In 2017 the Texas Podiatric Medicine Program was transferred from the Texas State Board of Podiatric Medical Examiners (TSBPME) to the Texas Department of Licensing and Regulation (TDLR). The TDLR has since adopted new rules for the Podiatric Medicine Program, effective November 1, 2018.
The TDLR states: “The adopted new rules are substantively similar to the rules under the TSBPME, but the rules have been reorganized and simplified for readability.”
New Rules for TDLR’s Podiatric Medicine Program
Specifically, the new rules remove redundant language and add a definition for continuing medical education, which is defined as “Educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships that a practitioner uses to provide services for patients, the public, or the profession.” 16 Tex. Admin. Code § 130.2(4).
The new rules also remove the previous restriction on the number of times an applicant may sit for the jurisprudence exam and remove the four-year limit for inactive status. In addition, the new rules add an entire section specific to podiatric medical radiological technicians under 16 Tex. Admin. Code § 130.53.
Further, the TDLR adopted changes to the Criminal Convictions Guidelines to include the Podiatry program. These guidelines describe how the TDLR determines whether a criminal conviction makes an applicant unsuitable for Podiatric Medicine Program licensure. The guidelines also set forth when a criminal conviction warrants license revocation or suspension.
The TDLR will consider the following factors when determining whether a criminal conviction should be grounds to deny a license:
- The nature and seriousness of the crime;
- The relationship of the crime to the purpose for requiring a license to engage in the occupation;
- The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the applicant previously had been involved; and
- The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.
In relation to the issuance of Podiatric Medicine Program licenses, the TDLR will deny licensure for crimes against a person, such as homicide, kidnapping, and assault, crimes involving children, the elderly, or disabled as victims, as well as crimes involving prohibited sexual conduct, crimes involving fraud, deceptive trade practices, bribery, and certain crimes against property, such as theft or burglary. The TDLR will also consider certain drug crimes, including crimes involving being under the influence of drugs, alcohol, or dangerous substances.
Professional License Defense
BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action in front of a licensing board, agency, or commission in Texas. We have consistently won significant cases for podiatrists, other doctors, nurses, lawyers, architects, pharmacists and other professionals dealing with issues that could jeopardize their ability to work. We know how to build a strong case to protect your license – and your livelihood.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation.
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