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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES

CHAPTER 202. PODIATRISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 202.001. DEFINITIONS. (a) In this chapter:

(1) "Board" means the Texas State Board of Podiatric Medical

Examiners.

(2) "Executive director" means the employee of the board who

manages the board's day-to-day operations.

(3) "Podiatrist" means a person who:

(A) is licensed under this chapter to practice podiatry and who

directly or indirectly charges money or other compensation for

podiatric services; or

(B) publicly professes or claims to be a podiatrist, foot

specialist, or doctor or uses any title, degree, letter,

syllable, or word that would lead the public to believe that the

person is a practitioner authorized to practice or assume the

duties incident to the practice of podiatry.

(4) "Podiatry" means the treatment of or offer to treat any

disease, disorder, physical injury, deformity, or ailment of the

human foot by any system or method. The term includes podiatric

medicine.

(b) In the laws of this state:

(1) "chiropody" means podiatry; and

(2) "chiropodist" means podiatrist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.002. APPLICATION OF SUNSET ACT. The Texas State Board

of Podiatric Medical Examiners is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the board is abolished

September 1, 2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 1, eff. September 1, 2005.

Sec. 202.003. APPLICATION OF CHAPTER. (a) This chapter does

not apply to:

(1) a physician licensed by the Texas State Board of Medical

Examiners;

(2) a surgeon of the United States Army, United States Navy, or

United States Public Health Service, when performing that

person's official duties; or

(3) a bona fide member of an established church in ministering

or offering to minister to the sick or suffering by prayer, as

set forth in the principles, tenets, or teachings of the church

of which the person is a bona fide member.

(b) This chapter does not prohibit the recommendation,

advertising, or sale of corrective shoes, arch supports or

similar mechanical appliances, or foot remedies by a

manufacturer, wholesaler, or retail dealer.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS

Sec. 202.051. BOARD MEMBERSHIP. (a) The Texas State Board of

Podiatric Medical Examiners consists of nine members appointed by

the governor as follows:

(1) six members who are reputable practicing podiatrists who

have resided in this state and have been actively engaged in the

practice of podiatry for the five years preceding appointment;

and

(2) three members who represent the public.

(b) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 2, eff. September 1, 2005.

Sec. 202.052. OATH OF OFFICE. Before entering office, a board

member shall qualify for office by filing with the secretary of

state the constitutional oath taken by the board member.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not

eligible for appointment as a public member of the board if the

person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of health care;

(2) is employed by or participates in the management of a

business entity or other organization regulated by the board or

receiving funds from the board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the board or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.054. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board and may not be a

board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of health

care.

general counsel to the board if the person is required to

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 3, eff. September 1, 2005.

Sec. 202.055. TERMS. Members of the board serve staggered

six-year terms. At the expiration of the term of each member, the

governor shall appoint a successor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.056. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 202.051 or 202.053;

(2) does not maintain during service on the board the

qualifications required by Section 202.051 or 202.053;

(3) is ineligible for membership under Section 202.054;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by a majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that the action is taken when a ground for removal of a

board member exists.

ground for removal exists, the executive director shall notify

the president of the board of the potential ground. The

president shall then notify the governor and the attorney general

that a potential ground for removal exists. If the potential

ground for removal involves the president, the executive director

shall notify the next highest ranking officer of the board, who

shall then notify the governor and the attorney general that a

potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 4, eff. September 1, 2005.

Sec. 202.057. PER DIEM; REIMBURSEMENT. (a) Each board member

is entitled to a per diem as set by legislative appropriation for

each day the member engages in the business of the board.

(b) A member may receive reimbursement for travel expenses,

including expenses for meals, lodging, and transportation, as

prescribed by the General Appropriations Act.

the secretary's necessary expenses incurred in the performance of

services for the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 5, eff. September 1, 2005.

Sec. 202.058. OFFICERS. (a) The governor shall designate a

member of the board as the president of the board to serve in

that capacity at the pleasure of the governor.

(b) At the first regular scheduled meeting of each biennium, the

board shall elect from its members a vice president and

secretary.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 6, eff. September 1, 2005.

Sec. 202.059. MEETINGS. (a) The board shall hold regular

meetings at least twice a year and special meetings as necessary.

The board shall hold the meetings at times and places the board

considers most convenient for applicants for license

examinations.

(b) A special meeting shall be held on the call of the president

or on the request of a majority of board members.

members present may adjourn from day to day until a quorum is

present.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.060. LOCATION OF OFFICES. The board shall maintain

offices in Austin.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.061. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the board may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the board until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) this chapter and the programs, functions, rules, and budget

of the board;

(2) the results of the most recent formal audit of the board;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(4) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 7, eff. September 1, 2005.

SUBCHAPTER C. BOARD PERSONNEL

Sec. 202.101. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly separate the

policymaking responsibilities of the board and the management

responsibilities of the executive director and the staff of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 8, eff. September 1, 2005.

Sec. 202.102. QUALIFICATIONS AND STANDARDS OF CONDUCT. The

board shall provide, as often as necessary, to its members and

employees information regarding their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee

shall develop an intra-agency career ladder program. The program

must require intra-agency posting of all non-entry-level

positions concurrently with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations based on

measurable job tasks. All merit pay for board employees must be

based on the system established under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive director's designee shall

prepare and maintain a written policy statement to assure

implementation of an equal employment opportunity program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion of personnel, that are in compliance with Chapter 21,

Labor Code;

(2) a comprehensive analysis of the board workforce that meets

federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the board workforce of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD POWERS AND DUTIES

Sec. 202.151. GENERAL RULEMAKING AUTHORITY. The board shall

adopt reasonable or necessary rules and bylaws consistent with

the law regulating the practice of podiatry, the law of this

state, and the law of the United States to govern:

(1) its proceedings and activities;

(2) the regulation of the practice of podiatry; and

(3) the enforcement of the law regulating the practice of

podiatry.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.152. RULES REGARDING ADVERTISING AND COMPETITIVE

BIDDING. (a) The board may not adopt rules restricting

advertising or competitive bidding by a person regulated by the

board except to prohibit false, misleading, or deceptive

practices by the person.

(b) The board may not include in its rules to prohibit false,

misleading, or deceptive practices by a person regulated by the

board a rule that:

(1) restricts the person's use of any medium for advertising;

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the person's advertisement under a trade name.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.1525. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

(a) The board shall adopt rules necessary to comply with Chapter

53.

(b) In its rules under this section, the board shall list the

specific offenses for which a conviction would constitute grounds

for the board to take action under Section 53.021.

Added by Acts 2005, 79th Leg., Ch.

26, Sec. 9, eff. September 1, 2005.

Sec. 202.153. FEES. (a) The board by rule shall establish fees

in amounts reasonable and necessary to cover the cost of

administering this chapter. The board may not set a fee that

existed on September 1, 1993, in an amount less than the amount

of that fee on that date.

(b) The board may not maintain unnecessary fund balances, and

fee amounts shall be established in accordance with this

requirement.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.154. COMMITTEES. The board may appoint committees from

its own membership. The duties of a committee are to:

(1) consider matters relating to the enforcement of the law

regulating the practice of podiatry and the rules adopted in

accordance with that law as referred to the committee; and

(2) make recommendations to the board with respect to the

enforcement of those matters.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.1545. ADVISORY COMMITTEE MEMBERSHIP. (a) This section

does not apply to a committee created under Section 202.154

exclusively composed of board members.

(b) A board member is not eligible to serve as a voting member

on a task force or advisory committee that makes recommendations

to the board.

Added by Acts 2005, 79th Leg., Ch.

26, Sec. 10, eff. September 1, 2005.

Sec. 202.155. CONTRACTS WITH OTHER STATE AGENCIES. The board

may contract with the Texas State Board of Medical Examiners or

any other appropriate state agency to provide some or all of the

services necessary to carry out the board's activities.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.156. BOARD RECORDS. (a) The board shall keep correct

records of the board's proceedings and of all money received or

spent by the board. The records shall be open to public

inspection at all reasonable times. The records must include:

(1) a record of proceedings relating to the examination of

license applicants;

(2) a record of proceedings relating to the issuance, renewal,

or refusal of a license, including information on whether an

application was rejected or granted;

(3) the name, age, and known place of residence of each

applicant for a license or license renewal;

(4) the name and location of the college of podiatry from which

each license applicant holds credentials and the time devoted by

the applicant to the study and practice of podiatry; and

(5) any other information the board desires to record.

(b) Each license and annual renewal certificate issued by the

board must be numbered and recorded in a book kept by the board.

matter contained in the record.

(d) A certified copy of a record, under the hand and seal of the

custodian of records of the board, is admissible as evidence in

all courts.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.157. BOARD PROCEEDINGS. (a) The board is not bound by

the strict rules of procedure or by the laws of evidence in the

conduct of its proceedings, but a board determination must be

founded on legal evidence sufficient to sustain it.

(b) Each order of the board is prima facie valid.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.158. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

by rule shall:

(1) adopt a form to standardize information concerning

complaints made to the board; and

(2) prescribe information to be provided to a person when the

person files a complaint with the board.

(b) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.159. ANNUAL REPORT REGARDING FUNDS. (a) The board

shall file annually with the governor and the presiding officer

of each house of the legislature a complete and detailed written

report accounting for all funds received and disbursed by the

board during the preceding fiscal year.

(b) The report must be in the form and reported in the time

provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At least

once each biennium, the board shall provide to license holders

information on:

(1) prescribing and dispensing pain medications, with particular

emphasis on Schedule II and Schedule III controlled substances;

(2) abusive and addictive behavior of certain persons who use

prescription pain medications;

(3) common diversion strategies employed by certain persons who

use prescription pain medications, including fraudulent

prescription patterns; and

(4) the appropriate use of pain medications and the differences

between addiction, pseudo-addiction, tolerance, and physical

dependence.

Added by Acts 2003, 78th Leg., ch. 1163, Sec. 2, eff. Sept. 1,

2003.

Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board

shall provide to license holders information regarding the

services provided by poison control centers.

Added by Acts 2003, 78th Leg., ch. 1163, Sec. 2, eff. Sept. 1,

2003.

Sec. 202.162. USE OF TECHNOLOGY. The board shall implement a

policy requiring the board to use appropriate technological

solutions to improve the board's ability to perform its

functions. The policy must ensure that the public is able to

interact with the board on the Internet.

Added by Acts 2005, 79th Leg., Ch.

26, Sec. 11, eff. September 1, 2005.

Sec. 202.163. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION PROCEDURES. (a) The board shall develop and

implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., Ch.

26, Sec. 11, eff. September 1, 2005.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 202.201. PUBLIC INTEREST INFORMATION. (a) The board shall

prepare information of public interest describing the functions

of the board and the board's procedures by which complaints are

filed with and resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.202. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notification:

(1) on each registration form, application, brochure, or written

contract for services of a person regulated under this chapter;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for service provided by a person regulated by the

board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

procedures for complaint investigation and resolution.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 12, eff. September 1, 2005.

Sec. 202.203. COMPLAINT RECORDS. (a) The board shall maintain

a system to promptly and efficiently act on complaints filed with

the board. The board shall maintain information about parties to

the complaint, the subject matter of the complaint, a summary of

the results of the review or investigation of the complaint, and

the disposition of the complaint.

(b) The board shall periodically notify the complaint parties of

the status of the complaint until final disposition unless the

notification would jeopardize an undercover investigation. The

board may provide a copy of the complaint to the license holder

unless providing a copy would jeopardize an investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.052(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 13, eff. September 1, 2005.

Sec. 202.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt rules concerning the

investigation of a complaint filed with the board. The rules

adopted under this subsection must:

(1) distinguish between categories of complaints;

(2) ensure that complaints are not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of an investigator and the procedures for

the board to obtain the services of an investigator, including a

private investigator.

(b) The board shall:

(1) dispose of all complaints in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint that is under the control of the board not later than

the 30th day after the date the board receives the complaint.

requirements for the complaint. The board shall notify each party

to the complaint of the change in the schedule not later than the

seventh day after the date the change is made.

(d) The executive director shall notify the board of a complaint

that is not resolved within the time prescribed by the board for

resolving the complaint so that the board may take necessary

action on the complaint.

(e) An investigator whose service is obtained by the board in an

investigation under this section is immune from suit and

liability for:

(1) holding an informal conference to determine the facts of the

complaint;

(2) testifying at a hearing regarding the investigation;

(3) issuing an opinion on or making a report about:

(A) a person who files a complaint under this chapter or

requests the services of the board;

(B) a podiatrist; or

(4) investigating a complaint filed with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1259, Sec. 1, eff. Sept. 1,

2001.

Sec. 202.205. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English can be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. LICENSE REQUIREMENTS

Sec. 202.251. LICENSE REQUIRED. A person may not practice

podiatry or hold the person out as a podiatrist unless the person

is licensed under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.252. LICENSE APPLICATION. (a) A person who desires to

practice podiatry in this state shall apply in writing to the

board for a license on a form prescribed by the board.

(b) The applicant shall submit any information reasonably

required by the board, including evidence satisfactory to the

board that the applicant:

(1) is at least 21 years of age;

(2) is of good moral character;

(3) has completed at least 90 semester hours of college courses

acceptable at the time of completion for credit toward a

bachelor's degree at The University of Texas;

(4) is a graduate of a reputable school of podiatry or

chiropody; and

(5) has successfully completed any other course of training

reasonably required by board rule relating to the safe care and

treatment of patients.

submitted in the application.

(d) The applicant shall establish that the applicant graduated

from a reputable school of podiatry or chiropody by furnishing a

diploma from that school.

(e) All educational attainments or credits for evaluation under

this chapter must be completed within the United States. The

board may not accept educational credits attained in a foreign

country that are not acceptable to The University of Texas for

credit toward a bachelor's degree.

(f) For purposes of this section, a podiatry or chiropody school

is reputable if:

(1) the course of instruction consists of four terms of

approximately eight months each, or the substantial equivalent;

and

(2) the school is approved by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE. (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

(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;

(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.

(b) In enforcing Subsection (a)(15), the board, on probable

cause, shall request the affected podiatrist to submit to a

mental or physical examination by a physician designated by the

board. If the podiatrist refuses to submit to the examination,

the board shall issue an order requiring the podiatrist to show

cause why the podiatrist will not submit to the examination and

shall schedule a hearing on the order not later than the 30th day

after the date notice is served on the podiatrist. The podiatrist

shall be notified by either personal service or certified mail

with return receipt requested.

may present testimony and other evidence to show why the

podiatrist should not be required to submit to the examination.

After a complete hearing, the board shall issue an order either

requiring the podiatrist to submit to the examination or

withdrawing the request for examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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 board. Each

applicant shall pay to the board an examination fee at least 15

days before the date of the scheduled examination.

(b) The board may adopt and enforce rules of procedure for

administering this section. A public board member may not

participate in any part of the examination process for applicants

for a license issued by the board that requires knowledge of the

practice of podiatry.

practical component. The board shall determine the passing score

for the examination using accepted criterion-referenced methods.

The board shall have the examination validated by an independent

testing professional.

(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.

(e) The board shall determine the credit to be given on the

examination answers. The discretion of the board on the

examination is final.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.255. EXAMINATION RESULTS. (a) The board shall notify

each examinee of the results of the examination not later than

the 30th day after the date a licensing examination is

administered under this chapter. If an examination is graded or

reviewed by a national testing service, the board shall notify

each examinee of the results of the examination not later than

the 14th day after the date the board receives the results from

the testing service.

(b) If the notice of examination results graded or reviewed by a

national testing service will be delayed for longer than 90 days

after the examination date, the board shall notify each examinee

of the reason for the delay before the 90th day.

examination, the board shall provide to the person an analysis of

the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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 Section

202.254(d).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.257. ISSUANCE OF LICENSE. The board 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.

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. TEMPORARY LICENSE. (a) The board by rule may

adopt a procedure for the issuance of a temporary license to an

applicant other than an applicant for a provisional license under

Section 202.260.

(b) Rules adopted under this section must establish:

(1) the criteria for issuance of a temporary license; and

(2) a maximum period during which a temporary license is valid.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.260. PROVISIONAL LICENSE. (a) On application, the

board shall grant a provisional license to practice podiatry to

an applicant who:

(1) is licensed in good standing as a podiatrist in another

state that has licensing requirements that are substantially

equivalent to the requirements of this chapter;

(2) has passed a national or other examination recognized by the

board relating to the practice of podiatry; and

(3) is sponsored by a person licensed under this chapter with

whom the provisional license holder may practice under this

section.

(b) The board may excuse an applicant for a provisional license

from the requirement of Subsection (a)(3) if the board determines

that compliance with that subsection constitutes a hardship to

the applicant.

approves or denies the provisional license holder's application

for a license. Except as provided by Subsection (e), the board

shall issue a license under this chapter to the holder of a

provisional license under this section if:

(1) the provisional license holder passes the examination

required by Section 202.254;

(2) the board verifies that the provisional license holder has

the academic and experience requirements for a license under this

chapter; and

(3) the provisional license holder satisfies any other license

requirements under this chapter.

(d) The board shall complete the processing of a provisional

license holder's application for a license not later than the

180th day after the date the provisional license is issued. The

board may extend that deadline to allow for the receipt of

pending examination results.

(e) A provisional license holder is not required to pass a part

of an examination related to the testing of clinical skills that

an applicant for an original license under this chapter with

substantially equivalent experience is not required to pass.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 14, eff. September 1, 2005.

Sec. 202.261. LIMITED LICENSE FOR PODIATRY FACULTY MEMBERS. (a)

The board 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 serving as a full-time member of the faculty of

an educational institution in this state offering an approved or

accredited course of study or training leading to a degree in

podiatry;

(2) is licensed to practice podiatry in another state that has

licensing requirements substantially equivalent to those

established by this state; and

(3) otherwise satisfies the requirements of Section 202.252.

(b) For purposes of Subsection (a)(1), a course of study,

training, or education is considered to be approved or accredited

if it is approved or accredited by the board as constituting a

reputable course of study, training, or education. In deciding

whether to approve or accredit a course of study, training, or

education, the board shall consider whether the course is

approved or accredited by the Council on Podiatric Medical

Education of the American Podiatric Medical Association or its

successor organization.

license under this section must comply with all application,

license, and license renewal requirements relating to podiatry

and is subject to all laws relating to the practice of podiatry.

(d) A license issued under this section permits the practice of

podiatry only for purposes of instruction in the educational

institution.

(e) A license issued under this section terminates when the

faculty appointment of a podiatrist licensed under this section

is terminated. This section does not:

(1) prohibit the podiatrist from applying for and obtaining a

license; or

(2) affect a license obtained by the podiatrist by complying

with Section 202.254 and other applicable laws relating to the

practice of podiatry.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.262. DISPLAY OF LICENSE. (a) A person licensed under

this chapter must conspicuously display both the license and an

annual renewal certificate for the current year of practice at

the location where the person practices.

(b) The person shall exhibit the license and renewal certificate

to a board representative on the representative's official

request for examination or inspection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.263. ISSUANCE OF DUPLICATE OR AMENDED LICENSE. (a) If

a license issued by the board is lost, destroyed, or stolen from

the person to whom it was issued, the license holder shall report

the fact to the board in an affidavit. The affidavit must include

detailed information as to the loss, destruction, or theft,

giving dates, place, and circumstances.

(b) A license holder may apply to the board for an amended

license because of a lawful change in the person's name or degree

designation or for any other lawful and sufficient reason. The

license holder must state the reasons that the issuance of an

amended license is requested.

application by a license holder and payment of a fee set by the

board for the duplicate or amended license. The board may not

issue a duplicate or amended license unless:

(1) the license holder submits sufficient evidence to prove the

license has been lost, destroyed, or stolen or establishes the

lawful reason that an amended license should be issued; and

(2) the board's records show a license had been issued and was

in effect at the time of the loss, destruction, or theft or on

the date of the request for an amended license.

(d) If an amended license is issued, the license holder shall

return the original license to the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.264. INACTIVE STATUS. The board by rule may provide

for the license of a person under this chapter to be placed on

inactive status. Rules adopted under this section must include a

time limit for a license to remain on inactive status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE RENEWAL

Sec. 202.301. ANNUAL LICENSE RENEWAL. (a) The board by rule

may adopt a system under which licenses expire on various dates

during the year, and the dates for sending notice that payment is

due and dates of suspension, revocation, and assessment of a

penalty for nonpayment shall be adjusted accordingly. For the

year in which the license renewal date is changed, license fees

payable on November 1 shall be prorated on a monthly basis so

that each license holder shall pay only that portion of the

license fee that is allocable to the number of months during

which the license is valid. On renewal of the license on the new

expiration date, the total license renewal fee is payable.

(b) At least 30 days before the expiration of a person's

license, the board shall send written notice of the impending

license expiration to the person at the person's last known

address according to the board's records.

the required renewal fee to the board before the expiration date

of the license.

(d) A person whose license has been expired for 90 days or less

may renew the license by paying to the board a fee equal to 1-1/2

times the required renewal fee. If a license has been expired

for more than 90 days but less than one year, the person may

renew the license by paying to the board a fee equal to two times

the required renewal fee.

(e) If a person's license has been expired for one year or

longer, the person may not renew the license. The person may

obtain a new license by submitting to reexamination and complying

with the requirements and procedures for obtaining an original

license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 15, eff. September 1, 2005.

Sec. 202.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The board may renew without reexamination an

expired license of a person who was licensed in this state, moved

to another state, and is currently licensed and has been in

practice in the other state for the two years preceding the date

the person applied for renewal.

(b) The person must pay to the board a fee equal to the amount

charged for renewal of the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

26, Sec. 16, eff. September 1, 2005.

Sec. 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person who

practices podiatry without an annual renewal certificate for the

current year 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. 1, eff. Sept. 1, 1999.

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 annual

renewal certificate has expired, while the podiatrist has been:

(1) engaged in federal service or on active duty with:

(A) the United States Army;

(B) the United States Navy;

(D) the United States Coast Guard; or

(E) the United States Air Force;

(2) called into service or training of the United States; or

(3) in training or education under the supervision of the United

States before induction into military service.

(b) A podiatrist subject to this section may renew the

podiatrist's license without paying a renewal fee for the expired

license or passing an examination if, not later than the first

anniversary of the date of the termination of service, training,

or education described by Subsection (a), other than by

dishonorable discharge, the podiatrist furnishes to the board an

affidavit stating that the podiatrist has been so engaged and

that the service, training, or education has terminated.

revoked under Section 202.502.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.305. CONTINUING EDUCATION. (a) The board shall

develop a mandatory continuing education program. In developing

its program, the board shall:

(1) establish by rule the minimum hours of continuing education

required for license renewal;

(2) identify the key factors that lead to the competent

performance of professional duties;

(3) develop a process to evaluate and approve continuing

education courses; and

(4) develop a process to assess the participation and

performance of license holders in continuing education courses to

enable the board to evaluate the overall effectiveness of the

program.

(b) The board may assess the continuing education needs of a

license holder and require the license holder to attend

continuing education courses specified by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. PRACTICE BY LICENSE HOLDER

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., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 202.352. BOARD APPROVAL OF NAMES UNDER WHICH PODIATRIST MAY

PRACTICE. (a) The board 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 board may also establish procedures to

review and make determinations approving or disapproving a

specific name submitted to the board by one or more podiatrists

desiring to practice under a particular name.

(b) The authority granted to the board by this section includes

any form of business organization under which a podiatrist

conducts a practice, including:

(1) a sole proprietorship;

(2) an association;

(3) a partnership;

(4) a professional corporation;

(5) a clinic;

(6) a health maintenance organization; and

(7) a group practice with a practitioner of another branch of

the healing art.

any name, including a trade name or assumed name, unless the name

is in compliance with the applicable rules adopted or

determinations made under this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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 board the information specified

in Subsection (b) relating to:

(1) a notice of claim letter or a complaint filed against the

insured in a court, if the notice of claim letter or the

complaint seeks the recovery of damages based on the insured's

conduct in providing or failing to provide medical or health care

services; or

(2) a settlement of a claim or other legal action made by the

insurer on behalf of the insured.

(b) The insurer shall furnish the following information not

later than the 30th day after the date the insurer receives the

notice of claim letter or complaint against the insured:

(1) the name of the insured;

(2) the number of the insured's license to practice podiatry in

this state;

(3) the insured's insurance policy number; and

(4) a copy of the notice of claim letter or complaint.

by professional liability insurance or is insured by an insurer

who is not authorized to write professional liability insurance

for podiatrists in this state, the affected podiatrist shall

submit information to the board relating to any malpractice

action brought against that podiatrist. The podiatrist shall

submit the information as required by rules adopted by the board

under Subsections (d)-(f).

(d) In consultation with the commissioner of insurance, the

board shall adopt rules for reporting the information required

under Subsections (a) and (b) and any additional information

required by the board.

(e) The board shall consider other claim reports required under

state or federal law in determining:

(1) any additional information to be reported;

(2) the form of the report; and

(3) reasonable reporting intervals.

(f) The board may require additional information, including:

(1) the date of a judgment, dismissal, or settlement of a

malpractice action;

(2) whether an appeal has been taken and the identity of the

party appealing; and

(3) the amount of any judgment or settlement.

(g) An insurer, an agent or employee of the insurer, a board

member, or an employee or representative of the board is not

liable or subject to a cause of action for an action taken as

required under this section.

(h) A report or information submitted to the board under this

section or the fact that a report or information has been

submitted may not be offered in evidence or in any manner used in

the trial of an action brought against a podiatrist based on the

podiatrist's conduct in providing or failing to provide medical

or health care services.

(i) The board shall review the information relating to a

podiatrist against whom three or more malpractice claims have

been reported during any five-year period in the same manner as

if a complaint against that podiatrist had been made to the board

under Subchapter E.

(j) The commissioner of insurance may impose the sanctions

authorized by Chapter 82, Insurance Code, against an insurer

subject to this section who fails to report as prescribed by this

section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.544, eff.

Sept. 1, 2003.

SUBCHAPTER I. PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS

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. 388, Sec. 1, eff. Sept. 1, 1999.

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, diagnosis, evaluation, or treatment

of a patient by a podiatrist that are created or maintained by a

podiatrist are confidential and privileged and may not be

disclosed except as provided by this subchapter.

communications or podiatric records, other than a person listed

under Section 202.405 or 202.406 who is acting on the patient's

behalf, may not disclose the information except to the extent

that disclosure is consistent with the authorized purposes for

which the information was first obtained.

(d) The prohibitions of this section continue to apply to

confidential communications or records concerning a patient

without regard to when the patient received the services of a

podiatrist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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. The authority to claim the

privilege is presumed in the absence of evidence to the contrary.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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,

including a malpractice proceeding, a criminal proceeding, or a

license revocation proceeding in which the patient is a

complaining witness and in which disclosure is relevant to the

claims or defense of a podiatrist;

(2) a patient or a person authorized to act on the patient's

behalf submits written consent to the release of confidential

information, as provided by Section 202.406; or

(3) the purpose of the proceeding is to substantiate and collect

on a claim for podiatric services provided to a patient.

(b) The privilege and confidentiality requirements under this

subchapter do not apply in a civil litigation or administrative

proceeding brought by a patient or a person authorized to act on

the patient's behalf if the plaintiff is attempting to recover

monetary damages for a physical or mental condition, including

the patient's death. Information that is otherwise confidential

under this subchapter is discoverable in a court or

administrative proceeding in this state if the information is

relevant to the proceeding and the court or administrative body

has jurisdiction over the subject matter under the applicable

rules of procedure specified for that matter.

subchapter do not apply in a disciplinary investigation or

proceeding against a podiatrist conducted under this chapter.

(d) The privilege and confidentiality requirements under this

subchapter do not apply in a criminal investigation of or

criminal proceeding against a podiatrist in which the board is

participating or assisting by providing certain records obtained

from the podiatrist. This subsection does not authorize the

release of any confidential information to instigate or

substantiate criminal charges against a patient.

(e) The board shall protect the identity of a patient whose

podiatric records are examined or provided under Subsection (c)

or (d), other than a patient who:

(1) is covered under Subsection (a)(1); or

(2) has submitted written consent to the release of the

patient's podiatric records as provided by Section 202.406.

(f) The privilege and confidentiality requirements under this

subchapter do not apply in a criminal prosecution in which the

patient is a victim, witness, or defendant. Records or

communications are not discoverable under this subsection until

the court in which the prosecution is pending makes an in camera

determination as to the relevancy of the records or

communications or part of the records or communications. The

court's determination does not constitute a determination as to

the admissibility of the records or communications or part of the

records or communications.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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:

(A) the disclosure is required or permitted by law; and

(B) the agency protects the identity of a patient whose

podiatric records are examined;

(2) medical or law enforcement personnel, if the podiatrist

determines that there is a probability of:

(A) imminent physical injury to the patient, the podiatrist, or

another person; or

(B) immediate mental or emotional injury to the patient;

(3) qualified personnel for a management audit, financial audit,

program evaluation, or research;

(4) a person who presents the written consent of the patient or

a person authorized to act on the patient's behalf for the

release of confidential information, as provided by Section

202.406;

(5) an individual, corporation, or governmental entity involved

in the payment or collection of fees for services provided by a

podiatrist; or

(6) another podiatrist and a person under the direction of the

podiatrist who is participating in the diag