73R9671 DRH-D
          By Black, Berlanga                                    H.B. No. 1514
          Substitute the following for H.B. No. 1514:
          By Berlanga                                       C.S.H.B. No. 1514
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of podiatry and to the continuation and
    1-3  functions of the Texas State Board of Podiatry Examiners; providing
    1-4  a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 4567, Revised Statutes, is amended to
    1-7  read as follows:
    1-8        Art. 4567.  DEFINITIONS.  (a)  Any person shall be regarded
    1-9  as practicing podiatry <chiropody> within the meaning of this law,
   1-10  and shall be deemed and construed to be a podiatrist <chiropodist>,
   1-11  who shall treat or offer to treat any disease or disorder, physical
   1-12  injury or deformity, or ailment of the human foot by any system or
   1-13  method and charge therefor, directly or indirectly, money or other
   1-14  compensation, or who shall publicly profess or claim to be a
   1-15  chiropodist, podiatrist, pedicurist, foot specialist, doctor or use
   1-16  any title, degree, letter, syllable, word or words that would tend
   1-17  to lead the public to believe such person was a practitioner
   1-18  authorized to practice or assume the duties incident to the
   1-19  practice of podiatry <chiropody>.
   1-20        (b)  In this chapter:
   1-21              (1)  "Board" means the Texas State Board of Podiatry
   1-22  Examiners.
   1-23              (2)  "Executive director" means the employee of the
   1-24  board who manages the day-to-day operations of the board.
    2-1        SECTION 2.  Chapter 11, Title 71, Revised Statutes, is
    2-2  amended by adding Article 4567e to read as follows:
    2-3        Art. 4567e.  ADMINISTRATIVE PENALTY.  (a)  The board may
    2-4  impose an administrative penalty against a person licensed or
    2-5  regulated under this chapter who violates this chapter or a rule or
    2-6  order adopted under this chapter.
    2-7        (b)  The penalty for a violation may be in an amount not to
    2-8  exceed $2,500.   Each day a violation continues or occurs is a
    2-9  separate violation for purposes of imposing a penalty.
   2-10        (c)  The amount of the penalty shall be based on:
   2-11              (1)  the seriousness of the violation, including the
   2-12  nature, circumstances, extent, and gravity of any prohibited acts,
   2-13  and the hazard or potential hazard created to the health, safety,
   2-14  or economic welfare of the public;
   2-15              (2)  the economic harm to property or the environment
   2-16  caused by the violation;
   2-17              (3)  the history of previous violations;
   2-18              (4)  the amount necessary to deter future violations;
   2-19              (5)  efforts to correct the violation; and
   2-20              (6)  any other matter that justice may require.
   2-21        (d)  An executive director who determines that a violation
   2-22  has occurred may issue to the board a report that states the facts
   2-23  on which the determination is based and the director's
   2-24  recommendation on the imposition of a penalty, including a
   2-25  recommendation on the amount of the penalty.
   2-26        (e)  Within 14 days after the date the report is issued, the
   2-27  executive director shall give written notice of the report to the
    3-1  person.  The notice may be given by certified mail.  The notice
    3-2  must include a brief summary of the alleged violation and a
    3-3  statement of the amount of the recommended penalty and must inform
    3-4  the person that the person has a right to a hearing on the
    3-5  occurrence of the violation, the amount of the penalty, or both the
    3-6  occurrence of the violation and the amount of the penalty.
    3-7        (f)  Within 20 days after the date the person receives the
    3-8  notice, the person in writing may accept the determination and
    3-9  recommended penalty of the executive director or may make a written
   3-10  request for a hearing on the occurrence of the violation, the
   3-11  amount of the penalty, or both the occurrence of the violation and
   3-12  the amount of the penalty.
   3-13        (g)  If the person accepts the determination and recommended
   3-14  penalty of the executive director, the board by order shall approve
   3-15  the determination and impose the recommended penalty.
   3-16        (h)  If the person requests a hearing or fails to respond
   3-17  timely to the notice, the executive director shall set a hearing
   3-18  and give notice of the hearing to the person.  The hearing shall be
   3-19  held by an administrative law judge of the State Office of
   3-20  Administrative Hearings.  The administrative law judge shall make
   3-21  findings of fact and conclusions of law and promptly issue to the
   3-22  board a proposal for a decision about the occurrence of the
   3-23  violation and the amount of a proposed penalty.  Based on the
   3-24  findings of fact, conclusions of law, and proposal for a decision,
   3-25  the board by order may find that a violation has occurred and
   3-26  impose a penalty or may find that no violation occurred.
   3-27        (i)  The notice of the board's order given to the person
    4-1  under the Administrative Procedure and Texas Register Act (Article
    4-2  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
    4-3  amendments must include a statement of the right of the person to
    4-4  judicial review of the order.
    4-5        (j)  Within 30 days after the date the board's order is final
    4-6  as provided by Section 16(c), Administrative Procedure and Texas
    4-7  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
    4-8  its subsequent amendments, the person shall:
    4-9              (1)  pay the amount of the penalty;
   4-10              (2)  pay the amount of the penalty and file a petition
   4-11  for judicial review contesting the occurrence of the violation, the
   4-12  amount of the penalty, or both the occurrence of the violation and
   4-13  the amount of the penalty; or
   4-14              (3)  without paying the amount of the penalty, file a
   4-15  petition for judicial review contesting the occurrence of the
   4-16  violation, the amount of the penalty, or both the occurrence of the
   4-17  violation and the amount of the penalty.
   4-18        (k)  Within the 30-day period, a person who acts under
   4-19  Subsection (j)(3) of this section may:
   4-20              (1)  stay enforcement of the penalty by:
   4-21                    (A)  paying the amount of the penalty to the
   4-22  court for placement in an escrow account; or
   4-23                    (B)  giving to the court a supersedeas bond
   4-24  approved by the court for the amount of the penalty and that is
   4-25  effective until all judicial review of the board's order is final;
   4-26  or
   4-27              (2)  request the court to stay enforcement of the
    5-1  penalty by:
    5-2                    (A)  filing with the court a sworn affidavit of
    5-3  the person stating that the person is financially unable to pay the
    5-4  amount of the penalty and is financially unable to give the
    5-5  supersedeas bond; and
    5-6                    (B)  giving a copy of the affidavit to the
    5-7  executive director by certified mail.
    5-8        (l)  An executive director who receives a copy of an
    5-9  affidavit under Subsection (k)(2) of this section may file, with
   5-10  the court within five days after the date the copy is received, a
   5-11  contest to the affidavit.  The court shall hold a hearing on the
   5-12  facts alleged in the affidavit as soon as practicable and shall
   5-13  stay the enforcement of the penalty on finding that the alleged
   5-14  facts are true.  The person who files an affidavit has the burden
   5-15  of proving that the person is financially unable to pay the amount
   5-16  of the penalty and to give a supersedeas bond.
   5-17        (m)  If the person does not pay the amount of the penalty and
   5-18  the enforcement of the penalty is not stayed, the executive
   5-19  director may refer the matter to the attorney general for
   5-20  collection of the amount of the penalty.
   5-21        (n)  Judicial review of the order of the board:
   5-22              (1)  is instituted by filing a petition as provided by
   5-23  Section 19, Administrative Procedure and Texas Register Act
   5-24  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   5-25  subsequent amendments; and
   5-26              (2)  is under the substantial evidence rule.
   5-27        (o)  If the court sustains the occurrence of the violation,
    6-1  the court may uphold or reduce the amount of the penalty and order
    6-2  the person to pay the full or reduced amount of the penalty.  If
    6-3  the court does not sustain the occurrence of the violation, the
    6-4  court shall order that no penalty is owed.
    6-5        (p)  When the judgment of the court becomes final, the court
    6-6  shall proceed under this subsection.  If the person paid the amount
    6-7  of the penalty and if that amount is reduced or is not upheld by
    6-8  the court, the court shall order that the appropriate amount plus
    6-9  accrued interest be remitted to the person.  The rate of the
   6-10  interest is the rate charged on loans to depository institutions by
   6-11  the New York Federal Reserve Bank, and the interest shall be paid
   6-12  for the period beginning on the date the penalty was paid and
   6-13  ending on the date the penalty is remitted.  If the person gave a
   6-14  supersedeas bond and if the amount of the penalty is not upheld by
   6-15  the court, the court shall order the release of the bond.  If the
   6-16  person gave a supersedeas bond and if the amount of the penalty is
   6-17  reduced, the court shall order the release of the bond after the
   6-18  person pays the amount.
   6-19        (q)  A penalty collected under this section shall be remitted
   6-20  to the comptroller for deposit in the general revenue fund.
   6-21        (r)  All proceedings under this section are subject to the
   6-22  Administrative Procedure and Texas Register Act (Article 6252-13a,
   6-23  Vernon's Texas Civil Statutes) and its subsequent amendments.
   6-24        SECTION 3.  Article 4568, Revised Statutes, is amended by
   6-25  amending Subsections (a)-(f) and adding Subsections (m)-(r) to read
   6-26  as follows:
   6-27        (a)  The Texas State Board of Podiatry Examiners shall
    7-1  consist of nine (9) members.  Six (6) members must be reputable
    7-2  practicing podiatrists who have resided in this state and who have
    7-3  been actively engaged in the practice of podiatry for five (5)
    7-4  years immediately preceding their appointment.  Three (3) members
    7-5  must be representatives of the general public.  However, a public
    7-6  member may not participate in any part of the examination process
    7-7  for applicants for a license issued by the Board that requires
    7-8  knowledge of the practice of podiatry.  Appointments to the Board
    7-9  shall be made by the Governor without regard to the race, color,
   7-10  <creed,> disability, sex, religion, or national origin of the
   7-11  appointees.
   7-12        (b)  A person is not eligible for appointment as a public
   7-13  member of the Board if the person or the person's spouse:
   7-14              (1)  is registered, certified, or licensed by an
   7-15  occupational regulatory agency in the field of health care;
   7-16              (2)  is employed by or participates in the management
   7-17  of a <an agency or> business entity or other organization regulated
   7-18  by the Board or receiving funds from the Board <that provides
   7-19  health-care services or that sells, manufactures, or distributes
   7-20  health-care supplies or equipment>; <or>
   7-21              (3)  owns or controls, directly or indirectly, more
   7-22  than a 10 percent interest in a business entity or other
   7-23  organization regulated by the Board or receiving funds from the
   7-24  Board; or
   7-25              (4)  uses or receives a substantial amount of tangible
   7-26  goods, services, or funds from the Board, other than compensation
   7-27  or reimbursement authorized by law for Board membership,
    8-1  attendance, or expenses <has, other than as a consumer, a financial
    8-2  interest in a business entity that provides health-care services or
    8-3  that sells, manufactures, or distributes health-care supplies or
    8-4  equipment>.
    8-5        (c)(1)  An officer, employee, or paid consultant of a Texas
    8-6  trade association in the health care industry may not be a member
    8-7  or employee of the Board who is exempt from the state's position
    8-8  classification plan or is compensated at or above the amount
    8-9  prescribed by the General Appropriations Act for step 1, salary
   8-10  group 17, of the position classification salary schedule.
   8-11              (2)  A person who is the spouse of an officer, manager,
   8-12  or paid consultant of a Texas trade association in the health care
   8-13  industry may not be a Board member and may not be an employee of
   8-14  the Board who is exempt from the state's position classification
   8-15  plan or is compensated at or above the amount prescribed by the
   8-16  General Appropriations Act for step 1, salary group 17, of the
   8-17  position classification salary schedule.
   8-18              (3)  For the purposes of this section, a Texas trade
   8-19  association is a nonprofit, cooperative, and voluntarily joined
   8-20  association of business or professional competitors in this state
   8-21  designed to assist its members and its industry or profession in
   8-22  dealing with mutual business or professional problems and in
   8-23  promoting their common interest <A member or employee of the Board
   8-24  may not be an officer, employee, or paid consultant of a statewide
   8-25  or national trade association in the health-care industry.  A
   8-26  member or employee of the Board may not be related within the
   8-27  second degree by affinity or consanguinity, as determined under
    9-1  Article 5996h, Revised Statutes, to a person who is an officer,
    9-2  employee, or paid consultant of a statewide or national trade
    9-3  association in the health-care industry>.
    9-4        (d)  A person may not serve as a member of the Board or act
    9-5  as the general counsel to the Board if the person is required to
    9-6  register as a lobbyist under Chapter 305, Government Code, and its
    9-7  subsequent amendments, because of the person's activities for
    9-8  compensation on behalf of a profession related to the operation of
    9-9  the Board <who is required to register as a lobbyist under Chapter
   9-10  305, Government Code, may not serve as a member of the Board or act
   9-11  as the general counsel to the Board>.
   9-12        (e)  It is a ground for removal from the Board if a member:
   9-13              (1)  does not have at the time of appointment the
   9-14  qualifications required by Subsection <Section> (a) or (b) of this
   9-15  article for appointment to the Board;
   9-16              (2)  does not maintain during service on the Board the
   9-17  qualifications required by Subsection (a) or (b) of this article;
   9-18              (3) <(2)>  violates a prohibition established by
   9-19  Subsection <Section> (c) or (d) of this article; <or>
   9-20              (4)  cannot discharge the member's term for a
   9-21  substantial part of the term for which the member is appointed
   9-22  because of illness or disability; or
   9-23              (5)  is absent from more than half of the regularly
   9-24  scheduled board meetings that the member is eligible to attend
   9-25  during a calendar year unless the absence is excused by a majority
   9-26  vote of the Board
   9-27              <(3)  fails to attend at least half of the regularly
   10-1  scheduled Board meetings held in a calendar year, excluding
   10-2  meetings held while the person was not a Board member>.
   10-3        (f)(1)  The validity of an action of the Board is not
   10-4  affected by the fact that it is taken when a ground for removal of
   10-5  a Board member exists.
   10-6              (2)  If the executive director has knowledge that a
   10-7  potential ground for removal exists, the executive director shall
   10-8  notify the president of the Board of the ground.  The president
   10-9  shall then notify the governor that a potential ground for removal
  10-10  exists <If a ground for removal of a member of the Board exists,
  10-11  the Board's actions during the existence of the ground for removal
  10-12  are not invalid for that reason>.
  10-13        (m)  The Board shall file annually with the governor and the
  10-14  presiding officer of each house of the legislature a complete and
  10-15  detailed written report accounting for all funds received and
  10-16  disbursed by the Board during the preceding fiscal year.  The
  10-17  annual report must be in the form and reported in the time provided
  10-18  by the General Appropriations Act.
  10-19        (n)  The executive director or the director's designee shall
  10-20  develop an intra-agency career ladder program.  The program shall
  10-21  require intra-agency posting of all nonentry level positions
  10-22  concurrently with any public posting.
  10-23        (o)  The executive director or the director's designee shall
  10-24  develop a system of annual performance evaluations based on
  10-25  measurable job tasks.  All merit pay for Board employees must be
  10-26  based on the system established under this subsection.
  10-27        (p)  The Board shall develop and implement policies that
   11-1  clearly define the respective responsibilities of the Board and the
   11-2  staff of the Board.
   11-3        (q)  The Board shall prepare and maintain a written plan that
   11-4  describes how a person who does not speak English can be provided
   11-5  reasonable access to the Board's programs.  The Board shall also
   11-6  comply with federal and state laws for program and facility
   11-7  accessibility.
   11-8        (r)  The Board shall develop and implement policies that
   11-9  provide the public with a reasonable opportunity to appear before
  11-10  the Board and to speak on any issue under the jurisdiction of the
  11-11  Board.
  11-12        SECTION 4.  Article 4568b, Revised Statutes, is amended to
  11-13  read as follows:
  11-14        Art. 4568b.  Sunset provision.  The Texas State Board of
  11-15  Podiatry Examiners is subject to Chapter 325, Government Code
  11-16  (Texas Sunset Act).  Unless continued in existence as provided by
  11-17  that chapter, the board is abolished September 1, 2005 <1993>.
  11-18        SECTION 5.  Chapter 11, Title 71, Revised Statutes, is
  11-19  amended by adding Article 4568c to read as follows:
  11-20        Art. 4568c.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
  11-21  executive director or the director's designee shall prepare and
  11-22  maintain a written policy statement to assure implementation of a
  11-23  program of equal employment opportunity under which all personnel
  11-24  transactions are made without regard to race, color, disability,
  11-25  sex, religion, age, or national origin.  The policy statement must
  11-26  include:
  11-27              (1)  personnel policies, including policies relating to
   12-1  recruitment, evaluation, selection, application, training, and
   12-2  promotion of personnel that are in compliance with the Commission
   12-3  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
   12-4  and its subsequent amendments;
   12-5              (2)  a comprehensive analysis of the board workforce
   12-6  that meets federal and state guidelines;
   12-7              (3)  procedures by which a determination can be made of
   12-8  significant underuse in the board workforce of all persons for whom
   12-9  federal or state guidelines encourage a more equitable balance; and
  12-10              (4)  reasonable methods to appropriately address those
  12-11  areas of underuse.
  12-12        (b)  A policy statement prepared under Subsection (a) of this
  12-13  article must cover an annual period, be updated annually, be
  12-14  reviewed by the Commission on Human Rights for compliance with
  12-15  Subsection (a)(1) of this article, and be filed with the governor's
  12-16  office.
  12-17        (c)  The governor's office shall deliver a biennial report to
  12-18  the legislature based on the information received under Subsection
  12-19  (b) of this article.  The report may be made separately or as part
  12-20  of other biennial reports to the legislature.
  12-21        SECTION 6.  Chapter 11, Title 71, Revised Statutes, is
  12-22  amended by adding Article 4568d to read as follows:
  12-23        Art. 4568d.  TRAINING; STANDARDS OF CONDUCT; INFORMATION.
  12-24  (a)  Each board member shall comply with the board member training
  12-25  requirements established by any other state agency that is given
  12-26  authority to establish the requirements for the board.
  12-27        (b)  The board shall provide to its members and employees, as
   13-1  often as necessary, information regarding their qualifications for
   13-2  office or employment under this chapter and their responsibilities
   13-3  under applicable laws relating to standards of conduct for state
   13-4  officers or employees.
   13-5        SECTION 7.  Subsections (c), (i), and (k), Article 4569,
   13-6  Revised Statutes, are amended to read as follows:
   13-7        (c)  The examinations shall be written and practical and in
   13-8  the English language, and all applicants that possess the
   13-9  qualifications required for an examination and who shall pass the
  13-10  examinations prescribed with a general average of seventy-five per
  13-11  cent (75%) in all subjects and not less than sixty per cent (60%)
  13-12  in any one subject shall be issued a license by the Board to
  13-13  practice podiatry in this State.  The Board shall have the
  13-14  examination validated by an independent testing professional.
  13-15        (i)  Not later than the 30th day after the date on which a
  13-16  licensing examination is administered under this chapter, the
  13-17  secretary-treasurer of the Board shall notify each examinee of the
  13-18  results of the examination.  However, if an examination is graded
  13-19  or reviewed by a national testing service, the secretary-treasurer
  13-20  of the Board shall notify examinees of the results of the
  13-21  examination not later than the 14th day after the date on which the
  13-22  Board receives the results from the testing service.  If the notice
  13-23  of examination results graded or reviewed by a national testing
  13-24  service will be delayed for longer than 90 days after the
  13-25  examination date, the secretary-treasurer of the Board shall notify
  13-26  the examinee of the reason for the delay before the 90th day <The
  13-27  secretary-treasurer of the Board shall report to each applicant the
   14-1  grade made in each subject and the general average on the
   14-2  examination within sixty (60) days from the date of the
   14-3  examination>.
   14-4        (k)  If requested in writing by a person who fails the
   14-5  licensing examination administered under this chapter, the Board
   14-6  shall furnish the person with an analysis of the person's
   14-7  performance on the examination.
   14-8        SECTION 8.  Section 1, Article 4571, Revised Statutes, is
   14-9  amended by amending Subsections (c), (d), (e), (g), and (h) and
  14-10  adding Subsection (i) to read as follows:
  14-11        (c)(1)  The Board shall develop a mandatory continuing
  14-12  education program.  In developing its program the Board shall:
  14-13                    (A)  establish by rule the minimum hours of
  14-14  continuing education required for license renewal;
  14-15                    (B)  identify the key factors that lead to the
  14-16  competent performance of professional duties;
  14-17                    (C)  develop a process to evaluate and approve
  14-18  continuing education courses; and
  14-19                    (D)  develop a process to assess the
  14-20  participation and performance of a person with a license in
  14-21  continuing education courses to enable the Board to evaluate the
  14-22  overall effectiveness of the program.
  14-23              (2)  The Board may assess the continuing education
  14-24  needs of a person with a license and require the person to attend
  14-25  continuing education courses specified by the Board  <In order to
  14-26  ensure the continuing competence of persons licensed to practice
  14-27  podiatry, the Texas State Board of Podiatry Examiners may adopt and
   15-1  administer rules requiring continuing education, not to exceed 25
   15-2  hours per licensee per year, as a prerequisite to annual license
   15-3  renewal.  If adopted by the Board, such rules shall establish
   15-4  standards of accreditation for continuing education programs or
   15-5  courses of study, and only those programs or courses of study which
   15-6  are inspected and accredited by the Board shall apply toward the
   15-7  satisfaction of such continuing education requirements.  The Board
   15-8  is hereby authorized to impose a fee, not to exceed $25 per
   15-9  licensee per year, to cover the cost of administration of any
  15-10  continuing education rules which may be adopted pursuant to this
  15-11  Section>.
  15-12        (d)  A person may renew his unexpired license by <satisfying
  15-13  any continuing education requirements pursuant to Subsection (c) of
  15-14  this Section and by> paying to the Board before the expiration date
  15-15  of the license the required renewal fee.
  15-16        (e)  If a person's license has been expired for 90 days or
  15-17  less, the person may renew the license by <satisfying any
  15-18  continuing education requirements pursuant to Subsection (c) of
  15-19  this Section and by> paying to the Board the required renewal fee
  15-20  and a fee that is one-half of the examination fee for the license.
  15-21        (g)  If a person's license has been expired for more than 90
  15-22  days but less than one year <two years>, the person may renew the
  15-23  license by <satisfying any continuing education requirements
  15-24  pursuant to Subsection (c) of this Section and by> paying to the
  15-25  Board all unpaid renewal fees and a fee that is equal to the
  15-26  examination fee for the license.
  15-27        (h)  If a person's license has been expired for one year or
   16-1  longer <two years or more>, the person may not renew the license.
   16-2  The person may obtain a new license by submitting to reexamination
   16-3  and complying with the requirements and procedures for obtaining an
   16-4  original license.  However, the Board may renew without
   16-5  reexamination an expired license of a person who was licensed in
   16-6  this state, moved to another state, and is currently licensed and
   16-7  has been in practice in the other state for the two years preceding
   16-8  application.  The person must pay to the Board a fee that is equal
   16-9  to the examination fee for the license.
  16-10        (i)  At least 30 days before the expiration of a person's
  16-11  license, the Board shall send written notice of the impending
  16-12  license expiration to the person at the licensee's last known
  16-13  address according to the records of the Board.
  16-14        SECTION 9.  Article 4571, Revised Statutes, is amended by
  16-15  adding Section 7 to read as follows:
  16-16        Sec. 7.  The Board by rule may provide for a person who holds
  16-17  a license under this chapter to be placed on inactive status.
  16-18  Rules adopted under this section shall include a time limit for a
  16-19  license holder to remain on inactive status.
  16-20        SECTION 10.  Chapter 11, Title 71, Revised Statutes, is
  16-21  amended by adding Article 4571a to read as follows:
  16-22        Art. 4571a.  PROVISIONAL LICENSES.  (a)  On application, the
  16-23  board shall grant a provisional license to practice podiatry.  An
  16-24  applicant for a provisional license under this section must:
  16-25              (1)  be licensed in good standing as a podiatrist in
  16-26  another state, the District of Columbia, or a territory of the
  16-27  United States that has licensing requirements that are
   17-1  substantially equivalent to the requirements of this chapter;
   17-2              (2)  have passed a national or other examination
   17-3  recognized by the board relating to the practice of podiatry; and
   17-4              (3)  be sponsored by a person licensed by the board
   17-5  under this chapter with whom the provisional license holder may
   17-6  practice under this article.
   17-7        (b)  An applicant for a provisional license may be excused
   17-8  from the requirement of Subsection (a)(3) of this article if the
   17-9  board determines that compliance with that subsection constitutes a
  17-10  hardship to the applicant.
  17-11        (c)  A provisional license is valid until the date the board
  17-12  approves or denies the provisional license holder's application for
  17-13  a license.  The board shall issue a license under this chapter to
  17-14  the holder of a provisional license under this section if:
  17-15              (1)  the provisional license holder passes the
  17-16  examination required by Article 4569, Revised Statutes, and its
  17-17  subsequent amendments;
  17-18              (2)  the board verifies that the provisional license
  17-19  holder has the academic and experience requirements for a license
  17-20  under this chapter; and
  17-21              (3)  the provisional license holder satisfies any other
  17-22  license requirements under this chapter.
  17-23        (d)  The board must complete the processing of a provisional
  17-24  license holder's application for a license not later than the 180th
  17-25  day after the date the provisional license is issued.  The board
  17-26  may extend this deadline to allow for the receipt of pending
  17-27  examination results.
   18-1        SECTION 11.  Chapter 11, Title 71, Revised Statutes, is
   18-2  amended by adding Article 4571b to read as follows:
   18-3        Art. 4571b.  TEMPORARY LICENSE.  (a)  The board by rule may
   18-4  adopt a procedure for the issuance of a temporary license to an
   18-5  applicant other than an applicant who applies under Article 4571a,
   18-6  Revised Statutes, and its subsequent amendments.
   18-7        (b)  Rules adopted under this article shall establish the
   18-8  criteria for issuance of a temporary license and shall establish a
   18-9  maximum period during which a temporary license is valid.
  18-10        SECTION 12.  Subsections (a) and (b), Article 4573, Revised
  18-11  Statutes, are amended to read as follows:
  18-12        (a)  The Board shall maintain an information file about each
  18-13  complaint filed with the Board <relating to a licensee>.  If a
  18-14  written complaint is filed with the Board <relating to a licensee>,
  18-15  the Board, at least <as frequently as> quarterly and until final
  18-16  disposition of the complaint, shall notify the parties to the
  18-17  complaint of the status of the complaint <until final disposition>
  18-18  unless the notification would jeopardize an undercover
  18-19  investigation.
  18-20        (b)  The Board shall revoke or suspend a license, place on
  18-21  probation a person whose license has been suspended <probate a
  18-22  license suspension>, or reprimand a licensee for violation of the
  18-23  law regulating the practice of podiatry or a rule adopted by the
  18-24  Board.  If a license suspension is probated, the Board may require
  18-25  the license holder to:
  18-26              (1)  report regularly to the Board on matters that are
  18-27  the basis of the probation;
   19-1              (2)  limit practice to the areas prescribed by the
   19-2  Board; or
   19-3              (3)  continue or review continuing professional
   19-4  education until the license holder attains a degree of skill
   19-5  satisfactory to the Board in those areas that are the basis of the
   19-6  probation.
   19-7        SECTION 13.  Chapter 11, Title 71, Revised Statutes, is
   19-8  amended by adding Article 4573c to read as follows:
   19-9        Art. 4573c.  COMPLAINT PROCEDURE.  (a)  The board's
  19-10  information file under Subsection (a), Article 4573, Revised
  19-11  Statutes, and its subsequent amendments, shall be kept current and
  19-12  contain a record for each complaint of:
  19-13              (1)  all persons contacted in relation to the
  19-14  complaint;
  19-15              (2)  a summary of findings made at each step of the
  19-16  complaint process;
  19-17              (3)  an explanation of the legal basis and reason for a
  19-18  complaint that is dismissed; and
  19-19              (4)  other relevant information.
  19-20        (b)  The board by rule shall adopt a form to standardize
  19-21  information concerning complaints made to the board.  The board by
  19-22  rule shall prescribe information to be provided to a person when
  19-23  the person files a complaint with the board.
  19-24        (c)  The board shall provide reasonable assistance to a
  19-25  person who wishes to file a complaint with the board.
  19-26        (d)  The board shall adopt rules concerning the investigation
  19-27  of a complaint filed with the board.  The rules adopted under this
   20-1  subsection shall:
   20-2              (1)  distinguish between categories of complaints;
   20-3              (2)  ensure that complaints are not dismissed without
   20-4  appropriate consideration;
   20-5              (3)  require that the board be advised of a complaint
   20-6  that is dismissed and that a letter be sent to the person who filed
   20-7  the complaint explaining the action taken on the dismissed
   20-8  complaint;
   20-9              (4)  ensure that the person who filed the complaint has
  20-10  an opportunity to explain the allegations made in the complaint;
  20-11  and
  20-12              (5)  prescribe guidelines concerning the categories of
  20-13  complaints that require the use of a private investigator and the
  20-14  procedures for the board to obtain the services of a private
  20-15  investigator.
  20-16        (e)  The board shall dispose of all complaints in a timely
  20-17  manner.  The board shall establish a schedule for conducting each
  20-18  phase of a complaint that is under the control of the board not
  20-19  later than the 30th day after the date the complaint is received by
  20-20  the board.  The schedule shall be kept in the information file for
  20-21  the complaint and all parties shall be notified of the projected
  20-22  time requirements for pursuing the complaint.  A change in the
  20-23  schedule must be noted in the complaint information file and all
  20-24  parties to the complaint must be notified not later than the
  20-25  seventh day after the date the change is made.
  20-26        (f)  The executive director shall notify the board of a
  20-27  complaint that extends beyond the time prescribed by the board for
   21-1  resolving the complaint so that the board may take necessary action
   21-2  on the complaint.
   21-3        SECTION 14.  Chapter 11, Title 71, Revised Statutes, is
   21-4  amended by adding Article 4573d to read as follows:
   21-5        Art. 4573d.  INFORMAL PROCEEDINGS.  (a)  The board by rule
   21-6  shall adopt procedures governing:
   21-7              (1)  informal disposition of a contested case under
   21-8  Section 13(e), Administrative Procedure and Texas Register Act
   21-9  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  21-10  subsequent amendments; and
  21-11              (2)  informal proceedings held in compliance with
  21-12  Section 18(c), Administrative Procedure and Texas Register Act
  21-13  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  21-14  subsequent amendments.
  21-15        (b)  Rules adopted under this article must provide the
  21-16  complainant and the licensee an opportunity to be heard and must
  21-17  require the presence of a representative of the office of the
  21-18  attorney general or the board's legal counsel to advise the board
  21-19  or the board's employees.
  21-20        SECTION 15.  Chapter 11, Title 71, Revised Statutes, is
  21-21  amended by adding Article 4573e to read as follows:
  21-22        Art. 4573e.  COMPLIANCE WITH THIS CHAPTER.  The board by rule
  21-23  shall develop a system to monitor a podiatrist's compliance with
  21-24  this chapter.  The system shall include:
  21-25              (1)  procedures for determining the compliance by a
  21-26  podiatrist with an order issued by the board; and
  21-27              (2)  a method of identifying and monitoring podiatrists
   22-1  who represent a risk to the public.
   22-2        SECTION 16.  Chapter 11, Title 71, Revised Statutes, is
   22-3  amended by adding Article 4573c to read as follows:
   22-4        Art. 4573c.  PODIATRIC PEER REVIEW COMMITTEES
   22-5        Sec. 1.  In this article:
   22-6              (1)  "Podiatric peer review committee" means the
   22-7  podiatric peer review, judicial, or grievance committee of a
   22-8  podiatric medical society or association that is authorized to
   22-9  evaluate the quality of podiatry services or the competence of a
  22-10  podiatrist.  A podiatric peer review committee includes the
  22-11  members, employees, and agents of the committee.
  22-12              (2)  "Podiatric medical society or association" means a
  22-13  membership organization of podiatrists that is incorporated under
  22-14  the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
  22-15  Vernon's Texas Civil Statutes) and its subsequent amendments or
  22-16  that is exempt from the payment of federal income taxes under
  22-17  Section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C.
  22-18  Section 501(c)) and its subsequent amendments.
  22-19        Sec. 2.  Except for an action involving fraud, conspiracy, or
  22-20  malice, a podiatric peer review committee is immune from liability
  22-21  and may not be subject to a suit for damages for any act arising
  22-22  from the performance of the committee's duties in investigating a
  22-23  disagreement or complaint, holding a hearing to determine facts, or
  22-24  making an evaluation, recommendation, decision, or award involving
  22-25  a podiatrist who is a member of the podiatric medical society or
  22-26  association or another podiatrist, podiatric patient, or third
  22-27  party who requests the services of the committee.
   23-1        Sec. 3.  Except as otherwise provided by this article, the
   23-2  proceedings and records of a podiatric peer review committee are
   23-3  confidential and all communications made to a podiatric peer review
   23-4  committee are privileged.  However, if a judge makes a preliminary
   23-5  finding that the proceedings, records, or communications of a
   23-6  podiatric peer review committee are relevant to an anticompetitive
   23-7  action or to an action brought under federal civil rights laws, the
   23-8  proceedings, records, or communications are not considered to be
   23-9  confidential to the extent the proceedings, records, or
  23-10  communications are determined to be relevant to that action.
  23-11        Sec. 4.  Written or oral communications made to a podiatric
  23-12  peer review committee and the records and proceedings of a peer
  23-13  review committee may be disclosed to:
  23-14              (1)  another podiatric peer review committee;
  23-15              (2)  an appropriate state or federal agency;
  23-16              (3)  a national accreditation body; or 
  23-17              (4)  the Texas State Board of Podiatry Examiners or the
  23-18  state board of registration or licensure of podiatrists in another
  23-19  state.
  23-20        Sec. 5.  (a)  The disclosure of confidential podiatric peer
  23-21  review committee information to the affected podiatrist that is
  23-22  relevant to the matter under review by the committee does not
  23-23  constitute a waiver of the confidentiality provisions of this
  23-24  article.
  23-25        (b)  If a podiatric peer review committee takes action that
  23-26  could result in censure or suspension, restriction, limitation, or
  23-27  revocation of a license by the Texas State Board of Podiatry
   24-1  Examiners or a denial of membership or privileges in a health care
   24-2  entity, the affected podiatrist shall be provided a written copy of
   24-3  the recommendation of the podiatric peer review committee and a
   24-4  copy of the final decision, including a statement of the basis for
   24-5  the decision.
   24-6        Sec. 6.  (a)  Unless disclosure is required or authorized by
   24-7  law, the records or determinations of a podiatric peer review
   24-8  committee or communications made to a podiatric peer review
   24-9  committee are not subject to subpoena or discovery and are not
  24-10  admissible as evidence in a civil or administrative proceeding.
  24-11  However, a committee may in writing waive the privilege of
  24-12  confidentiality.
  24-13        (b)  The evidentiary privilege under this article may be
  24-14  invoked by any person or organization in a civil or administrative
  24-15  proceeding unless the person or organization has secured a waiver
  24-16  of the privilege executed in writing by the chairman,
  24-17  vice-chairman, or secretary of the affected podiatric peer review
  24-18  committee.
  24-19        (c)  If a podiatric peer review committee, a person
  24-20  participating in peer review, or an organization named as a
  24-21  defendant in any civil action filed as a result of participating in
  24-22  peer review is permitted to use confidential information in the
  24-23  defendant's defense or in a claim or suit under Section 9 of this
  24-24  article, the plaintiff in that proceeding also may disclose the
  24-25  records or determinations of a peer review committee or
  24-26  communications made to a peer review committee to rebut the
  24-27  defendant.
   25-1        (d)  A person who seeks access to privileged information must
   25-2  plead and prove waiver of the privilege.
   25-3        (e)  A member, employee, or agent of a podiatric peer review
   25-4  committee who provides access to otherwise privileged
   25-5  communications or records in cooperation with a law enforcement
   25-6  authority in a criminal investigation has not waived any privilege
   25-7  established under this article.
   25-8        Sec. 7.  (a)  All persons, including the governing body and
   25-9  medical staff of a health care entity, shall comply with a subpoena
  25-10  issued by the Texas State Board of Podiatry Examiners for documents
  25-11  or information.
  25-12        (b)  The disclosure of documents or information under a
  25-13  subpoena does not constitute a waiver of the confidentiality
  25-14  privilege associated with a podiatric peer review committee
  25-15  proceeding.
  25-16        (c)  Failure to comply with a subpoena constitutes grounds
  25-17  for disciplinary action against the facility or individual by the
  25-18  Texas State Board of Podiatry Examiners.
  25-19        Sec. 8.  A person, health care entity, or podiatric peer
  25-20  review committee that participates in podiatric peer review
  25-21  activity or furnishes records, information, or assistance to a
  25-22  podiatric peer review committee or to the Texas State Board of
  25-23  Podiatry Examiners is immune from any civil liability arising from
  25-24  those acts if the acts were made in good faith and without malice.
  25-25        Sec. 9.  A podiatric peer review committee, a person
  25-26  participating in peer review, or another entity named as a
  25-27  defendant in any civil action filed as a result of the defendant's
   26-1  participation in peer review may file a counterclaim in the pending
   26-2  action or may prove a cause of action in a subsequent suit to
   26-3  recover defense costs, including court costs, attorney's fees, and
   26-4  damages incurred as a result of the civil action, if the
   26-5  plaintiff's original suit is determined to be frivolous or to have
   26-6  been brought in bad faith.
   26-7        SECTION 17.  Subsection (a), Article 4574, Revised Statutes,
   26-8  is amended to read as follows:
   26-9        (a)  The board by rule shall establish reasonable and
  26-10  necessary fees so that the fees, in the aggregate, produce
  26-11  sufficient revenue to cover the cost of administering this chapter.
  26-12  The fees set by the board may be adjusted so that the total fees
  26-13  collected are sufficient to meet the expenses of administering this
  26-14  chapter.  The board may not set a fee for an amount less than the
  26-15  amount of that fee on September 1, 1993. <for the administration of
  26-16  this article in amounts not to exceed:>
  26-17              <1.  Examination ........................... $500>
  26-18              <2.  Reexamination .......................... 500>
  26-19              <3.  Renewal ................................ 200>
  26-20              <4.  Duplicate license ....................... 50>
  26-21        SECTION 18.  Article 4575c, Revised Statutes, is amended to
  26-22  read as follows:
  26-23        Art. 4575c.  Consumer information.  (a)  The board shall
  26-24  prepare information of public <consumer> interest describing the
  26-25  <regulatory> functions of the board and the board's procedures by
  26-26  which <consumer> complaints are filed with and resolved by the
  26-27  board.  The board  shall make the information available to the
   27-1  <general> public and appropriate state agencies.
   27-2        (b)  The board by rule shall establish methods by which
   27-3  consumers and service recipients are notified of the name, mailing
   27-4  address, and telephone number of the board for the purpose of
   27-5  directing complaints to the board.  The board may provide for that
   27-6  notification:
   27-7              (1)  on each registration form, application, or written
   27-8  contract for services of an individual or entity regulated under
   27-9  this chapter;
  27-10              (2)  on a sign prominently displayed in the place of
  27-11  business of each individual or entity regulated by the board; or
  27-12              (3)  in a bill for service provided by an individual or
  27-13  entity regulated by the board <Each written contract for services
  27-14  in this state of a licensed podiatrist shall contain the name,
  27-15  mailing address, and telephone number of the board>.
  27-16        (c)  The board shall list along with its regular telephone
  27-17  number the toll-free telephone number that may be called to present
  27-18  a complaint about a health professional if the toll-free number is
  27-19  established under other state law <There shall at all times be
  27-20  prominently displayed in the place of business of each licensed
  27-21  podiatrist a sign containing the name, mailing address, and
  27-22  telephone number of the board and a statement informing consumers
  27-23  that complaints against licensees may be directed to the board>.
  27-24        SECTION 19.  Subsection (j), Article 4569, Revised Statutes,
  27-25  and Subsection (g), Article 4570, Revised Statutes, are repealed.
  27-26        SECTION 20.  A contested case pending before the Texas State
  27-27  Board of Podiatry Examiners on the effective date of this Act is
   28-1  transferred to the State Office of Administrative Hearings and
   28-2  actions taken in the proceeding are treated as if taken by the
   28-3  State Office of Administrative Hearings.
   28-4        SECTION 21.  The changes in law made by Section 3 of this Act
   28-5  relating to the requirements for membership on the Texas State
   28-6  Board of Podiatry Examiners apply only to an appointment made on or
   28-7  after the effective date of this Act, and do not affect the
   28-8  entitlement of a member serving on the board on the effective date
   28-9  of this Act to continue to hold office for the remainder of the
  28-10  term for which the person was appointed.
  28-11        SECTION 22.  This Act takes effect September 1, 1993.
  28-12        SECTION 23.  The importance of this legislation and the
  28-13  crowded condition of the calendars in both houses create an
  28-14  emergency and an imperative public necessity that the
  28-15  constitutional rule requiring bills to be read on three several
  28-16  days in each house be suspended, and this rule is hereby suspended.