(a) As used in this section:
  (1) "Voluntary charity care" means medical care provided for no compensation to:
    (A) indigent populations;
    (B) in medically underserved areas; or
    (C) for a disaster relief organization.
  (2) "Compensation" means direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.
(b) To be eligible for voluntary charity care status, a practitioner must:
  (1) apply on a department approved form; and
  (2) pay any required fee.
(c) The practice by a podiatrist on voluntary charity care status:
  (1) does not include the provision of podiatric services for compensation which has monetary value of any kind;
  (2) is limited to voluntary charity care for which the practitioner receives no compensation of any kind for podiatric services rendered;
  (3) does not include the provision of podiatric services to members of the practitioner's family; and
  (4) does not include the self-prescribing of controlled substances or dangerous drugs.
(d) A podiatrist on voluntary charity care status must:
  (1) renew the voluntary charity status every two years in a manner prescribed by the department; and
  (2) complete twenty-five (25) hours of CME during each renewal cycle.
(e) A podiatrist on voluntary charity care status is subject to disciplinary action for:
  (1) a violation of the Act or rule adopted under this chapter;
  (2) obtaining, or attempting to obtain, voluntary charity care status by submitting false or misleading information to the department; or
  (3) unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the practitioner engages in the compensated practice of podiatric medicine, the provision of podiatric services to members of the practitioner's family, or the self-prescribing of controlled substances or dangerous drugs.
(f) A podiatrist on voluntary charity care status must apply with the department before returning to active status by:
  (1) submitting a department approved application;
  (2) providing a description of the work performed while on voluntary charity care status;
  (3) paying the required doctor of podiatric medicine renewal fee; and
  (4) completing an additional 25 hours of CME to meet the doctor of podiatric medicine renewal requirements;
(g) The department may require additional information, education, examinations, or training from a podiatrist who has been on voluntary charity care status for more than two years before returning to active status.

Source Note: The provisions of this §130.49 adopted to be effective September 1, 2019, 44 TexReg 4725