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

   1. (1) the act:

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

3. (c) The department may determine whether:

   1. (1) an act constitutes the practice of podiatric medicine.
   2. (2) a 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.