Repealed by SL 1982, ch 16, § 29.
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.
Repealed by SL 2018, ch 228, §§ 5, 6.
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.
Repealed by SL 1992, ch 158, § 80.
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.
Back to Title 36
Repealed by SL 2018, ch 228, § 12.
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.