HBA-NMO H.B. 1420 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1420
By: Alvarado
Public Health
3/29/99
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, podiatrists in this state are licensed by the Texas State Board
of Podiatric Medical Examiners (board).  Current law does not entitle a
podiatrist to receive a copy of a complaint filed against the podiatrist,
nor is there a mechanism for the board to expunge frivolous complaints from
the file of a license holder.  H.B. 1420 requires the board to provide a
copy of each complaint to the license holder, and, if a complaint is found
to be unwarranted, to expunge from the license holder's file the complaint
and any information obtained in the investigation of the complaint.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (a), Article 4573, V.T.C.S., to require the
Texas State Board of Podiatric Medical Examiners (board), if a complaint is
filed with the board, to provide a copy of the complaint to the license
holder.   

SECTION 2.  Amends Article 4573c, V.T.C.S., by adding Subsection (g), as
follows: 

(g) Requires the board, if, after an investigation of a complaint, it
determines that a license holder did not violate this chapter, to expunge
from the license holder's file the complaint and any information obtained
by the board in the investigation of the complaint. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment #1

Deletes SECTION 2 requiring the board to expunge a frivolous complaint from
a license holder's record and redesignates SECTION 3 as SECTION 2.