North Carolina Administrative Code

21 ncac 50 .1408 ADVERTISEMENTS BY COURSE PROVIDERS OR INSTRUCTORS History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. April 1, 2003; Repealed Eff. December 31, 2012.

21 ncac 50 .1409 TERMINATION OF COURSE OR PROVIDER APPROVAL History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. April 1, 2003; Repealed Eff. December 31, 2012.

21 NCAC 50 .1410 PETITIONS FOR REINSTATEMENT OF LICENSE History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Repealed Eff. December 31, 2012.

CHAPTER 52 - BOARD OF PODIATRY EXAMINERS SECTION .0100 - ORGANIZATION OF THE BOARD 21 NCAC 52 .0101 NAME AND PURPOSE (a) The office of the board shall be in Raleigh and the mailing address of the board is 1500 Sunday Drive, Suite 102, Raleigh, North Carolina 27607. (b) The follow…

21 NCAC 52 .0102 MEMBERSHIP History Note: Authority G.S. 90-202.4; Eff. February 1, 1976; Amended Eff. December 1, 1988; Repealed Eff. June 1, 2011.

21 NCAC 52 .0103 ANNUAL MEETING: ELECTION AND OFFICERS History Note: Authority G.S. 90-202.4; Eff. February 1, 1976; Amended Eff. December 1, 1988; Repealed Eff. January 1, 2005.

SECTION .0200 - EXAMINATION AND LICENSING 21 NCAC 52 .0201 APPLICATION (a) Any applicant for a license to practice podiatry shall submit a written application to the executive secretary of the board. Such Application for Examination or Application of Reciprocity shall be made on …

21 NCAC 52 .0202 EXAMINATION (a) The board shall conduct an examination as set out in G.S. 90-202.6. The examination shall be scheduled so as not to conflict with the APMLE. (b) An applicant who has qualified to sit for the examination shall pass written and oral sections on medi…

21 NCAC 52 .0203 TEMPORARY LICENSE History Note: Authority G.S. 90-202.6; Eff. February 1, 1976; Repealed Eff. December 1, 1988.

21 NCAC 52 .0204 RE-EXAMINATION Unsuccessful candidates for licensure may apply to the board for re-examination pursuant to G.S. 90-202.6(c) upon the payment of the three hundred fifty dollar ($350.00) examination fee. No more than two re-examinations shall be allowed any one app…

21 NCAC 52 .0205 PRACTICE-AND-ETHICS training AND EXAMINATION The board may offer to each applicant who has otherwise successfully completed his or her examination on medical and clinical subjects an opportunity pursuant to Rule .0202(c) to attend by personal appearance or verifi…

21 NCAC 52 .0206 LICENSING History Note: Authority G.S. 90-202.6; 90-202.7; Eff. February 1, 1976; Amended Eff. December 1, 1988; Repealed Eff. July 1, 2011.

21 NCAC 52 .0207 ANNUAL RENEWAL OF LICENSE (a) The executive secretary of the board shall mail to the last known address of each license holder each year a form on which to apply for renewal of his or her license. The renewal application shall be pre-populated with information co…

21 NCAC 52 .0208 CONTINUING EDUCATION (a) A requirement for issuance of the annual renewal certificate shall be certification to the Board of proof of compliance with the continuing education provisions of G.S. 202.11. The Board shall notify all podiatrists that 25 hours of conti…

21 NCAC 52 .0209 APPLICANTS LICENSED IN OTHER STATES If an applicant for licensure is already licensed in another state to practice podiatry, the board shall issue a license to practice podiatry in the State of North Carolina only upon evidence that said podiatrist has complied w…

21 NCAC 52 .0210 FEE FOR VALIDATION OF licenseE LISTS; COMPUTER SERVICES (a) In order to validate a podiatrist's authority to receive drug samples pursuant to U.S. federal laws, the Board shall provide computerized lists of its licensees and their licensing status to companies en…

21 NCAC 52 .0211 military LICENSE (a) Restricted Temporary License: The Board shall issue a restricted temporary license to podiatrists practicing in a clinical residency solely on federal military installations within North Carolina if, upon application to the Board, the applica…

21 NCAC 52 .0212 SPECIALTY CREDENTIALING PRIVILEGES (a) The Board shall grant surgical specialty privileges to podiatrists in the areas of amputation, ankle surgery, and club foot correction. (b) Application for such privileges shall be made upon a form provided by the board (ava…

21 NCAC 52 .0213 TEMPORARY LICENSE FOR CLINICAL RESIDENCY/FELLOWSHIP (a) The Board may issue a temporary license to practice podiatry to any podiatrist for licensure in accordance with this Rule while the podiatrist resides in North Carolina and is participating in a podiatric me…

21 NCAC 52 .0214 NOTICE OF UNLICENSED ACTIVITY The Board shall investigate unlicensed activity, including notice of possible violations, and seek injunctive relief pursuant to G.S. 90-202.13. History Note: Authority G.S. 90-202.3; 90-202.4; 90-202.8; 90-202.13; Eff. April 1, 2017

21 NCAC 52 .0215 LICENSE RE-INSTATEMENT (a) A podiatrist whose license renewal has been delinquent for six months following the July 1 deadline of the end of the podiatrist's last renewal period shall re-apply for a new examination. Application shall be made in accordance with th…

SECTION .0300 - PROFESSIONAL CORPORATIONS 21 NCAC 52 .0301 REGISTRATION No podiatrist or group of podiatrists may operate in the State of North Carolina as a professional corporation without first obtaining from the board a certificate of registration as set forth in G.S. 55B-10:…

21 NCAC 52 .0302 ANNUAL RENEWAL Annual renewal of a professional podiatry corporate registration shall be as set forth in G.S. 55B-11: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_55B/GS_55B-11.html. History Note: Authority G.S. 55B-11; 90-202.4(…

21 NCAC 52 .0303 PENALTIES Penalties for non-renewal of a professional podiatry corporation certificate of registration shall be as set forth in G.S. 55B-11: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_55B/GS_55B-11.html. History Note: Authority…

SECTION .0400 - REVOCATION OR SUSPENSION OF LICENSE 21 NCAC 52 .0401 INITIATION OF PROCEEDINGS History Note: Authority G.S. 90-202.8; Eff. February 1, 1976; Repealed Eff. December 1, 1988.

21 NCAC 52 .0402 HEARINGS The board may deny, revoke, or suspend a license in accordance with Article 3A of G.S. 150B. In addition, the board may summarily suspend a license where the public health, safety, or welfare requires emergency action as provided in G.S. 150B-3(c). Histo…

21 NCAC 52 .0403 SERVICE OF NOTICE Any notice required by the rules shall be given personally or by certified mail, return receipt requested, directed to the licensee or applicant at his last known address as shown by the records of the board. If service cannot be accomplished ei…

21 NCAC 52 .0404 PLACE OF HEARINGS A hearing conducted by the board shall be held in the location as provided by G.S. 150B-38(e). History Note: Authority G.S. 90-202.8; 150B-38(e); Eff. February 1, 1976; Amended Eff. December 1, 1988; Readopted Eff. September 1, 2016.

21 NCAC 52 .0408 APPEAL A podiatrist who is aggrieved by a final decision in a contested case may obtain judicial review of the decision of the board as provided by G.S. 150B, Article 4. History Note: Authority G.S. 90-202.8; 150B-43 to 150B-45; Eff. February 1, 1976; Amended Eff…

21 NCAC 52 .0409 COMPLAINTS (a) Any person may file a complaint, pursuant to G.S. 150B, Article 3A, against a licensed podiatrist with the board by completing the online complaint form on the board website, http://www.ncbpe.org or by providing a completed hardcopy complaint form …

section .0600 – general provisions 21 NCAC 52 .0601 APPLICATION FOR EXAMINATION The application for examination shall be used by all applicants who wish to take the examination for licensure. It requires the applicant to furnish the board with information required by Rule .0201 o…

21 NCAC 52 .0610 APPL/EXAM/PODIATRIST LICENSED/OTHER STATES (RECIPROCITY) Any applicant for licensure who is already licensed in another state and wishes to be issued a license pursuant to G.S. 90-202.7 shall comply with the requirements set forth in Rule .0201 of this Chapter an…

21 NCAC 52 .0611 FORMS AND APPLICATIONS (a) The Board shall issue the following items in accordance with applicable state statutes and this Chapter's administrative rules: (1) Certificate of Licensure; (2) Licensure Renewal Card; (3) Temporary License Certificate; and (4) Certifi…

21 NCAC 52 .0612 PAYMENT OF FEES The Board shall accept payment of its fees in the form of cash, money order, check, or credit card. For checks that are returned by the Board's bank for insufficient funds, the payor shall reimburse the Board the fee charged to the Board by the ba…

21 NCAC 52 .0613 FEE Schedule The following fees shall apply: (1) Application for examination (non-refundable) $350.00 (2) Examination (non-refundable) $100.00 (3) Re-Examination $350.00 (4) License certificate $100.00 (5) Annual License Renewal $200.00 (6) License Renewal Late F…

SECTION .0700 - PETITIONS FOR RULES 21 NCAC 52 .0701 PETITION FOR RULEMAKING HEARINGS Any person wishing to submit a petition requesting the board to promulgate, amend, or repeal a rule shall address a petition to the office of the Board of Podiatry Examiners as set forth in Rule…

21 NCAC 52 .0702 CONTENTS OF PETITION FOR RULEMAKING The petition must include the following information: (1) a description of the subject of the petition. For example: "This petition is to hold a rulemaking hearing to amend Rule .0000;" (2) either a draft of the proposed rule or…

21 NCAC 52 .0703 DISPOSITION OF PETITIONS (a) The board shall determine whether the public interest will be served by granting the request. Prior to making this determination, the board may request additional information from the petitioners, it may contact interested persons or …

21 NCAC 52 .0804 NOTICE MAILING LIST (a) Upon a determination to hold a rulemaking proceeding, either in response to a petition or otherwise, the Board shall give notice to all interested parties of the proceedings in accordance with the requirements of G.S. 150B, Article 2A. (b)…

SECTION .1000 - DECLARATORY RULINGS 21 NCAC 52 .1001 SUBJECTS OF DECLARATORY RULINGS Any person substantially affected by a statute administered or rule promulgated by the board may request a declaratory ruling as provided in G.S. 150B-4. History Note: Authority G.S. 150B-4; Eff.…

21 NCAC 52 .1002 SUBMISSION OF REQUEST FOR DECLARATORY RULING All requests for declaratory rulings shall be written and mailed to the Board of Podiatry Examiners, 1500 Sunday Drive, Suite 102, Raleigh, North Carolina 27609, Attention: Executive Secretary. The request shall includ…

21 NCAC 52 .1003 DISPOSITION OF REQUESTS (a) When the board deems it appropriate to issue a declaratory ruling, it shall issue such declaratory ruling within 60 days of receipt of the petition. (b) A declaratory ruling proceeding may consist of written submissions, an oral hearin…

21 NCAC 52 .1004 RECORD OF DECISION A record of all declaratory ruling proceedings shall be maintained in the board office for as long as the ruling is in effect and for five years thereafter. This record shall contain: the petition, all written submissions filed in the request w…

21 NCAC 52 .1005 DEFINITION For purposes of Rule .1004 of this Section, a declaratory ruling shall be deemed to be "in effect" until the statute or rule interpreted by the declaratory ruling is amended or repealed, until the board changes the declaratory ruling prospectively, or …

SECTION .1200 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES 21 NCAC 52 .1201 FAILURE TO APPEAR History Note: Authority G.S. 150B-42 to 150B-45; Eff. February 1, 1976; Repealed Eff. December 1, 1988.

21 NCAC 52 .1202 SIMPLIFICATION OF ISSUES The parties to a contested case may agree in advance to simplify the hearing by decreasing the number of the issues to be contested at the hearing, accepting the validity of certain proposed evidence, accepting the findings in some other …

21 NCAC 52 .1203 SUBPOENAS The board issues subpoenas as provided in G.S. 150B-39. History Note: Authority G.S. 150B-39; Eff. February 1, 1976; Amended Eff. December 1, 1988; Readopted Eff. September 1, 2016.

21 NCAC 52 .1204 FINAL DECISIONS IN ADMINISTRATIVE HEARINGS The board shall make a written final decision or order in all contested cases as provided by G.S. 150B-42. History Note: Authority G.S. 150B-42; Eff. February 1, 1976; Amended Eff. December 1, 1988; Readopted Eff. Septem…

SECTION .1300 - NOMINATIONS FOR PODIATRISTS MEMBERS OF THE BOARD OF PODIATRY EXAMINERS: BOARD OF PODIATRY EXAMINERS CONSTITUTING A BOARD OF PODIATRY ELECTIONS: PROCEDURES FOR HOLDING AN ELECTION 21 NCAC 52 .1301 BOARD OF PODIATRY ELECTIONS The submission of nominees to the Govern…

21 NCAC 52 .1302 PROCEDURES FOR CONDUCTING ELECTIONS The procedures to be followed in the conducting of elections to fill podiatrists' positions on the Board of Podiatry Examiners are as set forth in this Rule: (1) At least 30 days prior to the expiration of the term of a board m…