Amended: June 1, 2021

PODIATRIC MEDICINE PRACTICE ACTTITLE 59 O.S., SECTIONS 135.1-160.2
INDEX
135.1.
136.
137.
138.
139.
140.
141.
142.
143.
144.1.
145.
145.1.
146.
147.
148.
149.
149.1
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.l.
159.2.
159.3.
159.4.
159.5.
160.1.
160.2.

Short Title
Definitions
Board of Podiatric Medical Examiners-Membership-Qualifications-TermsRemoval
Application of act
Meetings-Election of Officers-Duties-Quorum
Employees of Board-Prosecutions-Materials and supplies-Bonds--Seal
Powers and duties
Acts Constituting Practice of Podiatric Medicine-Exceptions
Unlawful practices-Penalty
Training license
Renewal of License-Fees-Suspension on Nonpayment-Reinstatement-Records
Continuing Education Requirement for Renewal of License-Exemptions
Repealed by laws 1990
Suspension of Licenses
Revocation of licenses-Grounds
Written Charges to be filed-Notice-Hearing
Medical Marijuana – Guidance – Disciplinary Action
Repealed by laws, 1997
Repealed by laws, 1980
Reciprocity-Fees
Repealed by laws, 1983
Board of Podiatric Medical Examiners' Revolving Fund
Investigations and Hearings-Subpoenas-Records
Annual Report
Repealed by laws, 1985
Restraining Orders and Injunctions
Rules and Regulations Concerning Casts for Individual Shoes
Unlawful Acts
Repealed by laws, 1983
Inapplicability to Manufacture or Sale to Persons Generally
Penalties
Interpretation of Terms
DPM - Meaning1135.1. Short Title
Sections 135.1 through 160.2 of this title shall be known and may be cited as the"Podiatric Medicine Practice Act".
Laws 1983, HB 1182, c. 138, § 1, emerg. eff. July 1, 1983; Amended by Laws 1993, HB 1190, c. 150, § 1, eff.
September 1, 1993.

136.

Definitions

As used in the Podiatric Medicine Practice Act, these words, phrases or terms, unless thecontext otherwise indicates, shall have the following meanings:
1. "Accredited college of podiatric medicine" means a podiatric medicine educational
institution which confers the degree of Doctor of Podiatric Medicine (D.P.M.), or its
equivalent, and meets all of the requirements for accreditation by the Council on PodiatricMedical Education of the American Podiatric Medical Association, Inc.;
2. "Board" means the Board of Podiatric Medical Examiners;
3. "Oklahoma Podiatric Medical Association" means the Oklahoma Podiatric Medical
Association, Inc., a nonprofit corporation organized and existing under the laws of thisstate for the association of podiatric physicians and for the advancement of the professionof podiatric medicine; and4. "Podiatric physician", "doctor of podiatric medicine" and "podiatrist" are synonymousand mean a person duly licensed pursuant to the laws of this state to practice podiatric
medicine.
5. "Code of Ethics" means the Code of Ethics of the American Podiatric Medical
Association, as currently adopted, or as hereinafter amended by said Association.
Laws 1955, HB 618, p. 308, § 1, emerg. eff. May 23, 1955; Amended by Laws 1983, HB 1182, c. 138, § 2, emerg. eff.
July 1, 1983; Amended by Laws 1993, HB 1190, c. 150, § 2, eff. September 1, 1993.

137.

Board of Podiatric Medical Examiners-Membership-Qualifications-Terms-Removal

A. A Board of Podiatric Medical Examiners is hereby re-created, to continue until July 1,
2024, in accordance with the provisions of the Oklahoma Sunset Law. Said Board shall regulate
the practice of podiatric medicine in this state in accordance with the provisions of the PodiatricMedicine Practice Act. The Board, appointed by the Governor, shall be composed of five (5)podiatric physicians licensed to practice podiatric medicine in this state and one (1) lay member
representing the public.
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B. Each podiatric physician member of the Board shall:
1. Be a legal resident of this state;
2. Have practiced podiatric medicine continuously in this state during the three (3)years immediately preceding his appointment to the Board;
3. Be free of pending disciplinary action or active investigation by the Board; and4. Be a member in good standing of the American Podiatric Medical Associationand of the Oklahoma Podiatric Medical Association.
C. The lay member of the Board shall:
1. Be a legal resident of this state;
2. Not be a registered or licensed practitioner of any of the healing arts or be
related, within the third degree of consanguinity or affinity, to any such person;
and3. Participate in Board proceedings only for the purposes of:a. reviewing, investigating and disposing of written complaints regarding
the conduct of podiatric physicians; andb. formulating, adopting and promulgating rules pursuant to Article I of
the Administrative Procedures Act.
D. Except as provided in subsection E of this section, the term of office of each podiatricphysician member of the Board shall be five (5) years, with one such member being appointed to
the Board each year. The lay member of the Board shall serve a term coterminous with that of theGovernor. Each member shall hold office until the expiration of the term for which appointed or
until a qualified successor has been duly appointed. An appointment shall be made by theGovernor within ninety (90) days after the expiration of the term of any member, or theoccurrence of a vacancy on the Board due to resignation, death, or any other cause resulting in an
unexpired term. The appointment of the podiatric physician members shall be made from a list of
not less than five persons submitted annually to the Governor by the Oklahoma Podiatric Medical
Association.
E. Each of the three podiatric physician members of the Board, serving on the effective
date of this act, shall complete the term of office for which he was appointed, and the successor toeach such member shall be appointed for a term of five (5) years. Within sixty (60) days after theeffective date of this act, the Governor shall appoint two new podiatric physician members to theBoard, one for a term expiring July 1, 1997, and one for a term expiring on July 1, 1998. The
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successor to each such new member shall be appointed for a term of five (5) years.
F. Before assuming his duties on the Board, each member shall take and subscribe to theoath or affirmation provided in Article XV of the Oklahoma Constitution, which oath oraffirmation shall be administered and filed as provided in said article.
G. A member may be removed from the Board by the Governor for cause which shall
include, but not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a felony or of any
offense involving moral turpitude;
3. Being found guilty, through due process, of malfeasance, misfeasance ornonfeasance in relation to his Board duties;
4. Being found mentally incompetent by a court of competent jurisdiction;
5. Being found in violation of any provision of the Podiatric Medicine PracticeAct; or6. Failing to attend three consecutive meetings of the Board without just cause, as
determined by the Board.
Laws 1955, HB 618, p. 308, § 2, emerg. eff. May 23, 1955; Amended by Laws 1983, HB 1182, c. 138, § 3, emerg. eff.
July 1, 1983; Amended by Laws 1988, SB 450, c. 225, § 7; Amended by Laws 1993, HB 1122, c. 4, § 1; Amended byLaws 1993, HB 1190, c. 150, § 3, eff. September 1, 1993; Amended by Laws 1999, HB 1161, c. 20, § 1; Amended byLaws 2005, HB 1212, c. 27, § 1, eff. August 26, 2005; Amended by Laws 2011, HB 1018, c. 45, § 1.

138.

Application of act

Nothing in this act shall apply to any medical doctor, osteopath, or chiropractor licensed
as such under the laws of this state, now or hereafter.
Laws 1955, HB 618, p. 308, § 3, emerg. eff. May 23, 1955.

139.

Meetings-Election of Officers-Duties-Quorum

A. The Board of Podiatric Medical Examiners shall organize annually at the last regularlyscheduled meeting of the Board before the beginning of the next fiscal year by electing fromamong its members a president, a vice-president, and a secretary-treasurer. The term of office ofeach officer shall be for the following fiscal year and until a successor is elected and qualified.
The duties of each officer shall be prescribed in the rules of the Board.
4B. The Board may hold such regularly scheduled meetings, special meetings, emergency
meetings, or continued or reconvened meetings as found by the Board to be expedient ornecessary. A majority of the Board shall constitute a quorum for the transaction of business.
C. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting
Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.
D. All members of the Board and such employees as determined by the Board shall bebonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
E. The responsibilities and rights of any member or employee of the Board who acts
within the scope of the Board duties or employment shall be governed by the Governmental Tort
Claims Act.
Laws 1955, HB 618, p. 308, § 4, emerg. eff. May 23, 1955; Amended by Laws 1997, HB 1466, c. 222, § 1, eff.
November 1, 1997.

140.

Employees of Board-Prosecutions-Materials and supplies-Bonds--Seal
The Board of Podiatric Medical Examiners may:
1. Employ, contract with, and direct stenographic, clerical, and secretarial help andinvestigators and attorneys to assist it and its officers in observing and performing under
the applicable laws and to help carry out and enforce the applicable laws;
2. Gather and present to district attorneys of this state evidence which it believes shows
violations of the applicable laws, and, among other purposes authorized by law, it may use
attorneys it employs to assist district attorneys (but only with their consent) in theprosecution of such violations, and also to represent it in any court;
3. Discharge any person it employs, but this provision shall not be interpreted as
authorizing it to fail in any way to observe and perform its lawful contracts;
4. Contract for and purchase or rent books, stationery, forms, postage, equipment, otheraterials and supplies, and furniture and it may rent or lease office space or other quarters;
however the compensation of those it employs or with whom it contracts and theconsideration it owes under its contracts and its other costs, expenses and liabilities ofwhatever nature shall never be a charge against the State of Oklahoma, except that theBoard may cause payment for all thereof to be made from the Board of Podiatric Medical
Examiners' Revolving Fund insofar as there are from time to time amounts in said fund forsuch purposes;
5. Require fidelity bonds of those it employs; and6. Adopt a seal and use the same by impression in addition to the signature of the Board
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wherever its signature is permitted or required.
Laws 1955, HB 618, p. 309, § 5, emerg. eff. May 23, 1955; Amended Laws 1993, HB 1190, c. 150, § 4, eff. September
1, 1993.

141.

Powers and duties
The Board of Podiatric Medical Examiners shall have the power and duty to:
1. Regulate the practice of podiatric medicine;
2. Promulgate the rules that may be necessary to implement and enforce the PodiatricMedicine Practice Act;
3. Set license and examination fees required by the Podiatric Medicine Practice Act;
4. Receive fees and deposit said fees with the State Treasurer in the Board of PodiatricMedical Examiners' Revolving Fund;
5. Issue, renew, revoke, deny, and suspend licenses to practice podiatric medicine;
6. Examine all qualified applicants for licenses to practice podiatric medicine;
7. Investigate complaints and hold hearings;
8. Adopt and establish rules of professional conduct which shall apply to every person
who practices podiatric medicine in this state;
9. Set educational requirements for licensure; and10. Perform such other duties, exercise such other powers, and employ such personnel asis required by the provisions of the Podiatric Medicine Practice Act.

Laws 1955, HB 618, p. 309, § 6, emerg. eff. May 23, 1955; Amended by Laws 1983, HB 1182, c. 138, § 4, emerg. eff.
July 1, 1983; Amended by Laws 1993, HB 1190, c. 150, § 5, eff. September 1, 1993.

142.

Acts Constituting Practice of Podiatric Medicine-Exceptions

A. Podiatric medicine is that profession of the health sciences concerned with thediagnosis and treatment of conditions affecting the human foot and ankle, including the local
manifestations of systemic conditions, by all appropriate systems and means.
B. Any one or more of the following shall be deemed to be practicing podiatric medicine:61. In any way examining, diagnosing, recommending for, prescribing for, caring for ortreating in this state ailments, diseased conditions, deformities or injuries of the humanfoot and ankle, whether or not done directly thereon;
2. Massage or adjustment in connection with such examining, diagnosing, recommending,prescribing, treating, or caring for;3. Fitting, building, or otherwise furnishing pads, inserts, appliances, inlays, splints, or
supports, or giving or using medicament or anesthetics in connection with suchexamining, diagnosing, recommending, prescribing, treating, caring for, or fitting; and4. Offering in this state to any person to do or cause to be done, or attempting in this state
to do or cause to be done, any or all of the foregoing.
C. The provisions of the Podiatric Medicine Practice Act shall not apply to:
1. The sale of proprietary or patented foot remedies, pads, supports or corrective shoes;
2. The fitting or recommending of appliances, devices, or shoes for the prevention,correction, or relief of foot ailments or troubles, by regularly established retail dealers or
their regular salesmen, not holding themselves out to the public as podiatric physicians
under the terms of this act; or
3. A person providing services or assistance in case of an emergency if no fee or otherconsideration is contemplated, charged, or received.
4. Any person who is licensed to practice podiatric medicine in another state or territory of
the United States whose sole purpose and activity in this state is to practice podiatric
medicine and surgery with a specific podiatrist who is licensed to practice podiatric
medicine by the Board, excluding a podiatrist with a temporary or restricted license. The
length of such person’s practice in this state shall be limited to four (4) weeks per year andshall be limited to training purposes. The scope of the training shall not exceed thatallowed by Oklahoma law.
Added by Laws 1955, HB 618, c. 4, § 7, emerg. eff. May 23, 1955; Amended by Laws 1993, HB 1190, c. 150, § 6, eff.
September 1, 1993; Amended by Laws 1994, SB 677, c. 105, § 1, eff. September 1, 1994; Amended by Laws 2009, HB
1897, c. 261, § 1, emerg. eff. July 1, 2009.

143.

Unlawful practices-Penalty
A. It shall be unlawful for:1. Any person to practice or attempt to practice podiatric medicine in this state as defined7

by the applicable laws or as otherwise defined, or to hold himself out to the public in thisstate as a podiatric physician, doctor of podiatric medicine, podiatrist, foot doctor or footspecialist without having first obtained a license to practice podiatric medicine from theBoard of Podiatric Medical Examiners, or after his license to practice podiatric medicine
has been revoked, or while such license is under suspension. Provided, however, anapplicant for a license by examination who has successfully passed the examination
administered by the Board may practice podiatric medicine to the extent necessary toenable him to observe and assist a podiatric physician, as an intern, preceptee or resident,
if while so doing he complies with all of the rules of the Board;
2. A podiatric physician to practice as such at any time when his license is notconspicuously displayed in his place of regular practice;
3. Any person to knowingly represent in any manner in this state, either publicly or
privately, that another person is a licensed podiatric physician, doctor of podiatric
medicine, podiatrist, foot doctor or foot specialist, or is capable of examining, diagnosing,recommending for, prescribing for, caring for, or treating in this state aliments, diseased
conditions, deformities, or injuries of the human foot, unless such other person at the timeof such representation is a licensed podiatric physician; and4. Any podiatric physician to violate any provision of the Podiatric Medicine Practice Act
or the rules of the Board.
B. Any person who does any one or more of the things made unlawful by subsection A ofthis section shall be deemed guilty of a misdemeanor and upon conviction shall be punishable bya fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for
not more than six (6) months, or by both such fine and imprisonment. Each day of such violation
shall constitute a separate and distinct offense.
Laws 1955, HB 618, p. 311, § 8, emerg. eff. May 23, 1955; Amended by Laws 1993, HB 1190, c. 150, § 7, eff.
September 1, 1993.

144.

Examinations-Qualification of Applicants-Fees-Licenses

A. The fee for examination for a license to practice podiatric medicine in this state shall be
One Hundred Dollars ($100.00). The Board of Podiatric Medical Examiners may increase this fee
by not more than an additional Two Hundred Dollars ($200.00). The examination for such license
shall be given by the Board. The Board may give the examination at any special meeting, butshall not be required to do so. The Board may utilize the National Board of Podiatric Examiners'
National Board Examination Part III as the written portion of the state licensing exam.
B. To be entitled to take the examination, a person shall:
1. File a written application on a form prescribed by the Board;82. Pay to the secretary-treasurer of the Board in advance the fee for examination;
3. Satisfy the Board that the person is loyal to the United States of America;
4. Be more than twenty-one (21) years of age;
5. Be of good moral character;
6. Not have been finally convicted of any crime involving moral turpitude or of any
felony;7. Be free from contagious or infectious disease;
8. Be a graduate of an accredited college of podiatric medicine; and9. Have complied with applicable Board rules.
C. An applicant satisfying the requirements of subsection B of this section shall receive alicense to practice podiatric medicine in this state, to be issued by the Board, if the applicant:1. Takes the examination administered or approved by the Board and receives a passing
score of at least seventy-five percent (75%) on both the written and oral portions. An
applicant receiving less than a score of seventy-five percent (75%) on either the written ororal portion of the examination shall be deemed to have failed the entire examination;
2. Satisfactorily completes a podiatric surgical residency, approved by the Council ofPodiatric Medical Education of the American Podiatric Medical Association, of not lessthan three (3) years; provided, the provisions of this paragraph shall only apply toapplicants after March 1, 2018; and3. Satisfies the Board that the applicant has not violated any of the provisions of the
Podiatric Medicine Practice Act or any of the rules of the Board.
D. The examination administered or approved by the Board shall include both a written
and an oral portion, shall be administered in the English language, and shall cover areas in
anatomy, pathology, podiatric medicine and surgery, dermatology, pharmacology, biomechanics,
anesthesia, radiology, Oklahoma law relating to podiatric medicine, and such other subjects as theBoard from time to time determines necessary and appropriate. The Board may authorize
examination papers to be graded by one or more of its own members or by any one or morelicensed podiatric physicians selected by the Board. Each license issued by the Board shall besigned by each member of the Board, bear the seal of the Board, and designate the licensee as alicensed podiatric physician.
E. The Board may issue a temporary license if the applicant:91. Has met the requirements of subsection B of this section;
2. Takes the examination administered or approved by the Board and receives a passing
score of at least seventy-five percent (75%) on both the written and oral portions. An
applicant receiving less than a score of seventy-five percent (75%) on either the written ororal portion of the examination shall be deemed to have failed the entire examination;
3. Is within ninety (90) days of completing or has completed a podiatric surgicalresidency, approved by the Council of Podiatric Medical Education of the American
Podiatric Medical Association, of not less than three (3) years; provided, the provisions of
this paragraph shall only apply to applicants after March 1, 2018; and4. Satisfies the Board that the applicant has not violated any of the provisions of the
Podiatric Medicine Practice Act or any of the rules of the Board.
Laws 1955, HB 618, c. 4, § 9, emerg. eff. May 23, 1955; Amended by Laws 1990, HB 1728, c. 163, § 1, eff.
September 1, 1990; Amended by Laws 1993, HB 1190, c. 150, § 8, eff. September 1, 1993; Amended by Laws 2002,
SB 928, c. 118, § 1, eff. November 1, 2002; Amended by Laws 2008, HB 2763, c. 149, § 1, emerg. eff. May 12, 2008;
Amended by Laws 2013, SB 302, c. 185, § 1, eff. November 1, 2013; SB 682, eff. November 1, 2017.

144.1. Training license
A. No person who is granted a training license shall practice outside the limitations of thelicense.
B. To be eligible for training licensure, the applicant shall have completed all therequirements for full and unrestricted licensure except graduate education and/or licensing
examination or other requirements relative to the basis for the training license.
C. By rule, the Board of Podiatric Medical Examiners shall establish restrictions fortraining licensure to assure that the holder will practice only under appropriate circumstances as
set by the Board.
D. A training license shall be renewable annually upon the approval of the Board andupon the evaluation of performance in the special circumstances upon which the training license
was granted.
E. The issuance of a training license shall not be construed to imply that a full andunrestricted license to practice podiatric medicine will be issued at a future date.
F. All other provisions of the Podiatric Medicine Practice Act shall apply to the holders of
training licenses.
G. This section shall not limit the authority of any state agency or educational institution
in this state which employs a training licensed podiatric physician to impose additional practicelimitations upon such podiatric physician.
10Added by Laws 2013, SB 302, c. 185, § 2, eff. November 1, 2013.

145.

Renewal of License-Fees-Suspension on Nonpayment-Reinstatement-Records

A. Each license to practice podiatric medicine shall be renewed by June 30 of evennumbered years. Such license shall entitle the licensee to practice podiatric medicine in this state
as defined by law and to hold himself/herself out as a licensed podiatric physician, doctor of
podiatric medicine or podiatrist as long as lawfully renewed, unless suspended or revoked as
authorized by law.
B. Upon application and payment of required fees, and upon first satisfying the Board of
Podiatric Medical Examiners that the licensee is not at the time violating any applicable law or
any of the rules of the Board or the Code of Ethics, and upon showing proof of compliance with
Section 145.1 of this title, a licensee shall be entitled to have his/her license to practice podiatric
medicine renewed until June 30 of the following even-numbered year.
C. A license not renewed in the time and manner required by this section shall become
inactive and the licensee may not practice as a licensed podiatric physician, doctor of podiatric
medicine or podiatrist. The license may be renewed on or before September 30 following the June
30 deadline by payment of the delinquent renewal fee upon satisfying the Board of compliancewith subsection B of this section. After that September 30 and on or before the close of June 30 of
the next even-numbered year, the license may be reinstated upon satisfying the Board ofcompliance with subsection B of this section and upon the payment first of the delinquent renewal
fee, plus such additional penalty as the Board imposes, not to exceed in all four times thedelinquent fee. Any license to practice podiatric medicine not reinstated in such time shallbecome void at the close of June 30 of the next even-numbered year; and thereafter it shall not be
renewed or reinstated.
D. The renewal fee shall be such sum as the Board from time to time sets. Upon the timely
payment of the renewal fee or the reinstatement fee, as the case may be, the secretary-treasurer ofthe Board shall provide to the licensee such certificate of renewal or reinstatement as the Board
shall direct, which shall operate to renew or reinstate the license, as the case may be, until June 30of the next even-numbered year, after which it must be renewed again or be reinstated in the sametime and manner to continue to be effective.
E. The secretary-treasurer of the Board shall keep a license record showing each license
issued by the Board, the name and last mailing address furnished to said secretary-treasurer by
each licensee, the year of issuance of the license, whether by examination or otherwise, therenewals, reinstatements, suspensions and revocations thereof, and the fact as to whether the
license be in force or suspended or void. Such record as to any license, or a copy thereof certified
to by said secretary-treasurer as complete and true as to the license in question, shall constituteprima facie evidence of the recitals therein and the fact disclosed thereby as to whether the license
described is in force or suspended or void.

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Laws 1955, HB 618, p. 312, § 10, emerg. eff. May 23, 1955; Amended by Laws 1979, SB 184, c. 81, § 1; Amended byLaws 1993, HB 1190, c. 150, § 9, eff. September 1, 1993; Amended by Laws 2013, SB 302, c. 185, § 2, eff. November
1, 2013145.1. Continuing Education Requirement for Renewal of License-Exemptions
A. Sixty (60) hours of continuing education shall be required for renewal of an individual
license to practice podiatric medicine in this state. This must be obtained in the two-year period
immediately preceding the two-year period for which the license is to be issued. Such continuing
education shall include not less than two (2) hours of education in pain management or two (2)hours of education in opioid use or addiction, unless the licensee has demonstrated to thesatisfaction of the Board of Podiatric Medical Examiners that the licensee does not currently holda valid federal Drug Enforcement Administration registration number. The continuing education
required by this section shall be any of the following:
1. Education presented by an organization approved by the Council on Continuing
Education of the American Podiatric Medical Association;
2. A national, state or county podiatric medical association meeting approved by the
Board;
3. Hospital-sponsored scientific programs approved by the Board; or
4. Six (6) hours of continuing education credit may be obtained by attending meetings andhearings of the Board.
At least thirty (30) hours of the required sixty (60) hours must be obtained in this state.
B. Any practitioner not so satisfying the Board of the fulfillment of the continuing
education requirements required by subsection A of this section shall cease to be entitled to havesuch license renewed.
C. Any practitioner fully retired from the practice of podiatric medicine shall be exempt
from compliance with the requirements imposed by subsection A of this section. However, upon
resuming the practice of podiatric medicine, the individual shall fulfill such requirements whichhave accrued from October 1, 1979, to the time of resumption of practice.
Laws 1979, SB 184, c. 81, § 2; Amended by Laws 1993, HB 1190, c. 150, § 10, eff. September 1, 1993; Amended byLaws 2013, SB 302, c. 185, § 4, eff. November 1, 2013

146.

Repealed by laws 1990

Repealed by Laws 1990, SB 685, c. 163, § 7, eff. September 1, 1990

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147.

Suspension of Licenses

A. The Board of Podiatric Medical Examiners is authorized, after notice and opportunity
for a hearing, pursuant to Article II of the Administrative Procedures Act, to issue an order
imposing one or more of the following penalties whenever the Board finds, by clear andconvincing evidence, that a podiatric physician has committed any of the acts or occurrences set
forth in Section 148 of this title:
1. Disapproval of an application for a renewal license;
2. Suspension of a license by the Board for a maximum period of three (3) years;
3. Revocation of a license;
4. An administrative fine not to exceed One Thousand Dollars ($1,000) for each count or
separate violation;
5. A censure or reprimand;
6. Placement on probation for a period of time and under such terms and conditions as
deemed appropriate by the Board;
7. Restriction of the practice of a podiatric physician under such terms and conditions as
deemed appropriate by the Board; and8. Payment of costs associated with a disciplinary proceeding.
B. The Board may, by rule, establish guidelines for the disposition of disciplinary cases
involving specific types of violations. The guidelines may include:
1. Minimum and maximum administrative fines;
2. Periods of suspension, probation or supervision;
3. Terms and conditions of probation; and4. Terms and conditions for the reinstatement of a license.
C. The Board is authorized to issue a confidential letter of concern to a podiatricphysician when, though evidence does not warrant initiation of an individual proceeding, theBoard has noted indications of possible errant conduct by the podiatric physician that could leadto serious consequences and formal action by the Board.
D. A podiatric physician against whom a penalty is imposed by an order of the Board
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pursuant to the provisions of this section shall have the right to seek a judicial review of suchorder pursuant to Article II of the Administrative Procedures Act.
Laws 1955, HB 618, p. 313, § 12, emerg. eff. May 23, 1955; Amended by Laws 1993, HB 1190, c. 150, § 11, eff.
September 1, 1993; Amended by Laws 1997, HB 1466, c. 222, § 2, eff. November 1, 1997.

148.

Revocation of licenses-Grounds

A. The following acts or occurrences by a podiatric physician shall constitute grounds forwhich the penalties specified in Section 147 of this title may be imposed by order of the Board of
Podiatric Medical Examiners:
1. Willfully making a false and material statement to the Board, either before or after theissuance of a license;
2. Pleading guilty or nolo contendere to, or being convicted of, a felony crime that
substantially relates to the practice of podiatric medicine and poses a reasonable threat to
public safety;
3. Using alcohol, any drug, or any other substance which impairs the licensee to a degree
that the licensee is unable to practice podiatric medicine with safety and benefit to the
public;
4. Being mentally or physically incapacitated to a degree that the licensee is unable topractice podiatric medicine with safety and benefit to the public;
5. Making any advertisement, statement, or representation which is untrue or improbableand calculated by the licensee to deceive, defraud or mislead the public or patients;
6. Practicing fraud by omission or commission in the examination given by the Board, orin obtaining a license, or in obtaining renewal or reinstatement of a license;
7. Failure to pay or cause to be paid promptly when due any fee required by the PodiatricMedicine Practice Act or the rules of the Board;
8. Practicing podiatric medicine in an unsafe or unsanitary manner or place;
9. Performing, or attempting to perform, any surgery for which the licensee has not hadreasonable training;
10. Gross and willful neglect of duty as a member or officer of the Board;
11. Dividing with any person, firm, corporation, or other legal entity any fee or othercompensation for services as a podiatric physician, except with:14

a. another podiatric physician
b. an applicant for a license who is observing or assisting the licensee as an intern,preceptee or resident, as authorized by the rules of the Board, orc. a practitioner of another branch of the healing arts who is duly licensed under
the laws of this state or another state, district or territory of the United States, who
has actually provided services, directly or indirectly, to the patient from or forwhom the fee or other compensation is received, or at the time of the services is anactive associate of the licensee in the lawful practice of podiatric medicine in thisstate; and12. Violating or attempting to violate the provisions of the Podiatric Medicine Practice
Act, the Code of Ethics or the rules of the Board; and13. Prescribing, dispensing or administering opioid drugs in excess of the maximum limits
authorized in Section 2-309I of Title 63 of the Oklahoma Statutes.
B. Commitment of a licensee to an institution for the mentally ill shall constitute prima
facie evidence that the licensee is mentally incapacitated to a degree that the licensee is unable topractice podiatric medicine with safety and benefit to the public.
C. As used in this section:
1. "Substantially relates" means the nature of criminal conduct for which the person wasconvicted has a direct bearing on the fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal conduct for which the person
was convicted involved an act or threat of harm against another and has a bearing on the fitness orability to serve the public or work with others in the occupation.
Laws 1955, HB 618, p. 314, § 13, emerg. eff. May 23, 1955; Amended by Laws 1993, HB 1190, c. 150, § 12, eff.
September 1, 1993; Amended by Laws 1997, HB 1466, c. 222, § 3, eff. November 1, 1997.

149.

Written Charges to be filed-Notice-Hearing

A. Any person may file a written and signed complaint with the Board of PodiatricMedical Examiners, alleging that a podiatric physician has violated the provisions of the PodiatricMedicine Practice Act, the Code of Ethics, or the rules of the Board, and the facts upon which theallegations are based. Each complaint received by the Board shall be investigated in a manner tobe prescribed in the rules of the Board.
Laws 1955, HB 618, p. 315, § 14, emerg. eff. May 23, 1955; Amended by Laws 1997, HB 1466, c. 222, § 4, eff.
November 1, 199715

149.1 Medical Marijuana – Guidance – Disciplinary Action
A. The Board of Podiatric Medical Examiners is hereby authorized to issue guidance toall podiatric physicians in this state on the recommending of medical marijuana to patients.
B. The Board may take disciplinary action as provided for in the Podiatric Medicine
Practice Act against any podiatric physician who willfully violates or aids another in the willful
violation of the provisions of Section 420 et. seq. of Title 63 of the Oklahoma statutes or theprovisions of Enrolled House Bill No. 2612 of the 1st Session of the 57th Oklahoma Legislature.
150.

Repealed by laws, 1997

151.

Repealed by laws, 1980

152.

Reciprocity-Fees

A. By way of reciprocity and without examination, the Board of Podiatric Medical
Examiners may issue a license to practice podiatric medicine in this state to any person who:
1. Satisfies the Board that he has all the qualifications required, by the applicable laws
and the rules of the Board, of a person to entitle the person to a license to practice podiatric
medicine in this state pursuant to examination, excepting any as to which the Board excuses
compliance for good cause shown; and2. Satisfies the Board that for at least three (3) years immediately prior to the date on
which he pays the required fee he lawfully practiced podiatric medicine within and under the lawsof a district or territory or other state of the United States of America pursuant to a license issued
thereby authorizing such practice; and3. Pays in advance to the secretary-treasurer of the Board the fee required by the rules of
the Board for a license by reciprocity, which shall not be less than One Hundred Fifty Dollars($150.00) or more than Three Hundred Dollars ($300.00).
B. The provisions and benefits of this section shall extend only to persons who areresidents in good faith of districts, territories, or states which in the judgment of the Board extend
to citizens of this state substantially equal or greater reciprocity privileges as to a license topractice podiatric medicine.
Laws 1955, HB 618, p. 316, § 17, emerg. eff. May 23, 1955; Amended by Laws 1993, HB 1190, c. 150, § 13, eff.
September 1, 1993.

153.

Repealed by laws, 1983

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154.

Board of Podiatric Medical Examiners' Revolving Fund

There is hereby created in the State Treasury a revolving fund for the Board of PodiatricMedical Examiners, to be designated as the "Board of Podiatric Medical Examiners' Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consistof all monies received by the Board pursuant to the provisions of the Podiatric Medicine PracticeAct. All monies accruing to the credit of said fund are hereby appropriated and may be budgetedand expended by the Board for the purpose of implementing and enforcing the provisions of the
Podiatric Medicine Practice Act. Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims signed by the secretary-treasurer of the Board or by anauthorized employee or employees of the Board and filed as prescribed by law with the Directorof the Office of Management and Enterprise Services for approval and payment.
Laws 1955, HB 618, p. 316, § 19, emerg. eff. May 23, 1955; Amended by Laws 1983, HB 1182, c. 138, § 7, emerg.
eff. July 1, 1983; Amended by Laws 1993, HB 1190, c. 150, § 14, eff. September 1, 1993; Amended by Laws 2012, HB
3079, c. 304, § 260

155.

Investigations and Hearings-Subpoenas-Records
The Board of Podiatric Medical Examiners shall:
1. Conduct investigations of complaints against podiatric physicians filed with the Board,
pursuant to Section 149 of this title; and2. Initiate and conduct individual proceedings, pursuant to Article II of the Administrative
Procedures Act, against podiatric physicians alleged to have violated the PodiatricMedicine Practice Act, the Code of Ethics, or the rules of the Board. For such purposes
the Board, or any member thereof, is empowered to issue subpoenas, compel theattendance of witnesses, and administer oaths and affirmations. Subpoenas authorized bythis section may be signed and issued by any member of the Board, and shall be served,
and return of service thereof made, in the same manner as a subpoena is served from of acourt of record in this State and as return of service in such case is made. Any person
failing and refusing to attend in obedience to such subpoena, or refusing to be sworn or
examined or answer an question propounded by any member of the Board or any attorney
or licensee upon permission from the Board, upon conviction thereof, shall be guilty of amisdemeanor and punishable as such.

Laws 1955, HB 618, p. 316, § 20, emerg. eff. May 23, 1955; Amended by Laws 1997, HB 1466, c. 222, § 5, eff.
November 1, 1997.

156.

Annual Report

Said Board shall make an annual report to the Governor, not later than the fifteenth day of
November each year, which report shall contain an account of all monies received, licenses
issued, suspended, or revoked and all expenditures made by said Board the twelve (12) months
prior to said date.
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Laws 1955, HB 618, p. 317, § 21, emerg. eff. May 23, 1955.

157.

Repealed by laws, 1985

158.

Restraining Orders and Injunctions

Restraining orders and temporary and permanent injunctions may be granted by the
district and superior courts upon application of the Board for the purpose of restraining, enjoining,and preventing threatened or likely violations of, and also enforcing, and also requiring
compliance with, the applicable laws.
Laws 1955, HB 618, p. 317, § 23, emerg. eff. May 23, 1955.

159.l. Rules and Regulations Concerning Casts for Individual Shoes
The Board may adopt rules and regulations which are necessary or helpful to promote thepublic health and safety which define and establish minimum standards and requirements formethods and practices to be used in taking or making casts or equivalents thereof of the humanfoot for the purpose of prescribing, offering, making, furnishing, correcting, changing, or fitting
shoes for the foot. It shall be unlawful to take or make said casts or equivalents for any purpose
except in accordance with such rules and regulations as the Board may prescribe.
Laws 1959, HB 813, p. 224 § 1; Amended by Laws 1983, HB 1182, c. 138, § 6, emerg. eff. July 1, 1983.

159.2. Unlawful Acts
It shall be unlawful to make, furnish, correct, change, or fit any of the following if molded
for the foot or part of the foot of a specific person, as distinguished from persons generally, towit: shoes for the purpose of diagnosing, correcting, relieving, treating, aiding, controlling, or
alleviating ailments, diseases, diseased conditions, deformities, injuries, or abnormalities of thefoot or feet of the specific person, except upon the prescription of a medical doctor, podiatricphysician, osteopathic physician duly licensed under the laws of this state, or to offer so to do, orfor any one other than such medical doctor, podiatric physician or osteopathic physician toprescribe any thereof for any such purpose.
Laws 1959, HB 813, p. 224, § 2; Amended by Laws 1993, HB 1190, c. 150, § 15, eff. September 1, 1993.

159.3. Repealed by laws, 1983
159.4. Inapplicability to Manufacture or Sale to Persons Generally

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Nothing in this Act shall apply to the manufacture or sale of shoes, pads, or supports,
whether patented or not, which are made for, and offered to, persons generally.
Laws 1959, HB 813, p. 224, § 4.

159.5. Penalties
Any violation of this Act shall constitute a misdemeanor, and shall be punishable uponconviction, by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the
county jail for not more than six (6) months or by both such fine and imprisonment; and eachseparate day upon which any person unlawfully does a thing made unlawful by this Act shall be
and constitute a separate and distinct offense.
Laws 1959, HB 813, p. 224, § 5.

160.1. Interpretation of Terms
The terms "podiatry" and "podiatric medicine" are synonymous and mean the branch of
the healing arts defined in the Podiatric Medicine Practice Act. Wherever in the Oklahoma
Statutes reference is made to the term "podiatry", the same shall be interpreted to mean "podiatric
medicine", and wherever reference is made to the term "podiatrist", the same shall be interpreted
to mean "podiatric physician".
Laws 1969, SB 353, c. 198, § 1, emerg. eff. April 18, 1969; Amended by Laws 1993, HB 1190, c. 150, § 16, eff.
September 1, 1993; Amended by Laws 1995, HB 1529, c. 207, § 2, eff. November 1, 1995.

160.2. DPM - Meaning
The term DPM means Doctor of Podiatric Medicine.
Laws 1969, SB 353, c. 198, § 2, emerg. eff. April 18, 1969.

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