Chapter 500-8 UNPROFESSIONAL CONDUCT

Rule 500-8-.01 Unprofessional Conduct. Amended

The Georgia State Board of Podiatry Examiners has the authority to refuse to grant or to grant a license to an applicant, or to discipline a podiatrist licensed in the State of Georgia if that individual has engaged in unprofessional conduct. For the purpose of the enforcement and implementation of this rule, unprofessional conduct is defined as, but not limited to, practicing or aiding in the following:

(a)	Violating any order of the Georgia State Board of Podiatry Examiners;

(b)

Violating a statute, law, or any rule or regulation of this state, any other state, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which statute, law or rule or regulation relates to or in part regulates the practice of podiatry, when the licensee or applicant knows or should know that such action is a violation of such statute, law, or rule.

(c)	Violating any Consent Order entered into with the Georgia State Board of Podiatry examiners or any other licensing board.

(d)

Violating any statutes and/or rules relating to or regulating the practice of podiatry including, but not limited to, the following:

1.	The Georgia Podiatry Act (O.C.G.A. T. 43, Ch. 34);

2.	The Georgia Controlled Substances Act (O.C.G.A. T. 17, Ch. 13, Art. 2);

3.	The Georgia Dangerous Drug Act (O.C.G.A. T. 16 Ch. 13, Art. 3);

4.	The Federal Controlled Substances Act (21 USCA, Ch. 13);

5.	The Consumer Information and Awareness Act (O.C.G.A. T. 43, Ch. 1, Art. 33);

6.	The Rules and Regulations of the Georgia State Board of Podiatry Examiners;

7.	The Rules and Regulations of the Georgia Board of Pharmacy, Ch. 480, Rules and Regulation of the State of Georgia, particularly those relating to the prescribing and dispensing of prescription drugs, Chapter 480-28.

8.	The Code of Federal Regulation Relating to Controlled Substances (21 C.F.R. Par. 1306); and

9.	O.C.G.A. 31-33 Health Records.

(e)

Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory or country or in the courts of the United States. As used in this paragraph, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and as used in this paragraph, the term "conviction" shall be deemed to include a finding or verdict of guilty or a plea of guilty, or plea of nolo contendere, regardless of whether an appeal of the conviction has been sought;

(f)

Knowingly performing any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice podiatry or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;

(g)	Practicing fraud, forgery, deception or conspiracy in connect ion with an examination for licensure, an application or a license renewal;

(h)	Knowingly making misleading, deceptive, untrue, or fraudulent representations in connection with the filing of any insurance claim;

(i)

Failing to maintain appropriate records whenever controlled drugs are prescribed. Appropriate records, at a minimum, shall contain the following:

1.	The patient's name and address;

2.	The date, drug name, drug quantity, and diagnosis for all controlled drugs; and

3.	Record concerning the patient's history.

(j)	Prescribing for habitual drug users in the absence of substantial pediatric purpose;

(k)	Any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing podiatric practice;

(l)	Committing any act of nonconsensual sexual intimacies, abuse, misconduct or exploitation related to the licensee's practice of podiatry;

(m)

Failing to conform to current recommendations of the Centers for Disease Control (C.D.C.) for the transmission of Immunodeficiency Virus and Hepatitis B. Virus to patients. It is the responsibility of all currently licensed podiatrists to maintain familiarity with these recommendations, which are considered by the Board to be minimum standards of acceptable and prevailing pediatric practice. (Copies of the guidelines may be obtained from the Centers for Disease Control, the Department of Human Resources, or from the Board.)

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