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36-8 PODIATRISTS
CHAPTER 36-8

PODIATRISTS

36-8-1      Podiatric medicine defined.
36-8-2      State Board of Podiatry Examiners--Terms of office--Vacancies.
36-8-2.1      Lay member of board--Appointment and term of office.
36-8-3      Officers of board--Promulgation of rules by board--Seal.
36-8-4      Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expense not to exceed collections.
36-8-4.1      Board continued within Department of Health--Records and reports.
36-8-5      Repealed.
36-8-6      Practice of podiatry without license and certificate as misdemeanor.
36-8-7      Practices exempt from requirement of license.
36-8-8      Qualifications of applicants for license.
36-8-9      Application for examination--Fee.
36-8-10      Time of examinations.
36-8-11      Re-examination after failure to pass.
36-8-12      Reciprocal licensing of podiatrists from other states.
36-8-13      Display of licenses.
36-8-13.1      Certain healing arts practitioners to participate in alternate health care delivery systems.
36-8-14      Licensee not to mislead as to qualifications.
36-8-15      Fee for annual renewal--Duration of renewal certificate.
36-8-16      Grounds for suspension or revocation of certificate.
36-8-17      Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecution.
36-8-18      Procedure for suspension or revocation of license.
36-8-19      Appeal from Board of Examiners.
36-8-20      Reinstatement of suspended or revoked license--Costs and fee.
36-8-21      Repealed.
36-8-22      Actions for injunction--Election of remedies.
36-8-23      Participation in continuing education--Minimum hours.
36-8-24      One-year residency required.
36-8-25      Regulation of the use of laser or ionizing radiation.


36-8-1 Podiatric medicine defined.
     36-8-1.   Podiatric medicine defined. Podiatric medicine is that profession of the health sciences concerned with the diagnosis and treatment of conditions affecting the human foot and their governing and related structures, and the soft tissues inserting into the foot, including the local manifestations of systemic conditions, by all appropriate systems and means. A person licensed pursuant to this chapter as a podiatrist shall be designated a podiatric physician.

Source: SDC 1939, § 27.0801; SL 1959, ch 131, § 2; SL 1967, ch 100, § 2; SL 1972, ch 203; SL 1995, ch 216, § 1.


36-8-2 State Board of Podiatry Examiners--Terms of office--Vacancies.
     36-8-2.   State Board of Podiatry Examiners--Terms of office--Vacancies. The State Board of Podiatry Examiners shall include four professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state. The term of each shall be three years, commencing on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy. The appointment of a person to an unexpired term is not considered a full term.

Source: SDC 1939, § 27.0802; SL 1959, ch 131, § 3; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 20; SL 2007, ch 213, § 1; SL 2012, ch 16, § 18.


36-8-2.1 Lay member of board--Appointment and term of office.
     36-8-2.1.   Lay member of board--Appointment and term of office. The membership of the Board of Podiatry Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.

Source: SL 1973, ch 2, § 58.


36-8-3 Officers of board--Promulgation of rules by board--Seal.
     36-8-3.   Officers of board--Promulgation of rules by board--Seal. The Board of Podiatry Examiners shall elect, from among their number, a president and a secretary-treasurer.
     The board shall, pursuant to chapter 1-26, promulgate the rules consistent with the laws of this state as may be necessary for the licensure, examination, reciprocal licensure, revocation, and suspension of a license.
     The board shall have an official seal.

Source: SDC 1939, § 27.0802; SL 1959, ch 131, § 3; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 66.


36-8-4 Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expe...
     36-8-4.   Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expense not to exceed collections. All money coming into the custody of the Board of Podiatry Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the money to the South Dakota Board of Podiatry Examiners account of the general fund, which account is hereby created. The money in the account is hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expense incurred shall not exceed the total money collected by the board under the provisions of this chapter.

Source: SDC 1939, § 27.0809; SL 1979, ch 254, § 4.


36-8-4.1 Board continued within Department of Health--Records and reports.
     36-8-4.1.   Board continued within Department of Health--Records and reports. The Board of Podiatry Examiners shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (p); SL 2003, ch 272, § 43.


36-8-5
     36-8-5.   Repealed by SL 1982, ch 16, § 29.


36-8-6 Practice of podiatry without license and certificate as misdemeanor.
     36-8-6.   Practice of podiatry without license and certificate as misdemeanor. It is a Class 2 misdemeanor for any person to profess or advertise himself to be a podiatrist, or to practice or assume the duties incident to podiatry, without first obtaining from the Board of Podiatry Examiners a license and an annual certificate of registration.

Source: SDC 1939, § 27.0803; SL 1959, ch 131, § 4; SL 1977, ch 190, § 155.


36-8-7 Practices exempt from requirement of license.
     36-8-7.   Practices exempt from requirement of license. This chapter shall not apply to any person otherwise licensed in this state to do any of the acts defined in § 36-8-1 as constituting the practice of podiatry, and shall not include the fitting, recommending, or sale of corrective shoes, arch supports, or medical or mechanical appliances by retail stores.

Source: SDC 1939, § 27.0804; SL 1959, ch 131, § 5.


36-8-8 Qualifications of applicants for license.
     36-8-8.   Qualifications of applicants for license. All applicants for license must have attained the age of eighteen years and be of good moral character, a graduate of some recognized school of podiatry which for the purpose herein shall mean a school of podiatry requiring for graduation, the graduation from an accredited high school, credits granted for at least two full years of general college study in a college or university of recognized standing, and four full years of study in such school of podiatry.

Source: SDC 1939, § 27.0805; SL 1959, ch 131, § 6; SL 1967, ch 100, § 3; revised pursuant to SL 1972, ch 15, § 4.


36-8-9 Application for examination--Fee.
     36-8-9.   Application for examination--Fee. Any person not already a registered podiatrist in this state and who is not exempted under the provisions of § 36-8-12, desiring to practice podiatry in this state, shall apply to the secretary-treasurer of the Board of Podiatry Examiners for an examination and pay a fee not to exceed five hundred dollars. The examination and fee shall be set by rule by the board pursuant to chapter 1-26.

Source: SDC 1939, § 27.0806; SL 1959, ch 131, § 7; SL 1971, ch 214, § 1; SL 1979, ch 254, § 1; SL 1995, ch 216, § 3.


36-8-10 Time of examinations.
     36-8-10.   Time of examinations. Examinations of applicants for license as podiatrists shall be held annually at such times and places as the Board of Podiatry Examiners shall direct.

Source: SDC 1939, § 27.0806; SL 1959, ch 131, § 7.


36-8-11 Re-examination after failure to pass.
     36-8-11.   Re-examination after failure to pass. Any applicant for license as a podiatrist failing any examination is entitled within six months after such refusal to a re-examination upon the payment of an additional fee, not to exceed ten dollars for such examination. The fee shall be set by the board by rule promulgated pursuant to chapter 1-26. However, two such re-examinations shall exhaust the applicant's privilege under the original application.

Source: SDC 1939, § 27.0806; SL 1959, ch 131, § 7; SL 2008, ch 191, § 17.


36-8-12 Reciprocal licensing of podiatrists from other states.
     36-8-12.   Reciprocal licensing of podiatrists from other states. Upon the payment of a fee not to exceed two hundred fifty dollars, to be set by rule by the Board of Podiatry Examiners pursuant to chapter 1-26, a license may be issued to podiatrists of other states maintaining requirements for the practice of podiatry equal to the standard provided for by this chapter and extending the same reciprocal privileges in this state.

Source: SDC 1939, § 27.0805; SL 1959, ch 131, § 6; SL 1971, ch 214, § 2; SL 1979, ch 254, § 2.


36-8-13 Display of licenses.
     36-8-13.   Display of licenses. All licenses and renewal certificates for the practice of podiatry shall be conspicuously displayed at the office of the practitioner.

Source: SDC 1939, § 27.0807; SL 1959, ch 131, § 8; SL 1998, ch 224, § 2.


36-8-13.1 Certain healing arts practitioners to participate in alternate health care delivery system...
     36-8-13.1.   Certain healing arts practitioners to participate in alternate health care delivery systems. Any licensed podiatrist may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.

Source: SL 1987, ch 269, § 2.


36-8-14 Licensee not to mislead as to qualifications.
     36-8-14.   Licensee not to mislead as to qualifications. A licensee under this chapter shall be designated as a licensed podiatrist and shall not mislead the public as to his professional qualifications.

Source: SDC 1939, § 27.0807; SL 1959, ch 131, § 8.


36-8-15 Fee for annual renewal--Duration of renewal certificate.
     36-8-15.   Fee for annual renewal--Duration of renewal certificate. The fee for annual renewal of a certificate of a podiatrist may not exceed one hundred fifty dollars, as set by rule by the Board of Podiatry Examiners pursuant to chapter 1-26. All renewal certificates shall remain in full force and effect for one year, unless a different time is fixed by rule promulgated pursuant to chapter 1-26 by the Board of Podiatry Examiners.

Source: SDC 1939, §§ 27.0803, 27.0807; SL 1959, ch 131, §§ 4, 8; SL 1971, ch 214, § 3; SL 1979, ch 254, § 3; SL 2008, ch 191, § 18.


36-8-16 Grounds for suspension or revocation of certificate.
     36-8-16.   Grounds for suspension or revocation of certificate. Every license heretofore or hereafter issued to any person to practice podiatry in this state shall be subject to suspension or revocation by the Board of Podiatry Examiners in the manner and form set forth in §§ 36-8-18 and 36-8-19 upon any of the following grounds: fraud or deception in procuring a license, publication or use of untruthful or improbable statements with the view of deceiving or defrauding the public or any patient, conviction of any offense involving moral turpitude, habitual intemperance, immoral, unethical, unprofessional, or dishonorable conduct.

Source: SDC 1939, § 27.0808; SL 1959, ch 131, § 9.


36-8-17 Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecutio...
     36-8-17.   Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecution. Unprofessional or dishonorable conduct as used in this chapter shall be construed to include:
             (1)      To offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment;
             (2)      To request, list, accept, or receive any rebates or commission for prescribing or recommending any footwear, drug, medicine, or any other article, to his patients;
             (3)      To prescribe, dispense, or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy or remedy whatsoever;
             (4)      To practice podiatry under a trade name, under the name of another podiatrist, or use any title other than that of podiatrist, provided however, the term "foot specialist" may be used as explanatory terms of the title podiatrist;
             (5)      To conduct the practice of podiatry in connection with any of the following: beauty parlor, barbershop, Turkish bath, shoe store, department store, massage parlor, or any other such commercial establishment;
             (6)      To employ a solicitor or solicitors to obtain business;
             (7)      To willfully betray professional secrets;
             (8)      To willfully violate the rules and regulations made and promulgated by the Board of Podiatry Examiners.
     Unprofessional or dishonorable conduct, as defined in this section, shall not be the basis for criminal prosecution unless otherwise declared unlawful.

Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.


36-8-18 Procedure for suspension or revocation of license.
     36-8-18.   Procedure for suspension or revocation of license. Before the Board of Podiatry Examiners shall order any suspension or revocation of a license pursuant to § 36-8-16, it shall comply with chapter 1-26.

Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.


36-8-19 Appeal from Board of Examiners.
     36-8-19.   Appeal from Board of Examiners. An appeal from the decision of the Board of Podiatry Examiners may be taken as provided by chapter 1-26.

Source: SDC 1939, § 27.0808; SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.


36-8-20 Reinstatement of suspended or revoked license--Costs and fee.
     36-8-20.   Reinstatement of suspended or revoked license--Costs and fee. Any podiatrist whose license has been suspended or revoked may be reinstated or have a new license issued, as the case may be, if, in the discretion of the Board of Podiatry Examiners, such action is warranted. However, the podiatrist shall pay all costs of the proceedings resulting in the suspension or revocation of license and reinstatement or new license and in addition thereto a fee, set by the board, by rule promulgated pursuant to chapter 1-26, not to exceed twenty-five dollars.

Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; SL 2008, ch 191, § 19.


36-8-21
     36-8-21.   Repealed by SL 1992, ch 158, § 80.


36-8-22 Actions for injunction--Election of remedies.
     36-8-22.   Actions for injunction--Election of remedies. The Board of Podiatry Examiners is empowered to commence actions for injunction for violation of this chapter or regulations made hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.

Source: New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4.


36-8-23 Participation in continuing education--Minimum hours.
     36-8-23.   Participation in continuing education--Minimum hours. On or before July 1, 1993, and every two years thereafter, each person licensed to practice podiatry in this state shall provide the State Board of Podiatry evidence, of a nature suitable to the board, that he has attended or participated in such continuing education in podiatry and related subjects as shall be required by the board by rules adopted pursuant to chapter 1-26. The board by such rules shall establish the number of minimum hours of biennial continuing education to be required as a prerequisite to license renewal and requirements, guidelines, and procedures as may be necessary and desirable to implement and fulfill reasonable continuing education requirements to ensure competence in the practice of podiatry by licensees in this state. The board may reduce, on a pro rata basis, the number of hours of continuing education required by a licensee licensed to practice for less than two years prior to a biennial continuing education deadline.

Source: SL 1987, ch 270; SL 1991, ch 305.


36-8-24 One-year residency required.
     36-8-24.   One-year residency required. Every applicant for a license to practice podiatry shall have successfully completed a one-year residency or preceptorship approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association. This section applies only to applicants who graduate from podiatric college after July 1, 1995.

Source: SL 1995, ch 216, § 2.


36-8-25 Regulation of the use of laser or ionizing radiation.
     36-8-25.   Regulation of the use of laser or ionizing radiation. The State Board of Podiatry Examiners by rule pursuant to chapter 1-26 shall regulate the use of laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes within the scope of practice defined by § 36-8-1.

Source: SL 1995, ch 209, § 3.


Title 36

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