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas 78711- 2216.
The amendments are proposed under Texas Civil Statutes, Article
4568(j), which provides the Texas State Board of Podiatric Medical Examiners
with the authority to adopt all reasonable or necessary rules, regulations,
and by-laws not inconsistent with the law regulating the practice of podiatric
medicine, the laws of this state, or of the United States; to govern its proceedings
and activities, the regulation of the practice of podiatric medicine, and
the enforcement of the law regulating the practice of podiatric medicine.
The proposed amendments implement the Podiatric Medical Practice Act, Article
4571(c).
§378.1. Continuing Education Required.
(a)
Each person licensed to practice podiatric medicine in
the State of Texas is required to have
30
[
(b)
These hours of continuing education must be obtained in
the
24-month
[
[
The year will begin annually
on September 1 and will extend until August 31 of the following year.]
[
Notice is hereby given that receipt
for proof of completion of the required
30
[
(c)
(No change.)
(d)
Continuing Education obtained as part of a disciplinary
action is not acceptable credit towards the total of
30
[
§378.8. Inactive License Status.
(a)-(b)
(No change.)
(c)
A licensee may remain on inactive status for
four
[
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.
Issued in Austin, Texas, on December 31, 1997.
TRD-9800033
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 16, 1998
For further information, please call: (512) 305-7000
Chapter 378.
Continuing Education
15
] hours
of continuing education
bi-annually
[
annually
] for the
renewal of their license to practice podiatric medicine.
Two hours
[
One hour
] of the required
30
[
15
] hours
of annual continuing education may be a course, class, seminar, or workshop
in Ethics.
12- month
] period immediately preceding
the
years
[
year
] for which the license is issued.
The two-year period will begin on September 1 and end on August 31 two years
later. The cme requirement will be either odd or even based on whether the
original licensure was in an odd or even year.
A licensee who completes
more than the required
30
[
15
] hours during the preceding
cme
[
licensing
] period may carry forward a maximum of
10
[
five
] hours for the next
cme
[
license
] period. Each licensee shall maintain records for
four
[
three
] years evidencing completion of the continuing education programs
completed by the licensee.
(1)
(2)
]
15
] hours
must be received by the State Board of Podiatric Medical Examiners no later
than August 31, of the relevant
2 year cme period
[
year
].
Receipt of completion of such requirement after August 31 date subjects the
practitioners to the penalty fees for late license renewal as provided in
§379.2 of this title (relating to Fees and License Renewal).
15
] hours required
bi-annually
[
annually
].
three
] years. In order for a licensee to return to active
status, the licensee must complete 15 hours of continuing education per year
of inactive status not to exceed
four
[
three
] years
in addition to any outstanding hours of continuing education and pay the required
renewal license fees prior to the expiration of the
four
[
three
] years. If licensee does not return to active status prior to
the expiration of three years, the license is delinquent and the licensee
must pay a late renewal penalty in addition to the requirements for returning
to active status.
Chapter 380.
Hyperbaric Oxygen Guidelines