N.D. Cent. Code § 43-05-01

Current through 2023 Legislative Sessions

Section 43-05-01 - Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Board" means the North Dakota board of podiatric medicine.

2. "Clinical residency" means a formal, structured postdoctoral training program approved by the board, which is sponsored by and conducted in an accredited institution approved by the board or conducted by a college of podiatric medicine accredited and approved by the council on podiatric medical education, American podiatric medical association, or other accrediting agency approved by the board. The term also includes a preceptorship approved by the board until January 1, 1995.

3. "False or misleading statement or advertising" includes a statement, claim, or advertising that:

a. Contains a misrepresentation of fact;

b. Is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts;

c. Is intended or is likely to create false or unjustified expectations of favorable results;

d. Appeals to an individual's anxiety in an excessive or unfair way;

e. Contains material claims of superiority that cannot be substantiated;

f. Misrepresents a podiatrist's credentials, training, experience, or ability;

g. Contains other representations or implications that in reasonable probability will cause an ordinary, prudent person to misunderstand or be deceived; or

h. Represents that a manifestly incurable condition, sickness, disease, or injury can be cured.

4. "Health care facility" means a medical hospital, skilled nursing care facility, intermediate care facility, basic care facility, boarding house, or swing-bed hospital approved to furnish long-term care service, or any other facility licensed to provide health care services.

5. "Podiatric medicine" means:

a. The medical and surgical treatment and diagnosis of ailments of the human foot, ankle, and other related soft tissue structures below the tibial tuberosity that govern the functions of the foot and ankle, not including extra articular osseous injuries above the distal metaphyseal scar. Podiatrists may treat and diagnose conditions of the foot and ankle by any medically accepted system or method necessary;

b. The amputation of the toes, parts of the foot, or foot in its entirety, indicated as medically necessary;

c. The use of such preparations, medicines, and drugs as may be necessary for the treatment of such ailments;

d. The performance of history and physical examinations upon admitting patients to facilities where they are recognized with requisite credentials and privileges;

e. That podiatrists may function as assistant surgeons in nonpodiatric procedures; and

f. That podiatric medical residents working under a temporary permit may fully participate in rotations and assist and perform treatments and diagnosis beyond the foot and ankle, under appropriate supervision within an approved residency program as part of their medical surgical training.

6. "Podiatrist" means a person who is qualified to practice podiatric medicine in this state.

7. "Preceptorship" means a formal, structured postdoctoral training program approved by the board and conducted by a podiatrist primarily in an office setting and controlled and supervised by a college of podiatric medicine accredited by the council on podiatric medical education, American podiatric medical association, or another accrediting agency approved by the board.

8. "Provider" means a licensed person, homecare provider, medical or health services clinic, hospital, or health care facility, organization, institution, or agency that furnishes health care services.

N.D.C.C. § 43-05-01

Amended by S.L. 2015, ch. 286 (SB 2128),§ 1, eff. 8/1/2015.