Title OC, Occupations Code

Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE. (a) The commission may refuse to issue a license or certificate to a person who violates this chapter, a rule adopted under this chapter, or an order of the commission or executive director. (a-1) The commission or department may refus…

Sec. 202.254. EXAMINATION. (a) Except as provided by Section 202.261, each applicant for a license to practice podiatry in this state must pass an examination approved by the department. (b) The department shall recognize, prepare, administer, or arrange for the administration of…

Sec. 202.256. REEXAMINATION. (a) An applicant who fails an examination and is refused a license based on that failure may retake the examination. The applicant must pay the regular examination fee for any reexamination. (b) Each reexamination must cover each subject tested in Sec…

Sec. 202.257. ISSUANCE OF LICENSE. The department shall issue a license to each applicant who possesses the qualifications required for a license and passes the examination. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2017, 85th Leg., R.S., Ch. 282…

Sec. 202.258. REFUSAL OF ADMITTANCE TO EXAMINATION. An applicant who is refused admittance to examination may try the issue in a district court in Travis County. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.259. RESIDENCY LICENSE. (a) The commission by rule may adopt a procedure for the issuance of a residency license to an applicant. (b) Rules adopted under this section must establish: (1) the criteria for issuance of a residency license; and (2) a maximum period during wh…

Sec. 202.261. LIMITED LICENSE FOR PODIATRY FACULTY MEMBERS. (a) The department may issue a license to practice podiatry without administering the examination under Section 202.254 to a podiatrist who: (1) at the time of applying for a license has accepted an appointment or is ser…

Sec. 202.262. DISPLAY OF LICENSE. (a) A person licensed under this chapter must conspicuously display both the license and an unexpired renewal certificate at the location where the person practices. (b) The person shall exhibit the license and renewal certificate to a department…

Sec. 202.263. ISSUANCE OF DUPLICATE OR AMENDED LICENSE. (a) If a license issued by the department is lost, destroyed, or stolen from the person to whom it was issued, the license holder shall report the fact to the department and include detailed information as to the loss, destr…

Sec. 202.3015. TERM AND RENEWAL. (a) A license issued under this chapter is valid for one or two years as determined by commission rule. (b) The commission by rule shall establish the requirements for renewing a license and issuing a renewal certificate under this chapter, includ…

Sec. 202.3025. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the …

Sec. 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person who practices podiatry with an expired renewal certificate is considered to be practicing without a license and is subject to all the penalties of the practice of podiatry without a license. Acts 1999, 76th Leg., ch. 388, …

Sec. 202.304. RENEWAL AFTER MILITARY SERVICE. (a) Except as provided by Subsection (c), this section applies to a podiatrist whose license has been suspended or revoked, or whose most recently issued renewal certificate has expired, while the podiatrist has been: (1) engaged in f…

Sec. 202.351. PODIATRY SERVICES FOR CERTAIN HEALTH ORGANIZATIONS. A licensed podiatrist may contract with a health organization approved by the Texas State Board of Medical Examiners under Chapter 162 to provide podiatry services for the health organization. Acts 1999, 76th Leg.,…

Sec. 202.352. APPROVAL OF NAMES UNDER WHICH PODIATRIST MAY PRACTICE. (a) The commission may adopt rules establishing standards or guidelines for the name, including a trade name or assumed name, under which a podiatrist may conduct a practice in this state. In its rules, the comm…

Sec. 202.353. MALPRACTICE CLAIM REPORTS. (a) An insurer who delivers or issues for delivery in this state professional liability insurance coverage to a podiatrist who practices in this state shall furnish to the department the information specified in Subsection (b) relating to:…

Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist may delegate to a qualified and properly trained podiatric medical assistant acting under the podiatrist's supervision any podiatric medical act that a reasonable and prudent podiatrist would find within the scope of soun…

Sec. 202.401. DEFINITIONS. In this subchapter: (1) "Patient" means a person who consults or is seen by a podiatrist to receive podiatric care. (2) "Podiatric record" means a record relating to the history, diagnosis, treatment, or prognosis of a patient. Acts 1999, 76th Leg., ch.…

Sec. 202.402. SCOPE OF PRIVILEGE. (a) A communication that relates to or is in connection with professional services provided by a podiatrist for a patient is confidential and privileged and may not be disclosed except as provided by this subchapter. (b) Records of the identity, …

Sec. 202.403. CLAIM OF PRIVILEGE. (a) The privilege of confidentiality under this subchapter may be claimed by the patient or by a podiatrist acting on the patient's behalf. (b) A podiatrist may claim the privilege of confidentiality only on behalf of the podiatrist's patient. Th…

Sec. 202.404. EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY IN CERTAIN PROCEEDINGS. (a) The privilege and confidentiality requirements under this subchapter do not apply in a court or administrative proceeding if: (1) the proceeding is brought by a patient against a podiatrist, inc…

Sec. 202.405. OTHER EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS. (a) The privilege and confidentiality requirements of this subchapter do not apply to, and a podiatrist may disclose information made confidential under this subchapter to: (1) a government agency, if: …

Sec. 202.406. CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION. (a) Consent for the release of information made confidential under this subchapter must be made in writing and signed by: (1) the patient; (2) the patient's parent or legal guardian if the patient is a minor; (3) a le…

Sec. 202.407. DISCLOSURE OF RELEASED INFORMATION. A person who receives information made confidential by this subchapter may disclose the information to another person only to the extent consistent with the authorized purposes for which consent to release the information was obta…

Sec. 202.451. DEFINITIONS. In this subchapter: (1) "Podiatric medical society or association" means a membership organization of podiatrists: (A) incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); or (B) exempt from…

Sec. 202.452. DISCLOSURE OF COMMUNICATIONS MADE TO PEER REVIEW COMMITTEE. (a) Written or oral communications made to a podiatric peer review committee and the records and proceedings of a peer review committee may be disclosed to: (1) another podiatric peer review committee; (2) …

Sec. 202.453. INFORMATION PROVIDED TO AFFECTED PODIATRIST. A podiatric peer review committee that takes action that could result in censure or suspension, restriction, limitation, or revocation of a license by the commission or executive director or a denial of a podiatrist's mem…

Sec. 202.454. CONFIDENTIALITY REQUIREMENTS. (a) Except as otherwise provided by this subchapter, the proceedings and records of a podiatric peer review committee are confidential and all communications made to a podiatric peer review committee are privileged. (b) If a court makes…

Sec. 202.455. PRIVILEGE OF CONFIDENTIALITY; WAIVER. (a) The records or determinations of a podiatric peer review committee or communications made to a committee are not subject to subpoena or discovery and are not admissible as evidence in a civil or administrative proceeding unl…

Sec. 202.456. IMMUNITY. (a) Except for an action involving fraud, conspiracy, or malice, a podiatric peer review committee is immune from liability and may not be subject to a suit for damages for any act arising from the performance of the committee's duties in: (1) investigatin…

Sec. 202.457. CLAIMS FOR DEFENSE COSTS. A podiatric peer review committee, a person participating in peer review, or another entity named as a defendant in a civil action filed as a result of the defendant's participation in peer review may file a counterclaim in the pending acti…

Sec. 202.501. DISCIPLINARY POWERS; ADMINISTRATIVE PROCEDURE. (a) The commission or executive director shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for violating the law regulating the practice of po…

Sec. 202.5015. CERTAIN CONDUCT CONSTITUTING CHAPTER VIOLATION. A license holder who engages in conduct described by Section 202.253 violates this chapter. Added by Acts 2001, 77th Leg., ch. 1259, Sec. 2, eff. Sept. 1, 2001.

Sec. 202.502. REVOCATION AND SUSPENSION OF LICENSE FOR DRUG-RELATED FELONY CONVICTION. (a) The commission or executive director shall suspend a person's license after an administrative hearing conducted in accordance with Chapter 2001, Government Code, in which the commission or …

Sec. 202.503. PROBATION. (a) The commission or executive director may probate an order revoking a podiatrist's license conditioned on the podiatrist conforming to any order or rule the commission adopts as the condition of probation. The commission or executive director, at the t…

Sec. 202.504. REISSUANCE OF LICENSE. (a) On application, the department may reissue a license to practice podiatry to a person whose license has been revoked or suspended. (b) A person whose license has been revoked may not apply for a reissued license before the first anniversar…

Sec. 202.505. REEXAMINATION IF LICENSE SUSPENDED OR REVOKED. The department may refuse to reinstate a license or to issue a new license until a podiatrist has passed the regular license examination if the commission or executive director suspended or revoked the license for: (1) …

Sec. 202.506. APPLICATION TO CERTAIN DRUG OFFENSES. A person convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.033, Health and Safety Code, is not eligible for: (1) probation of a license suspension or revocation under Section 202.503; or (2) …

Sec. 202.5071. SUBPOENA AUTHORITY. The department may issue a subpoena as provided by Section 51.3512. Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 53, eff. September 1, 2017.

Sec. 202.509. CONFIDENTIALITY AND DISCLOSURE OF INVESTIGATIVE INFORMATION. (a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.008(2), eff. September 1, 2019. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.008(2), eff. September 1, 2…

Sec. 202.602. MONITORING AND INSPECTION OF LICENSE HOLDER. (a) The department shall develop a system to identify and monitor a podiatrist's compliance with this chapter and any order issued by the commission or executive director under this chapter. (b) The department, during rea…

Sec. 202.603. PROSECUTION OF VIOLATION. The department shall take action to ensure the prosecution of each person who violates this chapter and may incur reasonably necessary related expenses. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2017, 85th …

Sec. 202.604. CIVIL PENALTY: USE OF TRADE NAME; INJUNCTION. (a) A person who violates Section 202.352 or a rule adopted or a determination made by the commission under that section is subject to a civil penalty of not less than $50 or more than $500 for each day of violation. (b)…

Sec. 202.605. GENERAL CRIMINAL PENALTY: PRACTICING WITHOUT LICENSE. (a) A person commits an offense if the person professes to be a podiatrist or practices or assumes the duties incident to the practice of podiatry without holding a license to practice podiatry. (b) An offense un…

Sec. 202.606. CRIMINAL PENALTY: AMPUTATION OF FOOT. (a) A podiatrist commits an offense if the podiatrist amputates a human foot. (b) An offense under this section is punishable by: (1) a fine of not less than $100 or more than $500; (2) confinement in the county jail for not les…

Sec. 203.001. SHORT TITLE. This chapter may be cited as the Texas Midwifery Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.