State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-202_8

§ 90‑202.8. Revocation of certificate; grounds for; suspension of certificate.

(a)        The North Carolina State Board of Podiatry Examiners, inaccordance with Chapter 150B (Administrative Procedure Act) of the GeneralStatutes, shall have the power and authority to:  (i)  refuse to issue alicense to practice podiatry;  (ii)  refuse to issue a certificate of renewalof a license to practice podiatry;  (iii)  revoke or suspend a license topractice podiatry; and (iv)  invoke such other disciplinary measures, censure,or probative terms against a licensee as it deems fit and proper;

in any instance or instances in which the Board issatisfied that such applicant or licensee:

(1)        Has engaged in any act or acts of fraud, deceit ormisrepresentation in obtaining or attempting to obtain a license or the renewalthereof;

(2)        Is a chronic or persistent user of alcohol intoxicants orhabit‑forming drugs or narcotics to the extent that the same impairs hisability to practice podiatry;

(3)        Has been convicted of any of the criminal provisions of thisArticle or has entered a plea of guilty or nolo contendere to any charge orcharges arising therefrom;

(4)        Has been convicted of or entered a plea of guilty or nolocontendere to any felony charge or to any misdemeanor charge involving moralturpitude;

(5)        Has been convicted of or entered a plea of guilty or nolocontendere to any charge of violation of any state or federal narcotic orbarbiturate law;

(6)        Has engaged in any act or practice violative of any of theprovisions of this Article or violative of any of the rules and regulationspromulgated and adopted by the Board, or has aided, abetted or assisted anyother person or entity in the violation of the same;

(7)        Is mentally, emotionally, or physically unfit to practice podiatryor is afflicted with such a physical or mental disability as to be deemeddangerous to the health and welfare of his patients. An adjudication of mentalincompetency in a court of competent jurisdiction or a determination thereof byother lawful means shall be conclusive proof of unfitness to practice podiatryunless or until such person shall have been subsequently lawfully declared tobe mentally competent;

(8)        Has advertised services in a false, deceptive, or misleadingmanner;

(9)        Has permitted the use of his name, diploma or license byanother person either in the illegal practice of podiatry or in attempting tofraudulently obtain a license to practice podiatry;

(10)      Has engaged in such immoral conduct as to discredit thepodiatry profession;

(11)      Has obtained or collected or attempted to obtain or collectany fee through fraud, misrepresentation, or deceit;

(12)      Has been negligent in the practice of podiatry;

(13)      Is not professionally competent in the practice of podiatry;

(14)      Has practiced any fraud, deceit or misrepresentation upon thepublic or upon any individual in an effort to acquire or retain any patient orpatients;

(15)      Has made fraudulent or misleading statements pertaining tohis skill, knowledge, or method of treatment or practice;

(16)      Has committed any fraudulent or misleading acts in thepractice of podiatry;

(17), (18) Repealed by Session Laws 1981, c. 659, s. 7.

(19)      Has wrongfully or fraudulently or falsely held himself out tobe or represented himself to be qualified as a specialist in any branch ofpodiatry;

(20)      Has persistently maintained, in the practice of podiatry,unsanitary offices, practices, or techniques;

(21)      Is a menace to the public health by reason of having aserious communicable disease;

(22)      Has distributed or caused to be distributed any intoxicant,drug, or narcotic for any other than a lawful purpose; or

(23)      Has engaged in any unprofessional conduct as the same may be,from time to time, defined by the rules and regulations of the Board.

(a1)      The Board shall establish a grievance committee to receivecomplaints concerning a practitioner's business or professional practices. Thecommittee shall consider all complaints and determine whether there is probablecause. After its review, the committee may dismiss any complaint when itappears that probable cause of a violation cannot be established. Complaintswhich are not dismissed shall be referred to the Board.

(b)        If any person engages in or attempts to engage in thepractice of podiatry while his license is suspended, his license to practicepodiatry in the State of North Carolina may be permanently revoked.

(c)        Action of the Board shall be subject to judicial review asprovided by Chapter 150B (Administrative Procedure Act). (1919, c. 78, ss. 12, 13; C.S., s. 6772; 1953, c.1041, ss. 17, 18; 1963, c. 1195, s. 2; 1967, c. 691, s. 45; 1973, c. 1331, s.3; 1975, c. 672, ss. 1, 2; 1981, c. 659, ss. 6‑8; 1987, c. 827, s. 1;1991, c. 636, s. 6; 1997‑456, s. 27.)