RULE 290

3 CCR 712-13

Colorado Podiatry Board Rules and Regulations Further Defining the Scope of the Practice of Podiatry in Colorado

BASIS: The general authority for promulgation of these rules by the Colorado Podiatry Board is set forth in Sections 12-32-104(1)(a), C.R.S.

PURPOSE: The scope of the practice of podiatry is defined statutorily by Section 12-32-101(3), C.R.S. Additionally, specific provisions governing the necessary qualifications for podiatrists who perform surgical procedures on the ankle below the level of the dermis are set forth in Section 12-32-101.5, C.R.S. The purpose of these Rules and Regulations is to clarify and carry out those provisions of Colorado statute defining the scope of the practice of podiatry in Colorado.

STATUTORY PROVISIONS: Section 12-32-101(3)(a) of the Colorado Revised Statutes sets forth the legal definition of the practice of podiatry. That section of the statute includes the following:

Suggesting, recommending, prescribing, or administering any podiatric form of treatment, operation, or healing for the intended palliation, relief, or cure of any disease, ailment, injury, condition or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including complications thereof consistent with such scope of practice, with the intention of receiving, either directly or indirectly, any fee, gift or compensation whatsoever

Section 12-32-101(3)(b) of the Colorado Revised Statutes includes specific limitations on the practice of podiatry as follows:

The practice of podiatry does not include the amputation of the foot or the administration of an anesthetic other than a local anesthetic.

DEFINITIONS: As used in these Rules and Regulations, the following words and phrases have the following meanings:

Condition of the human toe, foot, ankle and/or tendons that insert into the foot includes any disease, disorder, symptoms, ailment, pain, injury, physical condition, deformity, or defect of the human toe, foot, ankle and/or tendons that insert into the foot.

Mid-calf: means 50% of the total distance between the talus and the tibial plateau.

Soft tissue wound: means a lesion to the musculoskeletal junction that includes dermal and sub-dermal tissue that does not involve bone removal or repair or muscle transfer.

Systemic Conditions: A condition that affects one or more parts or organs of the body other than those parts found in the human toe, foot, ankle, and/or tendons that insert into the foot.

INTERPRETATION OF Section 12-32-101(3), C.R.S.

1.  A podiatrist may possess, order, prescribe, dispense or administer preparations, medicines and/or drugs, including relevant braces, orthotics, prostheses and footwear, in order to treat conditions of the human toe, foot, ankle, and/or tendons that insert into the foot or in order to treat local manifestations of systemic conditions affecting the human toe, foot, ankle, and/or tendons that insert into the foot, except that a podiatrist may not administer an anesthetic other than a local anesthetic.

2.  Within the limitations set forth below, a podiatrist shall perform a patient history and physical examinations that may include complete examinations that are necessary for the effective identification and treatment of conditions of the human toe, foot, ankle, tendons that insert into the foot, and/or soft tissues would below the mid-calf. Complete examinations are often necessary for the identification and assessment of systemic and localized conditions contributing to or causing conditions of the human toe, foot, ankle, tendons that insert into the foot, and/or soft tissue wounds below the mid-calf. Such examinations may encompass the evaluation of all organ systems or body parts. However, as set forth in section 12-32-101(3)(c) and where generally accepted standards of podiatric practice so require, a podiatrist shall also assure that a licensed health care provider who is authorized by law to treat systemic conditions, also performs a history and physical examination for the patient.

3.  When treating soft tissue wounds below the mid-calf, a podiatrist shall conform to all requirements set forth in section 12-32-101(3)(c) and 12-32-101(4), this rule, and the generally accepted standards of podiatric practice.

4.  A podiatrist may amputate a portion of the foot but may not disarticulate between the talus and the tibia.

5.  A podiatrist may take emergency measures that are reasonable and necessary to protect and stabilize the patient’s health until an appropriate provider authorized by law to treat the condition can intervene.

6.  A podiatrist performing a podiatric medical or surgical procedure on the human toe, foot, ankle, tendons that insert into the foot, and/or soft tissue wounds below the mid-calf, may perform more proximal measures that are incidental to the procedure and that are reasonable and necessary to perform the procedure in accordance with generally accepted standards of podiatric medicine.

Adopted: MARCH 4, 2005, EFFECTIVE MAY 1, 2005; REVISED VIA EMERGENCY RULE EFFECTIVE 7/1/10; REVISED 9/10/10; EFFECTIVE 10/30/10