Pennsylvania Act 1955-375 — PODIATRY PRACTICE ACT

Act text

(Reenacted and amended Aug. 24, 1963, P.L.1199, No.505)

AN ACT

Relating to and defining the practice of podiatry; conferring powers and imposing duties on the State Board of Podiatry Examiners and the Department of State; requiring licensure; providing for the granting, cancellation, suspension and revocation of licenses; preserving the rights of existing licenses; providing for the promulgation of rules and regulations; transfer of jurisdiction and records to the board; regulation of schools of chiropody and podiatry; reciprocity; and providing penalties, and remedies.

TABLE OF CONTENTS

Section 1. Short Title.

Section 2. Definitions.

Section 2.1. State Board of Podiatry.

Section 3. Status of Existing Licensees (Repealed).

Section 4. Application for Examination.

Section 5. Exclusive Jurisdiction of Board.

Section 6. Time and Place of Examinations; Subjects for

Examination; Identification of Examination Papers.

Section 7. Curriculum.

Section 8. Passing Average; Second Examination.

Section 9. Issuance of License; Biennial Registration;

Registration; Fee.

Section 9.1. Educational Conference Attendance; Notice of

Statute; Subsequent Compliance.

Section 9.2. Reporting of Multiple Licensure.

Section 10. Exemption from Examination.

Section 11. Residence Required of Out of State Licensees.

Section 12. Practice by Unregistered Persons.

Section 13. Penalties.

Section 14. Setting of Fees and Disposition of Fees, Fines

and Civil Penalties.

Section 14.1. Reports of the Board.

Section 15. Rules and Regulations.

Section 16. Refusal to Grant, Suspension and Revocation.

Section 16.1. Temporary and Automatic Suspensions.

Section 16.2. Reinstatement of License; Certificate or

Registration.

Section 16.3. Surrender of Suspended or Revoked License.

Section 17. Procedure, Oaths and Subpeonas.

Section 18. Display of License and Certificate.

Section 19. Injunction or Other Process.

Section 20. Records (Repealed).

Section 21. Licensed Physicians not Affected; Sale or

Fitting of Shoes or Appliances.

Section 21.1. Impaired Professional.

Section 21.2. Radiologic Procedures.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short Title.--This act shall be known and may be cited as the "Podiatry Practice Act."

(1 amended Dec. 20, 1985, P.L.384, No.107)

Section 2. Definitions.--The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

(a) "Podiatric Medicine" shall mean the diagnosis and treatment including mechanical and surgical treatment of ailments of the foot, and those anatomical structures of the leg governing the functions of the foot and the administration and prescription of drugs incidental thereto. It shall include treatment of local manifestations of systemic diseases as they appear on the foot but shall not include amputation of the leg or foot or treatment of systemic diseases of any other part of the body.

(b) "Board" shall mean the State Board of Podiatry.

(c) "Department" shall mean the Department of State.

(2 amended Dec. 20, 1985, P.L.384, No.107)

Section 2.1. State Board of Podiatry.--(a) The State Board of Podiatry shall consist of the Commissioner of Professional and Occupational Affairs, two members appointed by the Governor, with the advice and consent of a majority of the members elected to the Senate, who shall be persons representing the public at large, and six members appointed by the Governor, with the advice and consent of a majority of the members elected to the Senate, four of whom shall be podiatrists who possess the requisite qualifications to practice podiatric medicine under the laws of this Commonwealth and who have been practicing podiatry in this Commonwealth for five years immediately preceding their appointment, and two of whom shall be physicians licensed to practice medicine and surgery in this Commonwealth.

(b) The terms of each professional and public member of the board shall be four years, or until a successor has been appointed and qualified, but not longer than six months beyond the four-year period. In the event that any of said members shall die or resign or otherwise become disqualified during his or her term, a successor shall be appointed in the same way and with the same qualifications and shall hold office for the unexpired term. No member shall be eligible for appointment to serve more than two consecutive terms.

(c) A majority of the members of the board serving in accordance with law shall constitute a quorum for purposes of conducting the business of the board. Except for temporary and automatic suspensions under section 16.1, a member may not be counted as part of a quorum or vote on any issue, unless he or she is physically in attendance at the meeting.

(d) The board shall select annually a chairman from among its members and shall elect a secretary who, with the approval of the Commissioner of Professional and Occupational Affairs, need not be a member of the board.

(e) Each member of the board, except the Commissioner of Professional and Occupational Affairs, shall receive sixty dollars ($60) per diem when actually attending to the work of the board. Members shall also receive the amount of reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.

(f) The board is subject to evaluation, review and termination within the time and in the manner provided in the act of December 22, 1981 (P.L.508, No.142), known as the "Sunset Act."

(g) A member of the board who fails to attend three consecutive meetings shall forfeit his or her seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of a family member.

(h) A public member who fails to attend two consecutive statutorily mandated seminars in accordance with section 813(e) of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," shall forfeit his or her seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the public member, finds that the public member should be excused from a meeting because of illness or the death of a family member.

(i) The board shall meet at least once every two months and at such additional times as may be necessary to conduct the business of the board.

(2.1 added Dec. 20, 1985, P.L.384, No.107)

Section 3. Status of Existing Licensees.--(3 repealed Dec. 20, 1985, P.L.384, No.107)

Section 4. Application for Examination.--Except as hereinafter provided, any person not heretofore authorized to practice podiatric medicine in this Commonwealth desiring to be entitled to so practice, shall file with the board a written application for examination accompanied by a fee determined by the board by regulation and two unmounted finished photographs, one of which shall be verified by the dean of the school of podiatric medicine and surgery which he attended, and by satisfactory proof that the applicant is twenty-one years of age, a citizen of the United States of America, or has legally declared an intention to become such a resident of this Commonwealth, of good moral character, is not addicted to the intemperate use of alcohol or narcotic drugs. The applicant must be a graduate of an accredited school of podiatric medicine and surgery.

(4 amended Dec. 20, 1985, P.L.384, No.107)

Section 5. Exclusive Jurisdiction of Board.--From and after the effective date of this act, the board shall exercise exclusive jurisdiction over all persons licensed, or to be licensed, and registered to practice podiatric medicine in this Commonwealth.

(5 amended Dec. 20, 1985, P.L.384, No.107)

Section 6. Time and Place of Examinations; Subjects for Examination; Identification of Examination Papers.--The board shall hold written examinations in accordance with the provisions of section 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

(6 amended Dec. 20, 1985, P.L.384, No.107)

Section 7. Curriculum.--The curriculum taught at schools of podiatric medicine and surgery shall be confined to subjects covered by the definition of podiatric medicine as contained in this act.

(7 amended Dec. 20, 1985, P.L.384, No.107)

Section 8. Passing Average; Second Examination.--Every candidate for examination who obtains an average of not less than fifty-five per centum in any one subject and a general average of seventy-five per centum or more of a maximum of one hundred per centum in the examination shall be considered to have successfully passed the required examination. In case of failure at any examination, the candidate, within two years, may take a second examination without further application, upon payment of an additional fee as determined by the board by regulation.

(8 amended Dec. 20, 1985, P.L.384, No.107)

Section 9. Issuance of License; Biennial Registration; Registration; Fee.--The board shall issue a license to practice podiatric medicine to those qualified under the provisions of this act. All original registration shall expire on the first day of January of the alternate year succeeding the issue thereof, and thereafter, each person so registered shall be required to reregister biennially before the first day of January of each alternate year. Registration may be effected at any time during the month of December by the filing of such application as shall be required by the board to enable it to carry into effect the purposes of this act, together with a biennial registration fee determined by the board by regulation, and satisfactory evidence that the applicant attended during the two preceding license years such hours of approved educational conferences as determined by the board by regulation.

(9 amended Dec. 20, 1985, P.L.384, No.107)

Section 9.1. Educational Conference Attendance; Notice of Statute; Subsequent Compliance.--No applicant for a renewal registration shall be granted a registration for the ensuing biennial licensing period unless the applicant shall furnish to the board satisfactory evidence that he has attended not less than the required number of hours of approved educational conferences during the two intervening license years. An "approved educational conference" shall be one approved or ratified by the board as meeting the educational and professional requirements of the profession. No credit shall be given for any course in office management or practice building. Any individual applying for an initial registration under this act shall be exempted from the requirement of attending an educational conference during the calendar year in which he makes application for his license, provided he has graduated from an accredited school of podiatric medicine and surgery during that calendar year.

Immediately upon passage of this act, notice of its provision shall be given to every individual presently registered under this act by mailing a copy of this act to such individuals. Thereafter, a copy of this act shall be distributed to each registrant along with his license at the time of his initial registration or biennial reregistration. No licensee shall be registered for the ensuing biennial licensure if he fails to comply with the provisions of this section relating to attendance at educational conferences: Provided, That the board may, at its discretion, register any licensee if he proves subsequent compliance with the provisions of this section.

(9.1 amended Dec. 20, 1985, P.L.384, No.107)

Section 9.2. Reporting of Multiple Licensure.--Any licensed podiatrist of this Commonwealth who is also licensed to practice podiatric medicine or surgery in any other state, territory or country shall report this information to the board on the biennial registration application. Any disciplinary action taken in other states shall be reported to the board on the biennial registration application or within ninety days of final disposition, whichever is sooner. Multiple licensure shall be noted by the board on the podiatrist's record, and such state, territory or country shall be notified by the board of any disciplinary actions taken against said podiatrist in this Commonwealth.

(9.2 added Dec. 20, 1985, P.L.384, No.107)

Section 10. Exemption from Examination.--Any person may be exempt from examination if he holds a license or certificate to practice podiatric medicine issued by any other state or territory of the United States, which has requirements for licensure, which are substantially equivalent to those of this Commonwealth, and which extends similar privileges to persons licensed under the laws of this Commonwealth. Application for license in these cases shall be made on forms supplied by the board and shall be under oath. The fee therefor shall be determined by the board by regulation.

(10 amended Dec. 20, 1985, P.L.384, No.107)

Section 11. Residence Required of Out of State Licensees.--Any person who does not intend to become a resident of this Commonwealth will not be entitled to obtain a license to practice podiatric medicine in this Commonwealth in accordance with section ten of this act, and any person who obtains a license to practice podiatric medicine in this Commonwealth in accordance with section ten of this act and does not become a resident of this Commonwealth immediately thereafter will not be entitled to retain said license.

(11 amended Dec. 20, 1985, P.L.384, No.107)

Section 12. Practice by Unregistered Persons.--Any person who is not a licensed, and registered as a podiatrist shall not practice podiatric medicine nor in any written or printed circular or in any business card, letterhead or sign or otherwise assume the title "Chiropodist," "Podiatrist," "DSC," "DPM," "Doctor of Podiatric Medicine," "Foot Specialist," "Foot Correctionist," "Pedopractor" nor any other title, name or description implying or calculated to lead to the belief that he is qualified to practice podiatric medicine.

(12 amended Dec. 20, 1985, P.L.384, No.107)

Section 13. Penalties.--(a) Any person violating any of the provisions of this act, or any rule or regulation of the board, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000), or undergo imprisonment for not more than six months for the first violation. On the second and each subsequent conviction, he shall be sentenced to pay a fine of not more than two thousand dollars ($2,000), or undergo imprisonment for not less than six months nor more than one year in jail, or both.

(b) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000) on any current licensee who violates any provision of this act or on any person who practices podiatric medicine without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

(13 amended Dec. 20, 1985, P.L.384, No.107)

Compiler's Note: Section 3 of Act 25 of 2009, which amended section 5 of the act of July 2, 1993 (P.L.345, No.49), provided that section 13(b) is repealed insofar as it is inconsistent with the amendment of section 5.

Section 14. Setting of Fees and Disposition of Fees, Fines and Civil Penalties.--(a) All fees required under this act shall be fixed by the board by regulation and shall be subject to the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review Act." If the revenues raised by fees, fines and civil penalties imposed under this act are not sufficient to meet expenditures over a two-year period, the board shall increase those fees by regulation so that the projected revenues will meet or exceed projected expenditures.

(b) If the Bureau of Professional and Occupational Affairs determines that the fees established by the board under subsection (a) are inadequate to meet the minimum enforcement efforts required by this act, then the bureau, after consultation with the board and subject to the "Regulatory Review Act," shall increase the fees by regulation in an amount that adequate revenues are raised to meet the required enforcement effort.

(c) All fees, fines and civil penalties imposed in accordance with this act and collected in accordance with section 907(c) of the act of October 15, 1975 (P.L.390, No.111), known as the "Health Care Services Malpractice Act," shall be for the exclusive use by the State Board of Podiatry in carrying out the provisions of this act and shall be annually appropriated for that purpose.

(d) The board may charge a fee, as set by the board by regulation, for all examinations, registrations, renewals, certifications, licenses or applications permitted by this act or the regulations thereunder.

(14 amended Dec. 20, 1985, P.L.384, No.107)

Section 14.1. Reports of the Board.--(a) The board shall submit annually to the Department of State an estimate of the financial requirements of the board for its administrative, investigative, legal and miscellaneous expenses.

(b) The board shall submit annually to the House and Senate Appropriations Committees, fifteen days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the department.

(c) The board shall submit annually a report to the Professional Licensure Committee of the House of Representatives and to the Consumer Protection and Professional Licensure Committee of the Senate containing a description of the types of complaints received, status of cases, board action which has been taken and the length of time from the initial complaint to final board resolution.

(14.1 added Dec. 20, 1985, P.L.384, No.107)

Section 15. Rules and Regulations.--The board may make such reasonable rules and regulations as it deems necessary and proper in order to carry out the intent and purposes of this act within the scope of this act. The board shall adopt and administer appropriate rules and regulations establishing a list of drugs which may be administered and prescribed by podiatrist.

(15 amended July 8, 1970, P.L.458, No.158)

Section 16. Refusal to Grant, Suspension and Revocation.--(a) The board may refuse to grant and may suspend or revoke or cancel a license or a registration for the following reasons:

(1) The practice of fraud or deceit in obtaining or attempting to obtain a license or in obtaining admission to a school of podiatric medicine or surgery.

(2) Pleading guilty or nolo contendere to, or being found guilty, or receiving probation without verdict, disposition in lieu of trial, or an Accelerated Rehabilitative Disposition in the disposition of felony charges or an offense in connection with the practice of podiatric medicine or involving moral turpitude by a court of competent jurisdiction, or a jury.

(3) Gross incompetency, gross immorality, negligence or misconduct in carrying on of such profession.

(4) Violation of any of the provisions of this act, or the rules and regulations of the board.

(5) Loaning, borrowing or using the registration or license to practice podiatry of another, or knowingly aiding or abetting in any way the granting of an improper license or registration.

(6) That said applicant or licensee is addicted to alcohol or drugs or has been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country, or if he or she is or shall become mentally incompetent. An applicant's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction unless the board has some evidence to the contrary. In enforcing this paragraph, the board shall, upon probable cause, have authority to compel a podiatrist to submit to a mental or physical examination by a physician or a psychologist approved by the board. Failure of a podiatrist to submit to such examination when directed by the board, unless such failure is due to circumstances beyond his or her control, shall constitute an admission of the allegations against him or her, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A podiatrist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of podiatry with reasonable skill and safety to patients.

(7) Knowingly making substantial misrepresentations.

(8) Unethical conduct or misleading, fraudulent or unethical advertising.

(9) Soliciting patronage other than by legitimate advertisement, or paying a commission or agreeing to pay a commission to any person or persons for soliciting or for business secured, or paying any gratuity to any person with intent to have such person aid in securing business, or like unprofessional conduct.

(10) Having a license to practice podiatric medicine suspended, revoked or refused or receiving other disciplinary action by the proper podiatry licensing authority of another state, territory or country.

(11) Acting in such a manner as to present an immediate and clear danger to the public health or safety.

(b) When the board finds that the license of any person may be refused, revoked or suspended under the terms of subsection (a), the board may:

(1) Deny the application for a license.

(2) Administer a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict a license as determined by the board.

(4) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the board.

(5) Suspend enforcement of its finding thereof and place a licensee on probation with the right to vacate the probationary order for noncompliance.

(6) Restore or reissue, in its discretion, a suspended license to practice podiatric medicine and impose any disciplinary or corrective measure which it might originally have imposed.

(16 amended Dec. 20, 1985, P.L.384, No.107)

Section 16.1. Temporary and Automatic Suspensions.--(a) A license issued under this act may be temporarily suspended under circumstances as determined by the board to be an immediate and clear danger to the public health and safety. The board shall issue an order to that effect without a hearing, but upon due notice, to the licensee concerned at his or her last known address, which shall include a written statement of all allegations against the licensee. The provisions of section 17 shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within thirty days following the issuance of an order temporarily suspending a license, the board shall conduct or cause to be conducted, a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board but in no event longer than one hundred eighty days.

(b) A license issued under this act shall automatically be suspended upon the legal commitment to an institution of a licensee because of mental incompetency from any cause upon filing with the board a certified copy of such commitment, conviction of a felony under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or conviction of an offense under the laws of another jurisdiction, which, if committed in Pennsylvania, would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act." As used in this section the term "conviction" shall include a judgment, an admission of guilt or a plea of nolo contendere. Automatic suspension under this subsection shall not be stayed pending any appeal of a conviction. Restoration of such license shall be made as hereinafter provided in the case of revocation or suspension of such license.

(16.1 added Dec. 20, 1985, P.L.384, No.107)

Section 16.2. Reinstatement of License, Certificate or Registration.--Unless ordered to do so by Commonwealth Court or an appeal therefrom, the board shall not reinstate the license, certificate or registration of a person to practice podiatric medicine pursuant to this act which has been revoked. Any person whose license, certificate or registration has been revoked may apply for reinstatement after a period of at least five years but must meet all of the licensing qualifications of this act for the license applied for, including the examination requirement, if he or she desires to practice at any time after such revocation.

(16.2 added Dec. 20, 1985, P.L.384, No.107)

Section 16.3. Surrender of Suspended or Revoked License.--The board shall require a person whose license or registration has been suspended or revoked to return the license or registration in such manner as the board directs. Failure to do so shall be a misdemeanor of the third degree.

(16.3 added Dec. 20, 1985, P.L.384, No.107)

Section 17. Procedure, Oaths and Subpoenas.--(a) All actions of the board shall be taken subject to the right of notice, hearing and adjudication, and the right of appeal therefrom, in accordance with the provisions in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

(b) The board shall have the authority to issue subpoenas, upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before the board, for the purpose of investigating alleged violations of the disciplinary provisions administered by the board. The board shall have the power to subpoena witnesses, to administer oaths, to examine witnesses and to take such testimony or compel the production of such books, records, papers and documents as it may deem necessary or proper in, and pertinent to, any proceeding, investigation or hearing held or had by it. Medical records may not be subpoenaed without consent of the patient or without order of a court of competent jurisdiction on a showing that the records are reasonably necessary for the conduct of the investigation. The court may impose such limitations on the scope of the subpoena as are necessary to prevent unnecessary intrusion into patient confidential information. The board is authorized to apply to Commonwealth Court to enforce its subpoenas.

(c) An attorney responsible for representing the Commonwealth in disciplinary matters before the board shall notify the board immediately upon receiving notification of an alleged violation of this act. The board shall maintain current records of all reported alleged violations and periodically review the records for the purpose of determining that each alleged violation has been resolved in a timely manner.

(17 amended Dec. 20, 1985, P.L.384, No.107)

Section 18. Display of License and Certificate.--Every holder of a license or certificate of registration shall display the same in a conspicuous place wherein such person shall practice podiatric medicine.

(18 amended Dec. 20, 1985, P.L.384, No.107)

Section 19. Injunction or Other Process.--It shall be unlawful for any person to practice or attempt to offer to practice podiatric medicine, as defined in this act, without having at the time of so doing a valid, unexpired, unrevoked and unsuspended license issued under this act. The unlawful practice of podiatric medicine as defined in this act may be enjoined by the courts on petition of the board or the Commissioner of Professional and Occupational Affairs. In any such proceeding, it shall not be necessary to show that any person is individually injured by the actions complained of. If it is found that the respondent has engaged in the unlawful practice of podiatric medicine, the court shall enjoin him or her from so practicing unless and until he or she has been duly licensed. Procedure in such cases shall be the same as in any other injunction suit. The remedy by injunction hereby given is in addition to any other civil or criminal prosecution and punishment.

(19 amended Dec. 20, 1985, P.L.384, No.107)

Section 20. Records.--(20 repealed Dec. 20, 1985, P.L.384, No.107)

Section 21. Licensed Physicians not Affected; Sale or Fitting of Shoes or Appliances.--Nothing in this act contained shall be construed to interfere with, or affect, regularly licensed physicians in the discharge of their professional duties, and nothing herein contained shall be construed to prohibit or restrict the sale or fitting of shoes or commercial foot appliances. No retail merchant shall be permitted to practice podiatric medicine as provided for in this act, unless duly licensed to practice podiatric medicine.

(21 amended Dec. 20, 1985, P.L.384, No.107)

Section 21.1. Impaired Professional.--(a) The board, with the approval of the Commissioner of Professional and Occupational Affairs, shall appoint and fix the compensation of a professional consultant who is a licensee of the board, or such other professional as the board may determine, with education and experience in the identification, treatment and rehabilitation of persons with physical or mental impairments. Such consultant shall be accountable to the board and shall act as a liaison between the board and treatment programs, such as alcohol and drug treatment programs licensed by the Department of Health, psychological counseling and impaired professional support groups, which are approved by the board and which provide services to licensees under this act.

(b) The board may defer and ultimately dismiss any of the types of corrective action set forth in this act for an impaired professional so long as the professional is progressing satisfactorily in an approved treatment program, provided that the provisions of this subsection shall not apply to a professional convicted of a felonious act prohibited by the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or convicted of, pleaded guilty to or entered a plea of nolo contendere to a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country. An approved program provider shall, upon request, disclose to the consultant such information in its possession regarding an impaired professional in treatment which the program provider is not prohibited from disclosing by an act of this Commonwealth, another state or the United States. Such requirement of disclosure by an approved program provider shall apply in the case of impaired professionals who enter into an agreement in accordance with this section, impaired professionals who are the subject of a board investigation or disciplinary proceeding and impaired professionals who voluntarily enter a treatment program other than under the provisions of this section but who fail to complete the program successfully or to adhere to an after-care plan developed by the program provider.

(c) An impaired professional who enrolls in an approved treatment program shall enter into an agreement with the board under which the professional's license shall be suspended or revoked but enforcement of that suspension or revocation may be stayed for the length of time the professional remains in the program and makes satisfactory progress, complies with the terms of the agreement and adheres to any limitations on his practice imposed by the board to protect the public. Failure to enter into such an agreement shall disqualify the professional from the impaired professional program and shall activate an immediate investigation and disciplinary proceeding by the board.

(d) If, in the opinion of the consultant after consultation with the provider, an impaired professional who is enrolled in an approved treatment program has not progressed satisfactorily, the consultant shall disclose to the board all information in his possession regarding said professional; and the board shall institute proceedings to determine if the stay of the enforcement of the suspension or revocation of the impaired professional's license shall be vacated.

(e) An approved program provider who makes a disclosure pursuant to this section shall not be subject to civil liability for such disclosure or its consequences.

(f) Any hospital or health care facility, peer or colleague who has substantial evidence that a professional has an active addictive disease for which the professional is not receiving treatment, is diverting a controlled substance or is mentally or physically incompetent to carry out the duties of his or her license shall make or cause to be made a report to the board: Provided, That any person or facility who acts in a treatment capacity to an impaired podiatrist in an approved treatment program is exempt from the mandatory reporting requirements of this subsection. Any person or facility who reports pursuant to this section in good faith and without malice shall be immune from any civil or criminal liability arising from such report. Failure to provide such report within a reasonable time from receipt of knowledge of impairment shall subject the person or facility to a fine not to exceed one thousand dollars ($1,000). The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

(21.1 added Dec. 20, 1985, P.L.384, No.107)

Section 21.2. Radiologic Procedures.--(a) On and after January 1, 1987, no auxiliary personnel shall perform radiologic procedures on the premises of a podiatrist unless such person is under the direct supervision of a podiatrist who is on the premises at the time the X-ray is taken and unless such person has passed an examination approved by the board and administered in accordance with section 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

(b) The board shall, by regulation, provide for the exclusion of auxiliary personnel from performing radiologic procedures if the continued performance of radiologic procedures by the auxiliary personnel is determined by the board to pose a threat to the health, safety or welfare of the public.

(c) It shall be unlawful under this act to knowingly permit radiologic procedures to be performed in violation of this section or in violation of the regulations promulgated or orders issued in accordance with this section.

(d) No auxiliary personnel who has or obtains a license, certificate or registration issued by, or on behalf of, a board within the Bureau of Professional and Occupational Affairs shall be required to undergo any additional education or testing pursuant to this section, if radiologic procedures were included in the education or the examination which he or she was required to complete successfully in order to be eligible for such license, certificate or registration.

(21.2 added Dec. 20, 1985, P.L.384, No.107)

APPENDIX

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Supplementary Provisions of Amendatory Statutes

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1985, DECEMBER 20, P.L.384, NO.107

Section 18. This act, with respect to the State Board of Podiatry Examiners, shall constitute the legislation required to reestablish an agency pursuant to the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act.

Compiler's Note: Act 107 added or amended sections 2 and 2.1, repealed section 3, added or amended sections 4, 5, 6, 7, 8, 9, 9.1, 9.2, 10, 11, 12, 13, 14, 14.1, 16, 16.1, 17, 18 and 19, repealed section 20 and added or amended sections 21, 21.1 and 21.2 of Act 375.

Section 20. The presently confirmed members of the State Board of Podiatry Examiners constituted under section 464 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, as of December 31, 1985, shall continue to serve as board members until their present terms of office expire, provided that any present board member whose term has expired on or before the effective date of this act shall serve until a successor has been appointed and qualified but no longer than six months after the effective date of this act.

Section 21. Each rule and regulation of the board in effect on December 31, 1985, not inconsistent with this act, shall remain in effect after such date until repealed or amended by the board, provided that the board shall immediately initiate the repeal or amendment of any rule or regulation which is inconsistent with the provisions of this act. Each fee of the board in effect on December 31, 1985, and not inconsistent with this act shall remain in effect after such date until repealed or amended in accordance with the provisions of this act.

Section 22. Any person who holds a valid license issued by the State Board of Podiatry Examiners under the act of March 2, 1956 (1955 P.L.1206, No.375), known as the Podiatry Act of 1956, relating to the practice of podiatry, prior to the effective date of this amendatory act shall, on and after the effective date hereof, be deemed to be licensed by the State Board of Podiatry as provided for in this amendatory act.