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Podiatric Medicine

Ark. Code Ann. tit. 17, ch. 96
in effect

Ark. Code Ann. § 17-96-101 Definitions.

As used in this chapter: (1) “Podiatric medicine” means the diagnosis and medical, mechanical, and surgical treatment of ailments of the human foot and ankle; and (2) “Podiatrist” means a physician legally licensed to practice podiatric medicine. However, no podiatrist shall amputate the human foot or perform nerve or vascular grafting or administer any anesthetic other than a local anesthetic. All ankle surgery performed above the level of the foot other than skin and skin structures shall be performed in a facility accredited by either Medicare or by The Joint Commission.

Ark. Code Ann. § 17-96-102 Exemptions.

This chapter shall not apply to physicians or surgeons licensed in the State of Arkansas, nor to the surgeons of the United States Army, the United States Navy, the United States Air Force, and the United States Public Health Service, when in actual performance of their duties.

Ark. Code Ann. § 17-96-103 Unlawful acts — Penalties.

(a) Any person who shall unlawfully obtain registration under this chapter, whether by false or untrue statements contained in the application to the Arkansas Board of Podiatric Medicine or by presenting to the board a fraudulent diploma, certificate for license, or one fraudulently obtained, or by practicing without any registration or certificate shall be guilty of a Class A misdemeanor. (b) Except as otherwise provided in this section, any person who shall swear falsely to any affidavit or oral testimony made or given by virtue of the provisions of this chapter or the rules of the board shall be guilty of perjury and upon conviction shall be subject to all the pains and penalties of perjury. (c) Any person who knowingly violates this chapter, upon conviction is guilty of an unclassified misdemeanor and shall be fined a sum not exceeding one thousand dollars ($1,000) or be imprisoned not to exceed thirty (30) days, or be both fined and imprisoned.

Ark. Code Ann. § 17-96-104 Professional corporations.

(a) Podiatrists duly licensed to practice as such by the Arkansas Board of Podiatric Medicine may form professional corporations and practice podiatric medicine under and in accordance with the Arkansas Professional Corporation Act, § 4-29-201 et seq. (b) It shall be unlawful for any foreign corporation organized to practice podiatric medicine to attempt to practice podiatric medicine in this state. However, this subsection shall not prohibit podiatrists from associating themselves together in the same suite of offices and practicing podiatric medicine as partners or individuals.

Ark. Code Ann. § 17-96-201 Creation — Members.

(a) There is created the Arkansas Board of Podiatric Medicine. (b)(1) The board shall consist of five (5) members appointed by the Governor on September 1, for terms of three (3) years. All members shall be residents of the state for a period of one (1) or more years. (2) Three (3) members shall be podiatrists and shall have been actually engaged in the practice of podiatric medicine immediately preceding their appointment. They shall be appointed after consulting the Arkansas Podiatric Medical Association and subject to confirmation by the Senate. (3) Two (2) members of the board shall not be actively engaged in or retired from the profession of podiatric medicine. One (1) member under this subdivision (b)(3) shall represent consumers, and one (1) member under this subdivision (b)(3) shall be sixty (60) years of age or older and shall represent the elderly. Both members under this subdivision (b)(3) shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions under this subdivision (b)(3) may not be held by the same person. Both members under this subdivision (b)(3) shall be full voting members but shall not participate in the grading of examinations. (b) All vacancies on the board shall be filled by the Governor to serve for the unexpired term of the member whose place is rendered vacant.

Ark. Code Ann. § 17-96-202 Organization and proceedings.

(a)(1) The Arkansas Board of Podiatric Medicine shall choose one (1) of its members as president and one (1) as secretary-treasurer at each annual meeting to be held in June. (2) The board may meet more often if necessary in the discretion of the board at such times and places as it may deem proper for the examination of applicants who may wish to practice in this state and for the transaction of any other business that may come before it. (3)(A) The board shall make and adopt all necessary rules and bylaws necessary or convenient to perform its duties and to transact business as required by law. (B) The rules adopted under subdivision (a)(3)(A) of this section shall authorize the delegation of certain medical practices to persons other than podiatrists. (b) The Secretary-treasurer of the Arkansas Board of Podiatric Medicine shall execute to the board a bond with approved security for the faithful performance of his or her duty. (c)(1) The board shall keep a record book in which shall be registered the names, addresses, and license numbers of all persons legally entitled to practice in the State of Arkansas. (2) Proceedings of the board shall be recorded in a minute book to be open at all reasonable times to public inspection. (d) Three (3) members of the board of which two (2) shall be podiatrists shall constitute a quorum for the transaction of business.

Ark. Code Ann. § 17-96-203 Payment of expenses — Compensation of members and employees.

(a) The Arkansas Board of Podiatric Medicine is empowered to incur whatever expenses the board may deem necessary or expedient in performing the board's functions. (b) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) All of the disbursements provided for in this section shall be made out of the fees and fines collected by the board.

Ark. Code Ann. § 17-96-204 Rules on podiatrist's authority to delegate.

(a) The Arkansas Board of Podiatric Medicine shall adopt rules that establish standards to be met and procedures to be followed by a podiatrist with respect to the podiatrist's delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice. (b) The rules adopted under subsection (a) of this section shall provide that: (1) The delegating podiatrist is responsible for the acts of the employee performing the delegated practice; (2) The employee performing the delegated practice shall not be represented to the public as a licensed podiatrist, licensed nurse, licensed podiatrist's assistant, or other licensed healthcare provider; and (3) Medical practices delegated under this section shall be performed under the podiatrist's supervision. (c) Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board. (d) Rules adopted regarding the delegation of the administration of drugs shall provide for: (1) The delegated administration of drugs only within the physical boundaries of the delegating podiatrist's offices; (2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved; (3) Training and competency requirements that shall be met by the person administering the drugs; and (4) Other standards and procedures the board considers relevant. (e) The board shall not adopt rules that: (1) Authorize a podiatrist to transfer to a health professional other than another physician the podiatrist's responsibility for supervising a person who is performing a delegated medical practice; (2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual; (3) Authorize a podiatrist to delegate the administration of anesthesia; or (4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.

Ark. Code Ann. § 17-96-205 Rules on Schedule II narcotics.

The Arkansas Board of Podiatric Medicine shall adopt rules: (1) Limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board; and (2) Requiring licensees of the board to check the information in the Prescription Drug Monitoring Program as required under § 20-7-604(d)(2).

Ark. Code Ann. § 17-96-301 License required — Penalty for unlawful practice.

(a) It shall be unlawful for any person to profess to be a podiatrist or to practice or assume the duties incident to podiatric medicine unless licensed to do so by the Arkansas Board of Podiatric Medicine. (b)(1) If any person shall use the name or title “podiatrist”, “chiropodist”, “D.S.C.”, “D.P.M.”, “foot specialist”, or any other word, abbreviation, or title to that person's name indicating or designed to indicate the qualifications to practice podiatric medicine without first obtaining from the board a license authorizing the practice of podiatric medicine in this state, it shall be prima facie evidence of practicing podiatric medicine within the meaning of this chapter. (2) Upon conviction, the person is guilty of an unclassified misdemeanor and shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not less than three (3) months nor more than one (1) year, or both. (3) Each separate day on which any person so practices or attempts to practice or holds out to so practice, or does both, without the registration and certificate as provided in this chapter shall constitute a separate and distinct offense.

Ark. Code Ann. § 17-96-302 Application.

(a) All persons who may wish to practice podiatric medicine in this state shall make application, upon a form authorized by the Arkansas Board of Podiatric Medicine and furnished by it, to the Secretary-treasurer of the Arkansas Board of Podiatric Medicine for a license, to be subscribed to by the applicant. (b) The applicant shall file with the secretary-treasurer at least two (2) months before an examination an approved application, on a form furnished by the board covering the applicant's personal history and preliminary and professional education and such other evidence of qualification as the board may require. (c) All applicants for examination who shall furnish the board with proper proof of their education and qualifications, upon payment of a fee to be established by the board in an amount not to exceed two hundred dollars ($200), shall be examined and, if found qualified, shall be registered and receive in testimony thereof a certificate signed by the members of the board.

Ark. Code Ann. § 17-96-303 Qualification of applicants.

(a) A person shall not take any examination for such registration unless that person shall furnish the Arkansas Board of Podiatric Medicine with satisfactory proof that he or she: (1) Is twenty-one (21) years of age or over; and (2) Has received a license or certificate of graduation from a legally incorporated, regularly established school of podiatric medicine recognized by the Council on Podiatric Medical Education of the American Podiatric Medical Association, Inc. within the states, territories, districts, and provinces of the United States or within any foreign country. (b) No applicant shall be entitled to such registration and certificate unless the applicant shall have completed before the beginning of the applicant's course in podiatric medicine a minimum of three (3) years in an accredited university or college of the liberal arts or the sciences. (c) A diploma issued by an accredited school of podiatric medicine, approved by the American Podiatric Medical Association, Inc. bestowing the degree “Doctor of Podiatric Medicine” shall be recognized as a qualification under this chapter only if the diploma represents the actual standards of preliminary and professional education established by the board. (d)(1) A certificate issued by an accredited podiatric residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, Inc. as proof of the satisfactory completion of a minimum of a one-year postgraduate residency program. (2) A podiatrist who graduated before 1990 and can show proof of continuous practice since graduation is exempt from the residency requirement. (3) Podiatrists who are licensed to practice in the State of Arkansas before 1997 are exempt from the residency requirement.

Ark. Code Ann. § 17-96-304 Examinations.

(a) The Arkansas Board of Podiatric Medicine may make such rules governing the conduct of the examinations as it shall deem necessary, and willful violation of the rules shall subject the applicant to the loss of the examination fee. (b)(1) Examinations shall be in the English language and shall be written and clinical. (2) The board shall approve and designate the examinations to be given to those individuals who desire a license to practice podiatric medicine in the State of Arkansas. The board shall set forth the standards for successful completion of the examination for licensure. (c)(1) An applicant who fails to pass an examination satisfactory to the board and is therefore refused registration shall be entitled to a reexamination within six (6) months after the refusal. (2) The examination shall be at a meeting of the board called for the examination of applicants. (3) The applicant shall make payment of an additional fee to be established by the board in an amount not to exceed one hundred dollars ($100) for each reexamination. (4) Two (2) such reexaminations shall exhaust the privilege under the original application.

Ark. Code Ann. § 17-96-305 Temporary license.

(a) A temporary license to practice podiatric medicine in this state may be issued to a person who meets all the qualifications for licensure with the exception of the residency requirement while participating in a full-time podiatric residency program. This program must be approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association. This person shall practice under the supervision of a licensed and qualified podiatrist of this state. The Arkansas Board of Podiatric Medicine must be notified in writing of this supervisory status by the residency director of the program. The board shall also receive in writing the name of the podiatrist who will act as the supervisor and an agreement to act in the capacity of a supervisor. (b) The temporary license will be in effect for a period of one (1) year after the date of issue. The board shall not issue a certificate to practice podiatric medicine if the applicant does not present proof of the successful completion of the residency program. (c) A podiatrist practicing podiatric medicine with a temporary license may be suspended or may have the temporary license revoked under the same provisions for the revocation of licensure or suspension of a fully licensed podiatrist. (d) The board shall not issue a certificate to practice podiatric medicine if the applicant does not present proof of the successful completion of the residency program. The proof of residency completion accompanied by the licensing renewal fee must be presented to the board within thirty (30) days of completion of the residency program or the applicant shall be required to submit a new application for licensure.

Ark. Code Ann. § 17-96-306 Renewal — Continuing education requirement.

(a)(1) A renewal fee to be established by the Arkansas Board of Podiatric Medicine in an amount not to exceed one hundred dollars ($100) shall be paid on July 1 each year. (2)(A) If the fee is not paid within three (3) months, the license may be suspended or revoked. (B) If the license is revoked, it shall only be reissued upon original application and examination. (3) A penalty may be established by the board, and it shall not exceed one-half (½) of the renewal fee for renewal fees not paid before July 15 of each year. (b)(1) For renewal of a license, each licensee must present to the board a certificate of attendance at seminars or other continuing professional education courses in the health sciences as approved by the board. (2) The number of hours of continuing education to be earned annually shall be set by the board. (3) However, the requirement of continuing education may be waived by the board upon application by the licensee and proof of extenuating circumstances, as approved by the board.

Ark. Code Ann. § 17-96-307 Recording and display of license.

(a) All licenses shall be recorded in the manner of other medical licenses in the office of the county recorder in which county the licensee practices. (b) All licenses shall be conspicuously displayed at the office or other place of practice.

Ark. Code Ann. § 17-96-308 Revocation.

(a)(1) The Arkansas Board of Podiatric Medicine, after hearing, may revoke by majority vote any certificate issued by it and cancel or suspend the registration of any podiatrist who has been convicted of violation of § 17-96-103. (2) The board, after hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., by a majority vote may also revoke the certificate and cancel or suspend the registration of any person of whom the court records of a court of any state or territory within the United States or of the federal courts or the records of any court of jurisdiction in any foreign country show that the person has been found guilty of a criminal offense. (3) The board, after hearing, by majority vote may also revoke the certificate and cancel or suspend the registration of any person whose registration was granted upon mistake of material fact. (b) The board may subsequently, but not earlier than one (1) year thereafter, by unanimous vote, reissue any certificate and register anew any podiatrist whose certificate was revoked and whose registration was canceled by the board, except as otherwise provided in this subchapter. (c)(1) The board, after hearing, may refuse to issue a certificate and cancel or suspend the registration of any person registered under the provisions of this chapter who, after investigation and hearing, shall be found guilty of grossly unprofessional and dishonest conduct. The board may impose a penalty not to exceed one thousand dollars ($1,000) for each violation, require completion of appropriate educational programs or courses, place conditions or restrictions upon the licensee's license or practice, or such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals. (2) “Unprofessional and dishonest conduct” means, but is not limited to: (A) The willful betrayal of a professional secret; (B) Having professional connections with, or lending the use of one's name to, an unregistered podiatrist or having professional connection with anyone who has been convicted in any court of any criminal offense whatsoever; (C) [Repealed.] (D) Habitual intemperance; (E) Being habitually addicted to the use of morphine, opium, cocaine, or other drugs for other use than legal and legitimate purposes; (F) Advertising in a false, fraudulent, deceptive, or misleading manner; (G) Becoming physically or mentally incompetent to practice podiatric medicine as to endanger the public; or (H) Gross negligence or malpractice.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026

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