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Subchapter 001: GENERAL PROVISIONS
§ 321. Definitions
In this chapter, unless the context requires another meaning:
(1) “Board” means the State Board of Medical Practice established by chapter 23 of this
title.
(2) “Disciplinary action” means any action taken against a licensee or an applicant by
the Board, or on appeal from that action, when that action suspends, revokes, limits,
or conditions licensure in any way, or when it includes reprimands or an administrative
penalty.
(3) “Practice of podiatry,” by a podiatric physician, means any medical, mechanical, surgical,
electrical, manipulation, strapping, or bandaging treatment of the ailments pertaining
to the human foot and lower leg distal to the myotendinous junction of the triceps
surae. If spinal or general anesthesia is required, it shall be administered by a
health care professional regulated under this title who is authorized to administer
anesthesia within the scope of his or her practice. In the case of amputations other
than toe amputations and in the case of surgical treatment at or above the ankle,
the surgical treatment shall be performed only in a general hospital licensed under
18 V.S.A. chapter 43 or a certified ambulatory surgical center as defined in 18 V.S.A. § 9432. For purposes of this section, “ankle” means the joint between the tibia and fibula
proximally and the talus distally. (Amended 1969, No. 93, § 6; 1985, No. 256 (Adj. Sess.), § 1, eff. June 30, 1986; 1989, No. 250 (Adj. Sess.), § 4(a); 1999, No. 107 (Adj. Sess.), § 1; 2011, No. 61, § 1, eff. June 2, 2011.)
§ 322. Repealed. 2011, No. 61, § 9, eff. June 2, 2011.
§ 323. Repealed. 1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.
§ 324. Prohibitions; penalties
(a) No person shall practice or attempt to practice podiatry or hold himself or herself
out as being able to do so in this State without first having obtained a license under
this chapter.
(b) No person shall use in connection with the person’s name, letters, words, or insignia
indicating or implying that the person is a podiatrist unless the person is licensed
under this chapter.
(c) A person who violates a provision of this section shall be imprisoned not more than
two years or fined not more than $10,000.00. (Amended 1985, No. 256 (Adj. Sess.), § 3, eff. June 30, 1986; 2011, No. 61, § 1, eff. June 2, 2011.)
§ 325. Repealed. 1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.
§ 325a. Construction
This chapter shall not be construed to limit or restrict in any manner the right of
a practitioner of another occupation that is regulated by this State from carrying
on in the usual manner any of the functions of his or her profession. (Added 1985, No. 256 (Adj. Sess.), § 4, eff. June 30, 1986.)
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Subchapter 002: LICENSURE
§§ 361-369. Repealed. 1985, No. 256 (Adj. Sess.), § 14, eff. June 30, 1986.
§ 370. Application
Application for licensure shall be upon forms furnished by the Board and shall be
accompanied by payment of the specified fee. (Added 1985, No. 256 (Adj. Sess.), § 5, eff. June 30, 1986.)
§ 371. Eligibility
To be eligible for licensure as a podiatrist, an applicant must:
(1) be entitled to licensure without examination under section 372 of this title; or
(2) have attained the age of majority; and
(3) have received a diploma or certificate of graduation from an accredited school of
podiatric medicine approved by the Board; and
(4) successfully complete all required steps of the examinations given by the National
Board of Podiatric Medical Examiners, as set forth by the Board by rule; and
(5) if the applicant has not engaged in practice as a podiatrist within the last three
years, comply with the requirements for updating knowledge and skills as defined by
Board rules. (Added 1985, No. 256 (Adj. Sess.), § 6, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 3.)
§ 372. Licensure without examination
(a) A person who is licensed under the laws of another jurisdiction and who desires licensure
as a podiatrist without examination shall apply to the Board in writing on a form
furnished by it and pay the specified fee. The Board shall license that person if
it deems that person has met requirements in the other jurisdiction that are substantially
equal to those of this State. The Board may adopt such rules as are reasonable and
necessary for the protection of the public to ensure that applicants under this section
are professionally qualified.
(b)(1) The Board shall have an endorsement process for podiatrist licensure that requires
not more than three years of practice in good standing in another jurisdiction within
the United States, regardless of whether that jurisdiction has licensing requirements
substantially equal to those of this State, so long as the applicant meets one of
the following postgraduate training requirements:
(A) A graduate of a U.S. or Canadian podiatric school accredited by a body that is acceptable
to the Board shall have successfully completed at least two years of postgraduate
training in a U.S. or Canadian program accredited by an organization that is acceptable
to the Board; or
(B) A graduate of a Board-approved podiatric school outside the United States or Canada
shall have successfully completed at least three years of postgraduate training in
a U.S. or Canadian program accredited by an organization that is acceptable to the
Board.
(2) If the Board determines that three years of demonstrated practice in another specific
jurisdiction is not adequately protective of the public, it shall provide its rationale
to the Commissioner, who may propose any necessary statutory or rule amendments in
order to implement more restrictive requirements for endorsement for that jurisdiction.
(3) The Board may issue to an endorsement applicant a waiver of the practice requirement
if there is a showing that the waiver follows State policy and the public is adequately
protected. (Added 1985, No. 256 (Adj. Sess.), § 7, eff. June 30, 1986; amended 2019, No. 152 (Adj. Sess.), § 16, eff. April 1, 2021.)
§ 373. Renewal of licensure
(a) A person licensed by the Board to practice podiatry shall apply biennially for the
renewal of his or her license. At least one month prior to the date on which renewal
is required, the Board shall send to each licensee a license renewal application form
and notice of the date on which the existing license will expire. On or before the
renewal date, the licensee shall file an application for license renewal and pay the
required fee; however, any podiatrist while on extended active duty as a member of
the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National
Guard, or the State Guard who is licensed as a podiatrist at the time of an activation
or deployment shall receive an extension of licensure up to 90 days following the
podiatrist’s return from activation or deployment, provided the podiatrist notifies
the Board of his or her activation or deployment prior to the expiration of the current
license and certifies that the circumstances of the activation or deployment impede
good faith efforts to make timely application for renewal of the license. The Board
shall register the applicant and issue the renewal license. Within one month following
the date by which renewal is required, the Board shall pay the license renewal fees
into the Board of Medical Practice Regulatory Fee Fund.
(b) A license that has lapsed for up to 364 days may be reinstated on payment of a renewal
fee and a late renewal penalty. A license that has lapsed for one year or longer may
be reinstated upon payment of the reinstatement fee and completion of the reinstatement
application as set forth by the Board by rule. The applicant shall not be required
to pay renewal fees during periods when the license was lapsed. However, if such license
remains lapsed for a period of three years or longer, the Board may require the licensee
to update his or her knowledge and skills as defined by Board rules.
(c) Notwithstanding the provision of subsection (a) of this section, the Board may, after
notice and an opportunity for hearing, require reexamination as a condition of renewal
if the Board finds that the licensee has failed to maintain competence in the knowledge
and skills of a podiatrist.
(d) All applicants shall demonstrate that the requirements for licensure are met. (Added 1985, No. 256 (Adj. Sess.), § 8, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), §§ 4, 5.)
§ 373. Renewal of licensure
(a) A person licensed by the Board to practice podiatry shall apply biennially for the
renewal of his or her license. At least one month prior to the date on which renewal
is required, the Board shall send to each licensee a license renewal application form
and notice of the date on which the existing license will expire. On or before the
renewal date, the licensee shall file an application for license renewal and pay the
required fee; however, any podiatrist while on extended active duty as a member of
the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National
Guard, or the State Guard who is licensed as a podiatrist at the time of an activation
or deployment shall receive an extension of licensure up to 90 days following the
podiatrist’s return from activation or deployment, provided the podiatrist notifies
the Board of his or her activation or deployment prior to the expiration of the current
license and certifies that the circumstances of the activation or deployment impede
good faith efforts to make timely application for renewal of the license. The Board
shall register the applicant and issue the renewal license. Within one month following
the date by which renewal is required, the Board shall pay the license renewal fees
into the Board of Medical Practice Regulatory Fee Fund.
(b) A license that has lapsed for up to 364 days may be reinstated on payment of a renewal
fee and a late renewal penalty. A license that has lapsed for one year or longer may
be reinstated upon payment of the reinstatement fee and completion of the reinstatement
application as set forth by the Board by rule. The applicant shall not be required
to pay renewal fees during periods when the license was lapsed. However, if such license
remains lapsed for a period of three years or longer, the Board may require the licensee
to update his or her knowledge and skills as defined by Board rules.
(c) Notwithstanding the provision of subsection (a) of this section, the Board may, after
notice and an opportunity for hearing, require reexamination as a condition of renewal
if the Board finds that the licensee has failed to maintain competence in the knowledge
and skills of a podiatrist.
(d) All applicants shall demonstrate that the requirements for licensure are met. (Added 1985, No. 256 (Adj. Sess.), § 8, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), §§ 4, 5.)
§ 374. Fees; licenses
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for licensure, $650.00; the Board shall use at least $25.00 of this fee
to support the cost of maintaining the Vermont Practitioner Recovery Network, which,
for the protection of the public, monitors and evaluates, coordinates services for,
and promotes rehabilitation of licensees who have or potentially have an impaired
ability to practice medicine with reasonable skill and safety.
(2) Biennial renewal, $525.00; the Board shall use at least $25.00 of this fee to support
the cost of maintaining the Vermont Practitioner Recovery Network, which, for the
protection of the public, monitors and evaluates, coordinates services for, and promotes
rehabilitation of licensees who have or potentially have an impaired ability to practice
medicine with reasonable skill and safety. (Added 1985, No. 256 (Adj. Sess.), § 9, eff. June 30, 1986; amended 1989, No. 250 (Adj. Sess.), § 11; 1993, No. 108 (Adj. Sess.), § 20; 1999, No. 49, § 208; 2003, No. 163 (Adj. Sess.), § 3; 2003, No. 163 (Adj. Sess.), § 3a, eff. July 1, 2006; 2007, No. 76, § 17; 2011, No. 61, § 1, eff. June 2, 2011; 2015, No. 57, § 12; 2017, No. 39, § 1.)
§ 375. Unprofessional conduct
(a) [Repealed.]
(b) The following conduct and the conduct described in section 1354 of this title by a licensed podiatrist constitutes unprofessional conduct. When that conduct is
by an applicant or person who later becomes an applicant, it may constitute grounds
for denial of licensure:
(1) fraud or misrepresentation in applying for or procuring a podiatry license or in connection
with applying for or procuring a periodic renewal of a podiatry license;
(2) occupational advertising that is intended or has a tendency to deceive the public;
(3) exercising undue influence on or taking improper advantage of a person using the individual’s
services, or promoting the sale of professional goods or services in a manner that
exploits a person for the financial gain of the practitioner or of a third party;
(4) failing to comply with provisions of federal or State statutes or rules governing
the profession;
(5) conviction of a crime related to the profession;
(6) conduct that evidences unfitness to practice the profession.
(c) Unprofessional conduct includes the following actions by a licensee:
(1) making or filing false professional reports or records, impeding or obstructing the
proper making or filing of professional reports or records, or failing to file the
proper professional report or record;
(2) practicing the profession when mentally or physically unfit to do so;
(3) failure to practice competently by reason of any cause on a single occasion or on
multiple occasions constitutes unprofessional conduct. Failure to practice competently
includes as determined by the Board:
(A) performance of unsafe or unacceptable patient care; and
(B) failure to conform to the essential standards of acceptable and prevailing practice;
(4) practicing or offering to practice beyond the scope permitted by law;
(5) accepting and performing responsibilities that the individual knows or has reason
to know that he or she is not competent to perform;
(6) making any material misrepresentation in the practice of the profession, whether by
commission or omission;
(7) administering, dispensing, or prescribing any controlled substance other than as authorized
by law;
(8) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair
the podiatrist’s ability to practice.
(d) A person aggrieved by a determination of the Board may, within 30 days of the order,
appeal that order to the Vermont Supreme Court on the basis of the record created
before the Board. (Added 1985, No. 256 (Adj. Sess.), § 10, eff. June 30, 1986; amended 1989, No. 250 (Adj. Sess.), § 12; 2003, No. 34, § 12, eff. May 23, 2003; 2011, No. 61, § 1, eff. June 2, 2011.)
§ 376. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance
with the rules of procedure of the Board of Medical Practice.
(b) Any person, firm, corporation, or public officer may submit a written complaint to
the Board charging any podiatrist practicing in the State with unprofessional conduct,
specifying the grounds. The Board shall initiate an investigation of a podiatrist
when a complaint is received or may act without having received a complaint.
(c) After giving an opportunity for a hearing, the Board shall take disciplinary action
described in subsection 1374(b) of this title against a podiatrist or applicant found
guilty of unprofessional conduct.
(d) The Board may approve a negotiated agreement between the parties when it is in the
best interest of the public health, safety, or welfare to do so. Such an agreement
may include any of the following conditions or restrictions, which may be in addition
to, or in lieu of, suspension:
(1) a requirement that the individual submit to care or counseling;
(2) a restriction that the individual practice only under supervision of a named person
or a person with specified credentials;
(3) a requirement that the individual participate in continuing education in order to
overcome specified practical deficiencies;
(4) a requirement that the scope of practice permitted be restricted to a specified extent;
(5) an administrative penalty not to exceed $1,000.00 for each act that constitutes an
unprofessional conduct violation. Any money received from the imposition of an administrative
penalty imposed under this subdivision shall be deposited into the Board of Medical
Practice Regulatory Fee Fund for the purpose of providing education and training for
Board members and the professions regulated by the Board. The Commissioner shall detail
in the annual report receipts and expenses from money received under this subsection.
(e) Upon application, the Board may modify the terms of an order under this section and,
if licensure has been revoked or suspended, order reinstatement on terms and conditions
it deems proper. (Added 1985, No. 256 (Adj. Sess.), § 11, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2023, No. 85 (Adj. Sess.), § 330, eff. July 1, 2024.)
§ 377. Exemption
The provisions of this chapter shall not apply to a podiatrist who is duly licensed
and in good standing in another state, territory, or jurisdiction of the United States
or in Canada if the podiatrist is employed as or formally designated as the team podiatrist
by an athletic team visiting Vermont for a specific sporting event and the podiatrist
limits his or her practice in this State to the treatment of the members, coaches,
and staff of the sports team employing or designating the podiatrist. (Added 2015, No. 94 (Adj. Sess.), § 1, eff. May 10, 2016.)
§ 378. Limited temporary licenses
(a) Notwithstanding section 371 of this title, the Board may grant an applicant a limited temporary license to practice podiatry
for a period of up to 54 weeks if the applicant:
(1) furnishes the Board with satisfactory proof that he or she has attained the age of
majority;
(2) has received a diploma or certificate of graduation from an accredited school of podiatric
medicine approved by the Board;
(3) has been appointed as an intern, resident, fellow, or medical officer in a licensed
hospital or in a clinic that is affiliated with a licensed hospital, or in a hospital
or an institution maintained by the State, or in a clinic or an outpatient clinic
affiliated with or maintained by the State; and
(4) pays the fee set forth in subdivision 1401a(a)(3) of this title.
(b) A limited temporary license may be renewed upon payment of the fee set forth in subdivision 1401a(a)(3) of this title for the period of the applicant’s postgraduate training, internship, or fellowship
program.
(c) A limited temporary license shall entitle the applicant to practice podiatry only
in the hospital or other institution designated on his or her certificate of limited
temporary license and in clinics operated by or affiliated with that designated hospital
or institution and only if the applicant is under the direct supervision and control
of a licensed podiatrist. The licensed podiatrist shall be legally responsible and
liable for all negligent or wrongful acts or omissions of the limited temporary licensee
and shall file with the Board the name and address both of himself or herself and
of the limited temporary licensee and the name of the hospital or other institution.
(d) A limited temporary license shall be revoked upon the death or legal incompetency
of the supervising licensed podiatrist or, upon 10 days’ written notice, by withdrawal
of his or her filing by the supervising licensed podiatrist. A limited temporary licensee
shall at all times exercise the same standard of care and skill as a licensed podiatrist.
Termination of appointment as intern, resident, fellow, or medical officer of a designated
hospital or institution shall operate as a revocation of a limited temporary license. (Added 2007, No. 163 (Adj. Sess.), § 8a.)