DEPARTMENT OF REGULATORY AGENCIES Colorado Podiatry Board RULE 135 - COLORADO PODIATRY BOARD RULES ON PODIATRY TRAINING LICENSE- GOOD- FAITH TEMPORARY PODIATRY TRAINING LICENSE 3 CCR 712-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] STATEMENT OF BASIS The basis for the Board’s promulgation of rules and regulations is section 12-32-104(1)(a), C.R.S. The specific statutory authority for the promulgation of these rules is sections 12-32-102(1) and 12-32-107.4, C.R.S.

STATEMENT OF PURPOSE The purpose for enactment of this rule is to immediately comply with section 12-32-107.4, C.R.S., enacted July 1, 2010. Section 12-32-107.4 creates a “podiatry training license” requirement for podiatry residents and fellows who were previously exempt from licensure. Any delay in such licensure would prevent those podiatry residents and fellows currently engaged in an approved residency program from continuing their training while their applications are being processed by the Board. Accordingly, the Board must promulgate a rule that allows for both the temporary training licensure for the podiatry residents and fellows currently engaged in an approved residency program and adequate time for these affected persons to become compliant with the newly enacted requirements. SECTION I. DEFINITIONS A. An “applicant” for the purpose of this rule means a person currently engaged in an approved residency program who is not otherwise licensed to practice podiatry in Colorado.

B. An “approved podiatric medical school” for the purpose of section 12-32-107.4 and this rule means a school of podiatry at which not less than a two-year prepodiatry course and a four-year course of podiatry is required and that is recognized and approved by the Colorado Podiatry Board.

C. An “approved residency” program for purposes of this rule shall be located in Colorado and meet one of the following criteria:

1. 1. Is hospital-based and approved by the Council of Podiatric Medical Education (CPME) of the American Podiatric Medical Association, or 2. Is hospital-based and found, after investigation by the Colorado Podiatry Board, to provide residency training that is substantially equivalent to that provided by CPME-approved residency programs.

D. An “address of record” for purpose of this rule means a current, Colorado address at which the applicant receives mail.

SECTION II. QUALIFICATION FOR GOOD-FAITH TEMPORARY PODIATRY TRAINING LICENSE A. All applicants currently training in an approved residency program shall meet the following criteria to be eligible for a Good-Faith Temporary Podiatry Training License:

1. 1. An address of record for the applicant is on file with the Board;
2. 2. The applicant graduated from an approved podiatric medical school as verified by the applicant’s residency director;
3. 3. The applicant passed the Part I and Part II examinations by the National Board of Podiatric Medical Examiners or its successor organization as verified by the applicant’s residency director;
4. 4. The applicant is currently training in an approved podiatric residency program as verified by the applicant’s residency director;
5. 5. The applicant’s residency director submits a statement that the residency program accepts responsibility for the applicant’s training while in the program. SECTION III. EFFECTIVE TERM OF THE GOOD FAITH TEMPORARY PODIATRY TRAINING LICENSE

A. Effective July 1, 2010, all applicants currently training in an approved residency program meeting the criteria set forth in section II(A) of this rule are, by this rule, granted a Good-Faith Temporary Podiatry Training License.

B. The Good-Faith Temporary Podiatry Training License remains in effect until December 31, 2010, or until such time as the applicant’s application is processed and a Podiatry Training License is either granted or denied pursuant to section 12-32-107.4.

C. The Good-Faith Temporary Podiatry Training License will be terminated immediately upon a determination that:

1. 1. The applicant did not submit a materially complete application in the form and manner designated by the Board within 60 days of the effective date of this rule;
2. 2. The applicant is no longer participating in the approved residency program;
3. 3. The applicant is granted a license to practice podiatry pursuant to section 12-32-107 or 12-32- 108, C.R.S 4. The Board receives information that the applicant does not meet the criteria set forth in section II(A) of this rule;
4. 5. The approved residency program in which the applicant is enrolled ceases to accept responsibility for the applicant’s training while in the program; or 6. The Board denies the application pursuant to section 12-32-107.4.

D. Upon expiration or termination of the Good-Faith Temporary Podiatry Training License the Board will notify the applicant by US Mail sent to the address of record and will notify the applicant’s residency director by e-mail, facsimile, or US Mail.

SECTION IV. Terms of the Good-Faith Temporary Podiatry Training License A. During its effective period, a Good-Faith Temporary Podiatry Training Licenses issued pursuant to this rule shall have the same force and effect as a Podiatry Training License issued pursuant to section 12-3-2-107.4 and shall be considered in compliance with rule 130.

B. All applicants practicing podiatry pursuant to this Good–Faith Temporary Podiatry Training License shall practice within the parameters set forth in section 12-32-107.4, rule 130 and as otherwise provided in the Podiatric Practice Act, § §12-32-101-12-32-202, C.R.S, and Colorado Podiatry Board Rules and Policies.

C. Upon expiration or termination of the Good-Faith Temporary Podiatry Training License, the applicant shall immediately cease the practice of podiatry, including any podiatric practice within the approved residency program, unless the applicant is otherwise licensed pursuant to sections 12- 32-107.4, 12-32-107, 12-32-108, C.R.S.

D. Any continued practice of podiatry upon the expiration or termination of the Good-Faith Temporary Podiatry Training License, unless the applicant is otherwise licensed pursuant to section 12-32- 107.4, 12-32-107, or 12-32-108, C.R.S, may constitute a violation of section 12-32-109 and subject the person to the penalties set forth in 12-32-109,C.R.S Adopted via emergency rule and effective 7/1/10 _____________________________________________________ Editor’s Notes History Entire rule emer. rule eff. 07/01/2010.