Tex. Occ. Code Section 202.253
Grounds for Denial of License


(a)

The commission may refuse to issue a license or certificate to a person who violates this chapter, a rule adopted under this chapter, or an order of the commission or executive director.

(a-1)

The commission or department may refuse to admit a person to an examination, and may refuse to issue a license to practice podiatry to a person, for:

(1)

presenting a license, certificate, or diploma that was illegally or fraudulently obtained or engaging in fraud or deception in passing the examination;

(2)

being convicted of an offense under Section 202.606 (Criminal Penalty: Amputation of Foot);

(3)

engaging in habits of intemperance or drug addiction that in the department’s opinion would endanger the health, well-being, or welfare of patients;

(4)

engaging in grossly unprofessional or dishonorable conduct of a character that in the department’s opinion is likely to deceive or defraud the public;

(5)

directly or indirectly violating or attempting to violate this chapter or a rule adopted under this chapter as a principal, accessory, or accomplice;

(6)

using any advertising statement of a character tending to mislead or deceive the public;

(7)

advertising professional superiority or the performance of professional service in a superior manner;

(8)

purchasing, selling, bartering, or using or offering to purchase, sell, barter, or use a podiatry degree, license, certificate, diploma, or a transcript of a license, certificate, or diploma, in or incident to an application for a license to practice podiatry;

(9)

altering, with fraudulent intent, a podiatry license, certificate, diploma, or a transcript of a podiatry license, certificate, or diploma;

(10)

using a podiatry license, certificate, or diploma, or a transcript of a podiatry license, certificate, or diploma, that has been fraudulently purchased, issued, counterfeited, or materially altered;

(11)

impersonating, or acting as proxy for, another person in a podiatry license examination;

(12)

impersonating a license holder, or permitting another person to use the license holder’s license to practice podiatry in this state, to treat or offer to treat, by any method, conditions and ailments of human feet;

(13)

directly or indirectly employing a person whose license to practice podiatry has been suspended or associating in the practice of podiatry with a person whose license to practice podiatry has been suspended or who has been convicted of the unlawful practice of podiatry in this state or elsewhere;

(14)

wilfully making in the application for a license to practice podiatry a material misrepresentation or material untrue statement;

(15)

being unable to practice podiatry with reasonable skill and safety to a patient because of age, illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or other substances or as a result of a mental or physical condition;

(16)

failing to practice podiatry in an acceptable manner consistent with public health and welfare;

(17)

being removed, suspended, or disciplined in another manner by the podiatrist’s peers in a professional podiatry association or society, whether local, regional, state, or national in scope, or being disciplined by a licensed hospital or the medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if the commission or department determines that the action was:

(A)

based on unprofessional conduct or professional incompetence likely to harm the public; and

(B)

appropriate and reasonably supported by evidence submitted to the association, society, hospital, or medical staff; or

(18)

having repeated or recurring meritorious health care liability claims filed against the podiatrist that in the commission’s or department’s opinion are evidence of professional incompetence likely to injure the public.

(b)

In enforcing Subsection (a-1)(15), the department, on probable cause, shall request the affected podiatrist to submit to a mental or physical examination by a physician designated by the department. If the podiatrist refuses to submit to the examination, the commission or executive director shall issue an order requiring the podiatrist to show cause why the podiatrist will not submit to the examination and shall schedule a hearing on the order not later than the 30th day after the date notice is served on the podiatrist. The podiatrist shall be notified by either personal service or certified mail with return receipt requested.

(c)

At the hearing, the podiatrist and the podiatrist’s attorney may present testimony and other evidence to show why the podiatrist should not be required to submit to the examination. After a complete hearing, the commission or executive director shall issue an order either requiring the podiatrist to submit to the examination or withdrawing the request for examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 25, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 400 (S.B. 1531), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.003, eff. September 1, 2019.

Source: Section 202.253 — Grounds for Denial of License, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­202.­htm#202.­253 (accessed Jun. 5, 2024).

202.001
Definitions
202.003
Application of Chapter
202.051
Board Membership
202.053
Public Member Eligibility
202.054
Membership and Employee Restrictions
202.055
Terms
202.056
Grounds for Removal
202.057
Compensation
202.058
Presiding Officer
202.059
Meetings
202.061
Training
202.062
Duties of Advisory Board
202.153
Fees
202.160
Information Provided to License Holders
202.161
Poison Control Center Information
202.204
Expert Witness
202.251
License Required
202.252
License Application
202.253
Grounds for Denial of License
202.254
Examination
202.256
Reexamination
202.257
Issuance of License
202.258
Refusal of Admittance to Examination
202.259
Temporary License
202.260
Provisional License
202.261
Limited License for Podiatry Faculty Members
202.262
Display of License
202.263
Issuance of Duplicate or Amended License
202.303
Practice Without Renewing License
202.304
Renewal After Military Service
202.351
Podiatry Services for Certain Health Organizations
202.352
Approval of Names Under Which Podiatrist May Practice
202.353
Malpractice Claim Reports
202.354
Delegation of Certain Acts
202.401
Definitions
202.402
Scope of Privilege
202.403
Claim of Privilege
202.404
Exceptions to Privilege and Confidentiality in Certain Proceedings
202.405
Other Exceptions to Privilege and Confidentiality Requirements
202.406
Consent for Release of Confidential Information
202.407
Disclosure of Released Information
202.451
Definitions
202.452
Disclosure of Communications Made to Peer Review Committee
202.453
Information Provided to Affected Podiatrist
202.454
Confidentiality Requirements
202.455
Privilege of Confidentiality
202.456
Immunity
202.457
Claims for Defense Costs
202.501
Disciplinary Powers
202.502
Revocation and Suspension of License for Drug-related Felony Conviction
202.503
Probation
202.504
Reissuance of License
202.505
Reexamination if License Suspended or Revoked
202.506
Application to Certain Drug Offenses
202.509
Confidentiality and Disclosure of Investigative Information
202.602
Monitoring and Inspection of License Holder
202.603
Prosecution of Violation
202.604
Civil Penalty: Use of Trade Name
202.605
General Criminal Penalty: Practicing Without License
202.606
Criminal Penalty: Amputation of Foot
202.1515
General Powers and Duties
202.2031
Notification to Parties Regarding Complaint
202.2032
Requirements for Certain Complaints
202.2525
Criminal History Record Information for License Issuance
202.3015
Term and Renewal
202.3025
Criminal History Record Information Requirement for License Renewal
202.5015
Certain Conduct Constituting Chapter Violation
202.5071
Subpoena Authority

Accessed:
Jun. 5, 2024

§ 202.253’s source at texas​.gov