TITLE 5
Businesses and Professions
CHAPTER 5-29
Podiatrists
SECTION 5-29-16
§ 5-29-16 Unprofessional conduct.
The term "unprofessional conduct" as used in this chapter includes, but is not
limited to, the following items or any combination of them and may be further
defined by regulations established by the board with the approval of the
director:
(1) Fraudulent or deceptive procuring or use of a license of
limited registration;
(2) All advertising of podiatry business, which is intended
or has a tendency to deceive the public;
(3) Conviction of a crime involving moral turpitude;
conviction of a felony; conviction of a crime arising out of the practice of
podiatry;
(4) Abandonment of patient;
(5) Dependence upon a controlled substance, habitual
drunkenness or rendering professional services to a patient while the
podiatrist or limited registrant is intoxicated or incapacitated by the use of
drugs;
(6) Promotion by a podiatrist, or limited registrant of the
sale of drugs, devices, appliances, or goods or services provided for a patient
in a manner that exploits the patient for the financial gain of the podiatrist
or limited registrant;
(7) Immoral conduct of a podiatrist, or limited registrant in
the practice of podiatry;
(8) Willfully making and filing false reports or records in
the practice of podiatry;
(9) Willful omission to file or record, or willfully impeding
or obstructing a filing or recording, or inducing another person to omit to
file or record podiatry/medical or other reports as required by law;
(10) Failure to furnish details of a patient's medical record
to a succeeding podiatrist or medical facility upon proper request pursuant to
this chapter;
(11) Solicitation of professional patronage by agents or
persons or profiting from acts of those representing themselves to be agents of
the licensed podiatrist or limited registrant;
(12) Division of fees or agreeing to split or divide the fees
received for professional services for any person for bringing to or referring
a patient;
(13) Agreeing with clinical or bio-analytical laboratories to
accept payments from those laboratories for individual tests or test series for
patients, or agreeing with podiatry laboratories to accept payment from those
laboratories for work referred;
(14) Willful misrepresentation in treatment;
(15) Practice podiatry with an unlicensed podiatrist except
in accordance with the rules and regulations of the board of aiding or abetting
those unlicensed persons in the practice of podiatry;
(16) Gross and willful overcharging for professional
services; including filing of false statements for collection of fees for which
services are not rendered or willfully making or assisting in making a false
claim or deceptive claim or misrepresenting a material fact for use in
determining rights to podiatric care or other benefits;
(17) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment, or medicine;
(18) Professional or mental incompetence;
(19) Incompetent, negligent, or willful misconduct in the
practice of podiatry which includes the rendering of unnecessary podiatry
services and any departure from or the failure to conform to the minimal
standards of acceptable and prevailing podiatry practice in his or her area of
expertise as is determined by the board. The board does not need to establish
actual injury to the patient in order to adjudge a podiatrist or limited
registrant to be guilty of unprofessional conduct;
(20) Revocation, suspension, surrender, or limitation of
privilege based on quality of care provided or any other disciplinary action
against a license to practice podiatry in another state or jurisdiction, or
revocation, suspension, surrender or other disciplinary action as to membership
on any podiatry staff or in any podiatry or professional association or society
for conduct similar to acts or conduct which would constitute grounds for
action as set forth in this chapter;
(21) Any adverse judgment, settlement or award arising from a
medical liability claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in this chapter or
regulations adopted pursuant to this chapter;
(22) Failure to furnish the board, its director,
investigator, or representative, information legally requested by the board;
(23) Violation of any provisions of this chapter or the rules
and regulations of the board or any rules and regulations promulgated by the
director or of an action, stipulation, or agreement of the board;
(24) Cheating on or attempting to subvert the licensing
examination;
(25) Violating any state or federal law or regulation
relating to controlled substances;
(26) Failure to maintain standards established by peer review
boards, including but not limited to standards related to proper utilization of
services, and use of non-accepted procedure and/or quality of care; or
(27) A podiatrist providing services to a person who is
making a claim as a result of a personal injury, who charges or collects from
the person any amount in excess of the reimbursement to the podiatrist by the
insurer as a condition of providing or continuing to provide services or
treatment.
History of Section.
(P.L. 1988, ch. 274, § 2; P.L. 1999, ch. 465, § 1.)
