March 22 issue (all sections) - Texas Secretary of State

TITLE 22. EXAMINING BOARDS
PART 18. TEXAS STATE BOARD OF
PODIATRIC MEDICAL EXAMINERS
CHAPTER 371.
LICENSURE
22 TAC §371.25
EXAMINATION AND
The Texas State Board of Podiatric Medical Examiners adopts
the amendments to §371.25, concerning Residency Requirements,
Program Responsibilities and Temporary Licensure,
without changes to the proposed text as published in the
November 9, 2012, issue of the Texas Register (37 TexReg
8918). The text of the rule will not be republished.
The amendments to §371.25 are adopted to increase efficiency
in the licensure process for residents in the final year of their
approved graduate podiatric medical education program by
allowing those persons an extra month to begin the application
process to other authorities for Texas Department of Public
Safety and U.S. Drug Enforcement Administration registration,
Medicaid/Medicare numbers, and other registrations required
for a podiatrist to set up a business.
No comments were received in response to the proposed
amendments.
The amendments are adopted under Texas Occupations Code,
§202.151, which provides the Texas State Board of Podiatric
Medical Examiners with the authority to adopt reasonable or necessary
rules and bylaws consistent with the law regulating the
practice of podiatry, the laws of this state, and the law of the
United States; and to govern its proceedings and activities, the
regulation of the practice of podiatry, and the enforcement of the
law regulating the practice of podiatry.
The adopted amendments to §371.25 implement Texas Occupations
Code, Chapter 202, Subchapter F.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on March 7, 2013.
TRD-201301026
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: March 27, 2013
Proposal publication date: November 9, 2012
For further information, please call: (512) 305-7000
♦ ♦ ♦
CHAPTER 376. VIOLATIONS AND
PENALTIES
22 TAC §376.37
The Texas State Board of Podiatric Medical Examiners adopts
new §376.37, concerning Criminal History Evaluation Letters,
with changes to the proposed text as published in the November
9, 2012, issue of the Texas Register (37 TexReg 8920). The section
is adopted with changes to make a grammatical correction
in §376.37(g).
The new rule is adopted to provide a process by which an individual
may request a criminal history evaluation letter regarding
the person's eligibility for a license issued by the board.
No comments were received in response to the proposed new
rule.
The new rule is adopted under Texas Occupations Code,
§202.151, which provides the Texas State Board of Podiatric
Medical Examiners with the authority to adopt reasonable or
necessary rules and bylaws consistent with its proceedings
and activities, the regulation of the practice of podiatry and the
enforcement of the law regulating the practice of podiatry.
The adopted new rule implements Texas Occupations Code,
§53.102.
§376.37. Criminal History Evaluation Letters.
(a) The purpose of this section is to provide a process by which
an individual may request a criminal history evaluation letter regarding
the person's eligibility for a license issued by the Texas State Board of
Podiatric Medical Examiners, as allowed by Chapter 53, Subchapter D
of the Texas Occupations Code.
(b) Prior to applying for licensure, an individual seeking licensure
may request that agency staff review the person's criminal history
to determine if the person is ineligible for licensure based solely on the
person's criminal background.
(c) Requestors must submit their requests in writing along with
appropriate fees as provided in §371.3(b)(19) of this title (relating to
Fees).
(d) The agency may require additional documentation including
fingerprint cards before issuing a criminal history evaluation letter.
(e) The agency shall provide criminal history evaluation letters
that include the basis for ineligibility if grounds for ineligibility exist
to all requestors no later than the 90th day after the agency receives all
required documentation to allow the agency to respond to a request.
(f) If a requestor does not provide all requested documentation
within one year of submitting the original request, the requestor must
submit a new request along with appropriate fees.
(g) All evaluation letters shall be based on existing law at the
time of the request. All requestors remain subject to the requirements
for licensure at the time of application and may be determined ineligible
under existing law at the time of application. If a requestor fails to
provide complete and accurate information to the agency, the agency
may invalidate the criminal history evaluation letter.
(h) An individual shall be permitted to apply for licensure, regardless
of the agency's determination in a criminal history evaluation
letter. However, the filing of an application and tendering of fees does
not in any way obligate the Board to admit the applicant to examination
or issue a license until such time the applicant has been approved
as meeting all requirements for licensure set forth in the Board's laws
and rules. No examination fee will be refunded. Applicants who have
furnished false information to the Board or who are alleged to be in
violation of the Board's laws and rules will be investigated. Such applicants
are subject to refusal for admittance to the examination and
denial of licensure; Board disciplinary action. Applicants permitted
to take the examination are subject to the laws and rules of the Board
and to the following conditions. The Board reserves the right to refuse
an applicant admittance to the exam if other information comes to the
Board's attention prior to the examination date that necessitates bar-
38 TexReg 1976 March 22, 2013 Texas Register