TITLE 22.EXAMINING BOARDS

Part 18. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS

Chapter 371. EXAMINATIONS

22 TAC §371.2, §371.17

The Texas State Board of Podiatric Medical Examiners proposes an amendment to §371.2, concerning Applicant for License and new §371.17, concerning Residency Program Responsibilities. The amendments are being proposed to reflect the new timeframe and fee for the inclusion of FBI checks on applicants. The new rule is being proposed to give some guidance to the residency directors about the requirements for their residents.

Jim Zukowski, Ed.D., Executive Director has determined that for each year of the first five years the sections are in effect the fiscal implications will be an additional $39 for each applicant wishing to obtain a podiatry license in the state of Texas. 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 rules are in effect the public benefit anticipated as a result of enforcing the rules will be greater assurance that the applicant has no prior convictions. 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 amendment and new rule 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 amendment and new rule implements Texas Occupations Code, §202.153 and §202.259.

§371.2.Applicant for License.

(a) - (c) (No change.)

(d) The completed application and required supporting materials must be received by the Board staff no later than 60 [ 30 ] days before the first day of the examination. The materials supporting the application, such as transcripts of candidates, shall be received by the Board before the examination.

(e) (No change.)

(f) The full examination fee is $289 [ $250 ]. Only a certified check, Postal Service Money Order or Express Money Order shall be accepted. No examination fee will be refunded. The examination fee must be received by the Board at least 15 days before the date the applicant is scheduled to begin the examination.

(g) - (j) (No change.)

§371.17.Residency Program Responsibilities.

(a) All residency programs requesting temporary licenses for the podiatric physicians participating in the program must meet all American Podiatric Medical Association/Council on Podiatric Medical Education (APMA/CPME) requirements for accreditation.

(b) The residency director will be held responsible for the entire program including but not limited to:

(1) ensuring that the temporary licensee is practicing within the scope of the residency program requirements.

(2) the temporary licensee has read and understood the Act and Rules governing the practice of podiatric medicine.

(3) Ensuring that all residency program attendees are properly licensed with the Board prior to participation in the program.

(c) Within thirty (30) days of the start date of the program each year, the residency director must report to the Board a list of all residents enrolled in the program, the names of all of the directors in the program and which program each individual is enrolled in.

(d) The Board may inspect a facility or facilities housing a residency program to ensure compliance with the law and public safety.

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 May 25, 2005.

TRD-200502116

Janie Alonzo

Staff Services Officer V

Texas State Board of Podiatric Medical Examiners

Earliest possible date of adoption: July 10, 2005

For further information, please call: (512) 305-7002


Chapter 375. RULES GOVERNING CONDUCT

22 TAC §375.16

The Texas State Board of Podiatric Medical Examiners proposes new §375.16, concerning General Authority of Podiatrist to Delegate. The new rule is being proposed to establish rules for a podiatric physician to delegate duties.

Jim Zukowski, Ed.D., Executive Director has determined that for each year of the first five years the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

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 rule will be competent podiatric card. There will be no effect on small or micro-businesses. There are no economic costs to persons who are required to comply with the rule as proposed.

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 new rule is 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 laws 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 new rule implements Texas Occupations Code, §202.151.

§375.16.General Authority of Podiatrist to Delegate.

(a) A podiatrist licensed under Chapter 371 may delegate to a qualified and properly trained person acting under the podiatrist's appropriate supervision any medical act that a reasonable and prudent podiatrist would find within the scope of sound medical judgment to delegate if:

(1) the act:

(A) can be properly and safely performed by the person to whom the medical act is delegated;

(B) is performed in its customary manner; and

(C) is not in violation of any other statute; and

(2) the person to whom the delegation is made does not represent to the public that the person is authorized to practice podiatric medicine.

(b) The delegating podiatrist remains responsible for the medical acts of the person performing the delegated medical acts.

(c) The Texas State Board of Podiatric Medical Examiners may determine whether:

(1) an act constitutes the practice of podiatric medicine.

(2) a medical act may be properly or safely delegated by podiatrists.

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 May 25, 2005.

TRD-200502117

Janie Alonzo

Staff Services Officer V

Texas State Board of Podiatric Medical Examiners

Earliest possible date of adoption: July 10, 2005

For further information, please call: (512) 305-7002