North Dakota Administrative Code Title 63 - Board of Podiatric Medicine
Overview: NDAC Title 63 – Board of Podiatric Medicine
NDAC Title 63 governs the licensing, practice, and professional conduct of podiatrists in North Dakota. Key areas include:
Licensing requirements for podiatrists
Continuing education and professional development
Scope of practice and procedures
Professional conduct and ethics
Disciplinary actions
The purpose is to protect the public by ensuring podiatrists are competent, ethical, and safe in their practice.
Case 1: Practicing Without a License
Situation
A podiatrist moves to North Dakota from another state but continues to see patients before obtaining a North Dakota license.
Relevant NDAC Rules
Practicing podiatry without a valid North Dakota license is prohibited.
Temporary or reciprocal licenses must be verified by the Board.
Board Analysis
Unauthorized practice poses patient safety risks.
Legal authority to provide podiatric services is required.
Outcome
Immediate cease-and-desist order.
Monetary penalties or fines.
License application may be delayed or denied until compliance.
Purpose
Ensures only qualified and licensed professionals treat patients in the state.
Case 2: Failure to Maintain Continuing Education
Situation
A podiatrist submits a license renewal application but has not completed the required continuing education (CE) hours, including ethics.
Relevant NDAC Rules
Podiatrists must complete a minimum number of CE hours over the licensing period.
Documentation must be available for Board audit.
Board Analysis
CE ensures podiatrists stay current on medical advances and ethical standards.
Failure to comply is a regulatory violation, even if clinical skills appear adequate.
Outcome
License renewal may be denied or delayed.
Required to complete missing CE hours before practicing.
Possible fines or probation for repeated violations.
Purpose
Promotes patient safety and professional competence.
Case 3: Performing Procedures Outside Scope of Practice
Situation
A podiatrist performs surgical procedures not allowed under North Dakota podiatric practice regulations, such as extensive orthopedic surgery beyond foot and ankle care.
Relevant NDAC Rules
Podiatrists may only perform procedures within the defined scope of practice.
Certain surgeries require additional credentials or training.
Board Analysis
Exceeding scope risks patient harm.
Violates legal and ethical standards for professional practice.
Outcome
Disciplinary action including suspension or revocation of license.
Mandatory remediation or additional training.
Notification to affected patients may be required.
Purpose
Ensures patient safety and compliance with professional standards.
Case 4: Patient Record Mismanagement
Situation
A podiatrist fails to maintain accurate and complete patient records, missing notes on diagnoses, treatments, and follow-up instructions.
Relevant NDAC Rules
Podiatrists must keep complete, legible, and accurate medical records for each patient.
Records must be available for Board inspection.
Board Analysis
Poor documentation jeopardizes patient care and legal accountability.
Violates professional standards of recordkeeping.
Outcome
Warning or formal reprimand.
Requirement to implement proper recordkeeping procedures.
Repeated violations may lead to fines or license suspension.
Purpose
Ensures continuity of care and legal protection for patients and providers.
Case 5: Breach of Patient Confidentiality
Situation
A podiatrist shares patient information, including medical conditions and treatments, with unauthorized personnel or on social media.
Relevant NDAC Rules
Podiatrists must protect patient confidentiality in accordance with state and federal law.
Board Analysis
Unauthorized disclosure undermines patient trust.
Confidentiality breaches are a serious professional violation.
Outcome
Formal reprimand and possible fines.
Mandatory ethics training or counseling.
Repeat violations could result in license suspension.
Purpose
Protects patient privacy and maintains public confidence in the profession.
Case 6: Fraudulent Billing or Misrepresentation
Situation
A podiatrist submits claims for procedures not performed or misrepresents the nature of treatments for insurance reimbursement.
Relevant NDAC Rules
Billing practices must be honest and accurate.
Fraudulent practices violate both ethical standards and law.
Board Analysis
Financial misconduct undermines trust in the profession.
Could also involve criminal liability.
Outcome
License suspension or revocation.
Restitution to affected parties.
Referral to legal authorities for prosecution.
Purpose
Ensures ethical financial practices and protects patients, insurers, and the public.
Case 7: Failure to Cooperate with Board Investigation
Situation
The Board investigates a complaint about a podiatrist, but the licensee fails to respond to requests for documents or attend hearings.
Relevant NDAC Rules
Licensees must cooperate with Board investigations.
Non-compliance is a violation, even if the original complaint is unproven.
Board Analysis
Obstructing investigation prevents effective regulation and public protection.
Outcome
Immediate suspension of license until compliance.
Additional fines or disciplinary measures.
Continued non-cooperation may result in revocation.
Purpose
Ensures accountability and supports the Board’s regulatory role.
Key Takeaways from NDAC Title 63 Cases
Licensing compliance is mandatory before practice.
Continuing education is essential for competency and ethical awareness.
Scope of practice must not be exceeded.
Accurate records are legally and clinically required.
Confidentiality and ethical conduct are non-negotiable.
Billing and financial honesty protect patients and insurers.
Cooperation with Board oversight is legally required.
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