A.R.S. tit. 32 ch. 7 — Arizona Revised Statutes Title 32 Chapter 7 — Podiatry

32-801. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the state board of podiatry examiners. 2. "Electrical treatment" means using electricity in diagnosing or treating an ailment of the foot or leg by electrodes, lights, rays, vibrators or a machine run by electricity. 3. "Leg" means that part of the lower limb between the knee and the foot. 4. "Letter of concern" means an advisory letter to notify a podiatrist that while there is insufficient evidence to support a disciplinary action the board believes the podiatrist should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the podiatrist's license. 5. "License" means a license to practice podiatry. 6. "Manipulative treatment" means using the hand or machinery in treating the foot or leg. 7. "Mechanical treatment" means applying a mechanical appliance of whatever material to the foot or leg, or to the shoe or other footgear. 8. "Medical treatment" means recommending, prescribing or locally applying a therapeutic agent for relief of a foot or leg ailment. 9. "Podiatric medical assistant" means an unlicensed person who has completed an education program approved by the board, who assists in a podiatric medical practice under the supervision of a podiatrist and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of podiatric medicine. 10. "Podiatrist" is synonymous with podiatric physician and surgeon and means a person who, within the limits of this chapter, is registered and licensed to practice podiatry by means of performing full body physical examinations within the profession's scope of practice and diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local. 11. "Podiatry" is synonymous with chiropody and means diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local. 12. "Surgical treatment" means using a cutting instrument to treat an ailment of the foot or leg. 32-802. State board of podiatry examiners; compensation; employees; immunity A. The state board of podiatry examiners is established consisting of five members who are appointed by the governor. Each member shall be appointed for a term of five years, to begin and end on February 1. B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. Three members of the board shall have practiced podiatry continuously in this state for not less than two years immediately preceding appointment and shall have valid licenses to practice podiatry. Two members of the board shall be lay persons. All members of the board shall be citizens of the United States. D. A vacancy on the board occurring other than by the expiration of a term shall be filled by appointment by the governor for the unexpired term. E. All appointments shall be made promptly, and in the case of the vacancy of a professional member or members, appointment shall be made no later than ninety days from the expiration of the term or vacancy. F. The term of any member, at the discretion of the board, may end and the office be declared vacant for the member's failure to attend three consecutive meetings of the board. G. Members of the board shall receive compensation of fifty dollars for each day of actual service in the business of the board. H. Subject to title 41, chapter 4, article 4, the board may employ personnel, including trained investigators, as it deems necessary to carry out the purposes of this chapter. I. Members and personnel of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. 32-803. Organization; meetings A. The board shall annually elect from its membership a president and a secretary at the annual meeting which shall be held in January. B. The board shall meet at least twice each year at such times and places as it determines. Special meetings may be called by the president or any three members. 32-804. Rule making powers The board may adopt rules and regulations consistent with and necessary to carry out the provisions of this chapter. 32-805. Secretary of board; duties A. The secretary of the board shall receive compensation as determined pursuant to section 38-611. B. The secretary shall: 1. Receive and disburse monies of the board. 2. Keep minutes of board meetings. 3. Keep a record of licenses issued, refused, suspended and revoked, and of applications for licensure. 4. Perform other duties the board prescribes. 32-806. Podiatry fund (L24, Ch. 222, sec. 7. Eff. until 7/1/28) A. At the end of each calendar month, the board shall deposit, pursuant to sections 35-146 and 35-147, fifteen percent of all monies received by the board in the state general fund and the remaining eighty-five percent in the podiatry fund. B. All monies deposited in the podiatry fund are subject to section 35-143.01. 32-806. Podiatry fund (L24, Ch. 222, sec. 8. Eff. 7/1/28) A. At the end of each calendar month, the board shall deposit, pursuant to sections 35-146 and 35-147, ten percent of all monies received by the board in the state general fund and the remaining ninety percent in the podiatry fund. B. All monies deposited in the podiatry fund are subject to section 35-143.01. 32-821. Persons not required to be licensed This chapter shall not apply to: 1. Commissioned physicians and surgeons, osteopaths and podiatrists of a United States military branch of service, public health or veterans administration personnel in the actual performance of their official duties. 2. Licensed physicians and surgeons, osteopaths, chiropractors or naturopaths while lawfully practicing their professions. 3. A visiting podiatrist called into consultation from a state in which he is qualified to practice podiatry. 4. A manufacturer of or dealer in shoes or corrective appliances for prevention, correction or relief of foot ailments, if such manufacturer or dealer is not engaged in the practice of podiatry. 5. A student of an accredited podiatry school whose standards are recognized by the American podiatry association who is engaged, in an official hospital-based or office-based externship or clerkship training program approved by the podiatry school and the board, in the actual performance of the student's duties. 6. A graduate of an accredited podiatry school whose standards are recognized by the American podiatry association who is engaged, in an official hospital-based internship or residency training program approved by the American podiatry association, in the actual performance of such internship or residency duties. 32-822. Application for licensure A. An applicant for a podiatry license shall file with the state board of podiatry examiners an application that is accompanied by the required fee on a form prescribed and furnished by the board. The application shall contain evidence of the applicant's necessary qualifications as the board requires and shall be signed and sworn to by the applicant. B. An applicant for a license pursuant to section 32-827 shall file with the board an application for a license pursuant to section 32-827 that is accompanied by the required fee on a form prescribed and furnished by the board. The application shall contain evidence of the applicant's necessary qualifications as the board requires and shall be signed and sworn to by the applicant. C. Each application submitted pursuant to this section shall contain the oath of the applicant that: 1. All of the information contained in the application and accompanying evidence or other credentials submitted is true and correct. 2. The credentials submitted with the application were procured without fraud or misrepresentation or any mistake of which the applicant is aware and that the applicant is the lawful holder of the credentials. 3. The applicant has read and understands the board's statutes and rules. D. All applications, completed or otherwise, together with all attendant evidence, credentials and other proof submitted with the applications are the property of the board. E. The board shall inform an applicant, promptly and in writing, of any deficiency existing in the application for licensure under this article that prevents the application from being processed. F. An applicant who disagrees with the board's denial of a license shall be granted a hearing on request before the board at its next regular meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies that are the basis of the denial do not exist. 32-823. Qualifications of applicant A. An applicant shall prove to the board that the applicant: 1. Is a graduate of an accredited podiatry school whose standards are recognized by the American podiatry medical association. 2. Has the physical and mental capability to engage safely in the practice of podiatry. 3. Has a professional record that indicates that the applicant has not committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee under this chapter if the applicant has previously engaged in the practice of podiatry. 4. Has a professional record that indicates that the applicant has not had a license to practice podiatry refused, revoked, suspended or restricted in any way by any other state, federal jurisdiction or country for reasons that relate to the ability to competently and safely practice podiatry if the applicant has previously engaged in the practice of podiatry. 5. Has passed a national board written examination. B. The board may require an applicant to submit such credentials or other evidence, written and oral, and may investigate as it deems necessary to adequately inform itself with respect to the applicant's ability to meet the requirements prescribed by this section, including a requirement that the applicant for licensure undergo a physical examination, a mental evaluation or an oral competence examination and interview, or any combination thereof, as the board deems proper. C. Beginning September 1, 2022, an applicant for initial licensure, license renewal, license reinstatement or temporary licensure shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. 32-826. Issuance of license A. The board shall issue a license to practice podiatry to every person who pays the required fee and furnishes satisfactory proof of successfully completing a thirty-six-month residency program. B. Each license shall be signed by the president and secretary of the board and bear the seal of the board. C. The board shall deny a license to an applicant who satisfies all of the licensing requirements of this article if that applicant does not submit the license issuance fee within twelve months after the date of application. An applicant who fails to submit the fee within this time shall reapply for licensure pursuant to this article. 32-827. Comity The board may issue a license to an applicant if the applicant has been licensed to practice podiatry in another state or country from which the applicant applies if: 1. The requirements in the other state or country, at the date of registration or licensing, were substantially equal to those then in force in this state. 2. The applicant has lawfully practiced podiatry in the other state or country for at least five years within the seven years immediately preceding the application for a license in this state. 3. The applicant complies with all other requirements set forth in this chapter for a license. 32-829. Renewal or cancellation of license; change of address; continuing education A. Except as provided in section 32-4301, a license to practice podiatry expires on June 30 of each year. To renew the license the licensee shall submit the renewal fee prescribed in section 32-830 and present evidence satisfactory to the board that in the year preceding the application for renewal the licensee attended at least twenty-five hours of board approved continuing education courses or programs. A licensee who does not renew a license on or before July 30 shall also pay a penalty fee as prescribed in section 32-830 for late renewal. The board shall cancel a license if the licensee does not renew it on or before August 31. A person who practices podiatry in this state after the person's license is cancelled is in violation of this chapter. B. A person whose license is cancelled may reapply for a license to practice podiatry as provided in this chapter. C. On written application the board may waive the requirement provided in subsection A of this section for those licensees who submit satisfactory proof that they were prevented from attending educational programs because of disability, military service or absence from the continental United States. D. Each licensee shall promptly and in writing inform the board of the licensee's current office address and of each change in office address within thirty days. E. If the board finds that an applicant for license renewal has not met the board's continuing education requirements, it may allow the licensee an additional sixty days to meet those requirements after which time the applicant is ineligible for license renewal. 32-830. Fees A. The board shall establish and collect fees not to exceed: 1. For initial application for licensure, which includes the initial registration to dispense drugs and devices, $1,000. 2. For application for a license pursuant to section 32-827 by a podiatrist from another state or country, which includes the initial registration to dispense drugs and devices, $500. 3. For issuing a license, $500. 4. For annual renewal of a license, which includes the annual renewal of registration to dispense drugs and devices, $500. 5. For certifying a licensed podiatrist to authorities of another state or country, $50. 6. For late renewal of a license after July 30 through August 31, $150. B. The board may establish and collect fees for the following: 1. Providing a duplicate wallet card. 2. Providing a duplicate wall certificate. 3. Copying records, documents, letters, minutes, applications, files and policy statements. 4. Providing a licensee list. 5. Providing audio files. 32-851. Practicing podiatry without license prohibited It is unlawful for a person to practice podiatry, or to hold himself out to be or assume or attempt to act as a podiatrist, without a valid unrevoked license to practice podiatry. 32-852. Revocation or suspension of or refusal to issue license; civil penalty A. The board, after notice and a hearing, may suspend, revoke or refuse to issue a license on proof against the applicant or licensee of any of the following: 1. That the applicant or licensee wilfully revealed a privileged communication except as required by law. This paragraph does not prevent members of the board from the full and free exchange of information with licensing and disciplinary boards of other states or jurisdictions of the United States, with foreign countries or with any podiatry society of this state or any other state, county, district, territory or country. 2. That the applicant or licensee knowingly made a false or fraudulent statement, written or oral, required for application or licensing or in connection with the practice of podiatry. 3. That the applicant or licensee had a professional association with or loaned the use of the applicant's or licensee's name to an unlicensed podiatrist or an illegal practitioner of any of the healing arts. 4. That the licensee violated a provision of section 32-854. 5. That the applicant or licensee is guilty of other conduct that disqualifies the applicant or licensee to practice podiatry with regard to the safety and welfare of the public. 6. That the licensee is guilty of unprofessional conduct as defined in section 32-854.01. B. The board may impose against a licensee determined by the board to be in violation of this section a civil penalty of not more than two thousand dollars. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it collects from civil penalties it imposes pursuant to this section in the state general fund. 32-852.01. Investigations; duty to report; unprofessional conduct hearing; decision of board; appeal A. The board on its own motion may investigate any evidence that appears to show that a podiatrist is or may be guilty of a violation of section 32-852. Any podiatrist or the Arizona podiatry association shall, or any other person may, report to the board any information the podiatrist, association or person may have that appears to show that a podiatrist is or may be guilty of unprofessional conduct or is or may be guilty of practice without regard for the safety and welfare of the public. A podiatrist conducting a medical examination pursuant to section 23-1026 is not subject to a complaint of unprofessional conduct based on a disagreement with the findings and opinions expressed by the podiatrist as a result of the examination. Any podiatrist, association, health care institution or other person that reports or provides information to the board in good faith is not subject to civil liability and the name of the reporter shall not be disclosed unless the information is essential to the investigative proceedings conducted pursuant to this section. It is an act of unprofessional conduct for any podiatrist to fail to report as required by this subsection. The chief executive officer, the medical director or the medical chief of staff of a health care institution shall inform the board if the privileges of a podiatrist to practice in that health care institution are denied, revoked, suspended or limited because of actions by the podiatrist that appear to show that the podiatrist is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of podiatry, along with a general statement of the reasons, including patient chart numbers, that led the health care institution to take the action. The chief executive officer, the medical director or the medical chief of staff of a health care institution shall inform the board if a podiatrist under investigation resigns or if a podiatrist resigns in lieu of disciplinary action by the health care institution. Notification shall include a general statement of the reasons for the resignation, including patient chart numbers. The board shall inform all appropriate health care institutions in this state as defined in section 36-401 and the Arizona health care cost containment system administration of a resignation, denial, revocation, suspension or limitation, and the general reason for that action, without divulging the name of the reporting health care institution. A person who reports information in good faith pursuant to this subsection is not subject to civil liability. B. Based on information received pursuant to subsection A of this section, the board may order a summary suspension of a license pending formal proceedings for license revocation or other disciplinary action if the board finds that the protection of the public health or safety requires emergency action. The board shall serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board or an administrative law judge within sixty days. C. If the board finds after completing its investigation that the information provided pursuant to subsection A of this section is not of sufficient seriousness to merit direct action against the license of the podiatrist, it may take any of the following actions: 1. Dismiss if, in the opinion of the board, the information is without merit. 2. File a letter of concern. 3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. D. If the board finds after completing its investigation that the information is or may be true, the board may request an informal hearing with the licensee. If the licensee refuses the invitation or accepts the invitation and the results of the hearing indicate suspension or revocation of the license might be in order, the board shall issue a complaint and conduct a formal hearing pursuant to title 41, chapter 6, article 10. If the board finds at the informal hearing that the information provided under subsection A of this section is true but is not of sufficient seriousness to merit suspension or revocation of the license, it may take one or more of the following actions: 1. File a letter of concern. 2. Issue a decree of censure. 3. Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate the licensee. If a licensee fails to comply with the terms of probation the board may file a complaint and hold a formal hearing pursuant to this section. 4. Impose a civil penalty of not more than two thousand dollars for each violation. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to this paragraph in the state general fund. 5. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. E. If the board believes that the charge is or may be true, the board shall serve on the licensee a summons and complaint that fully states the conduct or inability concerned and the time and place of the hearing. The board shall schedule the hearing not less than thirty days after the date of the summons and complaint. F. The board may require that the licensee under investigation undergo any mental and physical examination and may conduct any investigation, including the taking of depositions, necessary to fully inform itself with respect to the complaint. G. If the licensee wishes to be present at the hearing in person or by representation, or both, the licensee shall file with the board a written and verified answer to the charges within twenty days after service of the summons and complaint. A licensee who complies with this subsection may be present at the hearing with any witnesses of the licensee's choice. H. The board may issue subpoenas for any witnesses, documents and other evidence it may need and for any witnesses, documents and other evidence the licensee may request. The superior court may hold a person who refuses to obey a subpoena in contempt of court. I. Service of the summons and complaint shall be as provided for service of the summons and complaint in civil cases. J. Service of subpoenas for witnesses shall be as provided by law for the service of subpoenas generally. K. The board may administer the oath to all witnesses, shall keep a written transcript of all oral testimony submitted at the hearing and shall keep the original or a copy of all other evidence submitted. The board shall make copies of the transcript available to the licensee at that person's expense and without charge to the court in which the appeal may be taken. At all hearings the board may waive the technical rules of evidence. L. A licensee who, after a hearing held pursuant to this section, is found to be guilty of a violation of section 32-852 or this section is subject to censure, probation as provided in this section, suspension of a license or revocation of a license, or any combination of these, for a period of time or permanently and under any conditions the board deems appropriate for the protection of the public health and safety and just in the circumstances. The board may file a letter of concern if it finds that the violation is not of sufficient seriousness to merit censure, probation or suspension or revocation of a license. The board may also issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. M. Patient records, including clinical records, medical reports, laboratory statements and reports, any file, film, other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or the patient's family might be identified or information received and records kept by the board as a result of the investigation procedure outlined in this chapter are not available to the public. N. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6. O. This section and any other law relating to a privileged communication do not apply to investigations or proceedings conducted pursuant to this chapter. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter. P. If the board acts to modify any podiatrist's prescription writing privileges, it shall immediately notify the state board of pharmacy of the modification. Q. A letter of concern is a public document and may be used in future disciplinary actions against a podiatrist. 32-853. Certain acts exempt from chapter Nothing in this chapter shall prohibit the fitting, recommending, advertising, adjusting or sale of appliances, foot remedies or foot gear by retail dealers or manufacturers, provided that they shall not be made or fabricated by means of plaster casts or molds or by any other means for specific individual persons except on the prescription of a licensed podiatrist or physician. 32-854. Unauthorized practice A license to practice podiatry shall not be issued to a corporation, partnership or association, but two or more licensed podiatrists may occupy and practice in the same office space. 32-854.01. Unprofessional conduct Unprofessional conduct includes the following conduct, whether it occurs in this state or elsewhere: 1. Requesting, listing, accepting or receiving any rebate or commission for prescribing or recommending any footwear, drug, medicine, or other article to the licensee's patients. 2. Prescribing, dispensing or pretending to use, in treating any patient, any secret remedial agent, or manifesting or promoting its use in any way, or guaranteeing or implying to guarantee any treatment, therapy or remedy. 3. Representing that a disease or infirmity can be permanently cured, or that any disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if this is not true. 4. Practicing podiatry under a trade name, under the name of another podiatrist, under any other name than that which appears on the practitioner's license, or under any title that misrepresents the practice of podiatry. 5. Advertising in a false, deceptive or misleading manner or advertising the quality of podiatric service. 6. Employing a solicitor to obtain business. 7. Fee splitting under any guise whatsoever. 8. Failing to report as required in section 32-852.01, subsection A. 9. Failing to obtain written informed consent from a patient before the licensee performs any surgical procedure on the patient. 10. Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by any court of competent jurisdiction is conclusive evidence that the licensee committed the crime. 11. Failing or refusing to maintain adequate records on: (a) A patient who is eighteen years of age or older for at least six years. (b) A patient who is under eighteen years of age for the later of either: (i) Three years after the patient's eighteenth birthday. (ii) Six years after the last date the patient received medical or health care services from the licensee. 12. Failing or refusing to make a patient's records available to a physician or another podiatrist within twenty-one days after a request and the receipt of proper authorization. 13. Habitual intemperance in the use of alcohol or habitual substance abuse. 14. Using controlled substances or prescription-only drugs except if provided by a physician for use during a prescribed lawful course of treatment. 15. Prescribing controlled substances to members of the podiatrist's immediate family. 16. Providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes. 17. Dispensing a schedule II controlled substance that is an opioid, except as provided in section 32-3248.03. 18. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient. 19. Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in treating a disease, injury, ailment or infirmity. 20. Violating any federal or state law applicable to the practice of podiatry. 21. Having the licensee's license refused, revoked or suspended by any other licensing jurisdiction for inability to safely and skillfully practice podiatry or for unprofessional conduct as defined by that jurisdiction that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this section or any act under section 32-852. 22. Committing any conduct or practice that is or might be harmful or dangerous to the health of a patient. 23. Violating any formal order, probation or stipulation issued by the board pursuant to this chapter. 24. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter. 25. Charging or collecting a clearly excessive fee. In determining the reasonableness of a fee, the fee customarily charged in the locality for similar services shall be considered in light of modifying factors, such as the time required, the complexity of the service and the skill requisite to perform the service properly. This paragraph does not apply if there is a clear written contract for a fixed fee between the podiatrist and the patient that has been entered into before the licensee provides the service. 26. Obtaining a fee by fraud, deceit or misrepresentation. 27. Charging a fee for services not rendered. 28. Failing to dispense drugs and devices in compliance with article 4 of this chapter. 32-855. Violations; classification; injunctive relief A. A person is guilty of a class 5 felony who: 1. Practices or advertises or holds himself out as practicing or entitled to practice podiatry, or who in a sign or advertisement uses the term "chiropodist", "foot specialist", "podiatrist" or "practapedist" or any other term or letter indicating or implying that the person practices podiatry or foot correction, without having at the time a valid unrevoked license to practice podiatry. 2. Otherwise violates this chapter. B. The superior court is vested with jurisdiction to restrain any actual or threatened violation of this chapter by an action filed by the board in the county where the cause of action arises. 32-856. Podiatric medical assistants; rules A podiatric medical assistant may assist a podiatrist pursuant to rules adopted by the board. 32-871. Dispensing of drugs and devices; conditions; civil penalty; definition A. A podiatrist may dispense drugs, except schedule II controlled substances that are opioids, and devices kept by the podiatrist if: 1. All drugs are dispensed in packages labeled with the following information: (a) The dispensing podiatrist's name, address and telephone number. (b) The date the drug is dispensed. (c) The patient's name. (d) The name and strength of the drug, directions for its use and any cautionary statements. 2. The dispensing podiatrist enters into the patient's medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason. 3. The dispensing podiatrist keeps all drugs in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents. B. Except in an emergency situation, a podiatrist who dispenses drugs for a profit without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars and not more than one thousand dollars for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board. C. Before dispensing a drug pursuant to this section, the patient shall be given a written prescription on which appears the following statement in bold type: "This prescription may be filled by the prescribing podiatrist or by a pharmacy of your choice." D. A podiatrist shall dispense for profit only to the podiatrist's own patient and only for conditions being treated by that podiatrist. The podiatrist shall provide direct supervision of a nurse or attendant involved in the dispensing process. For the purposes of this subsection, "direct supervision" means that a podiatrist is present and makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed. E. This section shall be enforced by the board, which shall establish rules regarding labeling, recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to ensure compliance with this section and applicable rules. F. For the purposes of this section, "dispense" means the delivery by a podiatrist of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.