TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 315
PODIATRY

Section 315:1

    315:1 Board. – There shall be a board of podiatry consisting of 5 members; including 4 licensed podiatrists and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this section shall have the authority to vote in board determinations. The public member shall be a person who is not, and never was, a member of the podiatric profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of podiatric services or an activity directly related to podiatry, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.

Source. 1919, 141:1. PL 208:1. 1933, 58:1. 1937, 46:1. RL 254:1. 1947, 233:1. RSA 315:1. 1963, 259:1. 1969, 297:1. 1973, 72:65. 1981, 280:3, eff. July 1, 1981.

Section 315:1-a

    315:1-a Repealed by 2015, 276:108, XV, eff. July 1, 2015. –

Section 315:1-b

    315:1-b Meetings; Officers. –
I. The board shall meet quarterly, or more often as its business requires. A president and such other officers as the board deems necessary shall be elected annually from the membership of the board.
II. No board action shall be taken without an affirmative vote of the majority of board members eligible to participate in the matter in question. A board member shall not be eligible to participate in a vote when the board member has recused himself or herself from participation due to a conflict of interest.
III. The president of the board may call an emergency meeting when required by an imminent peril to the public health or safety or when the physical presence of a quorum is not reasonably practical for immediate board action. Emergency meetings may be conducted telephonically, with a quorum of board members eligible to vote with respect to the subject matter of the emergency. Any vote resulting from such meetings shall have the same effect as votes resulting from other meetings of the board, if such vote is ratified at the next regularly scheduled board meeting. The minutes and the procedures for emergency meetings shall comply with RSA 91-A:2.
IV. Elected board officers shall not serve more than 5 years in such elected positions.

Source. 2014, 103:1, eff. Aug. 10, 2014.

Section 315:2

    315:2 Requirements. –
I. Any person admitted to practice podiatry in this state shall be required to pass a proctored examination given by the National Board of Podiatric Medical Examiners. The person shall be of good professional character. The person shall have graduated from a college of podiatry or podiatry medicine which is accredited by the American Podiatric Medical Association, and maintaining at that time a standard satisfactory to the board. No person who is not licensed as a podiatrist as provided by RSA 315:8 shall practice or attempt to practice podiatry in the state or call oneself or allow oneself to be called a "podiatrist" or a "podiatric surgeon" or designate or describe the person's occupation by the use of any words or letters to lead others to believe that the person is so licensed.
II. Any person applying for licensure under this chapter, including any person seeking to restore or renew, shall provide the board with information relating to podiatric competence and professional conduct, in accordance with rules adopted under RSA 315:4, V.

Source. 1919, 141:6. PL 208:2. RL 254:2. RSA 315:2. 1963, 259:1. 1969, 297:2. 1973, 366:2. 1981, 280:4. 1991, 382:1. 1997, 16:1. 1998, 172:2. 2010, 68:1, eff. July 18, 2010. 2021, 197:106, eff. July 1, 2021.

Section 315:2-a

    315:2-a Peer Review Committee. – The board may establish a peer review committee consisting of 2 podiatrists appointed by the board and one medical practitioner, appointed by the board subject to the approval of the board of medicine. Each appointee shall serve for a 2-year term.

Source. 1977, 381:3. 1995, 286:26, eff. Jan. 1, 1996. 2021, 197:107, eff. July 1, 2021.

Section 315:3

    315:3 Repealed by 2021, 197:111, eff. July 1, 2021. –

Section 315:4

    315:4 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The qualifications of applicants in addition to those requirements set by statute.
II. Eligibility requirements for renewal of licensure, including the requirements for continuing education.
III. Ethical standards required to be met by each holder of any license issued under this chapter and how such license may be revoked for violation of these standards.
IV. [Repealed.]
V. The imposition of administrative fines authorized under RSA 315:9, III(f).
VI. Information required by the board in its application relative to the applicant's podiatric competence and professional conduct.
VII. Prescribing controlled drugs pursuant to RSA 318-B:41.

Source. 1919, 141:7. PL 208:4. RL 254:4. RSA 315:4. 1969, 297:3. 1977, 381:2. 1981, 280:5. 1991, 382:2, 3. 2003, 310:65, XII. 2010, 68:8, 9, III, 10. 2014, 167:37, eff. July 1, 2014. 2016, 50:1, 2, eff. July 2, 2016; 213:6, eff. June 7, 2016. 2021, 197:108, eff. July 1, 2021. 2023, 212:33, I, eff. Oct. 3, 2023.

Section 315:5

    315:5 Records and Reports. – The board shall keep a true record of its official acts in accordance with the retention policy established by the office of professional licensure and certification. With the exception of records compiled in connection with investigatory and deliberative aspects of disciplinary investigations and material otherwise exempt from disclosure under RSA 91-A or other applicable statutes, the board's records shall be subject to inspection at the board's office upon reasonable notice during ordinary business hours.

Source. 1919, 141:8. PL 208:5. RL 254:5. RSA 315:5. 1991, 382:4, eff. Jan. 1, 1992. 2021, 197:109, eff. July 1, 2021.

Section 315:6

    315:6 Scope of Podiatric Practice. – Except where disciplinary action has been taken by the board pursuant to RSA 315:9, the board shall issue the certificate for a licensed podiatrist to whoever satisfactorily passes an examination, and thereupon he shall have legal authority to diagnose and to treat by medical, mechanical, electrical and surgical means ailments of the human foot and lower leg. Allowable surgical treatment in a health care facility shall be determined by that health care facility credential committee, and such surgical treatment shall be performed at that health care facility. Such certificate shall not authorize the licensee to administer general anesthesia. Licenses shall not be issued for a period exceeding one year and shall be renewed as provided herein.

Source. 1919, 141:8. PL 208:6. RL 254:6. RSA 315:6. 1973, 140:20. 1991, 382:5. 1992, 63:1, eff. July 1, 1992.

Section 315:6-a

    315:6-a Services Provided by Telemedicine. – Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.

Source. 2020, 27:17, eff. July 21, 2020.

Section 315:7

    315:7 Examinations. – Successful passage of a proctored National Board of Podiatric Medical Examiners test, parts I, II, and III is required. The board shall keep a record of examination results.

Source. 1919, 141:5, 7. PL 208:7. RL 254:7. 2003, 310:61. 2010, 68:3, eff. July 18, 2010.

Section 315:8

    315:8 Licenses. –
I. The board shall issue a license to applicants who have submitted a complete application, paid a license fee, achieved a satisfactory examination score, and satisfied all other criteria of competence and professional character required by this chapter.
I-a. (a) The board shall issue special training licenses to persons of good professional character who are enrolled in a regular residency or graduate fellowship training program accredited by the Council for Podiatric Medical Education, and who possess such further education and training as the board may require by rule.
(b) A person holding a training license shall be subject to the disciplinary provisions of RSA 315:9 and such additional professional character and competency requirements as the board may require by rule.
(c) Training licenses shall be confined to activities performed in the course of the qualifying residency training program, shall expire automatically upon the licensee's separation from the residency training program for any reason, and may be issued on a restricted or conditional basis.
II. Upon review of any application for licensure under this chapter, the board may, upon notice and the opportunity for a hearing, deny an application, issue a license subject to restrictions or limitations as evidenced on the face of the license, or impose probationary conditions upon any applicant who fails to establish his qualifications to the satisfaction of the board.
III. Each license shall be numbered and recorded by the board. During each year, the board shall make available to each licensee upon the request of the licensee a list of the names, business addresses, and license numbers of all podiatrists licensed under this chapter.
IV. [Repealed.]

Source. 1919, 141:3. PL 208:8. 1935, 53:1. RL 254:8. RSA 315:8. 1957, 169:1. 1963, 259:1. 1977, 381:1. 1991, 382:6. 2003, 310:62. 2010, 68:9, I. 2014, 167:38, eff. July 1, 2014. 2015, 229:4, eff. July 1, 2015. 2016, 50:3, eff. July 2, 2016. 2022, 314:14, eff. July 1, 2022.

Section 315:9

    315:9 Disciplinary Action. –
I. [Repealed.]
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice podiatry;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Intentionally harming a patient or otherwise engaging in unprofessional conduct in practicing podiatry or activities ancillary to the practice of podiatry or any particular aspect or specialty of the practice of podiatry;
(d) Physical or mental incapacity, gross or repeated negligence or otherwise displaying a pattern of behavior incompatible with the basic knowledge and competence expected of persons licensed to practice podiatry or any particular aspect or specialty of the practice of podiatry;
(e) Habitual use of or addiction to the use of alcohol or other habit-forming drugs to the degree as to render him unfit to practice podiatry;
(f) Knowingly or willfully violating any provision of this chapter or any substantive rule or order issued by the board;
(g) Suspension or revocation of the licensee's license to practice podiatry in another jurisdiction.
III. [Repealed.]
IV. Every insurer, including self-insurers, providing professional liability insurance to a licensee of the board shall file complete reports with the board which describe all reservable claims and legal actions taken against an insured licensee for any medical injury as defined by RSA 329:17, III. Such reports shall be mailed within 30 days from the date the reserve is established or the legal process in received.
V. The board shall conduct an investigation of any person licensed by the board who has been the subject of 3 reservable insurance claims or legal actions for medical injury as defined in paragraph IV, which pertain to 3 different acts or events within any consecutive 5-year period commencing with the effective date of this act.
VI. Upon receipt of an administratively final order from the licensing authority of another jurisdiction which has imposed disciplinary sanctions against any person licensed by the board, or any person applying for licensure, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary action or, in the case of an applicant, license denial or restriction, should not be imposed in this state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. When acting under this paragraph, the board may issue any disciplinary sanction or take any action with regard to a license application, which would otherwise be permitted by this chapter, including sanctions or actions more stringent than those imposed by the foreign jurisdiction. The board shall adopt rules, pursuant to RSA 541-A, relative to handling summary proceedings brought under this paragraph, but shall furnish the respondent at least 10 days' written notice and an opportunity to be heard. The board may require a licensee to suspend practice in this state as a condition of postponing a scheduled date for hearing allegations brought under this paragraph.

Source. 1919, 141:4. PL 208:9. RL 254:9. RSA 315:9. 1977, 381:4. 1981, 280:6. 1991, 382:7-9, eff. Jan. 1, 1992. 2023, 212:33, II, eff. Oct. 3, 2023.

Section 315:10

    315:10 Repealed by 2023, 212:33, III, eff. Oct. 3, 2023. –

Section 315:10-a

    315:10-a Repealed by 2023, 212:33, IV, eff. Oct. 3, 2023. –

Section 315:10-b

    315:10-b Repealed by 2023, 212:33, V, eff. Oct. 3, 2023. –

Section 315:11

    315:11 License Renewal. – The procedure and timeframe for renewals shall be as described in RSA 310-A:1-h. As a condition of renewal of license, each licensee shall show proof of having completed the continuing education units as required in rules adopted by the board.

Source. 1919, 141:12. PL 208:11. RL 254:11. RSA 315:11. 1991, 382:12. 2010, 68:4. 2014, 167:39, eff. July 1, 2014. 2015, 229:5, eff. July 1, 2015. 2021, 3:7, eff. June 22, 2021.

Section 315:12

    315:12 Neglect to Renew. – Any failure, neglect, or refusal on the part of any person licensed by the board to renew the license as provided in RSA 315:11 or this section shall automatically result in the lapse of the license. Licenses lapsed under this section shall not be reinstated except upon application and payment of a reinstatement fee as established in rules adopted by the office of professional licensure and certification, and a showing of such evidence of professional competence as the board may reasonably require.

Source. 1919, 141:10. PL 208:12. RL 254:12. RSA 315:12. 1991, 382:13. 2010, 68:5, eff. July 18, 2010. 2021, 3:8, eff. June 22, 2021.

Section 315:13

    315:13 Repealed by 2021, 3:10, eff. June 22, 2021. –

Section 315:13-a

    315:13-a Reinstatement. – Any person who has not renewed his or her license shall only have his or her license restored upon the filing of a reinstatement application, accompanied by the reinstatement fee as established by the office of professional licensure and certification, proof of satisfaction of continuing podiatric education requirements established by RSA 315:4, V, and such other evidence of professional competence as the board may reasonably require.

Source. 2010, 68:7, eff. July 18, 2010. 2021, 3:9, eff. June 22, 2021.

Section 315:14

    315:14 Repealed by 2010, 68:9, II, eff. July 18, 2010. –

Section 315:15

    315:15 Fees. – The board shall establish fees for transcribing and transferring records and other services.

Source. 1919, 141:9. PL 208:15. RL 254:15. RSA 315:15. 1963, 259:3. 1969, 297:5. 1977, 563:42. 1981, 280:7. 2003, 310:63. 2014, 167:40, eff. July 1, 2014.

Section 315:16

    315:16 Penalty. – Any natural person who violates any provision of RSA 315 shall be guilty of a misdemeanor, and any other person shall be guilty of a felony.

Source. 1919, 141:13. PL 208:16. RL 254:16. RSA 315:16. 1969, 297:6. 1973, 528:199, eff. Oct. 31, 1973 at 11:59 p.m.

Section 315:17

    315:17 Repealed by 1963, 259:4, eff. Sept. 1, 1963. –

Section 315:18

    315:18 Certain Contract Restrictions Upon Podiatrists Unenforceable. – Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a podiatrist licensed by the board to practice in this state, which includes any restriction to the right of such podiatrist to also practice podiatry in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

Source. 2018, 322:2, eff. June 25, 2018.