(1) Any person who practices or offers or attempts to practice podiatry within this state without an active license issued under this article 290 is subject to penalties pursuant to section 12-20-407 (1)(a).
(2) Any person who presents as the person's own the diploma, license, certificate, or credentials of another, gives either false or forged evidence of any kind to the board, or any member thereof, in connection with an application for a license to practice podiatry, practices podiatry under a false or assumed name, or falsely impersonates another licensee of a like or different name commits a class 6 felony and shall be punished as provided in section 18-1.3-401.
(3) A person shall not advertise in any form or hold himself or herself out to the public as a podiatrist, or, in any sign or any advertisement, use the word podiatrist, foot specialist, foot correctionist, foot expert, practipedist, podologist, or any other terms or letters indicating or implying that the person is a podiatrist or that the person practices or holds himself or herself out as practicing podiatry or foot correction in any manner, without having, at the time of so doing, a valid, unsuspended, and unrevoked license as required by this article 290.
(4) No podiatrist shall willfully cause the public to believe that the podiatrist has qualifications extending beyond the limits of this article 290, and no podiatrist shall willfully sign the podiatrist's name using the prefix Doctor or Dr. without following the podiatrist's name with podiatrist, Doctor of Podiatric Medicine, or D.P.M. No podiatrist shall use the title podiatric physician unless the title is followed by the words practice limited to treatment of the foot and ankle.
(5) The conduct of the practice of podiatry in a corporate capacity is hereby prohibited, but the prohibition shall not be construed to prevent the practice of podiatry by a professional service corporation whose stockholders are restricted solely to licensed podiatrists. A professional service corporation may exercise the powers and shall be subject to the limitations and requirements, insofar as applicable, as are provided in section 12-290-118, relating to professional service corporations for the practice of podiatry.
(6) The provisions of this article 290 shall not:
(a) Apply to any physician licensed to practice medicine or surgery, any regularly commissioned surgeon of the United States armed forces or United States public health service, or any licensed osteopath;
(b) Be construed to prohibit the recommending, advertising, fitting, adjusting, or sale of corrective shoes, arch supports, or similar mechanical appliances and foot remedies by retail dealers and manufacturers;
(c) Be construed to prohibit, or to require a license for, the rendering of services under the personal and responsible direction and supervision of a person licensed to practice podiatry, and this exemption shall not apply to persons otherwise qualified to practice podiatry but not licensed to practice in this state; or
(d) Be construed to prohibit, or to require a license for, the rendering of nursing services by registered or other nurses in the lawful discharge of their duties pursuant to part 1 of article 255 of this title 12.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1561, � 1, effective October 1. L. 2020: (6)(d) amended, (HB 20-1183), ch. 157, p. 699, � 48, effective July 1.
Editor's note: This section is similar to former � 12-32-109 as it existed prior to 2019.
12-290-117. Use of physician assistants - collaboration requirements - rules. (1) A physician assistant licensed pursuant to article 240 of this title 12 may perform acts that constitute the practice of podiatry to the extent and in the manner authorized by rules promulgated by the board. The acts shall be consistent with sound practices of podiatry. All prescriptions issued by a physician assistant must include the physician assistant's name, the name and address of the health facility, and, if the health facility is a multispecialty organization, the name and address of the specialty clinic within the health facility where the physician assistant is practicing. The dispensing of prescription medication by a physician assistant is subject to section 12-280-120 (6).
(2) Prior to practicing podiatry, a physician assistant must enter into a collaborative agreement with a licensed podiatrist.
(3) The provisions of sections 12-240-107 (6), 12-240-113, and 12-240-114.5 governing physician assistants under the Colorado Medical Practice Act apply to physician assistants under this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1562, � 1, effective October 1. L. 2023: Entire section amended, (SB 23-083), ch. 114, p. 414, � 9, effective August 7.
Editor's note: This section is similar to former � 12-32-109.3 as it existed prior to 2019.
12-290-118. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of podiatry - definitions. (1) Persons licensed to practice podiatry by the board may form professional service corporations for the practice of podiatry under the Colorado Business Corporation Act, articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of professional service corporations shall contain provisions complying with the following requirements:
(a) The name of the corporation shall contain the words professional company or professional corporation or abbreviations thereof.
(b) The corporation shall be organized solely for the purposes of conducting the practice of podiatry only through persons licensed by the board to practice podiatry in the state of Colorado.
(c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose.
(d) All shareholders of the corporation shall be persons licensed by the board to practice podiatry in the state of Colorado, and who at all times own their shares in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of podiatry in the offices of the corporation.
(e) Provisions shall be made requiring any shareholder who ceases to be or for any reason is ineligible to be a shareholder to dispose of all the shareholder's shares immediately, either to the corporation or to any person having the qualifications described in subsection (1)(d) of this section.
(f) The president shall be a shareholder and a director and, to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors and officers shall not exercise any authority whatsoever over professional matters. Notwithstanding sections 7-108-103 to 7-108-106, relating to the terms of office of directors, a professional service corporation for the practice of podiatry may provide in the articles of incorporation or the bylaws that the directors may have terms of office of up to six years and that the directors may be divided into either two or three classes, each class to be as nearly equal in number as possible, with the terms of each class staggered to provide for the periodic, but not annual, election of less than all the directors.
(g) The articles of incorporation shall provide and all shareholders of the corporation shall agree that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods of time when each person licensed by the board to practice podiatry in Colorado who is a shareholder or any employee of the corporation has a professional liability policy insuring the licensee and all employees who are not licensed to practice podiatry who act at the licensee's direction in the amount of fifty thousand dollars for each claim and an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars or the corporation maintains in good standing professional liability insurance, which shall meet the following minimum standards:
(I) The insurance shall insure the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensed by the board to practice podiatry.
(II) The policies shall insure the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees.
(III) The insurance shall be in an amount for each claim of at least fifty thousand dollars multiplied by the number of persons licensed to practice podiatry employed by the corporation. The policy may provide for an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of persons licensed to practice podiatry employed by the corporation, but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate top limit of liability for all claims during the year of nine hundred thousand dollars.
(IV) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof; the conduct of any business enterprise, as distinguished from the practice of podiatry, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or that may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith; when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.
(2) (a) The corporation shall do nothing that, if done by a person licensed to practice podiatry in the state of Colorado employed by it, would violate the standards of professional conduct as provided for in section 12-290-108 (3). Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice podiatry.
(b) The provisions of subsection (5)(b) of this section shall apply to the employment of a podiatrist by a professional service corporation, limited liability company, or registered limited liability partnership formed for the practice of podiatry in accordance with this section regardless of the date of formation of the entity.
(3) Nothing in this section shall be deemed to diminish or change the obligation of each person licensed to practice podiatry employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct provided for in section 12-290-108 (3). Any person licensed by the board to practice podiatry who by act or omission causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, shall be deemed personally responsible for the act or omission and shall be subject to discipline for the act or omission.
(4) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all or part of its employees including lay employees if the plan does not require or result in the sharing of specific or identifiable fees with lay employees, and if any payments made to lay employees, or into any such plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received.
(5) (a) Except as provided in this section, corporations shall not practice podiatry.
(b) Employment of a podiatrist by a certified or licensed hospital, licensed skilled nursing facility, certified home health agency, licensed hospice, certified comprehensive outpatient rehabilitation facility, certified rehabilitation agency, authorized health maintenance organization, accredited educational entity, or other entity wholly owned and operated by any governmental unit or agency shall not be considered the corporate practice of podiatry if:
(I) The relationship created by the employment does not affect the ability of the podiatrist to exercise his or her independent judgment in the practice of the profession;
(II) The podiatrist's independent judgment in the practice of the profession is in fact unaffected by the relationship;
(III) The policies of the entity employing the podiatrist contain a procedure by which complaints by a podiatrist alleging a violation of this subsection (5)(b) may be heard and resolved;
(IV) The podiatrist is not required to exclusively refer any patient to a particular provider or supplier; except that nothing in this subsection (5)(b)(IV) shall invalidate the policy provisions of a contract between a podiatrist and his or her intermediary or the managed care provisions of a health coverage plan; and
(V) The podiatrist is not required to take any other action he or she determines not to be in the patient's best interest.
(c) A podiatrist employed by an entity described in subsection (5)(b) of this section shall be an employee of the entity for purposes of liability for all acts, errors, and omissions of the employee.
(6) As used in this section, unless the context otherwise requires:
(a) Articles of incorporation includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.
(b) Corporation includes a limited liability company organized under the Colorado Limited Liability Company Act, article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002.
(c) Director and officer of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.
(d) Employees includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership.
(e) Share includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership.
(f) Shareholder includes a member of a limited liability company and a partner in a registered limited liability partnership.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1563, � 1, effective October 1.
Editor's note: This section is similar to former � 12-32-109.5 as it existed prior to 2019.
12-290-119. Renewal of license - continuing education - professional development program - rules - renewal questionnaire. (1) (a) The board shall set reasonable continuing education requirements for the renewal of a license, but in no event shall the board require more than fourteen hours' credit of continuing education per year. A podiatrist desiring to renew his or her license to practice podiatry shall submit to the board the information the board believes necessary to show that the podiatrist has fulfilled the board's continuing education requirements and a fee to be determined and collected pursuant to section 12-20-105.
(b) The board shall promulgate rules and implement an ongoing professional development program that shall be developed in conjunction with statewide professional associations that represent podiatrists. The professional development program may include the continuing education requirements in subsection (1)(a) of this section.
(2) (a) The board shall establish a questionnaire to accompany the renewal form. The board shall design the questionnaire to determine if the licensee has acted in violation of, or has been disciplined for actions that might be construed as violations of, this article 290 or that may make the licensee unfit to practice podiatry with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). The failure of an applicant to answer the questionnaire accurately constitutes unprofessional conduct pursuant to section 12-290-108.
(b) On and after July 1, 2024, as a condition of renewal of a license, each podiatrist shall attest that the podiatrist is in compliance with section 12-280-403 (2)(a) and that the podiatrist is aware of the penalties for noncompliance with that section.
(3) No license to practice podiatry that has been delinquent for more than two years shall be renewed unless the applicant demonstrates to the board the applicant's continued professional competence.
(4) Licenses issued pursuant to this article 290 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose license has expired shall be subject to the penalties provided in this article 290 or in section 12-20-202 (1). The board shall establish the criteria for reinstatement of a license.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1567, � 1, effective October 1; (2) amended, (SB 19-079), ch. 86, p. 320, � 25, effective October 1. L. 2022: (2) amended, (HB 22-1115), ch. 397, p. 2826, � 7, effective August 10.
Editor's note: (1) This section is similar to former � 12-32-111 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-079. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.