Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
218A.205,
311.420,
311.480
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
311.420 requires all persons engaging in the
practice of podiatry in Kentucky to be licensed by the Board of Podiatry.
KRS
311.420 provides that each applicant shall
submit to an examination conducted by the board.
KRS
218A.202(2) requires
licensees that prescribe controlled substances to be registered with the
Kentucky All-Schedule Prescription Electronic Reporting System (KASPER).
KRS
218A.205 requires the board to place
restrictions on licensees and applicants that have specific convictions or
restrictions related to prescribing or dispensing controlled substances. This
administrative regulation establishes the procedures to be followed in
obtaining an application, the fees to be charged, and the procedures relating
to the examination and issuance of a license to practice podiatry in this
state.
Section 1.
(1) The board approves the following schools
or colleges of podiatry as having standards and requirements adequate to
satisfy the educational requirement for taking the podiatry examination for
licensure:
(a) Barry University School of
Podiatric Medicine, Miami Shores, Florida;
(b) California School of Podiatric Medicine
at Samuel Merritt University, Oakland, California;
(c) Des Moines University College of
Podiatric Medicine and Surgery, Des Moines, Iowa;
(d) Kent State University College of
Podiatric Medicine, Independence, Ohio;
(e) Midwestern University Arizona School of
Podiatric Medicine, Glendale, Arizona;
(f) New York College of Podiatric Medicine,
New York, New York;
(g) Dr. William
M. Scholl College of Podiatric Medicine at the Rosalind Franklin University of
Medicine and Science, Chicago, Illinois;
(h) Temple University School of Podiatric
Medicine, Philadelphia, Pennsylvania; and
(i) Western University of Health Sciences
College of Podiatric Medicine, Pomona, California.
(2) All other schools or colleges of podiatry
shall have academic standards and requirements equivalent to the schools or
colleges listed above as evaluated by the board in order to be approved by the
board. Evaluation of the academic standards and requirements shall be made by
the board after an applicant has filed an Application for Podiatry License with
the board.
Section 2.
(1) Every applicant, otherwise eligible to
take the examination pursuant to the provisions of
KRS
311.420, shall file a completed and notarized
Application for Podiatry License with the board at its principal office at
least forty (40) days prior to the date of the examination in order to be
eligible to take the examination.
(2) The president of the board may permit a
partially completed application to be filed if good cause is shown by the
applicant. For the purposes of this subsection, good cause includes situations
such as an applicant applying late, having to retake the board examination, or
waiting for pending board examination results.
(3) The fee for the examination or
reexamination shall be $300 and shall be paid when the Application for Podiatry
License is filed with the board. The fee shall be made payable to the Kentucky
State Treasurer in United States currency by certified check, cashier's check,
or postal money order and shall not be refundable.
(4) Any applicant who fails to attain a
passing score as required by the board may apply to the board for
reexamination.
(5) The applicant
along with the application shall:
(a) Have
three (3) letters of recommendation sent to the board verifying good moral
character and not addicted to alcohol or drugs;
(b) Have verification of licensure sent
directly from the state or states from which the applicant has or has ever held
a license;
(c) Attach a dated photo
taken within the past six (6) months;
(d) Have schools, colleges, or institutions
send official transcripts directly to the board; and
(e) Have the Federal Bureau of Investigation
background check results sent directly to the board.
Section 3. Prior to approval for
licensure, an applicant shall:
(1) Submit to a
nation-wide criminal background investigation by means of fingerprint check by
the Department of Kentucky State Police and the Federal Bureau of
Investigation;
(2) Submit to a
query to the National Practitioner Data Bank of the United States Department of
Health and Human Services; and
(3)
Report to the board, with the Application for Podiatry License, any conviction
or disciplinary action on a license held by the applicant relating to
prescribing or dispensing controlled substances.
Section 4.
(1) Pursuant to
KRS
218A.205(3)(f), an applicant
for licensure by the board:
(a) Convicted
after July 20, 2012 of any felony offense relating to controlled substances
shall be permanently banned from prescribing or dispensing a controlled
substance by the board;
(b)
Convicted after July 20, 2012 of any misdemeanor offense relating to
prescribing or dispensing a controlled substance shall have his or her
authority to prescribe controlled substances suspended for at least three (3)
months, and shall be further restricted as determined by the board;
or
(c) Who has had any disciplinary
limitation placed on an application or license by a licensing board of another
state that resulted from improper, inappropriate, or illegal prescribing or
dispensing of controlled substances shall be subject to a restriction on the
license that is at least as restrictive in time and scope as that placed on the
license by the licensing board of the other state.
(2) In addition to the actions listed in
subsection (1) of this section, the board may take any other action provided
for in
KRS
311.480 against a licensee or applicant that
comes under the provisions of that subsection.
Section 5. Requirements for a person issued a
license by the board.
(1) A person who has
been approved for a license from the board shall register with the Kentucky
All-Schedule Prescription Electronic Reporting System (KASPER) administered by
the Cabinet for Health and Family Services after issuance of the license and
immediately submit proof of the registration to the board.
(2) A person who has received a license from
the board shall not prescribe any controlled substance before he or she is
registered with KASPER.
(3)
(a) The board shall temporarily suspend a
license pursuant to
201
KAR 25:051, Section 5, if a licensee:
1. Fails to register with KASPER after the
approval for licensure by the board; or
2. Prescribes a controlled substance prior to
registration with KASPER.
(b) In addition to the temporary suspension,
the board may take additional disciplinary action against a license pursuant to
KRS
311.480.
Section 6. Incorporation by Reference.
(1) "Application for Podiatry License",
September 2020, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Podiatry, Department of Professional Licensing, 500 Mero Street, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
218A.202(2),
311.420(4)