The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 007: Podiatry

• 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 Repealed. 2011, No. 61, § 9, eff.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 Repealed. 1985, No. 256 (Adj.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 Repealed. 1985, No. 256 (Adj.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.)

• 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

  [Subdivision (5) effective 60 days after the adoption of the maintenance of licensure rule for podiatrists.]

  (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.

  [Subsection (b) effective until 60 days after the adoption of the maintenance of licensure rule for podiatrists.]

  (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, after notice and an opportunity for hearing, require reexamination or other conditions of renewal.

  [Subsection (b) effective 60 days after the adoption of the maintenance of licensure rule for podiatrists.]

  (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 1361(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.)

• § 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.)