2002 Minnesota Statutes

CHAPTER 153. Podiatry

     153.01 Definitions. 

    Subdivision 1.    Words, terms, and phrases.  Unless 
 the language or context clearly indicates that a different 
 meaning is intended, the following words, terms, and phrases, 
 for the purposes of this chapter, shall be given the meanings 
 subjoined to them. 

    Subd. 2.    Podiatric medicine.  "Podiatric medicine" 
 means the diagnosis or medical, mechanical, or surgical 
 treatment of the ailments of the human hand, foot, ankle, and 
 the soft tissue of the lower leg distal to the tibial 
 tuberosity, including amputation of the toe, but not including 
 amputation of the foot, hand, or fingers, or the use of 
 anesthetics other than local anesthetics, except as provided in 
 section 153.26.  Podiatric medicine includes the prescribing or 
 recommending of appliances, devices, or shoes for the correction 
 or relief of foot ailments.  Podiatric medicine includes the 
 prescribing or administering of any drugs or medications 
 necessary or helpful to the practice of podiatry as defined by 
 this subdivision, provided, however, that licensed podiatrists 
 shall be restricted in their prescribing or administering of any 
 drugs or medications by the limitations imposed on the scope of 
 practice of podiatric medicine as defined in this chapter. 

    Subd. 3.    Board.  "Board" means the board of podiatric 
 medicine of the state of Minnesota. 

    Subd. 4. Repealed, 1987 c 108 s 17 

    HIST: (5769, 5783) 1917 c 382 s 2,16; 1935 c 266 s 1; 1957 c 
 192 s 1; 1959 c 70 s 1; 1961 c 369 s 2; 1973 c 693 s 19; 1975 c 
 271 s 6; 1987 c 108 s 1,2; 1990 c 540 s 1 

     153.02 Board of podiatric medicine. 

    The governor shall appoint a board of podiatric medicine 
 consisting of two public members as defined by section 214.02 
 and five resident podiatrists.  The podiatrists must each hold a 
 degree of doctor of podiatric medicine and be licensed to 
 practice podiatric medicine under this chapter.  Membership 
 terms, compensation of members, removal of members, the filling 
 of membership vacancies, and fiscal year and reporting 
 requirements shall be as provided in sections 214.07 to 214.09.  
 The provision of staff, administrative services and office 
 space; the review and processing of complaints; the setting of 
 board fees; and other provisions related to board operations 
 shall be as provided in chapter 214. 

    The board shall elect from among its members a president 
 and a secretary-treasurer.  The board may adopt rules as 
 necessary to carry out the purposes of this chapter.  The 
 members of the board may administer oaths and take testimony as 
 to matters pertaining to the duties of the board.  Four members 
 of the board shall constitute a quorum for the transaction of 
 business.  The board shall have a common seal, which shall be 
 kept by the executive director. 

    HIST: (5770) 1917 c 382 s 3; 1961 c 369 s 1; 1973 c 638 s 31; 
 1975 c 136 s 32; 1975 c 271 s 6; 1976 c 222 s 96; 1976 c 239 s 
 59; 1987 c 108 s 3; 1991 c 199 art 1 s 46 

     153.03 Expenses. 

    The expenses of administering Laws 1987, chapter 108, 
 sections 1 to 16, shall be paid from the appropriations made to 
 the board. 

    HIST: (5771) 1917 c 382 s 4; Ex1933 c 27 s 1; 1935 c 266 s 2; 
 1939 c 160 s 1; 1973 c 638 s 32; 1975 c 136 s 33; 1976 c 222 s 
 97; 1987 c 108 s 4 

  153.04 Repealed, 1987 c 108 s 17 

  153.05 Repealed, 1987 c 108 s 17 

  153.06 Repealed, 1987 c 108 s 17 

  153.07 Repealed, 1987 c 108 s 17 

  153.08 Repealed, 1987 c 108 s 17 

  153.09 Repealed, 1987 c 108 s 17 

  153.10 Repealed, 1976 c 222 s 209 

  153.11 Repealed, 1976 c 222 s 209 

  153.12 Repealed, 1975 c 136 s 77 

  153.13 Repealed, 1987 c 108 s 17 

  153.14 Repealed, 1987 c 108 s 17 

  153.15 Repealed, 1987 c 108 s 17 

     153.16 Licensure. 

    Subdivision 1.    License requirements.  The board shall 
 issue a license to practice podiatric medicine to a person who 
 meets the following requirements:  

    (a) The applicant for a license shall file a written 
 notarized application on forms provided by the board, showing to 
 the board's satisfaction that the applicant is of good moral 
 character and satisfies the requirements of this section.  

    (b) The applicant shall present evidence satisfactory to 
 the board of being a graduate of a podiatric medical school 
 approved by the board based upon its faculty, curriculum, 
 facilities, accreditation by a recognized national accrediting 
 organization approved by the board, and other relevant factors. 

    (c) The applicant must have passed an examination prepared 
 and graded by the National Board of Podiatric Medical Examiners 
 and also pass a state clinical examination prepared and graded 
 by the state board of podiatric medicine or a national clinical 
 examination prepared and graded by the National Board of 
 Podiatric Medical Examiners.  The board shall by rule determine 
 what score constitutes a passing score in each examination.  

    (d) Applicants graduating after 1986 from a podiatric 
 medical school shall present evidence satisfactory to the board 
 of the completion of (1) one year of graduate, clinical 
 residency or preceptorship in a program accredited by a national 
 accrediting organization approved by the board or (2) other 
 graduate training that meets standards equivalent to those of an 
 approved national accrediting organization or school of 
 podiatric medicine.  

    (e) The applicant shall appear in person before the board 
 or its designated representative to show that the applicant 
 satisfies the requirements of this section.  The board may 
 establish as internal operating procedures the procedures or 
 requirements for the applicant's personal presentation.  

    (f) The applicant shall pay a fee established by the board 
 by rule.  The fee shall not be refunded.  

    (g) The applicant must not have engaged in conduct 
 warranting disciplinary action against a licensee.  If the 
 applicant does not satisfy the requirements of this paragraph, 
 the board may refuse to issue a license unless it determines 
 that the public will be protected through issuance of a license 
 with conditions and limitations the board considers appropriate. 

    (h) Upon payment of a fee as the board may require, an 
 applicant who fails to pass an examination and is refused a 
 license is entitled to reexamination within one year of the 
 board's refusal to issue the license.  No more than two 
 reexaminations are allowed without a new application for a 
 license. 

    Subd. 2.    Applicants licensed in another state.  The 
 board shall issue a license to practice podiatric medicine to 
 any person currently or formerly licensed to practice podiatric 
 medicine in another state who satisfies the requirements of this 
 section: 

    (a) The applicant shall satisfy the requirements 
 established in subdivision 1.  

    (b) The applicant shall present evidence satisfactory to 
 the board indicating the current status of a license to practice 
 podiatric medicine issued by the proper agency in another state 
 or country. 

    (c) The applicant must not have had a license revoked, 
 engaged in conduct warranting disciplinary action against a 
 licensee, or been subjected to disciplinary action, in another 
 state.  If an applicant does not satisfy the requirements of 
 this paragraph, the board may refuse to issue a license unless 
 it determines that the public will be protected through issuance 
 of a license with conditions or limitations the board considers 
 appropriate.  

    (d) The applicant shall submit with the license application 
 the following additional information for the five-year period 
 preceding the date of filing of the application:  (1) the name 
 and address of the applicant's professional liability insurer in 
 the other state; and (2) the number, date, and disposition of 
 any podiatric medical malpractice settlement or award made to 
 the plaintiff relating to the quality of podiatric medical 
 treatment. 

    Subd. 3.    Temporary permit.  Upon payment of a fee and 
 in accordance with the rules of the board, the board may issue a 
 temporary permit to practice podiatric medicine to a podiatrist 
 engaged in a clinical residency or preceptorship for a period 
 not to exceed 12 months.  A temporary permit may be extended 
 under the following conditions: 

    (1) the applicant submits acceptable evidence that the 
 training was interrupted by circumstances beyond the control of 
 the applicant and that the sponsor of the program agrees to the 
 extension; 

    (2) the applicant is continuing in a residency that extends 
 for more than one year; or 

    (3) the applicant is continuing in a residency that extends 
 for more than two years. 

    HIST: 1987 c 108 s 5; 1999 c 67 s 1 

     153.17 Practicing without license; penalty. 

    Subdivision 1.    Unlawful practice of podiatric medicine. 
  It is unlawful for any person not holding a valid license or 
 permit issued in accordance with this chapter to practice 
 podiatric medicine as defined in section 153.01, subdivision 2, 
 in this state.  

    Subd. 2.    Practice of podiatric medicine defined.  It 
 is unlawful for any person not holding a valid license or permit 
 issued in accordance with this chapter to: 

    (1) advertise, hold out to the public, or represent in any 
 manner that the person is authorized to practice podiatric 
 medicine in this state; 

    (2) use in the conduct of any occupation or profession 
 pertaining to the diagnosis or medical, mechanical, or surgical 
 treatment of the ailments of the human hand, foot, ankle, or 
 soft tissue of the lower leg distal to the tibial tuberosity, 
 the designation "doctor of podiatric medicine," "podiatrist," 
 "D.P.M.," "podiatric physician," "chiropodist," "foot 
 specialist," or "foot doctor," or uses any title, degree, 
 letter, syllable, word, or words that would tend to lead the 
 public to believe that person was authorized to practice or 
 assume duties incident to the practice of podiatric medicine. 

    Subd. 3.    Penalty.  Any person violating the 
 provisions of subdivision 1 or 2 is guilty of a gross 
 misdemeanor. 

    HIST: 1987 c 108 s 6; 1999 c 67 s 2 

     153.18 Exemptions. 

    Section 153.17 does not apply to, control, prevent, or 
 restrict the practice, service, or activities of:  

    (1) a person who is a commissioned medical officer of, a 
 member of, or employed by, the armed forces of the United 
 States, the United States Public Health Service, the Veterans 
 Administration, any federal institution or any federal agency 
 while engaged in the performance of official duties within this 
 state, if the person is licensed elsewhere; 

    (2) a person licensed by a health-related licensing board, 
 as defined in section 214.01, subdivision 2, or registered by 
 the commissioner of health under section 214.13, if the person's 
 professional activities are confined within the scope of the 
 license; 

    (3) a Christian Scientist or other person who endeavors to 
 prevent or cure disease or suffering exclusively by mental or 
 spiritual means or by prayer. 

    HIST: 1987 c 108 s 7 

     153.19 Grounds for disciplinary action. 

    Subdivision 1.    Grounds listed.  The board may refuse 
 to grant a license or may impose disciplinary action as 
 described in this section against any doctor of podiatric 
 medicine.  The following conduct is prohibited and is grounds 
 for disciplinary action: 

    (1) failure to demonstrate the qualifications or satisfy 
 the requirements for a license contained in this chapter or 
 rules of the board; the burden of proof shall be upon the 
 applicant to demonstrate the qualifications or satisfaction of 
 the requirements; 

    (2) obtaining a license by fraud or cheating or attempting 
 to subvert the licensing examination process; 

    (3) conviction, during the previous five years, of a felony 
 reasonably related to the practice of podiatric medicine; 

    (4) revocation, suspension, restriction, limitation, or 
 other disciplinary action against the person's podiatric medical 
 license in another state or jurisdiction, failure to report to 
 the board that charges regarding the person's license have been 
 brought in another state or jurisdiction, or having been refused 
 a license by any other state or jurisdiction; 

    (5) advertising that is false or misleading; 

    (6) violating a rule adopted by the board or an order of 
 the board, a state, or federal law that relates to the practice 
 of podiatric medicine, or in part regulates the practice of 
 podiatric medicine, or a state or federal narcotics or 
 controlled substance law; 

    (7) engaging in any unethical conduct; conduct likely to 
 deceive, defraud, or harm the public, or demonstrating a willful 
 or careless disregard for the health, welfare, or safety of a 
 patient; or podiatric medical practice that is professionally 
 incompetent, in that it may create unnecessary danger to any 
 patient's life, health, or safety, in any of which cases, proof 
 of actual injury need not be established; 

    (8) failure to supervise a preceptor or resident; 

    (9) aiding or abetting an unlicensed person in the practice 
 of podiatric medicine, except that it is not a violation of this 
 clause for a podiatrist to employ, supervise, or delegate 
 functions to a qualified person who may or may not be required 
 to obtain a license or registration to provide health services 
 if that person is practicing within the scope of that person's 
 license or registration or delegated authority; 

    (10) adjudication as mentally incompetent, or a person who 
 is mentally ill, or as a chemically dependent person, a person 
 dangerous to the public, a sexually dangerous person, or a 
 person who has a sexual psychopathic personality by a court of 
 competent jurisdiction, within or without this state; 

    (11) engaging in unprofessional conduct that includes any 
 departure from or the failure to conform to the minimal 
 standards of acceptable and prevailing podiatric medical 
 practice, but actual injury to a patient need not be 
 established; 

    (12) inability to practice podiatric medicine with 
 reasonable skill and safety to patients by reason of illness or 
 chemical dependency or as a result of any mental or physical 
 condition, including deterioration through the aging process or 
 loss of motor skills; 

    (13) revealing a privileged communication from or relating 
 to a patient except when otherwise required or permitted by law; 

    (14) improper management of medical records, including 
 failure to maintain adequate medical records, to comply with a 
 patient's request made under section 144.335 or to furnish a 
 medical record or report required by law; 

    (15) accepting, paying, or promising to pay a part of a fee 
 in exchange for patient referrals; 

    (16) engaging in abusive or fraudulent billing practices, 
 including violations of the federal Medicare and Medicaid laws 
 or state medical assistance laws; 

    (17) becoming addicted or habituated to a drug or 
 intoxicant; 

    (18) prescribing a drug for other than medically accepted 
 therapeutic or experimental or investigative purposes authorized 
 by a state or federal agency; 

    (19) engaging in sexual conduct with a patient or conduct 
 that may reasonably be interpreted by the patient as sexual, or 
 in verbal behavior which is seductive or sexually demeaning to a 
 patient; 

    (20) failure to make reports as required by section 153.24 
 or to cooperate with an investigation of the board as required 
 by section 153.20; 

    (21) knowingly providing false or misleading information 
 that is directly related to the care of that patient unless done 
 for an accepted therapeutic purpose such as the administration 
 of a placebo. 

    Subd. 2.    Evidence.  In disciplinary actions alleging 
 a violation of subdivision 1, clause (3) or (4), a copy of the 
 judgment or proceeding under the seal of the court administrator 
 or of the administrative agency that entered the same is 
 admissible into evidence without further authentication and 
 constitutes prima facie evidence of the contents of that 
 judgment or proceeding.  

    HIST: 1987 c 108 s 8; 1992 c 559 art 1 s 7; 1Sp1994 c 1 art 2 
 s 17; 2002 c 221 s 7 

     153.20 Podiatrist cooperation. 

    A podiatrist who is the subject of an investigation by or 
 on behalf of the board shall cooperate fully with the 
 investigation.  Cooperation includes responding fully and 
 promptly to any question raised by or on behalf of the board 
 relating to the subject of the investigation and providing 
 copies of patient medical records, as reasonably requested by 
 the board, to assist the board in its investigation.  The board 
 shall pay for copies requested.  If the board does not have a 
 written consent from a patient permitting access to the 
 patient's records, the podiatrist shall delete any data in the 
 record that identifies the patient before providing it to the 
 board.  The board shall maintain any records obtained under this 
 section as investigative data under chapter 13. 

    HIST: 1987 c 108 s 9 

     153.21 Mental examination; access to medical data. 

    Subdivision 1.    Submission to examination.  If the 
 board has probable cause to believe that a doctor of podiatric 
 medicine falls within the provisions of section 153.19, 
 subdivision 1, clause (12), it may direct the doctor to submit 
 to a mental or physical examination or chemical dependency 
 evaluation.  For the purpose of this subdivision, a doctor of 
 podiatric medicine licensed under this chapter is considered to 
 have consented to submit to a mental or physical examination 
 when directed in writing by the board and further to have waived 
 all objections to the admissibility of the examiner's testimony 
 or examination reports on the ground that the same constitute a 
 privileged communication.  Failure of a podiatrist to submit to 
 an examination when directed constitutes an admission of the 
 allegations against the podiatrist, unless the failure was due 
 to circumstance beyond the podiatrist's control, in which case a 
 default and final order may be entered without the taking of 
 testimony or presentation of evidence.  A podiatrist affected 
 under this subdivision shall at reasonable intervals be given an 
 opportunity to demonstrate that the podiatrist can resume the 
 competent practice of podiatric medicine with reasonable skill 
 and safety to patients.  In any proceeding under this 
 subdivision, neither the record of proceedings nor the orders 
 entered by the board shall be used against a podiatrist in any 
 other proceeding.  

    Subd. 2.    Access to medical data.  In addition to 
 ordering a physical or mental examination or chemical dependency 
 evaluation, the board may, notwithstanding section 13.384, 
 144.651, or any other law limiting access to medical or other 
 health data, obtain medical data and health records relating to 
 a licensee or applicant without the licensee's or applicant's 
 consent if the board has probable cause to believe that a doctor 
 of podiatric medicine falls within the provisions of section 
 153.19, subdivision 1, clause (12).  The medical data may be 
 requested from a provider, as defined in section 144.335, 
 subdivision 1, paragraph (b), an insurance company, or a 
 government agency, including the department of human services.  
 A provider, insurance company, or government agency shall comply 
 with any written request of the board under this section and is 
 not liable in any action for damages for releasing the data 
 requested by the board if the data are released in accordance 
 with a written request under this section, unless the 
 information is false and the provider giving the information 
 knew, or had reason to believe, the information was false. 

    HIST: 1987 c 108 s 10; 1999 c 227 s 22 

     153.22 Forms of disciplinary action; dates; automatic 
  suspension; reissuance. 

    Subdivision 1.    Forms of disciplinary action.  When 
 the board finds, after notice and hearing, that a licensed 
 doctor of podiatric medicine has violated a provision or 
 provisions of this chapter, it may do one or more of the 
 following:  

    (1) revoke the license; 

    (2) suspend the license; 

    (3) impose limitations or conditions on the podiatrist's 
 practice of podiatric medicine; the imposition of retraining or 
 rehabilitation requirements; the requirement of practice under 
 supervision; or the conditioning of continued practice on 
 demonstration of knowledge or skills by appropriate examination 
 or other review of skill and competence; 

    (4) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the podiatrist of any economic advantage gained 
 by reason of the violation charged or to reimburse the board for 
 the cost of the investigation and proceeding; 

    (5) order the podiatrist to provide unremunerated 
 professional service under supervision at a designated public 
 hospital, nursing home, clinic, or other health care 
 institution; or 

    (6) censure or reprimand the licensed podiatrist. 

    Subd. 2.    Temporary suspension of license.  In 
 addition to any other remedy provided by law, the board may, 
 without a hearing, temporarily suspend the license of a doctor 
 of podiatric medicine if the board finds that the doctor has 
 violated a statute or rule that the board is empowered to 
 enforce and continued practice by the doctor would create a 
 serious risk of harm to the public.  The suspension is effective 
 upon written notice to the doctor, specifying the statute or 
 rule violated.  The suspension remains in effect until the board 
 issues a final order in the matter after a hearing.  At the time 
 it issues the suspension notice, the board shall schedule a 
 disciplinary hearing to be held under the contested case 
 procedure of the Administrative Procedure Act.  The doctor must 
 be provided with at least 20 days' notice of any hearing held 
 under this subdivision.  The hearing must be scheduled to begin 
 no later than 30 days after the issuance of the suspension order.

    Subd. 3.    Effective dates.  A suspension, revocation, 
 condition, limitation, qualification, or restriction of a 
 license is in effect pending determination of an appeal unless 
 the court, upon petition and for good cause shown, otherwise 
 orders. 

    Subd. 4.    Automatic suspension.  A license to practice 
 podiatric medicine is automatically suspended if (1) a guardian 
 of the person of a licensee is appointed by order of a court 
 under sections 525.54 to 525.61, for reasons other than the 
 minority of the licensee; or (2) the licensee is committed by 
 order of a court under chapter 253B.  The license remains 
 suspended until the licensee is restored to capacity by a court 
 and, upon petition by the licensee, the suspension is terminated 
 by the board after a hearing.  

    Subd. 5.    Conditions on reissued license.  In its 
 discretion, the board may restore and reissue a license to 
 practice podiatric medicine, but as a condition of the license 
 may impose any disciplinary or corrective measure that it might 
 originally have imposed.  

    HIST: 1987 c 108 s 11; 1989 c 209 art 2 s 1; 1Sp1994 c 1 art 2 
 s 18 

     153.23 Disciplinary investigation. 

    Subdivision 1.    Malpractice complaints.  Whenever the 
 files maintained by the board show that a podiatric medical 
 malpractice settlement or award to the plaintiff has been made 
 against a podiatrist as reported by insurers, the executive 
 director may initiate a complaint under section 214.10. 

    Subd. 2.    Access to hospital records.  The board has 
 access to hospital and medical records of a patient treated by 
 the podiatrist under review if the patient signs a written 
 consent permitting that access.  If no consent form has been 
 signed, the hospital or podiatrist shall first delete data in 
 the record that identifies the patient before providing it to 
 the board.  

    HIST: 1987 c 108 s 12 

     153.24 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for discipline 
 under this chapter may report the violation to the board.  

    Subd. 2.    Institutions.  Any hospital, clinic, prepaid 
 medical plan, or other health care institution or organization 
 located in this state shall report to the board any action taken 
 by the institution or organization or any of its administrators 
 or medical or other committees to revoke, suspend, restrict, or 
 condition a podiatrist's privilege to practice or treat patients 
 in the institution, or as part of the organization, any denial 
 of privileges, or any other disciplinary action.  The 
 institution or organization shall also report the resignation of 
 any podiatrists before the conclusion of any disciplinary 
 proceeding, or prior to the commencement of formal charges but 
 after the podiatrist had knowledge that formal charges were 
 contemplated or in preparation.  No report is required of a 
 podiatrist voluntarily limiting practice at a hospital if the 
 podiatrist notifies all hospitals at which the podiatrist has 
 privileges of the voluntary limitation and the reasons for it. 

    Subd. 3.    Licensed professionals.  A licensed health 
 professional shall report to the board personal knowledge of any 
 conduct that the professional reasonably believes constitutes 
 grounds for disciplinary action under this chapter by any 
 podiatrist, including any conduct showing that the podiatrist 
 may be medically incompetent, or may have engaged in 
 unprofessional conduct or may be medically or physically unable 
 to engage safely in the practice of podiatric medicine. 

    Subd. 4.    Insurers.  Four times a year as prescribed 
 by the board, each insurer authorized to sell insurance 
 described in section 60A.06, subdivision 1, clause (13), and 
 providing professional liability insurance to podiatrists shall 
 submit to the board a report concerning the podiatrists against 
 whom podiatric medical malpractice settlements or awards have 
 been made to the plaintiff.  The report must contain at least 
 the following information:  

    (1) the total number of podiatric malpractice settlements 
 or awards made to the plaintiff; 

    (2) the date the podiatric malpractice settlements or 
 awards to the plaintiff were made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made to the plaintiff; 

    (4) the dollar amount of each podiatric malpractice 
 settlement or award; 

    (5) the regular address of the practice of the podiatrist 
 against whom an award was made or with whom a settlement was 
 made; and 

    (6) the name of the podiatrist against whom an award was 
 made or with whom a settlement was made.  

    The insurance company shall, in addition to the foregoing 
 information, report to the board any information it has that 
 tends to substantiate a charge that a podiatrist may have 
 engaged in conduct violating this chapter.  

    Subd. 5.    Courts.  The court administrators of the 
 district courts or any other court of competent jurisdiction 
 shall report to the board any judgment or other determination of 
 the court that adjudges or includes a finding that a podiatrist 
 is a person who is mentally ill, mentally incompetent, guilty of 
 a felony, or guilty of a violation of federal or state narcotics 
 laws or controlled substances act, guilty of an abuse or fraud 
 under Medicare or Medicaid, appoints a guardian of the 
 podiatrist under sections 525.54 to 525.61 or commits a 
 podiatrist under chapter 253B.  

    Subd. 6.    Self-reporting.  A podiatrist shall report 
 to the board any personal action that would require that a 
 report be filed with the board by any person, health care 
 facility, business, or organization under subdivisions 2 to 5. 

    Subd. 7.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 6 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting.  

    HIST: 1986 c 444; 1987 c 108 s 13; 1Sp1994 c 1 art 2 s 19; 
 2002 c 221 s 8 

     153.25 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting a report to the 
 board under section 153.24 or for otherwise reporting to the 
 board violations or alleged violations of section 153.19. 

    Subd. 2.    Investigation.  Members of the board and 
 persons employed by the board or engaged in the investigation of 
 violations and in the preparation and management of charges of 
 violations of this chapter on behalf of the board are immune 
 from civil liability and criminal prosecution for any actions, 
 transactions, or publications in the execution of, or relating 
 to, their duties under this chapter. 

    HIST: 1987 c 108 s 14 

     153.26 Use of nitrous oxide. 

    A podiatrist may use an oxygen-nitrous oxide mixture for 
 sedation or analgesia only under the following conditions: 

    (1) the patient is not rendered unconscious; 

    (2) the nitrous oxide concentration is 70 percent of the 
 mixture or less; 

    (3) the oxygen-nitrous oxide mixture is administered only 
 by nasal inhalator equipped with scavenging system; 

    (4) an individual other than the attending podiatrist 
 monitors the equipment and the patient during the administration 
 of oxygen-nitrous oxide sedation and is medically directed and 
 supervised by the podiatrist; 

    (5) the podiatrist and the individual referred to in clause 
 (4) have successfully completed, after December 31, 1986, a 
 course in nitrous oxide sedation approved by a school of 
 podiatric medicine; 

    (6) the podiatrist and the individual referred to in clause 
 (4) have completed, after December 31, 1986, a course in 
 cardiopulmonary resuscitation; 

    (7) oxygen-nitrous oxide is not used in conjunction with 
 any other analgesic or sedative; and 

    (8) the machine used for administering the oxygen-nitrous 
 oxide mixture includes: 

    (i) an automatic shut-off valve in the event the oxygen 
 concentration is less than three liters per minute; 

    (ii) an immediately available oxygen flush capability 
 utilizing a positive pressure mask for pure oxygen delivery; 

    (iii) an automatic control over maximum nitrous oxide 
 concentration which prevents oxygen concentration from falling 
 below 30 percent of the mixture when nitrous oxide flow is 
 maximal; and 

    (iv) color-coded valves, tanks, and knobs, and pin index 
 and diameter index safety systems. 

    HIST: 1990 c 540 s 2