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Committee adopts podiatry rule change; members note loss of subcommittee authority
Summary
A legislative Administrative Rules Committee approved a proposed revision to the Board of Podiatry’s organizational rules, rule 25‑25, after members and agency counsel discussed whether the changes would eliminate the board’s ability to form subcommittees.
A legislative Administrative Rules Committee approved a proposed revision to the Board of Podiatry’s organizational rules, rule 25‑25, after members and agency counsel discussed whether the changes would eliminate the board’s ability to form subcommittees.
Committee members said the proposal, which removes language authorizing an investigative subcommittee, appears to leave the board without statutory authority to create any subcommittees. Nicholas Frey, general counsel for the Office of Professional Licensure and Certification (OPLC), told the committee the change stems from a statutory repeal and that no current statute appears to support a subcommittee for disciplinary hearings or investigations. “There does not appear to be, with respect to that rule, any statute that exists at this time that would support a subcommittee for disciplinary hearings or investigations,” Frey said.
The committee discussed whether the board should retain the ability to form non‑investigative subcommittees, such as groups that would handle training or other board functions. Representative Maguire asked whether the board intended to dispose of all subcommittees; a committee member said that, compared with other licensing boards, the podiatry rules lack explicit statutory language allowing subcommittees. Committee members agreed the gap should be addressed legislatively and placed the item on a list of statutory fixes.
Representative McGuire moved to approve the rule change; Representative Leon seconded the motion. The committee voice‑voted the item approved.
Committee members recorded that the statutory change followed implementation of legislation identified as HB 655 and an implementing item described in the record as 106 that became effective Jan. 7 (as discussed by OPLC counsel). Committee members said they will pursue a legislative amendment in the general rules for licensing boards to ensure every board can form subcommittees when the legislature intends that authority.
The committee approved rule 25‑25 and moved on to the next agenda item.
