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Statutes > California > Bpc > 2460-2499.8

BUSINESS AND PROFESSIONS CODE
SECTION 2460-2499.8



2460.  (a) There is created within the jurisdiction of the Medical
Board of California the California Board of Podiatric Medicine.
    (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. The repeal of this section renders the California Board of
Podiatric Medicine subject to the review required by Division 1.2
(commencing with Section 473).



2460.1.  Protection of the public shall be the highest priority for
the California Board of Podiatric Medicine in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.




2461.  As used in this article:
   (a) "Division" means the Division of Licensing of the Medical
Board of California.
   (b) "Board" means the California Board of Podiatric Medicine.
   (c) "Podiatric licensing authority" refers to any officer, board,
commission, committee, or department of another state that may issue
a license to practice podiatric medicine.



2462.  The board shall consist of seven members, three of whom shall
be public members. Not more than one member of the board shall be a
full-time faculty member of a college or school of podiatric
medicine.
   The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member. The Senate Rules Committee and
the Speaker of the Assembly shall each appoint a public member.




2463.  Each member of the board, except the public members, shall be
appointed from persons having all of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Be a graduate of a recognized school or college of podiatric
medicine.
   (c) Have a valid certificate to practice podiatric medicine in
this state.
   (d) Have engaged in the practice of podiatric medicine in this
state for at least five years next preceding his or her appointment.



2464.  The public members shall be appointed from persons having all
of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Shall not be an officer or faculty member of any college,
school, or other institution engaged in podiatric medical
instruction.
   (c) Shall not be a licentiate of the board or of any board under
this division or of any board created by an initiative act under this
division.



2465.  No person who directly or indirectly owns any interest in any
college, school, or other institution engaged in podiatric medical
instruction shall be appointed to the board or shall any incumbent
member of the board have or acquire any interest, direct or indirect,
in any such college, school, or institution.


2466.  All members of the board shall be appointed for terms of four
years. Vacancies shall immediately be filled by the appointing power
for the unexpired portion of the terms in which they occur. No
person shall serve as a member of the board for more than two
consecutive terms.



2467.  (a) The board may convene from time to time as it deems
necessary.
   (b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
   (c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
   (d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board. The president may
call meetings of the board and any duly appointed committee at a
specified time and place.



2468.  Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).


2469.  Each member of the board shall receive per diem and expenses
as provided in Section 2016.



2470.  The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, regulations
necessary to enable the board to carry into effect the provisions of
law relating to the practice of podiatric medicine.




2471.  Except as provided by Section 159.5, the board may employ,
within the limits of the funds received by the board, all personnel
necessary to carry out this chapter.



2472.  (a) The certificate to practice podiatric medicine authorizes
the holder to practice podiatric medicine.
   (b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
   (c) A doctor of podiatric medicine may not administer an
anesthetic other than local. If an anesthetic other than local is
required for any procedure, the anesthetic shall be administered by
another licensed health care practitioner who is authorized to
administer the required anesthetic within the scope of his or her
practice.
   (d) (1) A doctor of podiatric medicine who is ankle certified by
the board on and after January 1, 1984, may do the following:
   (A) Perform surgical treatment of the ankle and tendons at the
level of the ankle pursuant to subdivision (e).
   (B) Perform services under the direct supervision of a physician
and surgeon, as an assistant at surgery, in surgical procedures that
are otherwise beyond the scope of practice of a doctor of podiatric
medicine.
   (C) Perform a partial amputation of the foot no further proximal
than the Chopart's joint.
   (2) Nothing in this subdivision shall be construed to permit a
doctor of podiatric medicine to function as a primary surgeon for any
procedure beyond his or her scope of practice.
   (e) A doctor of podiatric medicine may perform surgical treatment
of the ankle and tendons at the level of the ankle only in the
following locations:
   (1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
   (2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1) and meets all the protocols of the surgical clinic.
   (3) An ambulatory surgical center that is certified to participate
in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1) and meets all the protocols of the surgical center.
   (4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1). For purposes of this section, a "freestanding physical plant"
means any building that is not physically attached to a building
where inpatient services are provided.
   (5) An outpatient setting accredited pursuant to subdivision (g)
of Section 1248.1 of the Health and Safety Code.
   (f) A doctor of podiatric medicine shall not perform an admitting
history and physical examination of a patient in an acute care
hospital where doing so would violate the regulations governing the
Medicare program.
   (g) A doctor of podiatric medicine licensed under this chapter is
a licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.



2474.  Any person who uses in any sign or in any advertisement or
otherwise, the word or words "doctor of podiatric medicine," "doctor
of podiatry," "podiatric doctor," "D.P.M.," "podiatrist," "foot
specialist," or any other term or terms or any letters indicating or
implying that he or she is a doctor of podiatric medicine, or that he
or she practices podiatric medicine, or holds himself out as
practicing podiatric medicine or foot correction as defined in
Section 2472, without having at the time of so doing a valid,
unrevoked, and unsuspended certificate as provided for in this
chapter, is guilty of a misdemeanor.



2475.  Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the division. However, a graduate of an
approved college or school of podiatric medicine upon whom the
degree doctor of podiatric medicine has been conferred, who is issued
a resident's license, which may be renewed annually for up to four
years for this purpose by the division upon recommendation of the
board, and who is enrolled in a postgraduate training program
approved by the board, may engage in the practice of podiatric
medicine whenever and wherever required as a part of that program and
may receive compensation for that practice under the following
conditions:
   (a) A graduate with a resident's license in an approved
internship, residency, or fellowship program may participate in
training rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice. If the graduate fails to receive a license to practice
podiatric medicine under this chapter within three years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
   (b)  Hospitals functioning as a part of the teaching program of an
approved college or school of podiatric medicine in this state may
exchange instructors or resident or assistant resident doctors of
podiatric medicine with another approved college or school of
podiatric medicine not located in this state, or those hospitals may
appoint a graduate of an approved school as such a resident for
purposes of postgraduate training. Those instructors and residents
may practice and be compensated as provided in this section, but that
practice and compensation shall be for a period not to exceed two
years.


2475.1.  Before a resident's license may be issued, each applicant
shall show by evidence satisfactory to the board, submitted directly
to the board by the national score reporting institution, that he or
she has, within the past 10 years, passed Parts I and II of the
examination administered by the National Board of Podiatric Medical
Examiners of the United States or has passed a written examination
that is recognized by the board to be the equivalent in content to
the examination administered by the National Board of Podiatric
Medical Examiners of the United States.



2475.2.  As used in this article, "podiatric residency" means a
program of supervised postgraduate clinical training, one year or
more in duration, approved by the board.



2475.3.  (a) The board shall approve podiatric residency programs,
as defined in Section 2475.2, in the field of podiatric medicine, for
persons who are applicants for or have been issued a certificate to
practice podiatric medicine pursuant to this article.
   (b) The board may only approve a podiatric residency that it
determines meets all of the following requirements:
   (1) Reasonably conforms with the Accreditation Council for
Graduate Medical Education's Institutional Requirements of the
Essentials of Accredited Residencies in Graduate Medical Education:
Institutional and Program Requirements.
   (2) Is approved by the Council on Podiatric Medical Education.
   (3) Complies with the requirements of this state.




2476.  Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved college or school of podiatric medicine
from participating in training beyond the scope of podiatric medicine
under the supervision of a physician and surgeon who holds a medical
doctor or doctor of osteopathy degree whenever and wherever
prescribed as part of his or her course of study.



2477.  Nothing in this chapter prohibits the manufacture, the
recommendation, or the sale of either corrective shoes or appliances
for the human feet.


2479.  The division shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine to each applicant
who meets the requirements of this chapter. Every applicant for a
certificate to practice podiatric medicine shall comply with the
provisions of Article 4 (commencing with Section 2080) which are not
specifically applicable to applicants for a physician's and surgeon's
certificate, in addition to the provisions of this article.



2480.  The board shall have full authority to investigate and to
evaluate each applicant applying for a certificate to practice
podiatric medicine and to make a determination of the admission of
the applicant to the examination and the issuance of a certificate in
accordance with the provisions and requirements of this chapter.




2481.  Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall show by an official
transcript or other official evidence submitted directly to the
board by the academic institution that he or she has completed two
years of preprofessional postsecondary education, or its equivalent,
including the subjects of chemistry, biology or other biological
science, and physics or mathematics, before completing the resident
course of professional instruction.



2483.  (a) Each applicant for a certificate to practice podiatric
medicine shall show by an official transcript or other official
evidence satisfactory to the board that is submitted directly to the
board by the academic institution that he or she has successfully
completed a medical curriculum extending over a period of at least
four academic years, or 32 months of actual instruction, in a college
or school of podiatric medicine approved by the board. The total
number of hours of all courses shall consist of a minimum of 4,000
hours.
   The board, by regulation, shall adopt standards for determining
equivalent training authorized by this section.
   (b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
   Alcoholism and other chemical substance detection
   Local anesthesia
   Anatomy, including embryology, histology, and neuroanatomy
   Behavioral science
   Biochemistry
   Biomechanics-foot and ankle
   Child abuse detection
   Dermatology
   Geriatric medicine
   Human sexuality
   Infectious diseases
   Medical ethics
   Neurology
   Orthopedic surgery
   Pathology, microbiology, and immunology
   Pediatrics
   Pharmacology, including materia medica and toxicology
   Physical and laboratory diagnosis
   Physical medicine
   Physiology
   Podiatric medicine
   Podiatric surgery
   Preventive medicine, including nutrition
   Psychiatric problem detection
   Radiology and radiation safety
   Spousal or partner abuse detection
   Therapeutics
   Women's health



2484.  In addition to any other requirements of this chapter, before
a certificate to practice podiatric medicine may be issued, each
applicant shall show by evidence satisfactory to the board, submitted
directly to the board by the sponsoring institution, that he or she
has satisfactorily completed at least two years of postgraduate
podiatric medical and podiatric surgical training in a general acute
care hospital approved by the Council of Podiatric Medical Education.



2486.  The Medical Board of California shall issue, upon the
recommendation of the board, a certificate to practice podiatric
medicine if the applicant has submitted directly to the board from
the credentialing organizations verification that he or she meets all
of the following requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
   (b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
   (d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.


2488.  Notwithstanding any other provision of law, the Medical Board
of California shall issue, upon the recommendation of the board, a
certificate to practice podiatric medicine by credentialing if the
applicant has submitted directly to the board from the credentialing
organizations verification that he or she is licensed as a doctor of
podiatric medicine in any other state and meets all of the following
requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine.
   (b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or a written
examination that is recognized by the board to be the equivalent in
content to the examination administered by the National Board of
Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed a postgraduate
training program approved by the Council on Podiatric Medical
Education.
   (d) The applicant, within the past 10 years, has passed any oral
and practical examination that may be required of all applicants by
the board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.



2492.  (a) The board shall examine every applicant for a certificate
to practice podiatric medicine to ensure a minimum of entry-level
competence at the time and place designated by the board in its
discretion, but at least twice a year.
   (b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
   (c) The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this article, who shall
be designated as examination commissioners. The board may fix the
compensation of those persons subject to the provisions of applicable
state laws and regulations.
   (d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board except where
those provisions are in conflict with or inconsistent with the
provisions of this article. In respect to applicants under this
article any references to the "Division of Licensing" or "division"
shall be deemed to apply to the board.


2493.  (a) An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 2483 in order to ensure a minimum of entry-level competence.
   (b) The board shall require a passing score on the National Board
of Podiatric Medical Examiners Part III examination that is
consistent with the postgraduate training requirement in Section
2484. The board, as of July 1, 2005, shall require a passing score
one standard error of measurement higher than the national passing
scale score until such time as the National Board of Podiatric
Medical Examiners recommends a higher passing score consistent with
Section 2484. In consultation with the Office of Professional
Examination Services of the Department of Consumer Affairs, the board
shall ensure that the part III examination adequately evaluates the
full scope of practice established by Section 2472, including
amputation and other foot and ankle surgical procedures, pursuant to
Section 139.



2495.  Notwithstanding any other provision of this chapter, the
board may delegate to officials of the board the authority to approve
the admission of applicants to the examination and to approve the
issuance of certificates to practice podiatric medicine to applicants
who have met the specific requirements therefor in routine cases
where applicants clearly meet the requirements of this chapter.



2496.  In order to ensure the continuing competence of persons
licensed to practice podiatric medicine, the board shall adopt and
administer regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code) requiring continuing
education of those licensees. The board shall require those
licensees to demonstrate satisfaction of the continuing education
requirements and one of the following requirements at each license
renewal:
   (a) Passage of an examination administered by the board within the
past 10 years.
   (b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
   (c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
   (d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
   (e) Successful completion of an approved residency or fellowship
program within the past 10 years.
   (f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California.
   (g) Successful completion within the past five years of an
extended course of study approved by the board.
   (h) Passage within the past 10 years of Part III of the
examination administered by the National Board of Podiatric Medical
Examiners.


2497.  (a) The board may order the denial of an application for, or
the suspension of, or the revocation of, or the imposition of
probationary conditions upon, a certificate to practice podiatric
medicine for any of the causes set forth in Article 12 (commencing
with Section 2220) in accordance with Section 2222.
   (b) The board may hear all matters, including but not limited to,
any contested case or may assign any such matters to an
administrative law judge. The proceedings shall be held in accordance
with Section 2230. If a contested case is heard by the board itself,
the administrative law judge who presided at the hearing shall be
present during the board's consideration of the case and shall assist
and advise the board.



2497.5.  (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed the
actual and reasonable costs of the investigation and prosecution of
the case.
   (b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
   (c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment by bringing an action in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
   (d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
   (e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licensee who has failed to pay
all of the costs ordered under this section.
   (2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse
the board within that one year period for those unpaid costs.
   (f) All costs recovered under this section shall be deposited in
the Board of Podiatric Medicine Fund as a reimbursement in either the
fiscal year in which the costs are actually recovered or the
previous fiscal year, as the board may direct.



2498.  (a) The board shall have the responsibility for reviewing the
quality of podiatric medical practice carried out by persons
licensed to practice podiatric medicine.
   (b) Each member of the board, or any licensed doctor of podiatric
medicine appointed by the board, shall additionally have the
authority to inspect, or require reports from, a general or
specialized hospital and the podiatric medical staff thereof, with
respect to the podiatric medical care, services, or facilities
provided therein, and may inspect podiatric medical patient records
with respect to the care, services, or facilities. The authority to
make inspections and to require reports as provided by this section
shall not be delegated by a member of the board to any person other
than a doctor of podiatric medicine and shall be subject to the
restrictions against disclosure described in Section 2263.




2499.  There is in the State Treasury the Board of Podiatric
Medicine Fund. Notwithstanding Section 2445, the division shall
report to the Controller at the beginning of each calendar month for
the month preceding the amount and source of all revenue received by
it on behalf of the board, pursuant to this chapter, and shall pay
the entire amount thereof to the Treasurer for deposit into the fund.
All revenue received by the board and the division from fees
authorized to be charged relating to the practice of podiatric
medicine shall be deposited in the fund as provided in this section,
and shall be used to carry out the provisions of this chapter
relating to the regulation of the practice of podiatric medicine.




2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6. Fees collected pursuant to this section shall be fixed by the
board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed. If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or if
the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant. The board may charge
an examination fee for any subsequent reexamination of the applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be nine hundred dollars ($900).
Any licensee enrolled in an approved residency program shall be
required to pay only 50 percent of the biennial renewal fee at the
time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a resident's license under Section 2475.
   (k) The application fee for ankle certification under Section 2472
for persons licensed prior to January 1, 1984, shall be fifty
dollars ($50). The examination and reexamination fee for this
certification shall be seven hundred dollars ($700).
   (l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).



2499.6.  The fees in this article shall be fixed by the board in
accordance with Section 313.1.



2499.8.  Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice podiatric medicine due to
a disability may request a waiver of the license renewal fee. The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time. Waivers shall be based on the inability of
a licensee to practice podiatric medicine. A licensee whose renewal
fee has been waived pursuant to this section shall not engage in the
practice of podiatric medicine unless and until the licensee pays the
current renewal fee and does either of the following:
   (a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that the
licensee's disability either no longer exists or does not affect his
or her ability to practice podiatric medicine safely.
   (b) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the licensee agrees to limit his
or her practice in the manner prescribed by the reviewing physician.


State Codes and Statutes

Statutes > California > Bpc > 2460-2499.8

BUSINESS AND PROFESSIONS CODE
SECTION 2460-2499.8



2460.  (a) There is created within the jurisdiction of the Medical
Board of California the California Board of Podiatric Medicine.
    (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. The repeal of this section renders the California Board of
Podiatric Medicine subject to the review required by Division 1.2
(commencing with Section 473).



2460.1.  Protection of the public shall be the highest priority for
the California Board of Podiatric Medicine in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.




2461.  As used in this article:
   (a) "Division" means the Division of Licensing of the Medical
Board of California.
   (b) "Board" means the California Board of Podiatric Medicine.
   (c) "Podiatric licensing authority" refers to any officer, board,
commission, committee, or department of another state that may issue
a license to practice podiatric medicine.



2462.  The board shall consist of seven members, three of whom shall
be public members. Not more than one member of the board shall be a
full-time faculty member of a college or school of podiatric
medicine.
   The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member. The Senate Rules Committee and
the Speaker of the Assembly shall each appoint a public member.




2463.  Each member of the board, except the public members, shall be
appointed from persons having all of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Be a graduate of a recognized school or college of podiatric
medicine.
   (c) Have a valid certificate to practice podiatric medicine in
this state.
   (d) Have engaged in the practice of podiatric medicine in this
state for at least five years next preceding his or her appointment.



2464.  The public members shall be appointed from persons having all
of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Shall not be an officer or faculty member of any college,
school, or other institution engaged in podiatric medical
instruction.
   (c) Shall not be a licentiate of the board or of any board under
this division or of any board created by an initiative act under this
division.



2465.  No person who directly or indirectly owns any interest in any
college, school, or other institution engaged in podiatric medical
instruction shall be appointed to the board or shall any incumbent
member of the board have or acquire any interest, direct or indirect,
in any such college, school, or institution.


2466.  All members of the board shall be appointed for terms of four
years. Vacancies shall immediately be filled by the appointing power
for the unexpired portion of the terms in which they occur. No
person shall serve as a member of the board for more than two
consecutive terms.



2467.  (a) The board may convene from time to time as it deems
necessary.
   (b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
   (c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
   (d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board. The president may
call meetings of the board and any duly appointed committee at a
specified time and place.



2468.  Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).


2469.  Each member of the board shall receive per diem and expenses
as provided in Section 2016.



2470.  The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, regulations
necessary to enable the board to carry into effect the provisions of
law relating to the practice of podiatric medicine.




2471.  Except as provided by Section 159.5, the board may employ,
within the limits of the funds received by the board, all personnel
necessary to carry out this chapter.



2472.  (a) The certificate to practice podiatric medicine authorizes
the holder to practice podiatric medicine.
   (b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
   (c) A doctor of podiatric medicine may not administer an
anesthetic other than local. If an anesthetic other than local is
required for any procedure, the anesthetic shall be administered by
another licensed health care practitioner who is authorized to
administer the required anesthetic within the scope of his or her
practice.
   (d) (1) A doctor of podiatric medicine who is ankle certified by
the board on and after January 1, 1984, may do the following:
   (A) Perform surgical treatment of the ankle and tendons at the
level of the ankle pursuant to subdivision (e).
   (B) Perform services under the direct supervision of a physician
and surgeon, as an assistant at surgery, in surgical procedures that
are otherwise beyond the scope of practice of a doctor of podiatric
medicine.
   (C) Perform a partial amputation of the foot no further proximal
than the Chopart's joint.
   (2) Nothing in this subdivision shall be construed to permit a
doctor of podiatric medicine to function as a primary surgeon for any
procedure beyond his or her scope of practice.
   (e) A doctor of podiatric medicine may perform surgical treatment
of the ankle and tendons at the level of the ankle only in the
following locations:
   (1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
   (2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1) and meets all the protocols of the surgical clinic.
   (3) An ambulatory surgical center that is certified to participate
in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1) and meets all the protocols of the surgical center.
   (4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1). For purposes of this section, a "freestanding physical plant"
means any building that is not physically attached to a building
where inpatient services are provided.
   (5) An outpatient setting accredited pursuant to subdivision (g)
of Section 1248.1 of the Health and Safety Code.
   (f) A doctor of podiatric medicine shall not perform an admitting
history and physical examination of a patient in an acute care
hospital where doing so would violate the regulations governing the
Medicare program.
   (g) A doctor of podiatric medicine licensed under this chapter is
a licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.



2474.  Any person who uses in any sign or in any advertisement or
otherwise, the word or words "doctor of podiatric medicine," "doctor
of podiatry," "podiatric doctor," "D.P.M.," "podiatrist," "foot
specialist," or any other term or terms or any letters indicating or
implying that he or she is a doctor of podiatric medicine, or that he
or she practices podiatric medicine, or holds himself out as
practicing podiatric medicine or foot correction as defined in
Section 2472, without having at the time of so doing a valid,
unrevoked, and unsuspended certificate as provided for in this
chapter, is guilty of a misdemeanor.



2475.  Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the division. However, a graduate of an
approved college or school of podiatric medicine upon whom the
degree doctor of podiatric medicine has been conferred, who is issued
a resident's license, which may be renewed annually for up to four
years for this purpose by the division upon recommendation of the
board, and who is enrolled in a postgraduate training program
approved by the board, may engage in the practice of podiatric
medicine whenever and wherever required as a part of that program and
may receive compensation for that practice under the following
conditions:
   (a) A graduate with a resident's license in an approved
internship, residency, or fellowship program may participate in
training rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice. If the graduate fails to receive a license to practice
podiatric medicine under this chapter within three years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
   (b)  Hospitals functioning as a part of the teaching program of an
approved college or school of podiatric medicine in this state may
exchange instructors or resident or assistant resident doctors of
podiatric medicine with another approved college or school of
podiatric medicine not located in this state, or those hospitals may
appoint a graduate of an approved school as such a resident for
purposes of postgraduate training. Those instructors and residents
may practice and be compensated as provided in this section, but that
practice and compensation shall be for a period not to exceed two
years.


2475.1.  Before a resident's license may be issued, each applicant
shall show by evidence satisfactory to the board, submitted directly
to the board by the national score reporting institution, that he or
she has, within the past 10 years, passed Parts I and II of the
examination administered by the National Board of Podiatric Medical
Examiners of the United States or has passed a written examination
that is recognized by the board to be the equivalent in content to
the examination administered by the National Board of Podiatric
Medical Examiners of the United States.



2475.2.  As used in this article, "podiatric residency" means a
program of supervised postgraduate clinical training, one year or
more in duration, approved by the board.



2475.3.  (a) The board shall approve podiatric residency programs,
as defined in Section 2475.2, in the field of podiatric medicine, for
persons who are applicants for or have been issued a certificate to
practice podiatric medicine pursuant to this article.
   (b) The board may only approve a podiatric residency that it
determines meets all of the following requirements:
   (1) Reasonably conforms with the Accreditation Council for
Graduate Medical Education's Institutional Requirements of the
Essentials of Accredited Residencies in Graduate Medical Education:
Institutional and Program Requirements.
   (2) Is approved by the Council on Podiatric Medical Education.
   (3) Complies with the requirements of this state.




2476.  Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved college or school of podiatric medicine
from participating in training beyond the scope of podiatric medicine
under the supervision of a physician and surgeon who holds a medical
doctor or doctor of osteopathy degree whenever and wherever
prescribed as part of his or her course of study.



2477.  Nothing in this chapter prohibits the manufacture, the
recommendation, or the sale of either corrective shoes or appliances
for the human feet.


2479.  The division shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine to each applicant
who meets the requirements of this chapter. Every applicant for a
certificate to practice podiatric medicine shall comply with the
provisions of Article 4 (commencing with Section 2080) which are not
specifically applicable to applicants for a physician's and surgeon's
certificate, in addition to the provisions of this article.



2480.  The board shall have full authority to investigate and to
evaluate each applicant applying for a certificate to practice
podiatric medicine and to make a determination of the admission of
the applicant to the examination and the issuance of a certificate in
accordance with the provisions and requirements of this chapter.




2481.  Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall show by an official
transcript or other official evidence submitted directly to the
board by the academic institution that he or she has completed two
years of preprofessional postsecondary education, or its equivalent,
including the subjects of chemistry, biology or other biological
science, and physics or mathematics, before completing the resident
course of professional instruction.



2483.  (a) Each applicant for a certificate to practice podiatric
medicine shall show by an official transcript or other official
evidence satisfactory to the board that is submitted directly to the
board by the academic institution that he or she has successfully
completed a medical curriculum extending over a period of at least
four academic years, or 32 months of actual instruction, in a college
or school of podiatric medicine approved by the board. The total
number of hours of all courses shall consist of a minimum of 4,000
hours.
   The board, by regulation, shall adopt standards for determining
equivalent training authorized by this section.
   (b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
   Alcoholism and other chemical substance detection
   Local anesthesia
   Anatomy, including embryology, histology, and neuroanatomy
   Behavioral science
   Biochemistry
   Biomechanics-foot and ankle
   Child abuse detection
   Dermatology
   Geriatric medicine
   Human sexuality
   Infectious diseases
   Medical ethics
   Neurology
   Orthopedic surgery
   Pathology, microbiology, and immunology
   Pediatrics
   Pharmacology, including materia medica and toxicology
   Physical and laboratory diagnosis
   Physical medicine
   Physiology
   Podiatric medicine
   Podiatric surgery
   Preventive medicine, including nutrition
   Psychiatric problem detection
   Radiology and radiation safety
   Spousal or partner abuse detection
   Therapeutics
   Women's health



2484.  In addition to any other requirements of this chapter, before
a certificate to practice podiatric medicine may be issued, each
applicant shall show by evidence satisfactory to the board, submitted
directly to the board by the sponsoring institution, that he or she
has satisfactorily completed at least two years of postgraduate
podiatric medical and podiatric surgical training in a general acute
care hospital approved by the Council of Podiatric Medical Education.



2486.  The Medical Board of California shall issue, upon the
recommendation of the board, a certificate to practice podiatric
medicine if the applicant has submitted directly to the board from
the credentialing organizations verification that he or she meets all
of the following requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
   (b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
   (d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.


2488.  Notwithstanding any other provision of law, the Medical Board
of California shall issue, upon the recommendation of the board, a
certificate to practice podiatric medicine by credentialing if the
applicant has submitted directly to the board from the credentialing
organizations verification that he or she is licensed as a doctor of
podiatric medicine in any other state and meets all of the following
requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine.
   (b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or a written
examination that is recognized by the board to be the equivalent in
content to the examination administered by the National Board of
Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed a postgraduate
training program approved by the Council on Podiatric Medical
Education.
   (d) The applicant, within the past 10 years, has passed any oral
and practical examination that may be required of all applicants by
the board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.



2492.  (a) The board shall examine every applicant for a certificate
to practice podiatric medicine to ensure a minimum of entry-level
competence at the time and place designated by the board in its
discretion, but at least twice a year.
   (b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
   (c) The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this article, who shall
be designated as examination commissioners. The board may fix the
compensation of those persons subject to the provisions of applicable
state laws and regulations.
   (d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board except where
those provisions are in conflict with or inconsistent with the
provisions of this article. In respect to applicants under this
article any references to the "Division of Licensing" or "division"
shall be deemed to apply to the board.


2493.  (a) An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 2483 in order to ensure a minimum of entry-level competence.
   (b) The board shall require a passing score on the National Board
of Podiatric Medical Examiners Part III examination that is
consistent with the postgraduate training requirement in Section
2484. The board, as of July 1, 2005, shall require a passing score
one standard error of measurement higher than the national passing
scale score until such time as the National Board of Podiatric
Medical Examiners recommends a higher passing score consistent with
Section 2484. In consultation with the Office of Professional
Examination Services of the Department of Consumer Affairs, the board
shall ensure that the part III examination adequately evaluates the
full scope of practice established by Section 2472, including
amputation and other foot and ankle surgical procedures, pursuant to
Section 139.



2495.  Notwithstanding any other provision of this chapter, the
board may delegate to officials of the board the authority to approve
the admission of applicants to the examination and to approve the
issuance of certificates to practice podiatric medicine to applicants
who have met the specific requirements therefor in routine cases
where applicants clearly meet the requirements of this chapter.



2496.  In order to ensure the continuing competence of persons
licensed to practice podiatric medicine, the board shall adopt and
administer regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code) requiring continuing
education of those licensees. The board shall require those
licensees to demonstrate satisfaction of the continuing education
requirements and one of the following requirements at each license
renewal:
   (a) Passage of an examination administered by the board within the
past 10 years.
   (b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
   (c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
   (d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
   (e) Successful completion of an approved residency or fellowship
program within the past 10 years.
   (f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California.
   (g) Successful completion within the past five years of an
extended course of study approved by the board.
   (h) Passage within the past 10 years of Part III of the
examination administered by the National Board of Podiatric Medical
Examiners.


2497.  (a) The board may order the denial of an application for, or
the suspension of, or the revocation of, or the imposition of
probationary conditions upon, a certificate to practice podiatric
medicine for any of the causes set forth in Article 12 (commencing
with Section 2220) in accordance with Section 2222.
   (b) The board may hear all matters, including but not limited to,
any contested case or may assign any such matters to an
administrative law judge. The proceedings shall be held in accordance
with Section 2230. If a contested case is heard by the board itself,
the administrative law judge who presided at the hearing shall be
present during the board's consideration of the case and shall assist
and advise the board.



2497.5.  (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed the
actual and reasonable costs of the investigation and prosecution of
the case.
   (b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
   (c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment by bringing an action in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
   (d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
   (e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licensee who has failed to pay
all of the costs ordered under this section.
   (2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse
the board within that one year period for those unpaid costs.
   (f) All costs recovered under this section shall be deposited in
the Board of Podiatric Medicine Fund as a reimbursement in either the
fiscal year in which the costs are actually recovered or the
previous fiscal year, as the board may direct.



2498.  (a) The board shall have the responsibility for reviewing the
quality of podiatric medical practice carried out by persons
licensed to practice podiatric medicine.
   (b) Each member of the board, or any licensed doctor of podiatric
medicine appointed by the board, shall additionally have the
authority to inspect, or require reports from, a general or
specialized hospital and the podiatric medical staff thereof, with
respect to the podiatric medical care, services, or facilities
provided therein, and may inspect podiatric medical patient records
with respect to the care, services, or facilities. The authority to
make inspections and to require reports as provided by this section
shall not be delegated by a member of the board to any person other
than a doctor of podiatric medicine and shall be subject to the
restrictions against disclosure described in Section 2263.




2499.  There is in the State Treasury the Board of Podiatric
Medicine Fund. Notwithstanding Section 2445, the division shall
report to the Controller at the beginning of each calendar month for
the month preceding the amount and source of all revenue received by
it on behalf of the board, pursuant to this chapter, and shall pay
the entire amount thereof to the Treasurer for deposit into the fund.
All revenue received by the board and the division from fees
authorized to be charged relating to the practice of podiatric
medicine shall be deposited in the fund as provided in this section,
and shall be used to carry out the provisions of this chapter
relating to the regulation of the practice of podiatric medicine.




2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6. Fees collected pursuant to this section shall be fixed by the
board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed. If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or if
the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant. The board may charge
an examination fee for any subsequent reexamination of the applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be nine hundred dollars ($900).
Any licensee enrolled in an approved residency program shall be
required to pay only 50 percent of the biennial renewal fee at the
time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a resident's license under Section 2475.
   (k) The application fee for ankle certification under Section 2472
for persons licensed prior to January 1, 1984, shall be fifty
dollars ($50). The examination and reexamination fee for this
certification shall be seven hundred dollars ($700).
   (l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).



2499.6.  The fees in this article shall be fixed by the board in
accordance with Section 313.1.



2499.8.  Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice podiatric medicine due to
a disability may request a waiver of the license renewal fee. The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time. Waivers shall be based on the inability of
a licensee to practice podiatric medicine. A licensee whose renewal
fee has been waived pursuant to this section shall not engage in the
practice of podiatric medicine unless and until the licensee pays the
current renewal fee and does either of the following:
   (a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that the
licensee's disability either no longer exists or does not affect his
or her ability to practice podiatric medicine safely.
   (b) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the licensee agrees to limit his
or her practice in the manner prescribed by the reviewing physician.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 2460-2499.8

BUSINESS AND PROFESSIONS CODE
SECTION 2460-2499.8



2460.  (a) There is created within the jurisdiction of the Medical
Board of California the California Board of Podiatric Medicine.
    (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. The repeal of this section renders the California Board of
Podiatric Medicine subject to the review required by Division 1.2
(commencing with Section 473).



2460.1.  Protection of the public shall be the highest priority for
the California Board of Podiatric Medicine in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.




2461.  As used in this article:
   (a) "Division" means the Division of Licensing of the Medical
Board of California.
   (b) "Board" means the California Board of Podiatric Medicine.
   (c) "Podiatric licensing authority" refers to any officer, board,
commission, committee, or department of another state that may issue
a license to practice podiatric medicine.



2462.  The board shall consist of seven members, three of whom shall
be public members. Not more than one member of the board shall be a
full-time faculty member of a college or school of podiatric
medicine.
   The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member. The Senate Rules Committee and
the Speaker of the Assembly shall each appoint a public member.




2463.  Each member of the board, except the public members, shall be
appointed from persons having all of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Be a graduate of a recognized school or college of podiatric
medicine.
   (c) Have a valid certificate to practice podiatric medicine in
this state.
   (d) Have engaged in the practice of podiatric medicine in this
state for at least five years next preceding his or her appointment.



2464.  The public members shall be appointed from persons having all
of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Shall not be an officer or faculty member of any college,
school, or other institution engaged in podiatric medical
instruction.
   (c) Shall not be a licentiate of the board or of any board under
this division or of any board created by an initiative act under this
division.



2465.  No person who directly or indirectly owns any interest in any
college, school, or other institution engaged in podiatric medical
instruction shall be appointed to the board or shall any incumbent
member of the board have or acquire any interest, direct or indirect,
in any such college, school, or institution.


2466.  All members of the board shall be appointed for terms of four
years. Vacancies shall immediately be filled by the appointing power
for the unexpired portion of the terms in which they occur. No
person shall serve as a member of the board for more than two
consecutive terms.



2467.  (a) The board may convene from time to time as it deems
necessary.
   (b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
   (c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
   (d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board. The president may
call meetings of the board and any duly appointed committee at a
specified time and place.



2468.  Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).


2469.  Each member of the board shall receive per diem and expenses
as provided in Section 2016.



2470.  The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, regulations
necessary to enable the board to carry into effect the provisions of
law relating to the practice of podiatric medicine.




2471.  Except as provided by Section 159.5, the board may employ,
within the limits of the funds received by the board, all personnel
necessary to carry out this chapter.



2472.  (a) The certificate to practice podiatric medicine authorizes
the holder to practice podiatric medicine.
   (b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
   (c) A doctor of podiatric medicine may not administer an
anesthetic other than local. If an anesthetic other than local is
required for any procedure, the anesthetic shall be administered by
another licensed health care practitioner who is authorized to
administer the required anesthetic within the scope of his or her
practice.
   (d) (1) A doctor of podiatric medicine who is ankle certified by
the board on and after January 1, 1984, may do the following:
   (A) Perform surgical treatment of the ankle and tendons at the
level of the ankle pursuant to subdivision (e).
   (B) Perform services under the direct supervision of a physician
and surgeon, as an assistant at surgery, in surgical procedures that
are otherwise beyond the scope of practice of a doctor of podiatric
medicine.
   (C) Perform a partial amputation of the foot no further proximal
than the Chopart's joint.
   (2) Nothing in this subdivision shall be construed to permit a
doctor of podiatric medicine to function as a primary surgeon for any
procedure beyond his or her scope of practice.
   (e) A doctor of podiatric medicine may perform surgical treatment
of the ankle and tendons at the level of the ankle only in the
following locations:
   (1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
   (2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1) and meets all the protocols of the surgical clinic.
   (3) An ambulatory surgical center that is certified to participate
in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1) and meets all the protocols of the surgical center.
   (4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1). For purposes of this section, a "freestanding physical plant"
means any building that is not physically attached to a building
where inpatient services are provided.
   (5) An outpatient setting accredited pursuant to subdivision (g)
of Section 1248.1 of the Health and Safety Code.
   (f) A doctor of podiatric medicine shall not perform an admitting
history and physical examination of a patient in an acute care
hospital where doing so would violate the regulations governing the
Medicare program.
   (g) A doctor of podiatric medicine licensed under this chapter is
a licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.



2474.  Any person who uses in any sign or in any advertisement or
otherwise, the word or words "doctor of podiatric medicine," "doctor
of podiatry," "podiatric doctor," "D.P.M.," "podiatrist," "foot
specialist," or any other term or terms or any letters indicating or
implying that he or she is a doctor of podiatric medicine, or that he
or she practices podiatric medicine, or holds himself out as
practicing podiatric medicine or foot correction as defined in
Section 2472, without having at the time of so doing a valid,
unrevoked, and unsuspended certificate as provided for in this
chapter, is guilty of a misdemeanor.



2475.  Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the division. However, a graduate of an
approved college or school of podiatric medicine upon whom the
degree doctor of podiatric medicine has been conferred, who is issued
a resident's license, which may be renewed annually for up to four
years for this purpose by the division upon recommendation of the
board, and who is enrolled in a postgraduate training program
approved by the board, may engage in the practice of podiatric
medicine whenever and wherever required as a part of that program and
may receive compensation for that practice under the following
conditions:
   (a) A graduate with a resident's license in an approved
internship, residency, or fellowship program may participate in
training rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice. If the graduate fails to receive a license to practice
podiatric medicine under this chapter within three years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
   (b)  Hospitals functioning as a part of the teaching program of an
approved college or school of podiatric medicine in this state may
exchange instructors or resident or assistant resident doctors of
podiatric medicine with another approved college or school of
podiatric medicine not located in this state, or those hospitals may
appoint a graduate of an approved school as such a resident for
purposes of postgraduate training. Those instructors and residents
may practice and be compensated as provided in this section, but that
practice and compensation shall be for a period not to exceed two
years.


2475.1.  Before a resident's license may be issued, each applicant
shall show by evidence satisfactory to the board, submitted directly
to the board by the national score reporting institution, that he or
she has, within the past 10 years, passed Parts I and II of the
examination administered by the National Board of Podiatric Medical
Examiners of the United States or has passed a written examination
that is recognized by the board to be the equivalent in content to
the examination administered by the National Board of Podiatric
Medical Examiners of the United States.



2475.2.  As used in this article, "podiatric residency" means a
program of supervised postgraduate clinical training, one year or
more in duration, approved by the board.



2475.3.  (a) The board shall approve podiatric residency programs,
as defined in Section 2475.2, in the field of podiatric medicine, for
persons who are applicants for or have been issued a certificate to
practice podiatric medicine pursuant to this article.
   (b) The board may only approve a podiatric residency that it
determines meets all of the following requirements:
   (1) Reasonably conforms with the Accreditation Council for
Graduate Medical Education's Institutional Requirements of the
Essentials of Accredited Residencies in Graduate Medical Education:
Institutional and Program Requirements.
   (2) Is approved by the Council on Podiatric Medical Education.
   (3) Complies with the requirements of this state.




2476.  Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved college or school of podiatric medicine
from participating in training beyond the scope of podiatric medicine
under the supervision of a physician and surgeon who holds a medical
doctor or doctor of osteopathy degree whenever and wherever
prescribed as part of his or her course of study.



2477.  Nothing in this chapter prohibits the manufacture, the
recommendation, or the sale of either corrective shoes or appliances
for the human feet.


2479.  The division shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine to each applicant
who meets the requirements of this chapter. Every applicant for a
certificate to practice podiatric medicine shall comply with the
provisions of Article 4 (commencing with Section 2080) which are not
specifically applicable to applicants for a physician's and surgeon's
certificate, in addition to the provisions of this article.



2480.  The board shall have full authority to investigate and to
evaluate each applicant applying for a certificate to practice
podiatric medicine and to make a determination of the admission of
the applicant to the examination and the issuance of a certificate in
accordance with the provisions and requirements of this chapter.




2481.  Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall show by an official
transcript or other official evidence submitted directly to the
board by the academic institution that he or she has completed two
years of preprofessional postsecondary education, or its equivalent,
including the subjects of chemistry, biology or other biological
science, and physics or mathematics, before completing the resident
course of professional instruction.



2483.  (a) Each applicant for a certificate to practice podiatric
medicine shall show by an official transcript or other official
evidence satisfactory to the board that is submitted directly to the
board by the academic institution that he or she has successfully
completed a medical curriculum extending over a period of at least
four academic years, or 32 months of actual instruction, in a college
or school of podiatric medicine approved by the board. The total
number of hours of all courses shall consist of a minimum of 4,000
hours.
   The board, by regulation, shall adopt standards for determining
equivalent training authorized by this section.
   (b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
   Alcoholism and other chemical substance detection
   Local anesthesia
   Anatomy, including embryology, histology, and neuroanatomy
   Behavioral science
   Biochemistry
   Biomechanics-foot and ankle
   Child abuse detection
   Dermatology
   Geriatric medicine
   Human sexuality
   Infectious diseases
   Medical ethics
   Neurology
   Orthopedic surgery
   Pathology, microbiology, and immunology
   Pediatrics
   Pharmacology, including materia medica and toxicology
   Physical and laboratory diagnosis
   Physical medicine
   Physiology
   Podiatric medicine
   Podiatric surgery
   Preventive medicine, including nutrition
   Psychiatric problem detection
   Radiology and radiation safety
   Spousal or partner abuse detection
   Therapeutics
   Women's health



2484.  In addition to any other requirements of this chapter, before
a certificate to practice podiatric medicine may be issued, each
applicant shall show by evidence satisfactory to the board, submitted
directly to the board by the sponsoring institution, that he or she
has satisfactorily completed at least two years of postgraduate
podiatric medical and podiatric surgical training in a general acute
care hospital approved by the Council of Podiatric Medical Education.



2486.  The Medical Board of California shall issue, upon the
recommendation of the board, a certificate to practice podiatric
medicine if the applicant has submitted directly to the board from
the credentialing organizations verification that he or she meets all
of the following requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
   (b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
   (d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.


2488.  Notwithstanding any other provision of law, the Medical Board
of California shall issue, upon the recommendation of the board, a
certificate to practice podiatric medicine by credentialing if the
applicant has submitted directly to the board from the credentialing
organizations verification that he or she is licensed as a doctor of
podiatric medicine in any other state and meets all of the following
requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine.
   (b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or a written
examination that is recognized by the board to be the equivalent in
content to the examination administered by the National Board of
Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed a postgraduate
training program approved by the Council on Podiatric Medical
Education.
   (d) The applicant, within the past 10 years, has passed any oral
and practical examination that may be required of all applicants by
the board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.



2492.  (a) The board shall examine every applicant for a certificate
to practice podiatric medicine to ensure a minimum of entry-level
competence at the time and place designated by the board in its
discretion, but at least twice a year.
   (b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
   (c) The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this article, who shall
be designated as examination commissioners. The board may fix the
compensation of those persons subject to the provisions of applicable
state laws and regulations.
   (d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board except where
those provisions are in conflict with or inconsistent with the
provisions of this article. In respect to applicants under this
article any references to the "Division of Licensing" or "division"
shall be deemed to apply to the board.


2493.  (a) An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 2483 in order to ensure a minimum of entry-level competence.
   (b) The board shall require a passing score on the National Board
of Podiatric Medical Examiners Part III examination that is
consistent with the postgraduate training requirement in Section
2484. The board, as of July 1, 2005, shall require a passing score
one standard error of measurement higher than the national passing
scale score until such time as the National Board of Podiatric
Medical Examiners recommends a higher passing score consistent with
Section 2484. In consultation with the Office of Professional
Examination Services of the Department of Consumer Affairs, the board
shall ensure that the part III examination adequately evaluates the
full scope of practice established by Section 2472, including
amputation and other foot and ankle surgical procedures, pursuant to
Section 139.



2495.  Notwithstanding any other provision of this chapter, the
board may delegate to officials of the board the authority to approve
the admission of applicants to the examination and to approve the
issuance of certificates to practice podiatric medicine to applicants
who have met the specific requirements therefor in routine cases
where applicants clearly meet the requirements of this chapter.



2496.  In order to ensure the continuing competence of persons
licensed to practice podiatric medicine, the board shall adopt and
administer regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code) requiring continuing
education of those licensees. The board shall require those
licensees to demonstrate satisfaction of the continuing education
requirements and one of the following requirements at each license
renewal:
   (a) Passage of an examination administered by the board within the
past 10 years.
   (b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
   (c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
   (d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
   (e) Successful completion of an approved residency or fellowship
program within the past 10 years.
   (f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California.
   (g) Successful completion within the past five years of an
extended course of study approved by the board.
   (h) Passage within the past 10 years of Part III of the
examination administered by the National Board of Podiatric Medical
Examiners.


2497.  (a) The board may order the denial of an application for, or
the suspension of, or the revocation of, or the imposition of
probationary conditions upon, a certificate to practice podiatric
medicine for any of the causes set forth in Article 12 (commencing
with Section 2220) in accordance with Section 2222.
   (b) The board may hear all matters, including but not limited to,
any contested case or may assign any such matters to an
administrative law judge. The proceedings shall be held in accordance
with Section 2230. If a contested case is heard by the board itself,
the administrative law judge who presided at the hearing shall be
present during the board's consideration of the case and shall assist
and advise the board.



2497.5.  (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed the
actual and reasonable costs of the investigation and prosecution of
the case.
   (b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
   (c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment by bringing an action in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
   (d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
   (e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licensee who has failed to pay
all of the costs ordered under this section.
   (2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse
the board within that one year period for those unpaid costs.
   (f) All costs recovered under this section shall be deposited in
the Board of Podiatric Medicine Fund as a reimbursement in either the
fiscal year in which the costs are actually recovered or the
previous fiscal year, as the board may direct.



2498.  (a) The board shall have the responsibility for reviewing the
quality of podiatric medical practice carried out by persons
licensed to practice podiatric medicine.
   (b) Each member of the board, or any licensed doctor of podiatric
medicine appointed by the board, shall additionally have the
authority to inspect, or require reports from, a general or
specialized hospital and the podiatric medical staff thereof, with
respect to the podiatric medical care, services, or facilities
provided therein, and may inspect podiatric medical patient records
with respect to the care, services, or facilities. The authority to
make inspections and to require reports as provided by this section
shall not be delegated by a member of the board to any person other
than a doctor of podiatric medicine and shall be subject to the
restrictions against disclosure described in Section 2263.




2499.  There is in the State Treasury the Board of Podiatric
Medicine Fund. Notwithstanding Section 2445, the division shall
report to the Controller at the beginning of each calendar month for
the month preceding the amount and source of all revenue received by
it on behalf of the board, pursuant to this chapter, and shall pay
the entire amount thereof to the Treasurer for deposit into the fund.
All revenue received by the board and the division from fees
authorized to be charged relating to the practice of podiatric
medicine shall be deposited in the fund as provided in this section,
and shall be used to carry out the provisions of this chapter
relating to the regulation of the practice of podiatric medicine.




2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6. Fees collected pursuant to this section shall be fixed by the
board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed. If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or if
the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant. The board may charge
an examination fee for any subsequent reexamination of the applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be nine hundred dollars ($900).
Any licensee enrolled in an approved residency program shall be
required to pay only 50 percent of the biennial renewal fee at the
time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a resident's license under Section 2475.
   (k) The application fee for ankle certification under Section 2472
for persons licensed prior to January 1, 1984, shall be fifty
dollars ($50). The examination and reexamination fee for this
certification shall be seven hundred dollars ($700).
   (l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).



2499.6.  The fees in this article shall be fixed by the board in
accordance with Section 313.1.



2499.8.  Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice podiatric medicine due to
a disability may request a waiver of the license renewal fee. The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time. Waivers shall be based on the inability of
a licensee to practice podiatric medicine. A licensee whose renewal
fee has been waived pursuant to this section shall not engage in the
practice of podiatric medicine unless and until the licensee pays the
current renewal fee and does either of the following:
   (a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that the
licensee's disability either no longer exists or does not affect his
or her ability to practice podiatric medicine safely.
   (b) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the licensee agrees to limit his
or her practice in the manner prescribed by the reviewing physician.