By Combs H.B. No. 1903
74R5405 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of podiatric medicine.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Article 4567, Revised Statutes,
1-5 is amended by amending Subdivision (1) and adding Subdivisions (3)
1-6 and (4) to read as follows:
1-7 (1) "Board" means the Texas State Board of Podiatric
1-8 Medical <Podiatry> Examiners.
1-9 (3) "Podiatrist" means a person licensed under this
1-10 chapter to practice podiatry as described by Subsection (a) of this
1-11 article. The term includes a podiatric physician.
1-12 (4) "Podiatry" means the practice described by
1-13 Subsection (a) of this article and Article 4567b, Revised Statutes,
1-14 and includes podiatric medicine.
1-15 SECTION 2. Article 4567b, Revised Statutes, is amended to
1-16 read as follows:
1-17 Art. 4567b. PRACTICE OF PODIATRY; PENALTY. Any person
1-18 shall be regarded as practicing podiatry within the meaning of this
1-19 law, and shall be deemed and construed to be a podiatrist, who
1-20 shall treat or offer to treat any disease or disorder, physical
1-21 injury or deformity, or ailment of the human foot by any system or
1-22 method and charge therefore, directly or indirectly, money or other
1-23 compensation, or who shall publicly profess or claim to be a
1-24 chiropodist, podiatrist, podiatric physician, foot specialist,
2-1 doctor or use any title, degree, letter, syllable, word or words
2-2 that would tend to lead the public to believe such person was a
2-3 practitioner authorized to practice or assume the duties incident
2-4 to the practice of podiatry. Whoever professes to be a podiatrist,
2-5 practices or assumes the duties incident to the practice of
2-6 podiatry within the meaning of this law or Article, without first
2-7 obtaining from the Texas State Board of Podiatric Medical
2-8 <Podiatry> Examiners a license authorizing such person to practice
2-9 podiatry, shall be punished by a fine of not less than Fifty
2-10 Dollars ($50), nor more than Five Hundred Dollars ($500), or by
2-11 imprisonment in the county jail of not less than thirty (30) days,
2-12 nor more than six (6) months, or by both fine and imprisonment.
2-13 SECTION 3. Subsections (a), (g), (h), and (j), Article 4568,
2-14 Revised Statutes, are amended to read as follows:
2-15 (a) The Texas State Board of Podiatric Medical <Podiatry>
2-16 Examiners shall consist of nine (9) members. Six (6) members must
2-17 be reputable practicing podiatrists who have resided in this state
2-18 and who have been actively engaged in the practice of podiatry for
2-19 five (5) years immediately preceding their appointment. Three (3)
2-20 members must be representatives of the general public. However, a
2-21 public member may not participate in any part of the examination
2-22 process for applicants for a license issued by the Board that
2-23 requires knowledge of the practice of podiatry. Appointments to
2-24 the Board shall be made by the Governor without regard to the race,
2-25 color, disability, sex, religion, or national origin of the
2-26 appointees.
2-27 (g) The term of office of each member of said Board shall be
3-1 six (6) years. At the expiration of the term of each member, his
3-2 successor shall be appointed by the Governor of this State and he
3-3 shall serve for a term of six (6) years, or until his successor
3-4 shall be appointed and qualified. The members of the Texas State
3-5 Board of Podiatric Medical <Podiatry> Examiners shall, before
3-6 entering upon the duties of their offices, qualify, by subscribing
3-7 to, before a notary public or other officer authorized by law to
3-8 administer oaths, and filing with the Secretary of State, the
3-9 constitutional oath of office. They shall, biennially thereafter
3-10 at the first regular scheduled meeting <in the month of January>,
3-11 elect from their number a president, vice-president, and secretary
3-12 <secretary-treasurer>. <The secretary-treasurer, before entering
3-13 upon his duties, shall file a bond with the Secretary of State for
3-14 such sum as will be twice the amount of cash on hand at the time
3-15 the bond is filed; provided, however, that the amount of said bond
3-16 shall, in no case, be less than Five Thousand Dollars ($5,000).
3-17 Said bond shall be payable to the Governor of this State, for the
3-18 benefit of said Board; shall be conditioned upon the faithful
3-19 performance of the duties of such officer; and shall be in such
3-20 form as may be approved by the Attorney General of this State; and
3-21 shall be executed by a surety company, as surety, and be approved
3-22 by the Texas State Board of Podiatry Examiners.>
3-23 (h) Said Texas State Board of Podiatric Medical <Podiatry>
3-24 Examiners shall hold meetings at least twice a year and special
3-25 meetings when necessary at such times and places as the Board deems
3-26 most convenient for applicants for examinations for license.
3-27 Special meetings shall be held upon request of a majority of the
4-1 members of the Board, or upon the call of the president. Five (5)
4-2 members of the Board shall constitute a quorum for the transaction
4-3 of business and should a quorum not be present on the day appointed
4-4 for any meeting, those present may adjourn from day to day until a
4-5 quorum be present.
4-6 (j) The Board shall adopt all reasonable or necessary rules,
4-7 regulations, and bylaws, not inconsistent with the law regulating
4-8 the practice of podiatry, the laws of this State, or of the United
4-9 States, to govern its proceedings and activities, the regulation of
4-10 the practice of podiatry and the enforcement of the law regulating
4-11 the practice of podiatry. If the appropriate standing committees
4-12 of both houses of the legislature acting under Section 2001.032,
4-13 Government Code <5(g), Administrative Procedure and Texas Register
4-14 Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes)>,
4-15 transmit to the Board statements opposing adoption of a rule under
4-16 that subsection, the rule may not take effect or, if the rule has
4-17 already taken effect, the rule is repealed effective on the date
4-18 the Board receives the committees' statements. The Board shall
4-19 have power to appoint committees from its own membership, the
4-20 duties of which shall be to consider such matters pertaining to the
4-21 enforcement of the law regulating the practice of podiatry and the
4-22 regulations promulgated in accordance therewith as shall be
4-23 referred to said committees, and to make recommendations to the
4-24 Board with respect thereto. The Board may contract with the Texas
4-25 State Board of Medical Examiners or any other appropriate state
4-26 agency for the provision of some or all of the services necessary
4-27 to carry out the activities of the Board. The Board may request
5-1 and, if necessary, <any committee, or any members thereof shall
5-2 have the power to issue subpoenas and to> compel by subpoena the
5-3 attendance of witnesses for examination under oath and the
5-4 production of books, accounts, records, papers, correspondence,
5-5 <and> documents, and other evidence relevant to the investigation
5-6 of an alleged violation of this chapter. If a person fails to
5-7 comply with a subpoena issued under this subsection, the Board,
5-8 through the attorney general, may file suit to enforce the subpoena
5-9 in a district court in Travis County or in a county in which a
5-10 hearing conducted by the Board may be held. If the court
5-11 determines that good cause existed for the issuance of the
5-12 subpoena, the court shall order compliance with the subpoena.
5-13 Failure to obey the order of the court is punishable by the court
5-14 as contempt<, to administer oaths and to take testimony concerning
5-15 all matters within its or his jurisdiction>. The Board shall not
5-16 be bound by the strict rules of procedure or by the laws of
5-17 evidence in the conduct of its proceedings, but the determination
5-18 shall be founded upon sufficient legal evidence to sustain it. The
5-19 Board shall have the right to institute an action in its own name
5-20 to enjoin the violation of any of the provisions of the law
5-21 regulating the practice of podiatry or the regulations promulgated
5-22 in accordance therewith, and in such connection a temporary
5-23 injunction may be granted. Said action for an injunction shall be
5-24 in addition to any other action, proceeding or remedy authorized by
5-25 law. The Board shall keep a correct record of all the proceedings
5-26 of the Board, and of all moneys received or expended by the Board,
5-27 which record shall be open to public inspection at all reasonable
6-1 times. The records shall include a record of proceedings relating
6-2 to examination of applicants, and the issuance, renewal, or refusal
6-3 of certificates of registration; and they shall also contain the
6-4 name, age, known place of residence, the name and location of the
6-5 college of podiatric medicine <school of podiatry> from which he
6-6 holds credentials and the time devoted to the study and practice of
6-7 the same, together with such other information as the Board may
6-8 desire to record. Said record shall also show whether applicants
6-9 were rejected or licensed and shall be prima facie evidence of all
6-10 matters therein contained. A certified copy of said record, with
6-11 the hand and seal of the custodian of records <secretary> of said
6-12 Board, shall be admitted as evidence in all courts. Every license
6-13 and annual renewal certificate issued shall be numbered and
6-14 recorded in a book kept by the Board. The records shall be kept by
6-15 the Board.
6-16 The Board shall cause the prosecution of all persons
6-17 violating any of the provisions of the law regulating the practice
6-18 of podiatry and may incur the expense reasonably necessary in that
6-19 behalf.
6-20 SECTION 4. Article 4568b, Revised Statutes, is amended to
6-21 read as follows:
6-22 Art. 4568b. SUNSET PROVISION. The Texas State Board of
6-23 Podiatric Medical <Podiatry> Examiners is subject to Chapter 325,
6-24 Government Code (Texas Sunset Act). Unless continued in existence
6-25 as provided by that chapter, the board is abolished September 1,
6-26 2005.
6-27 SECTION 5. Subsections (a), (c), (d), (f), and (i), Article
7-1 4569, Revised Statutes, are amended to read as follows:
7-2 (a) Except as provided in Article 4569a, Revised Civil
7-3 Statutes of Texas, 1925, all applicants for license to practice
7-4 podiatry in this State must successfully pass an examination
7-5 approved by the Texas State Board of Podiatric Medical <Podiatry>
7-6 Examiners.
7-7 (c) The examinations shall be written and practical <and in
7-8 the English language>, and all applicants who <that> possess the
7-9 qualifications required for an examination shall be issued a
7-10 license by the Board to practice podiatry in this state. The
7-11 passing score for the examination shall be determined by the Board
7-12 using accepted criterion-referenced methods <and who shall pass the
7-13 examinations prescribed with a general average of seventy-five per
7-14 cent (75%) in all subjects and not less than sixty per cent (60%)
7-15 in any one subject shall be issued a license by the Board to
7-16 practice podiatry in this State>. The Board shall have the
7-17 examination validated by an independent testing professional.
7-18 (d) The subjects the applicant must be examined in are
7-19 anatomy, chemistry, dermatology, diagnosis, pharmacology
7-20 <materia-medica>, pathology, physiology, microbiology, orthopedics
7-21 and podiatry, as related <limited in their scope> to ailments of
7-22 the human foot.
7-23 (f) All applicants shall pay to the <secretary-treasurer of
7-24 the> Board an examination fee at least fifteen (15) days before the
7-25 dates of the regular examinations.
7-26 (i) Not later than the 30th day after the date on which a
7-27 licensing examination is administered under this chapter, the
8-1 <secretary-treasurer of the> Board shall notify each examinee of
8-2 the results of the examination. However, if an examination is
8-3 graded or reviewed by a national testing service, the
8-4 <secretary-treasurer of the> Board shall notify examinees of the
8-5 results of the examination not later than the 14th day after the
8-6 date on which the Board receives the results from the testing
8-7 service. If the notice of examination results graded or reviewed
8-8 by a national testing service will be delayed for longer than 90
8-9 days after the examination date, the <secretary-treasurer of the>
8-10 Board shall notify the examinee of the reason for the delay before
8-11 the 90th day.
8-12 SECTION 6. Subsection (b), Article 4569a, Revised Statutes,
8-13 is amended to read as follows:
8-14 (b) In this article a course of study, training, or
8-15 education is considered approved or accredited if it is approved or
8-16 accredited by the Texas State Board of Podiatric Medical <Podiatry>
8-17 Examiners as constituting a bona fide reputable course of training,
8-18 study, or education. In making a decision relating to the approval
8-19 or accreditation of a course of study, training, or education, the
8-20 board shall consider whether the course is approved or accredited
8-21 by the Council on Podiatric Medical Education of the American
8-22 Podiatric Medical <Podiatry> Association or its successor
8-23 organization.
8-24 SECTION 7. Subsections (a), (c), (d), and (e), Article 4570,
8-25 Revised Statutes, are amended to read as follows:
8-26 (a) A person desiring to practice podiatry in this state
8-27 shall make written application for a license therefor to the Texas
9-1 State Board of Podiatric Medical <Podiatry> Examiners on a form
9-2 prescribed by the Board. The information submitted shall be
9-3 verified by affidavit of the applicant.
9-4 (c) A podiatry or chiropody school may be considered
9-5 reputable, within the meaning of this Act, if the course of
9-6 instruction embraces four (4) terms of approximately eight (8)
9-7 months each, or the substantial equivalent thereof, and if the
9-8 school meets the approval of the <State> Board <of Podiatry
9-9 Examiners>. All educational attainments or credits for evaluation
9-10 within the meaning of this Act, or applicable under this law, shall
9-11 have been completed within the geographical boundaries of the
9-12 United States, and no educational credits attained in any foreign
9-13 country that are not acceptable to The University of Texas toward a
9-14 Bachelor's Degree, shall be acceptable to the <State> Board <of
9-15 Podiatry Examiners>.
9-16 (d) The <State> Board <of Podiatry Examiners> may refuse to
9-17 admit persons to its examinations, and to issue a license to
9-18 practice podiatry to any person, for any of the following reasons:
9-19 (1) The presentation to the Board of any license,
9-20 certificate, or diploma, which was illegally or fraudulently
9-21 obtained, or when fraud or deception has been practiced in passing
9-22 the examination;<.>
9-23 (2) Conviction of a crime of the grade of a felony or
9-24 any crime which involves moral turpitude, or conviction of a
9-25 violation of Article 4567c, Revised Civil Statutes of Texas, 1925,
9-26 as amended;<.>
9-27 (3) Habits of intemperance, or drug addiction,
10-1 calculated, in the opinion of the Board, to endanger the health,
10-2 well-being, or welfare of patients;<.>
10-3 (4) Grossly unprofessional or dishonorable conduct, of
10-4 a character which in the opinion of the Board is likely to deceive
10-5 or defraud the public;<.>
10-6 (5) The violation, or attempted violation, direct or
10-7 indirect, of any of the provisions of this Act (Title 71, Chapter
10-8 11, Revised Civil Statutes of Texas, 1925, as amended), or any rule
10-9 adopted under this Act, either as a principal, accessory, or
10-10 accomplice;<.>
10-11 (6) The use of any advertising statement of a
10-12 character tending to mislead or deceive the public;<.>
10-13 (7) Advertising professional superiority, or the
10-14 performance of professional service in a superior manner;<.>
10-15 (8) The purchase, sale, barter, or use, or any offer
10-16 to purchase, sell, barter, or use, any podiatry degree, license,
10-17 certificate, diploma, or transcript of license, certificate, or
10-18 diploma, in or incident to an application to the Board <of Podiatry
10-19 Examiners> for a license to practice podiatry;<.>
10-20 (9) Altering, with fraudulent intent, any podiatry
10-21 license, certificate, diploma, or transcript of a podiatry license,
10-22 certificate, or diploma;<.>
10-23 (10) The use of any podiatry license, certificate,
10-24 diploma, or transcript of any such podiatry license, certificate,
10-25 or diploma, which has been fraudulently purchased, issued,
10-26 counterfeited, or materially altered;<.>
10-27 (11) The impersonation of, or acting as proxy for,
11-1 another in any examination required by this Act for a podiatry
11-2 license;<.>
11-3 (12) The impersonation of a licensed practitioner, or
11-4 permitting, or allowing, another to use his license, or certificate
11-5 to practice podiatry in this State, for the purpose of treating, or
11-6 offering to treat, conditions and ailments of the feet of human
11-7 beings by any method;<.>
11-8 (13) Employing, directly or indirectly, any person
11-9 whose license to practice podiatry has been suspended, or
11-10 association in the practice of podiatry with any person or persons
11-11 whose license to practice podiatry has been suspended, or any
11-12 person who has been convicted of the unlawful practice of podiatry
11-13 in Texas or elsewhere;<.>
11-14 (14) The wilful making of any material
11-15 misrepresentation or material untrue statement in the application
11-16 for a license to practice podiatry;<.>
11-17 (15) The inability to practice podiatry with
11-18 reasonable skill and safety to patients by reason of age, illness,
11-19 drunkenness, excessive use of drugs, narcotics, chemicals or any
11-20 other type of material or as a result of any mental or physical
11-21 condition. In enforcing this subsection the Board shall, upon
11-22 probable cause, request a podiatrist to submit to a mental or
11-23 physical examination by medical doctors designated by it. If the
11-24 podiatrist refuses to submit to the examination, the Board shall
11-25 issue an order requiring the podiatrist to show cause why he will
11-26 not submit to the examination and shall schedule a hearing on the
11-27 order within 30 days after notice is served on the podiatrist. The
12-1 podiatrist shall be notified by either personal service or by
12-2 certified mail with return receipt requested. At the hearing, the
12-3 podiatrist and his attorney are entitled to present any testimony
12-4 and other evidence to show why the podiatrist should not be
12-5 required to submit to the examination. After a complete hearing,
12-6 the Board shall issue an order either requiring the podiatrist to
12-7 submit to the examination or withdrawing the request for
12-8 examination;<.>
12-9 (16) The failure to practice podiatry in an acceptable
12-10 manner consistent with public health and welfare;<.>
12-11 (17) Being removed, suspended, or disciplined in
12-12 another manner by the podiatrist's peers in any professional
12-13 podiatry association or society, whether the association or society
12-14 is local, regional, state, or national in scope or being
12-15 disciplined by a licensed hospital or the medical staff of a
12-16 hospital, including removal, suspension, limitation of hospital
12-17 privileges, or other disciplinary action, if any of these actions
12-18 in the opinion of the Board were based on unprofessional conduct or
12-19 professional incompetence that was likely to harm the public,
12-20 provided that the Board finds that the action taken was appropriate
12-21 and reasonably supported by evidence submitted to the association,
12-22 society, hospital, or medical staff; and<.>
12-23 (18) Repeated or recurring meritorious health care
12-24 liability claims against the podiatrist that in the opinion of the
12-25 Board are evidence of professional incompetence likely to injure
12-26 the public.
12-27 (e) Any applicant who is refused admittance to examination
13-1 has the right to try the issue in the District Court of Travis
13-2 County <the county in which he resides or in which any Board member
13-3 resides>.
13-4 SECTION 8. Sections 1(a) and (b), Article 4571, Revised
13-5 Statutes, are amended to read as follows:
13-6 (a) The Texas State Board of Podiatric Medical <Podiatry>
13-7 Examiners shall set and may from time to time change the amount of
13-8 the annual license renewal fee as in the Board's judgment may be
13-9 needed to provide for the reasonable costs and expenses of the
13-10 Board in performing its duties and the administration of the law
13-11 regulating the practice of podiatry. The annual license renewal
13-12 fee shall be paid to the Board.
13-13 (b) The Texas State Board of Podiatric Medical <Podiatry>
13-14 Examiners on or before October <August> first of each year shall
13-15 notify, by mail, all Texas licensed podiatrists at their last known
13-16 address that the annual license renewal fee is due on the following
13-17 November <September> first.
13-18 SECTION 9. Sections 4 and 5, Article 4571, Revised Statutes,
13-19 are amended to read as follows:
13-20 Sec. 4. If any license issued by the Board is lost,
13-21 destroyed or stolen from the legally qualified and authorized
13-22 person to whom it was issued, the owner of the license shall report
13-23 the fact to <the Secretary-Treasurer of> the Board, in an affidavit
13-24 form. The affidavit shall set forth detailed information as to the
13-25 loss, destruction or theft, giving dates, place and circumstances.
13-26 If the owner of a license desires to have an amended license issued
13-27 to him because of a lawful change in the name or degree designation
14-1 of the licensee or for any other lawful and sufficient reason, the
14-2 owner of the license shall make application for such amended
14-3 license to <the Secretary-Treasurer of> the Board setting forth the
14-4 reasons the issuance of an amended license is requested. A
14-5 duplicate or amended license shall be issued upon regular
14-6 application of the owner of the original license and payment of a
14-7 fee set by the Board for the duplicate or amended license;
14-8 however, the Board shall not issue a duplicate or amended license
14-9 until sufficient evidence by the owner of the original license has
14-10 been submitted to prove the license has been lost or to establish
14-11 the lawful reason an amended license should be issued, and unless
14-12 the records of the Board show a license had been issued and been in
14-13 full force and effect at the time of such loss, destruction or
14-14 theft, or such request for an amended license. If an amended
14-15 license is issued, the original license shall be returned to the
14-16 Board.
14-17 Sec. 5. Every person licensed by the <State> Board <of
14-18 Podiatry Examiners> to practice in the state shall conspicuously
14-19 display both his license and an annual renewal certificate for the
14-20 current year of practice in the place or office wherein he
14-21 practices and shall be required to exhibit such license and renewal
14-22 certificate to a representative of the Board upon such
14-23 representative's official request for its examination or
14-24 inspection.
14-25 SECTION 10. Section 6(a), Article 4571, Revised Statutes, is
14-26 amended to read as follows:
14-27 (a) Any licensed podiatrist whose license has been suspended
15-1 or revoked or whose annual renewal certificate has expired while he
15-2 has been engaged in Federal service or on active duty with the Army
15-3 of the United States, the United States Navy, the United States
15-4 Marine Corps, the United States Coast Guard, or the United States
15-5 Air Force, <or the United States Maritime Service or the State
15-6 Militia,> called into service or training of the United States of
15-7 America or in training or education under the supervision of the
15-8 United States preliminary to induction into the military service,
15-9 may have his license renewed without paying any lapsed renewal fee
15-10 or without passing any examination, if, within one (1) year after
15-11 termination of said service, training or education, other than by
15-12 dishonorable discharge, he furnishes the <State> Board <of Podiatry
15-13 Examiners> an affidavit to the effect that he has been so engaged
15-14 and that his service, training or education has been so terminated.
15-15 SECTION 11. Article 4573, Revised Statutes, as amended by
15-16 Chapter 52, Acts of the 67th Legislature, Regular Session, 1981,
15-17 and Chapter 14, Acts of the 72nd Legislature, Regular Session,
15-18 1991, is amended by amending Subsections (g) and (h) and adding
15-19 Subsections (j)-(n) to read as follows:
15-20 (g) At any time while the probationer remains on probation,
15-21 the Board may hold a hearing and, upon majority vote, rescind the
15-22 probation if the terms of the probation have been violated, and
15-23 enforce the Board's original action in revoking, cancelling, or
15-24 suspending the practitioner's license. The hearing to rescind the
15-25 probation shall be called by the President of the Texas State Board
15-26 of Podiatric Medical <Podiatry> Examiners, who shall cause to be
15-27 issued a notice setting a time and place for the hearing and
16-1 containing the charges or complaints against the probationer. The
16-2 notice shall be served on the probationer or his counsel, and any
16-3 person or persons complaining of the probationer or their counsel,
16-4 at least ten (10) days prior to the time set for the hearing. When
16-5 personal service is impossible, or cannot be effected, the same
16-6 provisions for service in lieu of personal service set out in
16-7 Subsection (d) of this Article shall apply. The respondent and any
16-8 person or persons complaining of the respondent have the right to
16-9 appear at the hearing either personally or by counsel, or both, to
16-10 produce witnesses or evidence, to cross-examine witnesses, and to
16-11 have subpoenas issued by the Board. The Board may also issue
16-12 subpoenas on its own motion. The subpoenas of the Board may be
16-13 enforced through any district court having jurisdiction and venue
16-14 in the county where the hearing is held. The Board shall determine
16-15 the charges upon their merits. The order revoking or rescinding
16-16 the probation is not subject to review or appeal.
16-17 (h) <(g)> This article does not apply to a person convicted
16-18 of a felony under Chapter 481, Health and Safety Code, Section
16-19 485.033, Health and Safety Code, or Chapter 483, Health and Safety
16-20 Code.
16-21 (i) <(h)> Upon application, the Board may reissue a license
16-22 to practice podiatry to a person whose license has been cancelled
16-23 or suspended, but the application, in the case of cancellation or
16-24 revocation, may not be made prior to one (1) year after the
16-25 cancellation or revocation, and shall be made in such manner and
16-26 form as the Board may require.
16-27 (j) A complaint, report, investigation file, or other
17-1 investigative information in the possession of or received or
17-2 gathered by the Board or an employee or agent of the Board that
17-3 relates to a license holder, a license application, or a criminal
17-4 investigation or proceeding is privileged, confidential, and not
17-5 subject to discovery, subpoena, or any other legal method of
17-6 compelling release.
17-7 (k) Subject to any other privilege or restriction
17-8 established by law, not later than the 30th day after the date the
17-9 Board receives a written request from a license holder, or the
17-10 license holder's attorney, who is the subject of a formal complaint
17-11 under this article, the Board shall provide the license holder with
17-12 access to all information in the Board's possession that the Board
17-13 intends to offer into evidence at the contested case hearing on the
17-14 complaint. The Board may provide access to the information to the
17-15 license holder after the 30th day after the date the Board receives
17-16 a request only on a showing of good cause. The Board is not
17-17 required under this subsection to provide access to the Board's
17-18 investigative reports or memoranda, release the identity of a
17-19 complainant who will not testify at the hearing, or to release
17-20 information that is an attorney's work product or protected by the
17-21 attorney-client privilege or another privilege recognized by the
17-22 Texas Rules of Civil Procedure or Texas Rules of Civil Evidence.
17-23 The furnishing of information under this subsection does not
17-24 constitute a waiver of any privilege or confidentiality provision
17-25 under law.
17-26 (l) Investigative information in the possession of the Board
17-27 that relates to a disciplinary action regarding a license holder
18-1 may be disclosed to:
18-2 (1) a licensing agency regulating the practice of
18-3 podiatric medicine in another state, the District of Columbia, or
18-4 another country in which the license holder is also licensed or has
18-5 applied for a license; or
18-6 (2) a peer review committee reviewing an application
18-7 for privileges or the qualifications of the license holder with
18-8 regard to retaining the license holder's privileges.
18-9 (m) If information obtained by the board in the course of an
18-10 investigation indicates that a crime may have been committed, that
18-11 information shall be reported to the appropriate law enforcement
18-12 agency. The Board shall cooperate and assist a law enforcement
18-13 agency conducting a criminal investigation of a license holder by
18-14 providing relevant information to the agency. Information provided
18-15 to a law enforcement agency by the Board is confidential and may
18-16 not be disclosed except as necessary to conduct the investigation.
18-17 (n) The Board shall provide information to a health care
18-18 entity on the written request of the entity concerning:
18-19 (1) a complaint filed against a license holder that
18-20 was resolved after an investigation by the Board or resolved by an
18-21 agreed settlement; and
18-22 (2) the basis for and status of an active
18-23 investigation concerning a license holder.
18-24 SECTION 12. Sections 1(a) and (c), Article 4573b, Revised
18-25 Statutes, are amended to read as follows:
18-26 (a) Each insurer that delivers or issues for delivery in
18-27 this state professional liability insurance coverage to a
19-1 podiatrist who practices in this state shall furnish to the Texas
19-2 State Board of Podiatric Medical <Podiatry> Examiners the
19-3 information specified in Subsection (b) of this section relating
19-4 to:
19-5 (1) a notice of claim letter or a complaint filed
19-6 against an insured in a court, if the notice of claim letter or the
19-7 complaint seeks the recovery of damages based on the insured's
19-8 conduct in providing or failing to provide medical or health-care
19-9 services; or
19-10 (2) a settlement of a claim or other legal action made
19-11 by the insurer on behalf of the insured.
19-12 (c) If a podiatrist who practices in this state is not
19-13 covered by professional liability insurance or is insured by an
19-14 insurer that is not authorized to write professional liability
19-15 insurance for podiatrists in this state, the podiatrist shall
19-16 submit information to the Texas State Board of Podiatric Medical
19-17 <Podiatry> Examiners relating to any malpractice action brought
19-18 against that podiatrist. The podiatrist shall submit the
19-19 information as required by rules adopted by that board under
19-20 Section 2 of this article.
19-21 SECTION 13. Sections 2, 3, 4, and 5, Article 4573b, Revised
19-22 Statutes, are amended to read as follows:
19-23 Sec. 2. (a) In consultation with the State Board of
19-24 Insurance, the Texas State Board of Podiatric Medical <Podiatry>
19-25 Examiners shall adopt rules for reporting the information required
19-26 under Section 1 of this article and any additional information
19-27 required by the Texas State Board of Podiatric Medical <Podiatry>
20-1 Examiners.
20-2 (b) The Texas State Board of Podiatric Medical <Podiatry>
20-3 Examiners shall consider other claim reports required under state
20-4 or federal law in determining:
20-5 (1) any additional information to be reported;
20-6 (2) the form of such a report; and
20-7 (3) reasonable reporting intervals.
20-8 (c) Additional information that may be required by the Texas
20-9 State Board of Podiatric Medical <Podiatry> Examiners includes:
20-10 (1) the date of a judgment, dismissal, or settlement
20-11 of a malpractice action;
20-12 (2) whether an appeal has been taken, and by which
20-13 party; and
20-14 (3) the amount of any judgment or settlement.
20-15 Sec. 3. Neither liability nor a cause of action for an
20-16 action taken as required under this article arises against:
20-17 (1) an insurer;
20-18 (2) an agent or employee of the insurer;
20-19 (3) a member of the Texas State Board of Podiatric
20-20 Medical <Podiatry> Examiners; or
20-21 (4) an employee or representative of the board.
20-22 Sec. 4. In the trial of an action brought against a
20-23 podiatrist based on the podiatrist's conduct in providing or
20-24 failing to provide medical or health-care services, a report or
20-25 information submitted to the Texas State Board of Podiatric Medical
20-26 <Podiatry> Examiners under this article or the fact that such a
20-27 report or information has been submitted may not be offered in
21-1 evidence or in any manner used in the trial of the action.
21-2 Sec. 5. The Texas State Board of Podiatric Medical
21-3 <Podiatry> Examiners shall review the information relating to a
21-4 podiatrist against whom three or more malpractice claims have been
21-5 reported during any five-year period as if a complaint against that
21-6 podiatrist had been made to that board under Article 4573, Revised
21-7 Statutes.
21-8 SECTION 14. Section 4, Article 4573f, Revised Statutes, is
21-9 amended to read as follows:
21-10 Sec. 4. Written or oral communications made to a podiatric
21-11 peer review committee and the records and proceedings of a peer
21-12 review committee may be disclosed to:
21-13 (1) another podiatric peer review committee;
21-14 (2) an appropriate state or federal agency;
21-15 (3) a national accreditation body; or
21-16 (4) the Texas State Board of Podiatric Medical
21-17 <Podiatry> Examiners or the state board of registration or
21-18 licensure of podiatrists in another state.
21-19 SECTION 15. Section 5(b), Article 4573f, Revised Statutes,
21-20 is amended to read as follows:
21-21 (b) If a podiatric peer review committee takes action that
21-22 could result in censure or suspension, restriction, limitation, or
21-23 revocation of a license by the Texas State Board of Podiatric
21-24 Medical <Podiatry> Examiners or a denial of membership or
21-25 privileges in a health care entity, the affected podiatrist shall
21-26 be provided a written copy of the recommendation of the podiatric
21-27 peer review committee and a copy of the final decision, including a
22-1 statement of the basis for the decision.
22-2 SECTION 16. Sections 7(a) and (c), Article 4573f, Revised
22-3 Statutes, are amended to read as follows:
22-4 (a) All persons, including the governing body and medical
22-5 staff of a health care entity, shall comply with a subpoena issued
22-6 by the Texas State Board of Podiatric Medical <Podiatry> Examiners
22-7 for documents or information.
22-8 (c) Failure to comply with a subpoena constitutes grounds
22-9 for disciplinary action against the facility or individual by the
22-10 Texas State Board of Podiatric Medical <Podiatry> Examiners.
22-11 SECTION 17. Section 8, Article 4573f, Revised Statutes, is
22-12 amended to read as follows:
22-13 Sec. 8. A person, health care entity, or podiatric peer
22-14 review committee that participates in podiatric peer review
22-15 activity or furnishes records, information, or assistance to a
22-16 podiatric peer review committee or to the Texas State Board of
22-17 Podiatric Medical <Podiatry> Examiners is immune from any civil
22-18 liability arising from those acts if the acts were made in good
22-19 faith and without malice.
22-20 SECTION 18. Section 6, Chapter 96, Acts of the 60th
22-21 Legislature, Regular Session, 1967 (Article 4575a, Vernon's Texas
22-22 Civil Statutes), is amended to read as follows:
22-23 Sec. 6. The Texas State Board of Podiatric Medical
22-24 <Podiatry> Examiners may institute actions in its own name to
22-25 enjoin a violation of any of the provisions of Chapter 11, Title 71
22-26 of the Revised Civil Statutes of Texas, 1925, as amended,
22-27 consisting of Article 4567 through Article 4575, inclusive, Revised
23-1 Civil Statutes of Texas, 1925, as amended, and to enjoin any person
23-2 from performing an act constituting the practice of podiatry unless
23-3 authorized by law. The Attorney General or any district or county
23-4 attorney shall represent the Texas State Board of Podiatric Medical
23-5 <Podiatry> Examiners in such court action.
23-6 SECTION 19. Subsection (a), Article 60.061, Code of Criminal
23-7 Procedure, as amended by Chapters 790 and 1025, Acts of the 73rd
23-8 Legislature, Regular Session, 1993, is amended to read as follows:
23-9 (a) The Texas State Board of Medical Examiners, the Texas
23-10 State Board of Podiatric Medical <Podiatry> Examiners, the State
23-11 Board of Dental Examiners, the State Board of Pharmacy, and the
23-12 State Board of Veterinary Medical Examiners shall provide to the
23-13 Department of Public Safety through electronic means, magnetic
23-14 tape, or disk, as specified by the department, a list including the
23-15 name, date of birth, and any other personal descriptive information
23-16 required by the department for each person licensed by the
23-17 respective agency. Each agency shall update this information and
23-18 submit to the Department of Public Safety the updated information
23-19 monthly.
23-20 SECTION 20. Section 241.003(10), Health and Safety Code, is
23-21 amended to read as follows:
23-22 (10) "Podiatrist" means a podiatrist licensed by the
23-23 Texas State Board of Podiatric Medical <Podiatry> Examiners.
23-24 SECTION 21. Section 401.064(f), Health and Safety Code, is
23-25 amended to read as follows:
23-26 (f) In adopting rules under this section relating to the
23-27 inspection of medical, podiatric medical, dental, veterinary, and
24-1 chiropractic electronic products, the board shall solicit and
24-2 follow the recommendations of the State Board of Dental Examiners
24-3 for the inspections of dental electronic products, the Texas State
24-4 Board of Podiatric Medical <Podiatry> Examiners for the inspection
24-5 of podiatric medical electronic products, the Texas State Board of
24-6 Medical Examiners for the inspection of medical electronic
24-7 products, the Texas State Board of Veterinary Medical Examiners for
24-8 the inspection of medical electronic products used in the practice
24-9 of veterinary medicine, and the State Board of Chiropractic
24-10 Examiners for the inspection of chiropractic electronic products,
24-11 unless in conflict with federal statutes or federal rules.
24-12 SECTION 22. Section 481.076(a), Health and Safety Code, is
24-13 amended to read as follows:
24-14 (a) The director may not permit any person to have access to
24-15 information submitted to the Department of Public Safety under
24-16 Section 481.075 except:
24-17 (1) investigators for the Texas State Board of Medical
24-18 Examiners, the Texas State Board of Podiatric Medical <Podiatry>
24-19 Examiners, the State Board of Dental Examiners, the State Board of
24-20 Veterinary Medical Examiners, or the Texas State Board of Pharmacy;
24-21 or
24-22 (2) authorized officers of the Department of Public
24-23 Safety engaged in investigation of suspected criminal violations of
24-24 this chapter who obtain access with the approval of an investigator
24-25 listed in Subdivision (1).
24-26 SECTION 23. Section 483.001(12), Health and Safety Code, is
24-27 amended to read as follows:
25-1 (12) "Practitioner" means a person licensed:
25-2 (A) by the Texas State Board of Medical
25-3 Examiners, State Board of Dental Examiners, Texas State Board of
25-4 Podiatric Medical <Podiatry> Examiners, Texas Optometry Board, or
25-5 State Board of Veterinary Medical Examiners to prescribe and
25-6 administer dangerous drugs;
25-7 (B) by another state in a health field in which,
25-8 under the laws of this state, a licensee may legally prescribe
25-9 dangerous drugs; or
25-10 (C) in Canada or Mexico in a health field in
25-11 which, under the laws of this state, a licensee may legally
25-12 prescribe dangerous drugs.
25-13 SECTION 24. Section 2(B), Chapter 397, Acts of the 54th
25-14 Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's Texas
25-15 Insurance Code), is amended to read as follows:
25-16 (B) No policy of accident and sickness insurance shall make
25-17 benefits contingent upon treatment or examination by a particular
25-18 practitioner or by particular practitioners of the healing arts
25-19 hereinafter designated unless such policy contains a provision
25-20 designating the practitioner or practitioners who will be
25-21 recognized by the insurer and those who will not be recognized by
25-22 the insurer. Such provision may be located in the "Exceptions" or
25-23 "Exceptions and Reductions" provisions, or elsewhere in the policy,
25-24 or by endorsement attached to the policy, at the insurer's option.
25-25 In designating the practitioners who will and will not be
25-26 recognized, such provision shall use the following terms: Doctor
25-27 of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
26-1 Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
26-2 Audiologist, Licensed Speech-language Pathologist, Doctor in
26-3 Psychology, Licensed Master Social Worker--Advanced Clinical
26-4 Practitioner, Licensed Dietitian, Licensed Professional Counselor,
26-5 Licensed Marriage and Family Therapist, and Licensed Hearing Aid
26-6 Fitter and Dispenser.
26-7 For purposes of this Act, such designations shall have the
26-8 following meanings:
26-9 Doctor of Medicine: One licensed by the Texas State Board of
26-10 Medical Examiners on the basis of the degree "Doctor of Medicine";
26-11 Doctor of Osteopathy: One licensed by the Texas State Board
26-12 of Medical Examiners on the basis of the degree of "Doctor of
26-13 Osteopathy";
26-14 Doctor of Dentistry: One licensed by the State Board of
26-15 Dental Examiners;
26-16 Doctor of Chiropractic: One licensed by the Texas Board of
26-17 Chiropractic Examiners;
26-18 Doctor of Optometry: One licensed by the Texas Optometry
26-19 Board;
26-20 Doctor of Podiatry: One licensed by the State Board of
26-21 Podiatric Medical <Podiatry> Examiners;
26-22 Licensed Audiologist: One with a master's or doctorate
26-23 degree in audiology from an accredited college or university and
26-24 who is licensed as an audiologist by the State Committee of
26-25 Examiners for Speech-Language Pathology and Audiology;
26-26 Licensed Speech-language Pathologist: One with a master's or
26-27 doctorate degree in speech pathology or speech-language pathology
27-1 from an accredited college or university and who is licensed as a
27-2 speech-language pathologist by the State Committee of Examiners for
27-3 Speech-Language Pathology and Audiology;
27-4 Doctor in Psychology: One licensed by the Texas State Board
27-5 of Examiners of Psychologists and certified as a Health Service
27-6 Provider;
27-7 Licensed Master Social Worker--Advanced Clinical
27-8 Practitioner: One licensed by the Texas State Board of Social
27-9 Worker Examiners as a Licensed Master Social Worker with the order
27-10 of recognition of Advanced Clinical Practitioner;
27-11 Licensed Dietitian: One licensed by the Texas State Board of
27-12 Examiners of Dietitians;
27-13 Licensed Professional Counselor: One licensed by the Texas
27-14 State Board of Examiners of Professional Counselors;
27-15 Licensed Marriage and Family Therapist: One licensed by the
27-16 Texas State Board of Examiners of Marriage and Family Therapists;
27-17 and
27-18 Licensed Hearing Aid Fitter and Dispenser: One licensed by
27-19 the Texas Board of Examiners in the Fitting and Dispensing of
27-20 Hearing Aids.
27-21 SECTION 25. Article 21.52A, Insurance Code, is amended to
27-22 read as follows:
27-23 Art. 21.52A. CERTIFICATION BY PODIATRIST. An insurance
27-24 policy that is delivered, issued for delivery, or renewed in this
27-25 state and that provides benefits covering loss of income based on
27-26 an acute and temporary disability caused by sickness or injury may
27-27 not deny payment of those benefits on the ground that the acute and
28-1 temporary disability is certified or attested to by a podiatrist
28-2 licensed by the Texas State Board of Podiatric Medical <Podiatry>
28-3 Examiners if the acute and temporary disability is caused by a
28-4 sickness or injury that may be treated by acts performed by a
28-5 licensed podiatrist under the scope of that license.
28-6 SECTION 26. Section 19(a)(1), Chapter 836, Acts of the 62nd
28-7 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
28-8 Civil Statutes), is amended to read as follows:
28-9 (a)(1) A license may be denied, or after hearing, suspended
28-10 or revoked, or a licensee otherwise disciplined if the applicant or
28-11 licensee has:
28-12 (A) provided physical therapy to a person,
28-13 except as provided by Subdivision (2) of this subsection, without
28-14 the referral from a physician licensed to practice medicine by a
28-15 state Board of Medical Examiners, or by a dentist licensed by a
28-16 state Board of Dental Examiners, or a doctor licensed to practice
28-17 chiropractic by a state Board of Chiropractic Examiners or a
28-18 podiatrist licensed by a state Board of Podiatric Medical
28-19 <Podiatry> Examiners, or by any other qualified, licensed
28-20 health-care professional who within the scope of the professional
28-21 licensure is authorized to refer for health care services. The
28-22 professional taking an action under this subdivision is a referring
28-23 practitioner;
28-24 (B) in the case of a physical therapist
28-25 assistant, treated a person other than under the direction of a
28-26 licensed physical therapist;
28-27 (C) used drugs or intoxicating liquors to an
29-1 extent that affects the licensee's or applicant's professional
29-2 competence;
29-3 (D) been convicted of a felony in this state or
29-4 in any other state, territory, or nation; conviction as used in
29-5 this subdivision includes a finding or verdict of guilty, an
29-6 admission of guilt, or a plea of nolo contendere;
29-7 (E) obtained or attempted to obtain a license by
29-8 fraud or deception;
29-9 (F) been grossly negligent in the practice of
29-10 physical therapy or in acting as a physical therapist assistant;
29-11 (G) been adjudged mentally incompetent by a
29-12 court of competent jurisdiction;
29-13 (H) practiced physical therapy in a manner
29-14 detrimental to the public health and welfare; or
29-15 (I) had the licensee's or applicant's license to
29-16 practice physical therapy revoked or suspended or had other
29-17 disciplinary action taken against the licensee or applicant or had
29-18 the licensee's or applicant's application for a license refused,
29-19 revoked, or suspended by the proper licensing authority of another
29-20 state, territory, or nation.
29-21 SECTION 27. Section 2.08(a), Medical Radiologic Technologist
29-22 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
29-23 is amended to read as follows:
29-24 (a) This section applies to the Texas State Board of Medical
29-25 Examiners, the Texas Board of Chiropractic Examiners, the Texas
29-26 State Board of Dental Examiners, the Texas State Board of Podiatric
29-27 Medical <Podiatry> Examiners, and the Board of Nurse Examiners.
30-1 SECTION 28. Section 1(b), Article 4512p, Revised Statutes,
30-2 is amended to read as follows:
30-3 (b) The council consists of one representative appointed by
30-4 each of the following:
30-5 (1) the Texas Board of Chiropractic Examiners;
30-6 (2) the State Board of Dental Examiners;
30-7 (3) the Texas Optometry Board;
30-8 (4) the State Board of Pharmacy;
30-9 (5) the Texas State Board of Podiatric Medical
30-10 <Podiatry> Examiners;
30-11 (6) the State Board of Veterinary Medical Examiners;
30-12 (7) the Texas State Board of Medical Examiners;
30-13 (8) the Board of Nurse Examiners;
30-14 (9) the Texas State Board of Examiners of
30-15 Psychologists;
30-16 (10) the Board of Vocational Nurse Examiners;
30-17 (11) the entity that regulates the practice of
30-18 physical therapy;
30-19 (12) the entity that regulates the practice of
30-20 occupational therapy;
30-21 (13) the health licensing division of the Department
30-22 of Public Health; and
30-23 (14) the governor's office.
30-24 SECTION 29. Section 5, Article 4518, Revised Statutes, is
30-25 amended to read as follows:
30-26 Sec. 5. Insofar as any of the following acts require
30-27 substantial specialized judgment and skill and insofar as the
31-1 proper performance of any of the following acts is based upon
31-2 knowledge and application of the principles of biological,
31-3 physical, and social science as acquired by a completed course in
31-4 an approved school of professional nursing, "Professional Nursing"
31-5 shall be defined as the performance for compensation of any nursing
31-6 act (a) in the observation, assessment, intervention, evaluation,
31-7 rehabilitation, care and counsel and health teachings of persons
31-8 who are ill, injured or infirm or experiencing changes in normal
31-9 health processes; (b) in the maintenance of health or prevention of
31-10 illness; (c) in the administration of medications or treatments as
31-11 ordered by a licensed physician, including a podiatric physician
31-12 licensed by the Texas State Board of Podiatric Medical <Podiatry>
31-13 Examiners, or dentist; (d) in the supervision or teaching of
31-14 nursing; (e) in the administration, supervision, and evaluation of
31-15 nursing practices, policies, and procedures; or (f) in the
31-16 requesting, receiving, and signing for professional samples and
31-17 distributing the samples to patients at a site serving underserved
31-18 populations, as provided by Section 3.06(d)(5), Medical Practice
31-19 Act (Article 4495b, Vernon's Texas Civil Statutes), and rules
31-20 implementing that section. The foregoing shall not be deemed to
31-21 include acts of medical diagnosis or prescription of therapeutic or
31-22 corrective measures. Nothing in this section shall be construed as
31-23 prohibiting a registered nurse recognized by the board as having
31-24 the specialized education and training required under Section 7,
31-25 Article 4514, Revised Statutes, and functioning under adequate
31-26 physician supervision from carrying out prescription drug orders or
31-27 treatments under physician's orders, standing medical orders,
32-1 standing delegation orders, or other orders or protocols.
32-2 SECTION 30. Section 3, Healing Art Identification Act
32-3 (Article 4590e, Vernon's Texas Civil Statutes), is amended to read
32-4 as follows:
32-5 Sec. 3. HEALING ART IDENTIFICATIONS. Every person licensed
32-6 to practice the healing art heretofore or hereafter by either the
32-7 Texas State Board of Medical Examiners, the State Board of Dental
32-8 Examiners, the Texas Board of Chiropractic Examiners, the Texas
32-9 State Board of Examiners in Optometry, the Texas State Board of
32-10 Podiatric Medical <Chiropody> Examiners, and the State Board of
32-11 Naturopathic Examiners shall in the professional use of his name on
32-12 any sign, pamphlet, stationery, letterhead, signature, or on any
32-13 other such means of professional identification, written or
32-14 printed, designate in the manner set forth in this Act the system
32-15 of the healing art which he is by his license permitted to
32-16 practice. The following are the legally required identifications,
32-17 one of which must be used by practitioners of the healing art:
32-18 (1) If licensed by the Texas State Board of Medical
32-19 Examiners on the basis of the degree Doctor of Medicine: physician
32-20 and/or surgeon, M.D.; doctor, M.D.; doctor of medicine, M.D.
32-21 (2) If licensed by the Texas State Board of Medical
32-22 Examiners on the basis of the degree Doctor of Osteopathy:
32-23 physician and/or surgeon, D.O.; Osteopathic physician and/or
32-24 surgeon; doctor, D.O.; doctor of osteopathy; osteopath; D.O.
32-25 (3) If licensed by the State Board of Dental
32-26 Examiners: dentist; doctor, D.D.S.; doctor of dental surgery;
32-27 D.D.S.; doctor of dental medicine, D.M.D.
33-1 (4) If licensed by the Texas Board of Chiropractic
33-2 Examiners: chiropractor; doctor, D.C.; doctor of Chiropractic;
33-3 D.C.
33-4 (5) If licensed by the Texas State Board of Examiners
33-5 in Optometry: optometrist; doctor, optometrist; doctor of
33-6 optometry; O.D.
33-7 (6) If a practitioner of the healing art is licensed
33-8 by the Texas State Board of Podiatric Medical <Podiatry> Examiners,
33-9 he shall use one of the following identifications: chiropodist;
33-10 doctor, D.S.C.; Doctor of Surgical Chiropody; D.S.C.; podiatrist;
33-11 doctor, D.P.M.; Doctor of Podiatric Medicine; D.P.M., podiatric
33-12 physician.
33-13 (7) If licensed by the State Board of Naturopathic
33-14 Examiners: naturopathic physician; physician, N.D.; doctor of
33-15 naturopathy; N.D.; doctor, N.D.
33-16 SECTION 31. Section 1, Chapter 96, Acts of the 60th
33-17 Legislature, Regular Session, 1967 (Article 4567a, Vernon's Texas
33-18 Civil Statutes), is repealed.
33-19 SECTION 32. (a) This Act takes effect September 1, 1995.
33-20 (b) The changes in law made by Subsection (j), Article 4568,
33-21 Revised Statutes, as amended by this Act, and by Subsections
33-22 (j)-(n), Article 4573, Revised Statutes, as added by this Act,
33-23 apply only to a proceeding commenced by the Texas State Board of
33-24 Podiatric Medical Examiners on or after the effective date of this
33-25 Act. A proceeding commenced before that date is governed by the
33-26 law in effect at the time the proceeding was commenced, and the
33-27 former law is continued in effect for that purpose.
34-1 SECTION 33. The importance of this legislation and the
34-2 crowded condition of the calendars in both houses create an
34-3 emergency and an imperative public necessity that the
34-4 constitutional rule requiring bills to be read on three several
34-5 days in each house be suspended, and this rule is hereby suspended.
34-6 COMMITTEE AMENDMENT NO. 1
34-7 Amend HB 1903 as follows:
34-8 (1) On page 1, line 11, strike "The term includes a
34-9 podiatric physician.".
34-10 (2) On page 33, lines 11-12, strike ", podiatric physician."
34-11 and insert a "." after the word "D.P.M.".
34-12 Berlanga