(a)  The director upon recommendation from the board shall, after due notice and a hearing in accordance with procedures set forth in this chapter, refuse to grant the original license provided for in this chapter to any podiatrist and/or applicant who is not of good moral character; who does not meet the requirements for licensure set forth in this chapter and regulations established by the board or director; who has violated any law affecting the ability of any podiatrist and/or applicant to practice podiatry; or who has been found guilty in another state of conduct that, if committed in Rhode Island, would constitute unprofessional conduct as defined by the general laws and regulations adopted pursuant to the general laws.

Terms Used In Rhode Island General Laws 5-29-12

  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • unprofessional conduct: as used in this chapter includes, but is not limited to, the following items or any combination of them and may be further defined by regulations established by the board with the approval of the director:

    (1)  Fraudulent or deceptive procuring or use of a license of limited registration;

    (2)  All advertising of podiatry business that is intended or has a tendency to deceive the public;

    (3)  Conviction of a felony, or conviction of a crime arising out of the practice of podiatry;

    (4)  Abandonment of a patient;

    (5)  Dependence upon a controlled substance, habitual drunkenness, or rendering professional services to a patient while the podiatrist or limited registrant is intoxicated or incapacitated by the use of drugs;

    (6)  Promotion by a podiatrist or limited registrant of the sale of drugs, devices, appliances, or goods or services provided for a patient in a manner that exploits the patient for the financial gain of the podiatrist or limited registrant;

    (7)  Immoral conduct of a podiatrist or limited registrant in the practice of podiatry;

    (8)  Willfully making and filing false reports or records in the practice of podiatry;

    (9)  Willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record podiatry/medical or other reports as required by law;

    (10)  Failure to furnish details of a patient's medical record to a succeeding podiatrist or medical facility upon proper request pursuant to this chapter;

    (11)  Solicitation of professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed podiatrist or limited registrant;

    (12)  Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;

    (13)  Agreeing with clinical or bioanalytical laboratories to accept payments from those laboratories for individual tests or test series for patients, or agreeing with podiatry laboratories to accept payment from those laboratories for work referred;

    (14)  Willful misrepresentation in treatment;

    (15)  Practicing podiatry with an unlicensed podiatrist except in accordance with the rules and regulations of the board, or aiding or abetting those unlicensed persons in the practice of podiatry;

    (16)  Gross and willful overcharging for professional services, including filing of false statements for collection of fees for which services are not rendered or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to podiatric care or other benefits;

    (17)  Offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;

    (18)  Professional or mental incompetence;

    (19)  Incompetent, negligent, or willful misconduct in the practice of podiatry that includes the rendering of unnecessary podiatry services and any departure from or the failure to conform to the minimal standards of acceptable and prevailing podiatry practice in his or her area of expertise as is determined by the board. See Rhode Island General Laws 5-29-16

(b)  The director shall serve a copy of the decision or ruling upon any person whose original certificate has been refused.

History of Section.
P.L. 1988, ch. 274, § 2; P.L. 2021, ch. 400, § 6, effective July 13, 2021; P.L. 2021, ch. 401, § 6, effective July 13, 2021.