definition of the
foot in TAC 375.1, however, they are inserting NEW rule language in
TAC 375.3.
We ask that you carefully read
this information and send your comments on your clinic letterhead to
TOA before January 20th. You should address it is as below, but also
fax it in to 1-866-864-1568. We will deliver all your comments
to the TSBPME with the official TOA statement.
|
Address the letter to: |
Janie Alonzo, TSBPME
P.O. Box 12216
Austin TX 78711 |
|
|
|
|
but fax it to TOA at: |
1-866-864-1568 |
RE: TSBPME rule
amendments Part 18 TAC 375.1 and 375.3
We will log your comments, copy all documentation and forward it to
the TSBPME before the deadline. Thanks, Tim Beck
If language is
being withdrawn, you will see that item as a strike through.
If the language is underlined, it is NEW rule language.
Part 18. TEXAS
STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Chapter 375.
CONDUCT AND SCOPE OF PRACTICE
22 TAC §375.1
The Texas State Board of Podiatric
Medical Examiners proposes changes to §375.1 regarding Definitions.
The changes to §375.1 are being proposed to remove the definition of
foot which is currently found at paragraph (2). The board has
determined that the practice of podiatry can be addressed by other
sections of the rules, including §375.3, without the need for the
Board to define the term "foot" at this time.
Hemant Makan, Executive Director, has
determined that for each year for the first five years the rule is
effective, there will be no fiscal implications for state or local
government as a result of enforcing or administering the rule.
Mr. Makan has also determined that for
each year for the first five years the rule is in effect, the public
benefit anticipated as a result of adopting the changes for §375.1
will be a better understanding of the practice of podiatry and its
scope, including its limitations. There will be no cost to small
businesses, micro-businesses or individuals.
Comments on or about the proposed
changes may be submitted in writing within the 30 days after this
notice of proposed amendment appears in the
Texas Register to Janie
Alonzo, Staff Services Officer V, Texas State Board of Podiatric
Medical Examiners, P.O. Box 12216, Austin, Texas 78711-2216,
janie.alonzo@foot.state.tx.us.
The changes are being proposed under
Texas Occupations Code, §202.151, which provides the Texas State
Board of Podiatric Medical Examiners with the authority to adopt
reasonable or necessary rules and bylaws consistent with the law
regulating the practice of podiatry, the laws of this state, and the
law of the United States to govern its proceedings and activities,
the regulation of the practice of podiatry and the enforcement of
the law regulating the practice of podiatry.
The proposed changes for §375.1
implement Texas Occupations Code §202.001(a)(4).
§375.1.Definitions.
The following words and terms, when
used in this chapter, shall have the following meanings, unless the
context indicates otherwise:
(1)
Board --The Texas State
Board of Podiatric Medical Examiners.
[(2)
Foot --The foot is the
tibia and fibula in their articulation with the talus, and all bones
to the toes, inclusive of all soft tissues (muscles, nerves,
vascular structures, tendons, ligaments and any other anatomical
structures) that insert into the tibia and fibula in their
articulation with the talus and all bones to the toes.]
(2) [ (3) ]
Medical Records --Any
records, reports, notes, charts, x-rays, or statements pertaining to
the history, diagnosis, evaluation, treatment or prognosis of the
patient including copes of medical records of other health care
practitioners contained in the records of the podiatric physician to
whom a request for release of records has been made.
(3) [ (4) ]
Office --In the
singular, includes the plural.
(4) [ (5) ]
Public communication
--Any written, printed, visual, or oral statement or other
communication made or distributed, or intended for distribution, to
a member of the general public or the general public at large.
(5) [ (6) ]
Solicitation --A
private communication to a person concerning the performance of a
podiatric service for such person.
This agency hereby certifies that the
proposal has been reviewed by legal counsel and found to be within
the agency's legal authority to adopt.
Filed with the Office of the Secretary
of State on December 18, 2008.
TRD-200806585
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption:
February 1, 2009
For further information, please call: (512) 305-7000
22 TAC §375.3
The Texas State Board of Podiatric
Medical Examiners proposes the changes to §375.3 regarding General.
The changes to §375.3 are being proposed to address the practice of
podiatry and to clarify its scope, including its limitations.
Hemant Makan, Executive Director, has
determined that for each year for the first five years the rule is
effective, there will be no fiscal implications for state or local
government as a result of enforcing or administering the rule.
Mr. Makan has also determined that for
each year for the first five years the rules are in effect, the public
benefit anticipated as a result of adopting the changes for §375.3
will be to address the practice of podiatry and to clarify its scope,
including its limitations. There will be no cost to small businesses,
micro-businesses or individuals.
Comments on or about the proposed
changes may be submitted in writing, within the 30 days following the
publication of this notice of proposed amendment in the
Texas Register to Janie
Alonzo, Staff Services Officer V, Texas State Board of Podiatric
Medical Examiners, P.O. Box 12216, Austin, Texas 78711-2216,
janie.alonzo@foot.state.tx.us.
The changes are being proposed under
Texas Occupations Code, §202.151, which provides the Texas State Board
of Podiatric Medical Examiners with the authority to adopt reasonable
or necessary rules and bylaws consistent with the law regulating the
practice of podiatry, the laws of this state, and the law of the
United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating
the practice of podiatry.
The proposed change for §375.3 implements Texas Occupations Code
§202.001(a)(4) and Texas Health and Safety Code §241.101.
§375.3.General.
(a) - (b) (No change.)
(c) A licensed podiatric physician may
treat that portion of the body at or below the ankle by any system or
method.
(d) The intent §375.3(c) is to clarify
that treatment may include surgical and non-surgical procedures
performed on soft tissue structures distal to the tibial tuberosity
that affect the foot and ankle.
(e) The intent of §375.3(c) is to
clarify that this includes fractures that extend into the ankle joint.
(f) Surgical treatment of the ankle and
their governing and related structures distal to the tibial tuberosity
by a podiatric physician shall be performed only in a licensed acute
care hospital or a licensed ambulatory surgical center.
(g) A licensed podiatric physician may
perform all surgical procedures at a hospital or surgical facility
that are within the scope of practice for podiatric medicine in the
State of Texas as long as the podiatric physician is credentialed by
the hospital or surgical facility to do so. The Texas State Board
Podiatric Medical Examiners recommends individual privileging
commensurate with an individual practitioner's level of experience,
training or board certification/board eligibility.
(h) In recognition of proper practice
for public safety, a podiatric physician shall provide adequate and
appropriate services consistent with best medical practices, community
standards and the law applicable to the practice of podiatric
medicine, including the rules of the Board. The podiatric physician
shall maintain objectivity, shall respect each individual's dignity
and shall always act with integrity in providing services.
(i) The podiatric physician shall
recognize his or her individual limitations of ability and shall not
offer services outside the scope of practice, qualifications and
training or use techniques that exceed individual professional
competence. The podiatric physician shall not make any claim, directly
or by implication, of possessing professional qualifications or
affiliations that have not been attained or that are not currently
possessed.
This agency hereby certifies that the
proposal has been reviewed by legal counsel and found to be within the
agency's legal authority to adopt.
Filed with the Office of the Secretary
of State on December 18, 2008.
TRD-200806586
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption:
February 1, 2009
For further information, please call: (512) 305-7000
