Podiatry

In accordance with House Bill 3078 (85th Regular Session, 2017), on September 1, 2017 the licensing and regulation of the practice of Podiatry transferred from the Texas State Board of Podiatric Medical Examiners to the Texas Department of Licensing and Regulation.


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News and Updates

TDLR Health Monitor – October 2020 Edition

Articles in this October 2020 edition of The Health Monitor include updates on:

  • New Training Requirements for Human Trafficking Prevention
  • 87th Texas Legislature Convenes in January
  • Virtual Midwives Educational Summit
  • Rule Amendments for Hearing Instrument Fitters & Dispensers
  • Changes to Continuing Medical Education Activity for Podiatrists

RULE REVIEW─NOTICE OF INTENT TO REVIEW
Deadline for comments—November 9, 2020

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal the chapters listed below, in their entirety, contained in Title 16, Part 4, of the Texas Administrative Code. This review and consideration is being conducted in accordance with Texas Government Code §2001.039.

Business and Professionals Programs
Chapter 76, Water Well Drillers and Water Well Pump Installers.

Transportation Safety Programs
Chapter 84, Driver Education and Safety.

Business and Consumer Safety Programs
Chapter 85, Vehicle Storage Facilities.
Chapter 86, Vehicle Towing and Booting.

Medical and Health Professions Programs
Chapter 100, General Provisions for Health-Related Programs.
Chapter 110, Athletic Trainers.
Chapter 111, Speech-Language Pathologists and Audiologists.
Chapter 112, Hearing Instrument Fitters and Dispensers.
Chapter 114, Orthotists and Prosthetists.
Chapter 115, Midwives.
Chapter 116, Dietitians.

During the review, the Department will assess whether the reasons for adopting or readopting the rules in these chapters continue to exist. The Department will review each rule to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current Department procedures. This review is required every four years.

Written comments regarding the review of these chapters may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment); by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to the rules in these chapters as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Filed with the Office of the Secretary of State on September 30, 2020.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation

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.

Commission Adopts Administrative Rules

The Texas Commission of Licensing and Regulation (Commission) adopted amendments to the Podiatry program rules at 16 Texas Administrative Code, Chapter 130, Subchapter D, §§130.42, 130.44, and 130.45; Subchapter E, §§130.53, 130.56, and 130.58; Subchapter F, §130.60; and Subchapter G, §130.72; new rule Subchapter E, §130.59. The adopted rules implement House Bills 1899, 2059, 2174, 2847, 3284, and 3285, 86th Legislature, Regular Session (2019). Specifically, the adopted rules require practitioners to complete human trafficking prevention training; establish limits on prescribing opioids for acute pain, address electronic prescribing, and require continuing education on prescribing and monitoring controlled substances; clarify the scope of delegation permitted, provide for the regulation of podiatric medical radiological technicians and establish a license fee; update administrative penalties and sanctions for podiatrists and penalties for improperly accessing the Texas Prescription Monitoring Program; and provide for the orderly transition of assessing continuing medical education hours as the Department transitions to two-year podiatric license terms.

The adoption justification was published in the June 26, 2020, issue of the Texas Register (45 TexReg 4333). The updated rule chapter will be made available upon its effective date of July 1, 2020.

86th Legislative Session Update

Notice to Health Care Practitioners of New Training Requirement

House Bill 2059 requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.

APMLE Update

Prometric, the provider of the APMLE for the podiatric medicine program has reopened testing centers in the United States and Canada to essential occupations like podiatry. To learn more, visit the Prometric webpage.

COVID-19: Continuing Education Waived

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, and May 2020. Licensees still need to submit their renewal applications, pay the required fees, and TDLR will check their criminal histories, but they will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then you may follow the certifying entity’s policy.

Please check the TDLR COVID-19 webpage for the most up-to-date information.

APMLE Update

Prometric, the provider of the APMLE for the podiatric medicine program has closed testing centers in the United States and Canada. To learn more, visit the Prometric webpage.

Podiatry COVID-19 Information Resource Page

The Federation of Podiatric Medical Boards (FPMB) has created a Resource Page for Podiatry that is updated routinely with nationwide questions/issues.

The Texas Podiatric Medical Association (TPMA) has created a Texas Podiatry/COVID-19 Resource Page that is updated routinely with statewide questions/issues.

TDLR Proposes Administrative Rules

The Texas Department of Licensing and Regulation proposes amendments to the Podiatric Medicine Program rules (16 Texas Administrative Code (TAC), Chapter 130, Subchapter D, §§130.42, 130.44, and 130.45; Subchapter E, §§130.53, 130.56, and 130.58; Subchapter F, §130.60; and Subchapter G, §130.72). The Department also proposes a new rule (16 TAC, Chapter 130, Subchapter E, §130.59). The proposed amendments and new rule implement Texas Occupations Code, Chapter 202, Podiatrists.

The proposed rules were published in the January 3, 2020, issue of the Texas Register (45 TexReg 50). The Department will accept comments on the proposal until February 3, 2020. The Department encourages anyone interested in the Podiatric Medicine Program to review the rule proposal. Comments may be submitted by email to erule.comments@tdlr.texas.gov.

Guidance Statement on TDI Rules Related to Senate Bill 1264

The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).

SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpage for additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.

TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint online with TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.

TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Tropical Storm Imelda Disaster Response

On September 19, 2019 in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with Tropical Storm Imelda disaster response operations.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Tropical Storm Imelda disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the TDLR by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: recovery@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Behavior Analysts
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 Monday through Friday from 7 a.m. to 6 p.m. or email recovery@tdlr.texas.gov.

Podiatric Physician Jurisprudence Exam Improvements

  • New! Content outline guidance with score report feedback!
  • Updated reference list of study materials
  • No increased cost – Exam fee is still $60!

Please see the Candidate Information Bulletin (CIB) for details.

Criminal Conviction Guidelines for Podiatry

The Texas Commission of Licensing and Regulation (Commission) adopted changes to TDLR’s Criminal Conviction Guidelines (guidelines) to include the Podiatry program.

The guidelines describe how TDLR determines whether a criminal conviction makes an applicant unsuitable for a license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by TDLR.

TDLR presented the applicable guidelines to the Podiatric Medical Examiners Advisory Board at its meeting on July 23, 2018 and received the Board’s recommendation of approval. The Commission adopted the amendments to the guidelines at its meeting on September 25, 2018, pursuant to Texas Occupations Code §53.025(a).

Important information for healthcare facilities seeking to use out-of-state healthcare providers to assist with Hurricane Harvey disaster response:

On September 3, in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with disaster response operations for Hurricane Harvey.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Hurricane Harvey disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the Texas Department of Licensing and Regulation (TDLR) by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: Harvey@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 between 7:00 a.m. and 6:00 p.m. CDT or email Harvey@tdlr.texas.gov.


Advisory Board Meetings

Upcoming Meeting - December 7, 2020

The next Podiatric Medical Examiners Advisory Board meeting is scheduled for Monday, December 7, 2020 at 10:00 a.m. The meeting will be held via videoconference and will be viewable on TDLR's YouTube channel. The agenda and staff reports are available online.

Previous Meeting - March 9, 2020

The Podiatric Medical Examiners Advisory Board met March 9, 2020 in Austin. The agenda and staff reports (PDF) are available online. The meeting was archived and is available on TDLR's YouTube channel.


Frequently Asked Questions

1. When did the transfer of podiatry to TDLR take place?

All duties and responsibilities for the regulation of podiatry - including licenses and renewals, customer service, and enforcement - transferred to TDLR effective September 1, 2017.

2. Do I need to get a new license issued by TDLR?
No. The license you have now--issued by the Texas State Board of Podiatric Medical Examiners --remains valid until its expiration date. When you renew on or after September 1, 2017, you will receive a TDLR-issued license.

3. Will I have to renew on a different schedule?

No. You will renew on the same schedule.

4. Have the rules changed?

No. The existing podiatry rules automatically transferred to TDLR on September 1, 2017.

5. Are people at TDLR available to talk to me?

Yes. You will get a “live” person when you call TDLR. Our Customer Service division employs over 45 people who are waiting to help you. TDLR answers nearly 500,000 calls and emails per year. Customer service representatives are trained on the details of the Podiatry program. TDLR also has the resources and expertise of more than 40 licensing specialists and seven medical and health program experts.

6. How do I file a complaint against a podiatrist?

Please submit the Podiatry Complaint Form by mail or fax.

7. How do I stay informed about changes impacting me?

You have several options to stay connected:

  • Email updates: Sign up for email updates
    When you subscribe to TDLR’s Podiatry email updates, we will provide you with everything you need to know about changes in rules, the law, fees, exam requirements, meetings and more. It’s easy and you will stay in the loop.
  • Meetings: Meeting information is posted on the TDLR Meetings page. All Advisory Board and Commission meetings are available to watch online live or later at your convenience at the TDLR YouTube page.
  • Social Media: TDLR has a Facebook page and a Twitter account dedicated to TDLR Health Professions.

8. Why was the regulation of podiatry transferred to TDLR?

House Bill 3078, 85th Regular Session, adopted the recommendations of the Sunset Advisory Commission that podiatry regulation be moved to TDLR “to provide institutional stability and administrative savings, improve licensing and enforcement outcomes, and better protect the people of Texas.” House Bill 3078 was signed into law by Gov. Greg Abbott on May 29, 2017.

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