1. (a) A practitioner may delegate to a qualified and properly trained podiatric medical assistant acting under the podiatrist's appropriate supervision any podiatric medical act that a reasonable and prudent podiatrist would find within the scope of sound medical judgment to delegate if:

   1. (1) in the opinion of the delegating podiatrist, the act:

      1. (A) can be properly and safely performed by the podiatric medical assistant to whom the podiatric medical act is delegated; and
      2. (B) is performed in its customary manner and not in violation of any other statute; and
   2. (2) the podiatric medical assistant to whom the podiatric medical act is delegated does not represent to the public that the podiatric medical assistant is authorized to practice podiatric medicine.
2. (b) The delegating podiatrist is responsible for the podiatric medical acts of the podiatric medical assistant performing the delegated medical acts.

3. (c) The department may determine whether:

   1. (1) an act constitutes the practice of podiatric medicine; and
   2. (2) a podiatric medical act may be properly or safely delegated by podiatrists.

Source Note:The provisions of this §130.56 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective July 1, 2020, 45 TexReg 4333.