22 TAC §379.1, §379.2
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §379.1 and §379.2 concerning Fees. The amendments
are being proposed so that the board can 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. We must also change the
process for calculating penalty fees based on legislation enacted by Sec.
202.301 as amended by 79th Leg., R.S. and S.B. 402.
Jim Zukowski, Ed.D., Executive Director, has determined that for each year
of the first five years the sections is in effect, the fiscal implications
will be an additional $14 per licensee for renewal. For the individuals who
renew late, the increase will be an additional $72 for the first 90 days or
$184 for 91 days to one year. There will also be a $10 increase for all Radiologic
Technologists applications and renewals. There will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections.
Dr. Zukowski 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 rules will be to allow the agency to recover sufficient revenue
to cover its costs in providing licensure for podiatric physicians. There
will be no effect on small or micro-businesses.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer V, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, TX 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. 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.
The proposed amendments implement the Texas Occupations Code §202.153.
§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--
$35
[
$25
].
(11)
Non certified podiatric technician renewal--
$35
[
$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 with reexamination an expired license
of a person who was licensed in this state, moved to another state, and is
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 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 12, 2005.
TRD-200503357
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: September 25, 2005
For further information, please call: (512) 305-7002