Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Chapter 371.
EXAMINATIONS
22 TAC §§371.1 - 371.8, 371.11 - 371.17
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§371.1 - 371.8 and 371.11 - 371.17 concerning Examinations,
without changes to the proposed text as published in the January 6, 2006,
issue of the
Texas Register
(31 TexReg 15).
The text will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603310
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§371.1, 371.3, 371.5, 371.7, 371.9, 371.11, 371.13, 371.15, 371.17, 371.19, 371.21, 371.23, 371.25
The Texas State Board of Podiatric Medical Examiners adopts
new §§371.1, 371.3, 371.5, 371.7, 371.9. 371.11, 371.13, 371.15,
371.17, 371.19, 371.21, 371.23 and 371.25 concerning Examinations and Licensure
without changes to the proposed text as published in the January 6, 2006,
issue of the
Texas Register
(31 TexReg 16).
The text will not be republished.
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding those specific changes and a reasoned justification for
those changes. Some substantive changes seek to update the Board's rules to
conform to changes in the law occasioned by the enactment of S.B. 402 during
the 79th regular legislative session in 2005. In some cases, the changes reflect
the Board's decision that the rules, as they currently exist, require some
refinement; and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar.
The Board received one letter of comment jointly from the Texas Medical
Association and the Texas Orthopedic Association. The letter includes a comment
regarding proposed new §371.7(g), concerned that a 12-month residency
is not adequate to train a graduate from podiatry school to practice "medical
and surgical techniques on all aspects of the foot up to and including the
ankle." The letter states that the 12-month residency differs from the training
that various podiatric certifying boards require for specialty certification;
that because one or more certifying boards offers 3 levels of certification
based on the number of years of residency training a podiatrist has received;
and that, therefore, in the opinion of the TMA and TOA, the podiatry board
should issue three different types of podiatry license, depending on the number
of years of residency a podiatry school graduate completes. The board does
not agree with the comments. The rules adopted in Chapter 371, as they concern
the residency requirement consist merely of a renumbering of the sections
in which the residency rules were contained. The language of the rule itself
is not being amended from how it read prior to this rulemaking. The board
determined that the initial reasons for adopting those rules continue to exist.
As a result, additional reasoned justification for the language the letter
addresses is not required; however, the Board adopts by reference the reasons
set forth in the adoption preamble(s) that accompanied the text of that rule
when the text was previously adopted and amended.
In a more direct response to the comment, the Board notes that the statute
requires no residency, but authorizes the board to require applicants for
license to additional training requirements. The board has exercised its discretion
and applied its specialized knowledge in adopting a residency requirement.
The level to which a podiatrist will be permitted to perform certain surgical
procedures will depend on the level of ability that podiatrist exhibits. The
statute does not provide for three different types of podiatric license based
on number of years in residency. The one, two, and three-year requirements
the TMA/TOA letter cites are not legal requirements. Those requirements have
been adopted by private organizations to apply to licensed podiatrists who
wish to obtain additional private board certification, over and above licensure.
Private board certification in addition to a podiatry license is not required
to practice podiatry, just as private board certification in addition to a
medical license is not required to practice medicine.
The Board also notes that the practice of "Medicine" (Texas Occupations
Code §151.002(13)is defined as "the diagnosis, treatment, or offer to
treat a mental or physical disease or disorder or a physical deformity or
injury by any system or method, or the attempt to effect cures of those conditions,
by a person who: (A) publicly professes to be a physician or surgeon; or (B)
directly or indirectly charges money or other compensation for those services."
Furthermore, in part, General Eligibility Requirements for "medical" licensure
(Texas Occupations Code §155.003) require that the applicant be at least
21 years of age, has completed at least 60 hours of undergraduate courses
and successfully completed a one year residency. A holder of a "medical" license
(also with a minimum one year residency requirement for licensure) does not
have automatic free reign on the human body, as treatments are approved upon
credentialing at the hospital/medical staff level. For example, a cardiologist
would need to exhibit to the credentialing committee that he has the special
education and training necessary to perform a knee replacement procedure before
being permitted to perform one. A proctologist would need to exhibit to the
credentialing committee that he has the special education and training necessary
to perform an ocular procedure. An orthopedist would need to exhibit to the
credentialing committee that she has the special education and training necessary
to perform brain surgery. While those specialists hold medical licenses allowing
access to the entire body, their individual qualifications, as credentialed
at the hospital/medical staff level, limit their privileges for patient treatment
based on specialty and exhibited ability. This is all accomplished without
requiring a separate type of medical license for each type of medical doctor,
based on years of residency.
Likewise, the Texas State Board of Podiatric Medical Examiners sets forth
general requirements to obtain a license to practice podiatric medicine, including
a one-year residency. The podiatrist's practice is also reviewed and assessed
at the hospital/medical staff level. Local credentialing committees determine
privileges for podiatric physicians, as well, with those privileges limited
to the scope of "podiatry" as that term is defined in the law, but limited
even further, depending on the skills and education shown by the individual
practitioner.
The new rules 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.
These new rules, as adopted, implement the reorganization described above,
with the text of current Chapter 379 to be merged into new Chapter 371. This
reorganization updates the rules in a way that the rules remain consistent
with Texas Occupations Code §§202.001 - 202.606, as amended by S.B.
402, 79th Legislature, Regular Session (2005). Provisions related to the Licensing
of Guaranteed Student Loan Defaulters implement Texas Occupations Code Chapter
56 and Texas Education Code Chapter 57.
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 June 15, 2006.
TRD-200603321
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§373.1 - 373.7
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§373.1 - 373.7 concerning Identification of Practice
without changes to the proposed text as published in the January 6, 2006,
issue of the
Texas Register
(31 TexReg 21).
The text will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603311
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§373.1, 373.3, 373.5, 373.7, 373.9, 373.11, 373.13, 373.15
The Texas State Board of Podiatric Medical Examiners adopts
new §§373.1, 373.3, 373.5, 373.7, 373.9, 373.11, 373.13 and 373.15
concerning Advertising and Practice Identification without changes to the
proposed text as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 22).
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, this notice of adopted rule includes
discussion regarding those specific rules and a reasoned justification for
the rule. Some substantive changes seek to update the Board's rules to conform
to changes in the law occasioned by the enactment of S.B. 402 during the 79th
regular legislative session in 2005. In some cases, the changes reflect the
Board's decision that the rules, as they currently exist, require some refinement;
and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar.
New §373.13 seeks to clarify the limitations of proper advertising
to prevent misleading the public into what insurance payment provisions are
required of both the podiatric physician and the prospective patient. For
example, patients are required to make co-payments. That insurance requirement
cannot be waived by the podiatric physician to solicit patient business. Furthermore, §373.13
also clarifies that podiatric physicians can only advertise board certifications
that are approved by the Council on Podiatric Medical Education or the American
Podiatric Medical Association. Due to the ability of any person to obtain
questionable credentials in this age of mass communication via the internet,
the purpose of this provision is to ensure that the public is not misled or
deceived by exaggerated credentials not recognized by formal standards of
education and training.
No comments were received regarding the board's adoption of the new rules.
The new rules 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. These rules implement Texas Occupations Code §202.152,
concerning rules regarding advertising.
The proposed new rules implement the reorganization as current §375.3
to be merged to new Chapter 373. This reorganization updates the rule language
in a manner that ensures the rules remains consistent with Texas Occupations
Code §202.001 et seq., as amended by S.B. 402 of the 79th regular legislative
session (2005).
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 June 15, 2006.
TRD-200603322
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§375.1 - 375.6, 375.8 - 375.16
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§375.1 - 375.6 and 375.8 - 375.16 concerning Rules
Governing Conduct without changes to the proposed text as published in the
January 6, 2006, issue of the
Texas Register
(31
TexReg 25). The text will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603312
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§375.1, 375.3, 375.5, 375.7, 375.9, 375.11, 375.13, 375.15, 375.17, 375.19, 375.21, 375.23, 375.25, 357.27, 375.29, 375.31, 375.33
The Texas State Board of Podiatric Medical Examiners adopts
new §§375.1, 375.3, 375.5, 375.7, 375.9, 375.11, 375.13, 375.15,
375.17, 375.19, 375.21, 375.23, 375.25, 375.27, 375.29, 375.31 and 375.33
concerning Conduct and Scope of Practice with no changes to the proposed text
as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 25).
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, this notice of adopted rule includes
discussion regarding those specific rules and a reasoned justification for
the rule. Some substantive changes seek to update the Board's rules to conform
to changes in the law occasioned by the enactment of S.B. 402 during the 79th
regular legislative session in 2005. In some cases, the changes reflect the
Board's decision that the rules, as they currently exist, require some refinement;
and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar. Section 375.5 adds the provision for annual renewal of
Hyperbaric Oxygen Certification. Annual renewal is necessary to ensure that
podiatrists maintain modern techniques as recognized by the Undersea and Hyperbaric
Medical Society. This section also identifies the scope of this modality by
limiting it to the treatment of the foot and ankle as the entire body is submerged
in the dive. Section 375.7 adds the provision for annual renewal of Nitrous
Oxide/Oxygen Inhalation Conscious Sedation. Annual renewal is necessary to
ensure that podiatrists maintain modern didactic and clinical techniques for
the purpose of proper administration of Nitrous Oxide/Oxygen Inhalation Conscious
Sedation. Section 375.21 adds the cost of x-rays when a patient is requesting
copies of their records. Unlike photocopying paper records, separate radiological
machines and processes are utilized to duplicate x-ray films at cost. Finally §375.33
clarifies the level of offenses relating to sexual misconduct that can occur
in the setting of a doctor/patient relationship. Three levels of boundary
violations have been identified to categorize physician behavior responsive
to national patient advocacy guidelines.
The Texas State Board of Podiatric Medical Examiners is in receipt of a
February 2, 2006 public comment (the TMA/TOA letter) submitted by Robert T.
Gunby, M.D. and Steve Norwood, M.D., on behalf of the Texas Medical Association
and the Texas Orthopedic Association. The TMA/TOA letter references the litigation
currently involving adopted §375.1(2). The Board is aware that the case
is currently under appeal but that there is currently in effect the August
23, 2005 "Final Judgment" in Travis County District Court (Cause No. GN-204022)
adjudicating §375.1(2), as it appears in these new rules, to be valid
and to be within the Board's authority to promulgate.
The letter states an objection to the definition of foot contained in §375.1(2)
because the rule includes what is commonly known as the ankle in the definition
of "foot." The letter states that including the ankle within the definition
of the foot is a "distortion of the anatomical definition of the foot."
The Board disagrees with the comment. The adoption of §375.1(2), and
all the other rules in this chapter are re-adoptions of rules already in effect,
in accordance with the requirements of Texas Government Code §2001.039,
requiring the review of existing rules every four years. In accordance with
that law, the Board determined that the rules, in their entirety, continued
to exist, and that, therefore, they should be re-adopted. No additional justification
is required.
Figure: 22 TAC Chapter 375 -- Preamble (.pdf)
To reiterate the Board's position referenced in the March 23, 2001, issue
of the Texas Register: The definition of "podiatry"
provided by the podiatry practice act, Texas Occupations Code §202.001(4),
addresses the scope of practice of podiatry in broad, general terms. The board
had determined that there exists uncertainty among various groups resulting
from the lack of a definition of the term "foot" in the podiatric practices
act. Podiatrists were not entirely sure of the limits of their practice; insurance
companies were not sure for what procedures podiatrists may charge; hospitals
were not entirely sure about the scope of practice for podiatrists; and the
public had no guidance to determine whether a podiatrist is practicing within
the scope of practice. The board had determined that the definition of the
"foot" should be clarified for purposes of the practice of podiatry. It also
had determined that the definition should reflect the long-standing practice
of podiatry in the State of Texas. The definition the board had adopted was
based on a common sense approach to the treatment of patients that is medically
sound and protects the patient's interests. The board had applied its expertise
in identifying those injuries or other conditions that affect that ability
of the foot to function. The rule was arrived at after considering the public
welfare and safety, its effect on the consumer, and various definitions that
exist for foot. This definition best describes the foot as it functions in
the human body.
What commonly is referred to in layman's terms as the "ankle" was included
in the definition of "foot" because injury to the ankle causes a failure in
the foot's ability to function properly. A procedure on the ankle would be
within the podiatrist's scope of practice to the extent that the injury to
the ankle causes the inability of any part of the rest of the foot to function
properly. While a surgical procedure is being performed on the part of the
foot below the ankle, it frequently occurs that the tendon or ligament being
repaired is one which is attached to the lower part of the foot on one end
and is attached to a higher part of the foot, on the other end. The podiatrist
is in the best position to repair the damage on the higher end of that tissue
at the same time as the damage to the tissue is being repaired a few centimeters
below that spot. Although some of these tissues may be attached at the foot
on one end and as high as the knee at the other end, the board, by this rule,
limits the scope of podiatric practice to that area that is no higher up the
human body than the area at the level at which the structures affect the function
of the foot.
In other instances, after the podiatrist begins surgery, pathology to the
ankle and soft tissues of the lower leg is noted for the first time. The podiatrist
is in the best position to repair the damage during the surgery rather than
subjecting the patient to a separate surgical procedure on another day along
with the exposure to anesthesia, the discomfort, and other medical risks,
costs, and inconveniences that arise from having to return on another day
to perform a second procedure that could have been performed during the first
surgery. One alternative would be for the podiatrist to obtain another surgeon
while the patient is still anesthetized, to complete the repair, assuming
another surgeon can be found on short notice. The other option would be to
close the patient, leaving the injury as is, until another appointment can
be made for another surgery, risking additional injury to the patient in the
meantime. Both of those options are not acceptable, when the podiatrist is
trained to perform the procedure to repair the damage to the ankle. Of course,
a podiatrist that is not trained to perform surgery of the ankle or of the
tissues that attach to a location above the lower foot, would not be authorized
to perform the procedure, not because the definition does not allow it, but
because the proper practice of podiatric medicine consistent with the public
health and welfare would require an unqualified podiatrist to refrain from
attempting procedures that are not within the podiatrist's capability. The
podiatric practice act already protects against such an occurrence by making
it a violation of the act for a podiatrist to practice podiatry in a manner
inconsistent with the public health and welfare.
The new rules 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 new rules implement the reorganization as current Chapter 380
to be merged to Revised Chapter 375; Current Chapter 381 to be merged to Revised
Chapter 375; and Current Chapter 383 to be merged to Revised Chapter 375.
This reorganization updates the rules in a manner that ensures the rules remains
consistent with Texas Occupations Code §§202.001 et seq., as amended
by S.B. 402 of the 79th regular legislative session (2005). The provisions
related to sexual misconduct are responsive, but not limited to Texas Penal
Code, Title 5, regarding sexual offenses.
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 June 15, 2006.
TRD-200603323
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§376.1 - 376.11, 376.21
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§376.1 - 376.11 and §376.21 concerning Violations
and Penalties without changes to the proposed text as published in the January
6, 2006, issue of the
Texas Register
(31 TexReg
31). The text will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603313
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§376.1, 376.3, 376.5, 376.7, 376.9, 376.11, 376.13, 376.15, 376.17, 376.19, 376.21, 376.23, 376.25, 376.27, 376.29, 376.31, 376.33, 376.35
The Texas State Board of Podiatric Medical Examiners adopts
new §§376.1, 376.3, 376.5, 376.7, 376.9, 376.11, 376.13, 376.15,
376.17, 376.19, 376.21, 376.23, 376.25, 376.27, 376.29, 376.31, 376.33, and
376.35 concerning Violations and Penalties without changes to the proposed
text as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 32).
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, this notice of adopted rule includes
discussion regarding those specific rules and a reasoned justification for
the rule. Some substantive changes seek to update the Board's rules to conform
to changes in the law occasioned by the enactment of S.B. 402 during the 79th
regular legislative session in 2005. In some cases, the changes reflect the
Board's decision that the rules, as they currently exist, require some refinement;
and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar. Section 376.5 increases the maximum penalty per violation
from $2,500 to $5,000 as required by amendments to Texas Occupations Code, §202.552.
Section 376.15 implements the board's authority to issue cease and desist
orders as authorized by §202.6015. Section 376.17 implements the board's
the authority to issue refund orders as authorized by §202.5085. Refund
orders are not a means for a patient to seek restitution from the physician
beyond actual out-of-pocket costs rendered for podiatric services provided.
For example, a patient may not receive compensation for pain and suffering,
even if such compensation is labeled as a refund. The board will look at the
substance of the relief requested and the violation that is alleged in determining
whether a refund is appropriate. In addition, an order requiring a refund
of co-payments is not permitted. Physicians are required to collect co-payments
in accordance with insurance industry standards. Insurance requirements cannot
be waived by the podiatric physician to solicit patient business. Section
376.19(a) clarifies other actions which rise to the level of a criminal violation
of practice without a license as provided in Texas Occupations Code §202.605.
Section 376.19(c) implements the statutory provisions that authorize the board
to conduct unannounced visits. In addition to allowing the board to investigate
and confirm that a licensee is complying with the laws of podiatry, this provision
also implements a program authorized by statute for the board to investigate
whether or not a licensee on suspension is practicing podiatry in violation
of a Board order as authorized by Texas Occupations Code §202.602. Section
376.21 provides a process for the temporary suspension of a license as authorized
by Texas Occupations Code §202.510, for situations that pose an immediate
threat to public welfare. Section 376.27(a) clarifies the means and manner
in which complaints can be filed with the Board and also describes categories
of complaints investigated by the Board as required by amendments to Texas
Occupations Code §202.204. Section 376.27(b) clarifies that the Board
shall periodically notify the complaint parties of the status of the complaint
until final disposition in accordance with requirements of Texas Occupations
Code §202.204. Section 376.27(d) implements a requirement of federal
law that all board actions be reported to the National Practitioner Data Bank/Healthcare
Integrity Protection Data Bank as required by Section 1921 and Section 1128E
of the Social Security Act. Section 376.27(f) identifies the Board's role
and duty in pursuing alleged crimes by conducting requisite criminal investigations
and cooperating with law enforcement agencies in the investigation and prosecution
of those crimes. This section is also responsive to the Board's duties related
to conducting criminal background checks through the Texas Department of Public
Safety, the Federal Bureau of Investigation and any other means necessary
to ensure the proper practice of podiatric medicine, as authorized by Texas
Occupations Code §202.509(e), Texas Occupations Code Chapter 53, H.B.
660 pursuant to the acts of the 78th Legislature and implementation of Texas
Government Code Sections 411.087 and 411.122. Section 376.29 implements the
board's authority to monitor licensee compliance as authorized by Texas Occupations
Code §202.602. Section 376.31 consists of factors and criteria that the
board will consider when faced with a licensee whose background and criminal
history checks turn up positive or who are otherwise implicated in matters
related to criminal activity. They also contain guidelines required by Texas
Occupations Code Chapter 53, concerning disciplinary action resulting from
a felony conviction as authorized by Texas Occupations Code §202.1525.
No comments were received regarding the board's adoption of the new sections.
The new rules 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 new rules implement the reorganization of current Chapter 376.
This chapter will remain separate but has been updated to reflect amendments
to Chapter 202 of the Occupations Code during the 2005 regular legislative
session. This reorganization updates the rules in a manner that ensures the
rules remain consistent with Texas Occupations Code §§202.001 et
seq., as amended by S.B. 402 of the 79th regular legislative session (2005).
Provisions related to reporting Board disciplinary actions to the National
Practitioner Databank - Healthcare Integrity Protection Databank implement
Section 1921 and Section 1128E of the Social Security Act. Provisions related
to the Consequences of Background and Criminal History Checks implement Texas
Occupations Code Chapter 53, H.B. 660 pursuant to the acts of the 78th Legislature
and implementation of Texas Government Code §411.087 and §411.122.
Provisions related to criminal investigations are also responsive to all titles
found within the Texas Penal Code as executed through the Texas Code of Criminal
Procedure, efforts to fight waste, fraud and abuse pursuant to Governor Perry's
Executive Order RP-36; and Texas Occupations Code §202.509(e) related
to the board's cooperation with law enforcement.
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 June 15, 2006.
TRD-200603324
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§377.1 - 377.3, 377.5 - 377.12, 377.14 - 377.16, 377.19 - 377.22, 377.24, 377.27, 377.31 - 377.38, 377.41, 377.45
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§377.1 - 377.3, 377.5 - 377.12, 377.14 - 377.16,
377.19 - 377.22, 377.24, 377.27, 377.31 - 377.38, 377.41 and 377.45 concerning
Procedures Governing Grievances, Hearings, and Appeals without changes to
the proposed text as published in the January 6, 2006, issue of the
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603314
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§377.1, 377.3, 377.5, 377.7, 377.9, 377.11, 377.13, 377.15, 377.17, 377.19, 377.21, 377.23, 377.25, 377.27, 377.29, 377.31, 377.33, 377.35, 377.37, 377.39, 377.41, 377.43, 377.45, 377.47, 377.49, 377.51, 377.53, 377.55, 377.57, 377.59
The Texas State Board of Podiatric Medical Examiners adopts
new §§377.1, 377.3, 377.5, 377.7, 377.9, 377.11, 377.13, 377.15,
377.17, 377.19, 377.21, 377.23, 377.25, 377.27, 377.29, 377.31, 377.33, 377.35,
377.37, 377.39, 377.41, 377.43, 377.45, 377.47, 377.49, 377.51, 377.53, 377.55,
377.57 and 377.59 concerning Procedures Governing Grievances, Hearings, and
Appeals without changes to the proposed text as published in the January 6,
2006, issue of the
Texas Register
(31 TexReg
39).
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, this notice of adopted rule includes
discussion regarding those specific rules and a reasoned justification for
the rule. Some substantive changes seek to update the Board's rules to conform
to changes in the law occasioned by the enactment of S.B. 402 during the 79th
regular legislative session in 2005. In some cases, the changes reflect the
Board's decision that the rules, as they currently exist, require some refinement;
and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar.
No comments were received regarding the board's adoption of the new sections.
The new rules 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 new rules implement the reorganization and incorporation of
the provisions contained in Chapter 379 of the rules, which has been repealed.
This chapter will remain separate but has been updated to reflect amendments
to Chapter 202 of the Occupations Code during the 2005 regular legislative
session. This reorganization updates the rules in a manner that ensures the
rules remain consistent with Texas Occupations Code §§202.001 et
seq., as amended by S.B. 402 of the 79th regular legislative session (2005).
This Chapter also implements Texas Government Code Chapter 2009 and is responsive
to Texas Government Code Chapter 2001.
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 June 15, 2006.
TRD-200603325
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§378.1 - 378.3, 378.5 - 378.8
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§378.1 - 378.3 and 378.5 - 378.8 concerning Continuing
Education without changes to the proposed text as published in the January
6, 2006, issue of the
Texas Register
(31 TexReg
43). The text will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603315
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§378.1, 378.3, 378.5, 378.7, 378.9, 378.11, 378.13
The Texas State Board of Podiatric Medical Examiners adopts
new §§378.1, 378.3, 378.5, 378.7, 378.9, 378.11 and 378.13 concerning
Continuing Education and License Renewal without changes to the proposed text
as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 44).
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, this notice of adopted rule includes
discussion regarding those specific rules and a reasoned justification for
the rule. Some substantive changes seek to update the Board's rules to conform
to changes in the law occasioned by the enactment of S.B. 402 during the 79th
regular legislative session in 2005. In some cases, the changes reflect the
Board's decision that the rules, as they currently exist, require some refinement;
and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar.
Section 378.13 bases the penalty for expired licenses on the amount for
annual license renewal rather than the amount for examination application
fee as required by amendments to Texas Occupations Code §202.301.
No comments were received regarding the board's adoption of the new sections.
The new rules 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 new rules implement the reorganization of old Chapter 378,
which these rules replace. To the extent applicable, this Chapter has been
updated to reflect amendments to Chapter 202 of the Occupations Code during
the 2005 regular legislative session. This reorganization updates the rules
in a manner that ensures the rules remain consistent with Texas Occupations
Code §§202.001 et seq., as amended by S.B. 402 of the 79th regular
legislative session (2005).
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 June 15, 2006.
TRD-200603326
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §379.1, §379.2
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §379.1 and §379.2 concerning Fees and Renewal without
changes to the proposed text as published in the January 6, 2006, issue of
the
Texas Register
(31 TexReg 46). The text
will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603316
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §380.1
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §380.1 concerning Hyperbaric Oxygen Guidelines without
changes to the proposed text as published in the January 6, 2006, issue of
the
Texas Register
(31 TexReg 46). The text
will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603317
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§381.1 - 381.8
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§381.1 - 381.8 concerning Relative Analgesia without
changes to the proposed text as published in the January 6, 2006, issue of
the
Texas Register
(31 TexReg 47). The text
will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001
- 202.606, as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603318
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§382.1 - 382.6
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §§382.1 - 382.6 concerning Podiatric Medical Technicians
without changes to the proposed text as published in the January 6, 2006,
issue of the
Texas Register
(31 TexReg 48).
The text will not be republished.
The repeal is being adopted as the culmination to the rule review process
wherein the Board reviews its rules in their entirety every four years, as
required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the current rules, instead of being amended, are being repealed in their entirety
at the same time that new rules to replace them are being adopted in their
entirety. For the most part, the text of the new rules will be identical to
the current rules--only the section number will have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, the notice of adopted rule will include
discussion regarding the change and a reasoned justification for that change.
Some substantive changes seek to update the Board's rules to conform to changes
in the law occasioned by the enactment of S.B. 402 during the 79th regular
legislative session in 2005. In some cases, the changes reflect the Board's
decision that the rules as they currently exist require some refinement; and
in some cases, the change in the rule merely consists of clarification of
the current rule, correction of a grammatical or typographical error, or something
similar.
No comments were received regarding the board's repeal of these rules.
The repeal is being 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 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 repeal implements the reorganization described above, with the text
of current Chapter 379 to be merged into new Chapter 371; current Chapter
380 to be merged into new Chapter 375; current Chapter 381 to be merged into
new Chapter 375; Chapter 376 will remain separate but has been updated to
reflect certain changes in the law; current Chapter 382 will remain separate
but with a change in heading to "Radiologic Technologists;" and current Chapter
383 to be merged into new Chapter 375. This reorganization updates the rules
in a way that the rules remain consistent with Texas Occupations Code §§202.001-202.606,
as amended by S.B. 402, 79th Legislature, Regular Session (2005).
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 June 15, 2006.
TRD-200603319
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
22 TAC §§382.1, 382.3, 382.5, 382.7, 382.9, 382.11
The Texas State Board of Podiatric Medical Examiners adopts
new §§382.1, 382.3, 382.5, 382.7, 382.9 and 382.11 concerning Radiologic
Technologists without changes to the proposed text as published in the January
6, 2006, issue of the
Texas Register
(31 TexReg
49).
These new rules have been adopted as the culmination to the rule review
process wherein the Board reviews its rules in their entirety every four years,
as required by Government Code §2001.039. The review was completed, and
the Board has determined that the reasons the rules initially were adopted
continue to exist. However, the Board has also determined that a few substantive
changes are necessary for a few of the rules and that a comprehensive and
non-substantive re-organization of the rules is needed, as well. Part of the
comprehensive reorganization of the Board's rules under 22 Texas Administrative
Code (TAC) Part 18, includes collapsing related administrative provisions,
currently spread out in various chapters of the TAC, into fewer, more understandable
and functional chapters that follow a more logical progression. Regarding
this re-organization of the rules, the board determined that, given the large
number of rules involved, administrative inconvenience and probable reader
confusion would arise from striking a large volume of individual sections,
paragraphs, or clauses and then adding those same sections, paragraphs, or
clauses elsewhere in the rules, as would have otherwise been required by the
formatting and style requirements for amending rules. To avoid reader confusion,
the old rules that these new rules replace, instead of being amended, were
repealed in their entirety at the same time that these new rules were adopted
in their entirety. For the most part, the text of the new rules remains identical
to the text of the old rules they replace--only some section numbers will
have changed.
To a lesser degree, certain new rules with new text are being adopted,
and a few substantive changes are being made to some of the rules that are
being repealed and that are being adopted in another chapter of the Board's
rules. To the extent that this occurs, this notice of adopted rule includes
discussion regarding those specific rules and a reasoned justification for
the rule. Some substantive changes seek to update the Board's rules to conform
to changes in the law occasioned by the enactment of S.B. 402 during the 79th
regular legislative session in 2005. In some cases, the changes reflect the
Board's decision that the rules, as they currently exist, require some refinement;
and in some cases, the change in the rule merely consists of clarification
of the current rule, correction of a grammatical or typographical error, or
something similar.
The following new rules contain language that differs from the language
in the original rules as they read under old Chapter 382, which has been repealed:
The heading for Chapter 382 is changed to "Radiologic Technologists."
New §382.9 decreases the penalty time-frame from one to ninety days
to one to thirty days and also changes the penalty amount from $5.00 to $25.00
to ensure timely and proper registration of technicians.
The Texas State Board of Podiatric Medical Examiners is in receipt of a
February 2, 2006 public comment submitted by Robert T. Gunby, M.D. and Steve
Norwood, M.D., on behalf of the Texas Medical Association and the Texas Orthopaedic
Association, to the Board's proposed rules published in the January 6, 2006,
issue of the
Texas Register
.
The TMA/TOA states that the proposed §382.7(a) allowing a podiatrist
to delegate "certain radiological procedures affecting the ankle to a non-certified
podiatric technician" "parlays upon the anatomically incorrect definition
of the foot" and that it does not conform to the podiatrist's education, training,
and experience or to that of the technician who is delegated the tasks. The
Board does not agree with the comments. The definition of the term foot is
not proposed in this chapter and is not at issue in this rulemaking. The Board
determined that the ankle is included in the definition of the foot in 2001;
and that is the language that has remained in effect to date. The adoption
of rule §382.7(a) is merely a re-adoption of a rule already in effect,
in accordance with the requirements of Texas Government Code §2001.039,
requiring the review of existing rules every four years. In accordance with
that law, the Board determined that the reasons why the rule was originally
adopted continued to exist, and that, therefore, it should be re-adopted.
No additional justification is required.
Concerns relating to the delegation of "certain radiological procedures
affecting the ankle to a non-certified podiatric technician" are misplaced.
It is within the podiatrist's scope of practice to treat the ankle, and so,
too, the podiatrist may delegate radiologic procedures to qualified people
as determined pursuant to the laws regulating podiatry, radiologic procedures
and delegation authority.
The new rules 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 new rules implement the reorganization of old Chapter 382.
This reorganization updates the rules in a manner that ensures the rules remain
consistent with Texas Occupations Code Section 202.001 et seq., as amended
by S.B. 402 of the 79th regular legislative session (2005). This reorganization
also implements Texas Occupations Code §601.252.
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 June 15, 2006.
TRD-200603327
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: July 5, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 305-7000
Chapter 371.
EXAMINATION AND LICENSURE
Chapter 373.
IDENTIFICATION OF PRACTICE
Chapter 373.
ADVERTISING AND PRACTICE IDENTIFICATION
Chapter 375.
RULES GOVERNING CONDUCT
Chapter 375.
CONDUCT AND SCOPE OF PRACTICE
Chapter 376.
VIOLATIONS AND PENALTIES
Chapter 377.
PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
Chapter 378.
CONTINUING EDUCATION
Chapter 378.
CONTINUING EDUCATION AND LICENSE RENEWAL
Chapter 379.
FEES AND RENEWAL
Chapter 380.
HYPERBARIC OXYGEN GUIDELINES
Chapter 381.
RELATIVE ANALGESIA
Chapter 382.
PODIATRIC MEDICAL TECHNICIANS
Chapter 382.
RADIOLOGIC TECHNOLOGISTS
Chapter 383.
SEXUAL MISCONDUCT