2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 290. Podiatrists
Section 12-290-108. Issuance, revocation, or suspension of license - probation unprofessional conduct - definitions - immunity in professional review.

(1) (a) If the board determines that an applicant possesses the qualifications required by this article 290, has paid a fee to be determined and collected pursuant to section 12-20-105, and is entitled to a license to practice podiatry, the board shall issue the license.

(b) If the board determines that an applicant for a license to practice podiatry does not possess the qualifications required by this article 290 or that the applicant has done any of the acts defined in subsection (3) of this section as unprofessional conduct, the board may refrain from issuing a license, and the applicant may proceed as provided in section 24-4-104 (9).

2. The board may take disciplinary or other action as authorized in section 12-20-404 against a licensee who is guilty of any unprofessional conduct.

3. "Unprofessional conduct" as used in this article 290 means:

1. Resorting to fraud, misrepresentation, or material deception, or making a misleadingomission, in applying for, securing, renewing, or seeking reinstatement of a license to practice podiatry in this state or any other state, in applying for professional liability coverage required pursuant to section 12-290-118 or for privileges at a hospital or other health care facility, or in taking the examination required in this article 290;

2. Conviction of a felony or any crime that would constitute a violation of this article290. For purposes of this subsection (3)(b), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.

3. Habitual or excessive use or abuse of alcohol or controlled substances;

4. Aiding or abetting in the practice of podiatry any person not licensed to practicepodiatry or any person whose license to practice podiatry is suspended;

5. Any act or omission that fails to meet generally accepted standards of the practice ofpodiatry;

6. (I) Except as otherwise provided in section 25-3-103.7, practicing podiatry as:

1. The partner, agent, or employee of, or in joint venture with, any person who does nothold a license to practice podiatry within this state;

2. An employee of, or in joint venture with, any partnership or association any of whose partners or associates do not hold a license to practice podiatry within this state; or

3. An employee of, or in joint venture with, any corporation other than a professionalservice corporation for the practice of podiatry as provided for in sections 12-290-116 (5) and 12-290-118.

(II) Any licensee holding a license to practice podiatry in this state may accept employment from any person, partnership, association, or corporation to examine and treat the employees of the person, partnership, association, or corporation.

7. Violating, or attempting to violate, directly or indirectly, or assisting in or abettingthe violation of, or conspiring to violate any provision or term of this article 290, an applicable provision of article 20 or 30 of this title 12, any rule promulgated by the board pursuant to this article 290, or any final agency order;

8. Administering, dispensing, or prescribing any habit-forming drug or any controlledsubstance, as defined in section 18-18-102 (5), other than in the course of legitimate professional practice, which includes only prescriptions related to the scope of podiatric medicine;

9. Conviction of violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, as defined in section 18-18-102 (5). For the purposes of this subsection (3)(i), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.

10. Failing to:

1. Notify the board of a physical illness, physical condition, or behavioral or mentalhealth disorder that affects the podiatrist's ability to practice podiatric medicine with reasonable skill and safety to patients;

2. Act within the limitations created by a physical illness, physical condition, or behavioral or mental health disorder that renders the podiatrist unable to practice podiatric medicine with reasonable skill and safety to patients; or

3. Comply with the limitations agreed to under a confidential agreement entered pursuant to section 12-290-123.

11. Advertising that is misleading, deceptive, or false;

12. (I) Violation or abuse of health insurance pursuant to section 18-13-119; or

(II) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119

(3);

13. Engaging in a sexual act with a patient during the course of patient care or duringthe six-month period immediately following the termination of such care. "Sexual act", as used in this subsection (3)(m), means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.

14. Performing any procedure in the course of patient care beyond the podiatrist's training and competence. This subsection (3)(n) shall not be construed to authorize a licensed podiatrist to act beyond the scope of the practice of podiatry.

15. Engaging in any of the following activities and practices: Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment that is demonstrably unnecessary; the failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of podiatry as interpreted by the board;

16. Falsifying or repeatedly making incorrect essential entries or repeatedly failing tomake essential entries on patient records;

17. Committing a fraudulent insurance act, as defined in section 10-1-128;

18. Refusing to complete and submit the renewal questionnaire, or failing to report all ofthe relevant facts, or falsifying any information on the questionnaire as required pursuant to section 12-290-119;

19. Failing to report to the board any podiatrist known to have violated or, upon information or belief, believed to have violated any of the provisions of this subsection (3);

20. Dividing fees or compensation or billing for services performed by an unlicensedperson as prohibited by section 12-290-122;

21. Failing to report to the board within thirty days any adverse action taken against thelicensee by another licensing agency in another state, territory, or country or any peer review body, health care institution, professional or medical society or association, governmental agency, law enforcement agency, or court for acts of conduct that would constitute grounds for action as described in this article 290;

22. Failing to report to the board the surrender of a license or other authorization topractice medicine in another state or jurisdiction or the surrender of membership on any medical staff or in any medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this article 290;

23. Violating the provisions of section 8-42-101 (3.6);

24. Any violation of the provisions of section 12-290-202 or any rule of the board adopted pursuant to that section;

25. Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to section 12-290-113.

4. The discipline of a licensee for acts related to the practice of podiatry in anotherstate, territory, or country shall be deemed unprofessional conduct. For purposes of this subsection (4), "discipline" includes any sanction required to be reported pursuant to 45 CFR 60.8. This subsection (4) shall apply only to disciplinary action based upon acts or omissions in the other state, territory, or country substantially as defined as unprofessional conduct pursuant to subsection (3) of this section.

5. (a) If a professional review committee is established pursuant to this section to investigate the quality of care being given by a person licensed pursuant to this article 290, it shall include in its membership at least three persons licensed under this article 290, but the committee may be authorized to act only by:

1. The board; or

2. A society or an association of persons licensed pursuant to this article 290 whosemembership includes not less than one-third of the persons licensed pursuant to this article 290 residing in this state if the licensee whose services are the subject of review is a member of the society or association.

(b) In addition to the persons specified in section 12-20-402, any member of the professional review committee, any member of the professional review committee's staff, any person acting as a witness or consultant to the committee, any witness testifying in a proceeding authorized under this article 290, and any person who lodges a complaint pursuant to this article 290 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1548, § 1, effective October 1; (3)(j) amended, (SB 19-153), ch. 369, p. 3380, § 12, effective October 1.

Editor's note: (1) This section is similar to former § 12-32-107 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-153. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-153, chapter 369, Session Laws of Colorado 2019.

Cross references: For an exception to the provisions of subsection (3)(f), see § 6-18303.