§ 43-05-16 — Grounds for disciplinary action

North Dakota § 43-05-16

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-05: Podiatrists

Text

1. The board may refuse to grant a license or permit or may impose disciplinary action as
described in this chapter against any podiatrist. The following conduct, whether
occurring in this state or elsewhere, is prohibited and is a basis for disciplinary action:
a. Failure to demonstrate the qualification or satisfy the requirements for a license or
permit under this chapter or rules of the board.
b. Obtaining a license or permit by fraud or cheating or attempting to subvert the
licensing or permit examination process, the use of any false, fraudulent, or
forged statement or document, or the use of any fraudulent, deceitful, dishonest,
or immoral practice in connection with any of the license or permit requirements.
c. Conviction, during the previous five years, of a misdemeanor or felony reasonably
related to the practice of podiatric medicine, or determined by the board to have a
direct bearing upon a person's ability to serve the public as a podiatrist. A license
may not be withheld contrary to chapter 12.1-33.
d. Revocation, suspension, restriction, limitation, or other disciplinary action against
the person's podiatric medical license in another state or jurisdiction, failure to
report to the board that charges regarding the person's license have been
brought in another state or jurisdiction, or failure to report to the board that the
person has been refused a license by another state or jurisdiction.
e. Advertising that is false or misleading, or the making of any false or misleading
statement about the podiatrist's skill, training, experience, or ability or the efficacy
of any treatment or remedy.
f. Violating a rule adopted by the board; an order of the board; any provision of this
chapter; any action, stipulation, condition, or agreement imposed by the board; a
state or federal law that relates to the practice of podiatric medicine; or a state or
federal narcotics or controlled substance law.
g. Engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
the public; demonstrating a willful, careless, or negligent disregard for the health,
welfare, or safety of a patient; or podiatric medical practice that is professionally
incompetent, in that it may create unnecessary danger to any patient's life,
health, or safety regardless of whether an actual injury is proved.
h. Failure to supervise a preceptor or resident.
i. Aiding or abetting an unlicensed, incompetent, or impaired person in the practice
of podiatric medicine.

j. Adjudication by a court of competent jurisdiction as mentally incompetent,
mentally ill, chemically dependent, a person dangerous to the public, or a person
who has a psychopathic personality.
k. Engaging in unprofessional conduct that includes any departure from or the
failure to conform to the minimal standards of acceptable and prevailing podiatric
medical practice.
l. Inability to practice podiatric medicine with reasonable skill and safety to patients
because of physical or mental illness, a substance use disorder, or as a result of
any mental or physical condition or disability.
m. Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.
n. Improper management of medical records.
o. Accepting, paying, or promising to pay a part of a fee in exchange for patient
referrals; obtaining any fee by fraud, deceit, or misrepresentation; or paying or
receiving, directly or indirectly, any fee, commission, rebate, or other
compensation for services not actually or personally rendered, except for the
lawful distribution of compensation or fees within a professional partnership,
corporation, or association.
p. Engaging in abusive or fraudulent billing practices.
q. Habitual use of, or becoming addicted or habituated to, alcohol or drugs.
r. Prescribing, administering, or distributing a drug for other than medically
accepted therapeutic purposes, experimental, or investigative purposes
authorized by a state or federal agency.
s. Engaging in sexual misconduct, sexual abuse, or exploitation with or of a patient;
conduct that may reasonably be interpreted by the patient as sexual; or in verbal
behavior which is seductive or sexually demeaning to a patient.
t. The failure to furnish the board or representatives information legally requested
by the board.
u. A continued pattern of inappropriate care as a podiatrist.
v. The practice of podiatric medicine under a false or assumed name other than a
partnership name containing the names of one or more of the licensed partners.
w. Maintaining a professional office in conjunction or relation with any business not
engaged in the practice of the medical sciences.
x. Treating any disease, sickness, illness, malady, or defect that is outside the
scope of the practice of podiatric medicine.
2. In disciplinary actions alleging a violation of subdivision c or d of subsection 1, a copy
of the judgment or proceeding under the seal of the clerk of court or of the
administrative agency that entered the judgment or proceeding is admissible into
evidence without further authentication and constitutes prima facie evidence of the
contents of that judgment or proceeding.
3. The board shall keep a record of all of its proceedings in the matter of suspending,
revoking, or refusing licenses or permits together with the evidence offered.