Bill Text: TX SB1264 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to the practice of podiatry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-23 - Referred to Finance [SB1264 Detail]

Download: Texas-2011-SB1264-Introduced.html
  82R9345 JAM-F
 
  By: Uresti S.B. No. 1264
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the practice of podiatry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 202.001(a)(4), Occupations Code, is
  amended to read as follows:
               (4)  "Podiatry" means the treatment of or offer to
  treat any disease, disorder, physical injury, deformity, or ailment
  of the human foot and ankle by any system or method. The term
  includes podiatric medicine.
         SECTION 2.  Section 202.253(a), Occupations Code, is amended
  to read as follows:
         (a)  The board may refuse to admit a person to an
  examination, and may refuse to issue a license to practice podiatry
  to a person, for:
               (1)  presenting to the board a license, certificate, or
  diploma that was illegally or fraudulently obtained or engaging in
  fraud or deception in passing the examination;
               (2)  being convicted of:
                     (A)  a felony;
                     (B)  a crime that involves moral turpitude; or
                     (C)  an offense under Section 202.606;
               (3)  engaging in habits of intemperance or drug
  addiction that in the board's opinion would endanger the health,
  well-being, or welfare of patients;
               (4)  engaging in grossly unprofessional or
  dishonorable conduct of a character that in the board's opinion is
  likely to deceive or defraud the public;
               (5)  directly or indirectly violating or attempting to
  violate this chapter or a rule adopted under this chapter as a
  principal, accessory, or accomplice;
               (6)  using any advertising statement of a character
  tending to mislead or deceive the public;
               (7)  advertising professional superiority or the
  performance of professional service in a superior manner;
               (8)  purchasing, selling, bartering, or using or
  offering to purchase, sell, barter, or use a podiatry degree,
  license, certificate, diploma, or a transcript of a license,
  certificate, or diploma, in or incident to an application to the
  board for a license to practice podiatry;
               (9)  altering, with fraudulent intent, a podiatry
  license, certificate, diploma, or a transcript of a podiatry
  license, certificate, or diploma;
               (10)  using a podiatry license, certificate, or
  diploma, or a transcript of a podiatry license, certificate, or
  diploma, that has been fraudulently purchased, issued,
  counterfeited, or materially altered;
               (11)  impersonating, or acting as proxy for, another
  person in a podiatry license examination;
               (12)  impersonating a license holder, or permitting
  another person to use the license holder's license to practice
  podiatry in this state, to treat or offer to treat, by any method,
  conditions and ailments of human feet and ankles;
               (13)  directly or indirectly employing a person whose
  license to practice podiatry has been suspended or associating in
  the practice of podiatry with a person whose license to practice
  podiatry has been suspended or who has been convicted of the
  unlawful practice of podiatry in this state or elsewhere;
               (14)  wilfully making in the application for a license
  to practice podiatry a material misrepresentation or material
  untrue statement;
               (15)  being unable to practice podiatry with reasonable
  skill and safety to a patient because of age, illness, drunkenness,
  or excessive use of drugs, narcotics, chemicals, or other
  substances or as a result of a mental or physical condition;
               (16)  failing to practice podiatry in an acceptable
  manner consistent with public health and welfare;
               (17)  being removed, suspended, or disciplined in
  another manner by the podiatrist's peers in a professional podiatry
  association or society, whether local, regional, state, or national
  in scope, or being disciplined by a licensed hospital or the medical
  staff of a hospital, including removal, suspension, limitation of
  hospital privileges, or other disciplinary action, if the board
  determines that the action was:
                     (A)  based on unprofessional conduct or
  professional incompetence likely to harm the public; and
                     (B)  appropriate and reasonably supported by
  evidence submitted to the association, society, hospital, or
  medical staff; or
               (18)  having repeated or recurring meritorious health
  care liability claims filed against the podiatrist that in the
  board's opinion are evidence of professional incompetence likely to
  injure the public.
         SECTION 3.  Section 202.254(d), Occupations Code, is amended
  to read as follows:
         (d)  The examination must cover the subjects of anatomy,
  chemistry, dermatology, diagnosis, pharmacology, pathology,
  physiology, microbiology, orthopedics, and podiatry, as related to
  ailments of the human foot and ankle.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
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