NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 672

HOUSE BILL 837

 

 

AN ACT TO REWRITE ARTICLE 12 OF CHAPTER 90 OF THE GENERAL STATUTES CONCERNING LICENSURE OF PODIATRISTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 90, Article 12 of the General Statutes is hereby rewritten as follows:

"§ 90-188.  Podiatry defined — Podiatry as defined by this Article is the surgical or medical or mechanical treatment of all ailments of the human foot, except the amputation of the foot or toes or the administration of an anesthetic other than local and except the correction of clubfoot deformity and triple arthrodesis.

"§ 90-189.  Unlawful to practice unless registered. — No person shall practice podiatry unless he shall have been first licensed and registered so to do in the manner provided in this Article, and if any person shall practice podiatry without being duly licensed and registered, as provided in this Article, he shall not be allowed to maintain any action to collect any fee for such services. Any person who engages in the practice of Podiatry (unless licensed and registered) as hereinabove defined, or who attempts to do so, or who professes to do so shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine or imprisonment or both in the discretion of the court. Each act of such unlawful practice shall constitute a separate offense.

"§ 90-190.  Board of Podiatry Examiners; how elected; terms of office; powers; duties. — There shall be established a Board of Podiatry Examiners for the State of North Carolina. This board shall consist of three members who shall be elected by a vote of all licensed podiatrists who are practicing in the State of North Carolina and who are members of the North Carolina Podiatry Society. All of such members of the board shall be licensed podiatrists who have practiced podiatry in North Carolina for a period of not less than five years immediately prior to their election. The members of the board shall be elected for a term of three years; Provided, however, one of the original board shall serve a term of one year; one, two years; and one, three years. The members of the former board shall serve until the new board is elected. The board shall have authority to elect its own presiding and other officers, and may also elect a person to fill an unexpired term. The board, in carrying out its responsibilities, shall have authority to employ personnel, full-time or part-time, as shall be determined to be necessary in the work of the board. The board shall have authority to pay compensation to the member of the board holding the position of secretary-treasurer on a basis to be determined by the board. The board is required to keep proper and complete records with respect to all of its activities, financial and otherwise, and shall on or before January 30 of each year submit a written report to the Governor and to such other officials and/or agencies as other sections of the General Statutes may require, said report covering the activities of the board during the previous calendar year, which report shall include a verified financial statement. The board is authorized to adopt rules and regulations governing its proceedings and the practice of podiatry in this State, not inconsistent with the provisions of this Article. The board shall maintain at all times an up‑to‑date list of the names and addresses of each licensed podiatrist in North Carolina, which list shall be available for inspection and which shall be included in the annual report referred to above.

"§ 90-191.  Applicants to be examined; examination fee; requirements. — Any person not heretofore authorized to practice podiatry in this State shall file with the Board of Podiatry Examiners an application for examination accompanied by a fee not to exceed one hundred dollars ($100.00), together with proof that the applicant is more than 18 years of age, is of good moral character, and has obtained a preliminary education equivalent to four years of instruction in a high school and two years of instruction in a college or university approved by the American Association of Colleges and Universities. Such applicant before presenting himself for examination must be a graduate of a College of Podiatric Medicine accredited by the National Council of Education of American Podiatry Association.

"§ 90-192.  Examinations; subjects; certificates.— The Board of Podiatry Examiners shall hold at least one examination annually for the purpose of examining applicants under this Article. The examination shall be at such time and place as the board may see fit. The board may make such rules and regulations as it may deem necessary to conduct its examinations and meetings. It shall provide, preserve and keep a complete record of all its transactions. Examinations for registration under this Article shall be in the English language and shall be written, oral, or clinical, or a combination of written, oral or clinical, as the board may determine, and may include the following subjects: anatomy, physiology, bacteriology, chemistry, dermatology, podiatry, surgery, materia medica, pharmacology and pathology. No applicant shall be granted a license certificate by the board unless he obtains a general average of 75 or over, and not less than fifty percent (50%) in any one subject. After such examination the board shall without unnecessary delay, act on same and issue license certificates to the successful candidates signed by each member of the board; and the Board of Podiatry Examiners shall report annually to each licensed podiatrist in the State of North Carolina.

"§ 90-193.  Reexamination of unsuccessful applicants. — An applicant failing to pass his examination shall within one year be entitled to reexamination upon the payment of an amount not to exceed one hundred dollars ($100.00), but not more than two reexaminations shall be allowed any one applicant. Should he fail to pass his third examination he shall file a new application before he can again be examined.

"§ 90-194.  Revocation of certificate; grounds for, suspension of certificate. — (a) The North Carolina State Board of Podiatry Examiners, in accordance with Chapter 150 (Administrative Procedure Act) of the General Assembly, shall have the power and authority to:

(1)        Refuse to issue a license to practice podiatry;

(2)        Refuse to issue a certificate of renewal of a license to practice podiatry;

(3)        Revoke or suspend a license to practice podiatry; and

(4)        Invoke such other disciplinary measures, censure, or probative terms against a licensee as it deems fit and proper; in any instance or instances in which the board is satisfied that such applicant or licensee:

(1)        Has engaged in any act or acts of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal thereof;

(2)        Is a chronic or persistent user of alcohol intoxicants or habit-forming drugs or narcotics to the extent that the same impairs his ability to practice podiatry;

(3)        Has been convicted of any of the criminal provisions of this Article or has entered a plea of guilty or nolo contendere to any charge or charges arising therefrom;

(4)        Has been convicted of or entered a plea of guilty or nolo contendere to any felony charge or to any misdemeanor charge involving moral turpitude;

(5)        Has been convicted of or entered a plea of guilty or nolo contendere to any charge of violation of any state or federal narcotic or barbiturate law; f

(6)        Has engaged in any act or practice violative of any of the provisions of this Article or violative of any of the rules and regulations promulgated and adopted by the board, or has aided, abetted or assisted any other person or entity in the violation of the same;

(7)        Is mentally, emotionally, or physically unfit to practice podiatry or is afflicted with such a physical or mental disability as to be deemed dangerous to the health and welfare of his patients. An adjudication of mental incompetency in a court of competent jurisdiction or a determination thereof by other lawful means shall be conclusive proof of unfitness to practice podiatry unless or until such person shall have been subsequently lawfully declared to be mentally competent;

(8)        Has employed or procured any person to obtain or solicit professional patronage or has personally solicited professional patronage;

(9)        Has permitted the use of his name, diploma or license by another person either in the illegal practice of podiatry or in attempting to fraudulently obtain a license to practice podiatry;

(10)      Has engaged in such immoral conduct as to discredit the podiatry profession;

(11)      Has obtained or collected or attempted to obtain or collect any lee through fraud, misrepresentation, or deceit;

(12)      Has been negligent in the practice of podiatry;

(13)      Is not professionally competent in the practice of podiatry;

(14)      Has practiced any fraud, deceit or misrepresentation upon the public or upon any individual in an effort to acquire or retain any patient or patients;

(15)      Has made fraudulent or misleading statements pertaining to his skill, knowledge, or method of treatment or practice;

(16)      Has committed any fraudulent or misleading acts in the practice of podiatry;

(17)      Has, directly or indirectly, advertised in any manner for professional patronage or business; provided, however, that it shall not be considered advertising for a podiatrist, duly licensed to practice in this State, to place his name, office address, telephone number, and office hours in an approved register or other publication, or to place his name, followed by the word, 'podiatrist,' on the door or window of his office, or to place his name before the public in any manner expressly approved by the board;

(18)      Has used or permitted another to use his name, as a podiatrist, in promoting the sale or advertisement of any product or service;

(19)      Has wrongfully or fraudulently or falsely held himself out to be or represented himself to be qualified as a specialist in any branch of podiatry;

(20)      Has persistently maintained, in the practice of podiatry, unsanitary offices, practices, or techniques;

(21)      Is a menace to the public health by reason of having a serious communicable disease;

(22)      Has distributed or caused to be distributed any intoxicant, drug, or narcotic for any other than a lawful purpose; or

(23)      Has engaged in any unprofessional conduct as the same may be, from time to time, defined by the rules and regulations of the board.

(b)        If any person engages in or attempts to engage in the practice of podiatry while his license is suspended, his license to practice podiatry in the State of North Carolina may be permanently revoked.

(c)        Action of the board shall be subject to judicial review as provided by Chapter 150 (Administrative Procedure Act).

"§ 90-195.  Fees for certificates and examinations; compensation of board. — To provide a fund in order to carry out the provisions of this Article the board shall charge not more than one hundred dollars ($100.00) for each license issued and one hundred dollars ($100.00) for each examination. From such funds the board shall pay its members at the rate set out in G.S. 93B-5: Provided, that at no time shall the expenses exceed the cash balance on hand.

"§ 90-196.  Annual fee; cancellation or renewal of license. — On or before the first day of July of each year every podiatrist engaged in the practice of podiatry in this State shall transmit to the secretary-treasurer of the said North Carolina State Board of Podiatry Examiners his signature and post office address, the date and year of his or her certificate, together with a fee to be set by the Board of Podiatry Examiners not to exceed fifty dollars ($50.00) and receive therefor a renewal certificate. Any license or certificate granted by said board under or by virtue of this section shall automatically be cancelled and annulled if the holder thereof fails to secure the renewal herein provided for within a period of 30 days after the first day of July of each year, and such delinquent podiatrist shall pay a penalty for reinstatement of twenty-five dollars ($25.00) for each succeeding month of delinquency until a six-month period of delinquency exists. After a six- month period of delinquency exists or after January 1st following the July 1st deadline, the said podiatrist must appear before the North Carolina Board of Podiatry Examiners and take a new examination before being allowed to practice podiatry in the State of North Carolina.

"§ 90-197.  Continuing education courses required. — Beginning May 1, 1976, all registered podiatrists then or thereafter licensed in the State of North Carolina shall be required to take annual courses of study in subjects relating to the practice of the profession of podiatry to the end that the utilization and application of new techniques, scientific and clinical advances, and the achievements of research will assure expansive and comprehensive care to the public. The length of study shall be prescribed by the board but shall not exceed 25 hours in any calendar year. Attendance must be at a course or courses approved by the board. Attendance at any course or courses of study are to be certified to the board upon a form provided by the board and shall be submitted by each registered podiatrist at the time he makes application to the board for the renewal of his license and payment of his renewal fee. The board is authorized to treat funds set aside for the purpose of continuing education as State funds for the purpose of accepting any funds made available under federal law on a matching basis for the promulgation and maintenance of programs of continuing education. This requirement may be waived by the board in cases of certified illness or undue hardship as provided in the rules and regulations of the board.

"§ 90-198.  Free choice by patient guaranteed. — No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service under the laws of the State of North Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose the provider of care or service which are within the scope of practice of a duly licensed podiatrist or duly licensed physician as defined in this Chapter.

"§ 90-199.  Injunctions. — The board may appear in its own name in the superior courts in an action for injunctive relief to prevent violation of this Article and the superior courts shall have power to grant such injunctions regardless of whether criminal prosecution has been or may be instituted as a result of such violations.

"§ 90-200.  Not applicable to physicians. — Nothing in this Article shall apply to a physician licensed to practice medicine or to a person acting under the supervision or at his direction in the course of such practice."

Sec. 2.  Upon the effective date of Chapter 150A of the General Statutes, the reference to Chapter 150 in G.S. 90-194 shall be amended to refer to Chapter 150A.

Sec. 3.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 18th day of June, 1975.