N.D. Admin. Code Title 63 — Board of Podiatric Medicine

Article 63-01 General Administration

Chapter 63-01-01 Organization of Board

N.D. Admin. Code 63-01-01-01 Organization and function of board of podiatric medicine

1.History. In 1929 the legislative assembly enacted the Podiatry Practice Act, which is codified as North Dakota Century Code chapter 43-05. The chapter provides for a board of podiatric medicine.

2.Function. The function and responsibility of the board is to examine and license qualified applicants for licensure, ensure the continuing qualifications and general educational background of podiatrists, determine discipline for podiatrists who violate general statute or this title, regulate the practice of podiatric medicine in North Dakota, and perform such other duties as may be required by general statute or this title.

3.Board membership. The board consists of six members appointed by the governor. Four of the members are doctors of podiatric medicine. One member is a doctor of medicine. One member is designated as a public member. The board members annually elect by majority vote from the board membership the president, vice president, and secretary-treasurer and such other officers as are established by the board. Members of the board who are doctors of podiatric medicine shall serve four-year terms arranged so that no more than two terms expire each year.

History

• History: Amended effective October 1, 1982; December 1,1991; April 1, 2013.
• General Authority: NDCC 43-05-03
• Law Implemented: NDCC 43-05-03

Chapter 63-01-02 Duties of Officers

N.D. Admin. Code 63-01-02-01 Duties of president

The president of the board shall serve as the presiding officer at all meetings or hearings held by the board. The president shall call meetings; approve and keep in custody the bond of the secretary-treasurer; sign all licenses; approve all expenditures of funds during the intervals between board meetings; sign the minutes of each meeting when they are approved; assign subjects to board members for use in examination of candidates; supervise all examinations given by the board; and carry out all other duties that may pertain to the president's office.

History

• History: Effective October 1, 1982.
• Law Implemented: NDCC 43-05-04

N.D. Admin. Code 63-01-02-02 Duties of vice president

The vice president shall assume all duties of the president in the event of the president's inability to perform the duties of the office because of absence or ill health. The vice president shall assume the office of president should that office be vacated. Further, the vice president shall perform any other duty assigned by the president.

History

• History: Effective October 1, 1982.
• Law Implemented: NDCC 43-05-04, 43-05-08

N.D. Admin. Code 63-01-02-03 Duties of secretary-treasurer

The secretary-treasurer shall be in charge of the books, records, property, and money of the board and is responsible for administration of the board's activities. The secretary-treasurer shall conduct the board's correspondence, keep and preserve all applications and records for at least six years beyond the disposition of the application or record or the last annual registration of the licensee, whichever is longer, keep a complete and accurate record of the business transactions at all meetings, and of all fees received and expenses paid under the rules, and shall report the same to the board annually or as otherwise required by the board or the members thereof. The secretary-treasurer shall also:

1.Keep a complete record listing of the names and addresses of all persons to whom licenses have been granted with the number and date of issue of each license.

2.Collect application and licensing fees and license renewals, giving a receipt therefor, and deposit to the account of the North Dakota state board of podiatric medicine all money received not later than the first day of the calendar month following the receipt of the money.

3.Receive and submit to the board for approval all applications for licenses and temporary permits.

4.Notify the members of the board in writing of the dates and places of all regular and special meetings of the board. No agenda or purpose for any meeting needs to be stated in the written notice of any meeting.

5.At the specific direction of the board, provide notice to all podiatrists and the public of regular and special meetings of the board.

6.Notify applicants for licensure of the dates, times, and places of examination and the personal appearance.

7.Keep a confidential file of all forfeited, revoked, or suspended licenses and the reasons for the board action with respect to these licenses. Such information will be kept confidential, but may be released to any other state board inquiring about a candidate for licensure in that state, or as required by state law or as in the discretion of the board.

8.Such other duties as are assigned by the board.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• Law Implemented: NDCC 43-05-04, 43-05-07

N.D. Admin. Code 63-01-02-04 Other duties

The officers and members of the board shall perform such other duties as are required by law. The board shall have the authority to create additional offices and appoint such additional officers from the board and specify the duties pertaining thereto or create such committees composed of members of the board and specify the duties of such committees as the board shall determine.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• Law Implemented: NDCC 43-05-0240 , 43-05-03, 43-05-04,43-05-08

Chapter 63-01-03 Inquiries and Communications

N.D. Admin. Code 63-01-03-01 Inquiries and communications

Any inquiries, communications, or complaints concerning the board of podiatric medicine should be sent to:

Executive Secretary North Dakota Board of Podiatric Medicine 4309 Kodiak Place Bismarck, ND 58503

History

• History: Effective October 1, 1982; amended effective December 1, 1991; April 1, 2013.
• General Authority: NDCC 43-05-03
• Law Implemented: NDCC 43-05-03, 43-05-08

Chapter 63-01-04 Procedure of Board

N.D. Admin. Code 63-01-04-01 Procedure of board

1.North Dakota Century Code chapter 28-32 is adopted as the rules of procedure of the board of podiatric medicine and is controlling except as otherwise required by statute or provided in this title.

2.The board shall hold an annual meeting at the call of the president, or at the call of two board members if the president has failed to call for the annual meeting. Attendance without objection to the lack of prior written notice by a board member constitutes waiver of notice of the annual meeting.

3.The president or any two members of the board may call a special meeting of the board and attendance at any special meeting without objection to the lack of prior written notice by a board member shall constitute waiver of notice of any special meeting. Special meetings may take place by use of telephone conference or other like modes of communication as determined by the person or persons calling the meeting.

4.If a member of the board is absent from two consecutive regular or special meetings or two consecutive meetings, the board may declare that member's position to be vacant, provided that the absent board member is given notice and an opportunity to be heard before the board prior to the board's determination that a vacancy exists.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-04

Chapter 63-01-05 Definitions

N.D. Admin. Code 63-01-05-01 Definitions

For purposes of this title, unless the context or subject matter otherwise requires:

1."Board" means the North Dakota board of podiatric medicine.

2."Clinical residency" means a formal, structured postdoctoral training program sponsored by and conducted in an accredited institution such as a hospital or ambulatory health care facility or conducted by a college of podiatric medicine accredited by the council on podiatric medical education or the American podiatric medical association. The residency must:

a.Provide the podiatric medical graduate with a well-rounded exposure in preparation for management of podiatric conditions and diseases as they are related to systemic diseases;

b.Develop the podiatric medical graduate in the art of preventing and controlling podiatric conditions and diseases and in the promotion of foot health principally through mechanical and rehabilitative methods;

c.Provide the podiatric medical graduate with clinical experience necessary to refine competency in the podiatric medical and surgical care of the foot as defined by the statutory scope of practice; or

d.Provide the podiatric medical graduate with clinical experience necessary to become competent in the full scope of advanced podiatric medicine and surgery.

3."Podiatric medicine" means:

a.The medical and surgical treatment and diagnosis of ailments of the human foot, ankle, and other related soft tissue structures below the tibial turberosity that govern the functions of the foot and ankle, not including extra articular osseous injuries above the distal metaphyseal scar. Podiatrists may treat and diagnose conditions of the foot and ankle by any medically accepted system or method necessary;

b.The amputation of the toes, parts of the foot, or foot in its entirety, indicated as medically necessary;

c.The use of such preparations, medicines, and drugs as may be necessary for the treatment of such ailments;

d.The performance of history and physical examinations upon admitting patients to facilities where they are recognized with requisite credentials and privileges;

e.That podiatrists may function as assistant surgeons in nonpediatric procedures; and

f.That podiatric medical residents working under a temporary permit may fully participate in rotations and assist and perform treatments and diagnosis beyond the foot and ankle, under appropriate supervision within an approved residency program as part of their medical surgical training.

4."Podiatrist" means a person who is qualified or authorized to practice podiatric medicine in North Dakota.

5."Preceptorship" means a formal, structured postdoctoral training program, with written objectives appropriate to all aspects of the program and a written evaluation process, conducted by a podiatrist primarily in an office-based setting and controlled and supervised by a college of podiatric medicine accredited by the council on podiatric medical education or the American podiatric medical association. The preceptorship must provide the recent podiatric medical graduate sufficient experiences to have further patient care exposure, to improve clinical management and communication skills, and to obtain increased self-confidence.

Preceptor requirements must include the following:

a.Provide training in the care of children and adults that offers experience as defined by the statutory scope of practice including drug therapy, radiology, local anesthesia, analgesia, biomechanics, physical medicine, rehabilitation, and the following surgeries:

(1)Nail;

(2)Digital;

(3)Soft tissue;

(4)Forefoot;

(5)Metatarsal;

(6)Midfoot; and (7)Rearfoot or ankle.

b.Hold a clinical appointment at a podiatric medical school or be a member of the teaching staff of a hospital sponsoring a residency program.

c.Have a hospital staff appointment with podiatric surgical privileges; however, the granting of staff privileges is solely within the discretion of individual institutions; and

d.Not have been the subject of disciplinary action concerning professional conduct or practice.

6."Title" or "this title" means title 63 of the North Dakota Administrative Code.

History

• History: Effective December 1, 1991; amended effective January 1, 1998; April 1, 2016.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-01, 43-05-11

Article 63-02 Licensure

Chapter 63-02-01 Application

N.D. Admin. Code 63-02-01-01 Application requirements

Every person applying for an annual license to practice podiatric medicine shall submit the following materials no later than thirty days preceding the date of the personal appearance or the oral-practical examination:

1.A completed application form provided by the board.

2.A certified copy of a diploma from an approved or recognized school of podiatric medicine, or its equivalent as determined by the board, granted to the applicant by such school.

3.A certified transcript from a recognized or approved school of podiatric medicine which contains the date of graduation, degree granted, and the original seal of the school.

4.Three reference letters regarding the character of the applicant; no more than two from teachers or doctors of podiatric medicine, and none from relatives.

5.An unmounted photograph of approximately three by four inches [7.62 by 10.16 centimeters] of the applicant, taken within one hundred twenty days of the date of the application, and signed across the front by the applicant.

6.An application fee and annual licensing fee.

7.For applicants graduating from and after July 1, 1991, evidence of satisfactory completion of a program of clinical residency. A preceptorship program qualifies as a clinical residency only until January 1, 1995.

8.Evidence of satisfactory completion of all parts of the American podiatric medical licensing examination.

9.The applicant shall provide all information necessary for the board to perform individual state background checks in each state in which the applicant has resided since the applicant's eighteenth birthday.

10.The name and address of the applicant's professional liability insurance.

11.A statement as to the disposition of any medical malpractice settlement or award relating to medical treatment by the applicant.

12.A primary source licensure verification of all state medical, podiatric, or professional license held by the applicant.

History

• History: Amended effective October 1, 1982; December 1, 1991; April 1, 2013; October 1, 2020.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-01(2), 43-05-10, 43-05-11, 43-05-12, 43-05-15

N.D. Admin. Code 63-02-01-02 Recognized school

A recognized or approved school of podiatric medicine means one accredited by the council on podiatric medical education of the American podiatric medical association. The board, however, reserves the right to add to or take from the accredited list of American schools of podiatric medicine by a majority vote of the board. Foreign schools not approved by the council on podiatric medical education of the American podiatric medical association shall be evaluated from curriculum, catalogs, professors, and other data furnished by the applicant to the board, and translated into English, and such translations certified to the board by the United States counsel or other qualified persons approved by the board.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-10, 43-05-11

N.D. Admin. Code 63-02-01-03 Application refunds

Repealed effective December 1, 1991.

Chapter 63-02-02 Examination

N.D. Admin. Code 63-02-02-01 Examination contents

Examinations shall have two parts: written and oral-practical. The written and oral-practical examinations are scored separately and an applicant must achieve a passing grade on each examination to become qualified for license.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.

N.D. Admin. Code 63-02-02-02 Examination

The board utilizes the examination given by the national board of podiatric medical examiners for its written and oral-practical examinations and requires a passing score in all sections of part I, part II, and part III as recorded by the national board of podiatric medical examiners. An applicant is responsible for arranging one's own examinations with the national board of podiatric medical examiners, and with providing primary source verification of the scores to the board.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; October 1, 2020.

N.D. Admin. Code 63-02-02-03 Oral-practical examination

All oral-practical examinations will be conducted by the board annually in the months of May through July unless otherwise arranged by the board.

1.Every applicant who has demonstrated passage of the written portion of the examination will be eligible to take the oral-practical examination.

2.The board will notify each applicant found eligible to take the oral-practical examination of the time and place scheduled for that applicant's oral-practical examination not less than thirty days in advance.

3.The subjects covered on the practical portion of the examination are diagnosis, surgery, biomechanics, emergencies, patient care, ethics, and theory in practice.

4.Failure of an applicant to appear for examination as scheduled will void the application, and will require the applicant to reapply for licensure, unless prior scheduling arrangements have been made with the board.

5.An applicant failing the oral-practical examination may be reexamined at the next regularly scheduled examination period for an additional reapplication fee, if the applicant completes an application within one year.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.

N.D. Admin. Code 63-02-02-04 Personal appearance

All applicants for license must be scheduled for and attend a personal appearance before one or more members of the board when the other requirements for licensure have been met. The board may require the applicant, at the personal appearance, to respond satisfactorily to questions regarding ethics of practice, the applicant's familiarity with North Dakota Century Code chapter 43-05 and this title, and questions derived from examination. The board may combine the oral-practical examination and the personal appearance.

History

• History: Effective December 1, 1991; amended effective October 1, 2020.

N.D. Admin. Code 63-02-02-05 Application nullification

1.The board will nullify an application for licensure if the applicant fails to complete the application process within twenty-four months after submission of the application or notification by the board of a deficiency, whichever is later, unless a different action is agreed upon during a disciplinary proceeding or pursuant to a reinstatement of license proceeding.

2.For a nullified application, the fees are forfeited and the application and other documents have no further force or effect. If the applicant later desires licensure, a new application and documentation must be submitted and the applicable requirements met.

History

• History: Effective December 1, 1991.
• Law Implemented: NDCC 43-05-08, 43-05-12

Chapter 63-02-03 License

N.D. Admin. Code 63-02-03-01 License issuance

Every applicant who satisfies the requirements for licensure or whose reciprocity has been accepted by the board shall be issued an official annual license to practice podiatric medicine in North Dakota.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; October 1, 2020.

N.D. Admin. Code 63-02-03-02 License display

Every podiatrist to whom an annual license has been issued shall keep the license conspicuously in one's office or place of business, and shall whenever required exhibit the license to any member or representative of the board. If a licensee has more than one office or place of business, official duplicates of the current annual license must be obtained and prominently displayed in each office.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; January 1, 1998.

N.D. Admin. Code 63-02-03-03 Notification of address

Every licensed podiatrist must notify the board's secretary-treasurer of one's business address within thirty days of opening one's first office, all other offices, or moving of offices.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.

Chapter 63-02-04 Temporary and Provisional License and Temporary Permit

N.D. Admin. Code 63-02-04-01 Temporary license

Upon application for licensure, the board may issue a temporary license to practice podiatric medicine in North Dakota. The applicant shall submit all materials required for an annual license and license by reciprocity and pay the required application fee and temporary licensing fee. The application and documentary evidence submitted by the applicant shall be reviewed by one or more members of the board, and upon their finding that the applicant is qualified, the board may issue a temporary license to practice podiatric medicine in North Dakota to the applicant until the applicant's personal appearance at the next regular board meeting. If the applicant is unable to appear at the next regular board meeting for reason of illness or personal hardship, the applicant must reapply for licensure and must again pay the application fee.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; October 1, 2020.
• Law Implemented: NDCC 43-05-08

N.D. Admin. Code 63-02-04-02 Temporary permit

1.An applicant for a temporary permit to practice podiatric medicine in North Dakota must submit a complete acceptable application for an annual license and pay the required fee for a temporary permit and the application fee. The applicant must submit written evidence that the applicant has been accepted as a resident in a clinical residency program and that the clinical residency program meets the standards set forth in this title.

2.A granted temporary permit is valid for the period of clinical residency training, renewed annually until the clinical residency training requirements are completed, or until such time as the clinical residency training program is terminated or discontinued.

3.The temporary permit is automatically revoked if an applicant has engaged in conduct that constitutes grounds for denial of licensure or disciplinary action, discontinues training, or moves out of North Dakota under the procedures of automatic revocation as set forth in North Dakota Century Code section 43-05-16.2.

4.The scope of practice of the temporary permitholder is limited to the performance of podiatric medicine, or as otherwise provided within the structure of the clinical residency program within which the temporary permitholder is enrolled, and is not authorization for independent practice.

History

• History: Effective December 1, 1991; amended effective April 1, 2013.
• Law Implemented: NDCC 43-05-12, 43-05-16.2

N.D. Admin. Code 63-02-04-03 Provisional license

1.An applicant who has submitted an application for full licensure and:

a.Has indicated the applicant is a spouse of an individual serving in the national guard or armed forces currently stationed in North Dakota;

b.Has provided copies of a military identification and current orders, or other supporting documents that meet the approval of the board;

c.Has demonstrated competency in the field of podiatric medicine; and

d.Has practiced podiatric medicine for at least two of the previous four years;

Must be issued a provisional license to practice podiatric medicine within thirty days from receipt of the fully completed and executed application provided the board determines the issuance of a provisional license will not substantially increase the risk of harm to the public.

2.A provisional license expires:

a.On the date the application for full licensure has been either granted or denied by the board; or

b.Two years from the date of issuance.

3.A provisional license may be revoked if the board determines:

a.The applicant has failed to comply with the terms of the provisional license; or

b.The revocation of the provisional licensure is necessary to protect the health and safety of the public.

4.Any license granted under North Dakota Century Code section 43-51-11.1 is subject to all rules and regulations under North Dakota Century Code chapter 43-05 and article 63-02.

5.A licensure fee may not be required for a provisional license.

History

• History: Effective October 1, 2020.
• Law Implemented: NDCC 43-51-11.1

Chapter 63-02-05 License by Reciprocity

N.D. Admin. Code 63-02-05-01 License by reciprocity

1.All applicants for license by reciprocal agreement shall submit a completed application form provided by the board and shall comply with all application requirements set forth in this

chapter. In addition to the required primary source licensure verification, the applicant also shall cause to be submitted a statement from a licensure board verifying that the applicant has engaged in the practice of podiatric medicine in that state for the two immediately preceding years. Reciprocity can be granted only with those states or Canadian provinces honoring reciprocity with North Dakota.

2.Such licenses by reciprocity may be granted without examination as is otherwise required in this title. The applicant must not have had the applicant's license to practice podiatric medicine suspended or revoked or engaged in conduct warranting or which would have warranted disciplinary action against a licensee if the conduct was committed in North Dakota, the licensing state or Canadian province, or elsewhere.

3.Such applicant for a license by reciprocity must not have been subjected to disciplinary action in any licensing state or Canadian province.

4.If such an applicant does not satisfy all the requirements set forth herein, the board shall not license such an applicant unless the board determines that the public will be protected through issuance of a license with such conditions or limitations, for such a period as determined by the board, that will guard the public health, safety, and welfare.

5.All applicants for license by reciprocity must be scheduled for and attend a personal appearance before one or more members of the board when the other requirements for licensure by reciprocity have been met. The board may require the applicant for license by reciprocity, at the personal appearance, to respond satisfactorily to questions regarding ethics of practice, the applicant's familiarity with North Dakota Century Code chapter 43-05 and this title, and questions derived from the oral-practical examination.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; October 1, 2020.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-14

Chapter 63-02-06 Honorary License

N.D. Admin. Code 63-02-06-01 Honorary license

An honorary license may be granted to those individuals having demonstrated special services for podiatrists and the public of North Dakota. An honorary license does not confer the right or privilege to practice podiatric medicine in North Dakota.

History

• History: Effective October 1, 1982.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-08

Chapter 63-02-07 Reinstatement of License

N.D. Admin. Code 63-02-07-01 Reinstatement of license

1.Except as is otherwise provided for reinstatement of licenses for delinquency in renewals, any podiatrist whose license or permit to practice podiatric medicine has been properly revoked, suspended, or placed on probation by the board may apply for reinstatement after the time set forth in the disciplinary ruling. The application must be in writing, must set forth why the license should be reinstated, and must be accompanied by the appropriate relicensure fee and license fee. At its first regular meeting after receiving the application for reinstatement, the board shall make an inquiry, and shall render a decision with reference to any application for reinstatement, in accordance with North Dakota Century Code chapter 43-05 and this title.

2.Except as is otherwise provided for reinstatement of licenses for delinquency in renewal, upon a podiatrist's compliance with the requirements of this section, the podiatrist's license or permit may be reinstated. The podiatrist requesting reinstatement of a license or permit shall submit the following materials:

a.An application form and relicensure fee and license fee;

b.Verification of licensure status from each state in which the podiatrist has held an active license during the five years preceding application;

c.If the license or permit has been inactive for five years or less, evidence of participation in fifteen hours of acceptable continuing education for each year that the license was expired or terminated up to seventy-five hours;

d.If the license or permit has been inactive for more than five years, evidence of continuing competency as shown by submission of seventy-five hours of acceptable continuing education obtained during the five years immediately before application; and

e.Other evidence as the board may reasonably require.

3.No license or permit that has been suspended or revoked by the board will be reinstated unless the former licensee or permittee provides evidence of full rehabilitation from the cause or causes for which the license was suspended or revoked and complies with the other reasonable conditions imposed by the board for the purpose of establishing the extent of rehabilitation. In addition, if the disciplinary action was based in part on failure to meet continuing education requirements, the license or permit will not be reinstated until the former licensee or permittee has successfully completed the requirements. The board may require the licensee or permittee to pay the costs of the proceedings resulting in the suspension or revocation of a license or permit under its disciplinary authority and the reinstatement or issuance of a new license or permit. A licensee or permittee who has been disciplined by the board in a manner other than by suspension or revocation may be required by the board to pay the costs of the proceedings resulting in the disciplinary action.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-08, 43-05-16.2

Chapter 63-02-08 Fees

N.D. Admin. Code 63-02-08-01 Fees

All remittances must be made payable to the North Dakota board of podiatric medicine and must be paid in United States money and are not refundable except as otherwise provided in section

N.D. Admin. Code 63-02-08-02 The type of fees and amounts are:

1.Application fee$300

2.Application fee based on reciprocity$300

3.Temporary license fee$300

4.Delinquent renewal fee$100

5.Relicensure fee$300

6.Annual license fee or annual license renewal fee$750

7.Temporary permit fee$200

8.Reexamination license fee$300

9.Duplicate/replacement fee$10 for each

10.Certificate of professional license$20

11.Written verification of licensure$20

History

• History: Effective October 1, 1982; amended effective December 1, 1991; October 18, 1996; April 1, 2013; April 1, 2016.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-08, 43-05-10, 43-05-12, 43-05-13, 43-05-14, 43-05-15

N.D. Admin. Code 63-02-08-02 Proration of licensing or permit fees

All applicants for an initial annual, temporary, or reciprocal license or temporary permit shall pay the prorated amount of the license or permit fee as established in section 63-02-08-01 calculated upon a calendar month basis based upon the date of issuance of the license or permit. There may be no proration of any application fee or relicensure fee, and any application fee or relicensure fee must be construed as a separate and distinct fee and is not refundable.

History

• History: Effective December 1, 1991.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-08

Article 63-03 License Renewal

Chapter 63-03-01 General Administration

N.D. Admin. Code 63-03-01-01 General administration

Each licensedpodiatrist shall annually register and renew the podiatrist's license with the board and pay such renewal fee as is set forth in this title. On or before December first of each year, the board shall mail to each licenseholder, at the holder's last known address as it appears in the records of the board, an application form on which to apply for renewal of the license. Each podiatrist shall complete the application form and return it, together with the required renewal fee, along with satisfactory evidence of completion of continuing education requirements40 , to the office of the board prior to the next succeeding January first. Upon receipt of the renewal application and fee, the board shall provide each practitioner with a renewal license specifying the period of time covered. The license renewal term is twelve months beginning January first and ending December thirty-first. Applications received and postmarked after January first of the year for which the license is being renewed will be returned for addition of the delinquent renewal fee. A podiatrist must maintain at all times with the board a correct mailing address for each of their offices to receive board communications and notices. A podiatrist who has changed addresses must notify the board in writing immediately of each new address. A licensee or permittee who has changed names must notify the board in writing as soon as possible and request a revised renewal certificate and pay the replacement fee. The board may require substantiation of the name change by requiring official documentation. Placing a notice in first-class United States mail, postage prepaid and addressed to the licensee or permittee at the licensee's or permittee's last known address, constitutes valid service.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-09, 43-05-15

Chapter 63-03-02 Continuing Education

N.D. Admin. Code 63-03-02-01 Continuing education requirements

A licensed podiatrist shall at the time of submitting the annual renewal application and as a condition of renewal submit to the board satisfactory evidence of having completed a minimum of sixty hours of study in the continuing education courses approved by the board and completed during the thirty-six months preceding renewal. If a podiatrist has not been licensed the full thirty-six months preceding renewal, a licensed podiatrist shall submit satisfactory evidence showing completion of a minimum of twenty hours of study in the continuing education courses approved by the board for each calendar year of licensure, not including the year of licensure.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; April 1, 2013.
• Law Implemented: NDCC 43-05-10, 43-05-11

N.D. Admin. Code 63-03-02-02 First-year licensure satisfies requirement

Passing the licensure examination completes the continuing education requirement for that license year or the successful enrollment in a clinical residency program for any person holding a temporary permit completes the continuing education requirement for that temporary permit year.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.

N.D. Admin. Code 63-03-02-03 Satisfactory evidence of course attendance

Satisfactory evidence of attendance must be attached to the statement demonstrating sufficient continuing education. The evidence must consist of a copy of a certification of attendance including the dates, title, and sponsors of the course. However, the board in its discretion may accept a letter from the applicant listing the above information if a certificate is not available.

History

• History: Effective October 1, 1982.

N.D. Admin. Code 63-03-02-04 Self-study

A licensed podiatrist may receive credits of continuing education annually through self-study, including television viewing, video or sound recorded programs, correspondence work, online courses, research, preparation and publication of scholarly works, or by other similar methods. However, the board may request podiatrists using these methods to receive prior approval of the board by means of a letter specifying the education methods and contents and assurances they are of value to the applicant together with any other information requested by the board.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; April 1, 2013.

N.D. Admin. Code 63-03-02-05 Waiver

The continuing education requirement may be waived by the board acting on an application for waiver by the podiatrist, satisfactorily explaining the podiatrist's basis for seeking such a waiver.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• Law Implemented: NDCC 43-05-11

N.D. Admin. Code 63-03-02-06 Approved courses

1.In order for a continuing education program to be approved by the board, the program must meet the following criteria:

a.The content must be directly related to the practice of podiatric medicine. Subjects such as practice management, risk management, or those not of a scientific nature are not acceptable.

b.The speaker must be a licensed podiatrist, other credentialed health care professional, or person especially qualified to address the subject.

c.The sponsor must provide the attendee a written statement of attendance that includes the name and dates of the program, the name and address of the sponsor, the number of continuing education clock hours granted by the sponsor and approved by the board if prior approval has been sought, the name of the attendee and a signature of the sponsor or designee, or upon completion of the program, the sponsor must send the board a list of attendees.

2.Either the sponsor of a continuing education program or a licensee may submit the program for approval by the board. The following information about the program is required:

a.Name and address of program sponsor;

b.Dates and times of the program;

c.Subject or content matter of each item on the program together with the amount of time devoted to each subject;

d.Name of and identifying information about the speakers or instructors; or

e.Assurance that a written statement of attendance will be given to the podiatrist or that a list of attendees will be sent to the board.

3.The board shall approve each continuing education program for a specific number of clock hours of continuing education. One clock hour is sixty minutes. Partial hours may be granted.

Lunch breaks, rest periods, and other noneducational time will not be included.

History

• History: Effective December 1, 1991; amended effective April 1, 2016.
• Law Implemented: NDCC 43-05-11

Chapter 63-03-03 Delinquency in Renewal

N.D. Admin. Code 63-03-03-01 Nonrenewal of licensure

If the license renewal is not completed by December 31 of any given year, the license shall be delinquent for nonrenewal until such time as the license renewal has been completed or until the license is deemed expired or revoked. If the delinquent license is not renewed on or before June first of any given year, the license is deemed expired. The board may also revoke the license. The board shall send the written notice to the podiatrist's last known address, as it appears in the records of the board, that the license is expired or revoked as of June first. If the license is revoked, the written notice constitutes the commencement of revocation.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; April 1, 2016.
• Law Implemented: NDCC 43-05-08, 43-05-15, 43-05-16.2

N.D. Admin. Code 63-03-03-02 Hearing after revocation

A hearing after revocation shall be held in compliance with North Dakota Century Code chapter 28-32 and shall be held within sixty days of the service of the notice of revocation upon the podiatrist, subject to the podiatrist's right to waive this hearing upon agreement of the podiatrist and the board.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• Law Implemented: NDCC 43-05-15, 43-05-16.2

N.D. Admin. Code 63-03-03-03 Revocation

Repealed effective December 1, 1991.

N.D. Admin. Code 63-03-03-04 Reinstatement

Any practitioner whose license has expired or been revoked for delinquency in renewal must reapply for licensure and must submit the regular application for license, the application fee, renewal fee and delinquency fee, and must pay the costs of the revocation hearing, if held.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; April 1, 2016.
• Law Implemented: NDCC 43-05-08, 43-05-15, 43-05-16.2

Article 63-04 Disciplinary Action

Chapter 63-04-01 General Administration

N.D. Admin. Code 63-04-01-01 Complaint and reports

Any person, public officer, association, or the board may register a complaint against a licensed podiatrist. The complaint must be in writing and must be submitted to the board. Mandatory reporting may be made on forms provided by the board. Any entity or person mandated to report to the board shall provide any further, supplemental, or additional information as may be reasonably requested by the board. Insurers required to submit reports to the board shall send the reports to the board by the first day of the months of February, May, August, and November of each year.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• Law Implemented: NDCC 43-05-08, 43-05-16.5

N.D. Admin. Code 63-04-01-02 Investigation

All complaints alleging or implying violations of North Dakota Century Code chapter 43-05 or this title shall be referred to the board. Upon receipt of a complaint, the board shall conduct the investigation it deems necessary to determine whether any podiatrist has committed any grounds for disciplinary action provided by law. The board shall also provide a copy of the complaint to the podiatrist that is the subject of the complaint and request a written response from such podiatrist.

1.Upon completion of its investigation, the board shall make a finding that the investigation disclosed that:

a.There is insufficient evidence to warrant further action;

b.The conduct of the podiatrist does not warrant further proceedings but the board determines that possible errant conduct occurred that could lead to significant consequences if not corrected. In such a case, the board may take any necessary steps to correct such conduct; or

c.The conduct of the podiatrist indicates that the podiatrist may have committed any of the grounds for disciplinary action provided for by law and which warrants further proceedings.

2.If the board determines that a formal hearing should be held to determine whether any licensed podiatrist has committed any of the grounds for disciplinary action provided for by law, it shall inform the respondent podiatrist of the specific charges to be considered by serving upon that person a copy of a formal complaint filed with the board of podiatric medicine for disposition pursuant to the provisions of North Dakota Century Code chapter 28-32. Any board member that participated in the investigation of the complaint may not participate in any proceeding before the board relating to said complaint. The complaint must be prosecuted before the board by the attorney general or one of the attorney general's assistants.

3.If the board finds that there are insufficient facts to warrant further investigation or action, the complaint must be dismissed and the matter is closed. The board shall provide written notice to the individual or entity filing the original complaint and the person who is the subject of the complaint of the board's final action or recommendations, if any, concerning the complaint.

4.The board may hold a preliminary hearing to determine whether a formal administrative hearing is necessary.

5.The board shall immediately serve or send written notice of suspension or revocation to the affected podiatrist for any ex parte suspension or ex parte revocation, allowed by law, that is approved by the board after preliminary investigation.

History

• History: Effective October 1, 1982; amended effective December 1, 1991; April 1, 2013.
• Law Implemented: NDCC 43-05-08, 43-05-16.2

N.D. Admin. Code 63-04-01-03 Administrative hearing

If the board decides that the complaint requires a formal administrative hearing, the hearing shall be in accordance with North Dakota Century Code chapter 28-32.

1.Upon the conclusion of the hearing, the board shall make findings of fact and conclusions of law and accordingly may take such disciplinary action as is allowed by law.

2.An order of suspension made by the board may contain such provisions as to reinstatement of the license as the board shall direct and as are authorized by law.

3.The board upon good cause may direct a rehearing.

4.Any appeal may be taken in the manner provided in North Dakota Century Code chapter 28-32.

History

• History: Effective October 1, 1982; amended effective December 1, 1991.
• Law Implemented: NDCC 43-05-08, 43-05-16.1, 43-05-16.2

Article 63-05 Waivers and Variances

Chapter 63-05-01 Waivers and Variances

N.D. Admin. Code 63-05-01-01 Waivers and variances

1.Waivers - Application. A licensee or applicant for licensure may petition the board for a time limited waiver of any rule except for any part of a rule which incorporates a statutory requirement. The waiver must be granted if:

a.The rule in question does not address a problem of significance to the public in relation to the practice or application of the petitioner;

b.Adherence to the rule would impose an undue burden on the petitioner; and

c.The granting of a waiver will not adversely affect the public welfare.

2.Waivers - Renewal, reporting, and revocation. A waiver must be renewed upon reapplication according to the procedure described in subsection 1 if the circumstances justifying its granting continue to exist. Any petitioner who is granted a waiver shall immediately notify the board in writing of any material change in the circumstances which justify its granting. A waiver must be revoked if a material change in the circumstances which justify its granting occurs.

3.Variances - Application. A licensee or applicant may petition the board for a time limited variance from any rule except for any part of a rule which incorporates a statutory requirement. A variance must be granted if the petitioner specifies alternative practices or measures equivalent to or superior to those prescribed in the rule in question and provides evidence that:

a.The rationale for the rule in question can be met or exceeded by the specified alternative practices or measures;

b.Adherence to the rule would impose an undue burden on the petitioner; and

c.The granting of the variance will not adversely affect the public welfare.

4.Variances - Compliance. Any petitioner who is granted a variance shall comply with the alternative practices or measures specified in the application for the variance.

5.Variance - Renewal, reporting, and revocation. A variance must be renewed upon reapplication according to the procedure described in subsection 3 if the circumstances justifying its granting continue to exist. Any petitioner who has been granted a variance shall immediately notify the board of any material change in circumstances which justify the granting of the variance. A variance shall be revoked if a material change in the circumstances which justify its granting occurs.

6.Burden of proof. The burden of proof is upon the petitioner to demonstrate to the board that the requirements in subsections 1 and 3 have been met.

7.Statement of reasons. The minutes of any meeting at which a waiver or variance is granted, denied, renewed, or revoked must include the reason for the action.

History

• History: Effective December 1, 1991.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 43-05-08

Article 63-06 Prescriptive Practices

Chapter 63-06-01 Prescription Drug Monitoring Program Rule

N.D. Admin. Code 63-06-01-01 Prescription drug monitoring program rule

1.Every podiatrist with a drug enforcement agency registration number shall register with the prescription drug monitoring program. 2.a.When a podiatrist determines reported drugs will be prescribed to a patient for a period to exceed twelve weeks, the podiatrist shall request a prescription drug monitoring program report for that patient and, at a minimum, at least semiannually thereafter.

b.This requirement does not apply to reported drugs prescribed to patients in a controlled setting in which the drugs are locked and administered to the patient, for example, admitted hospital or hospice patients, long-term care patients or group home residents.

3.In addition to those reports requested under subsection 2, podiatrists shall request a prescription drug monitoring program report when it is documented in the prescribing podiatrist's medical record for that patient that the patient exhibits signs associated with diversion or abuse, including:

a.Selling prescription drugs;

b.Forging or altering a prescription;

c.Stealing or borrowing reported drugs;

d.Taking more than the prescribed dosage of any reported drug;

e.Having a drug screen that indicates the presence of additional or illicit drugs;

f.Being arrested, convicted, or diverted by the criminal justice system for a drug-related offense;

g.Receiving reported drugs from providers not reported to the treating podiatrist;

h.Having a law enforcement or health professional express concern about the patient's use of drugs.

i.Violating any prescribing agreement with the podiatrist;

j.Frequently requests early refills of a reported drug for any reason;

k.Appears impaired or excessively sedated to the podiatrist in any patient encounter; and

l.Has a history of drug abuse dependency.

4.A podiatrist shall document the receipt and assessment of prescription drug monitoring program reports made under this rule.

History

• History: Effective October 1, 2020.
• General Authority: NDCC 43-05-08
• Law Implemented: NDCC 19-03.5-09