The Texas Department of Licensing & Regulation (TDLR) licenses and regulates several different licensed occupations. Recently, TDLR adopted amendments to podiatrist rules and implemented licensing process updates. By keeping up to date with changes in the rules that govern your profession, you will be better positioned to avoid disciplinary issues with TDLR.
As a part of its duties, TDLR receives, processes, and investigates complaints against podiatrists. If you are the subject of a disciplinary complaint, a Texas podiatrist license defense attorney can help defend you at all stages of your disciplinary licensing proceedings. Contact the offices of Bertolino LLP today by calling (512) 515-9518 or visiting us online.
Rule Amendments for Podiatrists
TDLR adopted various amended rules, implemented new rules, and repealed rules that govern the practice of podiatry. These changes stemmed from the required four-year rule review by the Podiatric Medical Examiners Advisory Board, and in particular, its Education and Examination Workgroup. One major purpose of the changes was to reorganize and streamline the rules to make them more accessible and easier to understand. However, other changes relate to the profession’s substantive and procedural rules.
For instance, 16 Tex. Admin. Code §130.31 establishes a temporary residency license for podiatry. This license is valid for one year and is limited by the Graduate Podiatric Medical Education (GPME) program for residency-based supervised patient encounters. A person with a temporary residency license must meet all residency program requirements and fulfill all other eligibility requirements to become a Doctor of Podiatric Medicine. This section also outlines requirements for residency programs and directors of residency programs.
16 Tex. Admin. Code §130.34 establishes a limited faculty license to practice podiatry for instruction in an educational institution. An individual who has not yet taken the required jurisprudence examination can obtain a limited faculty license if they serve as a full-time faculty member in an educational program designed to result in a degree in podiatry and meet certain other requirements.
Podiatric Medical Radiological Technicians
16 Tex. Admin. Code §130.35 applies only to Podiatric Medical Radiological Technicians, which includes Podiatric X-ray Machine Operators. This section establishes the eligibility requirements and increases the training necessary to work as a PMRT or PXMO. For example, a supervising podiatrist must be physically present for PMRTs or PXMOs to perform radiological procedures. They may not perform any dangerous procedures. Registrations for these positions are valid for two years if they are dated January 1, 2025, or later. Previous registrations were valid only for one year, subject to renewal of application and fee.
This section further sets forth grounds for refusing to issue or renew a license, which include the following:
- Violates or attempts to violate the Podiatric Medical Practice Act of Texas, the rules, an order of the executive director or commission previously entered in a disciplinary proceeding, or an order to comply with a subpoena issued by the department;
- Violates or attempts to violate the Medical Radiologic Technologist Certification Act or the rules promulgated by the Texas Medical Board;
- Violates or attempts to violate the rules of the Texas Department of State Health Services for Control of Radiation, as prescribed by Health and Safety Code, Chapter 401;
- Obtains, attempts to obtain, or uses a registration by bribery or fraud;
- Engages in unprofessional conduct, including but not limited to conviction of a crime or commission of any act that violates the laws of the State of Texas if the act is connected with the provision of health care;
- Develops or has an incapacity that prevents the practice of a podiatric medical radiological technician with reasonable skill, competence, and safety to the public as a result of:
- An illness;
- Drug or alcohol dependency; or habitual use of drug or intoxicating liquors; or
- Another physical or mental condition;
- Fails to practice in an acceptable manner consistent with public health and welfare;
- Has disciplinary action been taken against a radiological certification, permit, or registration in another state or by another regulatory agency;
- Engages in acts requiring registration under these rules without a current registration from the department; or
- Has had a registration revoked, suspended, or has received disciplinary action.
Hyperbaric Oxygen Certificate
Under 16 Tex. Admin. Code §130.36, practitioners may apply for and obtain a certificate to administer hyperbaric oxygen, which is valid for two years if issued after January 1, 2025. To maintain the certification, practitioners must adhere to the following standards:
- Follow the published recommendations of the Undersea Hyperbaric Medical Society, Inc. (UHMS);
- Act within the credentials and bylaws of the hospital that operates the hyperbaric unit;
- Only practice hyperbaric oxygen in a hospital setting;
- Show evidence of attendance and successful completion of a hyperbaric medicine team training course that the UHMS recognizes;
- Only utilize hyperbaric oxygen in the treatment of the foot as recognized by the Podiatric Medical Practice Act; and
- File documentation with TDLR certifying compliance with the above requirements before administering hyperbaric oxygen.
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Other New Code Sections
16 Tex. Admin. Code §130.37 addresses the use of nitrous oxide/oxygen inhalation conscious sedation by podiatrists. This section outlines the registration requirements, guidelines, and direct supervision requirements.
16 Tex. Admin. Code §130.43 establishes the requirements for a provisional license. All individuals with this type of license must be sponsored by a licensee in the same office who provides them with direct supervision. This section explains that provisional licenses are good for 180 days or until the passage or failure of the jurisprudence examination. Individuals may renew provisional licenses up to three times. §130.44 updates continuing medical education requirements, and §130.46 establishes exceptions.
Finally, 16 Tex. Admin. Code §130.47 establishes an inactive status license, which is available upon application at no cost. Individuals with inactive status licenses may not practice podiatric medicine, and doing so is considered to be practicing podiatric medicine without a license. Individuals with inactive status licenses must renew them every two years.
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Get Legal Advice and Defend Yourself Against Disciplinary Proceedings
An experienced Texas podiatrist license defense attorney at Bertolino LLP can examine your situation, evaluate your options, and advise you on the most effective strategy for minimizing any sanctions against your license. Our goal is to put you in the best position to protect your license and career from potentially negative consequences that may result from disciplinary proceedings. Call us today at (512) 980-3751 or get more information about us online.
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