Nevada Administrative Code Chapter 635 - Podiatry
✅ Nevada Administrative Code Chapter 635 – Podiatry
1. Overview and Purpose
NAC Chapter 635 governs the practice of podiatry in Nevada. This chapter supplements Nevada Revised Statutes (NRS) Chapter 635, which regulates the licensing, practice standards, and professional conduct of podiatrists in the state.
The primary purpose of NAC 635 is to:
Establish licensing requirements and procedures for podiatrists.
Define the scope of practice and standards of professional conduct.
Protect the public by ensuring that podiatric services are provided by qualified and competent practitioners.
Detail investigative and disciplinary procedures to enforce compliance with state laws.
The Nevada State Board of Podiatry administers these regulations.
2. Scope and Applicability
Applies to all individuals practicing podiatry in Nevada.
Includes provisions relevant to licensing podiatrists, defining their duties, and regulating their conduct.
Applies to both new applicants and current licensees.
3. Key Provisions
a) Licensing Requirements
Applicants must:
Graduate from an approved podiatric medical college.
Complete a residency program approved by the Board.
Pass the National Board of Podiatric Medical Examiners (NBPME) exams.
Submit a completed application with fees and supporting documentation.
The Board may require additional proof of competency or fitness to practice.
b) Scope of Practice
Licensed podiatrists may:
Diagnose and treat diseases, disorders, and injuries of the foot, ankle, and related structures.
Perform surgeries within the defined scope.
Prescribe medications, including controlled substances, consistent with law.
Order and interpret diagnostic tests related to podiatric care.
Scope is strictly limited to podiatric medicine and surgery as defined by statute and regulation.
c) Professional Conduct and Standards
Licensees must adhere to ethical standards, including:
Maintaining patient confidentiality.
Providing care consistent with accepted professional standards.
Avoiding fraudulent, negligent, or harmful practices.
Maintaining accurate and complete medical records.
d) Continuing Education
Licensees must complete a minimum number of continuing education hours during each renewal period.
Courses must be approved by the Board and relevant to podiatric medicine.
e) Renewal of License
Licenses are renewed periodically (commonly every two years).
Renewal requires submission of fees and proof of continuing education.
Failure to renew may result in suspension or revocation.
f) Disciplinary Procedures
The Board may investigate complaints alleging:
Professional incompetence or negligence.
Unethical or criminal conduct.
Violations of statutes or regulations.
Possible disciplinary actions include:
Reprimand or censure.
License suspension or revocation.
Civil fines.
Licensees have rights to notice, hearing, and appeal in accordance with administrative law.
4. Relevant Case Law and Legal Principles
Nevada has limited published appellate cases directly discussing NAC 635; however, general administrative and professional licensing case law applies, along with key principles:
📌 Board's Authority to Regulate and Discipline
Courts give deference to the Board’s expertise in determining standards of practice and disciplining licensees.
The Board’s decisions must be supported by substantial evidence and comply with due process.
📌 Due Process in Disciplinary Proceedings
Licensees are entitled to:
Notice of charges.
Opportunity for a fair hearing.
Right to present evidence and cross-examine witnesses.
Failure to afford due process can result in reversal of disciplinary action.
📌 Scope of Practice Enforcement
Courts uphold the statutory and regulatory limits on podiatric practice.
Unauthorized practice beyond the defined scope can lead to injunctions and disciplinary measures.
📌 Professional Negligence and Malpractice
Podiatrists, like other medical professionals, are subject to malpractice liability for failure to meet the standard of care.
Disciplinary action by the Board can parallel or follow civil malpractice claims.
5. Practical Implications
Stakeholder | Responsibilities / Impact |
---|---|
Podiatrists | Must maintain licensure, comply with standards, and complete continuing education. |
Patients/Public | Protected by regulation ensuring qualified care and accountability. |
Board of Podiatry | Responsible for licensure, oversight, investigations, and discipline. |
Employers/Facilities | Must verify licenses and ensure practitioners comply with Nevada law. |
6. Summary
NAC Chapter 635 is designed to ensure that the practice of podiatry in Nevada is conducted by qualified, competent, and ethical professionals. The rules cover:
Licensing and qualification criteria.
Scope of practice and permissible treatments.
Professional conduct and continuing education.
Disciplinary mechanisms to protect the public.
Nevada courts recognize and uphold the Board’s authority to enforce these regulations, emphasizing public safety and professional accountability.
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