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.