§ 375. Unprofessional conduct

(a) [Repealed.]

(b) The following conduct and the conduct described in section 1354 of this title by a licensed podiatrist constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of licensure:

(1) fraud or misrepresentation in applying for or procuring a podiatry license or in connection with applying for or procuring a periodic renewal of a podiatry license;

(2) occupational advertising that is intended or has a tendency to deceive the public;

(3) exercising undue influence on or taking improper advantage of a person using the individual's services, or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the practitioner or of a third party;

(4) failing to comply with provisions of federal or State statutes or rules governing the profession;

(5) conviction of a crime related to the profession;

(6) conduct that evidences unfitness to practice the profession.

(c) Unprofessional conduct includes the following actions by a licensee:

(1) making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file the proper professional report or record;

(2) practicing the profession when mentally or physically unfit to do so;

(3) failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes as determined by the Board:

(A) performance of unsafe or unacceptable patient care; and

(B) failure to conform to the essential standards of acceptable and prevailing practice;

(4) practicing or offering to practice beyond the scope permitted by law;

(5) accepting and performing responsibilities that the individual knows or has reason to know that he or she is not competent to perform;

(6) making any material misrepresentation in the practice of the profession, whether by commission or omission;

(7) administering, dispensing, or prescribing any controlled substance other than as authorized by law;

(8) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the podiatrist's ability to practice.

(d) A person aggrieved by a determination of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board. (Added 1985, No. 256 (Adj. Sess.), § 10, eff. June 30, 1986; amended 1989, No. 250 (Adj. Sess.), § 12; 2003, No. 34, § 12, eff. May 23, 2003; 2011, No. 61, § 1, eff. June 2, 2011.)