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Repealed Eff.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Repealed Eff.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.
