Podiatry

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News and Updates

TDLR Health Monitor – June 2022 Edition

Articles in the June 2022 edition of The Health Monitor includes updates on:

  • Recent Rule Amendments
  • Updated Massage Therapy Consultation Document
  • Speech-Language Pathology Clinical Deficiency Plan
  • Hear Her Texas

Notice of Intent to Review Rules

The Texas Department of Licensing and Regulation (Department) is reviewing the Podiatry program rules located at Title 16, Texas Administrative Code, Chapter 130 for re-adoption, revision, or repeal. This rule review is required every four years.

The Notice of Intent to Review was published in the Texas Register on April 29, 2022 (47 TexReg 2572).

The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:

  • Is it obsolete?
  • Does it reflect current legal and policy considerations?
  • Is it in alignment with the current procedures of the Department?

The Department encourages anyone interested in the Podiatry program to review the Notice of Intent to Review online and the current program rules posted on the Department’s website.

Comments may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules.

Deadline to submit comments — May 30, 2022.

Commission Adopts Rules

The Texas Commission of Licensing and Regulation adopted amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.27, and adopts a new rule at Subchapter G, §130.75, regarding the Podiatry program. The adopted amendments relocate certain podiatry-specific provisions that implement Texas Occupations Code §51.2032 from their existing locations in 16 TAC Chapter 100 to the chapter of Department rules specifically regulating podiatry.

The adoption justification was published in the April 29, 2022, issue of the Texas Register (47 TexReg 2525) and is available online. The updated rule chapter was available on the TDLR website or Secretary of State website as of its effective date of May 1, 2022.

Commission Adopts Rules

The Texas Commission of Licensing and Regulation adopted new rules at 16 Texas Administrative Code, Chapter 100, §§100.1 - 100.3, 100.11, 100.60 - 100.65, and 100.70 - 100.72, the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50, amendments to existing rules at §§100.20, 100.30, and 100.40, with the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. The adopted rules implement Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and Tex. Occ. Code §51.501 by providing guidelines to health professionals for the use of telehealth and remote continuing education, update and amend outdated rule language, and relocate certain podiatry-specific provisions to the podiatry chapter.

The adoption justification was published in the April 22, 2022, issue of the Texas Register (47 TexReg 2128). The updated rule chapter will be made available upon its effective date of May 1, 2022.

Commission Adopts Rules

The Texas Commission of Licensing and Regulation adopted amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter D, §130.40 and §130.42; Subchapter F, §130.60, and the repeal of an existing rule at Subchapter F, §130.61, regarding the Podiatry program. The adopted rules implement Texas Occupations Code §202.261 by establishing a limited faculty license type, harmonize the waiver provisions for licensure between the full and provisional license rules, and repeal an expired transition rule for license fees.

The adoption justification was published in the February 25, 2022, issue of the Texas Register (47 TexReg 913). The updated rule chapter is effective March 1, 2022 and has been made available.

Continuing Education Requirements

HB 1560, the Sunset legislation for the Texas Department of Licensing and Regulation, repealed Occupations Code §202.305 and amended Occupations Code §202.505 under the Podiatry statute, and transferred authority regarding the continuing education requirements to TDLR’s enabling statute, Chapter 51 of the Texas Occupations Code.

Please note that no changes were made, and Podiatry program licensees are still required to obtain continuing education (CE) credits as specified in the program rules.

Justification for Administrative Rule Adoption

The Texas Commission of Licensing and Regulation adopted amendments to an existing rule at 16 Texas Administrative Code, Chapter 130, Subchapter E, §130.59; and proposed repeal of an existing rule at Subchapter G, §130.74, regarding the Podiatry program. The adopted rules implement House Bill 2174, 86th Legislature, Regular Session (2019), by establishing a procedure for the Department to issue waivers of the requirement for controlled substance prescriptions to be issued electronically, and repeal the rule adopting a penalty matrix.

The adoption justification was published in the March 26, 2021, issue of the Texas Register (46 TexReg 2006). The updated rule chapter will be made available upon its effective date of April 1, 2021.

Rule Review Adoption Justification

At their meeting held March 3, 2021, the Texas Commission of Licensing and Regulation adopted the rule review of 16 Texas Administrative Code (TAC) Chapter 100, General Provisions for Health-Related Programs, effective March 15, 2021.

The rule review adoption was published in the March 26, 2021 issue of the Texas Register (46 TexReg 2050).

TDLR encourages all persons interested in the General Provisions for Health-Related Programs to review the rule review adoption. The adoption justification is available online.

Call for Subject Matter Experts

TDLR is seeking subject matter experts (SMEs) to assist our Enforcement Division with complaint case reviews. SMEs review complaint cases, generally involving standard of care issues, during the investigation stage of the enforcement process.

We currently have a shortage of Behavior Analyst, Podiatrist, and Speech-Language Pathologist SMEs.

If you are interested in becoming a SME, please complete the Expert Witness Application. Once the application is submitted, you will receive a questionnaire to complete and return. Documents are screened and contracts are issued to approved SMEs.

All SMEs receive training on their role in reviewing complaint cases. Tasks may include the following:

  • Reviewing documents and statements collected by investigators.
  • Writing a report stating an opinion as to whether the respondent violated a rule or law in the provision of care to a client.
  • Answering specific questions from the prosecutor about the case.
  • Testifying as a witness for TDLR at hearings.

Our mission is to protect the citizens of Texas and the hard-working members of your profession. We cannot do that without your specialized knowledge of the complexities of your profession. Please consider becoming a SME today.

Electronic Prescriptions for Controlled Substances Now Required

Effective January 1, 2021, the Texas Controlled Substances Act and TDLR rule 16 TAC § 130.59 require that prescriptions for controlled substances be issued electronically, except in limited circumstances. TDLR may issue a waiver from this requirement based upon demonstrated necessity. A waiver, if granted, may not exceed one year. A Doctor of Podiatric Medicine may reapply for a subsequent waiver not earlier than the 30th day before the date the waiver expires if the circumstances that necessitated the waiver continue.

To begin the waiver application process, please complete the Electronic Prescribing Waiver Form (PDF).

A list of podiatrists with waivers will be posted on the TDLR Podiatry website when it becomes available.

More information including FAQs, and detailed guidance can be found on the Prescription Information page.

TDLR Waives Part II CSPE Exam Requirements for Class of 2021 Residency License Applicants

In response to the ongoing COVID Pandemic, TDLR has waived the Clinical Skills Patient Encounter (CSPE) exam requirement for 2021 podiatry school graduates who apply for a temporary residency license in Texas. Temporary residency applicants must still take Part I and the written Part II examinations administered by the National Board of Podiatric Medical Examiners. Part III is required for full licensure after residency.

In-Person CPR Course Waiver

In response to COVID-19, podiatry applicants may now take a virtual CPR course in order to qualify for licensure. Applicants must still provide proof of successful course completion.

Internet Live Activity CME is Allowed for Podiatrists

The Council on Podiatric Medical Education (CPME), accrediting body for podiatric CME providers, has updated the CPME 720 - Standards and Requirements for Approval of Providers of Continuing Education in Podiatric Medicine (PDF), effective July 1, 2020.The CPME standards define Internet Live Activity as “an online continuing educational activity available at a certain time on a certain date and available only in real-time, just as if it were a continuing educational activity held in an auditorium. Once the event has taken place, learners may no longer participate in that activity.” Some examples of an internet live activity are a webinar, videoconference, or teleconference. CPME has also released guidance on COVID-19 for continuing education (PDF) in response to COVID-19 concerns regarding CME. Providers of CME, including all organizations listed in the Podiatry Continuing Medical Education Rules, can organize and present an internet live activity for CME credit. There are no limits on the amount of CME hours that can be obtained through internet live activity. Online courses that are not part of an internet live activity may be acceptable for CME self-study credit. Up to 20 hours of self-study CME may be counted towards the CME requirement.

TDLR is not waiving the requirements or extending the timeframe for obtaining CME at this time. However, the podiatry program rules provide for exceptions in cases of hardship as determined on an individual basis by the executive director. For more information please contact rpm.health.professions@tdlr.texas.gov.


Advisory Board Meetings

October 4, 2021

The Podiatric Medical Examiners Advisory Board met October 4, 2021 via videoconference. The meeting was archived and is available on TDLR’s YouTube channel. The agenda and staff reports are available online.