UNOFFICIAL COPY 24 RS BR 464
Page 1 of 6
XXXX 12/4/2023 11:31 AM Jacketed
AN ACT relating to practice of podiatry. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 311.380 is amended to read as follows: 3
As used in KRS 311.380[311.390] to 311.510[, unless the context otherwise requires]: 4
(1) "Board" means the State Board of Podiatry; 5
(2) ["Podiatry" is that profession of the health sciences which deals with the 6
examination, diagnosis, treatment, and prevention of diseases, conditions, and 7
malfunctions affecting the human foot and its related or governing structures, by 8
employment of medical, surgical, or other means;]"Podiatric assistant" means a 9
person licensed by the board to assist licensed podiatrists with specific duties and 10
tasks related to the practice of podiatry as permitted by administrative regulations 11
as may be promulgated by the board; 12
(3) "Podiatric residency" means a program of supervised postgraduate clinical 13
training approved by the board; 14
(4) "Podiatric resident" means a podiatrist in training in a podiatric residency; 15
(5)[(3)] "Podiatrist" is a physician and surgeon who has graduated from a college of 16
podiatric medicine accredited by the Council on Podiatry Education of the 17
American Podiatry Association or approved by state licensing boards; and 18
(6) "Podiatry" is that profession of the health sciences which deals with the 19
examination, diagnosis, treatment, and prevention of diseases, conditions, and 20
malfunctions affecting the human foot and its related or governing structures, by 21
employment of medical, surgical, or other means. 22
Section 2. KRS 311.400 is amended to read as follows: 23
(1) No person shall profess to be a podiatrist, or practice or assume the duties incident 24
to podiatry in this state, or use the title "podiatrist" or any words or letters which 25
designate or tend to designate to the public that the person is a podiatrist, unless he 26
holds a valid, current license from the board, registered in the county in which the 27 UNOFFICIAL COPY 24 RS BR 464
Page 2 of 6
XXXX 12/4/2023 11:31 AM Jacketed
holder is engaged in such practice. 1
(2) A podiatric resident who is issued a podiatric residency license by the board for 2
the purpose of participating in a specific postgraduate training program approved 3
by the board may engage in the practice of podiatry as required as a part of that 4
program provided any such practice is under the supervision of a board-licensed 5
podiatrist in accordance with administrative regulations promulgated by the 6
board and not otherwise prohibited by law. 7
(3) A podiatric assistant who is issued a podiatric assistant license by the board may 8
assist board-licensed podiatrists with specific duties and tasks related to the 9
practice of podiatry as permitted by administrative regulations as may be 10
promulgated by the board and not otherwise prohibited by law. 11
Section 3. KRS 311.420 is amended to read as follows: 12
(1) The board shall conduct examinations at least twice a year at such times and places 13
as the board deems convenient for applicants for licenses to practice podiatry in this 14
state, and shall admit to examination any applicant who: 15
(a) Is at least eighteen (18) years of age; 16
(b) Is a citizen of the United States and a resident of the State of Kentucky; 17
(c) Is of good moral character and temperate habits; and 18
(d) Has completed a course in and graduated from a school or college of podiatry 19
approved by the board. 20
(2) The board shall prescribe the time, place, method, manner, scope and content of 21
examinations as relates to KRS 311.380(6)[(2)]; and the board may accept certified, 22
successful National Board of Podiatry examinations in lieu of its written 23
examination. 24
(3) Applicants for examination shall present their credentials to the board by mail upon 25
forms furnished by the board, and shall receive due notice of the place and date of 26
the examination. Each application shall contain proof of the qualifications required 27 UNOFFICIAL COPY 24 RS BR 464
Page 3 of 6
XXXX 12/4/2023 11:31 AM Jacketed
of the applicant, shall be verified by the applicant under oath, and shall be 1
accompanied by an examination fee set by the board. 2
(4) The board may[shall] issue a podiatry license to any person who complies with the 3
provisions of KRS 311.380 to 311.510 and:[ who satisfactorily passes the 4
examination.] 5
(a) Is a citizen of the United States and a resident of the Commonwealth of 6
Kentucky; 7
(b) Is of good moral character and temperate habits; 8
(c) Has graduated from a school or college of podiatry approved by the board; 9
(d) Satisfactorily passed the board examination or the National Board of 10
Podiatry examinations and has presented to the board directly from the 11
National Board of Podiatric Medical Examiners of the United States 12
evidence that he or she has passed all parts of its examination within the 13
past ten (10) years; 14
(e) For any applicant seeking initial licensure after January 1, 2024, by 15
evidence submitted directly to the board by the sponsoring institution, has 16
satisfactorily completed two (2) years of podiatric residency; 17
(f) Submits a nationwide criminal background investigation by means of a 18
fingerprint check by the Department of Kentucky State Police and the 19
Federal Bureau of Investigation; 20
(g) Reports to the board any conviction or disciplinary action on a license held 21
by the applicant relating to prescribing or dispensing controlled substances; 22
and 23
(h) Fulfills all other requirements of the board set by administrative regulation 24
in accordance with KRS Chapter 13A. 25
(5) The members of the board shall receive no compensation for their services, but 26
shall be paid their traveling and other necessary expenses while employed upon the 27 UNOFFICIAL COPY 24 RS BR 464
Page 4 of 6
XXXX 12/4/2023 11:31 AM Jacketed
business of the board. 1
(6) [The board may, in good faith, adopt rules and regulations to license and control 2
those persons who may become formally educated, or by years of employment by a 3
licensed podiatrist, as a podiatric assistant. 4
(7)] The board may utilize such materials, services or facilities as may be made 5
available to it by other state agencies or may contract therefor, to such extent as the 6
board in its discretion, may determine. 7
(7) The board shall promulgate administrative regulations to establish requirements 8
for a podiatric residency license and administrative regulations governing 9
podiatric residents. 10
(8) The board may promulgate administrative regulations to establish requirements 11
for a podiatric assistant license and administrative regulations governing 12
podiatric assistants. 13
Section 4. KRS 311.480 is amended to read as follows: 14
The board may refuse to license or renew, or may suspend, probate or revoke the license 15
of any podiatrist, podiatric resident, podiatric assistant, or in addition to such refusal, 16
suspension, probation, or revocation,[punishment] or in lieu thereof, may impose a fine 17
not to exceed five hundred dollars ($500) for each offense, upon proof that he or she: 18
(1) Has been convicted of a felony, if in accordance with KRS Chapter 335B; 19
(2) Has been convicted of a misdemeanor, if in accordance with KRS Chapter 335B; 20
(3) Has employed, hired, procured or induced a person not licensed to practice podiatry 21
in this state so to practice; 22
(4) Has aided or abetted in the practice of podiatry a person not licensed to practice 23
podiatry in this state; 24
(5) Has been granted a license upon a mistake of a material fact; 25
(6) Has violated any provision of KRS 311.380[311.390] to 311.510; 26
(7) Has become drug addicted; 27 UNOFFICIAL COPY 24 RS BR 464
Page 5 of 6
XXXX 12/4/2023 11:31 AM Jacketed
(8) Has become a chronic or persistent alcoholic; 1
(9) Has developed such physical or mental disability, or other condition whereby 2
continued practice is dangerous to patients or to the public; 3
(10) Has violated any order of suspension, or the terms or the conditions of any order of 4
probation, issued by the board; 5
(11) Has engaged in, or attempted to engage in the practice of podiatry under a false or 6
assumed name; 7
(12) Has willfully violated a confidential communication; 8
(13) Has acted in a grossly negligent or willful manner which is inconsistent with the 9
practice of podiatry; 10
(14) Is unfit or incompetent to practice podiatry by reason of gross negligence or other 11
causes including but not limited to being unable to practice podiatry with 12
reasonable skill or safety; 13
(15) Has a license to practice as a podiatrist denied, limited, suspended, probated or 14
revoked in another jurisdiction on grounds sufficient to cause a license to be denied, 15
limited, suspended, probated or revoked in this Commonwealth;[ or] 16
(16) Has engaged in conduct likely to deceive or defraud the public; or 17
(17) Has willfully violated any administrative regulation of the board. 18
Section 5. KRS 311.410 is amended to read as follows: 19
(1) There is hereby created in the government of the Commonwealth a State Board of 20
Podiatry which shall consist of five (5) members, each appointed by the Governor. 21
Four (4) members shall be appointed from lists of three (3) names for each position 22
submitted by the Kentucky Podiatry Association. One (1) member shall be a citizen 23
at large who is not associated with or financially interested in the practice or 24
business regulated. Any vacancy shall be filled for the unexpired term by the 25
Governor, as provided in the original appointment. 26
(2) A person to be eligible for appointment as a podiatrist member of the board shall be 27 UNOFFICIAL COPY 24 RS BR 464
Page 6 of 6
XXXX 12/4/2023 11:31 AM Jacketed
at least twenty-one (21) years of age, of good moral character, a resident of this 1
state, and a licensed practicing podiatrist in this state for at least five (5) 2
consecutive years next preceding the date of his appointment. No member of the 3
board shall be a stockholder, officer or member of the faculty or board of trustees of 4
any school, college or institution of podiatry or chiropody. 5
(3) The terms of office of each member shall be four (4) years, or until his successor 6
shall be appointed and qualified. 7
(4) The board shall elect one (1) of its members as president and another of its 8
members as secretary. The secretary may, subject to approval by the board, employ 9
and fix the compensation of all personnel required for the administration of KRS 10
311.380[311.390] to 311.510. The board may promulgate administrative[make all 11
rules and] regulations, not inconsistent with KRS 311.380[311.390] to 311.510, as 12
may be necessary to implement and carry out the provisions and purposes of KRS 13
311.380[311.390] to 311.510. 14
(5) The board shall hold meetings at least twice a year and as frequently as it deems 15
necessary at such times and places as the board may designate. A majority of the 16
members shall constitute a quorum. 17
(6) The board may sue and be sued in its own name. 18
(7) Members of the board shall be immune from suit in any civil or criminal action 19
which is based upon any official act or acts performed by them in good faith as 20
members of the board. 21