Nac: Chapter 635 - Podiatry

Link to law: http://www.leg.state.nv.us/nac/NAC-635.html
Published: 2015

[Rev. 11/22/2013 10:04:02

AM--2013]



[NAC-635 Revised Date: 3-12]

CHAPTER 635 - PODIATRY

GENERAL PROVISIONS

635.001            Definitions.

635.010            Meetings of the Board.

635.023            Photographs and fingerprints

required with application.

635.025            Fees for applications.

635.030            Refund of fee for application for

licensure as podiatrist.

635.050            Authority of Board following

revocation or suspension of podiatrist’s license in another state.

635.055            Fee for annual renewal of license;

additional fee for delinquency.

635.065            Additional requirement for

provisional license.

635.075            Performance by provisional licensee

of duty, task or function; limitation.

635.080            Conditional approval of residency

program: Submission of documents to Board; review of program.

635.085            Final approval of residency

program.

635.092            “Residency approved by the Board”

interpreted.

635.095            “Licensee” interpreted.

635.098            Adoption by reference of Code of

Ethics.

PROCEEDINGS BEFORE BOARD

635.100            Appearance by members of Board’s

staff.

635.110            Appearance by party to proceeding.

635.120            Service of documents; withdrawal of

attorney.

635.130            Error or defect in pleadings or

proceedings.

635.140            Form of petitions.

635.150            Complaints: Citations; joinder.

635.160            Decision to proceed with hearing;

response to complaint.

635.170            Motions; oral argument.

635.180            Copies of pleadings, motions or

other documents.

635.190            Service of documents.

635.200            Notice of hearing.

635.210            Failure to appear at hearing.

635.220            Commencement of proceedings.

635.230            Conduct of parties, counsel and

spectators at hearing.

635.240            Order of hearing evidence.

635.250            Consolidation of proceedings.

635.260            Stipulation.

635.270            Briefs: Time for filing; service

upon parties.

635.280            Informal hearing.

635.290            Rehearings.

635.300            Petition for declaratory order or

advisory opinion.

635.310            Copy of declaratory order or

advisory opinion sent to petitioner.

635.320            Petition for adoption, amendment or

repeal of regulation.

635.330            Petition to appear before the

Board.

UNPROFESSIONAL CONDUCT

635.350            Violations interpreted as

unprofessional conduct.

635.360            Reporting of act which is ground

for disciplinary action.

635.365            Continuing education: Retention and

submission of certificate of completion.

635.370            Consultation with another

podiatrist or provider of health care.

635.375            Advertising practices: Forbidden

practices; grounds for disciplinary action.

635.380            Neglect or discontinuance of care

of patient.

635.385            Filing of address of residence and

business; delivery of notice to address of residence.

635.390            Conduct interpreted to be

unprofessional conduct.

 

 

 

GENERAL PROVISIONS

      NAC 635.001  Definitions. (NRS 635.030)  As used

in this chapter, unless the context otherwise requires:

     1.  “Board” means the State Board of

Podiatry.

     2.  “Presiding officer” means a member of the

Board who presides at a hearing.

     3.  “Provisional licensee” means a person who

is licensed by the Board to practice podiatry pursuant to NRS 635.082.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86; A 2-28-97;

R180-08, 2-11-2009)

      NAC 635.010  Meetings of the Board. (NRS 635.010)  The

Board will meet on the dates set by the President or an officer of the Board

authorized by the President.

     [Bd. of Podiatry, § 1, eff. 7-1-65]—(NAC A 10-17-86)

      NAC 635.023  Photographs and fingerprints required with application. (NRS 239B.010, 635.030, 635.050)

     1.  An applicant for licensure must provide

two photographs of himself or herself in full face which were taken within the

previous 6 months. Each photograph must measure 2 inches by 2 inches.

     2.  An applicant for licensure must provide

to the Board:

     (a) A complete set of fingerprints;

     (b) A fee for the processing of the fingerprints of

the applicant that is equal to the actual costs charged by the Central

Repository for Nevada Records of Criminal History and the Federal Bureau of

Investigation for processing the fingerprints of the applicant; and

     (c) Written permission authorizing the Board to

forward those fingerprints to the Central Repository for submission to the

Federal Bureau of Investigation for its report. The Board may exchange with the

Federal Bureau of Investigation any information relating to the fingerprints of

an applicant pursuant to this section.

     (Added to NAC by Bd. of Podiatry, eff. 11-6-90; A by

R092-02, 9-20-2002; R180-08, 2-11-2009)

      NAC 635.025  Fees for applications. (NRS 635.030, 635.050, 635.082, 635.093)  The fee

required for:

     1.  An application for a license to practice

as a podiatrist is $600;

     2.  An application for a license to practice

as a podiatry hygienist is $100; and

     3.  An application for a license to practice

as a provisional licensee is $400.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86; A 11-6-90;

2-28-97; R092-02, 9-20-2002; R180-08, 2-11-2009)

      NAC 635.030  Refund of fee for application for licensure as podiatrist. (NRS 635.030)  The

Board will refund to an unqualified applicant for licensure as a podiatrist all

of the fees paid in connection with his or her application except $100.

     [Bd. of Podiatry, § 6, eff. 7-1-65]—(NAC A 11-23-92;

R180-08, 2-11-2009)

      NAC 635.050  Authority of Board following revocation or suspension of

podiatrist’s license in another state. (NRS 635.030, 635.065)

     1.  The Board may, if it deems it

appropriate, deny the application to practice podiatry of a person who has had

a similar license to practice revoked or suspended in another state.

     2.  The Board may, if it deems it

appropriate, take disciplinary action against a podiatrist licensed in this

state if he or she holds a similar license to practice in another state and

that license is revoked or suspended.

     [Bd. of Podiatry, § 9, eff. 7-1-65]—(NAC A 11-23-92)

      NAC 635.055  Fee for annual renewal of license; additional fee for

delinquency. (NRS

635.030, 635.110)

     1.  The fee for the annual renewal of a

license of a:

     (a) Podiatrist is $400; and

     (b) Podiatry hygienist is $100.

     2.  If a license is delinquent, an additional

annual fee for delinquency equal to 50 percent of the annual renewal fee must

be paid before the license will be reinstated.

     (Added to NAC by Bd. of Podiatry, eff. 11-19-85; A 10-17-86;

8-31-88; 11-23-92; 2-28-97)

      NAC 635.065  Additional requirement for provisional license. (NRS 635.030, 635.082)  In

addition to the requirements set forth in NRS 635.082, an applicant for a

provisional license to practice podiatry must submit to the Board satisfactory

proof that he or she has been accepted into a residency program which has been

approved or provisionally approved by the Board and is located within the State

of Nevada.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.075  Performance by provisional licensee of duty, task or function;

limitation. (NRS

635.030, 635.082)

     1.  A provisional licensee who participates

in a residency program which has been approved or provisionally approved by the

Board may perform any duty, task or function that his or her supervising

podiatrist determines to be appropriate for his or her educational advancement.

     2.  A provisional licensee shall not practice

podiatry in a manner not specifically authorized by the residency program in

which he or she participates.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.080  Conditional approval of residency program: Submission of

documents to Board; review of program. (NRS 635.030, 635.082)

     1.  The Board will conditionally approve a

residency program if the director of the residency program submits to the

Board, not later than 3 months before the projected date of commencement of the

residency program:

     (a) Proof that the residency program has received

the preliminary approval of the Council on Podiatric Medical Education of the

American Podiatric Medical Association.

     (b) An outline of the residency program which

includes, without limitation:

          (1) The name of the director of the residency

program;

          (2) The name of each medical facility

associated with the residency program;

          (3) The name of each provider of health care

associated with the residency program;

          (4) The projected number of times that a

resident will provide to a patient each of the medical services set forth in

subsection 1 of NRS 635.085; and

          (5) A description of the rotations required of

each resident in the residency program, including, without limitation, the

location of each rotation and the length of time that a resident must spend in

each rotation.

     2.  After the first provisional licensee

completes his or her residency in a residency program which has received

conditional approval from the Board, the Board will review the program to

ensure that the program is being operated in accordance with the outline of the

program submitted pursuant to subsection 1. In reviewing the program, the Board

will emphasize the number of times a resident provides to a patient each of the

medical services set forth in subsection 1 of NRS 635.085.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.085  Final approval of residency program. (NRS 635.030, 635.082)  The

Board will give final approval of a residency program which:

     1.  Is conducted in a medical facility which

conforms to the minimum standards for residency training established and

approved by the Board;

     2.  Is offered by a medical facility within

the State of Nevada which is accredited by the American Podiatric Medical

Association;

     3.  Is given conditional approval and is

operated in accordance with the outline of the program established pursuant to NAC 635.080; and

     4.  Is approved by the Council on Podiatric

Medical Education of the American Podiatric Medical Association.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.092  “Residency approved by the Board” interpreted. (NRS 635.030, 635.050, 635.082)  For the

purposes of NRS 635.050, the

Board will interpret a “residency approved by the Board” to include a program

which has received conditional approval pursuant to NAC

635.080 only after the Board approves the program pursuant to NAC 635.085.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.095  “Licensee” interpreted. (NRS 635.030, 635.075, 635.082, 635.130)  For the

purposes of NRS 635.130, the

Board will interpret “licensee” to include a provisional licensee and a holder

of a limited license to practice podiatry.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.098  Adoption by reference of Code of Ethics. (NRS 635.030)  The

Board hereby adopts by reference the Code of Ethics, April 2005, adopted

by the American Podiatric Medical Association, except that the Association

Ethics Rules AE1.0 Conflict of Interest, AE2.0 Confidentiality and AE3.0

Commercial Relationships are deleted. A copy of this publication may be

obtained, free of charge, by mail from the American Podiatric Medical

Association, Inc., 9312 Old Georgetown Road, Bethesda, Maryland 20814-1621, or

by telephone at (301) 581-9200.

     (Added to NAC by Bd. of Podiatry by R180-08, eff. 2-11-2009)

PROCEEDINGS BEFORE BOARD

      NAC 635.100  Appearance by members of Board’s staff. (NRS 635.030)  The

members of the Board’s staff may appear at any proceeding and participate as a

party.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.110  Appearance by party to proceeding. (NRS 635.030)  A party

who has not previously entered an appearance may do so at the beginning of a

hearing, or at any time designated by the presiding officer, by giving his or

her name and address and stating his or her position or interest to the

presiding officer. The information must be entered in the record of the

hearing.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.120  Service of documents; withdrawal of attorney. (NRS 635.030)

     1.  If a party is represented by an attorney,

any document, other than a complaint or a notice of hearing which is required

to be served upon any party, must be served upon his or her attorney. Service

on the attorney is service upon the party.

     2.  If a party is not represented by an

attorney, service by mail must be made to the last known address of the party.

     3.  An attorney of record wishing to withdraw

from a proceeding before the Board shall, in writing, immediately notify the

Board and all parties to the proceeding of his or her withdrawal.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.130  Error or defect in pleadings or proceedings. (NRS 635.030)  The

presiding officer shall, at every stage of any proceeding, disregard an error

or defect in the pleading or proceeding which does not affect the substantial

rights of the parties.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.140  Form of petitions. (NRS 635.030)  A

petition for affirmative relief, a declaratory order or an advisory opinion

must be in writing, contain the petitioner’s full name and mailing address and

be signed by him or her.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.150  Complaints: Citations; joinder. (NRS 635.030, 635.130, 635.158)

     1.  Any statute, regulation or order referred

to in a complaint must be accompanied by a complete citation to that statute,

regulation or order.

     2.  Two or more persons filing a complaint

with the Board may join in one complaint if their complaints are against the

same person and deal substantially with the same violation of chapter 635 of NRS or of a regulation of

the Board.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.160  Decision to proceed with hearing; response to complaint. (NRS 635.030, 635.130, 635.158)  If the

Board, after reviewing a complaint, decides to proceed with a hearing, it will

send a copy of the complaint to each person against whom the complaint is made.

A response to the complaint must be filed within 20 days after receipt of the

complaint.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.170  Motions; oral argument. (NRS 635.030)

     1.  Unless it is made during a hearing, a

motion must be made in writing. Each written motion must state the relief

sought and the grounds for the motion.

     2.  A party opposing a motion may file with

the Board a written response to it and serve a copy of the response on the

party making the motion. The party who made the motion may file with the Board

a written reply to the response and serve a copy of the reply on the party

making the response.

     3.  If the Board requires oral argument it

will set a date and time for hearing the argument.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.180  Copies of pleadings, motions or other documents. (NRS 635.030, 635.158)  Except

for a complaint, an original and seven legible copies of each pleading, motion

or other document related to the proceeding must be filed with the Board. The

person filing any pleading or motion with the Board shall make a copy of it

available to any other person who the Board determines is affected by the

proceeding and who desires a copy.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.190  Service of documents. (NRS 635.030, 635.158)  Except

for a complaint and the notice of a hearing, every document required to be

served by or upon the Board or other party must be served personally or by

mail. Service by mail shall be deemed complete when the document, properly

addressed and stamped, is deposited in the United States mail.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.200  Notice of hearing. (NRS 233B.121, 635.030)  Except

for the notice of hearing on a complaint, the Board will serve notice of a

hearing at least 20 days before the day of the hearing. Any hearing which has

been continued may be reconvened after a notice of at least 3 days.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.210  Failure to appear at hearing. (NRS 635.030)

     1.  If a party fails to appear at a hearing

scheduled by the Board and no continuance has been required or granted, the

Board will hear the testimony of the witnesses who have appeared and proceed to

consider the matter and dispose of it on the basis of the evidence before it.

     2.  If a person fails to appear at a hearing

or to request a continuance of the hearing, he or she may, within 15 days after

the date originally set for the hearing, apply to the Board to reopen the

proceedings. If the Board finds sufficient cause, it will set a new time and

place for the hearing. Any witness who has previously testified may be required

by the Board to appear at the second hearing.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.220  Commencement of proceedings. (NRS 635.030)  The

presiding officer shall call the proceeding to order, take the appearances and

act upon any pending motions or petitions. The parties may then make opening

statements.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.230  Conduct of parties, counsel and spectators at hearing. (NRS 635.030)  At a

hearing before the Board, all parties, their counsel and any spectators shall

conduct themselves in a respectful manner.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.240  Order of hearing evidence. (NRS 635.030)

     1.  In a hearing before the Board, evidence

will be heard in the following order:

     (a) For an application or petition:

          (1) From the applicant or petitioner.

          (2) From a member of the Board’s staff.

          (3) From a party protesting the application or

petition.

          (4) Rebuttal by applicant or petitioner.

     (b) For a complaint:

          (1) From the complainant.

          (2) From the respondent.

          (3) Rebuttal by complainant.

          (4) Rebuttal by respondent.

     2.  The presiding officer may:

     (a) Modify the order of presentation for good

cause; and

     (b) Allow the parties to make closing statements.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.250  Consolidation of proceedings. (NRS 635.030)  The

presiding officer may consolidate two or more proceedings if it appears that

the issues are substantially the same and the interests of the parties will not

be prejudiced by the consolidation.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.260  Stipulation. (NRS 635.030)  With the

approval of the presiding officer, the parties may stipulate to any fact at

issue, either by a written stipulation introduced in evidence as an exhibit or

by an oral statement shown upon the record. The presiding officer may require

proof of the facts to which the parties stipulated.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.270  Briefs: Time for filing; service upon parties. (NRS 635.030)  The

Board may request that briefs be filed within a specified time. A brief must be

served upon all parties to the proceeding.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.280  Informal hearing. (NRS 635.030)  The

Board may hold an informal hearing to mediate a controversy between two

licensees or a licensee and a member of the Board’s staff.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.290  Rehearings. (NRS 635.030)

     1.  Within 15 days after the Board has made a

decision or issued an order, a party aggrieved by the decision may apply for a

rehearing by filing a written petition setting forth the grounds for the

rehearing. The Board will consider this petition within 30 days after receiving

it. If no action is taken by the Board within the 30-day period, the petition

shall be deemed denied.

     2.  The Board, on its own motion, may order a

rehearing of its decision if its original decision was based on mistake or

fraud.

     3.  The filing of a petition for a rehearing

does not relieve the parties from complying with the original decision, unless

the Board expressly so provides.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.300  Petition for declaratory order or advisory opinion. (NRS 635.030, 635.130)

     1.  If a petition for a declaratory order or

an advisory opinion is received at least 10 days before the next regularly

scheduled meeting of the Board, the Board will place the matter on the agenda

for that meeting. If the petition is not received before that date, the

petition will be placed on the agenda for the following meeting.

     2.  If the Board grants the petition, it will

issue its declaratory order or advisory opinion within 120 days. The Board may

schedule a hearing on the petition before issuing its decision.

     3.  A petition for a declaratory order or an

advisory opinion must be in writing.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.310  Copy of declaratory order or advisory opinion sent to petitioner. (NRS 635.030)  A copy

of the declaratory order or advisory opinion rendered by the Board will be sent

to the petitioner.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.320  Petition for adoption, amendment or repeal of regulation. (NRS 635.030)  A

petition for the adoption, amendment or repeal of a regulation must be in

writing.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.330  Petition to appear before the Board. (NRS 635.030, 635.130)

     1.  Any person may petition the Board to

appear and be heard on any matter within the jurisdiction of the Board. The

petition must contain a brief summary of the subject matter and the reason for

bringing the matter before the Board.

     2.  Upon receipt of the petition, a member of

the Board, as designated by the presiding officer, shall evaluate the petition

to determine whether it requires a formal hearing and if a special meeting of

the Board must be called for such a hearing.

     3.  If the petition states a:

     (a) Ground for the revocation or suspension of a

license or the probation of a licensee, the Board will inform the petitioner of

the requirements for filing a formal complaint.

     (b) Matter which is not a ground for the revocation

or suspension of a license or the probation of a licensee, the matter will be

placed on the agenda of the next regularly scheduled meeting.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

UNPROFESSIONAL CONDUCT

      NAC 635.350  Violations interpreted as unprofessional conduct. (NRS 635.030, 635.130)  The

Board will interpret a violation of NRS

629.051, 629.061 or 629.065 or NAC

635.360 to 635.390, inclusive, as

unprofessional conduct.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86; A 2-28-97)

      NAC 635.360  Reporting of act which is ground for disciplinary action. (NRS 635.030, 635.075, 635.082)  A

podiatrist, podiatry hygienist, provisional licensee or holder of a limited

license to practice podiatry shall promptly report to the Board any violation

of NRS 635.130, by a podiatrist,

podiatry hygienist, provisional licensee or holder of a limited license to

practice podiatry, which may be harmful to the public.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86; A 2-28-97;

R180-08, 2-11-2009)

      NAC 635.365  Continuing education: Retention and submission of certificate of

completion. (NRS

635.030, 635.110, 635.115)  A

podiatrist shall:

     1.  Retain a certificate of completion

received for completing a course of study or training to satisfy the

requirement of continuing education pursuant to NRS 635.115 for not less than 4

years after completing the course or training; and

     2.  Except as otherwise provided in NRS 635.115, submit a copy of the

certificate to the Board as the proof of completion of the hours of continuing

education required for renewal of a license pursuant to NRS 635.110.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.370  Consultation with another podiatrist or provider of health care. (NRS 635.030)  A

podiatrist or podiatry hygienist shall consult with another podiatrist or

another provider of health care for the patient if:

     1.  It appears that consultation will improve

the quality of medical care for that patient; or

     2.  If a consultation is requested by the

patient or the patient’s family.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.375  Advertising practices: Forbidden practices; grounds for

disciplinary action. (NRS 635.030, 635.130)

     1.  A podiatrist shall not advertise the

practice of podiatry in such a manner that the advertising:

     (a) Includes a statement which he or she knows to

be false, or through the exercise of reasonable care should have known to be

false, deceptive, misleading or harmful, to induce a person to use his or her

services;

     (b) Includes an extravagant claim, aggrandizement

of his or her abilities, or self-laudatory statement which is calculated to

attract a patient and has a tendency to mislead the public or produce

unrealistic expectations;

     (c) Is a false, deceptive or misleading statement

or representation regarding the price, cost, charge or fee for services or

regarding the services he or she has performed or will perform; or

     (d) Includes a certification from an entity that is

not approved by the Board, unless the advertising also includes a disclaimer

clearly stating that the certification was received from an entity that is not

approved by the Board.

     2.  Disciplinary action may be commenced

against a podiatrist whose statement or other advertising described in

subsection 1 has a tendency to:

     (a) Deceive, mislead or harm the public because of

its false, deceptive, misleading or harmful character; or

     (b) Produce unrealistic expectations, even though

no member of the public is actually deceived, misled or harmed, or no

unrealistic expectations are actually produced by the statement or other

advertising.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97)

      NAC 635.380  Neglect or discontinuance of care of patient. (NRS 635.030, 635.130)  A

podiatrist shall not neglect a patient and shall not discontinue his or her

professional services unless he or she has been discharged or has given the

patient notice that he or she is discontinuing his or her services.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

      NAC 635.385  Filing of address of residence and business; delivery of notice

to address of residence. (NRS 635.030, 635.075, 635.082)

     1.  An applicant for a license to practice as

a podiatrist, podiatry hygienist, provisional licensee or holder of a limited

license to practice podiatry shall file with the Board the current address of

his or her place of residence and place of business or proposed place of

business and shall notify the Board within 15 days of a change in such

information. Failure to comply with the provisions of this subsection shall be

deemed unprofessional conduct and is grounds for disciplinary action pursuant

to NRS 635.130.

     2.  If the Board is required by law or by the

provisions of this chapter to deliver notice by mail to a podiatrist, podiatry

hygienist, provisional licensee or holder of a limited license to practice

podiatry, the notice will be mailed to the address of his or her place of

residence which he or she last filed with the Board.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97; A by

R180-08, 2-11-2009)

      NAC 635.390  Conduct interpreted to be unprofessional conduct. (NRS 635.030, 635.130)  The

Board will interpret the following conduct by a podiatrist to be unprofessional

conduct:

     1.  The falsification of any record involving

health care, including records of his or her attendance on the patient and of

any medical procedures.

     2.  The writing of prescriptions for

controlled substances in amounts which constitute a departure from the

prevailing standards of acceptable medical practice.

     3.  Incompetent or negligent performance of

services which results in injury to a patient or which creates an unreasonable

risk that a patient may be harmed.

     4.  Consistent use of medical procedures,

services or treatments which constitute a departure from the prevailing

standards of acceptable medical practice but which do not constitute

malpractice or gross malpractice.

     5.  The rendering of professional services to

a patient while the podiatrist or podiatry hygienist is under the influence of

alcohol or any controlled substance or while his or her mental or physical

condition is impaired.

     6.  The use of misrepresentation, fraud,

deception or subterfuge to obtain controlled substances.

     7.  Writing a prescription for a controlled

substance for any person without an examination which confirms the medical

necessity for the controlled substance.

     8.  Receipt of remuneration of any kind,

directly or indirectly, from any:

     (a) Hospital for admitting a patient to the

hospital; or

     (b) Person furnishing medical services to a

patient, including services of a laboratory, radiology and physiotherapy

services, services of a pharmacy or services of a company which supplies

surgical and medical merchandise.

     9.  Charging an unreasonable additional fee

for tests by a laboratory, radiology services or other tests which are ordered

by the podiatrist and not performed in his or her office.

     10.  Violating a provision of the Code of

Ethics adopted by reference pursuant to NAC 635.098.

     (Added to NAC by Bd. of Podiatry, eff. 10-17-86; A 11-6-90,

eff. 7-1-91; 2-28-97; R180-08, 2-11-2009)
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