| (a) The advisory board shall meet at the call of the
presiding officer of the commission or the executive director.
(b) The department will present the following documents,
including any updates or revisions, to the advisory board for its
input and recommendation:
(1) The penalty matrix for podiatry to be included
in the department's Enforcement Plan; and
(2) Criminal Conviction Guidelines (Guidelines for
Applicants with Criminal Convictions) for podiatry.
(c) The department will provide information regarding
the general investigative, enforcement, or disciplinary procedures
of the department or commission to the advisory board in the following
manner:
(1) At advisory board meetings, the department will
provide a report on recent enforcement activities, including:
(A) a brief description of final orders entered in
enforcement cases; and
(B) statistics on complaints received, disposition
of cases, and any sanctions or administrative penalties assessed;
(2) On request of the advisory board, the department
will provide additional information:
(A) during the staff report portion of the advisory
board meeting; or
(B) by placing a discussion item on the agenda for
a future advisory board meeting; or
(3) The department may provide information directly
to an individual member of the advisory board in response to a request
from that member.
(d) The commission may not adopt a new rule relating
to the scope of practice of, a health-related standard of care for,
or the ethical practice of the profession of podiatry unless the rule
has been proposed by the advisory board.
(e) Under Occupations Code §51.2032(b) and (c),
the advisory board may propose a rule described by subsection (d)
according to the following procedure:
(1) The advisory board, by a majority vote of the members
present and voting at a meeting at which a quorum is present, shall
either:
(A) recommend that the rule be published in the Texas Register for public comment; or
(B) if the rule has been published and after considering
the public comments, make a recommendation to the commission concerning
adoption of the rule;
(2) The rule must be within the commission's legal
authority to adopt; and
(3) The department may make non-substantive, editorial
changes to the rule as necessary.
(f) The commission shall either adopt the rule as proposed
by the advisory board under subsection (e), with any non-substantive,
editorial changes made by the department under subsection (e)(3),
or return the rule to the advisory board for revision.
(g) The department will establish an advisory board
work group to review and make recommendations regarding continuing
education requirements.
(h) The department may obtain additional expertise
from one or more of the following sources:
(1) a former member of the advisory board;
(2) a department staff expert; or
(3) an outside expert with relevant education, training,
or experience.
(i) Opinions or recommendations made under subsection
(g) will be presented to the full advisory board for discussion.
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