By Maxey H.B. No. 419
77R2801 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public access to certain information regarding
1-3 podiatrists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 202, Occupations Code, is
1-6 amended by adding Section 202.206 to read as follows:
1-7 Sec. 202.206. PODIATRIST PROFILES. (a) The board shall
1-8 create a profile of each podiatrist. The profile must:
1-9 (1) include the information required by Subsection
1-10 (b); and
1-11 (2) be compiled in a format that permits the board to
1-12 make the information contained in the profile available to the
1-13 public.
1-14 (b) A profile must contain the following information on each
1-15 podiatrist:
1-16 (1) the name of the school of podiatry or chiropody
1-17 from which the podiatrist graduated and the date of graduation;
1-18 (2) any specialty certification held by the
1-19 podiatrist;
1-20 (3) the number of years the podiatrist has actively
1-21 practiced podiatry in:
1-22 (A) the United States or Canada; and
1-23 (B) this state;
1-24 (4) the name of each hospital in this state in which
2-1 the podiatrist has privileges;
2-2 (5) the podiatrist's primary practice location;
2-3 (6) the type of language translating services,
2-4 including translating services for a person with impairment of
2-5 hearing, that the podiatrist provides at the podiatrist's primary
2-6 practice location;
2-7 (7) whether the podiatrist participates in the
2-8 Medicaid program;
2-9 (8) a description of any conviction for a Class C
2-10 misdemeanor involving moral turpitude, a Class A or Class B
2-11 misdemeanor, or a felony during the 10-year period preceding the
2-12 date of the profile;
2-13 (9) a description of any charges reported to the board
2-14 during the 10-year period preceding the date of the profile to
2-15 which the podiatrist has pleaded no contest, for which the
2-16 podiatrist is the subject of deferred adjudication or pretrial
2-17 diversion, or in which sufficient facts of guilt were found and the
2-18 matter was continued by a court;
2-19 (10) a description of any disciplinary action against
2-20 the podiatrist by the board during the 10-year period preceding the
2-21 date of the profile;
2-22 (11) a description of any disciplinary action against
2-23 the podiatrist by a podiatrist licensing board of another state
2-24 during the 10-year period preceding the date of the profile;
2-25 (12) a description of the final resolution taken by
2-26 the board on each malpractice claim or complaint required to be
2-27 opened by the board under Section 202.353(i);
3-1 (13) whether the podiatrist's patient service areas
3-2 are accessible to disabled persons, as defined by federal law; and
3-3 (14) a description of any complaint against the
3-4 podiatrist filed with the board and the status of the complaint.
3-5 (c) Information required to be included under Subsection (b)
3-6 that is not maintained by the board in the ordinary course of the
3-7 board's duties shall be obtained from a podiatrist at the time the
3-8 podiatrist renews the podiatrist's license. In requesting
3-9 information from the podiatrist, the board shall:
3-10 (1) inform the podiatrist that compliance with the
3-11 request for information is mandatory;
3-12 (2) inform the podiatrist of the date the information
3-13 will be made available to the public; and
3-14 (3) instruct the podiatrist about the requirements
3-15 under Subsection (f) for the podiatrist to obtain a copy of the
3-16 podiatrist's profile to make corrections.
3-17 (d) This section does not:
3-18 (1) prevent the board from providing explanatory
3-19 information regarding the significance of categories in which
3-20 malpractice settlements are reported; or
3-21 (2) require the board to disclose confidential
3-22 settlement information.
3-23 (e) A pending malpractice claim or complaint, other than a
3-24 claim disclosed under Subsection (b)(12), may not be disclosed to
3-25 the public by the board. This subsection does not prevent the board
3-26 from investigating and disciplining a podiatrist on the basis of a
3-27 pending malpractice claim or complaint.
4-1 (f) The board shall provide a podiatrist with a copy of the
4-2 podiatrist's profile if the podiatrist requests a copy at the time
4-3 the podiatrist renews the podiatrist's license. If a copy is
4-4 requested by a podiatrist, the board shall provide the podiatrist
4-5 one month from the date the copy is provided to the podiatrist to
4-6 correct factual errors in the podiatrist's profile.
4-7 (g) The board shall update the information contained in a
4-8 podiatrist's profile annually. The board shall adopt a form that
4-9 allows a podiatrist to update information contained in a
4-10 podiatrist's profile. The form shall be made available on the
4-11 Internet and in other formats as prescribed by board rule. The
4-12 board may adopt rules concerning the type and content of additional
4-13 information that may be included in a podiatrist's profile.
4-14 (h) The board shall adopt rules as necessary to implement
4-15 this section.
4-16 SECTION 2. (a) This Act takes effect September 1, 2001.
4-17 (b) The Texas State Board of Podiatric Medical Examiners
4-18 shall adopt rules under Section 202.206, Occupations Code, as added
4-19 by this Act, not later than April 1, 2002. The board shall make
4-20 the initial podiatrist profiles required under this Act available
4-21 to the public not later than September 1, 2003.
4-22 (c) The Texas State Board of Podiatric Medical Examiners
4-23 shall raise fees prescribed by the board in an amount not to exceed
4-24 $20 for each fiscal year in the 2002-2003 biennium and not to
4-25 exceed $10 for each fiscal year in the 2004-2005 biennium for each
4-26 podiatrist licensed by the board to cover the costs of
4-27 administering the changes in law made by this Act. The board shall
5-1 reduce any fees raised under this subsection not later than the
5-2 second anniversary of the date the initial podiatrist profiles
5-3 required under this Act are made available to the public to the
5-4 extent the increase in fee amounts was necessary to cover the
5-5 initial costs incurred by the board in establishing a podiatrist
5-6 profile system.