2460.  There is created within the jurisdiction of the Medical Board
of California and its divisions the California Board of Podiatric
Medicine.
  This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.  The
repeal of this section renders the California Board of Podiatric
Medicine subject to the review required by Division 1.2 (commencing
with Section 473).



2461.  As used in this article:
   (a) "Division" means the Division of Licensing of the Medical
Board of California.
   (b) "Board" means the California Board of Podiatric Medicine.
   (c) "Podiatric licensing authority" refers to any officer, board,
commission, committee, or department of another state that may issue
a license to practice podiatric medicine.



2462.  The board shall consist of seven members, three of whom shall
be public members.  Not more than one member of the board shall be a
full-time faculty member of a college or school of podiatric
medicine.  The Governor shall give consideration to recommendations
of the board after the division has consulted with the board, except
with regard to the public members.
   The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member.  The Senate Rules Committee
and the Speaker of the Assembly shall each appoint a public member.




2463.  Each member of the board, except the public members, shall be
appointed from persons having all of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Be a graduate of a recognized school or college of podiatric
medicine.
   (c) Have a valid certificate to practice podiatric medicine in
this state.
   (d) Have engaged in the practice of podiatric medicine in this
state for at least five years next preceding his or her appointment.



2464.  The public members shall be appointed from persons having all
of the following qualifications:
   (a) Be a citizen of this state for at least five years next
preceding his or her appointment.
   (b) Shall not be an officer or faculty member of any college,
school, or other institution engaged in podiatric medical
instruction.
   (c) Shall not be a licentiate of the board or of any board under
this division or of any board created by an initiative act under this
division.



2465.  No person who directly or indirectly owns any interest in any
college, school, or other institution engaged in podiatric medical
instruction shall be appointed to the board  or shall any incumbent
member of the board have or acquire any interest, direct or indirect,
in any such college, school, or institution.


2466.  All members of the board shall be appointed for terms of four
years.  Vacancies shall immediately be filled by the appointing
power for the unexpired portion of the terms in which they occur.  In
filling vacancies, the Governor shall consider recommendations as
provided in Section 2462.  No person shall serve as a member of the
board for more than two consecutive terms.



2467.  (a) The board may convene from time to time as it deems
necessary.
   (b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
   (c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
   (d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board.  The president may
call meetings of the board and any duly appointed committee at a
specified time and place.



2468.  Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).


2469.  Each member of the board shall receive per diem and expenses
as provided in Section 2016.



2470.  The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, regulations
necessary to enable the board to carry into effect the provisions of
law relating to the practice of podiatric medicine.




2471.  (a) Except as provided by Section 159.5, the board may
employ, within the limits of the funds received by the board, all
personnel necessary to carry out this chapter.
   (b) The board may select and contract with necessary podiatric
medical consultants who are licensed doctors of podiatric medicine to
assist it in its enforcement program on an intermittent basis.  No
person may serve as a consultant for more than a total of  48 months
unless there has been a break following his or her achievement of
that period of service of at least 36 months.  Notwithstanding any
other provision of law, the board may contract with these consultants
on a sole source basis.
   (c) Notwithstanding the limitation on service under subdivision
(a), the board may continue to contract with the consultant who was
responsible for investigating or prosecuting a specific case if the
case is continued past the term of the consultant's contract.
   (d) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any consultant under contract
with the board shall be considered a public employee.
   (e) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.



2472.  (a) The certificate to practice podiatric medicine authorizes
the holder to practice podiatric medicine.
   (b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
   (c) No podiatrist shall do any amputation or administer an
anesthetic other than local.  If an anesthetic other than local is
required for any procedure, the anesthetic shall be administered by
another health care practitioner licensed under this division, who is
authorized to administer the required anesthetic within the scope of
his or her practice.
   (d) Surgical treatment of the ankle and tendons at the level of
the ankle may be performed by a doctor of podiatric medicine who was
certified by the board on and after January 1, 1984.
   (e) Surgical treatment by a podiatrist of the ankle and tendons at
the level of the ankle shall be performed only in the following
locations:
   (1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
   (2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the podiatrist has surgical privileges,
including the privilege to perform surgery on the ankle, in a general
acute care hospital described in subparagraph (1) and meets all the
protocols of the surgical clinic.
   (3) An ambulatory surgical center that is certified to participate
in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the podiatrist has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in subparagraph
(1) and meets all the protocols of the surgical center.
   (4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the podiatrist has surgical
privileges, including the privilege to perform surgery on the ankle,
in a general acute care hospital described in paragraph (1).  For
purposes of this section, a "freestanding physical plant" means any
building that is not physically attached to a building where
inpatient services are provided.
   (f) The amendment of this section made at the 1983-84 Regular
Session of the Legislature is intended to codify existing practice.




2474.  Any person who uses in any sign or in any advertisement or
otherwise, the word or words "podiatrist," "foot specialist," or any
other term or terms or any letters indicating or implying that he or
she is a podiatrist, or that he or she practices podiatric medicine,
or holds himself out as practicing podiatric medicine or foot
correction as defined in Section 2472, without having at the time of
so doing a valid, unrevoked, and unsuspended certificate as provided
for in this chapter, is guilty of a misdemeanor.



2475.  Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the division.  However, a graduate of
an approved college or school of podiatric medicine upon whom the
degree doctor of podiatric medicine has been conferred, who is issued
a limited license, which may be renewed annually for up to four
years for this purpose by the division upon recommendation of the
board, and who is enrolled in a postgraduate training program
approved by the board, may engage in the practice of podiatric
medicine whenever and wherever required as a part of that program
under the following conditions:
   (a) A graduate with a limited license in an approved internship,
residency, or fellowship program may participate in training
rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice.  If the graduate fails to receive a license to practice
podiatric medicine under this chapter within two years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
   (b) Podiatric hospitals functioning as a part of the teaching
program of an approved college or school of podiatric medicine in
this state may exchange instructors or resident or assistant resident
podiatrists with another approved college or school of podiatric
medicine not located in this state, or those hospitals may appoint a
graduate of an approved school as such a resident for purposes of
postgraduate training.  Those instructors and residents may practice
and be compensated as provided in subdivision (a), but that practice
and compensation shall be for a period not to exceed one year.



2475.2.  As used in this article, "podiatric residency" means a
program of supervised postgraduate clinical training, one year or
more in duration, approved by the board.



2475.3.  The board shall approve podiatric residency programs, as
defined in Section 2475.2, in the field of podiatric medicine, for
persons who are applicants for or have been issued a certificate to
the practice of podiatric medicine pursuant to this article.
   On and after January 1, 1998, the board shall approve only those
podiatric residencies at the entry level that are approved by the
Council on Podiatric Medical Education or other organization
designated by the board, provided that the organization requires
entry-level podiatric residencies to include podiatric surgical
training.



2476.  Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved college or school of podiatric medicine
from  participating in training beyond the scope of podiatric
medicine under the supervision of a physician and surgeon who holds a
medical doctor or doctor of osteopathy degree whenever and wherever
prescribed as part of his or her course of study.



2477.  Nothing in this chapter prohibits the manufacture, the
recommendation, or the sale of either corrective shoes or appliances
for the human feet.


2479.  The division shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine to each applicant
who meets the requirements of this chapter.  Every applicant for a
certificate to practice podiatric medicine shall comply with the
provisions of Article 4 (commencing with Section 2080) which are not
specifically applicable to applicants for a physician's and surgeon's
certificate, in addition to the provisions of this article.



2480.  The board shall have full authority to investigate and to
evaluate each applicant applying for a certificate to practice
podiatric medicine and to make a determination of the admission of
the applicant to the examination and the issuance of a certificate in
accordance with the provisions and requirements of this chapter.




2481.  Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall present an official
transcript or other official evidence to the board that he or she
has completed two years of preprofessional postsecondary education,
or its equivalent, including the subjects of chemistry, biology or
other biological science, and physics or mathematics, before
completing the resident course of professional instruction.



2483.  (a) Each applicant for a certificate to practice podiatric
medicine shall show by official transcript or other official evidence
satisfactory to the board that he or she has successfully completed
a medical curriculum extending over a period of at least four
academic years in a college or school of podiatric medicine approved
by the board.  The total number of hours of all courses shall consist
of a minimum of 4,000 hours.
   The board, by regulation, shall adopt standards for determining
equivalent training authorized by this section.
   (b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
   Alcoholism and other chemical substance detection
   Local anesthesia
   Anatomy, including embryology, histology, and neuroanatomy
   Bacteriology
   Behavioral science
   Biochemistry
   Biomechanics-foot and ankle
   Child abuse detection
   Dermatology
   Didactic podiatry
   Geriatric medicine
   Human sexuality
   Pediatrics
   Neurology
   Pathology, microbiology, and immunology
   Pharmacology, including materia medica and toxicology
   Physical and laboratory diagnosis
   Physical medicine
   Physiology
   Podiatric medicine
   Podiatric surgery
   Preventive medicine, including nutrition
   Psychiatric problem detection
   Radiology and radiation safety
   Spousal or partner abuse detection
   Orthopedic surgery
   Therapeutics
   Women's health
   (c) This section shall become operative on January 1, 2000.




2484.  In addition to any other requirements of this chapter, before
a certificate to practice podiatric medicine may be issued, each
applicant shall show by evidence satisfactory to the board that he or
she has satisfactorily completed one year of approved postgraduate
podiatric medical and podiatric surgical training in a general acute
care hospital.



2486.  The division shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine if the applicant
meets all of the following requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
   (b) The applicant, within the past 10 years, has passed all
required parts of the examination administered by the National Board
of Podiatric Medical Examiners of the United States or has passed, a
written examination which is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
   (d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.


2492.  (a) The board shall examine every applicant for a certificate
to practice podiatric medicine at the time and place designated by
the board in its discretion, but at least twice a year.
   (b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
   (c) The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this article, who shall
be designated as examination commissioners.  The board may fix the
compensation of those persons subject to the provisions of applicable
state laws and regulations.
   (d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board except where
those provisions are in conflict with or inconsistent with the
provisions of this article.  In respect to applicants under this
article any references to the "Division of Licensing" or "division"
shall be deemed to apply to the board.



2493.  (a) Applicants for a certificate to practice podiatric
medicine shall pass an examination in the following subjects:
   (1) Anatomy and histology.
   (2) Dermatology.
   (3) Orthopedics and surgery, roentgenologic technique, and
radiation safety.
   (4) Pathology and bacteriology.
   (5) Physiology, chemistry, and public health.
   (6) Podiatry and therapeutics.
   (7) Medical ethics.
   (b) Any applicant for a certificate to practice podiatric medicine
who obtains a score of 75 percent or more in five subjects shall be
reexamined in those subjects only in which he or she failed.



2495.  Notwithstanding any other provision of this chapter, the
board may delegate to officials of the board the authority to approve
the admission of applicants to the examination and to approve the
issuance of certificates to practice podiatric medicine to applicants
who have met the specific requirements therefor in routine cases
where applicants clearly meet the requirements of this chapter.



2496.  In order to insure the continuing competence of persons
licensed to practice podiatric medicine, the board shall adopt and
administer regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code) requiring continuing
education of those licensees.  The board shall require those
licensees to demonstrate satisfaction of the continuing education
requirements and one of the following requirements at each license
renewal:
   (a) Passage of an examination administered by the board within the
past 10 years.
   (b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
   (c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
   (d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
   (e) Successful completion of an approved residency or fellowship
program within the past 10 years.
   (f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California.
   (g) Successful completion of an approved course of study of at
least four weeks' duration at an approved school within the past five
years.


2497.  (a) The board may order the denial of an application for, or
the suspension of, or the revocation of, or the imposition of
probationary conditions upon, a certificate to practice podiatric
medicine for any of the causes set forth in Article 12 (commencing
with Section 2220) in accordance with Section 2222.
   (b) The board may hear all matters, including but not limited to,
any contested case or may assign any such matters to an
administrative law judge. The proceedings shall be held in accordance
with Section 2230.  If a contested case is heard by the board
itself, the administrative law judge who presided at the hearing
shall be present during the board's consideration of the case and
shall assist and advise the board.



2497.5.  (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed the
actual and reasonable costs of the investigation and prosecution of
the case.
   (b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board.  When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
   (c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment by bringing an action in any appropriate court.  This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
   (d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
   (e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license  of any licensee who has failed to pay
all of the costs ordered under this section.
   (2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse
the board within that one year period for those unpaid costs.
   (f) All costs recovered under this section shall be deposited in
the Podiatry Fund as a reimbursement in either the fiscal year in
which the costs are actually recovered or the previous fiscal year,
as the board may direct.



2498.  (a) The board shall have the responsibility for reviewing the
quality of podiatric medical practice carried out by persons
licensed to practice podiatric medicine.
   (b) Each member of the board, or any licensed podiatrist appointed
by the board, shall additionally have the authority to inspect, or
require reports from, a general or specialized hospital and the
podiatric staff thereof, with respect to the podiatric care,
services, or facilities provided therein, and may inspect podiatric
patient records with respect to the care, services, or facilities.
The authority to make inspections and to require reports as provided
by this section shall not be delegated by a member of the board to
any person other than a podiatrist and shall be subject to the
restrictions against disclosure described in Section 2263.



2499.  There is in the State Treasury the Board of Podiatric
Medicine Fund.  Notwithstanding Section 2445, the division shall
report to the Controller at the beginning of each calendar month for
the month preceding the amount and source of all revenue received by
it on behalf of the board, pursuant to this chapter, and shall pay
the entire amount thereof to the Treasurer for deposit into the fund.
  On and after July 1, 1981, all revenue received by the board and
the division from fees authorized to be charged relating to the
practice of podiatric medicine shall be deposited in the fund as
provided in this section, and shall be continuously appropriated to
the board to carry out the provisions of this chapter relating to the
regulation of the practice of podiatric medicine.



2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6.  Fees collected pursuant to this section shall be fixed by
the board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed.  If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant.  If the applicant's credentials are insufficient or
if the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant.  The board may charge
an examination fee for any subsequent reexamination of the
applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee.  The initial license
fee shall be eight hundred dollars ($800).  The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee.  The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be nine hundred dollars ($900).
  This fee shall remain in effect only until January 1, 2004, and as
of that date is reduced to eight hundred dollars ($800), unless a
later enacted statute, that is enacted before January 1, 2004,
deletes or extends that date.  Any licensee enrolled in an approved
residency program shall be required to pay only 50 percent of the
biennial renewal fee at the time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a limited license under Section 2475.
   (k) The application fee for certification under Section 2472 shall
be fifty dollars ($50).  The examination and reexamination fee for
this certification shall be seven hundred dollars ($700).
   (l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).



2499.6.  The fees in this article shall be fixed by the board in
accordance with Section 313.1.



2499.8.  Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice podiatry due to a
disability may request a waiver of the license renewal fee.  The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time.  Waivers shall be based on the inability
of a licensee to practice podiatry.  A licensee whose renewal fee has
been waived pursuant to this section shall not engage in the
practice of podiatry unless and until the licensee pays the current
renewal fee.