Podiatry Penalties and Sanctions

Texas Occupations Code, Chapter 202
16 Texas Administration Code, Chapter 130
Texas Occupations Code, Chapter 51
Texas Administrative Code, Chapter 60

Class A Violations:

Penalty Range:

$500 up to $2,000

Administrative Violations

• Failed to provide the Department with practice name, corporate/trade name or assumed name to identify an individual or group with which the podiatric physician is practicing - 130.50(e)
• Failed to notify the Department of any change(s) of licensee’s practice name, corporate/trade name or assumed name or address - 130.50(e)
• Failed to notify the Department of any change of address or phone number(s) for each practitioner’s location(s) no later than ten (10) business days after the change is made - 130.52(c)
• Hyperbaric oxygen certificate holder failed to notify Department of any address change or change of hospital setting no later than ten (10) business days after the change is made - 130.47(c)
• Nitrous Oxide/Oxygen Inhalation registrant failed to notify Department of any address change no later than ten (10) business days after the change is made - 130.48(h)
• Podiatric medical radiological technician registrant failed to notify the Department of any change of address or change of supervising podiatric physician within two (2) weeks - 130.53(k)

Posting and Public Information Violations

• Failed to conspicuously display both the license and an unexpired renewal certificate at the location where the person practices - 202.262
• Failed to clearly display the hyperbaric oxygen certificate in the office alongside the original license - 130.47(d)
• Failed to clearly display the nitrous oxide/oxygen inhalation registration permit in the office - 130.48(i)
• Failed to use only the authorized designation(s) to identify podiatric physician in any publication - 130.50(a)
• Failed to use only the authorized designation(s) to identify podiatric physician’s practice in any publication - 130.50(b)
• Failed to submit publication for department approval utilizing any other designation - 130.51(c)
• Failed to conspicuously and prominently display in a location to be seen by all patients a department-approved sign or provide all patients and consumers a brochure with the name, mailing address, and telephone number of the department and a statement informing consumers or recipients of services that complaints against a licensee can be directed to the department - 130.70(a)(b) 

Advertising Without a License or Accreditation Violations

• Advertised or used terms or letters directly or by implication that a podiatry service will be provided without a license - 202.001(3); 202.251; 202.253(a-1)(6); 202.5015
• Publication failed to identify each podiatrist by name and professional identification when practicing in a group of practitioners from different branches of the healing arts - 130.50(g)
• Failed to properly advertise or publish the name of any board certification held by podiatric physician - 130.51(e)
• Listed in any advertisement or public communication any certifying board not approved or recognized by the Council on Podiatric Medical Education of the American Podiatric Medical Association - 130.51(f)

Class B Violations:

Penalty Range:

$1,000 up to $3,000 and/or up to 1-year probated suspension

Advertising Violations

• Used or participated in the use of any publication containing false, misleading or deceptive statement or claim - 130.51(a)
• Failed to retain recordings, transcripts, or copies of all public communications by date of publication for two years after the communication is made - 130.51(d)
• Publication failed to include a specific and true statement of the limits, scope and specific purpose of the technique or device when publication mentions a particular surgical technique or device - 130.51(g)

Health and Safety Violations

• Failed to maintain nitrous oxide gas machines as required - 130.48(l)
• Failed to have nitrous oxide machine service check on a three-year basis - 130.48(m)(4)
• Failed to have a method of locking the nitrous oxide tanks after business hours - 130.48(m)(5)
• Failed to have the minimum amount of treatment equipment and facilities in medical office(s) to provide the usual and customary podiatric services - 130.52(a)
• Failed to have medical office adequately staffed and equipped to ensure treatment is timely and properly administered - 130.52(b)

Administrative Violations Related to Temporary Residency Licensees

• Residency Director failed to ensure temporary residency licensees have read and understood the Act and Rules governing the practice of podiatric medicine - 130.31(b)(2)
• Residency Director failed to report a list of all residents enrolled in each program and the names of all the residents in the program within thirty (30) days after start date of the program each year - 130.31(c)

Administrative Violations

• Failed to file a current certificate of inspection of the nitrous oxide gas machine with the Department - 130.48(f)
• Failed to maintain documentation for employees who assist in the nitrous oxide/oxygen inhalation conscious sedation procedure of training in basic life support and their annual reviews of emergency protocols, contents/use of emergency equipment and basic cardiopulmonary resuscitation - 130.48(j)
• Failed to ensure course providers for podiatric medical radiological technician(s) are approved by the Texas Medical Board - 130.53(c)

Unlicensed Activity

• Practiced, attempted, offered to practice podiatry with an expired license - 202.303; 60.31(g)
• Practiced, attempted, offered to practice residency podiatry as a temporary residency licensee with an expired license - 130.31(d); 130.31(f); 60.31(g)
• Sponsor permitted provisional licensee to engage in the unauthorized practice of podiatric medicine while provisional license was expired - 130.43(d)

Class C Violations:

Penalty Range:

$2,000 up to $5,000 and/or 1-year probated suspension up to revocation

Administrative Violations

• Altered a license, certificate, diploma, or transcript - 202.253(a-1)(9); 202.5015
• Used a podiatry degree, license, certificate, diploma, or a transcript of a license, certificate, or diploma, that has been fraudulently purchased, issued, counterfeited, or materially altered - 202.253(a-1)(10); 202.5015
• Used or allowed a person to use a license or registration for any fraudulent, misleading or deceptive purpose - 202.253(a-1)(12); 202.5015
• Failed to cooperate with the Department inspector in the performance of the inspection - 202.602
• Failed or refused to provide acceptable documentation of continuing education records for renewal - 130.44(i)
• Failed to inform the patient as to the fees to be charged for services before services are performed or, in extended care cases, a fair and reasonable estimate of what the fee will be and basis on which the fee will be determined - 130.55(e)
• Practitioner improperly received or tendered a commission for a referral or failed to disclose any affiliation or remuneration that will be received for a referral - 130.55(f); Tex. Occ. Code Chapter 102
• Failed to report a professional liability claim or complaint to the department within thirty (30) days, as required - 130.70(c), (d), (e), (f)
• Failed to cooperate with the Department during an investigation of a complaint by not furnishing required documentation or responding to a request for information or a subpoena issued by the Department - 130.55(c)

Records Violations

• Residency Director failed to ensure the temporary residency licensee read and understood the Act and Rules governing the practice of podiatric medicine - 130.31(b)(2)
• Practitioner failed to make, maintain, and keep accurate records of the diagnosis made and the treatment performed for five years following the completion of treatment - 130.54(a)
• Practitioner failed to provide requested copies of medical records or a summary or narrative of the records within thirty (30) days after the date of the request - 130.54(d)
• Failed to comply with the Texas Medical Records Privacy Act - TxHSC 181

Standard of Care Violations – Related to Supervision

• Residency Director failed to ensure the temporary residency licensee is practicing within the scope of the GPME program - 130.31(b)(1)
• Residency Director failed to ensure temporary residency licensees are properly licensed prior to participation in the GPME program - 130.31(b)(3)
• Failed to continuously supervise the conscious sedation of a patient by nitrous oxide. Nitrous oxide flowing when the practitioner is not present in the patient room - 130.48(c)
• Supervising podiatrist failed to verify out of classroom training hours for podiatric medical radiological technician(s) - 130.53(e)
• Supervising practitioner failed to be physically present on the premises while podiatric medical radiological technician registrant performed radiological procedures - 130.53(g)
• Podiatric medical radiological technician registrant performed radiological procedures without a supervising podiatrist physically present on the premises - 130.53(g)

Standard of Care Violations – Related to Treatment

• Temporary residency licensee prescribed controlled substance(s) for purpose(s) outside the approved residency program - 130.31(g)
• Failed to evaluate and document patient health and medical status in the record prior to nitrous oxide/oxygen inhalation conscious sedation procedure - 130.48(k)
• Failed to properly administer nitrous oxide/oxygen inhalation conscious sedation procedure as required - 130.48(m)(1)-(4)
• Practitioner abandoned patient that was undertaken to treat - 130.55(b)
• Practitioner failed to inform the patient of the identity of the surgeon to be performing podiatric medical surgery prior to surgery - 130.55(d)
• Performed an act or omission constituting gross neglect, such as conduct involving malice, willfulness or wanton and reckless disregard of others' rights - 130.55
• Failed to inform patient in advance of beginning treatment of the nature and extent of treatment needed (Informed consent) - 130.55(e); 25TAC 601
• Delegated a medical act to an unqualified and untrained individual - 130.56(a)
• Performed an act or omission constituting malpractice/negligence by failing to perform services or provide products for which compensation has been received or failed to perform services or provide products with reasonable care, skill, expedience, and faithfulness - 130.55; 202.253(a-1)(15); 202.5015
• Billed for improper, unreasonable, or unnecessary services or services that were not provided - 202.253(a-1)(4); 202.5015; TxHSC 311.0025(a)
• Performed an act or omission constituting malpractice/negligence by failing to do that which a person or ordinary prudence would have done or would not have done under the same or similar circumstances - 130.55; 202.253(a-1)(16); 202.5015
• Failed to comply with standards for prescribing controlled substances - TxHSC Chapter 481; 130.58
• Failed to comply with standards for prescribing dangerous drugs - TxHSC Chapter 483; 130.58

Misrepresentation

• Provided false or misleading information to the Department regarding a Department inquiry of continuing medical education - 130.44(j)
• Placed or caused to be placed false, misleading or deceptive advertising - 130.51(a); 202.253(a-1)(6); 202.5015
• Advertised professional superiority or the performance of professional service in a superior manner - 202.253(a-1)(7); 202.5015
• Used or participated in the use of any publication, including advertisements, new stories, press releases and periodical articles that contain a false, misleading or deceptive claims/statements - 130.51(a)
• Made or allowed false, misleading or deceptive representations concerning services or products provided or to be provided - 130.51(b)
• Forged, altered or falsified a physician's or healthcare professional's order or prescription - 481.129
• Other fraud or deceit concerning services provided - 202.253(a-1)(4); 202.5015

Unlicensed Activity

• Temporary residency licensee practicing podiatric medicine outside the scope and limits of the GPME program and/or without supervision - 130.30(c)(e); 130.31(e)
• Used nitrous oxide/oxygen inhalation conscious sedation on a patient without a current registration - 130.48(d)
• Provisional licensee violated Act and/or Rules - 130.43(g)
• Practicing podiatry while a license is on inactive status - 130.46(b)
• Supervised and/or administered hyperbaric oxygen without a current certificate - 130.47
• Failed to ensure individuals performing radiological procedures on the foot are properly trained and are properly registered as a podiatric medical radiological technician - 130.53(b)
• Podiatric medical radiological technician performed podiatric radiological procedures without a registration - 130.53(f)

Unprofessional or Unethical Conduct – Podiatric Medical Radiological Technicians

• Podiatric medical radiological technician registrant performed dangerous or hazardous procedures as identified by the Texas Medical Board - 130.53(h)
• Podiatric medical radiological technician failed to comply with the safety rules of the Texas Department of State Health Services Radiation Control Program - 130.53(i)
• Podiatric medical radiological technician obtained, or attempted to obtain or use a registration by bribery or fraud - 130.53(l)(4)
• Podiatric medical radiological technician engaged in unprofessional conduct, including but not limited to, conviction of a crime, commission of any act that is in violation of the laws of the State of Texas if the act is connected with provision of health care, and commission of an act of moral turpitude - 130.53(l)(5)
• Podiatric medical radiological technician developed or has an incapacity that prevents the practice of podiatric medical radiological technician with reasonable skill, competence, and safety to the public as a result of (A) an illness; (B) drug or alcohol dependency; or habitual use of drug or intoxicating liquors or (C) another physical or mental condition - 130.53(l)(6)
• Podiatric medical radiological technician failed to practice in an acceptable manner consistent with public health and welfare - 130.53(l)(7)
• Podiatric medical radiological technician has disciplinary action taken against a radiological certification, permit, or registration in another state or by another regulatory agency - 130.53(l)(8)
• Podiatric medical radiological technician engaged in acts requiring registration under these rules without a current registration in another state, or by another regulatory agency - 130.53(l)(9)
• Podiatric medical radiological technician has had a registration revoked, suspended, or has received a disciplinary action - 130.53(l)(10)

Unprofessional or Unethical Conduct

• Engaged in habits of intemperance or drug addiction that endangered the health, well-being, or welfare of the patients - 202.253(a-1)(3); 202.5015
• Engaged in grossly unprofessional or dishonorable conduct to deceive or defraud the public - 202.253(a-1)(4); 202.5015
• Violated or attempted to violate the laws or rules as a principal, accessory, or accomplice - 202.253(a-1)(5); 202.5015
• Employed or associated in the practice of a podiatrist whose license has been suspended or revoked - 202.253(a-1)(13); 202.5015
• Failed to practice podiatry in an acceptable manner consistent with public health and welfare - 202.253(a-1)(16); 202.5015
• Failed to comply with prohibitions relating to sexual misconduct - 130.57

Class D Violations:

Penalty Range:

$5,000 and/or revocation

• Practiced podiatry without a license - 202.303
• Obtained or attempted to obtain a license by fraud, misrepresentation, or concealment of material fact - 60.23(a)(1); 60.23(a)(2); 202.253(a-1)(1); 202.253(a-1)(8); 202.253(a-1)(14); 202.5015
• Engaged in fraud or deception in the passing or taking an examination - 60.52(a); 202.253(a-1)(1); 130.41(c); 202.253(a-1)(11); 202.5015
• Failed to comply with a previous order of the Commission or Executive Director - 51.353(a); 202.253(a); 202.5015
• Failed to pay the Department for a dishonored payment or processing fee - 60.82; 51.210(c)

Texas Health and Safety Code, Chapter 181; Texas Health and Safety Code, Chapter 311; Texas Health and Safety Code, Chapter 481; Texas Health and Safety Code, Chapter 483; Texas Administrative Code, Chapter 601