Amends, repeals, and adds to existing law to provide for the Podiatric Medical Practice Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 787 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO PODIATRISTS; REPEALING CHAPTER 6, TITLE 54, IDAHO CODE, RELATING2 TO PODIATRISTS; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW3 CHAPTER 6, TITLE 54, IDAHO CODE, TO DEFINE PODIATRY, TO PROVIDE THAT4 LICENSURE IS A PREREQUISITE TO PRACTICE, TO ESTABLISH POWERS AND DUTIES5 OF THE STATE BOARD OF MEDICINE, TO ESTABLISH PROVISIONS REGARDING AP-6 PLICATION AND EXAMINATION FOR LICENSE, TO PROVIDE FOR LICENSE ISSUANCE7 AND RENEWALS, TO ESTABLISH GROUNDS FOR LICENSE SUSPENSION, DENIAL,8 REFUSAL TO RENEW, OR REVOCATION, TO DEFINE UNPROFESSIONAL CONDUCT, TO9 ESTABLISH PROCEEDINGS FOR SUSPENSION, REVOCATION, OR OTHER DISCIPLINE10 OF LICENSURE, TO PROVIDE FOR LICENSURE BY ENDORSEMENT, TO PROVIDE THAT11 PRACTICING WITHOUT A LICENSE SHALL BE A FELONY, AND TO PROVIDE FOR CER-12 TAIN DISPOSITION OF FUNDS AND PROPERTY; AMENDING SECTION 54-1805, IDAHO13 CODE, TO REVISE PROVISIONS REGARDING THE COMPOSITION OF THE BOARD OF14 MEDICINE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-1395,15 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE PRACTICE OF PODIATRY AND16 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-4401, IDAHO CODE,17 TO REVISE A DEFINITION AND TO MAKE A TECHNICAL CORRECTION; PROVIDING18 THAT CERTAIN ADMINISTRATIVE RULES CONTAINED IN IDAPA 24.11.01 SHALL19 BE NULL, VOID, AND OF NO FORCE AND EFFECT; PROVIDING SEVERABILITY; AND20 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.21

Be It Enacted by the Legislature of the State of Idaho:22

SECTION 1. That Chapter 6, Title 54, Idaho Code, be, and the same is23 hereby repealed.24

SECTION 2. That Title 54, Idaho Code, be, and the same is hereby amended25 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-26 ter 6, Title 54, Idaho Code, and to read as follows:27 CHAPTER 628 PODIATRIC MEDICAL PRACTICE ACT29 54-601. PODIATRY DEFINED. (1) Podiatry shall, for the purpose of this30 chapter, mean the diagnosis and mechanical, electrical, medical, physical,31 and surgical treatment of ailments of the human foot and leg and the casting32 of feet for the purpose of preparing or prescribing corrective appliances,33 prosthetics, or custom orthopedic shoes for corrective treatment; how-34 ever, the casting of feet for preparing corrective appliances, prosthetics,35 or custom orthopedic shoes may be permitted on the prescription of a duly36 licensed person in the healing arts in this state. Podiatrists shall be37 limited in their practice to the human foot and leg. Surgical treatment,38 as herein used, shall mean the surgical treatment of the foot and ankle and39 those soft tissue structures below the knee governing the function of the40 foot and ankle, but it shall not include the amputation of the leg, surgery of41

2 the knee joint, surgery of the bony structures proximal to the distal half of1 the tibia, or the administration or monitoring of general anesthesia.2 (2) Advanced surgical procedures, as determined by the state board of3 medicine, shall be performed in a licensed hospital or certified ambulatory4 surgical center accredited by the joint commission or the accreditation as-5 sociation for ambulatory health care where a peer review system is in place.6 (3) A podiatrist may administer narcotics and medications in the treat-7 ment of ailments of the human foot and leg in the same manner as a physician8 licensed to practice pursuant to chapter 18, title 54, Idaho Code.9 (4) A podiatrist is defined as a natural person who practices podiatry10 within the scope of this chapter and shall be referred to as a podiatric11 physician and surgeon. Nothing within this chapter shall prohibit any12 physician or surgeon, registered and licensed as such and authorized to13 practice under the laws of the state of Idaho, or any physician or surgeon of14 the United States army, navy, or public health service when in actual perfor-15 mance of his duties from practicing medicine and surgery.16 54-602. LICENSE A PREREQUISITE TO PRACTICE. It is unlawful for any17 person to practice podiatry unless licensed to do so as provided in this18 chapter.19 54-603. POWERS AND DUTIES OF STATE BOARD OF MEDICINE. The state board20 of medicine, herein referred to as the board, shall have the following powers21 and duties:22 (1) To ascertain the qualifications and fitness of applicants to prac-23 tice podiatry and to pass upon the qualifications of applicants for licenses24 by endorsement; and25 (2) To conduct hearings and proceedings for discipline of licensees as26 set forth in this chapter.27 54-604. APPLICATION AND EXAMINATION FOR LICENSE. (1) Every person,28 except as hereinafter provided, desiring to practice podiatry within this29 state shall make application to the board in the form designated by the30 board. Such application shall be accompanied by an application fee not to31 exceed two hundred dollars ($200) and an original license fee not to exceed32 four hundred dollars ($400).33 (2) Each applicant shall:34 (a) Not have been convicted or found guilty in this state or in any other35 state of a crime that is deemed relevant in accordance with the provi-36 sions of section 67-9411(1), Idaho Code;37 (b) Submit to a fingerprint-based criminal history background check in38 accordance with the provisions of section 67-9411A, Idaho Code;39 (c) Be a graduate of a four (4) year school of podiatry located within40 the United States or Canada approved by the council on podiatric medical41 education and the American podiatric medical association, or its for-42 eign equivalent;43 (d) Have completed an accredited podiatric residency approved by the44 council on podiatric medical education of no less than twenty-four (24)45 months, a minimum of twelve (12) months of which shall be surgical.46

3 Proof of completion shall be received directly from the residency pro-1 gram; and2 (e) Pass all parts of the American podiatric medical licensing examina-3 tion administered by the national board of podiatric medical examiners.4 54-605. LICENSES -- ISSUANCE -- RENEWALS. (1) If an applicant passes a5 satisfactory examination and shows that he is a person who has not been con-6 victed or found guilty in this state or in any other state of a crime that is7 deemed relevant in accordance with section 67-9411(1), Idaho Code, and that8 he possesses the qualifications of a licensed podiatrist required by this9 chapter, he shall be entitled to a license authorizing him to practice podi-10 atry within the state of Idaho. The successful applicant shall be issued a11 license by the division of occupational and professional licenses upon pay-12 ment of the original license fee.13 (2) In order to maintain and renew a license, licensees must submit14 proof of completion of thirty (30) hours of continuing education every two15 (2) years, reported with their renewal application. All continuing educa-16 tion courses shall be germane to the practice of podiatry. The renewal fee17 shall not exceed five hundred dollars ($500).18 54-606. LICENSES -- GROUNDS FOR SUSPENSION, DENIAL, REFUSAL TO RENEW,19 OR REVOCATION. No license may be issued, and a license previously issued may20 be suspended, revoked, or otherwise disciplined, if the person applying or21 the person licensed is:22 (1) Found guilty by a court of competent jurisdiction of a crime that is23 deemed relevant in accordance with section 67-9411(1), Idaho Code;24 (2) Found by the board to be a repeated and excessive abuser of any drug,25 including alcohol, or any controlled substance;26 (3) Found by the board to be in violation of any provision of this chap-27 ter;28 (4) Found by the board to have used fraud or deception in the procuring29 of any license;30 (5) Found by the board to have had any action, including denial of a li-31 cense or the voluntary surrender of or voluntary limitation on a license,32 taken against the licensee by any peer review body, any health care insti-33 tution, any professional medical society or association, or any court, law34 enforcement, or governmental agency;35 (6) Found by the board to have failed to comply with the applicable36 standard of podiatric care; or37 (7) Found by the board to have failed to cooperate in a board investiga-38 tion or to comply with a board order.39 54-607. UNPROFESSIONAL CONDUCT DEFINED. It shall constitute unpro-40 fessional conduct justifying suspension, revocation, or other discipline of41 a license for any person holding a license to practice podiatry to:42 (1) Offer, give, or promise, either directly or indirectly, any gift in43 return for the procurement of a patient or patients for podiatric treatment;44 (2) Request, list, accept, or receive any rebates or commission for45 prescribing or recommending any footwear, drug, medicine, or any other ar-46 ticle, to his patients;47

4 (3) Prescribe, dispense, or pretend to use, in treating any patient,1 any secret remedial agent, or manifest or promote its use in any way, or guar-2 antee or imply to guarantee any treatment, therapy, or remedy whatsoever;3 (4) Use any form of advertising that is false, misleading, or decep-4 tive;5 (5) Use any title other than that of podiatrist or doctor of podiatric6 medicine. The term "foot specialist" or "physician and surgeon of the feet"7 may be used as explanatory terms of the title podiatrist but not alone or as a8 substitute therefor;9 (6) Employ a solicitor or solicitors to obtain business;10 (7) Publish or use untruthful or improbable statements with the intent11 of deceiving or defrauding the public or any patient; or12 (8) Violate the applicable standard of podiatric care for the ethical13 practice of podiatry in this state as described in this chapter.14 54-608. PROCEEDINGS FOR SUSPENSION, REVOCATION, OR OTHER DISCIPLINE15 OF LICENSE. (1) Proceedings for the suspension, revocation, or other disci-16 pline of a license shall be conducted in accordance with the provisions of17 chapter 52, title 67, Idaho Code.18 (2) The board shall have the power to administer oaths, take deposi-19 tions of witnesses within or without the state in the manner provided by law20 in civil cases, and, throughout the state of Idaho, to require the attendance21 of such witnesses and the production of such books, records, and papers as22 it may desire, relevant to any hearing before it of any matter that it has23 authority to investigate, and for that purpose, the board may issue a sub-24 poena for any witness or a subpoena duces tecum to compel the production of25 books, records, or papers, directed to the sheriff of any county of the state26 of Idaho where such witness resides or may be found, which shall be served27 and returned in the same manner as a subpoena in a criminal case. Fees and28 mileage of the witnesses shall be the same as that allowed in the district29 courts in criminal cases and shall be paid from any funds in the state trea-30 sury in the same manner as other expenses of the board are paid. In the event31 of disobedience to or neglect of any subpoena or subpoena duces tecum served32 on any person, or the refusal of any witness to testify to any matter regard-33 ing which he may be lawfully interrogated, it shall be the duty of the dis-34 trict court of any county in this state in which such disobedience, neglect,35 or refusal occurs, or any judge thereof, upon application by the board, to36 compel obedience by proceedings for contempt as in the case of disobedience37 of the requirements of a subpoena issued from such court or for refusal to38 testify therein. The licensed person accused shall have the same right of39 subpoena upon making application to the board therefor.40 (3) If the board finds that the licensed person accused has violated any41 of the provisions of this chapter, the board may enter an order that includes42 one (1) or more of the following:43 (a) Revoking the respondent's license to practice podiatric medicine;44 (b) Suspending or restricting the respondent's license to practice po-45 diatric medicine;46 (c) Imposing conditions or probation on the respondent's license, in-47 cluding requiring rehabilitation or remediation;48 (d) Issuing a public reprimand;49

5 (e) Imposing an administrative fine not to exceed ten thousand dollars1 ($10,000) for each count or offense; or2 (f) Assessing costs and attorney's fees against the respondent for any3 investigation, administrative proceeding, or both.4 54-609. LICENSE BY ENDORSEMENT. The board may issue a license to an ap-5 plicant by endorsement where the applicant has passed an examination for and6 is currently licensed to practice podiatry in another state. The applicant7 shall satisfy in all other respects the requirements for licensure in this8 chapter. All applications for licensure by endorsement must be accompanied9 by an application fee.10 54-610. PRACTICE WITHOUT A LICENSE A FELONY. Any person who practices11 or attempts to practice podiatry, who publicly advertises as a podiatrist,12 who uses the title chiropodist, podiatrist, or any other word, title, or ab-13 breviation calculated to induce belief that he is engaged in the practice of14 podiatry, or who holds himself out to the public as diagnosing the ailments15 of or treating in any manner the human foot by medical, physical, or surgical16 methods without a license as provided in this chapter shall be deemed guilty17 of a felony.18 54-611. DISPOSITION OF FUNDS AND PROPERTY. (1) On July 1, 2026, or soon19 as practicable thereafter, the division of occupational and professional20 licenses shall transfer any outstanding assets, moneys, obligations, or21 liabilities of the state board of podiatry to the state board of medicine.22 (2) All fees received under the provisions of this chapter shall be paid23 to the division of occupational and professional licenses and deposited into24 the state treasury to the credit of the occupational licenses fund, and all25 costs and expenses incurred under the provisions of this chapter shall be a26 charge against and paid from said fund.27

SECTION 3. That Section 54-1805, Idaho Code, be, and the same is hereby28 amended to read as follows:29 54-1805. THE STATE BOARD OF MEDICINE ESTABLISHED. (1) There is hereby30 established in the division of occupational and professional licenses a31 state board of medicine to be composed of eleven (11) members.32 (2)(a) The board shall consist of eleven (11) members. The director33 of the Idaho state police or the director's designated agent shall be a34 member of the board. Seven (7) members shall be physicians who are res-35 idents of this state and engaged in the active practice of medicine in36 this state, two (2) members shall be public members, and one (1) member37 shall be a physician assistant who is a resident of this state and en-38 gaged in the active practice of medicine in this state.39 (b) All physician and physician assistant appointments to the board40 shall be for a single six (6) year term. The physician members shall41 consist of six (6) members who are licensed to practice medicine in42 this state and one (1) member who is licensed to practice osteopathic43 medicine in this state. The physician assistant member shall be44 licensed to practice medicine in this state. Whenever a term of a mem-45 ber of the board who is licensed to practice medicine or osteopathic46

6 medicine expires or becomes vacant, the governor shall consider rec-1 ommendations provided by professional organizations of physicians and2 physician assistants and by any individual residing in this state for3 appointment.4 (c) All public members shall be appointed by the governor for three (3)5 year terms. Public members must reside in the state and be persons of6 integrity and good reputation who have lived in this state for at least7 five (5) years immediately preceding their appointment, who have never8 been authorized to practice a healing art, and who have never had a sub-9 stantial personal, business, professional, or pecuniary connection10 with a healing art or with a medical education or health care facility,11 except as patients or potential patients.12 (2)(a) Six (6) members shall be physicians who are licensed and engaged13 in the active practice of medicine in this state, one (1) member shall14 be licensed and engaged in the active practice of osteopathic medicine15 in this state, one (1) member shall be licensed and engaged in the active16 practice of podiatric medicine in this state, one (1) member shall be a17 physician assistant who is licensed and engaged in the active practice18 of medicine in this state, and two (2) members shall be public members.19 (b) All members of the board shall be residents of this state.20 (c) All members of the board shall be appointed by the governor for five21 (5) year terms and shall serve at the pleasure of the governor.22 (d) Public members must be persons of integrity and good reputation who23 have lived in this state for at least five (5) years immediately pre-24 ceding their appointment, who have never been authorized to practice a25 healing art, and who have never had a substantial personal, business,26 professional, or pecuniary connection with a healing art or with a med-27 ical education or health care facility, except as patients or potential28 patients.29 (3) Appointments to fill vacancies occurring from some other reason30 than expiration of a term for which a member was appointed shall be made in31 the same manner as hereinabove set forth for the unexpired term. All board32 members shall serve at the pleasure of the governor.33 (4) The board shall elect a chairman from its membership. The members34 of the board, except for state employees, shall be compensated as provided35 by section 59-509(p), Idaho Code. Six (6) members of the board shall consti-36 tute a quorum, and the board may act by virtue of a majority vote of members37 present at a meeting.38

SECTION 4. That Section 39-1395, Idaho Code, be, and the same is hereby39 amended to read as follows:40 39-1395. PRACTICE OF PODIATRY -- MEDICAL STAFF MEMBERSHIP. Except as41 otherwise provided in this section, no provision or provisions of this sec-42 tion shall in any way change or modify the authority or power of the governing43 body of any hospital to make such rules, standards or qualifications for med-44 ical staff membership as they, in their discretion, may deem necessary or ad-45 visable, or to grant or refuse membership on a medical staff.46 An applicant for medical staff membership may not be denied membership47 solely on the ground that the applicant holds a license to practice podiatry48 issued by the Idaho state board of podiatry medicine. The criteria utilized49

7 for granting medical staff membership shall be reasonable and shall not dis-1 criminate against podiatry.2 The process for considering applications for medical staff membership3 and privileges shall afford each applicant due process.4 All applications for medical staff membership shall be acted upon on5 within one hundred twenty (120) days from the date the required information6 is submitted.7 The accordance and delineation of clinical privileges for podiatrists8 shall be determined on an individual basis and commensurate with the appli-9 cant's education, training, experience and demonstrated competence. In im-10 plementing these procedures, each hospital shall formulate and apply rea-11 sonable standards that do not discriminate in the evaluation of an appli-12 cant's credentials.13 A member of the medical staff licensed pursuant to chapter 18, title 54,14 Idaho Code, shall have responsibility for the overall medical care of the pa-15 tient while in the hospital. Arrangements for the services of a member of the16 medical staff licensed pursuant to chapter 18, title 54, Idaho Code, for the17 purposes of this section shall be the sole responsibility of the admitting18 podiatrist and not that of the hospital or any other member of the medical19 staff.20

SECTION 5. That Section 54-4401, Idaho Code, be, and the same is hereby21 amended to read as follows:22 54-4401. DEFINITIONS. As used in this chapter:23 (1) "Board" means:24 (a) The state board of podiatry as established in chapter 6, title 54,25 Idaho Code;26 (b) (a) The state board of chiropractic physicians as established in27 chapter 7, title 54, Idaho Code;28 (c) (b) The state board of dentistry as established in chapter 9, title29 54, Idaho Code;30 (d) (c) The state board of nursing as established in chapter 14, title31 54, Idaho Code;32 (e) (d) The state board of optometry as established in chapter 15, title33 54, Idaho Code;34 (f) (e) The state board of pharmacy as established in chapter 17, title35 54, Idaho Code;36 (g) (f) The state board of medicine as established in chapter 18, title37 54, Idaho Code;38 (h) (g) The board of veterinary medicine as established in chapter 21,39 title 54, Idaho Code;40 (i) (h) The Idaho state board of psychologist examiners as established41 in chapter 23, title 54, Idaho Code;42 (j) (i) The state board of social work examiners as established in chap-43 ter 32, title 54, Idaho Code;44 (k) (j) The Idaho state counselor licensing board as established in45 chapter 34, title 54, Idaho Code; and46 (l) (k) Any health care related board granted licensing authority by47 the legislature after July 1, 1993.48

8 (2) "Peer assistance entity" means an organization, a program, a com-1 mittee or a professional association which that is designed to address any2 or all of the following issues affecting practitioners of the health care3 professions: chemical dependency and/or impairment; psychological impair-4 ment; and mental or physical impairment.5

SECTION 6. The rules contained in IDAPA 24.11.01, State Board of Podia-6 try, relating to the State Board of Podiatry, shall be null, void, and of no7 force and effect on and after July 1, 2026.8

SECTION 7. SEVERABILITY. The provisions of this act are hereby declared9 to be severable and if any provision of this act or the application of such10 provision to any person or circumstance is declared invalid for any reason,11 such declaration shall not affect the validity of the remaining portions of12 this act.13

SECTION 8. An emergency existing therefor, which emergency is hereby14 declared to exist, this act shall be in full force and effect on and after15 July 1, 2026.16