Section .0100 ‑ Organization Of The Board


Published: 2015

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CHAPTER 52 ‑ BOARD OF PODIATRY EXAMINERS

 

SECTION .0100 ‑ ORGANIZATION OF THE BOARD

 

21 NCAC 52 .0101             NAME AND PURPOSE

(a)  The office of the board shall be in Raleigh and the

mailing address of the board is 1500 Sunday Drive, Suite 102, Raleigh, North

Carolina 27607.

(b)  The following terms have the following meanings:

(1)           "Application" shall mean the

application form provided by the Board;

(2)           "American Podiatric Medical Licensing

Examination" and "APMLE", shall mean the national examination in

multiple parts, formerly known as (and referred in the statutes as) the "National

Boards," as administered by the National Board of Podiatric Medical

Examiners and including the examination formerly called "PM-Lexis;"

(3)           "Board" or "board"

shall refer to the "Board of Podiatry Examiners" of North Carolina as

defined in G.S. 90-202.4;

(4)           "Establishment" in G.S. 55B-10

shall mean any separate podiatry office, clinic, or branch location where podiatry

services are provided. It does not include a corporate office located in a

separate building or location where podiatry services are not performed; and

(5)           "Podiatry" has the same meaning

as in G.S. 90-202.2.

 

History Note:        Authority G.S. 55B-10; 90-202.4; 90-202.6;

90-202.8;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; January 1, 2005; December 1,

1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. October 28, 2014.

21 NCAC 52 .0102             MEMBERSHIP

 

History Note:        Authority G.S. 90‑202.4;

Eff. February 1, 1976;

Amended Eff. December 1, 1988;

Repealed Eff. June 1, 2011.

 

21 NCAC 52 .0103             ANNUAL MEETING: ELECTION AND

OFFICERS

 

History Note:        Authority G.S. 90‑202.4;

Eff. February 1, 1976;

Amended Eff. December

1, 1988;

Repealed Eff. January 1, 2005.

 

SECTION .0200 ‑ EXAMINATION AND LICENSING

 

21 NCAC 52 .0201             APPLICATION

(a)  Anyone who meets the statutory requirements and wishes

to apply for examination may do so by submitting a written application to the

executive secretary of the board. Such Application for Examination or

Application of Reciprocity shall be made on a form provided by the board.

(b)  Applicants shall furnish the board with certification

of graduation from a four-year high school, completion of at least two years of

undergraduate college education, graduation from an accredited college of

podiatric medicine, and passing scores on all parts of the APMLE, as provided

in the statutes.

(c)  The application must be accompanied by a non-refundable

application fee of three hundred fifty dollars ($350.00).

(d)  Applications must also be notarized by a Notary Public

in good standing.

 

History Note:        Authority G.S. 90‑202.5; 90‑202.6;

90‑202.7;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; April 1, 2005; January 1,

2005; December 1, 1988.

 

21 NCAC 52 .0202             EXAMINATION

(a)  The board shall conduct an examination as set out in

G.S. 90-202.6. The examination shall be scheduled so as not to conflict with

the APMLE.

(b)  An applicant who has qualified to sit for the

examination must pass written and oral sections on medical and clinical

subjects related to the practice of podiatric medicine.

(c)  An applicant who has successfully completed the

examination in Paragraph (b) of this Rule must also pass an examination section

on podiatric office practice and ethics within 30 months of successfully

completing the examination in Paragraph (b).

 

History Note:        Authority G.S. 90‑202.6;

Eff. February 1, 1976;

Amended Eff. April 1, 2013; June 1, 2011; December 1,

1988.

 

21 NCAC 52 .0203             TEMPORARY LICENSE

 

History Note:        Authority G.S. 90‑202.6;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

21 NCAC 52 .0204             RE‑EXAMINATION

Unsuccessful candidates for licensure may apply to the board

for re‑examination within a period of one year and be entitled to re‑examination

upon the payment of the three hundred fifty dollar ($350.00) examination fee.

No more than two re-examinations shall be allowed any one applicant within that

one-year period under this Rule.

 

History Note:        Authority G.S. 90‑202.6;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; December 1, 1988.

 

21 NCAC 52 .0205             PRACTICE-AND-ETHICS training

The board may offer to each applicant, who has otherwise

successfully completed his or her examination on medical and clinical subjects,

to attend by personal appearance or verified electronic conference a practice-

and ethics-training prior to an examination administered on those topics, on a

date and at a time and location determined by the board.  The license shall not

be issued until the applicant has passed the practice- and ethics-examination.

 

History Note:        Authority G.S. 90‑202.4(g); 90‑202.6(a)(b);

Eff. February 1, 1976;

Amended Eff. December 1, 2012; March 1, 2006; May 1,

2005; December 1, 1988.

 

21 NCAC 52 .0206             LICENSING

 

History Note:        Authority G.S. 90-202.6; 90-202.7;

Eff. February 1, 1976;

Amended Eff. December 1, 1988;

Repealed Eff. July 1, 2011.

 

21 NCAC 52 .0207             ANNUAL RENEWAL OF LICENSE

The executive secretary of the board shall mail to the last

known address of each license holder each year a form on which to apply for

renewal of his or her license.  The renewal form and accompanying documents

shall be returned to the board with the original signatures of the licensed

podiatrist. The penalties for failure to comply with this Rule are specified in

G.S. 90‑202.10.

 

History Note:        Authority G.S. 90‑202.4(g); 90‑202.10;

Eff. February 1, 1976;

Amended Eff. April 1, 2013; January 1, 2005; December 1,

1988.

 

21 NCAC 52 .0208             CONTINUING EDUCATION

(a)  An additional requirement for issuance of the annual

renewal certificate shall be certification to the board of proof of having

complied with the continuing education provisions of the General Statutes.  The

Board shall notify all podiatrists that 25 hours are required annually.

(b)  General CME policy - 25 hours per year as follows:

(1)           Completion of 25 hours of Continuing

Medical Education (CME) is required per year (July 1-June 30) for renewal of

licensure. CME credits shall not be carried over from the previous licensure

year.

(2)           It shall be the responsibility of the

individual podiatrist to ascertain in advance that the courses which he or she

attends have received proper approval of the certifying organizations, and

comply with the Standards, Requirements, and Guidelines for Approval of

Sponsors of Continuing Education in Podiatric Medicine of the Council on

Podiatric Medical Education (http://www.cpme.org/education/content.cfm?ItemNumber=2440&navItemNumber0=2249),

including updates. The website may be accessed at no charge. The Board shall

respond in writing within 45 days of receipt by the Board of all needed

documentation with approval or denial to individuals requesting approval of CME

courses and credit hours. Decisions by the Board are the final agency decision

and may be appealed as set out in G.S. 150B-23.

(3)           Certificates of completion of courses other

than those sponsored by the NC Foot and Ankle Society (NCF&AS) must be

submitted to the Board on a form provided by the Board with the podiatrist's

annual license renewal documents. Completion certificates must be typed and contain

the following information:

(A)          Podiatrist's name;

(B)          Course name, location, and date;

(C)          Number of hours CME completed;

(D)          Signature of seminar chairperson; and

(E)           Name of certifying or sponsoring agency.

(4)           A licensed podiatrist participating in the

second or third year of a medical residency may submit a letter signed by the

podiatric residency director stating the podiatrist's name and dates of

residency. This shall substitute for the 25-credit hour requirement and CME certificate

required by this Rule.

(5)           A podiatrist may submit his or her CME

certificate(s) to the Board in facsimile, electronic, or hard copy format at

any time during the renewal year.

(6)           The Board shall retain CME documentation

with the individual podiatrist's license renewal information.

(c)  Category 1:  Minimum requirement 20 hours per year, as

follows:

(1)           CME credit shall be granted for attendance

at educational seminars offered by the NCF&AS. The number of qualifying

hours of continuing education shall be determined and approved by the Board in

advance based on the standards in 90-202.11. NCF&AS shall provide the Board

directly with a listing of individuals attending its CME events and credits

earned.

(2)           CME credit shall be granted for attendance

at educational seminars offered by other national, state and podiatric

education providers, as certified by the Council on Podiatric Medical Education

(CPME) of the American Podiatric Medical Association (APMA). The number of

qualifying hours of continuing education shall be determined and approved by

the Board.

(3)           Lecturers shall be granted one hour of credit

for each hour of CPME- or APMA- approved lectures given, but such credit shall

be limited to one hour for each discrete topic.  A brief summary of the content

of each lecture must be submitted to the Board for approval.

(4)           Category 1 is limited to educational

seminars either offered by NCF&AS or by sponsors pre-approved by CPME:

http://www.cpme.org

(CPME 700: "Approved Sponsors of Continuing Education in Podiatry"). (APMA-

or CPME- approved online or journal courses are considered Category 2.)

(5)           Since CPME evaluates only CME conducted in

the United States, North Carolina-licensed podiatrists practicing outside the

United States or participating in a foreign fellowship or other short-term

residency abroad, may apply to the Board to have their continuing medical

education credits from their country of practice considered and evaluated by

the Board on an individual basis.

(d)  Category 2:  A maximum of only 5 of the total 25 CME

hours per year shall be allowed as follows:

(1)           CME credit shall be allowed for educational

programs approved for Category 1 credit by the American Medical Association

(AMA) and the American Osteopathic Association (AOA) or their affiliated

organizations.

(2)           CME credit shall be allowed for courses

approved by North Carolina Area Health Education Centers (AHEC).

(3)           Online or medical journal courses approved

by CPME are permitted.

(4)           For courses not pre-approved by AHEC, AOA,

or AMA, all requests for CME approval must contain a timeline and course description

and be submitted to the Board for approval.

(e)  Waiver for Certified Illness, Medical Condition,

Natural Disaster, or Undue Hardship.  The Board may waive the continuing

education requirement for license renewal in the following cases that preclude

a licensed podiatrist from completing his or her CME requirement within the

18-month timeframe from July 1 of the year of the last license or renewal

issuance through December 31 of the following year:

(1)           An unexpected illness or medical condition

certified by a letter from a licensed physician regarding the licensee or the

licensee's parents, spouse, children and other persons dependent upon the

podiatrist for daily living supports; or

(2)           An undue hardship (such as active military

service or natural disaster).

In such cases, the Board shall issue a conditional license

predicated on the licensee acquiring all of the required continuing education

credits in a mutually-agreeable timeframe, but no later than 24 months after

December 31 of the year following the latest year of license or renewal

issuance. Such requests for CME waiver must be received by the Board before the

end of the grace period deadline for license renewal.  The Board may require

additional information when necessary to confirm the need for exemption to

support the licensee's claim.  The Board shall notify the licensee of its

decision in writing within 45 days of receipt by the Board of all needed documentation.

 

History Note:        Authority G.S. 90-202.4(g); 90-202.11;

Eff. February 1, 1976;

Amended Eff. June 1, 2013; October 1, 2012; February 1,

2012; November 1, 2011; June 1, 2011; December 1, 1988.

 

21 NCAC 52 .0209             APPLICANTS LICENSED IN OTHER STATES

If an applicant for licensure is already is licensed in

another state to practice podiatry, the board shall issue a license to practice

podiatry in the State of North Carolina only upon evidence that said podiatrist

has complied with the requirements as set forth in General Statute 90‑202.7

of the Podiatry Practice Act.  Presentation of such evidence is the

responsibility of the podiatrist seeking reciprocity to practice in the State

of North Carolina.  This evidence shall include verification from the Board of

Podiatry Examiners of the state where the applicant has last practiced that the

applicant is in good standing and has no disciplinary action pending.  The

verification shall include a history of previous disciplinary action, if any.

 

History Note:        Authority G.S. 90‑202.4(g); 90‑202.7;

Eff. December 1, 1988.

 

21 NCAC 52 .0210             FEE FOR VALIDATION OF licenseE

LISTS; COMPUTER SERVICES

(a)  In order to validate a podiatrist’s authority to

receive drug samples pursuant to U.S. federal laws, the Board shall provide

computerized lists of its licensees and their licensing status to companies

engaged in the business of providing data information services to the

pharmaceutical and healthcare industries for the purposes of validating the

licensing status of health care professionals for a fee of three hundred

dollars ($300) per order, payable in advance.  Orders for a list of licensees

shall be placed at least four weeks in advance. 

(b)  Other Data Processing Services.  The Board may provide

data processing services related to the Board's powers and duties upon request

from research and educational organizations.  No fees for such services shall

be assessed if the use of the data is for nonprofit educational or research

purposes.

 

History Note:        Authority G.S. 90-202.3; 150B‑19(5)e;

Eff. April 1, 2005.

 

21 NCAC 52 .0211             military LICENSE

(a)  Restricted Temporary License:  The Board shall grant restricted

temporary license privileges to podiatrists practicing in a clinical residency solely

on federal military installations within North Carolina, provided they meet the

following conditions.  Applications for restricted temporary license shall

require the same education as for a permanent license, current participation in

a one-year clinical residency and successful completion of Parts I and II of

the National Boards.  The Board shall not assess a license examination nor

application fee.  Restricted temporary licenses shall be granted for a maximum

of one-year, renewable annually so long as the podiatrist continues to practice

within the clinical residency on the federal military installation.

(b)  Permanent Unrestricted License Military Podiatrist:  The

Board shall issue a permanent license to a military-trained applicant to allow

the applicant to lawfully practice podiatry in North Carolina if, upon

application to the Board, the applicant satisfies the following conditions:

(1)           Has been awarded a military occupational

specialty in podiatry and has done all of the following at a level that is

substantially equivalent to or exceeds the requirements for licensure in North

Carolina: completed a military program of podiatry training and completed

testing or equivalent training and experience, and performed in the

occupational specialty;

(2)           Has engaged in the practice of podiatry for

at least two of the five years (which may include clinical residency) preceding

the date of the application under this Paragraph;

(3)           Has not committed any act in any

jurisdiction that would have constituted grounds for refusal, suspension, or

revocation of a license to practice podiatry in this State at the time the act

was committed; and

(4)           Pays the application, examination, and

licensing fees required by the Board.

(c)  Permanent Unrestricted License-Podiatrist Spouse of

Military Personnel:  The Board shall issue to a military spouse a license to

practice podiatry in this State if, upon application to the board, the military

spouse satisfies the following conditions:

(1)           Holds a current license, certification, or

registration from another jurisdiction, and that jurisdiction's requirements

for licensure, certification, or registration are substantially equivalent to

or exceed the requirements for licensure in this State;

(2)           Can demonstrate competency in the occupation

through passing the North Carolina examination;

(3)           Has not committed any act in any

jurisdiction that would have constituted grounds for refusal, suspension, or

revocation of a license to practice that occupation in this State at the time

the act was committed;

(4)           Is in good standing and has not been

disciplined by the agency that had jurisdiction to issue the license,

certification, or permit; and

(5)           Pays the application, examination, and

licensing fees required by the Board.

(d)  All relevant podiatric medical experience of a military

service member in the discharge of official duties or, for a military spouse,

all relevant podiatric medical experience, including full-time and part-time

experience, regardless of whether in a paid or volunteer capacity, shall be

credited in the calculation of years of practice in an occupation as required

under Paragraphs (b) and(c) of this Rule.

(e)  A nonresident licensed under this Rule shall be

entitled to the same rights and subject to the same obligations as required of

a resident licensed by the Board in this State.

 

History Note:        Authority G.S. 90-202.5(b); 90-202.6; 93B-15.1;

Army Regulation 40-68;

Eff. April 1, 2005;

Amended Eff. July 1, 2013.

 

21 NCAC 52 .0212             SPECIALTY CREDENTIALING PRIVILEGES

(a)  The Board shall grant surgical specialty privileges to

podiatrists in the areas of amputation, ankle surgery, and club foot correction.

(b)  Application for such privileges shall be made upon a

form provided by the Board along with two copies of the applicants' surgery

logs, both of which shall be highlighted in different colors (one color per

specialty area, i.e. amputations, ankle surgeries, and club foot corrections).

 

History Note:        Authority G.S. 90‑202.2;

Eff. June 1, 2011.

 

21 NCAC 52 .0213             TEMPORARY LICENSE FOR CLINICAL

RESIDENCY/FELLOWSHIP

(a)  The Board may issue a temporary license to practice

podiatry to any podiatrist for licensure in accordance with this Rule while the

podiatrist resides in North Carolina and is participating in a podiatric

medical education and training clinical residency ("clinical

residency") or fellowship located in North Carolina and approved by the Council

of Podiatric Medical Education (CPME).  Such CPME-approved clinical residency

or fellowship shall be established and conducted in accordance with rules

established in the most current version of "Standards and Requirements for

Approval of Podiatric Medicine and Surgery Residencies" (CPME 320) and the

"JJRC and CPME Residency Requirements" available from the CPME web

site at

http://www.cpme.org/residencies/content.cfm?ItemNumber=2444&navItemNumber=2245,

or "Standards and Requirements for Approval of Podiatric Fellowships"

(CPME 820) available from the CPME web site at

http://www.cpme.org/fellowships/content.cfm?ItemNumber=2442&navItemNumber=2247.

A list of approved clinical residencies is available from the CPME website at

http://www.cpme.org/residencies/ResidenciesList.cfm?navItemNumber=2242. A list

of approved fellowships is available from the CPME website at

http://www.cpme.org/fellowships/content.cfm?ItemNumber=2441&navItemNumber=2246.



(b)  In order to be approved by the Board for a temporary

resident's or fellowship's training license, an applicant shall submit a

completed temporary license application, available from the Board's website at

http://www.ncbpe.org/content/licensure-exam.  The application shall include the

following:

(1)           type of application (Regular, Temporary

Military, or Temporary Clinical Residency or Fellowhip);

(2)           date of application;

(3)           Social Security Number;

(4)           full name (last name, first name, and

middle name, if applicable);

(5)           mailing address;

(6)           city, state, and zip code;

(7)           telephone number (e.g., home,

mobile, and business);

(8)           email address;

(9)           date of birth;

(10)         whether or not a U.S. citizen;

(11)         military service for self and spouse, if

applicable;

(12)         education (high school, college/university,

graduate or professional, and residencies/internships/fellowships), including

name and location of institution, dates attended, whether graduated or

completed, major/minor, and type of degree;

(13)         previous licensure in another state or

territory, including date of issue, date of expiration, whether or not there

were any disciplinary actions, and how license was obtained (examination,

temporary, or reciprocity);

(14)         whether the applicant has had any of the

following situations and explain such instances:

(A)          had a license revoked, suspended, or cancelled;

(B)          denied a license;

(C)          denied the privilege of taking an examination;

(D)          dropped, suspended, warned, placed on scholastic or

disciplinary probation, expelled or requested to resign from any school,

college, or university, or advised by any school or institution to discontinue

studies therein;

(E)           been a defendant in a legal action involving

professional liability (malpractice), been named in a malpractice suit, had a

professional liability claim paid on the applicant's behalf or paid such a

claim;

(F)           been a patient for treatment of mental illness;

(G)          been addicted to alcohol or drugs; or

(H)          been convicted of a felony;

(15)         whether the applicant has taken the North

Carolina licensure examination previously, and if so, the date;

(16)         whether the applicant will need any special

accommodations and what those needs are;

(17)         the applicant's reasons for applying for

temporary license and future plans for practicing in the state; and

(18)         an attestation under oath before a notary

that the information on the application is true and complete an authorization

of the release to the Board of all information pertaining to the application. 

(c)  Such temporary application shall also require inclusion

of the following additional documentation, which may be sent to the Board

either together with the application or separately:

(1)           documentation of legal name change, if

applicable;

(2)           a photograph, approximately two inches by

two inches;

(3)           proof of an education equivalent to four

years of instruction in a high  school (e.g., copy of the diploma or a

letter from the high school);

(4)           transcript of pre-podiatry college studies

from an accredited college or university showing a minimum of two years of

study;

(5)           copy of college diploma;

(6)           proof of graduation from a podiatry school

accredited by CPME, a listing of such accredited podiatry schools is available

from

http://www.cpme.org/colleges/content.cfm?ItemNumber=2425&navItemNumber=2240

(e.g., a copy of the diploma or a letter from the  school);

(7)           official transcript of podiatry school studies

sent directly from the institution to the Board;

(8)           an appointment letter from the residency or

fellowship program director, or his appointed agent, of the CPME-approved

residency or fellowship program, listing the beginning and ending dates of the program;

(9)           a signed consent on the application

allowing a search of local, state, and national records for any criminal

record;

(10)         official copy of the grade letters from the

National Board of Podiatric Medical Examiners (NBPME) sent directly from NBPME

to the Board that the applicant has taken and  passed within three attempts:

(A)          APMLE Part I; and

(B)          APMLE Part II; and

(11)         upon request, supply any additional

information the Board deems necessary to evaluate the applicant's competence

and character, including appearing in person for an interview with the Board or

its agent to evaluate the applicant's competence and character, if the Board

needs more information to complete the application.

(d)  Upon evaluation of the application, the Board shall either

approve the application and issue a temporary license or deny the application

within 30 days of receipt of the completed application based upon the

information provided in accordance with this Rule, unless an interview is

necessary. If the Board deems an interview necessary pursuant to Subparagraph

(c)(11) of this Rule, the Board shall issue the decision to grant or deny the

application within 30 days following the interview. If the Board denies the

application, it shall notify the applicant the reasons for the denial.

(e)  A temporary license is valid only while the licensee is

participating in the clinical residency or fellowship program and shall not be

extended beyond the length of training.

(f)  A podiatrist holding a temporary license to practice in

a clinical residency or fellowship program shall practice only within the

confines of that program and under the supervision of its director.

 

History Note         Authority G.S. 90-202.5(b); 90‑202.6;

93B-15.1;

Eff. October 1, 2014.

 

21 NCAC 52 .0215             LICENSE RE-INSTATEMENT

(a)  A podiatrist whose license renewal has been delinquent

for six months following the July 1 deadline of the end of the podiatrist's

last renewal period shall re-apply for a new examination. Application shall be

made in accordance with the statute and the following:

(1)           re-apply to the Board for licensure as if

he or she is a first-time applicant, including the same application, required

documents, and application and examination fees, pursuant to Rule .0201 of this

Section and Rules. 0601 and .0613 of this Chapter;

(2)           appear before the Board at the same time

and in the same place as other license examinees and take the same examination

as a first-time applicant, including the practice and ethics examination 

pursuant to Rules .0202, .0205, and .0206 of this Section; and

(3)           receive a passing grade in all parts of the

Board licensing examination and pay the license certificate fee pursuant to

Rule .0613 of this Chapter before being issued a new license certificate and

license number.

(b)  A podiatrist whose license has been suspended, put on

probation, or has invoked any other form of temporary censure due to

disciplinary action in accordance with G.S. 90-202.8 shall follow the

instructions related to reinstatement contained in the specific consent order

setting forth the provisions of the sanction.

 

History Note:        Authority G.S. 90‑202.6(a);

90-202.8; 90-202.9; 90-202.10;

Eff. November 1, 2015.

 

SECTION .0300 ‑ PROFESSIONAL CORPORATIONS

 

21 NCAC 52 .0301             REGISTRATION

No podiatrist or group of podiatrists may operate in the

State of North Carolina as a professional corporation without first obtaining

from the board a certificate of registration as required by the General

Statutes. Registration shall be as set forth in G.S. 55B-10:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_55B/GS_55B-10.html. 

Each corporate registrant must pay a separate registration fee of twenty-five

dollars ($25.00) per year for each separate establishment where podiatric

services are performed.  

 

History Note:        Authority G.S. 55B‑10; 90-202.4(g);

Eff. February 1, 1976;

Amended Eff. June 1, 2011; December 1, 1988.

 

21 NCAC 52 .0302             ANNUAL RENEWAL

Annual renewal of a professional podiatry corporate registration

shall be as set forth in G.S. 55B-11: 

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_55B/GS_55B-11.html.

 

History Note:        Authority G.S. 55B‑11; 90-202.4(g);

Eff. February 1, 1976;

Amended Eff. June 1, 2011; December 1, 1988.

 

21 NCAC 52 .0303             PENALTIES

Penalties for non-renewal of a professional podiatry

corporation certificate of registration shall be as set forth in G.S. 55B-11: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_55B/GS_55B-11.html.

 

History Note:        Authority G.S. 55B‑11; 90-202.4(g);

Eff. December 1, 1988;

Amended Eff. June 1, 2011.

 

SECTION .0400 ‑ REVOCATION OR SUSPENSION OF LICENSE

 

21 NCAC 52 .0401             INITIATION OF PROCEEDINGS

 

History Note:        Authority G.S. 90‑202.8;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

21 NCAC 52 .0402             HEARINGS

The board may deny, revoke or suspend a license in

accordance with Article 3A of G.S. 150B.  In addition, the board may summarily

suspend a license where the public health, safety or welfare requires emergency

action as provided in G.S. 150B‑3(c).

 

History Note:        Authority G.S. 90‑202.8; 150B‑38;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .0403             SERVICE OF NOTICE

Any notice required by the rules shall be given personally

or by certified mail, return receipt requested, directed to the licensee or

applicant at his last known address as shown by the records of the board. If

service cannot be accomplished either personally or by certified mail, it shall

then be given as provided in G.S. 1A‑1, Rule 4 (j1).

 

History Note:        Authority G.S. 90‑202.8; 150B‑38;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .0404             PLACE OF HEARINGS

A hearing conducted by the board shall be held in the

location as provided by statute.

 

History Note:        Authority G.S. 90‑202.8; 150B‑38(e);

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .0405             TRIAL EXAMINER OR DEPOSITION

21 NCAC 52 .0406             EVIDENCE ADMISSIBLE

21 NCAC 52 .0407             FAILURE TO APPEAR

 

History Note:        Authority G.S. 90‑202.8;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

21 NCAC 52 .0408             APPEAL

A podiatrist who is aggrieved by a final decision in a

contested case may obtain judicial review of the decision of the board as

provided by statute.

 

History Note:        Authority G.S. 90‑202.8; 150B‑43

to 150B‑45;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

SECTION .0500 ‑ CERTIFICATION OF PODIATRIC ASSISTANTS

 

21 NCAC 52 .0501             APPLICATION

21 NCAC 52 .0502             EXAMINATION

21 NCAC 52 .0503             CERTIFICATION

21 NCAC 52 .0504             ANNUAL RENEWAL

 

History Note:        Authority G.S. 90‑202.6;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

SECTION .0600 ‑ GENERAL PROVISIONS

 

21 NCAC 52 .0601             APPLICATION FOR EXAMINATION

The application for examination shall be used by all

applicants who wish to take the examination for licensure.  It requires the

applicant to furnish the board with information required or permitted by these

Rules.  The form may be obtained in hard-copy or electronic format from the

office of the executive secretary or from the board's website at www.ncbpe.org.

 

History Note:        Authority G.S. 90‑202.5;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; April 1, 2005; January 1,

2005; December 1, 1988.

 

21 NCAC 52 .0602             CERTIFICATE OF LICENSURE

21 NCAC 52 .0603             APPLICATION FOR RENEWAL

21 NCAC 52 .0604             CERTIFICATE OF CONTINUING EDUCATION

21 NCAC 52 .0605             CERTIFICATE FOR ESTABLISHING A PROFESSIONAL

CORPORATION

21 NCAC 52 .0606             CERTIFICATE OF REGISTRATION OF

PROFESSIONAL CORPORATION

 

History Note:        Authority G.S. 55B‑10; 55B‑11;

90‑202.6; 90‑202.10; 90‑202.11;

Eff. February 1, 1976;

Amended Eff. December 1, 1988;

Repealed Eff. June 1, 2011.

 

21 NCAC 52 .0607             APPLICATION FOR EXAMINATION:

PODIATRIC ASSISTANTS

21 NCAC 52 .0608             CERTIFICATE OF REGISTRATION:

PODIATRIC ASSISTANTS

21 NCAC 52 .0609             ANNUAL RENEWAL: PODIATRIC ASSISTANTS

 

History Note:        Authority G.S. 90‑202.4;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

21 NCAC 52 .0610             APPL/EXAM/PODIATRIST LICENSED/OTHER

STATES (RECIPROCITY)

The application for examination for those already licensed

in other states to practice podiatric medicine shall be used by applicants who

request such consideration.  The requirements shall be the same as for the

applicant in Rule .0201 of this Chapter and as required by statute.  Application

forms may be obtained from the office of the executive secretary of the board

or from the board's website at www.ncbpe.org.

 

History Note:        Authority G.S. 90‑202.7;

Eff. December 1, 1988;

Amended Eff. June 1, 2011; January 1, 2005.

 

21 NCAC 52 .0611             FORMS AND APPLICATIONS

(a)  The Board shall issue the following items in accordance

with applicable state statutes and this Chapter's administrative rules:

(1)           Certificate of Licensure;

(2)           Licensure Renewal Card;

(3)           Temporary License Certificate; and

(4)           Certificate of Corporate Registration.

(b)  The Board shall provide and require use of the

following application forms that may be obtained from the Board's web

site, http://www.ncbpe.org:

(1)           Licensure Renewal Application;

(2)           Disclaimer Form;

(3)           Corporate Registration Application;

(4)           Corporate Registration Renewal;

(5)           Specialty Credentialing Application;

(6)           CME (Continuing Medical Education)

Submission Form;

(7)           Recommendation Form; and

(8)           License Application (Regular, Temporary,

Military, Reciprocity).

 

History Note:        Authority G.S. 55B-10; 55B-11; 90‑202.4(g);

90-202.6; 90-202.7; 90-202.9; 90-20.10; 90-202.11;

Eff. June 1, 2011;

Amended Eff. November 1, 2015; October 1, 2014.

 

21 NCAC 52 .0612             PAYMENT OF FEES

The Board shall accept payment of its fees in the form of

cash, money order, check, or credit card. For checks that are returned by

the Board's bank for insufficient funds, the payor shall reimburse the Board

the fee charged to the Board by the bank for insufficient funds. For each

credit card payment transaction, the Board shall assess a convenience fee in

the amount equivalent to the merchant account fee the bank charges the Board

for processing of credit card charges.

 

History Note:        Authority G.S. 55B-10; 55B-11; 90‑202.4(g);

90-202.5; 90‑202.10;

Eff. October 1, 2012.

 

21 NCAC 52 .0613             FEE Schedule

The following fees shall apply:

(1)           Application for examination (non-refundable)

$300.00

(2)           Examination (non-refundable) $50.00

(3)           Re-Examination (application + exam fee,

non-refundable) $350.00

(3)           License certificate $100.00

(4)           Annual License Renewal $200.00

(5)           License Renewal Late Fee (per month, up to 6

months) $25.00

(6)           Data Processing Fee for Pharmaceutical Verification

as set forth in Rule .0210 of this Chapter $300.00

(7)           Returned check the fee as set forth in Rule .0612

of this Section.  As of the effective date of this Rule that fee is $12.00

(8)           Incorporation for PA/PC/PLLC $50.00

(9)           Annual Corporate Renewal $25.00

(10)         Corporate Renewal Late Fee $10.00

 

History Note:        Authority G.S. 90‑202.5(a);90-202.6(c);

90-202.9; 90-202.10; 55B-10; 55B-11;55B-12; 150B-19(5)(e);

Eff. April 1, 2013.

 

SECTION .0700 ‑ PETITIONS FOR RULES

 

21 NCAC 52 .0701             PETITION FOR RULEMAKING HEARINGS

Any person wishing to submit a petition requesting the board

to promulgate, amend or repeal a rule shall address a petition to the office of

the Board of Podiatry Examiners.  The caption of the petition shall bear the

notation:  RULEMAKING PETITION RE: and then the subject area.

 

History Note:        Authority G.S. 150B-20;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; January 1, 2005; December 1,

1988.

 

21 NCAC 52 .0702             CONTENTS OF PETITION

The petition must include the following information:

(1)           an indication of the subject area to which the

petition is directed.  For example: "This petition is to hold a rulemaking

hearing to amend Rule .0000;"

(2)           either a draft of the proposed rule or a summary of

its contents;

(3)           reason for the proposal;

(4)           the effect on existing rules;

(5)           any data supporting the proposal;

(6)           effect of the proposed rule on existing practices

in the area involved, including cost factors;

(7)           names of those most likely to be affected by the

proposed rule with addresses if reasonably known; and

(8)           name(s) and address(es) of petitioner(s).

 

History Note:        Authority G.S. 150B-20;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; December 1, 1988.

 

21 NCAC 52 .0703             DISPOSITION OF PETITIONS

(a)  The board shall determine whether the public interest

will be served by granting the request.  Prior to making this determination,

the board may request additional information from the petitioner(s); it may

contact interested persons or persons likely to be affected by the proposed

rule and request comments; and it may use any other appropriate method for

obtaining information on which to base its determination.  It shall consider

the contents of the petition submitted plus any other information obtained by

the means described herein.

(b)  The board shall make a determination for the

institution of rulemaking proceedings or for the denial of the petition as

provided by G.S. 150B-20.

 

History Note:        Authority G.S. 150B-20;

Eff. February 1, 1976;

Amended Eff. June 1, 2011; December 1, 1988.

 

SECTION .0800 ‑ NOTICE OF RULEMAKING HEARINGS

 

21 NCAC 52 .0801             TIMING OF NOTICE

21 NCAC 52 .0802             NOTICE MAILING LIST

21 NCAC 52 .0803             ADDITIONAL INFORMATION

 

History Note:        Authority G.S. 150B‑12; 150B‑12(a)(2);

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

21 NCAC 52 .0804             NOTICE MAILING LIST

(a)  Upon a determination to hold a rulemaking proceeding,

either in response to a petition or otherwise, the Board shall give notice to

all interested parties of the proceedings in accordance with the requirements

of G.S. 150B.

(b)  Mailing List.  Any person desiring to be placed on the

mailing list for the rulemaking notices may file a request in writing,

furnishing his name and mailing address to the Board.  The request shall state

the subject areas within the authority of the Board for which notice is

requested.

(c)  Fee Charged.  The cost to be on the mailing list for rulemaking

notices shall be fifteen dollars ($15.00) per year.  A notice and invoice shall

be mailed no later than February 1 of each year to the last known address of

persons on the mailing list.  Persons who do not renew their request to remain

on the mailing list by remitting the fee by March 1 of each year shall be

deleted from the list.

 

History Note:        Authority G.S. 150B‑21.2(d); 90-20.4(g);

Eff. April 1, 2005;

Amended Eff. June 1, 2011.

 

SECTION .0900 ‑ RULEMAKING HEARINGS

 

21 NCAC 52 .0901             REQUEST TO PARTICIPATE

21 NCAC 52 .0902             CONTENTS OF REQUEST: GENERAL TIME

LIMITATIONS

21 NCAC 52 .0903             RECEIPT OF REQUEST: SPECIFIC TIME

LIMITS

21 NCAC 52 .0904             WRITTEN SUBMISSIONS

21 NCAC 52 .0905             PRESIDING OFFICER: POWERS AND DUTIES

21 NCAC 52 .0906             STATEMENT OF REASONS FOR DECISION

21 NCAC 52 .0907             RECORD OF PROCEEDINGS

21 NCAC 52 .0908             EMERGENCY RULES

 

History Note:        Authority G.S. 150B‑12; 150B‑13;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

SECTION .1000 ‑ DECLARATORY RULINGS

 

21 NCAC 52 .1001             SUBJECTS OF DECLARATORY RULINGS

Any person substantially affected by a statute administered

or rule promulgated by the board may request a declaratory ruling as provided

in G.S. 150B‑17.

 

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .1002             SUBMISSION OF REQUEST FOR RULING

All requests for declaratory rulings shall be written and

mailed to the Board of Podiatry Examiners, 1500 Sunday Drive, Suite

102, Raleigh, North Carolina 27607.  Attention: Executive Secretary.  The request

shall include the following information:

(1)           name and address of petitioner;

(2)           statute or rule to which petition relates;

(3)           concise statement of the manner in which petitioner

is aggrieved by the rule or statute or its potential application to him;

(4)           a statement of whether an oral hearing is desired,

and if so, the reason therefore.

 

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976;

Amended Eff. January 1, 2005; December 1, 1988.

 

21 NCAC 52 .1003             DISPOSITION OF REQUESTS

(a)  When the board deems it appropriate to issue a

declaratory ruling, it shall issue such declaratory ruling within 60 days of

receipt of the petition.

(b)  A declaratory ruling proceeding may consist of written submissions,

an oral hearing, or other procedure as may be appropriate in the circumstances

of the particular request.

(c)  Whenever the board believes "for good cause"

that the issuance of a declaratory ruling is undesirable, it may refuse to

issue such ruling.  When good cause is deemed to exist, it will notify the

petitioner of its decision in writing, stating the reasons for the denial of

the declaratory ruling.

(d)  For purposes of Subpart (c) of this Rule, the board

will ordinarily refuse to issue a declaratory ruling:

(1)           unless the petitioner shows that the

circumstances are so changed since the adoption of the rule that such a ruling

would be warranted;

(2)           unless the petitioner shows that the agency

did not give to the factors specified in the request for a declaratory ruling a

full consideration at the time the rule was issued;

(3)           where there has been a similar controlling

factual determination in a contested case, or where the factual context being

raised for a declaratory ruling was specifically considered upon the adoption

of the rule or directive being questioned, as evidenced by the rulemaking

record;

(4)           where the subject matter of the request is

involved in pending litigation in any state or federal court in North Carolina.

 

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976.

 

21 NCAC 52 .1004             RECORD OF DECISION

A record of all declaratory ruling proceedings will be

maintained in the board office for as long as the ruling is in effect and for

five years thereafter.  This record will contain: the petition, all written submissions

filed in the request, whether filed by the petitioner or any other person, and

a record or summary of oral presentations, if any.  Records of declaratory

ruling proceedings will be available for public inspection during the regular

office hours of the board's office.

 

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .1005             DEFINITION

For purposes of Rule .1004 of this Section, a declaratory

ruling shall be deemed to be "in effect":  until the statute or rule

interpreted by the declaratory ruling is amended or repealed; until the board

changes the declaratory ruling prospectively for good reasons; or until any

court sets aside the ruling.

 

History Note:        Authority G.S. 150B‑12; 150B‑17;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

SECTION .1100 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

21 NCAC 52 .1101             RIGHT TO HEARING

21 NCAC 52 .1102             REQUEST FOR HEARING

21 NCAC 52 .1103             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 52 .1104             NOTICE OF HEARING

21 NCAC 52 .1105             WHO SHALL HEAR CONTESTED CASES

21 NCAC 52 .1106             PETITION FOR INTERVENTION

21 NCAC 52 .1107             TYPES OF INTERVENTION

 

History Note:        Authority G.S. 1A‑1, Rule 24; 150B‑2(2);

150B‑23(a); 150B‑38; 150B‑38(f);

150B‑40;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

SECTION .1200 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:

RELATED RIGHTS AND PROCEDURES

 

21 NCAC 52 .1201             FAILURE TO APPEAR

 

History Note:        Authority G.S. 150B‑42 to 150B‑45;

Eff. February 1, 1976;

Repealed Eff. December 1, 1988.

 

21 NCAC 52 .1202             SIMPLIFICATION OF ISSUES

The parties to a contested case may agree in advance to

simplify the hearing by:  decreasing the number of the issues to be contested

at the hearing; accepting the validity of certain proposed evidence; accepting the

findings in some other case with relevance to the case at hand; or agreeing to

such other matters as may expedite the hearing.

 

History Note:        Authority G.S. 150B‑40;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .1203             SUBPOENAS

The board issues subpoenas as provided in G.S. 150B‑39.

 

History Note:        Authority G.S. 150B‑39;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

21 NCAC 52 .1204             FINAL DECISIONS IN ADMINISTRATIVE

HEARINGS

The board shall make a written final decision or order in

all contested cases as provided by G.S. 150B‑42.

 

History Note:        Authority G.S. 150B‑42;

Eff. February 1, 1976;

Amended Eff. December 1, 1988.

 

SECTION .1300 ‑ NOMINATIONS FOR PODIATRISTS MEMBERS OF

THE BOARD OF PODIATRY EXAMINERS: BOARD OF PODIATRY EXAMINERS CONSTITUTING A

BOARD OF PODIATRY ELECTIONS: PROCEDURES FOR HOLDING AN ELECTION

 

21 NCAC 52 .1301             BOARD OF PODIATRY ELECTIONS

The Board of Podiatry Examiners serve as the Board of

Podiatry Elections for the purpose of submitting, as vacancies on the board

occur, nominees to the Governor for appointment as required by statute.  Every

podiatrist with a current North Carolina license residing in this state shall

be eligible to vote in all elections subject to the procedures set out in Rule

.1302.

 

History Note:        Authority G.S. 90‑202.4;

Eff. September 1, 1982;

Amended Eff. December 1, 1988; May 1, 1983.

 

21 NCAC 52 .1302             PROCEDURES FOR CONDUCTING ELECTIONS

The procedures to be followed in the conducting of elections

to fill podiatrists' positions on the Board of Podiatry Examiners are as set

forth in this Rule:

(1)           At least 30 days prior to the expiration of the

term of a board member, written notice of the holding of an election shall be

sent to every podiatrist with a current North Carolina license residing in this

state using a mailing or electronic address as contained in the board's

official records.

(2)           The notice shall have with it a list of at least

two, but no more than three nominees proposed by the Board of Podiatry

Examiners for the board member position to be filled.

(3)           The election or voting for the board member

position shall take place annually prior to July 1 of each year. Additional

nominations may be received from the floor or as write‑in nominations on

a ballot and may be received from any licensed podiatrist residing in North Carolina.

(4)           Ballots shall be prepared by the Board of Podiatry

Elections and distributed or mailed to all North Carolina licensed podiatrists

who reside in North Carolina.  Any podiatrist who is eligible to vote and who

wishes to vote and who will not be in attendance at the election meeting may

request a written ballot from the executive secretary or secretary-treasurer

and shall return the ballot prior to the election meeting. Each voting

podiatrist shall mark his/her ballot and cast his/her ballot in the ballot box

or other designated receptacle, or return the ballot to the board by the

specified deadline for receipt of ballots. Late ballots shall not be counted.

(5)           The executive secretary, secretary-treasurer or

such other member of the board as may be designated by the President of the Board

of Podiatry Examiners shall conduct a tally of the ballots, record the two

names receiving the highest number of votes and their respective percentages,

and submit to the president of the board the names of the two nominees

receiving the highest number of votes and their respective percentage of votes.

(6)           The president of the board shall in turn submit to

the Governor the two names who received the highest number of votes and their

respective percentage of votes with biographical data on the two podiatrists

being submitted.

(7)           It shall not be necessary for an individual

podiatrist to receive a majority of votes of those North Carolina licensed

podiatrists participating in the election.  All licensees shall be notified of

the results of the election.

(8)           To be eligible for board membership, a podiatrist

must be a licensed podiatrist in North Carolina at least for the period of time

prescribed by statute.  A vote for any licensed podiatrist not holding a North Carolina license for that minimum period shall not be counted.

 

History Note:        Authority G.S. 90-202.4;

Eff. September 1, 1982;

Amended Eff. May 1, 1983;

Legislative Objection Lodged Eff. May 11, 1983;

Curative Amended Eff. May 13, 1983;

Amended Eff. April 1, 2005; December 1, 1988.

 

SECTION .1400 - SCOPE OF PRACTICE

 

21 NCAC 52 .1401             SOFT TISSUE PROCEDURES

Simple soft

tissue procedures pursuant to G.S. 90-202.2(b) are procedures involving

structures proximal to a line parallel with the dome of the talus that may be

performed by a podiatrist in an office setting include:

(1)        ligation

of superficial veins or vessels;

(2)        repair

of soft tissue lacerations and abrasions;

(3)        incision,

drainage and debridement of abscesses, hematomas, and ulcerations;

(4)        excision

of foreign bodies and soft tissue masses which are not known or thought to be

malignant;

(5)        biopsy

and cauterization of soft tissue lesions;

(6)        ligamentous

and tendon repairs found during the aforementioned procedures;

(7)        release

of nerve entrapment found in conjunction with an extension of nerve entrapment

procedures of the foot.

 

History Note:        Authority G.S. 90-202.2(b);

Eff. October 1, 1995.

 

 

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