Arizona Laws 32-854.01. Unprofessional conduct
Unprofessional conduct includes the following conduct, whether it occurs in this state or elsewhere:
Terms Used In Arizona Laws 32-854.01
- Board: means the state board of podiatry examiners. See Arizona Laws 32-801
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a license to practice podiatry. See Arizona Laws 32-801
- Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
- Podiatrist: is synonymous with podiatric physician and surgeon and means a person who, within the limits of this chapter, is registered and licensed to practice podiatry by means of performing full body physical examinations within the profession's scope of practice and diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local. See Arizona Laws 32-801
- Podiatry: is synonymous with chiropody and means diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local. See Arizona Laws 32-801
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
1. Requesting, listing, accepting or receiving any rebate or commission for prescribing or recommending any footwear, drug, medicine, or other article to the licensee’s patients.
2. Prescribing, dispensing or pretending to use, in treating any patient, any secret remedial agent, or manifesting or promoting its use in any way, or guaranteeing or implying to guarantee any treatment, therapy or remedy.
3. Representing that a disease or infirmity can be permanently cured, or that any disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if this is not true.
4. Practicing podiatry under a trade name, under the name of another podiatrist, under any other name than that which appears on the practitioner’s license, or under any title that misrepresents the practice of podiatry.
5. Advertising in a false, deceptive or misleading manner or advertising the quality of podiatric service.
6. Employing a solicitor to obtain business.
7. Fee splitting under any guise whatsoever.
8. Failing to report as required in Section 32-852.01, subsection A.
9. Failing to obtain written informed consent from a patient before the licensee performs any surgical procedure on the patient.
10. Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by any court of competent jurisdiction is conclusive evidence that the licensee committed the crime.
11. Failing or refusing to maintain adequate records on:
(a) A patient who is eighteen years of age or older for at least six years.
(b) A patient who is under eighteen years of age for the later of either:
(i) Three years after the patient’s eighteenth birthday.
(ii) Six years after the last date the patient received medical or health care services from the licensee.
12. Failing or refusing to make a patient’s records available to a physician or another podiatrist within twenty-one days after a request and the receipt of proper authorization.
13. Habitual intemperance in the use of alcohol or habitual substance abuse.
14. Using controlled substances or prescription-only drugs except if provided by a physician for use during a prescribed lawful course of treatment.
15. Prescribing controlled substances to members of the podiatrist’s immediate family.
16. Providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes.
17. Dispensing a schedule II controlled substance that is an opioid, except as provided in Section 32-3248.03.
18. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.
19. Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in treating a disease, injury, ailment or infirmity.
20. Violating any federal or state law applicable to the practice of podiatry.
21. Having the licensee’s license refused, revoked or suspended by any other licensing jurisdiction for inability to safely and skillfully practice podiatry or for unprofessional conduct as defined by that jurisdiction that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this section or any act under section 32-852.
22. Committing any conduct or practice that is or might be harmful or dangerous to the health of a patient.
23. Violating any formal order, probation or stipulation issued by the board pursuant to this chapter.
24. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter.
25. Charging or collecting a clearly excessive fee. In determining the reasonableness of a fee, the fee customarily charged in the locality for similar services shall be considered in light of modifying factors, such as the time required, the complexity of the service and the skill requisite to perform the service properly. This paragraph does not apply if there is a clear written contract for a fixed fee between the podiatrist and the patient that has been entered into before the licensee provides the service.
26. Obtaining a fee by fraud, deceit or misrepresentation.
27. Charging a fee for services not rendered.
28. Failing to dispense drugs and devices in compliance with article 4 of this chapter.