Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice podiatry in this State.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good moral character. The applicant shall be at least 18 years old. The applicant shall be a graduate of a school or college of podiatric medicine that is accredited by the Council on Education of the American Podiatric Medical Association and approved by the Board. Except as otherwise provided in this title, the applicant shall pass: The National Board of Podiatric Medical Examiners licensing examination; and A written examination on the Board’s statute and regulations administered by the Board under § 16–304 of this subtitle. The Board may require an applicant to complete a postgraduate podiatric residency program in: A health care facility licensed or approved by the Department; A program approved by the Council on Education of the American Podiatric Medical Association or its successor; or A program approved by the Board. The Board shall require as part of its examination or licensing procedures that an applicant for a license to practice podiatry demonstrate an oral competency in the English language. Graduation from a recognized English–speaking undergraduate school after at least 3 years of enrollment, or from a recognized English–speaking professional school is acceptable as proof of proficiency in the oral communication of the English language under this section. By regulation, the Board shall develop a procedure for testing individuals who because of their speech impairment are unable to complete satisfactorily a Board approved standardized test of oral competency. If any disciplinary charges or action that involves a problem with the oral communication of the English language are brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of oral competency. The applicant shall submit to a criminal history records check in accordance with § 16–302.1 of this subtitle.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the applicant the criminal history record information of the applicant. Information obtained from the Central Repository under this section: Is confidential; May not be redisseminated; and May be used only for the licensing purpose authorized by this title. The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.

To apply for a license, an applicant shall: Submit an application to the Board on the form that the Board requires; Pay to the Board the application fee set by the Board; and Submit to a State and national criminal history records check in accordance with § 16–302.1 of this subtitle. If the applicant is licensed and has practiced in another state, the applicant shall submit proof of practice that is sufficient to demonstrate current clinical proficiency, as specified in regulations adopted by the Board.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Board shall administer examinations on the Board’s statute and regulations to applicants at least twice a year. The Board shall notify each qualified applicant of the requirements of the examination. For examinations administered under subsection (b) of this section, the Board shall: Provide the books and forms necessary to conduct the examinations; Conduct the examinations in writing; and Except as otherwise provided in this subsection, determine the scope, form, and passing score for the examinations. The Board shall act on each examination promptly.

The Board shall issue a license to any applicant who, by the affirmative vote of a majority of the full authorized membership of the Board, meets the requirements of this title. The Board shall include on each license that the Board issues: The signature of the Secretary of Health attesting that the individual meets the requirements of this title; and A serial number that corresponds to an entry in the registration records of the Board. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 16–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not issue a license if the criminal history record information required under § 16–302.1 of this subtitle has not been received.

A license authorizes the licensee to practice podiatry while the license is effective.

Except as provided for a limited license in § 16-317 of this subtitle, a license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before the license expires, a licensee periodically may renew it for an additional 2-year term, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with any continuing education requirements set under this subtitle for license renewal. The Board may establish continuing education requirements as a condition to the renewal of licenses under this section. The Board shall renew the license of each licensee who meets the requirements of this section. A podiatrist has a grace period of 30 days after the podiatrist’s license expires in which to renew the license retroactively, if the podiatrist: Otherwise is entitled to have the license renewed; and Pays to the Board the renewal fee and any late fee set by the Board. After the grace period of 30 days: The expired license lapses into a nonrenewal status; and The Board may require the licensee to meet the requirements of § 16-308 to be reinstated.

The Board may place a licensee on inactive status, if the licensee submits to the Board: An application for inactive status on the form required by the Board; and The inactive status fee set by the Board. The Board shall issue a license to an individual who is on inactive status if the individual is otherwise entitled to be licensed under this title and submits to the Board: Satisfactory evidence of compliance with the continuing education requirements the Board adopts for this purpose; A reinstatement fee set by the Board; A licensure affidavit; Federation of boards certification of good standing; The response to an inquiry to the national Healthcare Integrity and Protection Data Bank; History of malpractice cases; Proof of out-of-state practice preceding the request for reinstatement that is sufficient to demonstrate current clinical proficiency, as specified in regulations adopted by the Board; and Proof of passing the Ethics-Jurisprudence Examination as administered by the Board within the last licensing cycle preceding the individual’s reinstatement application. The Board shall reinstate the license of a podiatrist who has been on inactive status and who does not meet the requirements of paragraph (2)(vii) of this subsection, if the podiatrist meets the continuing medical education requirements prescribed by the Board. The Board shall reinstate the license of a podiatrist who has been on inactive status and who has failed to renew the license for 1 licensing cycle or a 2-year period, whichever is longer, for any reason, if the podiatrist: Meets the renewal requirements of § 16-307(c) through (f) of this subtitle and subsection (a) of this section; Pays to the Board all past-due renewal fees and the reinstatement fee set by the Board; and Meets the requirements for obtaining a new license under this subtitle.

Each licensee shall notify the Board of any change of address within 30 days of the change of address. The Board shall assess a fee against any licensee who fails to notify the Board of a change of address as required by subsection (a) of this section.

Unless the Board agrees to accept the surrender of a license, a licensed podiatrist or holder of a limited license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee. The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.

Subject to the hearing provisions of § 16–313 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license or a limited license to any applicant, reprimand any licensee or holder of a limited license, impose an administrative monetary penalty not exceeding $50,000 on any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, or suspend or revoke a license or a limited license if the applicant, licensee, or holder: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Abandons a patient; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Has a condition, illness, or disease that may impair the ability of the individual to perform podiatric services; Personally uses a controlled dangerous substance in violation of the law; Prescribes or distributes a controlled dangerous substance to any other person in violation of the law, including in violation of § 1–223 of this article; Promotes the sale to a patient of drugs, devices, appliances, or goods in a manner that exploits the patient for financial gain; Willfully makes or files a false report or record of podiatric services rendered; Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; Submits a false statement to collect a fee; Fails to provide the details of the medical records of a patient to a licensed health care practitioner or institution or an authorized insurance carrier on proper request; Pays or agrees to pay any sum to any person for bringing or referring a patient; Practices podiatry with an unauthorized person or aids an unauthorized person in the practice of podiatry; Grossly overutilizes health care services; Behaves fraudulently, immorally, or unprofessionally in the practice of podiatry; Is professionally or mentally incompetent; Violates any provision of this title; Advertises in a false or misleading manner; Has been disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; Violates any rules or regulations adopted by the Board; Fails to comply with the provisions of § 12–102 of this article; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions; Fails to display the notice required under § 16–404 of this title; Fails to cooperate with a lawful investigation conducted by the Board; or Fails to submit to a criminal history records check in accordance with § 16–302.1 of this subtitle. Subject to the hearing provisions of § 16-313 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may revoke the license of a podiatrist who practices podiatry while the podiatrist’s license is suspended. On an affirmative vote of the majority of its members then serving, the Board may issue advisory opinions when: The Board determines that the licensee should modify or eliminate certain practices and that continuation of the practices may result in an action against the licensee’s license; or The Board determines that there is not sufficient evidence to reprimand the licensee, place the licensee on probation, or suspend or revoke the license of the licensee. The Board may impose a monetary penalty under this section alone or in addition to a reprimand, probation, suspension, or revocation. By regulation, the Board shall establish standards for the imposition of penalties under this section.

The Board may investigate any complaint filed with the Board that alleges that there are grounds for action under § 16-311 of this subtitle. After its investigation, the Board, on the affirmative vote of a majority of its members then serving, may commence action on any of the grounds set forth in § 16-311 of this subtitle. Except as provided in paragraph (2) of this subsection, until the Board passes an order under § 16-314 of this subtitle, each related investigation, report, and recommendation is confidential. On the request of a person who has made a complaint to the Board, the Board shall provide the person with information on the status of the complaint.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 16-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The individual may be represented at the hearing by counsel. Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it. If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court. If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. If, after a hearing, an individual is found in violation of § 16-311 of this subtitle, the individual shall pay the costs of the hearing as specified in a regulation adopted by the Board.

If the Board finds that there are grounds for action under § 16-311 of this subtitle, the Board shall pass an order in accordance with the Administrative Procedure Act. If the Board dismisses all charges, the Board shall expunge all record of the charges 3 years after the charges are dismissed. If the Board issues an advisory opinion, the Board, at the request of the licensee, shall expunge all record of the matter 5 years after the determination is made. If a license is revoked or suspended, the holder shall surrender it to the Board on demand. At the end of a suspension period, the Board shall return to the licensee any license surrendered under this section.

Except as provided in this section for an action under § 16–311 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 16–311 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

The Board may reinstate the license of any individual whose license has been suspended or revoked under this title only in accordance with: The terms and conditions of the order of suspension or revocation; A final judgment in any proceeding for review; or Subsection (b) of this section. If the license was revoked under § 16-311(b) of this subtitle for practicing with a suspended license, it may be reinstated at the discretion of the Board.

The Board may issue a limited license for training to an applicant who: Meets all the requirements of this title for a license to practice podiatry, except the National Board of Podiatric Medical Examiners - Part III examination; Has an appointment for postgraduate clinical training in podiatry or as a podiatric instructor in: A health care facility licensed or approved by the Department; A program approved by the Council on Education of the American Podiatry Association; A program approved by the Board; or A program affiliated with the Council of Podiatric Medical Education; Submits an application to the Board on the form that the Board requires; and Pays to the Board the application fee set by the Board. The Board shall include on any limited license that the Board issues: The name of the health care facility or program to which the individual holds an appointment; and The expiration date of the limited license. A limited license temporarily authorizes the licensee to practice podiatry, while the license is effective, only on: Patients of the health care facility or program named on the license; or Patients of a health care facility or program that is: Affiliated for training purposes with the health care facility or program named on the limited license; and Approved by the Board. A limited license may be issued for a term of 1 year and may be renewed annually.

The Board may issue a temporary license to a podiatrist licensed in another state to practice or teach podiatry in this State if: The license issued from the other state has licensing requirements equivalent to those in this State; and The licensed podiatrist pays a temporary license fee as determined by the Board. A temporary license temporarily authorizes the licensee to practice podiatry, while the license is effective, only on: Patients of the health care facility or program named on the license; or Patients of a health care facility or program that is: Affiliated for training purposes with the health care facility or program named on the temporary license; and Approved by the Board. A temporary license may be issued for a term of 3 months and may be renewed at the discretion of the Board.

An action may be maintained in the name of the State or the Board to enjoin: The unauthorized practice of podiatry; or Conduct that is a ground for disciplinary action under § 16-311 of this subtitle. An action under this section may be brought by: The Board, in its own name; The Attorney General, in the name of the State; or A State’s Attorney, in the name of the State. An action under this section shall be brought in the county where the defendant: Resides; or Engages in the act sought to be enjoined. Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of podiatry under § 16-501 of this title.

The Board may issue a cease and desist order or obtain injunctive relief for a violation of § 16–501 of this title.

While investigating an allegation against a licensee under this title, the Board may require the licensee to submit to an appropriate examination by a health care provider designated by the Board if the Board has reason to believe that the licensee may cause harm to a person. In return for the privilege given to a licensee to practice podiatry in the State, the licensee is deemed to have: Consented to submit to an examination under this section, if requested by the Board in writing; and Waived any claim of privilege as to the testimony or report of a health care provider who examines the licensee. The failure or refusal of the licensee to submit to an examination required under this section is prima facie evidence of the licensee’s inability to practice podiatry competently, unless the Board finds that the failure or refusal was beyond the control of the licensee. The Board shall pay the cost of any examination made under this section.