43-05 Podiatrists - North Dakota Statutes

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CHAPTER 43-05PODIATRISTS43-05-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the North Dakota board of podiatric medicine.2."Clinical residency" means a formal, structured postdoctoral training program
approved by the board, which is sponsored by and conducted in an accredited
institution approved by the board or conducted by a college of podiatric medicine
accredited and approved by the council on podiatric medical education, American
podiatric medical association, or other accrediting agency approved by the board.
The term also includes a preceptorship approved by the board until January 1, 1995.3."False or misleading statement or advertising" includes a statement, claim, or
advertising that:a.Contains a misrepresentation of fact;b.Is likely to mislead or deceive because in context it makes only a partial
disclosure of relevant facts;c.Is intended or is likely to create false or unjustified expectations of favorable
results;d.Appeals to an individual's anxiety in an excessive or unfair way;e.Contains material claims of superiority that cannot be substantiated;f.Misrepresents a podiatrist's credentials, training, experience, or ability;g.Contains other representations or implications that in reasonable probability will
cause an ordinary, prudent person to misunderstand or be deceived; orh.Represents that a manifestly incurable condition, sickness, disease, or injury
can be cured.4."Health care facility" means a medical hospital, skilled nursing care facility,
intermediate care facility, basic care facility, boarding house, or swing-bed hospital
approved to furnish long-term care service, or any other facility licensed to provide
health care services.5."Podiatric medicine" means the profession of the health services concerned with the
diagnosis and treatment of conditions affecting the human foot and ankle including
local manifestations of systemic conditions by all appropriate systems and means
and includes the prescribing or administering of drugs or medications necessary or
helpful to that profession.6."Podiatrist" means a person who is qualified to practice podiatric medicine in this
state.7."Preceptorship" means a formal, structured postdoctoral training program approved
by the board and conducted by a podiatrist primarily in an office setting and
controlled and supervised by a college of podiatric medicine accredited by the
council on podiatric medical education, American podiatric medical association, or
another accrediting agency approved by the board.Page No. 18."Provider" means a licensed person, homecare provider, medical or health services
clinic, hospital, or health care facility, organization, institution, or agency that
furnishes health care services.43-05-02. Exceptions. The provisions of this chapter do not apply to the following:1.Physicians and surgeons licensed by the state board of medical examiners.2.Physicians and surgeons of the United States armed forces and of the United States
public health service.3.Duly licensed chiropractors.4.The sale of shoes or preformed arch supports in the stores of this state.43-05-03. Board of podiatric medicine - Appointment of members - Term of office -Qualifications - Vacancies - Duties - Quorum - Records. The board of podiatric medicine
consists of six persons appointed by the governor for a term of four years each with the terms of
office so arranged that no more than two terms expire on the thirteenth day of June of any year.
A member of the board may not serve for more than two successive terms. A member may not
be reappointed to the board after serving two successive terms unless at least two years have
elapsed since the member last served on the board. Four members of the board must hold
doctor of podiatric medicine degrees and must have practiced podiatric medicine in this state for
at least two years before their appointment, one member must be a doctor of medicine who
holds a doctor of medicine degree and has practiced in this state for at least two years before the
appointment, and one member, who is designated as a public member, must be a resident of this
state, be at least twenty-one years of age, and may not be affiliated with any group or profession
that provides or regulates health care in any form.A member of the board shall qualify by taking the oath of office required of civil officersand shall hold office until a successor is appointed and qualified. The governor shall fill any
vacancy by appointment for the unexpired term.The board may employ and compensateattorneys, investigative staff, clerical assistants, or others to assist in the performance of the
duties of the board.A majority of the board constitutes a quorum to transact business, make anydetermination, or take any action. The board shall keep a record of its proceedings and of
applications for licenses.Applications and records must be preserved for at least six yearsbeyond the disposition of the application or record or the last annual registration of the licensee,
whichever is longer.43-05-04. Meetings - When held - Officers. The board shall hold an annual meetingand at that meeting shall elect from its members a president, vice president, and
secretary-treasurer. The president of the board or any two members of the board may call a
special meeting at any time if written notice of the meeting is given to all the members. At any
special meeting at which a quorum is present a waiver of the notice of the meeting may be
executed in lieu of the original notice.The officers shall perform such duties as the boardprescribes. If a member of the board is absent from two consecutive regular or special meetings,
the board may declare that member's position to be vacant. The governor shall fill all vacancies.43-05-05.Secretary-treasurer - Bond - Allowance.The secretary-treasurer of theboard must be bonded for the faithful discharge of the duties of the office in the sum of not less
than one thousand dollars. The secretary of the board shall receive such allowance for clerical
and other expenses of the board as determined by the board.43-05-06.Compensation of members of board. Each member of the board shallreceive fifty dollars per day for each day employed in the actual discharge of the duties of the
board, and the member's necessary expenses. The mileage and travel expense allowed may
not exceed the amount provided for in section 54-06-09.Page No. 243-05-07.Secretary-treasurer of board - Duties - Record - Reports.Thesecretary-treasurer of the board shall have the following duties:1.Keep a full record of the proceedings of the board.2.Repealed by S.L. 1971, ch. 510,