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                               * * * * *