PENNSYLVANIA CONSOLIDATED STATUTES

Title 63; PROFESSIONS AND OCCUPATIONS

CHAPTER 3. PODIATRY.

§ § 41.1 to 41.5. [Repealed.]
§ 42.1. Short title.
§ 42.2. Definitions.
§ 42.2a. State Board of Podiatry.
§ 42.3. [Repealed.]
§ 42.4. Application for examination.
§ 42.5. Exclusive jurisdiction of board.
§ 42.6. Time and place of examinations; subjects for examination; identification of examination papers.
§ 42.7. Curriculum.
§ 42.8. Passing average; second examination.
§ 42.9. Issuance of license; biennial reregistration; registration; fee.
§ 42.9a. Educational conference attendance; notice of statute; subsequent compliance.
§ 42.9b. Reporting of multiple licensure.
§ 42.10. Exemption from examination.
§ 42.11. Residence required of out of state licensees.
§ 42.12. Practice by unregistered persons.
§ 42.13. Penalties.
§ 42.14. Setting of fees and disposition of fees, fines and civil penalties.
§ 42.14a. Reports of the board.
§ 42.15. Rules and regulations.
§ 42.16. Refusal to grant, suspension and revocation.
§ 42.16a. Temporary and automatic suspensions.
§ 42.16b. Reinstatement of license, certificate or registration.
§ 42.16c. Surrender of suspended or revoked license.
§ 42.17. Procedure, oaths and subpoenas.
§ 42.18. Display of license and certificate.
§ 42.19. Injunction or other process.
§ 42.20. [Repealed].
§ 42.21. Licensed physicians not affected; sale or fitting of shoes or appliances.
§ 42.21a. [Repealed].
§ 42.21b. Impaired professional.
§ 42.21c. Radiologic procedures.

§ 42.1. Short title.

This act shall be known and may be cited as the "Podiatry Practice Act."

§ 42.2. Definitions.

The following words and phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

"Podiatric Mediciine"

shall mean the diagnosis and treatment including mechanical and surgical treatment of ailments of the foot, and those anatomical structures of the leg governing the functions of the foot and the administration and prescription of drugs incidental thereto. It shall include treatment of local manifestations of systemic diseases as they appear on the foot but shall not include amputation of the leg or foot or treatment of systemic diseases of any other part of the body.

"Board"

shall mean the State Board of Podiatry.

"Department"

shall mean the Department of State.

§ 42.2a. State Board of Podiatry.

§ 42.3. [Repealed.]

§ 42.4. Application for examination.

Except as hereinafter provided, any person not heretofore authorized to practice podiatric medicine in this Commonwealth desiring to be entitled to so practice, shall file with the board a written application for examination accompanied by a fee determined by the board by regulation and two unmounted finished photographs, one of which shall be verified by the dean of the school of podiatric medicine and surgery which he attended, and by satisfactory proof that the applicant is twenty-one years of age, a citizen of the United States of America, or has legally declared an intention to become such a resident of this Commonwealth, of good moral character, is not addicted to the intemperate use of alcohol or narcotic drugs. The applicant must be a graduate of an accredited school of podiatric medicine and surgery.

§ 42.5. Exclusive jurisdiction of board.

From and after the effective date of this act, the board shall exercise exclusive jurisdiction over all persons licensed, or to be licensed, and registered to practice podiatric medicine in this Commonwealth.

§ 42.6. Time and place of examinations; subjects for examination; identification of examination papers.

The board shall hold written examinations in accordance with the provisions of section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929."

§ 42.7. Curriculum.

The curriculum taught at schools of podiatric medicine and surgery shall be confined to subjects covered by the definition of podiatric medicine as contained in this act.

§ 42.8. Passing average; second examination.

§ 42.9. Issuance of license; biennial reregistration; registration; fee.

§ 42.9a. Educational conference attendance; notice of statute; subsequent compliance.

§ 42.9b. Reporting of multiple licensure.

Any licensed podiatrist of this Commonwealth who is also licensed to practice podiatric medicine or surgery in any other state, territory or country shall report this information to the board on the biennial registration application. Any disciplinary action taken in other states shall be reported to the board on the biennial registration application or within ninety days of final disposition, whichever is sooner. Multiple licensure shall be noted by the board on the podiatrist's record, and such state, territory or country shall be notified by the board of any disciplinary actions taken against said podiatrist in this Commonwealth.

§ 42.10. Exemption from examination.

Any person may be exempt from examination if he holds a license or certificate to practice podiatric medicine issued by any other state or territory of the United States, which has requirements for licensure, which are substantially equivalent to those of this Commonwealth, and which extends similar privileges to persons licensed under the laws of this Commonwealth. Application for license in these cases shall be made on forms supplied by the board and shall be under oath. The fee therefor shall be determined by the board by regulation.

[Repealed in part as to fees by the Act of July 1, 1978, P.L. 700, known as the Bureau of Occupational Affairs Fee Act (63 P.S. §1401-401 et seq.).]

§ 42.11. Residence required of out of state licensees.

Any person who does not intend to become a resident of this Commonwealth will not be entitled to obtain a license to practice podiatric medicine in this Commonwealth in accordance with section ten of this act, and any person who obtains a license to practice podiatric medicine in this Commonwealth in accordance with section ten of this act and does not become a resident of this Commonwealth immediately thereafter will not be entitled to retain said license.

§ 42.12. Practice by unregistered persons.

Any person who is not a licensed, and registered as a podiatrist shall not practice podiatric medicine nor in any written or printed circular or in any business card, letterhead or sign of otherwise assume the title "Chiropodist," "Podiatrist," "DSC," "DPM," "Doctor of Podiatric Medicine," "Foot Specialist," "Foot Correctionist," "Pedopractor" nor any other title, name or description implying or calculated to lead to the belief that he is qualified to practice podiatric medicine.

§ 42.13. Penalties.

(a) Any person violating any of the provisions of this act, or any rule or regulation of the board, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000), or undergo imprisonment for not more than six months for the first violation. On the second and each subsequent conviction, he shall be sentenced to pay a fine of not more than two thousand dollars ($2,000), or undergo imprisonment for not less than six months nor more than one year in jail, or both.

(b) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000) on any current licensee who violates any provision of this act or on any person who practices podiatric medicine without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure.)

§ 42.14. Setting of fees and disposition of fees, fines and civil penalties.

§ 42.14a. Reports of the board.

§ 42.15. Rules and regulations.

The board may make such reasonable rules and regulations as it deems necessary and proper in order to carry out the intent and purposes of this act within the scope of this act. The board shall adopt and administer appropriate rules and regulations establishing a list of drugs which may be administered and prescribed by a podiatrist.

§ 42.16. Refusal to grant, suspension and revocation.

§ 42.16a. Temporary and automatic suspensions.

§ 42.16b. Reinstatement of license, certificate or registration.

§ 42.16c. Surrender of suspended or revoked license.

§ 42.17. Procedure, oaths and subpoenas.

§ 42.18. Display of license and certificate.

Every holder of a license or certificate of registration shall display the same in a conspicuous place wherein such person shall practice podiatric medicine.

§ 42.19. Injunction or other process.

§ 42.20. [Repealed].

§ 42.21. Licensed physicians not affected; sale or fitting of shoes or appliances.

Nothing in this act contained shall be construed to interfere with, or affect, regularly licensed physicians in the discharge of their professional duties, and nothing herein contained shall be construed to prohibit or restrict the sale or fitting of shoes or commercial foot appliances. No retail merchant shall be permitted to practice podiatric medicine as provided for in this act, unless duly licensed practice podiatric medicine.

§ 42.21a. [Repealed].

§ 42.21b. Impaired professional.

§ 42.21c. Radiologic procedures.

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