North Dakota Board of Podiatric Medicine Statute

North Dakota Board of Podiatric Medicine Statute
(note: this was received via e-mail, paragraph formatting may not be accurate)

TITLE 63

Board of Podiatric Medicine Article: 63-01. General Administration; 63-02. Licensure; 63-03. License Renewal; 63-04. Disciplinary Action; 63-05. Waivers and Variances

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ARTICLE 63-01

General Administration Chapter: 63-01-01. Organization of Board; 63-01-02. Duties of Officers; 63-01-03. Inquiries and Communications; 63-01-04. Procedure of Board; 63-01-05. Definitions

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CHAPTER 63-01-01

Organization of Board Section: 63-01-01-01. Organization and function of board of podiatric medicine; 63-01-01-01. Organization and function of board of podiatric medicine

Statute text

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.
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.

Board membership. The board consists of five members appointed by the governor. Four of the members are doctors of podiatric medicine. One member is a doctor of medicine. 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 one term expires each year.

History

History: Amended effective October 1, 1982; December 1, 1991.: General authority; General Authority: NDCC 28-32-02; Law implemented; Law Implemented: NDCC 28-32-02.1, 43-05-03

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CHAPTER 63-01-02

Duties of Officers Section: 63-01-02-01. Duties of president; 63-01-02-02. Duties of vice president; 63-01-02-03. Duties of secretary-treasurer
63-01-02-04. Other duties

63-01-02-01. Duties of president
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 28-32-02.1, 43-05-04

63-01-02-02. Duties of vice president
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 28-32-02.1, 43-05-04, 43-05-08

63-01-02-03. Duties of secretary-treasurer
Statute text

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:

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.
Collect application and licensing fees and license renewals, giving a receipt therefore, 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.
Receive and submit to the board for approval all applications for licenses and temporary permits.
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.
At the specific direction of the board, provide notice to all podiatrists and the public of regular and special meetings of the board.
Notify applicants for licensure of the dates, times, and places of examination and the personal appearance.
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.
Such other duties as are assigned by the board.

63-01-02-04. Other duties
Statute text

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.

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CHAPTER 63-01-03
Inquiries and Communications Section
63-01-03-01. Inquiries and communications

63-01-03-01. Inquiries and communications
Statute text

Any inquiries, communications, or complaints concerning the board of podiatric medicine should be sent to:
Secretary-Treasurer
North Dakota Board of Podiatric Medicine
525 North 9th Street
Bismarck, ND 58501

History
History: Effective October 1, 1982; amended effective December 1, 1991.
General authority
General Authority: NDCC 28-32-02
Law implemented
Law Implemented: NDCC 28-32-02.1, 43-05-03, 43-05-08

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CHAPTER 63-01-04
Procedure of Board
Section
63-01-04-01. Procedure of board

63-01-04-01. Procedure of board
Statute text

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. 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.
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.
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.

63-01-05-01. Definitions
Statute text

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

"Board" means the North Dakota board of podiatric medicine.
"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.
"Podiatric medicine" means the profession of the health services concerned with the diagnosis and treatment of conditions affecting the human foot and ankle including local manifestations of systemic conditions by all appropriate systems and means and includes the prescribing or administering of drugs or medications necessary or helpful to that profession.
"Podiatrist" means a person who is qualified or authorized to practice podiatric medicine in North Dakota.
"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.
"Title" or "this title" means title 63 of the North Dakota Administrative Code.

History
History: Effective December 1, 1991; amended effective January 1, 1998.
General authority
General Authority: NDCC 43-05-08
Law implemented
Law Implemented: NDCC 43-05-01, 43-05-11
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ARTICLE 63-02
Licensure Chapter
63-02-01. Application
63-02-02. Examination
63-02-03. License
63-02-04. Temporary License and Temporary Permit
63-02-05. License by Reciprocity
63-02-06. Honorary License
63-02-07. Reinstatement of License
63-02-08. Fees
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CHAPTER 63-02-01
Application Section
63-02-01-01. Application requirements
63-02-01-02. Recognized school
63-02-01-03. Application refunds [Repealed.]

63-02-01-01. Application requirements
Statute text

Every person applying for an annual license to practice podiatric medicine shall submit the following materials not later than thirty days preceding the date of the oral-practical examination or personal appearance:

A completed application form provided by the board.
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.
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.
Three reference letters regarding the character of the applicant; no more than two from teachers or doctors of podiatric medicine, and none from relatives.
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.
An application fee and annual licensing fee.
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.
Evidence of satisfactory completion of the national board of podiatric medical examiners licensing examination as provided herein.

History
History: Amended effective October 1, 1982; December 1, 1991.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-01(2), 43-05-10, 43-05-11, 43-05-12, 43-05-15

63-02-01-02. Recognized school
Statute text

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
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-10, 43-05-11
63-02-01-03. Application refunds
History
History: Repealed effective December 1, 1991.
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CHAPTER 63-02-02
Examination Section
63-02-02-01. Examination contents
63-02-02-02. Written examination
63-02-02-03. Oral-practical examination
63-02-02-04. Personal appearance
63-02-02-05. Application nullification

63-02-02-01. Examination contents
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-12

63-02-02-02. Written examination
Statute text

The board utilizes the examination given by the national board of podiatric medical examiners licensing examination as its written examination, and requires a passing score in all sections in part one and part two, recorded by the national board of podiatric medical examiners as a passing score. An applicant is responsible for arranging one's own examination with the national board of podiatric medical examiners, and with providing a verified copy of the score to the board which must contain an original seal of the national board.

History
History: Effective October 1, 1982; amended effective December 1, 1991.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-12

63-02-02-03. Oral-practical examination
Statute text

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

Every applicant who has demonstrated passage of the written portion of the examination will be eligible to take the oral-practical examination.
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.
The subjects covered on the practical portion of the examination are diagnosis, surgery, biomechanics, emergencies, patient care, ethics, and theory in practice.
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.
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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-12

63-02-02-04. Personal appearance
Statute text

In addition to the oral-practical examination, all applicants for license or permit 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 the oral-practical examination. The board may combine the oral-practical examination and the personal appearance.

History
History: Effective December 1, 1991.
General authority
General Authority: NDCC 43-05-08
Law implemented
Law Implemented: NDCC 43-05-12

63-02-02-05. Application nullification
Statute text

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.
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.
General authority
General Authority: NDCC 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-12
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CHAPTER 63-02-03
License
Section
63-02-03-01. License issuance
63-02-03-02. License display

63-02-03-03. Notification of address

63-02-03-01. License issuance
Statute text

Every applicant who passes the board examination and 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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-09

63-02-03-02. License display
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-09

63-02-03-03. Notification of address
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-09
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CHAPTER 63-02-04
; Temporary License and Temporary Permit Section
63-02-04-01. Temporary license
63-02-04-02. Temporary permit
&

63-02-04-01. Temporary license
Statute text

A podiatrist holding a valid license to practice podiatric medicine issued from another licensing jurisdiction of the United States may apply to the board for a temporary license to practice podiatry 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 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 next regular examination date. If the applicant is unable to take the examination for reason of illness or personal hardship, the applicant must reapply for a temporary license and must again pay the application fee. The applicant shall make a personal appearance before the board or a member thereof as arranged by the board.

History
History: Effective October 1, 1982; amended effective December 1, 1991.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08

63-02-04-02. Temporary permit
Statute text

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 oral-practical examination may be completed during the permit period. 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.
A granted temporary permit is valid for the period of clinical residency training and is not to exceed twelve months beginning with the first day of clinical residency training. A temporary permit may be reissued once if the applicant submits acceptable evidence that the clinical residency training was interrupted by circumstances beyond the control of the applicant and that the sponsor of the program agrees to the extension and the applicant pays the temporary permit fee.
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.
The scope of practice of the temporary permit holder is limited to the performance of podiatric medicine within the structure of the clinical residency program within which the temporary permit holder is enrolled and is not authorization for independent practice.

History
History: Effective December 1, 1991.
General authority
General Authority: NDCC 43-05-08
Law implemented
Law Implemented: NDCC 43-05-12, 43-05-16.2
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CHAPTER 63-02-05
License by Reciprocity Section
63-02-05-01. License by reciprocity

63-02-05-01. License by reciprocity
Statute text

All applications for license by reciprocal agreement must be made on the official form supplied by the board and must be filed with the secretary-treasurer of the board. The application must be accompanied by the required application fee and annual licensing fee as well as other documents required for a standard application for licensure. An applicant must also submit a photocopy of the license upon which reciprocity is based and a statement from that licensure board verifying that the applicant has a valid license, is in good standing with that board, and has engaged in the practice of podiatry for the two immediately preceding years. If the applicant is licensed in one or more other states or Canadian provinces, the applicant must cause a form supplied by the board to be submitted from the licensure board of each other state or Canadian province in which the applicant is licensed during the five years immediately preceding application. Reciprocity can be granted only with those states or Canadian provinces honoring reciprocity with North Dakota.
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.
Such applicant for a license by reciprocity must not have been subjected to disciplinary action in any licensing state or Canadian province.
The applicant must also submit, with the application, for the five-year period immediately preceding the date of filing of the application, the name and address of the applicant's professional liability insurance carrier in each other state or Canadian province where licensed and the number, date, and disposition of any podiatric medical malpractice settlement or award made to a plaintiff relating to the quality of podiatric medical treatment by the applicant.
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.
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.

63-02-06-01. Honorary license
Statute text

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
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08

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CHAPTER 63-02-07
Reinstatement of License
Section
63-02-07-01. Reinstatement of license

63-02-07-01. Reinstatement of license
Statute text

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.
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.
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
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-16.2

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CHAPTER 63-02-08
Fees
Section
63-02-08-01. Fees
63-02-08-02. Proration of licensing or permit fees

63-02-08-01. Fees
Statute text

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 63-02-08-02. The type of fees and amounts are:

Application fee $150
Application fee based on reciprocity 150
Temporary license fee 150
Delinquent renewal fee 25
Relicensure fee 150
Annual license fee or annual license 500 renewal fee
Temporary permit fee 200
Reexamination license fee 300
Duplicate/replacement fee 10 for each

History
History: Effective October 1, 1982; amended effective December 1, 1991;
October 18, 1996.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-10, 43-05-12, 43-05-13, 43-05-14,
43-05-15

63-02-08-02. Proration of licensing or permit fees
Statute text

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
General Authority: NDCC 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08
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ARTICLE 63-03
License Renewal Chapter
63-03-01. General Administration
63-03-02. Continuing Education
63-03-03. Delinquency in Renewal
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CHAPTER 63-03-01
General Administration
Section
63-03-01-01. General administration

63-03-01-01. General administration
Statute text

Each licensed podiatrist 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 license holder, 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 requirements, 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.

CHAPTER 63-03-02
Continuing Education Section

63-03-02-01. Continuing education requirements
63-03-02-02. First-year licensure satisfies requirement
63-03-02-03. Satisfactory evidence of course attendance
63-03-02-04. Self-study
63-03-02-05. Waiver
63-03-02-06. Approved courses

63-03-02-01. Continuing education requirements
Statute text

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 twenty hours of study in the continuing education courses approved by the board and completed during the eighteen months preceding renewal.

History
History: Effective October 1, 1982; amended effective December 1, 1991.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-10, 43-05-11

63-03-02-02. First-year licensure satisfies requirement
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-11

63-03-02-03. Satisfactory evidence of course attendance
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-11

63-03-02-04. Self-study
Statute text

A licensed podiatrist may receive a maximum of eight hours of credits of continuing education annually through self-study, including television viewing, video or sound recorded programs, correspondence work, research, preparation and publication of scholarly works, or by other similar methods.
However, podiatrists using these methods must 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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-11

63-03-02-05. Waiver
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-11

63-03-02-06. Approved courses
Statute text

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.
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.
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 will not be granted. Lunch breaks, rest periods, and other non-educational time will not be included.

History
History: Effective December 1, 1991.
General authority
General Authority: NDCC 43-05-08
Law implemented
Law Implemented: NDCC 43-05-11
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CHAPTER 63-03-03
Delinquency in Renewal Section
63-03-03-01. Automatic revocation
63-03-03-02. Hearing after revocation
63-03-03-03. Revocation [Repealed.]
63-03-03-04. Reinstatement

63-03-03-01. Automatic revocation
Statute text

If the license renewal is not completed on or before June first of any given year, 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 revoked as of June first. This issuance of this written notice constitutes the commencement of revocation.

63-03-03-02. Hearing after revocation
Statute text

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.

63-03-03-04. Reinstatement
Statute text

Any practitioner whose license has been revoked for delinquency in renewal must reapply for licensure and must submit the regular application for license and the application fee and renewal fee and a delinquency fee of twenty-five dollars and must pay the costs of the hearing.

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ARTICLE 63-04
Disciplinary Action Chapter
63-04-01. General Administration

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CHAPTER 63-04-01
General Administration
Section
63-04-01-01. Complaint and reports
63-04-01-02. Preliminary investigation
63-04-01-03. Administrative hearing

63-04-01-01. Complaint and reports
Statute text

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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-16.5

63-04-01-02. Preliminary investigation
Statute text

All complaints alleging or implying violations of North Dakota Century Code chapter 43-05 or this title shall be referred to the board's counsel with instructions to investigate.

Upon the initial investigation, the board's counsel will recommend to the board what action, if any, the board shall take.
Complaints involving minor or routine issues may, at the discretion of the board, be assigned to a member of the board. Typically, such assignment will be a written inquiry, explanation, or warning to the person or persons accused, with copies of all correspondence to the other members.
The board may hold a preliminary hearing to determine whether a formal administrative hearing is necessary.
The board shall cause the board's counsel or secretary-treasurer to 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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-16.2

63-04-01-03. Administrative hearing
Statute text

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.

Upon the conclusion of the hearing, the board shall make findings of fact and conclusions of law and accordingly may take such disciplinary actions is allowed by law.
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.
The board upon good cause may direct a rehearing.
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.
General authority
General Authority: NDCC 28-32-02, 43-05-08
Law implemented
Law Implemented: NDCC 43-05-08, 43-05-16.1, 43-05-16.2
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ARTICLE 63-05
Waivers and Variances Chapter
63-05-01. Waivers and Variances
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CHAPTER 63-05-01
Waivers and Variances Section
63-05-01-01. Waivers and variances

63-05-01-01. Waivers and variances
Statute text

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.
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.
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.
Variances - Compliance. Any petitioner who is granted a variance shall comply with the alternative practices or measures specified in the application for the variance.
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.
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.
Statement of reasons. The minutes of any meeting at which a waiver or variance is granted, denied, renewed, or revoked must include the reason or the action.

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

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TITLE 64
Postsecondary Education Commission
The statutory authority of the Postsecondary Education Commission was repealed by section 2 of chapter 203 of the 1983 Session Laws.