Podiatric Medical Examiners
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The mission of the Texas State Board of Podiatric Medical Examiners is to assure quality "Podiatric Medical Care" for the citizens of the State of Texas. The Board fulfills its mission through the regulation of the practice of "Podiatric Medicine." This mission, derived from the Podiatric Medical Practice Act (Texas Occupations Code Chapter 202) and the Board Rules (Title 22, Part 18, Texas Administrative Code), supersedes the interest of any individual, the podiatric medical profession, or any special interest group. Podiatric Medicine is an important, unique and integral part of any patient's overall health as problems involving the Foot & Ankle can affect the functions of the entire human body.
Although the Board's principal enforcement statute is Texas Occupations Code Chapter 202, the Board also investigates and enforces provisions related to Texas Occupations Code Chapter 53, the Texas Penal Code, the Texas Health & Safety Code, the Texas Government Code and other provisions related to Federal Mandates (Social Security Act; Medicare; Medicaid); other state statutes. If a matter involves a Podiatrist or the practice of Podiatric Medicine, then the Board has a jurisdictional responsibility to regulate (spirit of Governor Perry's July 2004 Executive Order "RP-36").
The Texas State Board of Podiatric Medical Examiners takes its responsibility seriously
This information is being provided to help the complainant understand, at a minimum, the "Complaint Process" and to address any expectations.
Once the complaint is received, a "Notice of Complaint Allegation" letter from the Board will be mailed to the licensee; your records will be requested as well as a statement of your relative treatment, etc. Once the records/response have been received, it will be reviewed and a disposition may be recommended. If the Board needs additional information, the licensee may be required to appear to answer questions concerning the matter. The complainant should understand that any information supplied on the complaint form may be subject to disclosure to the licensee. This is done to further the investigative process. All cases requiring a "Standard of Care/Scope of Practice/Clinical Review" are sent to a qualified Podiatric Medical Reviewer, who is a licensed Podiatrist acting on the Board's behalf. The PMR then makes a recommendation for action/non-action, which will be the formal and final process the Board adopts.
The review/investigation of your complaint may take several months. Please understand that the Board can only take formal action if it finds sufficient basis that the licensee violated State law (Podiatric Medical Practice Act of Texas & Associated Rules/Regulations). If the Board determines that formal action is required, the matter is referred to the Board's legal counsel, at the office of the Attorney General. In that case, formal charges may be filed against the licensee (in the form of a Board Order) and the licensee will be given an opportunity to defend himself or herself. Although timely resolution is sought, this "Due Process" can take a considerable period of time. If there is no violation of State law, then the case will be closed with "No Violation Found." The Board does not rule for any "complaints of pain & suffering." There are times when a podiatric physician followed proper procedure, but the patient has had an unfortunate outcome. The Board's decision does not preclude you from seeking civil remedies (i.e. judge and jury) against the podiatrist by obtaining the (Civil) services of an attorney. Again the Board's authority is limited to Administrative Law.
If the Board determines that there is insufficient basis to pursue disciplinary action, but determines that the matter involves some type of a resolution, the Board can use its scope of influence to "Recommend" a resolution to the licensee, refer the complaint to an insurance company (i.e. "Over Usual-Customary" billing/fee reviews), refer the complaint to the local/state professional society (if licensee is a member) or you will have to seek remedies in a civil court. The Board's jurisdiction is only within the scope of Administrative Law and specific to the Podiatric Medical Practice Act of Texas & Associated Rules/Regulations.
You will be notified in writing when a final determination has been made. Your patience is greatly and sincerely appreciated.