C.R.S. § 12-290-101 Applicability of common provisions
12-290-101. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 290.
Podiatrists
C.R.S. tit. 12, art. 290
in effectC.R.S. § 12-290-102 Definitions
12-290-102. Definitions. As used in this article 290, unless the context otherwise requires:
(1) "Board" means the Colorado podiatry board established pursuant to section 12-290-105.
(2) "Podiatric physician" or "podiatrist" means any person who practices podiatry.
(3) (a) "Practice of podiatry" or "podiatric medicine" means:
(I) Holding out one's self to the public as being able to treat, prescribe for, palliate, correct, or prevent any disease, ailment, pain, injury, deformity, or physical condition of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue below the mid-calf, by the use of any medical, surgical, mechanical, manipulative, or electrical treatment, including complications thereof consistent with the scope of practice;
(II) Suggesting, recommending, prescribing, or administering any podiatric form of treatment, operation, or healing for the intended palliation, relief, or cure of any disease, ailment, injury, condition, or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including complications thereof consistent with the scope of practice; and
(III) Maintaining an office or other place for the purpose of examining and treating persons afflicted with disease, injury, or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including the complications thereof consistent with the scope of practice.
(b) The "practice of podiatry" does not include the amputation of the foot or the administration of an anesthetic other than a local anesthetic.
(c) A podiatrist may only treat a soft tissue wound below the mid-calf if the patient is being treated by a physician for his or her underlying medical condition or if the podiatrist refers the patient to a physician for further treatment of the underlying medical condition.
(4) "Soft tissue wound" means a lesion to the musculoskeletal junction that include dermal and sub-dermal tissue that do not involve bone removal or repair or muscle transfer.
C.R.S. § 12-290-103 Podiatric surgery
12-290-103. Podiatric surgery. (1) Surgical procedures on the ankle below the level of the dermis may be performed by a podiatrist licensed before July 1, 2010, in this state who:
(a) Is certified by the American Board of Podiatric Surgery or its successor organization;
(b) Is performing surgery under the direct supervision of a licensed podiatrist certified by the American Board of Podiatric Surgery or its successor organization; except that, if the supervising podiatrist is licensed on or after July 1, 2010, the supervising podiatrist shall be certified in reconstructive rearfoot/ankle surgery or foot and ankle surgery by the American Board of Podiatric Surgery or its successor organization; or
(c) Is performing surgery under the direct supervision of a person licensed to practice medicine and certified by the American Board of Orthopaedic Surgery or its successor organization or by the American Osteopathic Board of Orthopedic Surgery or its successor organization.
(2) Surgical procedures on the ankle below the level of the dermis may be performed by a podiatrist licensed on or after July 1, 2010, in this state who:
(a) Is certified in reconstructive rearfoot/ankle surgery or foot and ankle surgery by the American Board of Podiatric Surgery or its successor organization;
(b) Is performing surgery under the direct supervision of a licensed podiatrist certified by the American Board of Podiatric Surgery or its successor organization; except that, if the supervising podiatrist is licensed on or after July 1, 2010, the supervising podiatrist shall be certified in reconstructive rearfoot/ankle surgery or foot and ankle surgery by the American Board of Podiatric Surgery or its successor organization;
(c) Is performing surgery under the direct supervision of a person licensed to practice medicine and certified by the American Board of Orthopaedic Surgery or its successor organization or by the American Osteopathic Board of Orthopedic Surgery or its successor organization; or
(d) Has completed a three-year surgical residency approved by the board.
C.R.S. § 12-290-104 Podiatry license required - professional liability insurance required - exceptions - rules
12-290-104. Podiatry license required - professional liability insurance required - exceptions - rules. (1) (a) It is unlawful for any person to practice podiatry within the state of Colorado who does not hold a license to practice medicine issued by the Colorado medical board pursuant to article 240 of this title 12 or a license to practice podiatry issued by the Colorado podiatry board as provided by this article 290.
(b) A person serving in an approved residency program must obtain a podiatry training license issued by the Colorado podiatry board pursuant to section 12-290-110. As used in this subsection (1)(b), an "approved residency" is a residency in a hospital conforming to the minimum standards for residency training established or approved by the Colorado podiatry board, which has the authority, upon its own investigation, to approve any residency.
(2) It is unlawful for any person to practice podiatry within the state of Colorado unless the person purchases and maintains professional liability insurance as follows:
(a) If the person performs surgical procedures, professional liability insurance shall be maintained in an amount not less than one million dollars per claim and three million dollars per year for all claims.
(b) The Colorado podiatry board shall by rule establish financial responsibility standards for podiatrists who do not perform podiatric surgical procedures and who sign an affidavit attesting to that fact. The board may determine that no professional liability insurance requirements apply to the persons or may impose standards that shall not in any event exceed those prescribed in subsection (2)(a) of this section.
C.R.S. § 12-290-105 Appointment of members of podiatry board - terms - review of functions - repeal of article
12-290-105. Appointment of members of podiatry board - terms - review of functions - repeal of article. (1) The Colorado podiatry board is hereby established. The governor shall appoint the members of the board. The board shall consist of four podiatrist members and one member from the public at large. The member from the public shall not be a licensed health-care professional or be employed by or benefit financially from the health-care industry. The terms of the members of the board shall be four years. The governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Members of the board shall remain in office until their successors are appointed.
(2) The board shall elect biennially from its membership a president and a vice-president. A majority of the board shall constitute a quorum for the transaction of all business.
(3) Members of the board shall be immune from suit in any action, civil or criminal, based upon any disciplinary proceedings or other official acts performed in good faith as members of the board.
(4) This article 290 is repealed, effective September 1, 2026. Before the repeal, the functions of the board are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-290-106 Powers and duties of board - limitation on authority - rules
12-290-106. Powers and duties of board - limitation on authority - rules. (1) The board shall regulate the practice of podiatry and is a type 1 entity, as defined in section 24-1-105. The board exercises, subject to this article 290, the following powers, duties, and functions:
(a) Adopt and from time to time revise rules pursuant to section 12-20-204, including rules governing advertising by licensees to prevent the use of misleading, deceptive, or false advertising;
(b) Examine, license, and renew licenses of duly qualified podiatric applicants;
(c) Make investigations, hold hearings, including hearings upon complaints concerning disciplining podiatrists, and take evidence in accordance with section 12-20-403 in all matters relating to the exercise and performance of the powers and duties vested in the board;
(d) Cause the prosecution of and seek injunctions in accordance with section 12-20-406 against all persons violating this article 290; and
(e) Approve or refuse to approve podiatric colleges.
(2) The authority granted the board under the provisions of this article 290 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.
C.R.S. § 12-290-107 Examination as to qualifications - rules
12-290-107. Examination as to qualifications - rules. (1) Every person desiring to practice podiatry in this state shall be examined as to the person's qualifications, except as otherwise provided in this article 290. Each applicant shall submit, in a manner approved by the board, an application containing satisfactory proof that the applicant:
(a) Is at least twenty-one years of age;
(b) Is a graduate of 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 board;
(c) Has completed one year of a residency program approved by the board as established by rules promulgated by the board;
(c.5) Has passed an examination approved by the board as established by rules promulgated by the board; and
(d) In the two years immediately preceding the date the application is received by the board, has been enrolled in podiatric medical school or in a residency program, has passed the national examination, has been engaged in the active practice of podiatry as defined by the board, or can otherwise demonstrate competency as determined by the board.
C.R.S. § 12-290-108 Issuance, revocation, or suspension of license - probation - unprofessional conduct - definitions - immunity in professional review
12-290-108. Issuance, revocation, or suspension of license - probation - unprofessional conduct - definitions - immunity in professional review. (1) (a) If the board determines that an applicant possesses the qualifications required by this article 290, has paid a fee to be determined and collected pursuant to section 12-20-105, and is entitled to a license to practice podiatry, the board shall issue the license.
(b) If the board determines that an applicant for a license to practice podiatry does not possess the qualifications required by this article 290 or that the applicant has done any of the acts defined in subsection (3) of this section as unprofessional conduct, the board may refrain from issuing a license, and the applicant may proceed as provided in section 24-4-104 (9).
(2) The board may take disciplinary or other action as authorized in section 12-20-404 against a licensee who is guilty of any unprofessional conduct.
(3) "Unprofessional conduct" as used in this article 290 means:
(a) Resorting to fraud, misrepresentation, or material deception, or making a misleading omission, in applying for, securing, renewing, or seeking reinstatement of a license to practice podiatry in this state or any other state, in applying for professional liability coverage required pursuant to section 12-290-118 or for privileges at a hospital or other health-care facility, or in taking the examination required in this article 290;
(b) Conviction of a felony or any crime that would constitute a violation of this article 290. For purposes of this subsection (3)(b), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
(c) Habitual or excessive use or abuse of alcohol or controlled substances;
(d) Aiding or abetting in the practice of podiatry any person not licensed to practice podiatry or any person whose license to practice podiatry is suspended;
(e) Any act or omission that fails to meet generally accepted standards of the practice of podiatry;
(f) (I) Except as otherwise provided in section 25-3-103.7, practicing podiatry as:
(A) The partner, agent, or employee of, or in joint venture with, any person who does not hold a license to practice podiatry within this state;
(B) An employee of, or in joint venture with, any partnership or association any of whose partners or associates do not hold a license to practice podiatry within this state; or
(C) An employee of, or in joint venture with, any corporation other than a professional service corporation for the practice of podiatry as provided for in sections 12-290-116 (5) and 12-290-118.
(II) Any licensee holding a license to practice podiatry in this state may accept employment from any person, partnership, association, or corporation to examine and treat the employees of the person, partnership, association, or corporation.
(g) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of this article 290, an applicable provision of article 20 or 30 of this title 12, any rule promulgated by the board pursuant to this article 290, or any final agency order;
(h) Administering, dispensing, or prescribing any habit-forming drug or any controlled substance, as defined in section 18-18-102 (5), other than in the course of legitimate professional practice, which includes only prescriptions related to the scope of podiatric medicine;
(i) Conviction of violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, as defined in section 18-18-102 (5). For the purposes of this subsection (3)(i), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.
e, which includes only prescriptions related to the scope of podiatric medicine;
(i) Conviction of violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, as defined in section 18-18-102 (5). For the purposes of this subsection (3)(i), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.
(j) Failing to:
(I) Notify the board of a physical illness, physical condition, or behavioral or mental health disorder that affects the podiatrist's ability to practice podiatric medicine with reasonable skill and safety to patients;
(II) Act within the limitations created by a physical illness, physical condition, or behavioral or mental health disorder that renders the podiatrist unable to practice podiatric medicine with reasonable skill and safety to patients; or
(III) Comply with the limitations agreed to under a confidential agreement entered pursuant to section 12-290-123.
(k) Advertising that is misleading, deceptive, or false;
(l) (I) Violation or abuse of health insurance pursuant to section 18-13-119; or
(II) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3);
(m) Engaging in a sexual act with a patient during the course of patient care or during the six-month period immediately following the termination of such care. "Sexual act", as used in this subsection (3)(m), means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.
(n) Performing any procedure in the course of patient care beyond the podiatrist's training and competence. This subsection (3)(n) shall not be construed to authorize a licensed podiatrist to act beyond the scope of the practice of podiatry.
(o) Engaging in any of the following activities and practices: Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment that is demonstrably unnecessary; the failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of podiatry as interpreted by the board;
(p) Falsifying or repeatedly making incorrect essential entries or repeatedly failing to make essential entries on patient records;
(q) Committing a fraudulent insurance act, as defined in section 10-1-128;
(r) Refusing to complete and submit the renewal questionnaire, or failing to report all of the relevant facts, or falsifying any information on the questionnaire as required pursuant to section 12-290-119;
(s) Failing to report to the board any podiatrist known to have violated or, upon information or belief, believed to have violated any of the provisions of this subsection (3);
(t) Dividing fees or compensation or billing for services performed by an unlicensed person as prohibited by section 12-290-122;
(u) Failing to report to the board within thirty days any adverse action taken against the licensee by another licensing agency in another state, territory, or country or any peer review body, health-care institution, professional or medical society or association, governmental agency, law enforcement agency, or court for acts of conduct that would constitute grounds for action as described in this article 290;
report to the board within thirty days any adverse action taken against the licensee by another licensing agency in another state, territory, or country or any peer review body, health-care institution, professional or medical society or association, governmental agency, law enforcement agency, or court for acts of conduct that would constitute grounds for action as described in this article 290;
(v) Failing to report to the board the surrender of a license or other authorization to practice medicine in another state or jurisdiction or the surrender of membership on any medical staff or in any medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this article 290;
(w) Violating the provisions of section 8-42-101 (3.6);
(x) Any violation of the provisions of section 12-290-202 or any rule of the board adopted pursuant to that section;
(y) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to section 12-290-113.
(4) The discipline of a licensee for acts related to the practice of podiatry in another state, territory, or country shall be deemed unprofessional conduct. For purposes of this subsection (4), "discipline" includes any sanction required to be reported pursuant to 45 CFR 60.8. This subsection (4) shall apply only to disciplinary action based upon acts or omissions in the other state, territory, or country substantially as defined as unprofessional conduct pursuant to subsection (3) of this section.
(5) (a) If a professional review committee is established pursuant to this section to investigate the quality of care being given by a person licensed pursuant to this article 290, it shall include in its membership at least three persons licensed under this article 290, but the committee may be authorized to act only by:
(I) The board; or
(II) A society or an association of persons licensed pursuant to this article 290 whose membership includes not less than one-third of the persons licensed pursuant to this article 290 residing in this state if the licensee whose services are the subject of review is a member of the society or association.
(b) In addition to the persons specified in section 12-20-402, any member of the professional review committee, any member of the professional review committee's staff, any person acting as a witness or consultant to the committee, any witness testifying in a proceeding authorized under this article 290, and any person who lodges a complaint pursuant to this article 290 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.
C.R.S. § 12-290-109 Volunteer podiatrist license
12-290-109. Volunteer podiatrist license. (1) Any person licensed to practice podiatry pursuant to this article 290 may apply to the board for volunteer licensure status. The application shall be in the form and manner designated by the board. The board may grant volunteer licensure status by issuing a volunteer license, or the board may deny the application if the licensee has been disciplined for any of the causes set forth in section 12-290-108.
(2) Any person applying for a license under this section shall:
(a) Attest that, after a date certain, the applicant no longer earns income as a podiatrist;
(b) Pay the license fee authorized by section 12-20-105. The volunteer podiatrist license fee shall be reduced from the license fee.
(c) Maintain liability insurance as provided in section 12-290-104.
(3) The volunteer status of a licensee shall be plainly indicated on the face of any volunteer license issued pursuant to this section.
(4) The board is authorized to conduct disciplinary proceedings pursuant to section 12-290-113 against any person licensed under this section for an act committed while the person was licensed pursuant to this section.
(5) Any person licensed under this section may apply to the board for a return to active licensure status by filing an application in the form and manner designated by the board. The board may approve the application and issue a license to practice podiatry or may deny the application if the licensee has been disciplined for or engaged in any of the activities set forth in section 12-290-108.
(6) A podiatrist with a volunteer license shall only provide podiatry services if the services are performed on a limited basis for no fee or other compensation.
C.R.S. § 12-290-110 Podiatry training license
12-290-110. Podiatry training license. (1) The board shall issue a podiatry training license to an applicant who has:
(a) Graduated from a podiatric medical school approved by the board;
(b) Passed the part I and part II examinations by the National Board of Podiatric Medical Examiners or its successor organization; and
(c) Been accepted into a podiatric residency program in Colorado.
(2) At least thirty days prior to the date the applicant begins the residency program, the applicant shall submit a statement to the board from the residency director of an approved residency program in Colorado that states the applicant meets the necessary qualifications and that the residency program accepts responsibility for the applicant's training while in the program.
(3) Where feasible, the applicant shall submit a completed application, on a form approved by the board, on or before the date on which the applicant begins the approved residency. A podiatry training license granted pursuant to this section shall expire if a completed application is not received by the board within sixty days after the applicant begins the approved residency.
(4) The board may refuse to issue a podiatric training license to an applicant who does not have the necessary qualifications, who has engaged in unprofessional conduct pursuant to section 12-290-108, or who has been disciplined by a licensing board in another jurisdiction.
(5) A person with a podiatric training license shall practice podiatry only under the supervision of a licensed podiatrist or a physician licensed to practice medicine within the residency program. A person with a podiatry training license shall not delegate podiatric or medical services to a person who is not licensed to practice podiatry or medicine and shall not have the authority to collaborate with physician assistants.
(6) The podiatry training license shall not be renewed and shall expire:
(a) No later than three years after the date the license is issued;
(b) If the training licensee is no longer participating in the residency program; or
(c) When the training licensee receives a license to practice podiatry pursuant to section 12-290-108.
C.R.S. § 12-290-111 Prescriptions - requirement to advise patients - limits on prescriptions
12-290-111. Prescriptions - requirement to advise patients - limits on prescriptions. (1) A podiatrist licensed under this article 290 may advise the podiatrist's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.
(2) A podiatrist's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the podiatrist's professional license issued under this article 290. Failure to advise a patient pursuant to subsection (1) of this section shall not be grounds for any civil action against a podiatrist in a negligence or tort action, nor shall the failure be evidence in any civil action against a podiatrist.
(3) A podiatrist is subject to the limitations on prescriptions specified in section 12-30-109.
C.R.S. § 12-290-112 Licensure by endorsement
12-290-112. Licensure by endorsement. The board may issue a license by endorsement to engage in the practice of podiatry in this state to any applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-290-113 Disciplinary action by board
12-290-113. Disciplinary action by board. (1) In the discharge of its duties, the board may enlist the assistance of other persons licensed to practice podiatry or medicine in this state. Podiatrists have the duty to report to the board any podiatrist known, or upon information and belief, to have violated any of the provisions of section 12-290-108 (3).
(2) (a) Complaints in writing relating to the conduct of any podiatrist licensed or authorized to practice podiatry in this state may be made by any person or may be initiated by the board on its own motion. The podiatrist complained of shall be given notice by first-class mail of the nature of all matters complained of within thirty days of the receipt of the complaint or initiation of the complaint by the board and shall be given thirty days to make explanation or answer thereto.
(b) The board shall cause an investigation to be made when the board is informed of:
(I) Disciplinary actions taken by hospitals to suspend or revoke the privileges of a podiatrist and reported to the board pursuant to section 25-3-107;
(II) Disciplinary actions taken by a professional review committee established pursuant to section 12-290-108 (5) against a podiatrist;
(III) An instance of a malpractice settlement or judgment against a podiatrist reported to the board pursuant to section 10-1-124; or
(IV) Podiatrists who have been allowed to resign from hospitals for unprofessional conduct. The hospitals shall report those resignations to the board.
(c) On completion of an investigation, the board shall make a finding that:
(I) The complaint is without merit and no further action need be taken with reference thereto;
(II) There is no reasonable cause to warrant further action with reference thereto;
(III) The complaint or investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, in which case the board may issue a letter of admonition to the licensee in accordance with section 12-20-404 (4);
(IV) The investigation discloses facts that warrant further proceedings by formal complaint, as provided in subsection (3) of this section, in which event the complaint shall be referred to the attorney general for preparation and filing of a formal complaint; or
(V) The investigation discloses an instance of conduct that, in the opinion of the board, does not warrant formal action but in which the board has noticed indications of possible errant conduct by the licensee that could lead to serious consequences if not corrected, in which case the board shall send a confidential letter of concern in accordance with section 12-20-404 (5) to the podiatrist against whom a complaint was made. If the board learns of second or subsequent actions of the same or similar nature by the licensee, the board shall not issue a confidential letter of concern but shall take such other course of action as it deems appropriate.
(3) (a) All formal complaints seeking disciplinary action against a podiatrist shall be filed with the board. A formal complaint shall set forth the charges with sufficient particularity as to inform the podiatrist clearly and specifically of the acts of unprofessional conduct with which the podiatrist is charged.
tter of concern but shall take such other course of action as it deems appropriate.
(3) (a) All formal complaints seeking disciplinary action against a podiatrist shall be filed with the board. A formal complaint shall set forth the charges with sufficient particularity as to inform the podiatrist clearly and specifically of the acts of unprofessional conduct with which the podiatrist is charged.
(b) The board may include in any disciplinary order placing a podiatrist on probation the conditions the board may deem appropriate to assure that the podiatrist is physically, mentally, and otherwise qualified to practice podiatry in accordance with generally accepted professional standards of practice, including any or all of the following:
(I) Submission by the podiatrist to examinations the board may order to determine the podiatrist's physical or mental condition or the podiatrist's professional qualifications;
(II) Taking therapy or courses of training or education as may be needed to correct deficiencies found either in the hearing or by the examinations;
(III) Review or supervision of the podiatrist's practice as may be necessary to determine the quality of the podiatrist's practice and to correct deficiencies therein; and
(IV) The imposition of restrictions upon the nature of the podiatrist's practice to assure that the podiatrist does not practice beyond the limits of the podiatrist's capabilities.
(c) Upon the failure of a licensee to comply with any conditions imposed by the board pursuant to subsection (3)(b) of this section, unless compliance is beyond the control of the licensee, the board may suspend the license of the licensee until the licensee complies with the conditions of the board.
(4) The board, through the department, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article 290 or on any matter within the board's jurisdiction upon the conditions and terms the board may determine.
(5) Disciplinary proceedings and hearings shall be conducted in the manner prescribed by section 12-20-403 and article 4 of title 24, and the hearing and opportunity for review shall be conducted pursuant to those laws by the board or an administrative law judge at the board's discretion.
(6) (a) A person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare the copies from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but shall identify the patient by a numbered code, to be retained by the custodian of the records from which the copies were made.
(b) Upon certification of the custodian that the copies are true and complete except for the patient's name, the copies shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board or the custodian or the custodian's authorized employee for furnishing or using the copies in accordance with this subsection (6).
(7) Upon the expiration of the term of suspension, the license shall be reinstated by the board if the holder of the license furnishes the board with evidence that the holder has complied with all terms of the suspension. If the evidence shows the holder has not complied with all terms of the suspension, the board shall continue the suspension or revoke the license at a hearing, notice of which and the procedure at which shall be as provided in this section.
shall be reinstated by the board if the holder of the license furnishes the board with evidence that the holder has complied with all terms of the suspension. If the evidence shows the holder has not complied with all terms of the suspension, the board shall continue the suspension or revoke the license at a hearing, notice of which and the procedure at which shall be as provided in this section.
(8) If a person holding a license to practice podiatry in this state is determined to be mentally incompetent or insane by a court of competent jurisdiction and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the person holding a license is incapable of continuing to practice podiatry, the board shall automatically suspend the license, and, anything in this article 290 to the contrary notwithstanding, the suspension must continue until the licensee is found by the court to be competent to practice podiatry.
(9) (a) If the board has reasonable cause to believe that a person licensed to practice podiatry in this state is unable to practice podiatry with reasonable skill and safety to patients because of a condition described in section 12-290-108 (3)(c) or (3)(j), the board may require the licensee to submit to mental or physical examinations by physicians designated by the board. Upon the failure of the licensee to submit to the mental or physical examinations, unless due to circumstances beyond his or her control, the board may suspend the licensee's license to practice podiatry in this state until such time as he or she submits to the required examinations and the board has made a determination on the ability of the licensee based on the results of the examinations. The board shall ensure that all examinations are conducted and evaluated in a timely manner.
(b) Every person licensed to practice podiatry in this state shall be deemed, by so practicing or by applying for registration of his or her license to practice podiatry in this state, to have given consent to submit to mental or physical examinations when directed in writing by the board and, further, to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground of privileged communication.
(c) The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than before the board.
(10) Investigations and examinations of the board conducted pursuant to the provisions of this section shall be exempt from the provisions of any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to the provisions of this subsection (10) be open to public inspection. Any proceedings with regard to a licensee who is in violation of section 12-290-108 (3)(c) and who is participating in good faith in a rehabilitation program designed to alleviate the conditions specified in section 12-290-108 (3)(c) that has been approved by the board are also exempt from any such requirements of law.
(11) A person licensed to practice podiatry or medicine who, at the request of the board, examines another person licensed to practice podiatry shall be immune from suit for damages by the person examined if the examining person conducted the examination and made findings or a diagnosis in good faith.
(12) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
(13) The board may impose a fine, not to exceed five thousand dollars, for a violation of this article 290.
C.R.S. § 12-290-114 Reconsideration and review of action of board
12-290-114. Reconsideration and review of action of board. (1) The board, on its own motion or upon application in accordance with section 12-20-404 (3), at any time after the refusal to grant a license, the imposition of any discipline as provided in section 12-290-113, or the ordering of probation as provided in section 12-20-404 (1)(b), may reconsider its prior action and grant, reinstate, or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board.
(2) Upon the receipt of the application, it may be forwarded to the attorney general for investigation as may be deemed necessary. A copy of the application and the report of investigation shall be forwarded to the board, which shall consider the same and report its findings and conclusions. The proceedings shall be governed by the applicable provisions governing formal hearings in disciplinary proceedings. The attorney general may present evidence bearing upon the matters in issue, and the burden shall be upon the applicant seeking reinstatement to establish the averments in the application as specified in section 24-4-105 (7). No application for reinstatement or for modification of a prior order shall be accepted unless the applicant deposits with the board all amounts unpaid under any prior order of the board.
C.R.S. § 12-290-115 Judicial review
12-290-115. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review.
C.R.S. § 12-290-116 Unauthorized practice - penalties - exclusions
12-290-116. Unauthorized practice - penalties - exclusions. (1) Any person who practices or offers or attempts to practice podiatry within this state without an active license issued under this article 290 is subject to penalties pursuant to section 12-20-407 (1)(a).
(2) Any person who presents as the person's own the diploma, license, certificate, or credentials of another, gives either false or forged evidence of any kind to the board, or any member thereof, in connection with an application for a license to practice podiatry, practices podiatry under a false or assumed name, or falsely impersonates another licensee of a like or different name commits a class 6 felony and shall be punished as provided in section 18-1.3-401.
(3) A person shall not advertise in any form or hold himself or herself out to the public as a podiatrist, or, in any sign or any advertisement, use the word "podiatrist", "foot specialist", "foot correctionist", "foot expert", "practipedist", "podologist", or any other terms or letters indicating or implying that the person is a podiatrist or that the person practices or holds himself or herself out as practicing podiatry or foot correction in any manner, without having, at the time of so doing, a valid, unsuspended, and unrevoked license as required by this article 290.
(4) No podiatrist shall willfully cause the public to believe that the podiatrist has qualifications extending beyond the limits of this article 290, and no podiatrist shall willfully sign the podiatrist's name using the prefix "Doctor" or "Dr." without following the podiatrist's name with "podiatrist", "Doctor of Podiatric Medicine", or "D.P.M." No podiatrist shall use the title "podiatric physician" unless the title is followed by the words "practice limited to treatment of the foot and ankle".
(5) The conduct of the practice of podiatry in a corporate capacity is hereby prohibited, but the prohibition shall not be construed to prevent the practice of podiatry by a professional service corporation whose stockholders are restricted solely to licensed podiatrists. A professional service corporation may exercise the powers and shall be subject to the limitations and requirements, insofar as applicable, as are provided in section 12-290-118, relating to professional service corporations for the practice of podiatry.
(6) The provisions of this article 290 shall not:
(a) Apply to any physician licensed to practice medicine or surgery, any regularly commissioned surgeon of the United States armed forces or United States public health service, or any licensed osteopath;
(b) Be construed to prohibit the recommending, advertising, fitting, adjusting, or sale of corrective shoes, arch supports, or similar mechanical appliances and foot remedies by retail dealers and manufacturers;
(c) Be construed to prohibit, or to require a license for, the rendering of services under the personal and responsible direction and supervision of a person licensed to practice podiatry, and this exemption shall not apply to persons otherwise qualified to practice podiatry but not licensed to practice in this state; or
(d) Be construed to prohibit, or to require a license for, the rendering of nursing services by registered or other nurses in the lawful discharge of their duties pursuant to part 1 of article 255 of this title 12.
C.R.S. § 12-290-117 Use of physician assistants - collaboration requirements - rules
12-290-117. Use of physician assistants - collaboration requirements - rules. (1) A physician assistant licensed pursuant to article 240 of this title 12 may perform acts that constitute the practice of podiatry to the extent and in the manner authorized by rules promulgated by the board. The acts shall be consistent with sound practices of podiatry. All prescriptions issued by a physician assistant must include the physician assistant's name, the name and address of the health facility, and, if the health facility is a multispecialty organization, the name and address of the specialty clinic within the health facility where the physician assistant is practicing. The dispensing of prescription medication by a physician assistant is subject to section 12-280-120 (6).
(2) Prior to practicing podiatry, a physician assistant must enter into a collaborative agreement with a licensed podiatrist.
(3) The provisions of sections 12-240-107 (6), 12-240-113, and 12-240-114.5 governing physician assistants under the "Colorado Medical Practice Act" apply to physician assistants under this section.
C.R.S. § 12-290-118 Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of podiatry - definitions
12-290-118. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of podiatry - definitions. (1) Persons licensed to practice podiatry by the board may form professional service corporations for the practice of podiatry under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of professional service corporations shall contain provisions complying with the following requirements:
(a) The name of the corporation shall contain the words "professional company" or "professional corporation" or abbreviations thereof.
(b) The corporation shall be organized solely for the purposes of conducting the practice of podiatry only through persons licensed by the board to practice podiatry in the state of Colorado.
(c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose.
(d) All shareholders of the corporation shall be persons licensed by the board to practice podiatry in the state of Colorado, and who at all times own their shares in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of podiatry in the offices of the corporation.
(e) Provisions shall be made requiring any shareholder who ceases to be or for any reason is ineligible to be a shareholder to dispose of all the shareholder's shares immediately, either to the corporation or to any person having the qualifications described in subsection (1)(d) of this section.
(f) The president shall be a shareholder and a director and, to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors and officers shall not exercise any authority whatsoever over professional matters. Notwithstanding sections 7-108-103 to 7-108-106, relating to the terms of office of directors, a professional service corporation for the practice of podiatry may provide in the articles of incorporation or the bylaws that the directors may have terms of office of up to six years and that the directors may be divided into either two or three classes, each class to be as nearly equal in number as possible, with the terms of each class staggered to provide for the periodic, but not annual, election of less than all the directors.
(g) The articles of incorporation shall provide and all shareholders of the corporation shall agree that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods of time when each person licensed by the board to practice podiatry in Colorado who is a shareholder or any employee of the corporation has a professional liability policy insuring the licensee and all employees who are not licensed to practice podiatry who act at the licensee's direction in the amount of fifty thousand dollars for each claim and an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars or the corporation maintains in good standing professional liability insurance, which shall meet the following minimum standards:
ring the licensee and all employees who are not licensed to practice podiatry who act at the licensee's direction in the amount of fifty thousand dollars for each claim and an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars or the corporation maintains in good standing professional liability insurance, which shall meet the following minimum standards:
(I) The insurance shall insure the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensed by the board to practice podiatry.
(II) The policies shall insure the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees.
(III) The insurance shall be in an amount for each claim of at least fifty thousand dollars multiplied by the number of persons licensed to practice podiatry employed by the corporation. The policy may provide for an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of persons licensed to practice podiatry employed by the corporation, but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate top limit of liability for all claims during the year of nine hundred thousand dollars.
(IV) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof; the conduct of any business enterprise, as distinguished from the practice of podiatry, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or that may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith; when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.
(2) (a) The corporation shall do nothing that, if done by a person licensed to practice podiatry in the state of Colorado employed by it, would violate the standards of professional conduct as provided for in section 12-290-108 (3). Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice podiatry.
ions, and other usual matters.
(2) (a) The corporation shall do nothing that, if done by a person licensed to practice podiatry in the state of Colorado employed by it, would violate the standards of professional conduct as provided for in section 12-290-108 (3). Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice podiatry.
(b) The provisions of subsection (5)(b) of this section shall apply to the employment of a podiatrist by a professional service corporation, limited liability company, or registered limited liability partnership formed for the practice of podiatry in accordance with this section regardless of the date of formation of the entity.
(3) Nothing in this section shall be deemed to diminish or change the obligation of each person licensed to practice podiatry employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct provided for in section 12-290-108 (3). Any person licensed by the board to practice podiatry who by act or omission causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, shall be deemed personally responsible for the act or omission and shall be subject to discipline for the act or omission.
(4) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all or part of its employees including lay employees if the plan does not require or result in the sharing of specific or identifiable fees with lay employees, and if any payments made to lay employees, or into any such plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received.
(5) (a) Except as provided in this section, corporations shall not practice podiatry.
(b) Employment of a podiatrist by a certified or licensed hospital, licensed skilled nursing facility, certified home health agency, licensed hospice, certified comprehensive outpatient rehabilitation facility, certified rehabilitation agency, authorized health maintenance organization, accredited educational entity, or other entity wholly owned and operated by any governmental unit or agency shall not be considered the corporate practice of podiatry if:
(I) The relationship created by the employment does not affect the ability of the podiatrist to exercise his or her independent judgment in the practice of the profession;
(II) The podiatrist's independent judgment in the practice of the profession is in fact unaffected by the relationship;
(III) The policies of the entity employing the podiatrist contain a procedure by which complaints by a podiatrist alleging a violation of this subsection (5)(b) may be heard and resolved;
(IV) The podiatrist is not required to exclusively refer any patient to a particular provider or supplier; except that nothing in this subsection (5)(b)(IV) shall invalidate the policy provisions of a contract between a podiatrist and his or her intermediary or the managed care provisions of a health coverage plan; and
(V) The podiatrist is not required to take any other action he or she determines not to be in the patient's best interest.
(c) A podiatrist employed by an entity described in subsection (5)(b) of this section shall be an employee of the entity for purposes of liability for all acts, errors, and omissions of the employee.
(6) As used in this section, unless the context otherwise requires:
(a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.
ity described in subsection (5)(b) of this section shall be an employee of the entity for purposes of liability for all acts, errors, and omissions of the employee.
(6) As used in this section, unless the context otherwise requires:
(a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.
(b) "Corporation" includes a limited liability company organized under the "Colorado Limited Liability Company Act", article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002.
(c) "Director" and "officer" of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.
(d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership.
(e) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership.
(f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.
C.R.S. § 12-290-119 Renewal of license - continuing education - professional development program - rules - renewal questionnaire
12-290-119. Renewal of license - continuing education - professional development program - rules - renewal questionnaire. (1) (a) The board shall set reasonable continuing education requirements for the renewal of a license, but in no event shall the board require more than fourteen hours' credit of continuing education per year. A podiatrist desiring to renew his or her license to practice podiatry shall submit to the board the information the board believes necessary to show that the podiatrist has fulfilled the board's continuing education requirements and a fee to be determined and collected pursuant to section 12-20-105.
(b) The board shall promulgate rules and implement an ongoing professional development program that shall be developed in conjunction with statewide professional associations that represent podiatrists. The professional development program may include the continuing education requirements in subsection (1)(a) of this section.
(2) (a) The board shall establish a questionnaire to accompany the renewal form. The board shall design the questionnaire to determine if the licensee has acted in violation of, or has been disciplined for actions that might be construed as violations of, this article 290 or that may make the licensee unfit to practice podiatry with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). The failure of an applicant to answer the questionnaire accurately constitutes unprofessional conduct pursuant to section 12-290-108.
(b) On and after July 1, 2024, as a condition of renewal of a license, each podiatrist shall attest that the podiatrist is in compliance with section 12-280-403 (2)(a) and that the podiatrist is aware of the penalties for noncompliance with that section.
(3) No license to practice podiatry that has been delinquent for more than two years shall be renewed unless the applicant demonstrates to the board the applicant's continued professional competence.
(4) Licenses issued pursuant to this article 290 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose license has expired shall be subject to the penalties provided in this article 290 or in section 12-20-202 (1). The board shall establish the criteria for reinstatement of a license.
C.R.S. § 12-290-120 Injunctive proceedings
12-290-120. Injunctive proceedings. The board may seek injunctive relief in accordance with section 12-20-406, but only to enjoin any person who does not possess a currently valid or active podiatry license from committing any act declared to be unlawful or prohibited by this article 290.
C.R.S. § 12-290-121 Duplicates of license
12-290-121. Duplicates of license. The board is authorized to issue a duplicate license to any person to whom a license to practice podiatry in this state has been issued, upon application, properly verified by oath, establishing to the satisfaction of the board that the original license has been lost or destroyed and upon payment to the board of a fee to be determined by rule adopted by the board. No person shall be entitled to a duplicate license unless the person is a licensee in good standing.
C.R.S. § 12-290-122 Division of fees prohibited - penalty - recovery of fees illegally paid
12-290-122. Division of fees prohibited - penalty - recovery of fees illegally paid. (1) A licensee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the licensee:
(a) Divides any fee or compensation received or charged for services rendered by the person as a licensee or agrees to divide the fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for:
(I) Sending or bringing any patient or other person to the licensee;
(II) Recommending the licensee to any person; or
(III) Being instrumental in any manner in causing any person to engage the licensee in the licensee's professional capacity;
(b) Either directly or indirectly pays or compensates or agrees to pay or compensate any person, firm, association, or corporation for:
(I) Sending or bringing any patient or other person to the licensee for examination or treatment;
(II) Recommending the licensee to any person; or
(III) Being instrumental in causing any person to engage the licensee in the licensee's professional capacity; or
(c) In the licensee's professional capacity and in the licensee's own name or behalf, makes or presents a bill or requests a payment for services rendered by any person other than the licensee.
(2) If a licensee, in violation of subsection (1) of this section, divides or agrees to divide any fee or compensation received by the licensee for services rendered in the licensee's professional capacity with any person, the person who has paid the fee or compensation to the licensee may recover the amount unlawfully paid or agreed to be paid from either the licensee or from the person to whom the fee or compensation has been paid, by an action to be instituted within two years after the date on which the fee or compensation was divided or agreed to be divided.
C.R.S. § 12-290-123 Confidential agreements to limit practice - violation grounds for discipline
12-290-123. Confidential agreements to limit practice - violation grounds for discipline. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 290.
(2) This section and section 12-30-108 do not apply to a licensee subject to discipline under section 12-290-108 (3)(c).
C.R.S. § 12-290-124 Bone marrow aspirations from the tibia
12-290-124. Bone marrow aspirations from the tibia. (1) The board may permit a podiatrist to perform bone marrow aspirations from the tibia distal to the tibial tubercle if the podiatrist:
(a) Has successfully completed a podiatric surgery residency with the reconstruction rearfoot/ankle surgery certification; and
(b) Is in good standing with the board.
C.R.S. § 12-290-201 Legislative declaration
12-290-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that public exposure to the hazards of ionizing radiation used for diagnostic purposes should be minimized wherever possible. Accordingly, the general assembly finds, determines, and declares that for any podiatric physician or podiatrist to allow an untrained person to operate a machine source of ionizing radiation, including without limitation a device commonly known as an "X-ray machine", or to administer radiation to a patient for diagnostic purposes is a threat to the public health and safety.
(2) It is the intent of the general assembly that podiatric physicians or podiatrists utilizing unlicensed persons in their practices provide those persons with a minimum level of education and training before allowing them to operate machine sources of ionizing radiation; however, it is not the general assembly's intent to discourage education and training beyond this minimum. It is further the intent of the general assembly that established minimum training and education requirements correspond as closely as possible to the requirements of each particular work setting as determined by the board pursuant to this part 2.
(3) The general assembly seeks to ensure, and accordingly declares its intent, that in promulgating the rules authorized by this part 2, the board will make every effort, consistent with its other statutory duties, to avoid creating a shortage of qualified individuals to operate machine sources of ionizing radiation for beneficial medical purposes in any area of the state.
C.R.S. § 12-290-202 Board authorized to issue rules
12-290-202. Board authorized to issue rules. (1) (a) The board shall adopt rules prescribing minimum standards for the qualifications, education, and training of unlicensed persons operating machine sources of ionizing radiation and administering the radiation to patients for diagnostic podiatric use. Neither a podiatric physician nor a podiatrist shall allow any unlicensed person to operate a machine source of ionizing radiation or to administer radiation to any patient unless the person has met the standards then in effect under rules adopted pursuant to this section. The board may adopt rules allowing a grace period in which newly hired operators of machine sources of ionizing radiation shall receive the training required pursuant to this section.
(b) For purposes of this part 2, "unlicensed person" means any person who does not hold a current and active license entitling the person to practice podiatry under the provisions of this article 290.
(2) The board shall seek the assistance of licensed podiatrists in developing and formulating the rules promulgated pursuant to this section.
(3) The required number of hours of training and education for all unlicensed persons operating machine sources of ionizing radiation and administering radiation to patients shall apply to all persons in podiatric settings other than hospitals and similar facilities licensed by the department of public health and environment pursuant to section 25-1.5-103. The training and education may be obtained through programs approved by the appropriate authority of any state or through equivalent programs and training experience including on-the-job training as determined by the board.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026