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 THE
FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0485
TEXAS STATE
BOARD OF PODIATRIC MEDICAL EXAMINERS, TEXAS
PODIATRIC MEDICAL ASSOCIATION AND BRUCE A.
SCUDDAY, D.P.M. v. TEXAS ORTHOPAEDIC
ASSOCIATION, TEXAS MEDICAL ASSOCIATION, AND
ANDREW M. KANT, M.D.; from Travis County;
3rd district (03-05-00620-CV, 254 SW3d 714,
05-23-08)
Event
Information:
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Event Type: |
Petition for Review
disposed |
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Description: |
Indicates filing re Petition
for Review |
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Date: |
6/18/2010 |
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Disposition: |
Denied with Justice not
sitting. |
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Opinion Written: |
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PART 18. TEXAS STATE BOARD OF
PODIATRIC MEDICAL EXAMINERS
- April 30, Chapter 375 Page 3394
CHAPTER 375. CONDUCT AND SCOPE
OF PRACTICE
22 TAC §375.1
The Texas State Board Podiatric Medical
Examiners has proposed 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). Although this rule remains
valid while it is in litigation and the
Board's reasons and justification for
adopting the rule still exist, this change
is proposed solely due to ongoing
discussions amongst the parties to the
litigation. Those discussions are aimed at
reaching mutually agreeable language that
would also represent the current practice of
podiatric medicine. The case being litigated
is Case No. 08-0485 Texas Supreme Court -
Texas State Board of Podiatric Medical
Examiners, Texas Podiatric Medical
Association and Bruce A. Scudday, DPM v.
Texas Orthopedic Association, Texas Medical
Association, and Andrew M. Kant, MD. Apart
from a potential final decision of the Texas
Supreme Court that would completely
invalidate this rule, removal of this rule
possibly would not occur as a result of this
notice unless the discussions with the
parties to the litigation resulted in Board
adoption of a written agreement that would
justify removal of the rule.
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 §375.1
will be a better understanding of the
practice of podiatry and its scope,
including its limitations provided that the
parties to the litigation reach a written
agreement on the representation of the
current practice of podiatric medicine.
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 enforcements 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 copies 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 April 19, 2010.
TRD-201001897
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