1-1 By: Barrientos S.B. No. 929
1-2 (In the Senate - Filed March 6, 1995; March 7, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 18, 1995, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; April 18, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of the practice of podiatric medicine.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (b), Article 4567, Revised Statutes,
1-11 is amended by amending Subdivision (1) and adding Subdivisions (3)
1-12 and (4) to read as follows:
1-13 (1) "Board" means the Texas State Board of Podiatric
1-14 Medical <Podiatry> Examiners.
1-15 (3) "Podiatrist" means a person licensed under this
1-16 chapter to practice podiatry as described by Subsection (a) of this
1-17 article. The term includes a podiatric physician.
1-18 (4) "Podiatry" means the practice described by
1-19 Subsection (a) of this article and Article 4567b, Revised Statutes,
1-20 and includes podiatric medicine.
1-21 SECTION 2. Article 4567b, Revised Statutes, is amended to
1-22 read as follows:
1-23 Art. 4567b. PRACTICE OF PODIATRY; PENALTY. Any person
1-24 shall be regarded as practicing podiatry within the meaning of this
1-25 law, and shall be deemed and construed to be a podiatrist, who
1-26 shall treat or offer to treat any disease or disorder, physical
1-27 injury or deformity, or ailment of the human foot by any system or
1-28 method and charge therefore, directly or indirectly, money or other
1-29 compensation, or who shall publicly profess or claim to be a
1-30 chiropodist, podiatrist, podiatric physician, foot specialist,
1-31 doctor or use any title, degree, letter, syllable, word or words
1-32 that would tend to lead the public to believe such person was a
1-33 practitioner authorized to practice or assume the duties incident
1-34 to the practice of podiatry. Whoever professes to be a podiatrist,
1-35 practices or assumes the duties incident to the practice of
1-36 podiatry within the meaning of this law or Article, without first
1-37 obtaining from the Texas State Board of Podiatric Medical
1-38 <Podiatry> Examiners a license authorizing such person to practice
1-39 podiatry, shall be punished by a fine of not less than Fifty
1-40 Dollars ($50), nor more than Five Hundred Dollars ($500), or by
1-41 imprisonment in the county jail of not less than thirty (30) days,
1-42 nor more than six (6) months, or by both fine and imprisonment.
1-43 SECTION 3. Subsections (a), (g), (h), and (j), Article 4568,
1-44 Revised Statutes, are amended to read as follows:
1-45 (a) The Texas State Board of Podiatric Medical <Podiatry>
1-46 Examiners shall consist of nine (9) members. Six (6) members must
1-47 be reputable practicing podiatrists who have resided in this state
1-48 and who have been actively engaged in the practice of podiatry for
1-49 five (5) years immediately preceding their appointment. Three (3)
1-50 members must be representatives of the general public. However, a
1-51 public member may not participate in any part of the examination
1-52 process for applicants for a license issued by the Board that
1-53 requires knowledge of the practice of podiatry. Appointments to
1-54 the Board shall be made by the Governor without regard to the race,
1-55 color, disability, sex, religion, or national origin of the
1-56 appointees.
1-57 (g) The term of office of each member of said Board shall be
1-58 six (6) years. At the expiration of the term of each member, his
1-59 successor shall be appointed by the Governor of this State and he
1-60 shall serve for a term of six (6) years, or until his successor
1-61 shall be appointed and qualified. The members of the Texas State
1-62 Board of Podiatric Medical <Podiatry> Examiners shall, before
1-63 entering upon the duties of their offices, qualify, by subscribing
1-64 to, before a notary public or other officer authorized by law to
1-65 administer oaths, and filing with the Secretary of State, the
1-66 constitutional oath of office. They shall, biennially thereafter
1-67 at the first regular scheduled meeting <in the month of January>,
1-68 elect from their number a president, vice-president, and secretary
2-1 <secretary-treasurer>. <The secretary-treasurer, before entering
2-2 upon his duties, shall file a bond with the Secretary of State for
2-3 such sum as will be twice the amount of cash on hand at the time
2-4 the bond is filed; provided, however, that the amount of said bond
2-5 shall, in no case, be less than Five Thousand Dollars ($5,000).
2-6 Said bond shall be payable to the Governor of this State, for the
2-7 benefit of said Board; shall be conditioned upon the faithful
2-8 performance of the duties of such officer; and shall be in such
2-9 form as may be approved by the Attorney General of this State; and
2-10 shall be executed by a surety company, as surety, and be approved
2-11 by the Texas State Board of Podiatry Examiners.>
2-12 (h) Said Texas State Board of Podiatric Medical <Podiatry>
2-13 Examiners shall hold meetings at least twice a year and special
2-14 meetings when necessary at such times and places as the Board deems
2-15 most convenient for applicants for examinations for license.
2-16 Special meetings shall be held upon request of a majority of the
2-17 members of the Board, or upon the call of the president. Five (5)
2-18 members of the Board shall constitute a quorum for the transaction
2-19 of business and should a quorum not be present on the day appointed
2-20 for any meeting, those present may adjourn from day to day until a
2-21 quorum be present.
2-22 (j) The Board shall adopt all reasonable or necessary rules,
2-23 regulations, and bylaws, not inconsistent with the law regulating
2-24 the practice of podiatry, the laws of this State, or of the United
2-25 States, to govern its proceedings and activities, the regulation of
2-26 the practice of podiatry and the enforcement of the law regulating
2-27 the practice of podiatry. If the appropriate standing committees
2-28 of both houses of the legislature acting under Section 2001.032,
2-29 Government Code <5(g), Administrative Procedure and Texas Register
2-30 Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes)>,
2-31 transmit to the Board statements opposing adoption of a rule under
2-32 that subsection, the rule may not take effect or, if the rule has
2-33 already taken effect, the rule is repealed effective on the date
2-34 the Board receives the committees' statements. The Board shall
2-35 have power to appoint committees from its own membership, the
2-36 duties of which shall be to consider such matters pertaining to the
2-37 enforcement of the law regulating the practice of podiatry and the
2-38 regulations promulgated in accordance therewith as shall be
2-39 referred to said committees, and to make recommendations to the
2-40 Board with respect thereto. The Board may contract with the Texas
2-41 State Board of Medical Examiners or any other appropriate state
2-42 agency for the provision of some or all of the services necessary
2-43 to carry out the activities of the Board. The Board may request
2-44 and, if necessary, <any committee, or any members thereof shall
2-45 have the power to issue subpoenas and to> compel by subpoena the
2-46 attendance of witnesses for examination under oath and the
2-47 production of books, accounts, records, papers, correspondence,
2-48 <and> documents, and other evidence relevant to the investigation
2-49 of an alleged violation of this chapter. If a person fails to
2-50 comply with a subpoena issued under this subsection, the Board,
2-51 through the attorney general, may file suit to enforce the subpoena
2-52 in a district court in Travis County or in a county in which a
2-53 hearing conducted by the Board may be held. If the court
2-54 determines that good cause existed for the issuance of the
2-55 subpoena, the court shall order compliance with the subpoena.
2-56 Failure to obey the order of the court is punishable by the court
2-57 as contempt<, to administer oaths and to take testimony concerning
2-58 all matters within its or his jurisdiction>. The Board shall not
2-59 be bound by the strict rules of procedure or by the laws of
2-60 evidence in the conduct of its proceedings, but the determination
2-61 shall be founded upon sufficient legal evidence to sustain it. The
2-62 Board shall have the right to institute an action in its own name
2-63 to enjoin the violation of any of the provisions of the law
2-64 regulating the practice of podiatry or the regulations promulgated
2-65 in accordance therewith, and in such connection a temporary
2-66 injunction may be granted. Said action for an injunction shall be
2-67 in addition to any other action, proceeding or remedy authorized by
2-68 law. The Board shall keep a correct record of all the proceedings
2-69 of the Board, and of all moneys received or expended by the Board,
2-70 which record shall be open to public inspection at all reasonable
3-1 times. The records shall include a record of proceedings relating
3-2 to examination of applicants, and the issuance, renewal, or refusal
3-3 of certificates of registration; and they shall also contain the
3-4 name, age, known place of residence, the name and location of the
3-5 college of podiatric medicine <school of podiatry> from which he
3-6 holds credentials and the time devoted to the study and practice of
3-7 the same, together with such other information as the Board may
3-8 desire to record. Said record shall also show whether applicants
3-9 were rejected or licensed and shall be prima facie evidence of all
3-10 matters therein contained. A certified copy of said record, with
3-11 the hand and seal of the custodian of records <secretary> of said
3-12 Board, shall be admitted as evidence in all courts. Every license
3-13 and annual renewal certificate issued shall be numbered and
3-14 recorded in a book kept by the Board. The records shall be kept by
3-15 the Board.
3-16 The Board shall cause the prosecution of all persons
3-17 violating any of the provisions of the law regulating the practice
3-18 of podiatry and may incur the expense reasonably necessary in that
3-19 behalf.
3-20 SECTION 4. Article 4568b, Revised Statutes, is amended to
3-21 read as follows:
3-22 Art. 4568b. SUNSET PROVISION. The Texas State Board of
3-23 Podiatric Medical <Podiatry> Examiners is subject to Chapter 325,
3-24 Government Code (Texas Sunset Act). Unless continued in existence
3-25 as provided by that chapter, the board is abolished September 1,
3-26 2005.
3-27 SECTION 5. Subsections (a), (c), (d), (f), and (i), Article
3-28 4569, Revised Statutes, are amended to read as follows:
3-29 (a) Except as provided in Article 4569a, Revised Civil
3-30 Statutes of Texas, 1925, all applicants for license to practice
3-31 podiatry in this State must successfully pass an examination
3-32 approved by the Texas State Board of Podiatric Medical <Podiatry>
3-33 Examiners.
3-34 (c) The examinations shall be written and practical <and in
3-35 the English language>, and all applicants who <that> possess the
3-36 qualifications required for an examination shall be issued a
3-37 license by the Board to practice podiatry in this state. The
3-38 passing score for the examination shall be determined by the Board
3-39 using accepted criterion-referenced methods <and who shall pass the
3-40 examinations prescribed with a general average of seventy-five per
3-41 cent (75%) in all subjects and not less than sixty per cent (60%)
3-42 in any one subject shall be issued a license by the Board to
3-43 practice podiatry in this State>. The Board shall have the
3-44 examination validated by an independent testing professional.
3-45 (d) The subjects the applicant must be examined in are
3-46 anatomy, chemistry, dermatology, diagnosis, pharmacology
3-47 <materia-medica>, pathology, physiology, microbiology, orthopedics
3-48 and podiatry, as related <limited in their scope> to ailments of
3-49 the human foot.
3-50 (f) All applicants shall pay to the <secretary-treasurer of
3-51 the> Board an examination fee at least fifteen (15) days before the
3-52 dates of the regular examinations.
3-53 (i) Not later than the 30th day after the date on which a
3-54 licensing examination is administered under this chapter, the
3-55 <secretary-treasurer of the> Board shall notify each examinee of
3-56 the results of the examination. However, if an examination is
3-57 graded or reviewed by a national testing service, the
3-58 <secretary-treasurer of the> Board shall notify examinees of the
3-59 results of the examination not later than the 14th day after the
3-60 date on which the Board receives the results from the testing
3-61 service. If the notice of examination results graded or reviewed
3-62 by a national testing service will be delayed for longer than 90
3-63 days after the examination date, the <secretary-treasurer of the>
3-64 Board shall notify the examinee of the reason for the delay before
3-65 the 90th day.
3-66 SECTION 6. Subsection (b), Article 4569a, Revised Statutes,
3-67 is amended to read as follows:
3-68 (b) In this article a course of study, training, or
3-69 education is considered approved or accredited if it is approved or
3-70 accredited by the Texas State Board of Podiatric Medical <Podiatry>
4-1 Examiners as constituting a bona fide reputable course of training,
4-2 study, or education. In making a decision relating to the approval
4-3 or accreditation of a course of study, training, or education, the
4-4 board shall consider whether the course is approved or accredited
4-5 by the Council on Podiatric Medical Education of the American
4-6 Podiatric Medical <Podiatry> Association or its successor
4-7 organization.
4-8 SECTION 7. Subsections (a), (c), (d), and (e), Article 4570,
4-9 Revised Statutes, are amended to read as follows:
4-10 (a) A person desiring to practice podiatry in this state
4-11 shall make written application for a license therefor to the Texas
4-12 State Board of Podiatric Medical <Podiatry> Examiners on a form
4-13 prescribed by the Board. The information submitted shall be
4-14 verified by affidavit of the applicant.
4-15 (c) A podiatry or chiropody school may be considered
4-16 reputable, within the meaning of this Act, if the course of
4-17 instruction embraces four (4) terms of approximately eight (8)
4-18 months each, or the substantial equivalent thereof, and if the
4-19 school meets the approval of the <State> Board <of Podiatry
4-20 Examiners>. All educational attainments or credits for evaluation
4-21 within the meaning of this Act, or applicable under this law, shall
4-22 have been completed within the geographical boundaries of the
4-23 United States, and no educational credits attained in any foreign
4-24 country that are not acceptable to The University of Texas toward a
4-25 Bachelor's Degree, shall be acceptable to the <State> Board <of
4-26 Podiatry Examiners>.
4-27 (d) The <State> Board <of Podiatry Examiners> may refuse to
4-28 admit persons to its examinations, and to issue a license to
4-29 practice podiatry to any person, for any of the following reasons:
4-30 (1) The presentation to the Board of any license,
4-31 certificate, or diploma, which was illegally or fraudulently
4-32 obtained, or when fraud or deception has been practiced in passing
4-33 the examination;<.>
4-34 (2) Conviction of a crime of the grade of a felony or
4-35 any crime which involves moral turpitude, or conviction of a
4-36 violation of Article 4567c, Revised Civil Statutes of Texas, 1925,
4-37 as amended;<.>
4-38 (3) Habits of intemperance, or drug addiction,
4-39 calculated, in the opinion of the Board, to endanger the health,
4-40 well-being, or welfare of patients;<.>
4-41 (4) Grossly unprofessional or dishonorable conduct, of
4-42 a character which in the opinion of the Board is likely to deceive
4-43 or defraud the public;<.>
4-44 (5) The violation, or attempted violation, direct or
4-45 indirect, of any of the provisions of this Act (Title 71, Chapter
4-46 11, Revised Civil Statutes of Texas, 1925, as amended), or any rule
4-47 adopted under this Act, either as a principal, accessory, or
4-48 accomplice;<.>
4-49 (6) The use of any advertising statement of a
4-50 character tending to mislead or deceive the public;<.>
4-51 (7) Advertising professional superiority, or the
4-52 performance of professional service in a superior manner;<.>
4-53 (8) The purchase, sale, barter, or use, or any offer
4-54 to purchase, sell, barter, or use, any podiatry degree, license,
4-55 certificate, diploma, or transcript of license, certificate, or
4-56 diploma, in or incident to an application to the Board <of Podiatry
4-57 Examiners> for a license to practice podiatry;<.>
4-58 (9) Altering, with fraudulent intent, any podiatry
4-59 license, certificate, diploma, or transcript of a podiatry license,
4-60 certificate, or diploma;<.>
4-61 (10) The use of any podiatry license, certificate,
4-62 diploma, or transcript of any such podiatry license, certificate,
4-63 or diploma, which has been fraudulently purchased, issued,
4-64 counterfeited, or materially altered;<.>
4-65 (11) The impersonation of, or acting as proxy for,
4-66 another in any examination required by this Act for a podiatry
4-67 license;<.>
4-68 (12) The impersonation of a licensed practitioner, or
4-69 permitting, or allowing, another to use his license, or certificate
4-70 to practice podiatry in this State, for the purpose of treating, or
5-1 offering to treat, conditions and ailments of the feet of human
5-2 beings by any method;<.>
5-3 (13) Employing, directly or indirectly, any person
5-4 whose license to practice podiatry has been suspended, or
5-5 association in the practice of podiatry with any person or persons
5-6 whose license to practice podiatry has been suspended, or any
5-7 person who has been convicted of the unlawful practice of podiatry
5-8 in Texas or elsewhere;<.>
5-9 (14) The wilful making of any material
5-10 misrepresentation or material untrue statement in the application
5-11 for a license to practice podiatry;<.>
5-12 (15) The inability to practice podiatry with
5-13 reasonable skill and safety to patients by reason of age, illness,
5-14 drunkenness, excessive use of drugs, narcotics, chemicals or any
5-15 other type of material or as a result of any mental or physical
5-16 condition. In enforcing this subsection the Board shall, upon
5-17 probable cause, request a podiatrist to submit to a mental or
5-18 physical examination by medical doctors designated by it. If the
5-19 podiatrist refuses to submit to the examination, the Board shall
5-20 issue an order requiring the podiatrist to show cause why he will
5-21 not submit to the examination and shall schedule a hearing on the
5-22 order within 30 days after notice is served on the podiatrist. The
5-23 podiatrist shall be notified by either personal service or by
5-24 certified mail with return receipt requested. At the hearing, the
5-25 podiatrist and his attorney are entitled to present any testimony
5-26 and other evidence to show why the podiatrist should not be
5-27 required to submit to the examination. After a complete hearing,
5-28 the Board shall issue an order either requiring the podiatrist to
5-29 submit to the examination or withdrawing the request for
5-30 examination;<.>
5-31 (16) The failure to practice podiatry in an acceptable
5-32 manner consistent with public health and welfare;<.>
5-33 (17) Being removed, suspended, or disciplined in
5-34 another manner by the podiatrist's peers in any professional
5-35 podiatry association or society, whether the association or society
5-36 is local, regional, state, or national in scope or being
5-37 disciplined by a licensed hospital or the medical staff of a
5-38 hospital, including removal, suspension, limitation of hospital
5-39 privileges, or other disciplinary action, if any of these actions
5-40 in the opinion of the Board were based on unprofessional conduct or
5-41 professional incompetence that was likely to harm the public,
5-42 provided that the Board finds that the action taken was appropriate
5-43 and reasonably supported by evidence submitted to the association,
5-44 society, hospital, or medical staff; and<.>
5-45 (18) Repeated or recurring meritorious health care
5-46 liability claims against the podiatrist that in the opinion of the
5-47 Board are evidence of professional incompetence likely to injure
5-48 the public.
5-49 (e) Any applicant who is refused admittance to examination
5-50 has the right to try the issue in the District Court of Travis
5-51 County <the county in which he resides or in which any Board member
5-52 resides>.
5-53 SECTION 8. Subsections (a) and (b), Section 1, Article 4571,
5-54 Revised Statutes, are amended to read as follows:
5-55 (a) The Texas State Board of Podiatric Medical <Podiatry>
5-56 Examiners shall set and may from time to time change the amount of
5-57 the annual license renewal fee as in the Board's judgment may be
5-58 needed to provide for the reasonable costs and expenses of the
5-59 Board in performing its duties and the administration of the law
5-60 regulating the practice of podiatry. The annual license renewal
5-61 fee shall be paid to the Board.
5-62 (b) The Texas State Board of Podiatric Medical <Podiatry>
5-63 Examiners on or before October <August> first of each year shall
5-64 notify, by mail, all Texas licensed podiatrists at their last known
5-65 address that the annual license renewal fee is due on the following
5-66 November <September> first.
5-67 SECTION 9. Sections 4 and 5, Article 4571, Revised Statutes,
5-68 are amended to read as follows:
5-69 Sec. 4. REISSUANCE OF LOST OR AMENDED LICENSE. If any
5-70 license issued by the Board is lost, destroyed or stolen from the
6-1 legally qualified and authorized person to whom it was issued, the
6-2 owner of the license shall report the fact to <the
6-3 Secretary-Treasurer of> the Board, in an affidavit form. The
6-4 affidavit shall set forth detailed information as to the loss,
6-5 destruction or theft, giving dates, place and circumstances. If
6-6 the owner of a license desires to have an amended license issued to
6-7 him because of a lawful change in the name or degree designation of
6-8 the licensee or for any other lawful and sufficient reason, the
6-9 owner of the license shall make application for such amended
6-10 license to <the Secretary-Treasurer of> the Board setting forth the
6-11 reasons the issuance of an amended license is requested. A
6-12 duplicate or amended license shall be issued upon regular
6-13 application of the owner of the original license and payment of a
6-14 fee set by the Board for the duplicate or amended license; however,
6-15 the Board shall not issue a duplicate or amended license until
6-16 sufficient evidence by the owner of the original license has been
6-17 submitted to prove the license has been lost or to establish the
6-18 lawful reason an amended license should be issued, and unless the
6-19 records of the Board show a license had been issued and been in
6-20 full force and effect at the time of such loss, destruction or
6-21 theft, or such request for an amended license. If an amended
6-22 license is issued, the original license shall be returned to the
6-23 Board.
6-24 Sec. 5. DISPLAY OF LICENSE. Every person licensed by the
6-25 <State> Board <of Podiatry Examiners> to practice in the state
6-26 shall conspicuously display both his license and an annual renewal
6-27 certificate for the current year of practice in the place or office
6-28 wherein he practices and shall be required to exhibit such license
6-29 and renewal certificate to a representative of the Board upon such
6-30 representative's official request for its examination or
6-31 inspection.
6-32 SECTION 10. Subsection (a), Section 6, Article 4571, Revised
6-33 Statutes, is amended to read as follows:
6-34 (a) Any licensed podiatrist whose license has been suspended
6-35 or revoked or whose annual renewal certificate has expired while he
6-36 has been engaged in Federal service or on active duty with the Army
6-37 of the United States, the United States Navy, the United States
6-38 Marine Corps, the United States Coast Guard, or the United States
6-39 Air Force, <or the United States Maritime Service or the State
6-40 Militia,> called into service or training of the United States of
6-41 America or in training or education under the supervision of the
6-42 United States preliminary to induction into the military service,
6-43 may have his license renewed without paying any lapsed renewal fee
6-44 or without passing any examination, if, within one (1) year after
6-45 termination of said service, training or education, other than by
6-46 dishonorable discharge, he furnishes the <State> Board <of Podiatry
6-47 Examiners> an affidavit to the effect that he has been so engaged
6-48 and that his service, training or education has been so terminated.
6-49 SECTION 11. Article 4573, Revised Statutes, as amended by
6-50 Chapter 52, Acts of the 67th Legislature, Regular Session, 1981,
6-51 and Chapter 14, Acts of the 72nd Legislature, Regular Session,
6-52 1991, is amended by amending Subsections (g) and (h) and by adding
6-53 Subsections (j), (k), (l), (m), and (n) to read as follows:
6-54 (g) At any time while the probationer remains on probation,
6-55 the Board may hold a hearing and, upon majority vote, rescind the
6-56 probation if the terms of the probation have been violated, and
6-57 enforce the Board's original action in revoking, cancelling, or
6-58 suspending the practitioner's license. The hearing to rescind the
6-59 probation shall be called by the President of the Texas State Board
6-60 of Podiatric Medical <Podiatry> Examiners, who shall cause to be
6-61 issued a notice setting a time and place for the hearing and
6-62 containing the charges or complaints against the probationer. The
6-63 notice shall be served on the probationer or his counsel, and any
6-64 person or persons complaining of the probationer or their counsel,
6-65 at least ten (10) days prior to the time set for the hearing. When
6-66 personal service is impossible, or cannot be effected, the same
6-67 provisions for service in lieu of personal service set out in
6-68 Subsection (d) of this Article shall apply. The respondent and any
6-69 person or persons complaining of the respondent have the right to
6-70 appear at the hearing either personally or by counsel, or both, to
7-1 produce witnesses or evidence, to cross-examine witnesses, and to
7-2 have subpoenas issued by the Board. The Board may also issue
7-3 subpoenas on its own motion. The subpoenas of the Board may be
7-4 enforced through any district court having jurisdiction and venue
7-5 in the county where the hearing is held. The Board shall determine
7-6 the charges upon their merits. The order revoking or rescinding
7-7 the probation is not subject to review or appeal.
7-8 (h) <(g)> This article does not apply to a person convicted
7-9 of a felony under Chapter 481, Health and Safety Code, Section
7-10 485.033, Health and Safety Code, or Chapter 483, Health and Safety
7-11 Code.
7-12 (i) <(h)> Upon application, the Board may reissue a license
7-13 to practice podiatry to a person whose license has been cancelled
7-14 or suspended, but the application, in the case of cancellation or
7-15 revocation, may not be made prior to one (1) year after the
7-16 cancellation or revocation, and shall be made in such manner and
7-17 form as the Board may require.
7-18 (j) A complaint, report, investigation file, or other
7-19 investigative information in the possession of or received or
7-20 gathered by the Board or an employee or agent of the Board that
7-21 relates to a license holder, a license application, or a criminal
7-22 investigation or proceeding is privileged, confidential, and not
7-23 subject to discovery, subpoena, or any other legal method of
7-24 compelling release.
7-25 (k) Subject to any other privilege or restriction
7-26 established by law, not later than the 30th day after the date the
7-27 Board receives a written request from a license holder, or the
7-28 license holder's attorney, who is the subject of a formal complaint
7-29 under this article, the Board shall provide the license holder with
7-30 access to all information in the Board's possession that the Board
7-31 intends to offer into evidence at the contested case hearing on the
7-32 complaint. The Board may provide access to the information to the
7-33 license holder after the 30th day after the date the Board receives
7-34 a request only on a showing of good cause. The Board is not
7-35 required under this subsection to provide access to the Board's
7-36 investigative reports or memoranda, release the identity of a
7-37 complainant who will not testify at the hearing, or release
7-38 information that is an attorney's work product or protected by the
7-39 attorney-client privilege or another privilege recognized by the
7-40 Texas Rules of Civil Procedure or Texas Rules of Civil Evidence.
7-41 The furnishing of information under this subsection does not
7-42 constitute a waiver of any privilege or confidentiality provision
7-43 under law.
7-44 (l) Investigative information in the possession of the Board
7-45 that relates to a disciplinary action regarding a license holder
7-46 may be disclosed to:
7-47 (1) a licensing agency regulating the practice of
7-48 podiatric medicine in another state, the District of Columbia, or
7-49 another country in which the license holder is also licensed or has
7-50 applied for a license; or
7-51 (2) a peer review committee reviewing an application
7-52 for privileges or the qualifications of the license holder with
7-53 regard to retaining the license holder's privileges.
7-54 (m) If information obtained by the Board in the course of an
7-55 investigation indicates that a crime may have been committed, that
7-56 information shall be reported to the appropriate law enforcement
7-57 agency. The Board shall cooperate and assist a law enforcement
7-58 agency conducting a criminal investigation of a license holder by
7-59 providing relevant information to the agency. Information provided
7-60 to a law enforcement agency by the Board is confidential and may
7-61 not be disclosed except as necessary to conduct the investigation.
7-62 (n) The Board shall provide information to a health care
7-63 entity on the written request of the entity concerning:
7-64 (1) a complaint filed against a license holder that
7-65 was resolved after an investigation by the Board or resolved by an
7-66 agreed settlement; and
7-67 (2) the basis for and status of an active
7-68 investigation concerning a license holder.
7-69 SECTION 12. Subsections (a) and (c), Section 1, Article
7-70 4573b, Revised Statutes, are amended to read as follows:
8-1 (a) Each insurer that delivers or issues for delivery in
8-2 this state professional liability insurance coverage to a
8-3 podiatrist who practices in this state shall furnish to the Texas
8-4 State Board of Podiatric Medical <Podiatry> Examiners the
8-5 information specified in Subsection (b) of this section relating
8-6 to:
8-7 (1) a notice of claim letter or a complaint filed
8-8 against an insured in a court, if the notice of claim letter or the
8-9 complaint seeks the recovery of damages based on the insured's
8-10 conduct in providing or failing to provide medical or health-care
8-11 services; or
8-12 (2) a settlement of a claim or other legal action made
8-13 by the insurer on behalf of the insured.
8-14 (c) If a podiatrist who practices in this state is not
8-15 covered by professional liability insurance or is insured by an
8-16 insurer that is not authorized to write professional liability
8-17 insurance for podiatrists in this state, the podiatrist shall
8-18 submit information to the Texas State Board of Podiatric Medical
8-19 <Podiatry> Examiners relating to any malpractice action brought
8-20 against that podiatrist. The podiatrist shall submit the
8-21 information as required by rules adopted by that board under
8-22 Section 2 of this article.
8-23 SECTION 13. Sections 2, 3, 4, and 5, Article 4573b, Revised
8-24 Statutes, are amended to read as follows:
8-25 Sec. 2. (a) In consultation with the State Board of
8-26 Insurance, the Texas State Board of Podiatric Medical <Podiatry>
8-27 Examiners shall adopt rules for reporting the information required
8-28 under Section 1 of this article and any additional information
8-29 required by the Texas State Board of Podiatric Medical <Podiatry>
8-30 Examiners.
8-31 (b) The Texas State Board of Podiatric Medical <Podiatry>
8-32 Examiners shall consider other claim reports required under state
8-33 or federal law in determining:
8-34 (1) any additional information to be reported;
8-35 (2) the form of such a report; and
8-36 (3) reasonable reporting intervals.
8-37 (c) Additional information that may be required by the Texas
8-38 State Board of Podiatric Medical <Podiatry> Examiners includes:
8-39 (1) the date of a judgment, dismissal, or settlement
8-40 of a malpractice action;
8-41 (2) whether an appeal has been taken, and by which
8-42 party; and
8-43 (3) the amount of any judgment or settlement.
8-44 Sec. 3. Neither liability nor a cause of action for an
8-45 action taken as required under this article arises against:
8-46 (1) an insurer;
8-47 (2) an agent or employee of the insurer;
8-48 (3) a member of the Texas State Board of Podiatric
8-49 Medical <Podiatry> Examiners; or
8-50 (4) an employee or representative of the board.
8-51 Sec. 4. In the trial of an action brought against a
8-52 podiatrist based on the podiatrist's conduct in providing or
8-53 failing to provide medical or health-care services, a report or
8-54 information submitted to the Texas State Board of Podiatric Medical
8-55 <Podiatry> Examiners under this article or the fact that such a
8-56 report or information has been submitted may not be offered in
8-57 evidence or in any manner used in the trial of the action.
8-58 Sec. 5. The Texas State Board of Podiatric Medical
8-59 <Podiatry> Examiners shall review the information relating to a
8-60 podiatrist against whom three or more malpractice claims have been
8-61 reported during any five-year period as if a complaint against that
8-62 podiatrist had been made to that board under Article 4573, Revised
8-63 Statutes.
8-64 SECTION 14. Section 4, Article 4573f, Revised Statutes, is
8-65 amended to read as follows:
8-66 Sec. 4. Written or oral communications made to a podiatric
8-67 peer review committee and the records and proceedings of a peer
8-68 review committee may be disclosed to:
8-69 (1) another podiatric peer review committee;
8-70 (2) an appropriate state or federal agency;
9-1 (3) a national accreditation body; or
9-2 (4) the Texas State Board of Podiatric Medical
9-3 <Podiatry> Examiners or the state board of registration or
9-4 licensure of podiatrists in another state.
9-5 SECTION 15. Subsection (b), Section 5, Article 4573f,
9-6 Revised Statutes, is amended to read as follows:
9-7 (b) If a podiatric peer review committee takes action that
9-8 could result in censure or suspension, restriction, limitation, or
9-9 revocation of a license by the Texas State Board of Podiatric
9-10 Medical <Podiatry> Examiners or a denial of membership or
9-11 privileges in a health care entity, the affected podiatrist shall
9-12 be provided a written copy of the recommendation of the podiatric
9-13 peer review committee and a copy of the final decision, including a
9-14 statement of the basis for the decision.
9-15 SECTION 16. Subsections (a) and (c), Section 7, Article
9-16 4573f, Revised Statutes, are amended to read as follows:
9-17 (a) All persons, including the governing body and medical
9-18 staff of a health care entity, shall comply with a subpoena issued
9-19 by the Texas State Board of Podiatric Medical <Podiatry> Examiners
9-20 for documents or information.
9-21 (c) Failure to comply with a subpoena constitutes grounds
9-22 for disciplinary action against the facility or individual by the
9-23 Texas State Board of Podiatric Medical <Podiatry> Examiners.
9-24 SECTION 17. Section 8, Article 4573f, Revised Statutes, is
9-25 amended to read as follows:
9-26 Sec. 8. A person, health care entity, or podiatric peer
9-27 review committee that participates in podiatric peer review
9-28 activity or furnishes records, information, or assistance to a
9-29 podiatric peer review committee or to the Texas State Board of
9-30 Podiatric Medical <Podiatry> Examiners is immune from any civil
9-31 liability arising from those acts if the acts were made in good
9-32 faith and without malice.
9-33 SECTION 18. Section 6, Chapter 96, Acts of the 60th
9-34 Legislature, Regular Session, 1967 (Article 4575a, Vernon's Texas
9-35 Civil Statutes), is amended to read as follows:
9-36 Sec. 6. The Texas State Board of Podiatric Medical
9-37 <Podiatry> Examiners may institute actions in its own name to
9-38 enjoin a violation of any of the provisions of Chapter 11, Title 71
9-39 of the Revised Civil Statutes of Texas, 1925, as amended,
9-40 consisting of Article 4567 through Article 4575, inclusive, Revised
9-41 Civil Statutes of Texas, 1925, as amended, and to enjoin any person
9-42 from performing an act constituting the practice of podiatry unless
9-43 authorized by law. The Attorney General or any district or county
9-44 attorney shall represent the Texas State Board of Podiatric Medical
9-45 <Podiatry> Examiners in such court action.
9-46 SECTION 19. Subsection (a), Article 60.061, Code of Criminal
9-47 Procedure, as amended by Chapters 790 and 1025, Acts of the 73rd
9-48 Legislature, 1993, is amended to read as follows:
9-49 (a) The Texas State Board of Medical Examiners, the Texas
9-50 State Board of Podiatric Medical <Podiatry> Examiners, the State
9-51 Board of Dental Examiners, the State Board of Pharmacy, and the
9-52 State Board of Veterinary Medical Examiners shall provide to the
9-53 Department of Public Safety through electronic means, magnetic
9-54 tape, or disk, as specified by the department, a list including the
9-55 name, date of birth, and any other personal descriptive information
9-56 required by the department for each person licensed by the
9-57 respective agency. Each agency shall update this information and
9-58 submit to the Department of Public Safety the updated information
9-59 monthly.
9-60 SECTION 20. Subdivision (10), Section 241.003, Health and
9-61 Safety Code, is amended to read as follows:
9-62 (10) "Podiatrist" means a podiatrist licensed by the
9-63 Texas State Board of Podiatric Medical <Podiatry> Examiners.
9-64 SECTION 21. Subsection (f), Section 401.064, Health and
9-65 Safety Code, is amended to read as follows:
9-66 (f) In adopting rules under this section relating to the
9-67 inspection of medical, podiatric medical, dental, veterinary, and
9-68 chiropractic electronic products, the board shall solicit and
9-69 follow the recommendations of the State Board of Dental Examiners
9-70 for the inspections of dental electronic products, the Texas State
10-1 Board of Podiatric Medical <Podiatry> Examiners for the inspection
10-2 of podiatric medical electronic products, the Texas State Board of
10-3 Medical Examiners for the inspection of medical electronic
10-4 products, the Texas State Board of Veterinary Medical Examiners for
10-5 the inspection of medical electronic products used in the practice
10-6 of veterinary medicine, and the State Board of Chiropractic
10-7 Examiners for the inspection of chiropractic electronic products,
10-8 unless in conflict with federal statutes or federal rules.
10-9 SECTION 22. Subsection (a), Section 481.076, Health and
10-10 Safety Code, is amended to read as follows:
10-11 (a) The director may not permit any person to have access to
10-12 information submitted to the Department of Public Safety under
10-13 Section 481.075 except:
10-14 (1) investigators for the Texas State Board of Medical
10-15 Examiners, the Texas State Board of Podiatric Medical <Podiatry>
10-16 Examiners, the State Board of Dental Examiners, the State Board of
10-17 Veterinary Medical Examiners, or the Texas State Board of Pharmacy;
10-18 or
10-19 (2) authorized officers of the Department of Public
10-20 Safety engaged in investigation of suspected criminal violations of
10-21 this chapter who obtain access with the approval of an investigator
10-22 listed in Subdivision (1).
10-23 SECTION 23. Subdivision (12), Section 483.001, Health and
10-24 Safety Code, is amended to read as follows:
10-25 (12) "Practitioner" means a person licensed:
10-26 (A) by the Texas State Board of Medical
10-27 Examiners, State Board of Dental Examiners, Texas State Board of
10-28 Podiatric Medical <Podiatry> Examiners, Texas Optometry Board, or
10-29 State Board of Veterinary Medical Examiners to prescribe and
10-30 administer dangerous drugs;
10-31 (B) by another state in a health field in which,
10-32 under the laws of this state, a licensee may legally prescribe
10-33 dangerous drugs; or
10-34 (C) in Canada or Mexico in a health field in
10-35 which, under the laws of this state, a licensee may legally
10-36 prescribe dangerous drugs.
10-37 SECTION 24. Subsection (B), Section 2, Chapter 397, Acts of
10-38 the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
10-39 Vernon's Texas Insurance Code), is amended to read as follows:
10-40 (B) No policy of accident and sickness insurance shall make
10-41 benefits contingent upon treatment or examination by a particular
10-42 practitioner or by particular practitioners of the healing arts
10-43 hereinafter designated unless such policy contains a provision
10-44 designating the practitioner or practitioners who will be
10-45 recognized by the insurer and those who will not be recognized by
10-46 the insurer. Such provision may be located in the "Exceptions" or
10-47 "Exceptions and Reductions" provisions, or elsewhere in the policy,
10-48 or by endorsement attached to the policy, at the insurer's option.
10-49 In designating the practitioners who will and will not be
10-50 recognized, such provision shall use the following terms: Doctor
10-51 of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
10-52 Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
10-53 Audiologist, Licensed Speech-language Pathologist, Doctor in
10-54 Psychology, Licensed Master Social Worker--Advanced Clinical
10-55 Practitioner, Licensed Dietitian, Licensed Professional Counselor,
10-56 Licensed Marriage and Family Therapist, and Licensed Hearing Aid
10-57 Fitter and Dispenser.
10-58 For purposes of this Act, such designations shall have the
10-59 following meanings:
10-60 Doctor of Medicine: One licensed by the Texas State Board of
10-61 Medical Examiners on the basis of the degree "Doctor of Medicine";
10-62 Doctor of Osteopathy: One licensed by the Texas State Board
10-63 of Medical Examiners on the basis of the degree of "Doctor of
10-64 Osteopathy";
10-65 Doctor of Dentistry: One licensed by the State Board of
10-66 Dental Examiners;
10-67 Doctor of Chiropractic: One licensed by the Texas Board of
10-68 Chiropractic Examiners;
10-69 Doctor of Optometry: One licensed by the Texas Optometry
10-70 Board;
11-1 Doctor of Podiatry: One licensed by the State Board of
11-2 Podiatric Medical <Podiatry> Examiners;
11-3 Licensed Audiologist: One with a master's or doctorate
11-4 degree in audiology from an accredited college or university and
11-5 who is licensed as an audiologist by the State Committee of
11-6 Examiners for Speech-Language Pathology and Audiology;
11-7 Licensed Speech-language Pathologist: One with a master's or
11-8 doctorate degree in speech pathology or speech-language pathology
11-9 from an accredited college or university and who is licensed as a
11-10 speech-language pathologist by the State Committee of Examiners for
11-11 Speech-Language Pathology and Audiology;
11-12 Doctor in Psychology: One licensed by the Texas State Board
11-13 of Examiners of Psychologists and certified as a Health Service
11-14 Provider;
11-15 Licensed Master Social Worker--Advanced Clinical
11-16 Practitioner: One licensed by the Texas State Board of Social
11-17 Worker Examiners as a Licensed Master Social Worker with the order
11-18 of recognition of Advanced Clinical Practitioner;
11-19 Licensed Dietitian: One licensed by the Texas State Board of
11-20 Examiners of Dietitians;
11-21 Licensed Professional Counselor: One licensed by the Texas
11-22 State Board of Examiners of Professional Counselors;
11-23 Licensed Marriage and Family Therapist: One licensed by the
11-24 Texas State Board of Examiners of Marriage and Family Therapists;
11-25 and
11-26 Licensed Hearing Aid Fitter and Dispenser: One licensed by
11-27 the Texas Board of Examiners in the Fitting and Dispensing of
11-28 Hearing Aids.
11-29 SECTION 25. Article 21.52A, Insurance Code, is amended to
11-30 read as follows:
11-31 Art. 21.52A. CERTIFICATION BY PODIATRIST. An insurance
11-32 policy that is delivered, issued for delivery, or renewed in this
11-33 state and that provides benefits covering loss of income based on
11-34 an acute and temporary disability caused by sickness or injury may
11-35 not deny payment of those benefits on the ground that the acute and
11-36 temporary disability is certified or attested to by a podiatrist
11-37 licensed by the Texas State Board of Podiatric Medical <Podiatry>
11-38 Examiners if the acute and temporary disability is caused by a
11-39 sickness or injury that may be treated by acts performed by a
11-40 licensed podiatrist under the scope of that license.
11-41 SECTION 26. Subdivision (1), Subsection (a), Section 19,
11-42 Chapter 836, Acts of the 62nd Legislature, Regular Session, 1971
11-43 (Article 4512e, Vernon's Texas Civil Statutes), is amended to read
11-44 as follows:
11-45 (1) A license may be denied, or after hearing,
11-46 suspended or revoked, or a licensee otherwise disciplined if the
11-47 applicant or licensee has:
11-48 (A) provided physical therapy to a person,
11-49 except as provided by Subdivision (2) of this subsection, without
11-50 the referral from a physician licensed to practice medicine by a
11-51 state Board of Medical Examiners, or by a dentist licensed by a
11-52 state Board of Dental Examiners, or a doctor licensed to practice
11-53 chiropractic by a state Board of Chiropractic Examiners or a
11-54 podiatrist licensed by a state Board of Podiatric Medical
11-55 <Podiatry> Examiners, or by any other qualified, licensed
11-56 health-care professional who within the scope of the professional
11-57 licensure is authorized to refer for health care services. The
11-58 professional taking an action under this subdivision is a referring
11-59 practitioner;
11-60 (B) in the case of a physical therapist
11-61 assistant, treated a person other than under the direction of a
11-62 licensed physical therapist;
11-63 (C) used drugs or intoxicating liquors to an
11-64 extent that affects the licensee's or applicant's professional
11-65 competence;
11-66 (D) been convicted of a felony in this state or
11-67 in any other state, territory, or nation; conviction as used in
11-68 this subdivision includes a finding or verdict of guilty, an
11-69 admission of guilt, or a plea of nolo contendere;
11-70 (E) obtained or attempted to obtain a license by
12-1 fraud or deception;
12-2 (F) been grossly negligent in the practice of
12-3 physical therapy or in acting as a physical therapist assistant;
12-4 (G) been adjudged mentally incompetent by a
12-5 court of competent jurisdiction;
12-6 (H) practiced physical therapy in a manner
12-7 detrimental to the public health and welfare; or
12-8 (I) had the licensee's or applicant's license to
12-9 practice physical therapy revoked or suspended or had other
12-10 disciplinary action taken against the licensee or applicant or had
12-11 the licensee's or applicant's application for a license refused,
12-12 revoked, or suspended by the proper licensing authority of another
12-13 state, territory, or nation.
12-14 SECTION 27. Subsection (a), Section 2.08, Medical Radiologic
12-15 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
12-16 Statutes), is amended to read as follows:
12-17 (a) This section applies to the Texas State Board of Medical
12-18 Examiners, the Texas Board of Chiropractic Examiners, the Texas
12-19 State Board of Dental Examiners, the Texas State Board of Podiatric
12-20 Medical <Podiatry> Examiners, and the Board of Nurse Examiners.
12-21 SECTION 28. Subsection (b), Section 1, Article 4512p,
12-22 Revised Statutes, is amended to read as follows:
12-23 (b) The council consists of one representative appointed by
12-24 each of the following:
12-25 (1) the Texas Board of Chiropractic Examiners;
12-26 (2) the State Board of Dental Examiners;
12-27 (3) the Texas Optometry Board;
12-28 (4) the State Board of Pharmacy;
12-29 (5) the Texas State Board of Podiatric Medical
12-30 <Podiatry> Examiners;
12-31 (6) the State Board of Veterinary Medical Examiners;
12-32 (7) the Texas State Board of Medical Examiners;
12-33 (8) the Board of Nurse Examiners;
12-34 (9) the Texas State Board of Examiners of
12-35 Psychologists;
12-36 (10) the Board of Vocational Nurse Examiners;
12-37 (11) the entity that regulates the practice of
12-38 physical therapy;
12-39 (12) the entity that regulates the practice of
12-40 occupational therapy;
12-41 (13) the health licensing division of the Department
12-42 of Public Health; and
12-43 (14) the governor's office.
12-44 SECTION 29. Section 5, Article 4518, Revised Statutes, is
12-45 amended to read as follows:
12-46 Sec. 5. Insofar as any of the following acts require
12-47 substantial specialized judgment and skill and insofar as the
12-48 proper performance of any of the following acts is based upon
12-49 knowledge and application of the principles of biological,
12-50 physical, and social science as acquired by a completed course in
12-51 an approved school of professional nursing, "Professional Nursing"
12-52 shall be defined as the performance for compensation of any nursing
12-53 act (a) in the observation, assessment, intervention, evaluation,
12-54 rehabilitation, care and counsel and health teachings of persons
12-55 who are ill, injured or infirm or experiencing changes in normal
12-56 health processes; (b) in the maintenance of health or prevention of
12-57 illness; (c) in the administration of medications or treatments as
12-58 ordered by a licensed physician, including a podiatric physician
12-59 licensed by the Texas State Board of Podiatric Medical <Podiatry>
12-60 Examiners, or dentist; (d) in the supervision or teaching of
12-61 nursing; (e) in the administration, supervision, and evaluation of
12-62 nursing practices, policies, and procedures; or (f) in the
12-63 requesting, receiving, and signing for professional samples and
12-64 distributing the samples to patients at a site serving underserved
12-65 populations, as provided by Section 3.06(d)(5), Medical Practice
12-66 Act (Article 4495b, Vernon's Texas Civil Statutes), and rules
12-67 implementing that section. The foregoing shall not be deemed to
12-68 include acts of medical diagnosis or prescription of therapeutic or
12-69 corrective measures. Nothing in this section shall be construed as
12-70 prohibiting a registered nurse recognized by the board as having
13-1 the specialized education and training required under Section 7,
13-2 Article 4514, Revised Statutes, and functioning under adequate
13-3 physician supervision from carrying out prescription drug orders or
13-4 treatments under physician's orders, standing medical orders,
13-5 standing delegation orders, or other orders or protocols.
13-6 SECTION 30. Section 3, Healing Art Identification Act
13-7 (Article 4590e, Vernon's Texas Civil Statutes), is amended to read
13-8 as follows:
13-9 Sec. 3. HEALING ART IDENTIFICATIONS. Every person licensed
13-10 to practice the healing art heretofore or hereafter by either the
13-11 Texas State Board of Medical Examiners, the State Board of Dental
13-12 Examiners, the Texas Board of Chiropractic Examiners, the Texas
13-13 State Board of Examiners in Optometry, the Texas State Board of
13-14 Podiatric Medical <Chiropody> Examiners, and the State Board of
13-15 Naturopathic Examiners shall in the professional use of his name on
13-16 any sign, pamphlet, stationery, letterhead, signature, or on any
13-17 other such means of professional identification, written or
13-18 printed, designate in the manner set forth in this Act the system
13-19 of the healing art which he is by his license permitted to
13-20 practice. The following are the legally required identifications,
13-21 one of which must be used by practitioners of the healing art:
13-22 (1) If licensed by the Texas State Board of Medical
13-23 Examiners on the basis of the degree Doctor of Medicine: physician
13-24 and/or surgeon, M.D.; doctor, M.D.; doctor of medicine, M.D.
13-25 (2) If licensed by the Texas State Board of Medical
13-26 Examiners on the basis of the degree Doctor of Osteopathy:
13-27 physician and/or surgeon, D.O.; Osteopathic physician and/or
13-28 surgeon; doctor, D.O.; doctor of osteopathy; osteopath; D.O.
13-29 (3) If licensed by the State Board of Dental
13-30 Examiners: dentist; doctor, D.D.S.; doctor of dental surgery;
13-31 D.D.S.; doctor of dental medicine, D.M.D.
13-32 (4) If licensed by the Texas Board of Chiropractic
13-33 Examiners: chiropractor; doctor, D.C.; doctor of Chiropractic;
13-34 D.C.
13-35 (5) If licensed by the Texas State Board of Examiners
13-36 in Optometry: optometrist; doctor, optometrist; doctor of
13-37 optometry; O.D.
13-38 (6) If a practitioner of the healing art is licensed
13-39 by the Texas State Board of Podiatric Medical <Podiatry> Examiners,
13-40 he shall use one of the following identifications: chiropodist;
13-41 doctor, D.S.C.; Doctor of Surgical Chiropody; D.S.C.; podiatrist;
13-42 doctor, D.P.M.; Doctor of Podiatric Medicine; D.P.M., podiatric
13-43 physician.
13-44 (7) If licensed by the State Board of Naturopathic
13-45 Examiners: naturopathic physician; physician, N.D.; doctor of
13-46 naturopathy; N.D.; doctor, N.D.
13-47 SECTION 31. Section 1, Chapter 96, Acts of the 60th
13-48 Legislature, Regular Session, 1967 (Article 4567a, Vernon's Texas
13-49 Civil Statutes), is repealed.
13-50 SECTION 32. (a) This Act takes effect September 1, 1995.
13-51 (b) The changes in law made by Subsection (j), Article 4568,
13-52 Revised Statutes, as amended by this Act, and by Subsections (j),
13-53 (k), (l), (m), and (n), Article 4573, Revised Statutes, as added by
13-54 this Act, apply only to a proceeding commenced by the Texas State
13-55 Board of Podiatric Medical Examiners on or after the effective date
13-56 of this Act. A proceeding commenced before that date is governed
13-57 by the law in effect at the time the proceeding was commenced, and
13-58 the former law is continued in effect for that purpose.
13-59 SECTION 33. The importance of this legislation and the
13-60 crowded condition of the calendars in both houses create an
13-61 emergency and an imperative public necessity that the
13-62 constitutional rule requiring bills to be read on three several
13-63 days in each house be suspended, and this rule is hereby suspended.
13-64 * * * * *