10.40.08.02

.02 Definitions.

A. In the Maryland Podiatry Act, the following words have the meanings indicated.

B. Terms Defined.

(1) "Abandons a patient" includes but is not limited to the failure to treat a patient with whom the podiatrist has had a continual patient-podiatrist relationship, for any reason, including nonpayment of a bill, without giving the patient reasonable notice that the relationship is terminated.

(2) "Foot appliance" means orthotics or prosthetics.

(3) "Postgraduate clinical training" means training beyond the Doctor of Podiatric Medicine degree in a program that is accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association and approved by the Board.

(4) “Practiced actively” means for the immediately preceding 5 years has been actively engaged in the practice of podiatric medicine for at least 400 hours on average per year.

(5) "Unprofessional conduct" includes but is not limited to:

(a) Willful or grossly negligent failure to comply with substantial provisions of federal or State laws, rules, or regulations governing the practice of podiatric medicine;

(b) Exercising undue influence on a patient including the promotion or the sale of services, goods, appliances, or drugs in such manner as to exploit the patient for the financial gain of the practitioner or a third party;

(c) Conduct in the practice of podiatric medicine which evidences moral unfitness to practice the profession;

(d) Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which the podiatrist knows or has reason to know the podiatrist is not competent to perform;

(e) Delegating podiatric medical responsibilities to a person when the podiatrist delegating these responsibilities knows or has reason to know that the person is not qualified by training, experience, or licensure to perform them;

(f) Performing podiatric medical services which have not been duly authorized by the patient or the patient's legal representative;

(g) Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient;

(h) Claiming or using any secret or special method of treatment which the podiatrist refuses to divulge to the Board upon request; or

(i) Fragmentation of a general procedure to increase the reimbursement.