DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
PODIATRIC MEDICINE AND SURGERY – GENERAL RULES
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 16174, 16178, 16182, 16186, 16204, 16205, 16287, 18031, and 18033 of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16174, 333.16178, 333.16182, 333.16186, 333.16204, 333.16205, 333.16287, 333.18031, and 333.18033, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.8101 and R 338.8102 of the Michigan Administrative Code are amended, R 338.8105, R 338.8121, R 338.8122, R 338.8141, R 338.8143, R 338.8147, R 338.8149, R 338.8151, and R 338.8153 are added, and R 338.8103, R 338.8104, R 338.8107, R 338.8109, R 338.8110, R 338.8113, R 338.8126, R 338.8127, R 338.8128, and R 338.8145 are rescinded, as follows:
PART 1. GENERAL PROVISIONS
R 338.8101 Definitions.
Rule 101. (1) As used in these rules:
(a) "Board"
means the Michigan board of podiatric medicine and surgery. “ABFAS”
means the American Board of Foot and Ankle Surgery.
(b) "Code"
means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211. “ABLES”
means the American Board of Lower Extremity Surgery.
(c) "Department"
means the department of licensing and regulatory affairs. “ABPM” means
the American Board of Podiatric Medicine.
(d) “ABMSP” means the American Board of Multiple Specialties in Podiatry.
(e) “ABWM” means the American Board of Wound Management.
(f) “ACCME” means the Accreditation Council for Continuing Medical Education.
(g) “AMA” means the American Medical Association.
(h) “AOA” means the American Osteopathic Association.
(i) “APMA” means the American Podiatric Medical Association.
(j) “APMLE” means the American Podiatric Medical Licensing Examination.
(k) "Board" means the Michigan board of podiatric medicine and surgery.
(l) “CHEA” means the Council for Higher Education Association.
(m) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(n) “CPME” means the Council on Podiatric Medical Education.
(o) "Department" means the department of licensing and regulatory affairs.
(p) “NBPME” means the National Board of Podiatric Medical Examiners.
(2) A term defined in the code has the same meaning when used in these rules.
PART 2. LICENSURE
R 338.8102 Training standards for identifying victims of human trafficking; requirements.
Rule 102. (1) Pursuant
to Under section sections 16148 and 17060 of the code,
MCL 333.16148 and 333.17060, an individual seeking licensure or that
who is licensed or registered shall have completed training in
identifying victims of human trafficking that meets satisfies the
following standards:
(a) Training content that covers all of the following:
(i)
Understanding the types and venues of human trafficking in this state or the
United States.
(ii) Identifying victims of human trafficking in healthcare settings.
(iii) Identifying the warning signs of human trafficking in healthcare settings for adults and minors.
(iv) Identifying resources for reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally-recognized or state-recognized health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an educational program that has been approved by the board for initial licensure, or by a college or university.
(iv) Reading an article related to the identification of victims of human trafficking that meets the requirements of subdivision (a) of this subrule and is published in a peer-reviewed journal, healthcare journal, or professional or scientific journal.
(c) Acceptable modalities of training include any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The
department may select and audit a sample of individuals an individual
and request documentation of proof of completion of training. If audited
by the department, an the individual shall provide an acceptable
proof of completion of training, including either of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by the individual. The certification statement must include the individual’s name and 1 of the following:
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of the article, author, publication name of the peer-reviewed journal, healthcare journal, or professional or scientific journal, and the date, volume, and issue of publication, as applicable.
R 338.8103 Licensure
by examination; requirements. Rescinded.
Rule 103. An applicant for licensure by
examination shall submit a completed application, on a form provided by the
department, together with the requisite fee. In addition to meeting the
requirements of the code and the administrative rules promulgated under the
code, an applicant shall satisfy all of the following requirements:
(a) Have successfully completed the
program of study offered by a school of podiatric medicine approved by the
board in R 338.8113.
(b) Have achieved a passing score on the
required parts of the American Podiatric Medical Licensing Examination (APMLE)
sponsored by the National Board of Podiatric Medical Examiners (NBPME) or its
successor as required by R 338.8104(4).
(c) Have achieved a converted score of
not less than 75 on the podiatric jurisprudence examination administered by the
department or an entity approved by the department
that assesses an applicant’s knowledge of
the laws and rules governing the practice of podiatric medicine and surgery in
this state. An applicant who fails to achieve a passing score on the
jurisprudence examination may repeat the examination without limitation.
(d) Have satisfactorily completed a
minimum of 2 years of a postgraduate training program approved by the board
under R 338.8113. Certification of the completion of the minimum of 2 years of
postgraduate training must not be submitted to the department more than 15 days
before the scheduled completion of the training.
R 338.8104 Examination
approval and adoption; passing score. Rescinded.
Rule 104. (1) The board approves and
adopts the APMLE sponsored by the NBPME or its successor.
(2) An applicant applying for licensure
shall have achieved a passing score on all of the following parts of the APMLE:
(a) Part I.
(b) Part II, written portion only.
(c) Part III.
(3) The accepted passing score for each
part of the APMLE for licensure is the passing score established by the NBPME
or its successor.
R 338.8105 Telehealth.
Rule 105. (1) A licensee shall obtain consent for treatment before providing a telehealth service pursuant to section 16284 of the code, MCL 333.16284.
(2) A licensee shall keep proof of consent for telehealth treatment in the patient’s up-to-date medical record in compliance with section 16213 of the code, MCL 333.16213.
(3) A licensee providing a telehealth service may prescribe a drug if the licensee is a prescriber acting within the scope of the licensee’s practice and in compliance with section 16285 of the code, MCL 333.16285, if the licensee does both of the following:
(a) If medically necessary, refers the patient to a provider that is geographically accessible to the patient.
(b) Makes themself available to provide follow-up care services to the patient, or to refer the patient to another provider, for follow-up care.
(4) A licensee providing telehealth services shall do both of the following:
(a) Act within the scope of the licensee’s practice.
(b) Exercise the same standard of care applicable to a traditional, in-person healthcare service.
R 338.8107 Licensure
by endorsement; requirements. Rescinded.
Rule 107. (1) An applicant for licensure
by endorsement shall hold a current license in good standing from another state
or province of Canada and meet the requirements of the code and the rules
promulgated under the code.
(2) An applicant shall submit a
completed application, on a form provided by the department, together with the
requisite fee.
(3) An applicant for licensure by
endorsement shall achieve a converted score of not less than 75 on the
podiatric jurisprudence examination administered by the department or an entity
approved by the department.
(4) If an applicant was first licensed
in another state and has been actively engaged in the practice of podiatric
medicine for a minimum of 5 years before the date of filing an application for
podiatric medical licensure in this state, it is presumed that the applicant
meets the requirements of section 16186(1)(a) and (b) of the code, MCL
333.16186.
(5) If an applicant was first licensed
in another state and has been actively engaged in the practice of podiatric
medicine for less than 5 years before the date of filing an application for
podiatric medical licensure in this state, the applicant shall satisfy all of
the following requirements:
(a) Have graduated from a school of
podiatric medicine approved by the board under R 338.8113.
(b) Have satisfactorily completed a
minimum of 2 years of a postgraduate training program approved by the board
under R 338.8113.
(c) Have achieved a passing score on
the following parts of the APMLE approved under R 338.8104.
(i) Part I.
(ii) Part II, written portion only.
(iii) Part III.
(6) If an applicant is licensed in a
province of Canada, the applicant shall satisfy both of the following:
(a) Provide proof verifying that the
applicant completed the educational requirements in Canada or in the United
States for licensure as a doctor of podiatric medicine in Canada or in the
United States.
(b) Have achieved a passing score on
the following part of the APMLE:
(i) Part II, written portion only.
(ii) Part III.
(7) An applicant for licensure by
endorsement shall comply with both of the following:
(a) Disclose each license,
registration, or certification in a health profession or specialty issued by
another state, the United States military, the federal government, or another
country on the application form.
(b) Satisfy the requirements of section
16174(2) of the code, MCL 333.16174, including verification from the issuing
entity showing that disciplinary proceedings are not pending against the
applicant and sanctions are not in force at the time of application.
R 338.8109 Educational
limited licenses; limited license renewal. Rescinded.
Rule 109. (1) An educational limited
license authorizes the licensee to engage in the practice of podiatric medicine
and surgery as part of a postgraduate education program.
(2) An applicant for an educational
limited license shall submit a completed application, on a form provided by the
department, together with the requisite fee. In addition to meeting the
requirements of the code and the rules promulgated under the code, an applicant
shall satisfy all of the following requirements:
(a) Have successfully completed a
program of study offered by a school of podiatric medicine approved by the
board under R 338.8113.
(b) Have achieved a passing score on
the following parts of the APMLE approved by the board under R 338.8104:
(i) Part I.
(ii) Part II, written portion only.
(c) Have documentation provided
directly to the department verifying that the applicant has been accepted into
a postgraduate training program that satisfies R 338.8113(2).
(3) A limited license is renewable for
not more than 5 years under section 333.18012(2) of the code, MCL 333.18012.
R 338.8110 Requirements
for relicensure after lapse. Rescinded.
Rule 110. (1) An applicant whose license
has been lapsed may be relicensed under section 16201(3) or (4) of the code,
MCL 333.16201, as applicable, if the applicant meets the requirements of the
code and rules promulgated under the code and satisfies the following
requirements as indicated by a (√) below:
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(2) An applicant whose
limited license has lapsed may be relicensed under section 16201(3) or (4) of
the code, MCL 333.16201, as applicable, if the applicant meets the requirements
of the code and rules promulgated under the code. Relicensure of a
limited license is counted the same as a license renewal for purposes of
determining the number of permissible renewals allowed under section 18012(2)
of the code, MCL 333.18012.
(3) If relicensure is granted and it is
determined that a sanction has been imposed by another state, the United States
military, the federal government, or another country, the disciplinary
subcommittee may impose appropriate sanctions under section 16174(5) of the
code, MCL 333.16174.
PART 3.
EDUCATIONAL AND RESIDENCY PROGRAMS
R 338.8113 Accreditation
standards for approval of schools of podiatric medicine and residency programs;
institutions of higher education; adoption of standards by reference. Rescinded.
Rule 113. (1) The board approves and
adopts by reference the standards for accrediting colleges of podiatric
medicine developed and adopted by the Council on Podiatric Medical Education
(CPME) of the American Podiatric Medical Association (APMA) and entitled
“Standards and Requirements for Accrediting Colleges of Podiatric Medicine,”
CPME 120, adopted October 2021, implementation date October 15, 2021. A copy
of the standards and requirements is available at no cost from the council’s
website at www.cpme.org. A copy of the
standards and requirements also is available for inspection and distribution at
a cost of 10 cents per page from the Board of Podiatric Medicine and Surgery,
Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa,
Lansing, Michigan 48909. The board considers any school of podiatric medicine
accredited by the CPME of the APMA as a school of podiatric medicine approved
by the board.
(2) The board approves and adopts by
reference the standards for approval of residency programs developed and
adopted by the CPME of the APMA entitled “Standards and Requirements for
Approval of Podiatric Medicine and Surgery Residencies,” CPME 320, July 2018.
A copy of the standards and requirements is available at no cost from the
council’s website at www.cpme.org. A copy of the
standards and requirements also is available for inspection and distribution at
a cost of 10 cents per page from the Board of Podiatric Medicine and Surgery,
Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa,
Lansing, Michigan 48909. The board considers any residency program approved by
the CPME of the APMA as a school of podiatric medicine approved by the board.
(3) A higher education institution is
considered approved by the board if it is accredited by the accrediting body of
the region in which the institution is located and the accrediting body meets
either the recognition standards and criteria of the Council for Higher
Education Accreditation (CHEA) or the recognition procedures and criteria of
the United States Department of Education. The board adopts by reference the
procedures and criteria for recognizing accrediting organizations of the CHEA,
approved September 24, 2018, and the procedures and criteria for recognizing
accrediting agencies of the United States Department of Education, revised July
1, 2020, as contained in 34 CFR Part 602. Copies of the standards and criteria
of the CHEA and the United States Department of Education are available for
inspection and distribution at a cost of 10 cents per page from the Board of
Podiatric Medicine and Surgery, Bureau of Professional Licensing, Department of
Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing,
Michigan 48909. The CHEA recognition standards also may be obtained at no cost
from the council’s website at http://www.chea.org. The federal
recognition criteria also may be obtained at no cost from the department’s
website at CFR-2020-title34-vol3.pdf
(govinfo.gov).
PART 2. EXAMINATION REQUIREMENT;
APPROVED EDUCATIONAL AND RESIDENCY PROGRAMS
R 338.8121 Examination approval and adoption; requirements; passing score.
Rule 121. (1) The board approves and adopts the APMLE sponsored by the NBPME or its successor.
(2) An applicant applying for licensure shall have achieved a passing score on all of the following parts of the APMLE:
(a) Part I.
(b) Part II, written portion only.
(c) Part III.
(3) The accepted passing score for each part of the APMLE for licensure is the passing score established by the NBPME or its successor.
R 338.8122 Accreditation standards for approval of schools of podiatric medicine and
residency programs; institutions of higher education; adoption of standards by reference.
Rule 122. (1) The board approves and adopts by reference the standards for accrediting colleges of podiatric medicine developed and adopted by the CPME of the APMA and titled “Standards and Requirements for Accrediting Colleges of Podiatric Medicine,” CPME 120, adopted April 2023, implementation date April 22, 2023. A copy of the standards and requirements is available at no cost from the council’s website at www.cpme.org. A copy of the standards and requirements is also available for inspection and distribution at a cost of 25 cents per page from the Board of Podiatric Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa, Lansing, Michigan 48909. The board considers any school of podiatric medicine accredited by the CPME of the APMA as a school of podiatric medicine approved by the board.
(2) The board approves and adopts by reference the standards for approval of residency programs developed and adopted by the CPME of the APMA titled “Standards and Requirements for Approval of Podiatric Medicine and Surgery Residencies,” CPME 320, adopted October 22, 2022, implementation date July 1, 2023. A copy of the standards and requirements is available at no cost from the council’s website at www.cpme.org. A copy of the standards and requirements is also available for inspection and distribution at a cost of 25 cents per page from the Board of Podiatric Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa, Lansing, Michigan 48909. The board considers any residency program approved by the CPME of the APMA as a school of podiatric medicine approved by the board.
(3) A higher education institution is considered approved by the board if it is accredited by the accrediting body of the region where the institution is located and the accrediting body meets either the recognition standards and criteria of the CHEA or the recognition procedures and criteria of the United States Department of Education. The board adopts by reference the procedures and criteria for recognizing accrediting organizations of the CHEA, approved October 4, 2021, and the procedures and criteria for recognizing accrediting agencies of the United States Department of Education, revised July 1, 2020, as contained in 34 CFR part 602. The CHEA recognition standards may be obtained at no cost from the council’s website at http://www.chea.org. The federal recognition criteria may be obtained at no cost from the United States Government Publishing Office’s website at CFR-2020-title34-vol3.pdf (govinfo.gov). Copies of the standards and criteria of the CHEA and the United States Department of Education are available for inspection and distribution at a cost of 25 cents per page from the Board of Podiatric Medicine and Surgery, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, Michigan 48909.
PART 4. CONTINUING
EDUCATION
R 338.8126 License
renewal. Rescinded.
Rule 126. (1) An applicant for license
renewal shall satisfy the requirements of R 338.7001 to R 338.7005 and shall
accumulate not less than 150 hours of continuing podiatric medical education in
activities approved by the board under R 338.8127 during the 3 years
immediately preceding his or her application for renewal.
(2) Submission of an application for
renewal constitutes the applicant’s certification of compliance with the
requirements of this rule. The board may require a licensee to submit evidence
to demonstrate compliance with this rule. A licensee shall retain documentation
of meeting the requirements of this rule for a period of 4 years after the date
of applying for license renewal. Failure to comply with this rule is a
violation of section 16221(h) of the code, MCL 333.16221(h).
(3) A request for a waiver under section
16205 of the code, MCL 333.16205, must be received by the department before the
expiration date of the license.
(4) The department may select and audit
a sample of licensees who have renewed their licenses and request proof of
compliance with subrule (2) of this rule. If audited, the licensee shall
submit documentation as specified under R 338.8127.
R 338.8127 Acceptable
continuing education; requirements; limitations. Rescinded.
Rule 127. (1) The 150 hours of
continuing education required under R 338.8126(1) for the renewal of a license
shall comply with the following, as applicable:
(a) Not more than 12 credit hours must
be earned during one 24-hour period.
(b) A licensee may not earn credit for
a continuing education program or activity that is identical or substantially
identical to a program or activity the licensee has already earned credit for
during that renewal period.
(c) An applicant for license renewal
shall have earned not less than 3 continuing education hours approved by the
CPME or the American Medical Association (AMA) in pain and symptom management
in each renewal period, pursuant to sections 16204(2) and 18033(2) of the code,
MCL 333.16204 and 333.18033. Not less than 2 of the 3 hours must include
controlled substances prescribing. Courses in pain and symptom management may
include, but are not limited to, any of the following as they relate to
professional practice:
(i) Courses in behavior management.
(ii) Pharmacology.
(iii) Behavior modification.
(iv) Stress management.
(v) Clinical applications.
(vi) Drug interventions.
(vii) Controlled substances
prescribing.
(d) An applicant for license renewal
shall have earned at least 1 continuing education hour approved by the CPME or
the AMA in medical ethics.
(2) The board considers the following as
acceptable continuing education:
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R 338.8128 Continuing
education programs; adoption of standards by reference; board approval.
Rescinded.
Rule 128. (1) The board approves and
adopts by reference the standards for approving sponsors of continuing
education developed and adopted by the CPME of the APMA entitled, “Standards
and Requirements for Approval of Providers of Continuing Education in Podiatric
Medicine,” CPME 720, adopted October 2019, implementation date: July 1, 2020.
A copy of the standards and requirements is available at no cost from the
council’s website at www.cpme.org. A copy of the
standards and requirements is also available for inspection and distribution at
a cost of 10 cents per page from the Board of Podiatric Medicine and Surgery,
Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa,
Lansing, Michigan 48909.
(2) A continuing education program
approved by the CPME is considered approved by the board.
(3) The board shall consider requests
for approval of individual continuing education programs. A sponsor shall
submit an application and information regarding the program or activity to the
department not less than 60 days before the program or activity is held. For
purposes of this rule, 1 credit of continuing education is defined as 50 to 60
minutes of program attendance or participation in an activity.
(4) The board shall evaluate
applications for approval based upon all of the following:
(a) The content of a program or
activity must enhance the skills, knowledge, and practice of podiatric medicine
and surgery.
(b) The sponsor shall provide an
outline of the program or activity that includes a statement of educational
goals or measurable behavioral objectives, or both.
(c) The program or activity shall be
presented, if applicable, by instructors who are qualified and competent in the
subject matter as demonstrated by their education, training, and experience.
(d) Licensee attendance at the
program or activity shall be monitored by the sponsor, if applicable.
(e) The sponsor shall maintain, for a
period of 3 years from the date of each program, records of program attendance
or completion of an activity that show all of the following, as applicable:
(i) The date a program was held or
an activity completed.
(ii) The location of a program.
(iii) The credentials of the
individuals who presented a program.
(iv) Rosters of individuals who
were in attendance at a program or completed an activity.
(v) The continuing education
credits awarded to each attendee or participant.
(f) The sponsor shall award a
certificate or written evidence of attendance at a program or completion of an
activity that includes the following, as applicable:
(i) The participant’s name.
(ii) The date and location of the
program.
(iii) The sponsor or program
approval number.
(iv) The number of continuing
education credits earned.
(5) The board may deny approval of
programs or activities offered by institutions and organizations if the board
or authorized committee determines that the programs or activities offered by
those institutions or organizations fail to demonstrate compliance with the
legislative intent to further educate licensees on subjects related to the
practice of podiatric medicine and surgery.
PART 3. LICENSURE REQUIREMENTS
R 338.8141 Initial licensure by examination; requirements.
Rule 141. An applicant for licensure by examination shall submit a completed application, on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and the rules promulgated under the code, an applicant shall satisfy all of the following requirements:
(a) Have successfully completed the program of study offered by a school of podiatric medicine approved by the board in R 338.8122.
(b) Have achieved a passing score on the required parts of the APMLE sponsored by the NBPME or its successor as approved by the board and required under R 338.8121.
(c) Have satisfactorily completed a minimum of 2 years of a postgraduate training program approved by the board under R 338.8122. Certification of the completion of the minimum 2 years of postgraduate training must not be submitted to the department more than 15 days before the end of the 2-year minimum completion date.
R 338.8143 Licensure by endorsement; requirements.
Rule 143. (1) An applicant for licensure by endorsement shall hold a current license in good standing from another state or province of Canada and meet the requirements of the code and the rules promulgated under the code.
(2) An applicant shall submit a completed application, on a form provided by the department, together with the requisite fee.
(3) If an applicant was first licensed in another state and has been actively engaged in the practice of podiatric medicine for 5 years or more before the date of filing an application for podiatric medical licensure in this state, it is presumed that the applicant meets the requirements of section 16186(1)(a) and (b) of the code, MCL 333.16186.
(4) If an applicant was first licensed in another state and has been actively engaged in the practice of podiatric medicine for less than 5 years before the date of filing an application for podiatric medical licensure in this state, the applicant shall satisfy all of the following requirements:
(a) Have graduated from a school of podiatric medicine approved by the board under R 338.8122.
(b) Have satisfactorily completed a minimum of 2 years of a postgraduate training program approved by the board under R 338.8122.
(c) Have achieved a passing score on the required parts of the APMLE sponsored by the NBPME or its successor as approved by the board and required under R 338.8121.
(5) If an applicant was first licensed in a province of Canada and has been actively engaged in the practice of podiatric medicine for 10 years or more before the date of filing an application for podiatric medical licensure in this state, it is presumed that the applicant meets the requirements of section 16186(1)(a) and (b) of the code, MCL 333.16186.
(6) If an applicant was first licensed in a province of Canada and has been actively engaged in the practice of podiatric medicine for less than 10 years before the date of filing an application for podiatric medical licensure in this state, the applicant shall satisfy all of the following:
(a) Provide proof verifying that the applicant completed the educational requirements in Canada or in the United States for licensure as a doctor of podiatric medicine in Canada or in the United States.
(b) Have satisfactorily completed a minimum of 2 years of a postgraduate training program approved by the board under R 338.8122.
(c) Have achieved a passing score on the required parts of the APMLE sponsored by the NBPME or its successor as approved by the board and required under R 338.8121.
(7) An applicant for licensure by endorsement shall comply with both of the following:
(a) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form.
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.
PART 5.
TELEHEALTH
R 338.8145 Telehealth.
Rescinded.
Rule 145. (1)
Consent for treatment must be obtained before providing a telehealth service
pursuant to section 16284 of the code, MCL 333.16284.
(2) Evidence of
consent must be maintained in the patient’s up-to-date medical record and
retained in compliance with section 16213 of the code, MCL 333.16213.
(3) A podiatrist
providing a telehealth service may prescribe a drug if the podiatrist is a
prescriber acting within the scope of his or her practice and in compliance
with section 16285 of the code, MCL 333.16285, if he or she does both of the
following:
(a) If
medically necessary, refers the patient to a provider that is geographically
accessible to the patient.
(b) Makes
himself or herself available to provide follow up care services to the patient,
or to refer the patient to another provider, for follow up care.
(4) A
podiatrist providing any telehealth service must do both of the following:
(a) Act within
the scope of his or her practice.
(b) Exercise
the same standard of care applicable to a traditional, in-person health care
service.
R 338.8147 Educational limited licenses; limited license renewal.
Rule 147. (1) An educational limited license authorizes the licensee to engage in the practice of podiatric medicine and surgery as part of a postgraduate education program.
(2) An applicant for an educational limited license shall submit a completed application, on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and the rules promulgated under the code, an applicant shall satisfy all of the following requirements:
(a) Have successfully completed a program of study offered by a school of podiatric medicine approved by the board under R 338.8122.
(b) Have achieved a passing score on the required parts of the APMLE sponsored by the NBPME or its successor as approved by the board and required under R 338.8121.
(c) Have documentation provided directly to the department verifying that the applicant has been accepted into a postgraduate training program that satisfies R 338.8122.
(3) A limited license is renewable for not more than 5 years under section 333.18012(2) of the code, MCL 333.18012. Relicensure of this limited license is counted the same as renewal for purposes of this subrule.
R 338.8149 Requirements for relicensure after lapse.
Rule 149. (1) An applicant whose license has been lapsed may be relicensed under section 16201(3) or (4) of the code, MCL 333.16201, as applicable, if the applicant meets the requirements of the code and rules promulgated under the code and satisfies the following requirements as indicated by a (√) below:
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(a) For a podiatrist who has let their Michigan license lapse and is not currently licensed or registered as a podiatrist in another state or province of Canada: |
Lapsed 3 years or less. |
Lapsed more than 3 years. |
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(i) |
Submit a completed application on a form provided by the department, together with the required fee. |
√
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√
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(ii) |
Establish that the applicant is of good moral character as that term is defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. |
√
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√
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|
(iii) |
Submit fingerprints as required by section 16174(3) of the code, MCL 333.16174. |
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√
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(iv) |
Complete 150 hours of continuing education pursuant to R 338.8153, including both of the following: (A) Not less than 3 hours in pain and symptom management pursuant to R 338.8153(1)(c). Not less than 2 of the 3 hours must include controlled substances management. (B) At least 1 hour in medical ethics pursuant to R 338.8153(1)(f).
The applicant shall submit proof of having completed the required continuing education within the 3-year period immediately preceding the date of the application for relicensure. If the continuing education hours submitted with the application are deficient, the applicant has 2 years after the date the department received the application to complete the deficient hours. |
√
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√
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(v) |
Achieve a passing score on part III of the APMLE sponsored by the NBPME or its successor within 3 years of the application for relicensure. |
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√ |
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(vi) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√ |
√
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(b) For a podiatrist who has let their Michigan license lapse and is currently licensed or registered as a podiatrist in another state or province of Canada: |
Lapsed 3 years or less. |
Lapsed more than 3 years. |
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|
(i) |
Submit a completed application on a form provided by the department, together with the required fee. |
√
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√
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(ii) |
Establish that the applicant is of good moral character as that term is defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. |
√ |
√
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|
(iii) |
Submit fingerprints as required by section 16174(3) of the code, MCL 333.16174. |
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√
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(iv) |
Complete 150 hours of continuing education pursuant to R 338.8153 including both of the following: (A) Not less than 3 hours in pain and symptom management pursuant to R 338.8153(1)(c). Not less than 2 of the 3 hours must include controlled substances management. (B) At least 1 hour in medical ethics pursuant to R 338.8153(1)(f).
The applicant shall submit proof of having completed the required continuing education within the 3-year period immediately preceding the date of the application for relicensure. If the continuing education hours submitted with the application are deficient, the applicant has 2 years after the date the department received the application to complete the deficient hours. |
√
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√
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(v) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√ |
√
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(2) An applicant whose limited license has lapsed may be relicensed under section 16201(3) or (4) of the code, MCL 333.16201, as applicable, if the applicant meets the requirements of the code and rules promulgated under the code. Relicensure of a limited license is counted the same as a license renewal for purposes of determining the number of permissible renewals allowed under section 18012(2) of the code, MCL 333.18012.
(3) If relicensure is granted and it is determined that a sanction has been imposed by another state, the United States military, the federal government, or another country, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
PART 4. LICENSE RENEWAL; CONTINUING EDUCATION
Rule 151. (1) An applicant for license renewal shall accumulate not less than 150 hours of continuing podiatric medical education in activities approved by the board under R 338.8153 during the 3 years immediately preceding making application for renewal.
(2) An applicant shall satisfy the implicit bias training standards requirements of R 338.7004. The licensee may count the hours earned satisfying the requirements of R 338.7004 as part of the 150 hours of continuing education required under subrule (1) of this rule if the hours were earned by participating in a course or activity approved by the board under R 338.8153.
(3) Submission of an application for renewal constitutes the applicant’s certification of compliance with the requirements of this rule. The board may require a licensee to submit evidence to demonstrate compliance with this rule. A licensee shall retain documentation of meeting the requirements of this rule for a period of 4 years after the date of applying for license renewal. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221.
(4) A request for a waiver under section 16205 of the code, MCL 333.16205, must be received by the department not less than 30 days before the last regularly scheduled board meeting before the expiration date of the license.
(5) The department may select and audit a sample of renewal applications and request a licensee to produce documentation proving that the licensee complied with the continuing education requirements. If audited, the licensee shall submit documentation as specified under R 338.8153.
R 338.8153 Acceptable continuing education; requirements; limitations.
Rule 153. (1) The 150 hours of continuing education required under R 338.8151(1) for the renewal of a license shall comply with the following, as applicable:
(a) Not more than 12 credit hours may be earned during one 24-hour period.
(b) Except for the implicit bias training required under R 338.7004 that may be used to comply with R 338.7004 and a continuing education requirement under R 338.8151(1), a licensee may not earn credit for a continuing education program or activity that is identical or substantially identical to a program or activity the licensee has already earned credit for during that renewal period.
(c) In each renewal period, an applicant for license renewal shall have earned not less than 3 continuing education hours in pain and symptom management approved by 1 of the following:
(i) The ACCME.
(ii) The AMA.
(iii) The AOA.
(iv) The CPME.
(v) The Michigan Osteopathic Association.
(vi) The Michigan State Medical Society.
(d) Not less than 2 of the 3 hours of pain and symptom management required under subdivision (c) of this subrule must include controlled substances management.
(e) Courses that satisfy the pain and symptom management requirement of subdivision (c) of this subrule include, but are not limited to, any of the following as they relate to professional practice:
(i) Courses in behavior management.
(ii) Pharmacology.
(iii) Behavior modification.
(iv) Stress management.
(v) Clinical applications.
(vi) Drug interventions.
(vii) Controlled substances management.
(f) An applicant for license renewal shall have earned at least 1 continuing education hour in medical ethics approved by 1 of the following:
(i) The ACCME.
(ii) The AMA.
(iii) The AOA.
(iv) The CPME.
(v) The Michigan Osteopathic Association.
(vi) The Michigan State Medical Society.
(2) The board approves and adopts by reference the standards for approving sponsors of continuing education developed and adopted by the CPME of the APMA titled, “Standards and Requirements for Approval of Providers of Continuing Education in Podiatric Medicine,” CPME 720, adopted October 2019, implementation date: July 1, 2020. A copy of the standards and requirements is available at no cost from the council’s website at www.cpme.org. A copy of the standards and requirements is also available for inspection and distribution at a cost of 25 cents per page from the Board of Podiatric Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa, Lansing, Michigan 48909.
(3) A continuing education program approved by the CPME is considered approved by the board.
(4) The board considers the following as acceptable continuing education:
|
Activity Code |
Acceptable Continuing Education Activities and Proof of Completion |
Number of Continuing Education Hours Granted/Allowed for Each Activity |
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(a) |
Attendance at or participation in a continuing education program or activity related to the practice of podiatry, or any non-clinical subject relevant to practice, education, administration, management, or science, including, but not limited to, live and in-person programs, interactive or monitored teleconference or audio-conference programs, online programs, and journal articles or other self-study programs offered by a sponsor accredited or approved by the CPME.
If audited, the licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date the program was held or activity was completed. |
The number of continuing education hours earned for a specific program or activity is the number of hours approved by the sponsor or the approving organization.
A minimum of 75 hours must be earned in each renewal period, unless all 150 hours are earned in Activity Code (n).
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(b) |
Attendance at or participation in a continuing education program or activity related to the practice of podiatry, or any non-clinical subject relevant to practice, education, administration, management, or science, including, but not limited to, live and in-person programs, interactive or monitored teleconference or audio-conference programs, online programs, and journal articles or other self-study programs approved by another state or provincial board of podiatric medicine and surgery.
If audited, the licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date the program was held or activity was completed. |
The number of continuing education hours earned for a specific program or activity is the number of hours approved by the sponsor or the approving organization.
If the activity was not approved for a set number of hours, 1 credit hour for each 50 to 60 minutes of participation may be earned.
A maximum of 75 hours may be earned for this category in each renewal period.
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(c) |
Attendance at or participation in a continuing education program or activity related to the practice of podiatry, or any non-clinical subject relevant to practice, education, administration, management, or science, including, but not limited to, live and in-person programs, interactive or monitored teleconference or audio-conference programs, online programs, and journal articles or other self-study programs accredited, approved, or offered by any of the following:
· The AMA. · The AOA.
If audited, the licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date the program was held or activity was completed. |
The number of continuing education hours earned for a specific program or activity is the number of hours approved by the sponsor or the approving organization.
A maximum of 40 hours may be earned in this category in each renewal period.
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(d) |
Obtaining an initial specialty board certification from 1 of the following:
· ABPM. · ABFAS. · ABMSP. · ABLES. · ABWM.
If audited, the licensee shall submit proof of certification. |
Fifty hours of continuing education are earned in the year the applicant is advised of passing the certification examination.
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(e) |
Completing an activity that is required for maintenance of a specialty certification recognized by 1 of the following and has not been used to satisfy the requirements of a certification obtained under activity code (d):
· ABFAS. · ABPM, if the maintenance of the specialty certification included completion of the ABPM Competency Assessment.
If audited, the licensee shall provide both of the following: (i) Proof of an active ABFAS or ABPM certification during the licensing during the renewal cycle. (ii) A self-certification statement signed by the licensee verifying the time spent on the activity. The self-certification statement must include each date that an activity was completed, a description of the activity completed, and the number of hours spent in preparing for or completing the activity. |
One hour of continuing education is earned for every 60 minutes spent on the activity. A maximum of 30 hours may be earned for this activity in each renewal period. |
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(f) |
Serving as an instructor of podiatric medical students, house staff, other physicians, or allied health professionals in a hospital or institution that offers a postgraduate training program that is approved by the board pursuant to R 338.8122, if the hospital or institution has approved the instruction.
If audited, the licensee shall submit a letter from the program director verifying the licensee’s role. |
Two hours of continuing education are earned for each 50 to 60 minutes spent as an instructor.
A maximum of 50 hours of continuing education may be earned in this category each renewal period.
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(g) |
Serving as an instructor of podiatric students at an accredited podiatric medical institution under a rotating externship program recognized and approved by the medical institution in accordance with R 338.8122.
If audited, the licensee shall submit a letter from the sponsoring podiatric institution verifying the licensee’s role. |
Two hours of continuing education are earned for each 50 to 60 minutes spent as an instructor.
A maximum of 50 hours may be earned in this category in each renewal period.
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(h) |
Initial publication of an article related to the practice of podiatric medicine and surgery in a peer-reviewed journal.
If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter. |
Twenty-five hours of continuing education are earned per publication.
A maximum of 75 hours may be earned in this category in each renewal period. |
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(i) |
Initial publication of a chapter related to the practice of podiatric medicine and surgery in either of the following:
· A professional or healthcare textbook. · A peer-reviewed textbook.
If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter. |
Fifty hours of continuing education are earned per publication.
A maximum of 50 hours may be earned in this category in each renewal period. |
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(j) |
Initial presentation of a scientific exhibit, a formal original scientific paper, or both, at a professional meeting.
If audited, the licensee shall submit a copy of the document presented with evidence of the presentation and a log indicating time spent in preparation or a letter from the program sponsor verifying the length and date of the presentation and a log indicating time spent in preparation. |
Two hours of continuing education are earned for each 50 to 60 minutes of presentation and preparation.
A maximum of 30 hours may be earned in this category each renewal period. |
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(k) |
Independent study, which is the independent reading of peer-reviewed professional journals or medical textbooks.
If audited, the licensee shall submit an affidavit attesting to the number of hours the licensee spent participating in these activities and a bibliography listing the journal, article, the author or authors, publication date, and date read. |
One hour of continuing education is earned for each 50 to 60 minutes of participation.
A maximum of 30 hours may be earned in this category in each renewal period.
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(l) |
Completion of a multi-media program that requires a licensee to complete a self-assessment component, including, but not limited to, videotapes, internet web-based seminars, video conferences, online continuing education programs, and journal articles. This does not include multi-media programs that satisfy the requirements of activity codes (a), (b), or (c). A self-assessment component includes, but is not limited to, a post-test or other evaluation instrument that assesses the knowledge an individual gained after completing an activity.
If audited, the licensee shall submit a certificate of self-assessment provided by the program sponsor. |
One hour of continuing education is earned for each 50 to 60 minutes of participation.
A maximum of 30 hours may be earned in this category each renewal period. |
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(m) |
Participation on a hospital staff committee dealing with quality patient care or utilization review, or both.
If audited, the licensee shall submit a letter from an organization official verifying the licensee’s participation and the number of hours the licensee spent participating on the committee. |
One hour of continuing education is earned for each 50 to 60 minutes of participation.
A maximum of 30 hours may be earned in this category each renewal period. |
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(n) |
Full-time enrollment in a postgraduate clinical training program related to the practice of podiatric medicine and surgery in a hospital or institution that is approved by the board pursuant to R 338.8122.
If audited, the licensee shall submit a letter from the program director verifying the licensee participated in the program. |
A minimum of 5 months participation per year is required.
Fifty hours of continuing education are earned for each year of full-time enrollment.
A maximum of 150 hours may be earned in this category each renewal period. |