INTRODUCTION Basis: The general authority for the promulgation of rules and regulations by the Colorado Podiatry Board is set forth in Section 12-32-104(1)(a), C.R.S., as amended. Specific authority for the promulgation of rules regarding financial liability requirements is set forth in Section 12-32-102(2), C.R.S., (1995 Supp.).

Purpose: Section 12-32-102(2), C.R.S., sets forth financial responsibility requirements to be met by all Colorado licensed podiatrists who perform surgical procedures. However, the Colorado Podiatry Board must, by rule, establish financial responsibility standards for podiatrists who do not perform surgical procedures. These rules have been adopted by the Colorado Podiatry Board in order to comply with the requirements of C.R.S. 12-32-102(2).

RULES AND REGULATIONS 1. Pursuant to the requirements of Section 12-32-102(2), C.R.S., every podiatrist who performs surgical procedures as part of his podiatric practice and who holds or desires to obtain a Colorado license must maintain professional liability insurance coverage with an insurance company authorized to do business in this state in a minimum indemnity amount of $500,000 per incident and $1,500,000 annual aggregate per year.

2. Pursuant to these rules, every podiatrist who does not perform surgical procedures and who holds or desires to obtain a Colorado license must maintain professional liability insurance coverage with an insurance company authorized to do business in this state in a minimum indemnity amount of $200,000 per incident and $600,000 annual aggregate per year. 3. Pursuant to these rules, a podiatrist whose podiatric practice falls entirely within one or more of the following categories is exempt from the requirements set forth in paragraphs 1 and 2, above: a. A podiatrist who is completely and permanently retired from the practice of podiatry. b. A podiatrist who does not engage in any patient care whatsoever within the State of Colorado. c. A federal civilian or military podiatrist whose practice is limited solely to that required by his federal/military agency.

d. A podiatrist who is not engaged in any patient care whatsoever (administrators, researchers, academicians, those engaged in endeavors outside of podiatry, e.g.). e. A podiatrist who is covered by individual commercial professional liability coverage maintained by an employer/contracting agency in the amounts set forth in paragraph 1 or 2, above. f. A podiatrist who provides uncompensated care to patients, and who does not otherwise engage in any compensated patient care whatsoever provided such podiatrist does not perform surgical procedures as defined in this rule.

g. A podiatrist whose practice is as a public employee under the “Colorado Governmental Immunity Act.”

4. Any podiatrist who claims exemption from the financial responsibility requirements must provide such information as may be requested by the Board in order to establish eligibility for any such exemption.

5. For purposes of this rule, “surgical procedures” means any procedure that involves cutting through the skin to a level deeper than the dermis.

Effective 10/1/95; Reapproved 5/7/99