By: Harris of Dallas S.B. No. 1080
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of podiatry and to the continuation and
1-2 functions of the Texas State Board of Podiatry Examiners; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 4567, Revised Statutes, is amended to
1-6 read as follows:
1-7 Art. 4567. DEFINITIONS. (a) Any person shall be regarded
1-8 as practicing podiatry <chiropody> within the meaning of this law,
1-9 and shall be deemed and construed to be a podiatrist <chiropodist>,
1-10 who shall treat or offer to treat any disease or disorder, physical
1-11 injury or deformity, or ailment of the human foot by any system or
1-12 method and charge therefor, directly or indirectly, money or other
1-13 compensation, or who shall publicly profess or claim to be a
1-14 <chiropodist,> podiatrist, <pedicurist,> foot specialist, doctor or
1-15 use any title, degree, letter, syllable, word or words that would
1-16 tend to lead the public to believe such person was a practitioner
1-17 authorized to practice or assume the duties incident to the
1-18 practice of podiatry <chiropody>.
1-19 (b) In this chapter:
1-20 (1) "Board" means the Texas State Board of Podiatry
1-21 Examiners.
1-22 (2) "Executive director" means the employee of the
1-23 board who manages the day-to-day operations of the board.
1-24 SECTION 2. Chapter 11, Title 71, Revised Statutes, is
2-1 amended by adding Article 4567e to read as follows:
2-2 Art. 4567e. ADMINISTRATIVE PENALTY. (a) The board may
2-3 impose an administrative penalty against a person licensed or
2-4 regulated under this chapter who violates this chapter or a rule or
2-5 order adopted under this chapter.
2-6 (b) The penalty for a violation may be in an amount not to
2-7 exceed $2,500. Each day a violation continues or occurs is a
2-8 separate violation for purposes of imposing a penalty.
2-9 (c) The amount of the penalty shall be based on:
2-10 (1) the seriousness of the violation, including the
2-11 nature, circumstances, extent, and gravity of any prohibited acts,
2-12 and the hazard or potential hazard created to the health, safety,
2-13 or economic welfare of the public;
2-14 (2) the economic harm to property or the environment
2-15 caused by the violation;
2-16 (3) the history of previous violations;
2-17 (4) the amount necessary to deter future violations;
2-18 (5) efforts to correct the violation; and
2-19 (6) any other matter that justice may require.
2-20 (d) An executive director who determines that a violation
2-21 has occurred may issue to the board a report that states the facts
2-22 on which the determination is based and the director's
2-23 recommendation on the imposition of a penalty, including a
2-24 recommendation on the amount of the penalty.
2-25 (e) Within 14 days after the date the report is issued, the
2-26 executive director shall give written notice of the report to the
2-27 person. The notice may be given by certified mail. The notice
3-1 must include a brief summary of the alleged violation and a
3-2 statement of the amount of the recommended penalty and must inform
3-3 the person that the person has a right to a hearing on the
3-4 occurrence of the violation, the amount of the penalty, or both the
3-5 occurrence of the violation and the amount of the penalty.
3-6 (f) Within 20 days after the date the person receives the
3-7 notice, the person in writing may accept the determination and
3-8 recommended penalty of the executive director or may make a written
3-9 request for a hearing on the occurrence of the violation, the
3-10 amount of the penalty, or both the occurrence of the violation and
3-11 the amount of the penalty.
3-12 (g) If the person accepts the determination and recommended
3-13 penalty of the executive director, the board by order shall approve
3-14 the determination and impose the recommended penalty.
3-15 (h) If the person requests a hearing or fails to respond
3-16 timely to the notice, the executive director shall set a hearing
3-17 and give notice of the hearing to the person. The hearing shall be
3-18 held by an administrative law judge of the State Office of
3-19 Administrative Hearings. The administrative law judge shall make
3-20 findings of fact and conclusions of law and promptly issue to the
3-21 board a proposal for a decision about the occurrence of the
3-22 violation and the amount of a proposed penalty. Based on the
3-23 findings of fact, conclusions of law, and proposal for a decision,
3-24 the board by order may find that a violation has occurred and
3-25 impose a penalty or may find that no violation occurred.
3-26 (i) The notice of the board's order given to the person
3-27 under the Administrative Procedure and Texas Register Act (Article
4-1 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
4-2 amendments must include a statement of the right of the person to
4-3 judicial review of the order.
4-4 (j) Within 30 days after the date the board's order is final
4-5 as provided by Section 16(c), Administrative Procedure and Texas
4-6 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
4-7 its subsequent amendments, the person shall:
4-8 (1) pay the amount of the penalty;
4-9 (2) pay the amount of the penalty and file a petition
4-10 for judicial review contesting the occurrence of the violation, the
4-11 amount of the penalty, or both the occurrence of the violation and
4-12 the amount of the penalty; or
4-13 (3) without paying the amount of the penalty, file a
4-14 petition for judicial review contesting the occurrence of the
4-15 violation, the amount of the penalty, or both the occurrence of the
4-16 violation and the amount of the penalty.
4-17 (k) Within the 30-day period, a person who acts under
4-18 Subsection (j)(3) of this section may:
4-19 (1) stay enforcement of the penalty by:
4-20 (A) paying the amount of the penalty to the
4-21 court for placement in an escrow account; or
4-22 (B) giving to the court a supersedeas bond
4-23 approved by the court for the amount of the penalty and that is
4-24 effective until all judicial review of the board's order is final;
4-25 or
4-26 (2) request the court to stay enforcement of the
4-27 penalty by:
5-1 (A) filing with the court a sworn affidavit of
5-2 the person stating that the person is financially unable to pay the
5-3 amount of the penalty and is financially unable to give the
5-4 supersedeas bond; and
5-5 (B) giving a copy of the affidavit to the
5-6 executive director by certified mail.
5-7 (l) An executive director who receives a copy of an
5-8 affidavit under Subsection (k)(2) of this section may file, with
5-9 the court within five days after the date the copy is received, a
5-10 contest to the affidavit. The court shall hold a hearing on the
5-11 facts alleged in the affidavit as soon as practicable and shall
5-12 stay the enforcement of the penalty on finding that the alleged
5-13 facts are true. The person who files an affidavit has the burden
5-14 of proving that the person is financially unable to pay the amount
5-15 of the penalty and to give a supersedeas bond.
5-16 (m) If the person does not pay the amount of the penalty and
5-17 the enforcement of the penalty is not stayed, the executive
5-18 director may refer the matter to the attorney general for
5-19 collection of the amount of the penalty.
5-20 (n) Judicial review of the order of the board:
5-21 (1) is instituted by filing a petition as provided by
5-22 Section 19, Administrative Procedure and Texas Register Act
5-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
5-24 subsequent amendments; and
5-25 (2) is under the substantial evidence rule.
5-26 (o) If the court sustains the occurrence of the violation,
5-27 the court may uphold or reduce the amount of the penalty and order
6-1 the person to pay the full or reduced amount of the penalty. If
6-2 the court does not sustain the occurrence of the violation, the
6-3 court shall order that no penalty is owed.
6-4 (p) When the judgment of the court becomes final, the court
6-5 shall proceed under this subsection. If the person paid the amount
6-6 of the penalty and if that amount is reduced or is not upheld by
6-7 the court, the court shall order that the appropriate amount plus
6-8 accrued interest be remitted to the person. The rate of the
6-9 interest is the rate charged on loans to depository institutions by
6-10 the New York Federal Reserve Bank, and the interest shall be paid
6-11 for the period beginning on the date the penalty was paid and
6-12 ending on the date the penalty is remitted. If the person gave a
6-13 supersedeas bond and if the amount of the penalty is not upheld by
6-14 the court, the court shall order the release of the bond. If the
6-15 person gave a supersedeas bond and if the amount of the penalty is
6-16 reduced, the court shall order the release of the bond after the
6-17 person pays the amount.
6-18 (q) A penalty collected under this section shall be remitted
6-19 to the comptroller for deposit in the general revenue fund.
6-20 (r) All proceedings under this section are subject to the
6-21 Administrative Procedure and Texas Register Act (Article 6252-13a,
6-22 Vernon's Texas Civil Statutes) and its subsequent amendments.
6-23 SECTION 3. Article 4568, Revised Statutes, is amended by
6-24 amending Subsections (a) through (f) and adding Subsections (m)
6-25 through (r) to read as follows:
6-26 (a) The Texas State Board of Podiatry Examiners shall
6-27 consist of nine (9) members. Six (6) members must be reputable
7-1 practicing podiatrists who have resided in this state and who have
7-2 been actively engaged in the practice of podiatry for five (5)
7-3 years immediately preceding their appointment. Three (3) members
7-4 must be representatives of the general public. However, a public
7-5 member may not participate in any part of the examination process
7-6 for applicants for a license issued by the Board that requires
7-7 knowledge of the practice of podiatry. Appointments to the Board
7-8 shall be made by the Governor without regard to the race, color,
7-9 disability, <creed,> sex, religion, or national origin of the
7-10 appointees.
7-11 (b) A person is not eligible for appointment as a public
7-12 member if the person or the person's spouse:
7-13 (1) is registered, certified, or licensed by an
7-14 occupational regulatory agency in the field of health care;
7-15 (2) is employed by or participates in the management
7-16 of a <an agency or> business entity or other organization regulated
7-17 by the Board or receiving funds from the Board <that provides
7-18 health-care services or that sells, manufactures, or distributes
7-19 health-care supplies or equipment>; <or>
7-20 (3) owns or controls, directly or indirectly, more
7-21 than a 10 percent interest in a business entity or other
7-22 organization regulated by the Board or receiving funds from the
7-23 Board; or
7-24 (4) uses or receives a substantial amount of tangible
7-25 goods, services, or funds from the Board, other than compensation
7-26 or reimbursement authorized by law for Board membership,
7-27 attendance, or expenses <has, other than as a consumer, a financial
8-1 interest in a business entity that provides health-care services or
8-2 that sells, manufactures, or distributes health-care supplies or
8-3 equipment>.
8-4 (c)(1) An officer, employee, or paid consultant of a Texas
8-5 trade association in the field of health services may not be a
8-6 member or employee of the Board who is exempt from the state's
8-7 position classification plan or is compensated at or above the
8-8 amount prescribed by the General Appropriations Act for step 1,
8-9 salary group 17, of the position classification salary schedule.
8-10 (2) A person who is the spouse of an officer, manager,
8-11 or paid consultant of a Texas trade association in the field of
8-12 health services may not be a Board member and may not be an
8-13 employee of the Board who is exempt from the state's position
8-14 classification plan or is compensated at or above the amount
8-15 prescribed by the General Appropriations Act for step 1, salary
8-16 group 17, of the position classification salary schedule.
8-17 (3) For the purposes of this section, a Texas trade
8-18 association is a nonprofit, cooperative, and voluntarily joined
8-19 association of business or professional competitors in this state
8-20 designed to assist its members and its industry or profession in
8-21 dealing with mutual business or professional problems and in
8-22 promoting their common interest <A member or employee of the Board
8-23 may not be an officer, employee, or paid consultant of a statewide
8-24 or national trade association in the health-care industry. A
8-25 member or employee of the Board may not be related within the
8-26 second degree by affinity or consanguinity, as determined under
8-27 Article 5996h, Revised Statutes, to a person who is an officer,
9-1 employee, or paid consultant of a statewide or national trade
9-2 association in the health-care industry>.
9-3 (d) A person may not serve as a member of the Board or act
9-4 as the general counsel to the Board if the person is required to
9-5 register as a lobbyist under Chapter 305, Government Code, and its
9-6 subsequent amendments, because of the person's activities for
9-7 compensation on behalf of a profession related to the operation of
9-8 the Board <who is required to register as a lobbyist under Chapter
9-9 305, Government Code, may not serve as a member of the Board or act
9-10 as the general counsel to the Board>.
9-11 (e) It is a ground for removal from the Board if a member:
9-12 (1) does not have at the time of appointment the
9-13 qualifications required by Subsection <Section> (a) or (b) of this
9-14 article for appointment to the Board;
9-15 (2) does not maintain during service on the Board the
9-16 qualifications required by Subsection (a) or (b) of this article;
9-17 (3) <(2)> violates a prohibition established by
9-18 Subsection <Section> (c) or (d) of this article; <or>
9-19 (4) cannot discharge the member's duties for a
9-20 substantial part of the term for which the member is appointed
9-21 because of illness or disability; or
9-22 (5) is absent from more than half of the regularly
9-23 scheduled board meetings that the member is eligible to attend
9-24 during a calendar year unless the absence is excused by a majority
9-25 vote of the Board
9-26 <(3) fails to attend at least half of the regularly
9-27 scheduled Board meetings held in a calendar year, excluding
10-1 meetings held while the person was not a Board member>.
10-2 (f)(1) The validity of an action of the Board is not
10-3 affected by the fact that it is taken when a ground for removal of
10-4 a Board member exists.
10-5 (2) If the executive director has knowledge that a
10-6 potential ground for removal exists, the executive director shall
10-7 notify the presiding officer of the Board of the ground. The
10-8 presiding officer shall then notify the governor that a potential
10-9 ground for removal exists <If a ground for removal of a member of
10-10 the Board exists, the Board's actions during the existence of the
10-11 ground for removal are not invalid for that reason>.
10-12 (m) The Board shall file annually with the governor and the
10-13 presiding officer of each house of the legislature a complete and
10-14 detailed written report accounting for all funds received and
10-15 disbursed by the Board during the preceding fiscal year. The
10-16 annual report must be in the form and reported in the time provided
10-17 by the General Appropriations Act.
10-18 (n) The executive director or the director's designee shall
10-19 develop an intraagency career ladder program. The program shall
10-20 require intraagency posting of all non-entry-level positions
10-21 concurrently with any public posting.
10-22 (o) The executive director or the director's designee shall
10-23 develop a system of annual performance evaluations based on
10-24 measurable job tasks. All merit pay for Board employees must be
10-25 based on the system established under this subsection.
10-26 (p) The Board shall develop and implement policies that
10-27 clearly define the respective responsibilities of the Board and the
11-1 staff of the Board.
11-2 (q) The Board shall prepare and maintain a written plan that
11-3 describes how a person who does not speak English can be provided
11-4 reasonable access to the Board's programs. The Board shall also
11-5 comply with federal and state laws for program and facility
11-6 accessibility.
11-7 (r) The Board shall develop and implement policies that
11-8 provide the public with a reasonable opportunity to appear before
11-9 the Board and to speak on any issue under the jurisdiction of the
11-10 Board.
11-11 SECTION 4. Article 4568b, Revised Statutes, is amended to
11-12 read as follows:
11-13 Art. 4568b. Sunset provision. The Texas State Board of
11-14 Podiatry Examiners is subject to Chapter 325, Government Code
11-15 (Texas Sunset Act). Unless continued in existence as provided by
11-16 that chapter, the board is abolished September 1, 2005 <1993>.
11-17 SECTION 5. Chapter 11, Title 71, Revised Statutes, is
11-18 amended by adding Article 4568c to read as follows:
11-19 Art. 4568c. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
11-20 executive director or the director's designee shall prepare and
11-21 maintain a written policy statement to assure implementation of a
11-22 program of equal employment opportunity under which all personnel
11-23 transactions are made without regard to race, color, disability,
11-24 sex, religion, age, or national origin. The policy statement must
11-25 include:
11-26 (1) personnel policies, including policies relating to
11-27 recruitment, evaluation, selection, application, training, and
12-1 promotion of personnel that are in compliance with the Commission
12-2 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
12-3 and its subsequent amendments;
12-4 (2) a comprehensive analysis of the board work force
12-5 that meets federal and state guidelines;
12-6 (3) procedures by which a determination can be made of
12-7 significant underutilization in the board work force of all persons
12-8 for whom federal or state guidelines encourage a more equitable
12-9 balance; and
12-10 (4) reasonable methods to appropriately address those
12-11 areas of underutilization.
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) In order to ensure the continuing competence of persons
14-12 licensed to practice podiatry, the Texas State Board of Podiatry
14-13 Examiners may adopt and administer rules requiring continuing
14-14 education<, not to exceed 25 hours per licensee per year,> as a
14-15 prerequisite to annual license renewal. If adopted by the Board,
14-16 such rules shall establish standards of accreditation for
14-17 continuing education programs or courses of study, and only those
14-18 programs or courses of study which are inspected and accredited by
14-19 the Board shall apply toward the satisfaction of such continuing
14-20 education requirements. The Board is hereby authorized to impose a
14-21 fee, not to exceed $25 per licensee per year, to cover the cost of
14-22 administration of any continuing education rules which may be
14-23 adopted pursuant to this Section.
14-24 (d) A person may renew his unexpired license by <satisfying
14-25 any continuing education requirements pursuant to Subsection (c) of
14-26 this Section and by> paying to the Board before the expiration date
14-27 of the license the required renewal fee.
15-1 (e) If a person's license has been expired for 90 days or
15-2 less, the person may renew the license by <satisfying any
15-3 continuing education requirements pursuant to Subsection (c) of
15-4 this Section and by> paying to the Board the required renewal fee
15-5 and a fee that is one-half of the examination fee for the license.
15-6 (g) If a person's license has been expired for more than 90
15-7 days but less than one year <two years>, the person may renew the
15-8 license by <satisfying any continuing education requirements
15-9 pursuant to Subsection (c) of this Section and by> paying to the
15-10 Board all unpaid renewal fees and a fee that is equal to the
15-11 examination fee for the license.
15-12 (h) If a person's license has been expired for one year or
15-13 longer <two years or more>, the person may not renew the license.
15-14 The person may obtain a new license by submitting to reexamination
15-15 and complying with the requirements and procedures for obtaining an
15-16 original license. However, the Board may renew without
15-17 reexamination an expired license of a person who was licensed in
15-18 this state, moved to another state, and is currently licensed and
15-19 has been in practice in the other state for the two years preceding
15-20 application. The person must pay to the Board a fee that is equal
15-21 to the examination fee for the license.
15-22 (i) At least 30 days before the expiration of a person's
15-23 license, the Board shall send written notice of the impending
15-24 license expiration to the person at the licensee's last known
15-25 address according to the records of the Board.
15-26 SECTION 9. Article 4571, Revised Statutes, is amended by
15-27 adding Section 7 to read as follows:
16-1 Sec. 7. The Board by rule may provide for a person who holds
16-2 a license under this chapter to be placed on inactive status.
16-3 Rules adopted under this section shall include a time limit for a
16-4 license holder to remain on inactive status.
16-5 SECTION 10. Chapter 11, Title 71, Revised Statutes, is
16-6 amended by adding Article 4571a to read as follows:
16-7 Art. 4571a. PROVISIONAL LICENSES. (a) On application, the
16-8 board shall grant a provisional license to practice podiatry. An
16-9 applicant for a provisional license under this section must:
16-10 (1) be licensed in good standing as a podiatrist in
16-11 another state, the District of Columbia, or a territory of the
16-12 United States that has licensing requirements that are
16-13 substantially equivalent to the requirements of this chapter;
16-14 (2) have passed a national or other examination
16-15 recognized by the board relating to the practice of podiatry; and
16-16 (3) be sponsored by a person licensed by the board
16-17 under this chapter with whom the provisional license holder may
16-18 practice under this article.
16-19 (b) An applicant for a provisional license may be excused
16-20 from the requirement of Subsection (a)(3) of this article if the
16-21 board determines that compliance with that subsection constitutes a
16-22 hardship to the applicant.
16-23 (c) A provisional license is valid until the date the board
16-24 approves or denies the provisional license holder's application for
16-25 a license. The board shall issue a license under this chapter to
16-26 the holder of a provisional license under this section if:
16-27 (1) the provisional license holder passes the
17-1 examination required by Article 4569, Revised Statutes, and its
17-2 subsequent amendments;
17-3 (2) the board verifies that the provisional license
17-4 holder has the academic and experience requirements for a license
17-5 under this chapter; and
17-6 (3) the provisional license holder satisfies any other
17-7 license requirements under this chapter.
17-8 (d) The board must complete the processing of a provisional
17-9 license holder's application for a license not later than the 180th
17-10 day after the date the provisional license is issued.
17-11 SECTION 11. Chapter 11, Title 71, Revised Statutes, is
17-12 amended by adding Article 4571b to read as follows:
17-13 Art. 4571b. TEMPORARY LICENSE. (a) The board by rule may
17-14 adopt a procedure for the issuance of a temporary license to an
17-15 applicant other than an applicant who applies under Article 4571a,
17-16 Revised Statutes, and its subsequent amendments.
17-17 (b) Rules adopted under this article shall establish the
17-18 criteria for issuance of a temporary license and shall establish a
17-19 maximum period during which a temporary license is valid.
17-20 SECTION 12. Subsections (a) and (b), Article 4573, Revised
17-21 Statutes, are amended to read as follows:
17-22 (a) The Board shall maintain an information file about each
17-23 complaint filed with the Board <relating to a licensee>. If a
17-24 written complaint is filed with the Board <relating to a licensee>,
17-25 the Board, at least <as frequently as> quarterly and until final
17-26 disposition of the complaint, shall notify the parties to the
17-27 complaint of the status of the complaint <until final disposition>
18-1 unless the notification would jeopardize an undercover
18-2 investigation.
18-3 (b) The Board shall revoke or suspend a license, place on
18-4 probation a person whose license has been suspended <probate a
18-5 license suspension>, or reprimand a licensee for violation of the
18-6 law regulating the practice of podiatry or a rule adopted by the
18-7 Board. If a license suspension is probated, the Board may require
18-8 the license holder to:
18-9 (1) report regularly to the Board on matters that are
18-10 the basis of the probation;
18-11 (2) limit practice to the areas prescribed by the
18-12 Board; or
18-13 (3) continue or review continuing professional
18-14 education until the license holder attains a degree of skill
18-15 satisfactory to the Board in those areas that are the basis of the
18-16 probation.
18-17 SECTION 13. Chapter 11, Title 71, Revised Statutes, is
18-18 amended by adding Article 4573c to read as follows:
18-19 Art. 4573c. PODIATRIC PEER REVIEW COMMITTEES
18-20 Sec. 1. In this article:
18-21 (1) "Podiatric peer review committee" means the
18-22 podiatric peer review, judicial, or grievance committee of a
18-23 podiatric medical society or association that is authorized to
18-24 evaluate the quality of podiatry services or the competence of a
18-25 podiatrist. A podiatric peer review committee includes the
18-26 members, employees, and agents of the committee.
18-27 (2) "Podiatric medical society or association" means a
19-1 membership organization of podiatrists that is incorporated under
19-2 the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
19-3 Vernon's Texas Civil Statutes) or that is exempt from the payment
19-4 of federal income taxes under Section 501(c) of the Internal
19-5 Revenue Code of 1986 (26 U.S.C. Section 501(c)).
19-6 Sec. 2. Except for an action involving fraud, conspiracy, or
19-7 malice, a podiatric peer review committee is immune from liability
19-8 and may not be subject to a suit for damages for any act arising
19-9 from the performance of the committee's duties in investigating a
19-10 disagreement or complaint, holding a hearing to determine facts, or
19-11 making an evaluation, recommendation, decision, or award involving
19-12 a podiatrist who is a member of the podiatric medical society or
19-13 association or another podiatrist, podiatric patient, or third
19-14 party who requests the services of the committee.
19-15 Sec. 3. Except as otherwise provided by this article, the
19-16 proceedings and records of a podiatric peer review committee are
19-17 confidential and all communications made to a podiatric peer review
19-18 committee are privileged. However, if a judge makes a preliminary
19-19 finding that the proceedings, records, or communications of a
19-20 podiatric peer review committee are relevant to an anticompetitive
19-21 action or to an action brought under federal civil rights laws, the
19-22 proceedings, records, or communications are not considered to be
19-23 confidential to the extent the proceedings, records, or
19-24 communications are determined to be relevant to that action.
19-25 Sec. 4. Written or oral communications made to a podiatric
19-26 peer review committee and the records and proceedings of a peer
19-27 review committee may be disclosed to:
20-1 (1) another podiatric peer review committee;
20-2 (2) an appropriate state or federal agency;
20-3 (3) a national accreditation body; or
20-4 (4) the Texas State Board of Podiatry Examiners or the
20-5 state board of registration or licensure of podiatrists in another
20-6 state.
20-7 Sec. 5. (a) The disclosure of confidential podiatric peer
20-8 review committee information to the affected podiatrist that is
20-9 relevant to the matter under review by the committee does not
20-10 constitute a waiver of the confidentiality provisions of this
20-11 article.
20-12 (b) If a podiatric peer review committee takes action that
20-13 could result in censure or suspension, restriction, limitation, or
20-14 revocation of a license by the Texas State Board of Podiatry
20-15 Examiners or a denial of membership or privileges in a health care
20-16 entity, the affected podiatrist shall be provided a written copy of
20-17 the recommendation of the podiatric peer review committee and a
20-18 copy of the final decision, including a statement of the basis for
20-19 the decision.
20-20 Sec. 6. (a) Unless disclosure is required or authorized by
20-21 law, the records or determinations of a podiatric peer review
20-22 committee or communications made to a podiatric peer review
20-23 committee are not subject to subpoena or discovery and are not
20-24 admissible as evidence in a civil or administrative proceeding.
20-25 However, a committee may in writing waive the privilege of
20-26 confidentiality.
20-27 (b) The evidentiary privilege under this article may be
21-1 invoked by any person or organization in a civil or administrative
21-2 proceeding unless the person or organization has secured a waiver
21-3 of the privilege executed in writing by the chairman,
21-4 vice-chairman, or secretary of the affected podiatric peer review
21-5 committee.
21-6 (c) If a podiatric peer review committee, a person
21-7 participating in peer review, or an organization named as a
21-8 defendant in any civil action filed as a result of participating in
21-9 peer review is permitted to use confidential information in the
21-10 defendant's defense or in a claim or suit under Section 9 of this
21-11 article, the plaintiff in that proceeding also may disclose the
21-12 records or determinations of a peer review committee or
21-13 communications made to a peer review committee to rebut the
21-14 defendant.
21-15 (d) A person who seeks access to privileged information must
21-16 plead and prove waiver of the privilege.
21-17 (e) A member, employee, or agent of a podiatric peer review
21-18 committee who provides access to otherwise privileged
21-19 communications or records in cooperation with a law enforcement
21-20 authority in a criminal investigation has not waived any privilege
21-21 established under this article.
21-22 Sec. 7. (a) All persons, including the governing body and
21-23 medical staff of a health care entity, shall comply with a subpoena
21-24 issued by the Texas State Board of Podiatry Examiners for documents
21-25 or information.
21-26 (b) The disclosure of documents or information under a
21-27 subpoena does not constitute a waiver of the confidentiality
22-1 privilege associated with a podiatric peer review committee
22-2 proceeding.
22-3 (c) Failure to comply with a subpoena constitutes grounds
22-4 for disciplinary action against the facility or individual by the
22-5 Texas State Board of Podiatry Examiners.
22-6 Sec. 8. A person, health care entity, or podiatric peer
22-7 review committee that participates in podiatric peer review
22-8 activity or furnishes records, information, or assistance to a
22-9 podiatric peer review committee or to the Texas State Board of
22-10 Podiatry Examiners is immune from any civil liability arising from
22-11 those acts if the acts were made in good faith and without malice.
22-12 Sec. 9. A podiatric peer review committee, a person
22-13 participating in peer review, or another entity named as a
22-14 defendant in any civil action filed as a result of the defendant's
22-15 participation in peer review may file a counterclaim in the pending
22-16 action or may prove a cause of action in a subsequent suit to
22-17 recover defense costs, including court costs, attorney fees, and
22-18 damages incurred as a result of the civil action, if the
22-19 plaintiff's original suit is determined to be frivolous or to have
22-20 been brought in bad faith.
22-21 SECTION 14. Chapter 11, Title 71, Revised Statutes, is
22-22 amended by adding Article 4573d to read as follows:
22-23 Art. 4573d. INFORMAL PROCEEDINGS. (a) The board by rule
22-24 shall adopt procedures governing:
22-25 (1) informal disposition of a contested case under
22-26 Section 13(e), Administrative Procedure and Texas Register Act
22-27 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
23-1 subsequent amendments; and
23-2 (2) informal proceedings held in compliance with
23-3 Section 18(c), Administrative Procedure and Texas Register Act
23-4 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
23-5 subsequent amendments.
23-6 (b) Rules adopted under this article must provide the
23-7 complainant and the licensee an opportunity to be heard and must
23-8 require the presence of a representative of the office of the
23-9 attorney general to advise the board or the board's employees.
23-10 SECTION 15. Subsection (a), Article 4574, Revised Statutes,
23-11 is amended to read as follows:
23-12 (a) The board by rule shall establish reasonable and
23-13 necessary fees so that the fees, in the aggregate, produce
23-14 sufficient revenue to cover the cost of administering this chapter.
23-15 The fees set by the board may be adjusted so that the total fees
23-16 collected are sufficient to meet the expenses of administering this
23-17 chapter. The board may not set a fee for an amount less than the
23-18 amount of that fee on September 1, 1993. <for the administration of
23-19 this article in amounts not to exceed:>
23-20 <1. Examination ........................... $500>
23-21 <2. Reexamination .......................... 500>
23-22 <3. Renewal ................................ 200>
23-23 <4. Duplicate license ....................... 50>
23-24 SECTION 16. Article 4575c, Revised Statutes, is amended to
23-25 read as follows:
23-26 Art. 4575c. Consumer information. (a) The board shall
23-27 prepare information of public <consumer> interest describing the
24-1 <regulatory> functions of the board and the board's procedures by
24-2 which <consumer> complaints are filed with and resolved by the
24-3 board. The board shall make the information available to the
24-4 <general> public and appropriate state agencies.
24-5 (b) The board by rule shall establish methods by which
24-6 consumers and service recipients are notified of the name, mailing
24-7 address, and telephone number of the board for the purpose of
24-8 directing complaints to the board. The board may provide for that
24-9 notification:
24-10 (1) on each registration form, application, or written
24-11 contract for services of an individual or entity regulated by the
24-12 board;
24-13 (2) on a sign prominently displayed in the place of
24-14 business of each individual or entity regulated by the board; or
24-15 (3) in a bill for service provided by an individual or
24-16 entity regulated by the board <Each written contract for services
24-17 in this state of a licensed podiatrist shall contain the name,
24-18 mailing address, and telephone number of the board>.
24-19 (c) The board shall list along with its regular telephone
24-20 number the toll-free telephone number that may be called to present
24-21 a complaint about a health professional if the toll-free number is
24-22 established under other state law <There shall at all times be
24-23 prominently displayed in the place of business of each licensed
24-24 podiatrist a sign containing the name, mailing address, and
24-25 telephone number of the board and a statement informing consumers
24-26 that complaints against licensees may be directed to the board>.
24-27 SECTION 17. Subsection (j), Article 4569, Revised Statutes,
25-1 and Subsection (g), Article 4570, Revised Statutes, are repealed.
25-2 SECTION 18. A contested case pending before the Texas State
25-3 Board of Podiatry Examiners on the effective date of this Act is
25-4 transferred to the State Office of Administrative Hearings and
25-5 actions taken in the proceeding are treated as if taken by the
25-6 State Office of Administrative Hearings.
25-7 SECTION 19. The changes in law made by Section 3 of this Act
25-8 relating to the requirements for membership on the Texas State
25-9 Board of Podiatry Examiners apply only to an appointment made on or
25-10 after the effective date of this Act, and do not affect the
25-11 entitlement of a member serving on the board on the effective date
25-12 of this Act to continue to hold office for the remainder of the
25-13 term for which the person was appointed.
25-14 SECTION 20. This Act takes effect September 1, 1993.
25-15 SECTION 21. The importance of this legislation and the
25-16 crowded condition of the calendars in both houses create an
25-17 emergency and an imperative public necessity that the
25-18 constitutional rule requiring bills to be read on three several
25-19 days in each house be suspended, and this rule is hereby suspended.