36-8-1
Podiatric medicine defined.
36-8-2
State Board of Podiatry Examiners--Terms of office--Vacancies.
36-8-2.1
Lay member of board--Appointment and term of office.
36-8-3
Officers of board--Promulgation of rules by board--Seal.
36-8-4
Monthly payment of receipts into treasury--Special account--Continuous
appropriation--Expense not to exceed collections.
36-8-4.1
Board continued within Department of Health--Records and reports.
36-8-5
Repealed.
36-8-6
Advertising or practice of podiatric medicine without license as misdemeanor.
36-8-7
Practices exempt from requirement of license.
36-8-8
Qualifications of applicants for license.
36-8-9
Application fee.
36-8-10, 36-8-11.
Repealed
.
36-8-12
Licensing of podiatrists from other states.
36-8-13
Display of licenses.
36-8-13.1
Certain healing arts practitioners to participate in alternate health care delivery
systems.
36-8-14
Licensee not to mislead as to qualifications.
36-8-15
Fee for annual renewal--Duration of renewal.
36-8-16
Grounds for suspension or revocation of certificate.
36-8-17
Acts constituting unprofessional or dishonorable conduct--No basis for criminal
prosecution.
36-8-18
Procedure for suspension or revocation of license.
36-8-19
Appeal from Board of Examiners.
36-8-20
Reinstatement of suspended or revoked license--Costs and fee.
36-8-21
Repealed.
36-8-22
Actions for injunction--Election of remedies.
36-8-23
Continuing education.
36-8-24
Repealed.
36-8-25
Regulation of the use of laser or ionizing radiation.
36-8-1. Podiatric medicine defined.
Podiatric medicine is that profession of the health sciences concerned with the diagnosis and treatment of conditions affecting the human foot and their governing and related structures, and the soft tissues inserting into the foot, including the local manifestations of systemic conditions, by all appropriate systems and means. A person licensed pursuant to this chapter as a podiatrist shall be designated a podiatric physician.
Source: SDC 1939, § 27.0801; SL 1959, ch 131, § 2; SL 1967, ch 100, § 2; SL 1972, ch 203; SL 1995, ch 216, § 1.
36-8-2. State Board of Podiatry Examiners--Terms of office--Vacancies.
The State Board of Podiatry Examiners shall include four professional members appointed by the Governor, each of whom shall be a resident podiatrist of this state. The term of each shall be three years, commencing on the thirty-first day of October. The appointee's term shall expire on October thirtieth in the third year of appointment. No member may serve more than three consecutive full terms. The Governor shall, by appointment, fill any vacancy. The appointment of a person to an unexpired term is not considered a full term.
Source: SDC 1939, § 27.0802; SL 1959, ch 131, § 3; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 20; SL 2007, ch 213, § 1; SL 2012, ch 16, § 18.
36-8-2.1. Lay member of board--Appointment and term of office.
The membership of the Board of Podiatry Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.
Source: SL 1973, ch 2, § 58.
36-8-3. Officers of board--Promulgation of rules by board--Seal.
The Board of Podiatry Examiners shall elect from its members a president and a secretary-treasurer.
The board shall, pursuant to chapter 1-26, promulgate the rules consistent with the laws of this state as may be necessary for the licensure, examination, revocation, and suspension of a license.
The board shall have an official seal.
Source: SDC 1939, § 27.0802; SL 1959, ch 131, § 3; SL 1972, ch 15, § 4; SL 1986, ch 302, § 66; SL 2018, ch 228, § 1.
36-8-4. Monthly payment of receipts into treasury--Special account--Continuous appropriation--Expense not to exceed collections.
All money coming into the custody of the Board of Podiatry Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the money to the South Dakota Board of Podiatry Examiners account of the general fund, which account is hereby created. The money in the account is hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The total expense incurred shall not exceed the total money collected by the board under the provisions of this chapter.
Source: SDC 1939, § 27.0809; SL 1979, ch 254, § 4.
36-8-4.1. Board continued within Department of Health--Records and reports.
The Board of Podiatry Examiners shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.
Source: SL 1973, ch 2, § 56 (p); SL 2003, ch 272, § 43.
36-8-6. Advertising or practice of podiatric medicine without license as misdemeanor.
It is a Class 2 misdemeanor for any person to advertise or practice podiatric medicine without first obtaining from the Board of Podiatry Examiners a license and an annual license renewal.
Source: SDC 1939, § 27.0803; SL 1959, ch 131, § 4; SL 1977, ch 190, § 155; SL 2018, ch 228, § 2.
36-8-7. Practices exempt from requirement of license.
This chapter shall not apply to any person otherwise licensed in this state to do any of the acts defined in § 36-8-1 as constituting the practice of podiatry, and shall not include the fitting, recommending, or sale of corrective shoes, arch supports, or medical or mechanical appliances by retail stores.
Source: SDC 1939, § 27.0804; SL 1959, ch 131, § 5.
36-8-8. Qualifications of applicants for license.
The board may issue a license to a qualified person who is not licensed as a podiatrist in this state and who is not exempted under the provisions of § 36-8-12, if the applicant:
(1) Is at least eighteen years of age and of good moral character;
(2) Possesses a doctor of podiatric medicine degree from a recognized school of podiatry approved by the board and has obtained the degree of doctor of podiatric medicine;
(3) Successfully completed a one-year residency or preceptorship approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association. This subdivision applies only to an applicant who graduated from a podiatric college after July 1, 1995;
(4) Has passed the National Board of Podiatric Medical Examiners' national standardized examination parts I, II, and III; and
(5) Submits an application on a form prescribed by the board and pays the application fee.
Part III of the examination required under subdivision (4) may be waived if the applicant graduated from a school of podiatric medicine before January 1, 2001, and the applicant is currently licensed as a podiatric physician in another state and has been in active licensed practice for at least five continuous years. Any examination fee required by the National Board of Podiatric Medical Examiners shall be paid directly to the testing service.
Source: SDC 1939, § 27.0805; SL 1959, ch 131, § 6; SL 1967, ch 100, § 3; SL 1972, ch 15, § 4; SL 2018, ch 228, § 3.
36-8-9. Application fee.
The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26, to establish an application fee not to exceed five hundred dollars to obtain a license for the practice of podiatry in this state.
Source: SDC 1939, § 27.0806; SL 1959, ch 131, § 7; SL 1971, ch 214, § 1; SL 1979, ch 254, § 1; SL 1995, ch 216, § 3; SL 2018, ch 228, § 4.
36-8-12. Licensing of podiatrists from other states.
The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26, to establish an application fee not to exceed five hundred dollars to license podiatrists from other states. The board may issue a license to podiatrists of other states maintaining requirements for the practice of podiatry equal to the standard provided by this chapter.
Source: SDC 1939, § 27.0805; SL 1959, ch 131, § 6; SL 1971, ch 214, § 2; SL 1979, ch 254, § 2; SL 2018, ch 228, § 7.
36-8-13. Display of licenses.
All licenses and renewal certificates for the practice of podiatry shall be conspicuously displayed at the office of the practitioner.
Source: SDC 1939, § 27.0807; SL 1959, ch 131, § 8; SL 1998, ch 224, § 2.
36-8-13.1. Certain healing arts practitioners to participate in alternate health care delivery systems.
Any licensed podiatrist may organize or contract for services with a corporation organized under the laws of this state by licensed practitioners of the healing arts, for the purpose of negotiating group health care contracts and providing services within the scope of their respective licenses with alternate health care delivery systems, including, but not limited to, health maintenance organizations, preferred provider organizations, individual practices organizations or other similar forms of entity whatever.
Source: SL 1987, ch 269, § 2.
36-8-14. Licensee not to mislead as to qualifications.
A licensee under this chapter shall be designated as a licensed podiatrist and shall not mislead the public as to his professional qualifications.
Source: SDC 1939, § 27.0807; SL 1959, ch 131, § 8.
36-8-15. Fee for annual renewal--Duration of renewal.
The fee for annual license renewal of a podiatrist may not exceed five hundred dollars, as promulgated by rule, pursuant to chapter 1-26, by the Board of Podiatry Examiners. Each license renewal shall remain in full force and effect for one year, unless a different time is fixed by rule promulgated, pursuant to chapter 1-26, by the Board of Podiatry Examiners.
Source: SDC 1939, §§ 27.0803, 27.0807; SL 1959, ch 131, §§ 4, 8; SL 1971, ch 214, § 3; SL 1979, ch 254, § 3; SL 2008, ch 191, § 18; SL 2018, ch 228, § 8.
36-8-16. Grounds for suspension or revocation of certificate.
Every license heretofore or hereafter issued to any person to practice podiatry in this state shall be subject to suspension or revocation by the Board of Podiatry Examiners in the manner and form set forth in §§ 36-8-18 and 36-8-19 upon any of the following grounds: fraud or deception in procuring a license, publication or use of untruthful or improbable statements with the view of deceiving or defrauding the public or any patient, conviction of any offense involving moral turpitude, habitual intemperance, immoral, unethical, unprofessional, or dishonorable conduct.
Source: SDC 1939, § 27.0808; SL 1959, ch 131, § 9.
36-8-17. Acts constituting unprofessional or dishonorable conduct--No basis for criminal prosecution.
Unprofessional or dishonorable conduct as used in this chapter shall be construed to include:
(1) To offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment;
(2) To prescribe, dispense, or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy or remedy whatsoever;
(3) To practice podiatry under a trade name, under the name of another podiatrist, or use any title other than that of podiatrist. However, the term, foot specialist, may be used as an explanatory term of the title podiatrist;
(4) To employ a solicitor or solicitors to obtain business; or
(5) To willfully violate the rules promulgated by the Board of Podiatry Examiners.
Unprofessional or dishonorable conduct, as defined in this section, may not be the basis for criminal prosecution unless otherwise declared unlawful.
Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; SL 1972, ch 15, § 4; SL 2018, ch 228, § 9.
36-8-18. Procedure for suspension or revocation of license.
Before the Board of Podiatry Examiners shall order any suspension or revocation of a license pursuant to § 36-8-16, it shall comply with chapter 1-26.
Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.
36-8-19. Appeal from Board of Examiners.
An appeal from the decision of the Board of Podiatry Examiners may be taken as provided by chapter 1-26.
Source: SDC 1939, § 27.0808; SL 1959, ch 131, § 9; revised pursuant to SL 1972, ch 15, § 4.
36-8-20. Reinstatement of suspended or revoked license--Costs and fee.
Any podiatrist whose license has been suspended or revoked may be reinstated or have a new license issued if warranted at the discretion of the Board of Podiatry Examiners. The podiatrist shall pay all costs of the proceedings resulting in the suspension or revocation of license and reinstatement or new license application fee.
Source: SDC 1939, § 27.0808 as added by SL 1959, ch 131, § 9; SL 2008, ch 191, § 19; SL 2018, ch 228, § 10.
36-8-22. Actions for injunction--Election of remedies.
The Board of Podiatry Examiners is empowered to commence actions for injunction for violation of this chapter or regulations made hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.
Source: SL 1972, ch 15, § 4.
36-8-23. Continuing education.
Every two years each person licensed to practice podiatry in this state shall provide the Board of Podiatry Examiners evidence that the person has attended or participated in continuing education in podiatry and related subjects as required by the board by rule. The board shall promulgate rules, pursuant to chapter 1-26, to establish the number of minimum hours of biennial continuing education to be required as a prerequisite to license renewal and requirements, guidelines, and procedures as may be necessary and desirable to implement and fulfill reasonable continuing education requirements to ensure competence in the practice of podiatry by each licensee. The board may reduce, on a pro rata basis, the number of hours of continuing education required by a licensee licensed to practice for less than two years prior to a biennial continuing education deadline.
Source: SL 1987, ch 270; SL 1991, ch 305; SL 2018, ch 228, § 11.
36-8-25. Regulation of the use of laser or ionizing radiation.
The State Board of Podiatry Examiners by rule pursuant to chapter 1-26 shall regulate the use of laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative, or therapeutic purposes within the scope of practice defined by § 36-8-1.
Source: SL 1995, ch 209, § 3.
