HBA-DMH H.B. 419 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 419 By: Maxey Public Health 2/8/2001 Introduced BACKGROUND AND PURPOSE Currently, the law does not provide consumers with a comprehensive and objective source for information about podiatrists. Information relating to a podiatrist's education, specialty certification, past criminal conduct, or paid malpractice claims may help a consumer to make an informed decision. House Bill 419 creates and makes available to the consumer a profile of each podiatrist licensed in the state of Texas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Podiatric Medical Examiners in SECTION 1 (Section 202.206, Occupations Code) and SECTION 2 of this bill. ANALYSIS House Bill 419 amends the Occupations Code to require the Texas State Board of Podiatric Medical Examiners (board) to create and make available to the public a profile of each podiatrist that contains certain information on the podiatrist compiled in a specified format and updated annually. The bill requires the board to obtain such information not maintained by the board in the ordinary course of the board's duties from a podiatrist at the time the podiatrist renews the podiatrist's license. The bill requires the board, in requesting such information, to inform the podiatrist that compliance is mandatory, inform the podiatrist of the date the information will be available to the public, and instruct the podiatrist about certain requirements for obtaining a copy of the profile to make corrections. The bill requires the board to adopt a form that allows a podiatrist to update such information and requires that the form be made available on the Internet and in other formats as prescribed by board rule. The bill requires the board to adopt rules necessary to implement these provisions no later than April 1, 2002, and authorizes the board to adopt rules concerning the type and content of additional information that may be included in a podiatrist's profile. The bill sets forth fee requirements to cover the costs of administration, and requires initial profiles to be made available to the public no later than September 1, 2003. The bill does not prevent the board from providing certain explanatory information regarding malpractice settlements, or require the board to disclose confidential settlement information. The bill prohibits the board from disclosing to the public a pending malpractice claim or complaint other than a claim disclosed under a description of the final resolution taken by the board on each malpractice claim or complaint required to be opened by the board. The bill does not prevent the board from investigating and disciplining a podiatrist on the basis of a pending malpractice claim or complaint. EFFECTIVE DATE September 1, 2001.