BILL ANALYSIS
S.B. 929
By: Barrientos
Health and Human Services
04-13-95
Committee Report (Unamended)
BACKGROUND
Certain sections of state law regarding the Texas State Board of
Podiatry Examiners contain antiquated and limiting language.
PURPOSE
As proposed, S.B. 929 updates language in the statutes relating to
the Texas State Board of Podiatric Medical Examiners.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 4567b, V.T.C.S., by amending Subdivision
(1) and adding Subdivisions (3) and (4), to redefine "board" and to
define "podiatrist" and "podiatry."
SECTION 2. Amends Section 4567b, V.T.C.S., to make conforming
changes.
SECTION 3. Amends Subsections (a), (g), (h), and (j), Article 4568,
V.T.C.S., as follows:
(a) Makes conforming changes.
(g) Requires the Texas State Board of Podiatric Medical
Examiners (board), biennially at the first regular scheduled
meeting, to elect a president, vice-president, and secretary.
Deletes the provisions requiring the secretary-treasurer to
file a bond with the secretary of state.
(h) Makes conforming changes.
(j) Authorizes the board to request or compel by subpoena the
production of any evidence relevant to the investigation of an
alleged violation of this chapter. Authorizes the board, if
a person fails to comply with the subpoena, to file suit to
enforce the subpoena in a certain district court. Requires
the court, if it determines that good cause existed for the
issuance of the subpoena, to order compliance with the
subpoena, and makes failure to obey the order punishable as
contempt. Makes conforming and nonsubstantive changes.
SECTION 4. Amends Article 4568b, V.T.C.S., to make conforming
changes.
SECTION 5. Amends Subsections (a), (c), (d), (f), and (i), Article
4569, V.T.C.S., as follows:
(a) Makes conforming changes.
(c) Deletes the requirement that licensing examinations be
written in the English language. Requires the passing score
for the examination to be determined by the board.
(d) Adds pharmacology, and deletes materia medica, from the
subjects required for examination.
(f) Requires all applicants to pay to the board, rather than
the secretary-treasurer of the board, the examination fee.
(i) Requires the board, rather than the secretary-treasurer of
the board, to notify each examinee of the results of the
examination.
SECTION 6. Amends Subsection (b), Article 4569a, V.T.C.S., to make
conforming changes.
SECTION 7. Amends Subsections (a), (c), (d), and (e), Article 4570,
V.T.C.S., as follows:
(a), (c), and (d) Make conforming changes.
(e) Grants any applicant refused admittance to examination the
right to try the issue in the district court of Travis County.
SECTION 8. Amends Sections 1(a) and (b), Article 4571, V.T.C.S.,
as follows:
(a) Makes conforming changes.
(b) Requires the board, on or before October, rather than
August, first of each year to notify all Texas licensed
podiatrists that the annual license renewal fee is due on the
following November, rather than September, first.
SECTION 9. Amends Sections 4 and 5, Article 4571, V.T.C.S., to make
conforming changes.
SECTION 10. Amends Section 6(a), Article 4571, V.T.C.S., to
delete active duty with the United States Maritime Service or the
State Militia from the circumstances which authorize the renewal,
without fee or examination, of the license of a licensed podiatrist
engaged in such duty.
SECTION 11. Amends Article 4573, V.T.C.S., by amending
Subsections (g) and (h) and adding Subsections (j)-(n), as follows:
(g) Makes conforming changes.
(h)-(i) Redesignate existing Subsections (g) and (h).
(j) Makes privileged, confidential, and not subject to any
legal method of compelling release investigative information
possessed, received or gathered by the board that relates to
a license holder or application, or a criminal investigation
or proceeding.
(k) Sets forth guidelines for the board to provide the license
holder with access to information in the board's possession.
(l) Authorizes investigative information possessed by the
board that relates to a disciplinary action regarding a
license holder to be disclosed to a licensing agency or a peer
review committee under certain circumstances.
(m) Requires the board to report to the appropriate law
enforcement agency any information obtained during an
investigation which is indicative of a possible crime, and to
cooperate and assist the agency by providing relevant
information, which is to be kept confidential.
(n) Requires the board to provide information to a health care
entity concerning a complaint filed against a license holder
that was resolved or concerning the basis for and status of an
active investigation of a license holder.
SECTION 12. Amends Sections 1(a) and (c), Article 4573b,
V.T.C.S., to make conforming changes.
SECTION 13. Amends Sections 2-5, Article 4573b, V.T.C.S., to
make conforming changes.
SECTION 14. Amends Section 4, Article 4573f, V.T.C.S., to make
conforming changes.
SECTION 15. Amends Section 5(b), Article 4573f, V.T.C.S., to
make conforming changes.
SECTION 16. Amends Sections 7(a) and (c), Article 4573f,
V.T.C.S., to make conforming changes.
SECTION 17. Amends Section 8, Article 4573f, V.T.C.S., to make
conforming changes.
SECTION 18. Amends Section 6, Article 4575a, V.T.C.S., to make
conforming changes.
SECTION 19. Amends Article 60.061(a), Code of Criminal
Procedure, to make conforming changes.
SECTION 20. Amends Section 241.003(10), Health and Safety Code,
to make conforming changes.
SECTION 21. Amends Section 401.064(f), Health and Safety Code,
to make conforming changes.
SECTION 22. Amends Section 481.076(a), Health and Safety Code,
to make conforming changes.
SECTION 23. Amends Section 483.001(12), Health and Safety Code,
to make conforming changes.
SECTION 24. Amends Section 2(B), Article 3.70-2, V.T.C.S., to
make conforming changes.
SECTION 25. Amends Article 21.52A, Insurance Code, to make
conforming changes.
SECTION 26. Amends Section 19(a)(1), Article 4512e, V.T.C.S., to
make conforming changes.
SECTION 27. Amends Section 2.08(a), Article 4512m, V.T.C.S.
(Medical Radiologic Technologist Certification Act), to make
conforming changes.
SECTION 28. Amends Section 1(b), Article 4512p, V.T.C.S., to
make conforming changes.
SECTION 29. Amends Section 5, Article 4518, V.T.C.S., to make
conforming changes.
SECTION 30. Amends Section 3, Article 4590e, V.T.C.S. (Healing
Art Identification Act), to make conforming changes.
SECTION 31. Repealer: Section 1, Chapter 96, Article 4567a,
V.T.C.S. (Definitions).
SECTION 32. Makes application of Subsection (j), Article 4568,
and Subsections (j)-(n), Article 4573, V.T.C.S., prospective.
SECTION 33. Emergency clause.
Effective date: 90 days after adjournment.