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Statutes Text

Article - Health Occupations


    (a)    In addition to the powers set forth elsewhere in this title, the Board may:

        (1)    Adopt rules and regulations to carry out the provisions of this title;

        (2)    After consulting with the State Board of Pharmacy, adopt rules and regulations regarding the dispensing of prescription drugs by a licensed podiatrist; and

        (3)    On receipt of a written and signed allegation, investigate the same for any possible violation of this title.

    (b)    In addition to the duties set forth elsewhere in this title, the Board shall:

        (1)    Keep a complete record of all its transactions;

        (2)    Investigate any alleged unauthorized practice of podiatry and, if the results of the investigation indicate that the allegation has merit, report it to the State’s Attorney of the county where the alleged violation occurred;

        (3)    On receipt of a written and signed allegation, including a referral from the Commissioner of Labor and Industry:

            (i)    Investigate the allegation for possible violations of this title;

            (ii)    Provide notice to the licensed podiatrist that an allegation has been received and forward a copy of the allegation to the licensed podiatrist within 60 days of receipt of the allegation, unless the Board:

                1.    Makes an affirmative determination that the disclosure would prejudice the investigation of the allegation and notifies the licensee of the determination;

                2.    Disposes of the allegation within 60 days of the date of receipt of the allegation; or

                3.    Makes an affirmative determination that any action that the Board may take as a result of the investigation into the allegation will most likely not result in formal disciplinary action; and

            (iii)    Periodically notify the licensed podiatrist and all persons of interest of the status of the allegation until such time as the allegation is resolved; and

        (4)    Except for an office of a podiatrist in a hospital, related institution, freestanding medical facility, or freestanding birthing center, conduct an unannounced inspection of the office of a podiatrist against whom a complaint has been filed with the Board regarding a violation of the Centers for Disease Control and Prevention’s guidelines on universal precautions to determine compliance at that office with the guidelines.

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