By: Carona S.B. No. 1024
2001S0661/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of podiatrists.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 202.204, Occupations Code, is amended by
1-5 adding Subsection (e) to read as follows:
1-6 (e) A private investigator whose services are obtained under
1-7 Subsection (a) is immune from liability and may not be subject to a
1-8 suit for damages for any act arising from the performance of the
1-9 investigator's duties in:
1-10 (1) investigating a complaint;
1-11 (2) holding an informal conference or testifying at a
1-12 hearing to determine facts; or
1-13 (3) making an evaluation, report, or recommendation,
1-14 or issuing an opinion or conclusion involving a podiatrist, a
1-15 podiatric patient, or a third party who requests the services of or
1-16 submits a complaint to the board.
1-17 SECTION 2. The section heading to Section 202.253,
1-18 Occupations Code, is amended to read as follows:
1-19 Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE OR FOR
1-20 DETERMINATION OF VIOLATION.
1-21 SECTION 3. Subsection (a), Section 202.253, Occupations
1-22 Code, is amended to read as follows:
1-23 (a) The board may refuse to admit a person to an
1-24 examination, [and may] refuse to issue a license to practice
1-25 podiatry to a person, or make a determination that a person is in
2-1 violation of this chapter, for:
2-2 (1) presenting to the board a license, certificate, or
2-3 diploma that was illegally or fraudulently obtained or engaging in
2-4 fraud or deception in passing the examination;
2-5 (2) being convicted of:
2-6 (A) a felony;
2-7 (B) a crime that involves moral turpitude; or
2-8 (C) an offense under Section 202.606;
2-9 (3) engaging in habits of intemperance or drug
2-10 addiction that in the board's opinion would endanger the health,
2-11 well-being, or welfare of patients;
2-12 (4) engaging in grossly unprofessional or dishonorable
2-13 conduct of a character that in the board's opinion is likely to
2-14 deceive or defraud the public;
2-15 (5) directly or indirectly violating or attempting to
2-16 violate this chapter or a rule adopted under this chapter as a
2-17 principal, accessory, or accomplice;
2-18 (6) using any advertising statement of a character
2-19 tending to mislead or deceive the public;
2-20 (7) advertising professional superiority or the
2-21 performance of professional service in a superior manner;
2-22 (8) purchasing, selling, bartering, or using or
2-23 offering to purchase, sell, barter, or use a podiatry degree,
2-24 license, certificate, diploma, or a transcript of a license,
2-25 certificate, or diploma, in or incident to an application to the
2-26 board for a license to practice podiatry;
3-1 (9) altering, with fraudulent intent, a podiatry
3-2 license, certificate, diploma, or a transcript of a podiatry
3-3 license, certificate, or diploma;
3-4 (10) using a podiatry license, certificate, or
3-5 diploma, or a transcript of a podiatry license, certificate, or
3-6 diploma, that has been fraudulently purchased, issued,
3-7 counterfeited, or materially altered;
3-8 (11) impersonating, or acting as proxy for, another
3-9 person in a podiatry license examination;
3-10 (12) impersonating a license holder, or permitting
3-11 another person to use the license holder's license to practice
3-12 podiatry in this state, to treat or offer to treat, by any method,
3-13 conditions and ailments of human feet;
3-14 (13) directly or indirectly employing a person whose
3-15 license to practice podiatry has been suspended or associating in
3-16 the practice of podiatry with a person whose license to practice
3-17 podiatry has been suspended or who has been convicted of the
3-18 unlawful practice of podiatry in this state or elsewhere;
3-19 (14) wilfully making in the application for a license
3-20 to practice podiatry a material misrepresentation or material
3-21 untrue statement;
3-22 (15) being unable to practice podiatry with reasonable
3-23 skill and safety to a patient because of age, illness, drunkenness,
3-24 or excessive use of drugs, narcotics, chemicals, or other
3-25 substances or as a result of a mental or physical condition;
3-26 (16) failing to practice podiatry in an acceptable
4-1 manner consistent with public health and welfare;
4-2 (17) being removed, suspended, or disciplined in
4-3 another manner by the podiatrist's peers in a professional podiatry
4-4 association or society, whether local, regional, state, or national
4-5 in scope, or being disciplined by a licensed hospital or the
4-6 medical staff of a hospital, including removal, suspension,
4-7 limitation of hospital privileges, or other disciplinary action, if
4-8 the board determines that the action was:
4-9 (A) based on unprofessional conduct or
4-10 professional incompetence likely to harm the public; and
4-11 (B) appropriate and reasonably supported by
4-12 evidence submitted to the association, society, hospital, or
4-13 medical staff; or
4-14 (18) having repeated or recurring meritorious health
4-15 care liability claims filed against the podiatrist that in the
4-16 board's opinion are evidence of professional incompetence likely to
4-17 injure the public.
4-18 SECTION 4. This Act takes effect September 1, 2001.