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RULE §371.5 Applicant for License


Published: 2015

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(a) Any person who wishes to practice podiatric medicine in this state, who is not otherwise licensed under law, must successfully pass an examination given at the Board's direction pursuant to §371.15 of this title (relating to Administration and Scoring of Examination), and complete the graduate podiatric medical education requirements as set forth herein, §371.7(g) of this title (relating to Qualifications for Licensure). One who successfully completes all the requirements for licensing as set forth in these rules and who has made payment of all applicable fees shall be awarded a valid license to practice podiatric medicine in the State of Texas for the term lawfully stipulated by and under the conditions set forth in these Rules, and the Podiatric Medical Practice Act of Texas, Texas Occupations Code, Chapter 202, Subchapter F. (b) Any person who wishes to sit for examination, shall submit a written application on a form provided by the Board. The applicant shall verify by affidavit the information in the application. The Board may refuse to admit to the examination or grant a license to any applicant who knowingly submits false information to the Board. (c) Applications for examination must be on the Board's application form printed in ink or typewritten, which shall be furnished by the Board staff upon request. (d) The completed application and required supporting materials must be received by the Board staff no later than 60 days before the first day of the examination. The materials supporting the application, such as transcripts of candidates, shall be received by the Board before the examination. (e) The filing of an application and tendering the fee to the Board staff shall not in any way obligate the Board to admit the applicant to examination until applicant has been qualified by the Board as meeting the statutory and regulatory requirements for admission to the examination for licensing. (f) The full examination fee is $289. Only certified check, Postal Service Money Order or Express Money Order shall be accepted. No examination fee will be refunded. The examination fee must be received by the Board at least 15 days before the date the application is scheduled to begin the examination. (g) Temporary License.   (1) A temporary license may be granted by the Board to a certified graduate of an accredited college of podiatric medicine under §371.7(c) of this title (relating to Qualifications for Licensure) who is enrolled in an accredited graduate podiatric medical education (GPME) program under §371.7(g) of this title (relating to Qualifications for Licensure) for a term not to exceed the time the graduate is enrolled in said GPME program. In no case is said temporary license to be issued for a term to exceed three years, or renewed in successive years for a time that cumulatively exceeds three years.   (2) A temporary license may be granted by the Board to a certified graduate of an accredited college of podiatric medicine under §371.7(c) of this title (relating to Qualifications for Licensure) or who is enrolled in a GPME program that is pending accreditation, as defined under §371.7(g) of this title (relating to Qualifications for Licensure) for a term not to exceed the time the graduate is enrolled in said DPME program. In no case is said temporary license to be issued for a term to exceed three years, or renewed in successive years for a time that cumulatively exceeds four years. It shall be the sole responsibility of the applicant to ascertain the accreditation status, as defined in §371.7(g) of this title (relating to Qualifications for licensure) of the application's GPME program.   (3) A temporary licensee granted a temporary license for the purpose of pursuing a GPME program in the State of Texas shall not engage in the practice of podiatric medicine, whether for compensation or free of charge, outside the scope and limits of the GPME program in which he or she is enrolled.   (4) A temporary license granted by the Board for the purpose of pursuing a GPME program in the State of Texas shall terminate by operation of law and under these rules at the time and on the day that said temporary licensee leaves or is terminated from said GPME program. Any successive entry into a second or further GPME program shall be subject to all laws and rules and application requirements set forth herein.   (5) All temporary licensees shall be subject to the same fees and penalties as all other licensees as set forth in the Podiatric Medical Practice Act of Texas, Texas Occupations Code, §202.001 et seq., and subsequent amendments, including §202.153 of said Act, and Chapter 376 of this title (relating to Violations and Penalties), except that temporary licensees are not subject to any Board rules concerning continuing medical education.   (6) Prior to licensure, applicants for a temporary license must have passed both Part I and Part II of the National Board, and shall provide written documentation of passing same directly from the National Board of Podiatric Medical Examiners to the Texas State Board of Podiatric Medical Examiners. (h) Extended Temporary License.   (1) The Agency's Executive director may grant the holder of a current "Texas Temporary License" an "Extended Temporary License" for good cause. Good cause may include but is not limited to:     (A) The illness of the holder or a family member for whom the holder is directly or indirectly responsible.     (B) A verifiable family emergency.     (C) An additional residency training issue.     (D) Additional time needed for the results of the Texas Jurisprudence Exam to be disseminated and for a valid regular license to be issued by the Board to the holder.   (2) An Extended Temporary License is an extension of the holder's Temporary License and shall allow the holder to continue to practice podiatric medicine for up to an additional three months, with the same responsibilities, restrictions and conditions of a Temporary License as found in subsection (g) of this section.   (3) The fee for an Extended Temporary license shall be $50 for a three month period.   (4) An Extended Temporary License may be renewed a maximum of two times to any holder of a Temporary License. The second renewal shall be granted only after and upon the agency's Executive Director's determination that appropriate "good cause" circumstances continue to exist for the re-issuance of an Extended Temporary License. (i) Temporary Faculty License.   (1) The Board may issue a Temporary Faculty License to a qualified podiatric physician who at the time of applying for this license has accepted an appointment to, or is serving as a full-time member of the faculty of an educational institution in this state including a hospital approved podiatric residency program, a residency program pending approval, offering an approved or accredited course of study or training leading to a degree in podiatric medicine.   (2) In this subsection, the term "qualified podiatric physician" shall mean one who:     (A) is a license podiatric physician in good standing in another state having similar licensing requirements as that of this Board, and;     (B) has been in podiatric practice in another state.   (3) This Temporary Faculty License shall be issued to the holder in monthly increments not to exceed 24 months. The incremental periods wherein the license is valid need not be contiguous, but rather may be in any arrangement approved by the Executive Director of the Board.   (4) The Temporary Faculty License shall authorize the visiting podiatric physician to practice podiatric medicine only and exclusively within the teaching confines of the educational institution in this state, hospital or approved residency program or a program pending approval by the council of Podiatric Medical Education of the American Podiatric Medical Association as a part of the duties and responsibilities assigned by the teaching institution to the license holder.   (5) Except for the requirement of passing the Board's Jurisprudence Examination and completing an approved one-year residency program any person applying for a Temporary faculty License under this section must comply with all application, and licensure requirements found in §371.7 of this title (relating to Qualifications for Licensure) and are subject to the Board's Statute and Rules. (6) The holder must sign an oath on a notarized form provided by the Board swearing that the holder has read and is familiar with the Board's Statute and Rules; will abide by this Statute and Rules and will be subject to the disciplinary procedures of the Board. (j) Provisional License.   (1) Requirements for Provisional License. On application for examination, an applicant may apply for a provisional license under the following circumstances.     (A) The applicant must be licensed in good standing as a podiatric physician in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Podiatric Medical Practice Act, subsequent amendments, and rules and must furnish proof of such licensure on Board forms provided.     (B) The applicant must have passed a national or other examination recognized by the Board relating to the practice of podiatric medicine and must submit a true and correct copy of the applicant's score report.     (C) The applicant must not have been subject to denial for a license by virtue of:       (i) having violated any provision under Texas Occupations Code Chapter 53 or §202.253;       (ii) Applicant of provisional license meeting the requirements of Board rule §371.21 related to "Re-Examination."     (D) The applicant's license to practice podiatric medicine must not have been revoked or suspended in any jurisdiction.   (2) Sponsorship. An applicant for provisional licensure must be sponsored by a person currently licensed by the Board for at least five years and in good standing under the Podiatric Medical Practice Act with the following conditions applicable.     (A) Prior to practice in Texas, on forms provided by the Board, the sponsor licensee will certify to the Board the following:       (i) that the applicant for provisional licensure will be working within the same office as the licensee, under the direct supervision of the sponsor licensee; and       (ii) that such sponsor licensee is aware of the Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license.     (B) Sponsor licensee will be held responsible for the unauthorized practice of podiatric medicine should such provisional license expire.   (3) Hardship. An applicant for a provisional license may be excused from the requirement of sponsorship of this rule if the Board determines that compliance with this subsection constitutes a hardship to the applicant.   (4) Application and $125 Fee. The Board shall issue a license pursuant to this rule to the holder of a provisional license if:     (A) The applicant for provisional licensure will be subject to all application requirements required by this chapter and subject to the applicable examination fees established under §371.3(b)(1) of this title (relating to Fees). In addition, the applicant will be subject to a fee for issuance of a provisional license.     (B) No provisional license can be issued until all application forms and fees are received in the Board office and the application is approved.     (C) A provisional license expires upon the passage of 180 days or notice by the Board of the applicant's successful passage or failure of all examinations required by this chapter, whichever comes first. It shall be the responsibility of the applicant and sponsor to return the provisional license to the Board office on expiration.     (D) The applicant's failure to sit for the first scheduled Board examination following application for examination invalidates the provisional license, unless in the discretion of the Executive Director sufficient and reasonable evidence regarding nonappearance exists.     (E) A provisional license may be issued a maximum of three times to the same applicant and as provided in Board rule §371.21 related to "Re-examination."     (F) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Podiatric Medical Practice Act or Board rules, such provisional license will be subject to disciplinary action including revocation.   (5) At the discretion of the Board, the GPME requirement set forth in §371.7(g) of "Qualifications for Licensure" of this title may be waived if the applicant has been in active podiatric practice for at least five continuous years in another state under license of that state, and upon application to the Board can show an acceptable record from that state and from all other states under which the applicant has ever been licensed.   (6) At the discretion of the Board, the Board may excuse an applicant for a license from the National Board Part III (i.e. PM Lexis) requirement set forth in §371.7(e), "Qualifications for Licensure", if the Board determines that an applicant with substantially equivalent experience was not required to pass a part of an examination related to the testing of clinical skills (i.e. PM Lexis) when the applicant was licensed in this or another state with an acceptable record, provided that the applicant has been in active licensed practice for at least five continuous years and has successfully completed any other course of training reasonably required by the Board relating to the safe care and treatment of Cont'd...