43-05 Podiatrists
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<![CDATA[CHAPTER 43-05PODIATRISTS43-05-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the North Dakota board of podiatric medicine.2."Clinical residency" means a formal, structured postdoctoral training program<br>approved by the board, which is sponsored by and conducted in an accredited<br>institution approved by the board or conducted by a college of podiatric medicine<br>accredited and approved by the council on podiatric medical education, American<br>podiatric medical association, or other accrediting agency approved by the board.<br>The term also includes a preceptorship approved by the board until January 1, 1995.3."False or misleading statement or advertising" includes a statement, claim, or<br>advertising that:a.Contains a misrepresentation of fact;b.Is likely to mislead or deceive because in context it makes only a partial<br>disclosure of relevant facts;c.Is intended or is likely to create false or unjustified expectations of favorable<br>results;d.Appeals to an individual's anxiety in an excessive or unfair way;e.Contains material claims of superiority that cannot be substantiated;f.Misrepresents a podiatrist's credentials, training, experience, or ability;g.Contains other representations or implications that in reasonable probability will<br>cause an ordinary, prudent person to misunderstand or be deceived; orh.Represents that a manifestly incurable condition, sickness, disease, or injury<br>can be cured.4."Health care facility" means a medical hospital, skilled nursing care facility,<br>intermediate care facility, basic care facility, boarding house, or swing-bed hospital<br>approved to furnish long-term care service, or any other facility licensed to provide<br>health care services.5."Podiatric medicine" means the profession of the health services concerned with the<br>diagnosis and treatment of conditions affecting the human foot and ankle including<br>local manifestations of systemic conditions by all appropriate systems and means<br>and includes the prescribing or administering of drugs or medications necessary or<br>helpful to that profession.6."Podiatrist" means a person who is qualified to practice podiatric medicine in this<br>state.7."Preceptorship" means a formal, structured postdoctoral training program approved<br>by the board and conducted by a podiatrist primarily in an office setting and<br>controlled and supervised by a college of podiatric medicine accredited by the<br>council on podiatric medical education, American podiatric medical association, or<br>another accrediting agency approved by the board.Page No. 18."Provider" means a licensed person, homecare provider, medical or health services<br>clinic, hospital, or health care facility, organization, institution, or agency that<br>furnishes health care services.43-05-02. Exceptions. The provisions of this chapter do not apply to the following:1.Physicians and surgeons licensed by the state board of medical examiners.2.Physicians and surgeons of the United States armed forces and of the United States<br>public health service.3.Duly licensed chiropractors.4.The sale of shoes or preformed arch supports in the stores of this state.43-05-03. Board of podiatric medicine - Appointment of members - Term of office -Qualifications - Vacancies - Duties - Quorum - Records. The board of podiatric medicine<br>consists of six persons appointed by the governor for a term of four years each with the terms of<br>office so arranged that no more than two terms expire on the thirteenth day of June of any year.<br>A member of the board may not serve for more than two successive terms. A member may not<br>be reappointed to the board after serving two successive terms unless at least two years have<br>elapsed since the member last served on the board. Four members of the board must hold<br>doctor of podiatric medicine degrees and must have practiced podiatric medicine in this state for<br>at least two years before their appointment, one member must be a doctor of medicine who<br>holds a doctor of medicine degree and has practiced in this state for at least two years before the<br>appointment, and one member, who is designated as a public member, must be a resident of this<br>state, be at least twenty-one years of age, and may not be affiliated with any group or profession<br>that provides or regulates health care in any form.A member of the board shall qualify by taking the oath of office required of civil officersand shall hold office until a successor is appointed and qualified. The governor shall fill any<br>vacancy by appointment for the unexpired term.The board may employ and compensateattorneys, investigative staff, clerical assistants, or others to assist in the performance of the<br>duties of the board.A majority of the board constitutes a quorum to transact business, make anydetermination, or take any action. The board shall keep a record of its proceedings and of<br>applications for licenses.Applications and records must be preserved for at least six yearsbeyond the disposition of the application or record or the last annual registration of the licensee,<br>whichever is longer.43-05-04. Meetings - When held - Officers. The board shall hold an annual meetingand at that meeting shall elect from its members a president, vice president, and<br>secretary-treasurer. The president of the board or any two members of the board may call a<br>special meeting at any time if written notice of the meeting is given to all the members. At any<br>special meeting at which a quorum is present a waiver of the notice of the meeting may be<br>executed in lieu of the original notice.The officers shall perform such duties as the boardprescribes. If a member of the board is absent from two consecutive regular or special meetings,<br>the board may declare that member's position to be vacant. The governor shall fill all vacancies.43-05-05.Secretary-treasurer - Bond - Allowance.The secretary-treasurer of theboard must be bonded for the faithful discharge of the duties of the office in the sum of not less<br>than one thousand dollars. The secretary of the board shall receive such allowance for clerical<br>and other expenses of the board as determined by the board.43-05-06.Compensation of members of board. Each member of the board shallreceive fifty dollars per day for each day employed in the actual discharge of the duties of the<br>board, and the member's necessary expenses. The mileage and travel expense allowed may<br>not exceed the amount provided for in section 54-06-09.Page No. 243-05-07.Secretary-treasurer of board - Duties - Record - Reports.Thesecretary-treasurer of the board shall have the following duties:1.Keep a full record of the proceedings of the board.2.Repealed by S.L. 1971, ch. 510, </p>
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