New TLDR rules governing the practice of podiatry in Texas, adopted under 15 TAC, Chapter 130, went into effect on September 1, 2019. These rules are wide-ranging and have an effect on a number of different elements of practice.
Perhaps the change most apparent to practitioners is the implementation of a shift from a one-year term to a two-year term for a license. Among other requirements, the new rules also:
- Make certain changes to ease the transition between the licensing terms, and
- Reduce the cost of licensing fees, to take into account this increased term of the license.
- Enable the Department to meet statutory requirements (in Texas Occupations Code, Chapter 112) that it implements a “voluntary charity care status,” providing for reduced fees ( to $0) and fewer continuing education requirements for retired practitioners who practice only voluntary charity care.
- Enact prescription monitoring guidelines for the prescription of various opioid drugs (as well as barbiturates, benzodiazepines, and carisoprodol), to meet with the Texas Health and Safety Code, Chapter 481 (Texas Controlled Substances Act ) and Chapter 483 (Dangerous Drugs); and with House Bill 2561, which requires those license-holders choosing to prescribe the above drugs to access the Texas State Board of Pharmacy’s Prescription Monitoring Program System, AWARxE, to review of a patient’s prescription history before prescribing these medications.
- Bring the rules into accord with House Bill 3078 and Texas Occupations Code, Section 202.601, which require the adoption of a penalty matrix by rule. (This also satisfies a Sunset Commission recommendation.)
- Require a person enrolled in a podiatric medical education program (which must be accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association) to hold a temporary residency license in Texas—and that person must not exceed the scope of their education in practicing podiatry, nor may they be fewer than 21 years old.
The adoption of these rules was enacted to implement regulations found in Texas Occupations Code, Chapter 202, and to meet recommendations of the Sunset Advisory Commission, which requested (alongside its recommendation that the administration of Podiatric Medicine be transferred from the Texas State Board of Podiatric Medical Examiners to fall under the auspices of TLDR) that TLDR be permitted to license practitioners on a biennial basis. The result is to align the practice of podiatry with similar health-related professions.
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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