Amends, repeals, and adds to existing law to provide for the Podiatric Medical Practice Act.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 787
BY HEALTH AND WELFARE COMMITTEE
AN ACT	1
RELATING TO PODIATRISTS; REPEALING CHAPTER 6, TITLE 54, IDAHO CODE, RELATING	2
TO PODIATRISTS; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW	3
CHAPTER 6, TITLE 54, IDAHO CODE, TO DEFINE PODIATRY, TO PROVIDE THAT	4
LICENSURE IS A PREREQUISITE TO PRACTICE, TO ESTABLISH POWERS AND DUTIES	5
OF THE STATE BOARD OF MEDICINE, TO ESTABLISH PROVISIONS REGARDING AP-	6
PLICATION AND EXAMINATION FOR LICENSE, TO PROVIDE FOR LICENSE ISSUANCE	7
AND RENEWALS, TO ESTABLISH GROUNDS FOR LICENSE SUSPENSION, DENIAL,	8
REFUSAL TO RENEW, OR REVOCATION, TO DEFINE UNPROFESSIONAL CONDUCT, TO	9
ESTABLISH PROCEEDINGS FOR SUSPENSION, REVOCATION, OR OTHER DISCIPLINE	10
OF LICENSURE, TO PROVIDE FOR LICENSURE BY ENDORSEMENT, TO PROVIDE THAT	11
PRACTICING WITHOUT A LICENSE SHALL BE A FELONY, AND TO PROVIDE FOR CER-	12
TAIN DISPOSITION OF FUNDS AND PROPERTY; AMENDING SECTION 54-1805, IDAHO	13
CODE, TO REVISE PROVISIONS REGARDING THE COMPOSITION OF THE BOARD OF	14
MEDICINE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-1395,	15
IDAHO CODE, TO REVISE PROVISIONS REGARDING THE PRACTICE OF PODIATRY AND	16
TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-4401, IDAHO CODE,	17
TO REVISE A DEFINITION AND TO MAKE A TECHNICAL CORRECTION; PROVIDING	18
THAT CERTAIN ADMINISTRATIVE RULES CONTAINED IN IDAPA 24.11.01 SHALL	19
BE NULL, VOID, AND OF NO FORCE AND EFFECT; PROVIDING SEVERABILITY; AND	20
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	21
Be It Enacted by the Legislature of the State of Idaho:	22
SECTION 1. That Chapter 6, Title 54, Idaho Code, be, and the same is	23
hereby repealed.	24
SECTION 2. That Title 54, Idaho Code, be, and the same is hereby amended	25
by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-	26
ter 6, Title 54, Idaho Code, and to read as follows:	27
CHAPTER 6	28
PODIATRIC MEDICAL PRACTICE ACT	29
54-601. PODIATRY DEFINED. (1) Podiatry shall, for the purpose of this	30
chapter, mean the diagnosis and mechanical, electrical, medical, physical,	31
and surgical treatment of ailments of the human foot and leg and the casting	32
of feet for the purpose of preparing or prescribing corrective appliances,	33
prosthetics, or custom orthopedic shoes for corrective treatment; how-	34
ever, the casting of feet for preparing corrective appliances, prosthetics,	35
or custom orthopedic shoes may be permitted on the prescription of a duly	36
licensed person in the healing arts in this state. Podiatrists shall be	37
limited in their practice to the human foot and leg. Surgical treatment,	38
as herein used, shall mean the surgical treatment of the foot and ankle and	39
those soft tissue structures below the knee governing the function of the	40
foot and ankle, but it shall not include the amputation of the leg, surgery of	41

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the knee joint, surgery of the bony structures proximal to the distal half of	1
the tibia, or the administration or monitoring of general anesthesia.	2
(2) Advanced surgical procedures, as determined by the state board of	3
medicine, shall be performed in a licensed hospital or certified ambulatory	4
surgical center accredited by the joint commission or the accreditation as-	5
sociation for ambulatory health care where a peer review system is in place.	6
(3) A podiatrist may administer narcotics and medications in the treat-	7
ment of ailments of the human foot and leg in the same manner as a physician	8
licensed to practice pursuant to chapter 18, title 54, Idaho Code.	9
(4) A podiatrist is defined as a natural person who practices podiatry	10
within the scope of this chapter and shall be referred to as a podiatric	11
physician and surgeon. Nothing within this chapter shall prohibit any	12
physician or surgeon, registered and licensed as such and authorized to	13
practice under the laws of the state of Idaho, or any physician or surgeon of	14
the United States army, navy, or public health service when in actual perfor-	15
mance of his duties from practicing medicine and surgery.	16
54-602. LICENSE A PREREQUISITE TO PRACTICE. It is unlawful for any	17
person to practice podiatry unless licensed to do so as provided in this	18
chapter.	19
54-603. POWERS AND DUTIES OF STATE BOARD OF MEDICINE. The state board	20
of medicine, herein referred to as the board, shall have the following powers	21
and duties:	22
(1) To ascertain the qualifications and fitness of applicants to prac-	23
tice podiatry and to pass upon the qualifications of applicants for licenses	24
by endorsement; and	25
(2) To conduct hearings and proceedings for discipline of licensees as	26
set forth in this chapter.	27
54-604. APPLICATION AND EXAMINATION FOR LICENSE. (1) Every person,	28
except as hereinafter provided, desiring to practice podiatry within this	29
state shall make application to the board in the form designated by the	30
board. Such application shall be accompanied by an application fee not to	31
exceed two hundred dollars ($200) and an original license fee not to exceed	32
four hundred dollars ($400).	33
(2) Each applicant shall:	34
(a) Not have been convicted or found guilty in this state or in any other	35
state of a crime that is deemed relevant in accordance with the provi-	36
sions of section 67-9411(1), Idaho Code;	37
(b) Submit to a fingerprint-based criminal history background check in	38
accordance with the provisions of section 67-9411A, Idaho Code;	39
(c) Be a graduate of a four (4) year school of podiatry located within	40
the United States or Canada approved by the council on podiatric medical	41
education and the American podiatric medical association, or its for-	42
eign equivalent;	43
(d) Have completed an accredited podiatric residency approved by the	44
council on podiatric medical education of no less than twenty-four (24)	45
months, a minimum of twelve (12) months of which shall be surgical.	46

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Proof of completion shall be received directly from the residency pro-	1
gram; and	2
(e) Pass all parts of the American podiatric medical licensing examina-	3
tion administered by the national board of podiatric medical examiners.	4
54-605. LICENSES -- ISSUANCE -- RENEWALS. (1) If an applicant passes a	5
satisfactory examination and shows that he is a person who has not been con-	6
victed or found guilty in this state or in any other state of a crime that is	7
deemed relevant in accordance with section 67-9411(1), Idaho Code, and that	8
he possesses the qualifications of a licensed podiatrist required by this	9
chapter, he shall be entitled to a license authorizing him to practice podi-	10
atry within the state of Idaho. The successful applicant shall be issued a	11
license by the division of occupational and professional licenses upon pay-	12
ment of the original license fee.	13
(2) In order to maintain and renew a license, licensees must submit	14
proof of completion of thirty (30) hours of continuing education every two	15
(2) years, reported with their renewal application. All continuing educa-	16
tion courses shall be germane to the practice of podiatry. The renewal fee	17
shall not exceed five hundred dollars ($500).	18
54-606. LICENSES -- GROUNDS FOR SUSPENSION, DENIAL, REFUSAL TO RENEW,	19
OR REVOCATION. No license may be issued, and a license previously issued may	20
be suspended, revoked, or otherwise disciplined, if the person applying or	21
the person licensed is:	22
(1) Found guilty by a court of competent jurisdiction of a crime that is	23
deemed relevant in accordance with section 67-9411(1), Idaho Code;	24
(2) Found by the board to be a repeated and excessive abuser of any drug,	25
including alcohol, or any controlled substance;	26
(3) Found by the board to be in violation of any provision of this chap-	27
ter;	28
(4) Found by the board to have used fraud or deception in the procuring	29
of any license;	30
(5) Found by the board to have had any action, including denial of a li-	31
cense or the voluntary surrender of or voluntary limitation on a license,	32
taken against the licensee by any peer review body, any health care insti-	33
tution, any professional medical society or association, or any court, law	34
enforcement, or governmental agency;	35
(6) Found by the board to have failed to comply with the applicable	36
standard of podiatric care; or	37
(7) Found by the board to have failed to cooperate in a board investiga-	38
tion or to comply with a board order.	39
54-607. UNPROFESSIONAL CONDUCT DEFINED. It shall constitute unpro-	40
fessional conduct justifying suspension, revocation, or other discipline of	41
a license for any person holding a license to practice podiatry to:	42
(1) Offer, give, or promise, either directly or indirectly, any gift in	43
return for the procurement of a patient or patients for podiatric treatment;	44
(2) Request, list, accept, or receive any rebates or commission for	45
prescribing or recommending any footwear, drug, medicine, or any other ar-	46
ticle, to his patients;	47

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(3) Prescribe, dispense, or pretend to use, in treating any patient,	1
any secret remedial agent, or manifest or promote its use in any way, or guar-	2
antee or imply to guarantee any treatment, therapy, or remedy whatsoever;	3
(4) Use any form of advertising that is false, misleading, or decep-	4
tive;	5
(5) Use any title other than that of podiatrist or doctor of podiatric	6
medicine. The term "foot specialist" or "physician and surgeon of the feet"	7
may be used as explanatory terms of the title podiatrist but not alone or as a	8
substitute therefor;	9
(6) Employ a solicitor or solicitors to obtain business;	10
(7) Publish or use untruthful or improbable statements with the intent	11
of deceiving or defrauding the public or any patient; or	12
(8) Violate the applicable standard of podiatric care for the ethical	13
practice of podiatry in this state as described in this chapter.	14
54-608. PROCEEDINGS FOR SUSPENSION, REVOCATION, OR OTHER DISCIPLINE	15
OF LICENSE. (1) Proceedings for the suspension, revocation, or other disci-	16
pline of a license shall be conducted in accordance with the provisions of	17
chapter 52, title 67, Idaho Code.	18
(2) The board shall have the power to administer oaths, take deposi-	19
tions of witnesses within or without the state in the manner provided by law	20
in civil cases, and, throughout the state of Idaho, to require the attendance	21
of such witnesses and the production of such books, records, and papers as	22
it may desire, relevant to any hearing before it of any matter that it has	23
authority to investigate, and for that purpose, the board may issue a sub-	24
poena for any witness or a subpoena duces tecum to compel the production of	25
books, records, or papers, directed to the sheriff of any county of the state	26
of Idaho where such witness resides or may be found, which shall be served	27
and returned in the same manner as a subpoena in a criminal case. Fees and	28
mileage of the witnesses shall be the same as that allowed in the district	29
courts in criminal cases and shall be paid from any funds in the state trea-	30
sury in the same manner as other expenses of the board are paid. In the event	31
of disobedience to or neglect of any subpoena or subpoena duces tecum served	32
on any person, or the refusal of any witness to testify to any matter regard-	33
ing which he may be lawfully interrogated, it shall be the duty of the dis-	34
trict court of any county in this state in which such disobedience, neglect,	35
or refusal occurs, or any judge thereof, upon application by the board, to	36
compel obedience by proceedings for contempt as in the case of disobedience	37
of the requirements of a subpoena issued from such court or for refusal to	38
testify therein. The licensed person accused shall have the same right of	39
subpoena upon making application to the board therefor.	40
(3) If the board finds that the licensed person accused has violated any	41
of the provisions of this chapter, the board may enter an order that includes	42
one (1) or more of the following:	43
(a) Revoking the respondent's license to practice podiatric medicine;	44
(b) Suspending or restricting the respondent's license to practice po-	45
diatric medicine;	46
(c) Imposing conditions or probation on the respondent's license, in-	47
cluding requiring rehabilitation or remediation;	48
(d) Issuing a public reprimand;	49

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(e) Imposing an administrative fine not to exceed ten thousand dollars	1
($10,000) for each count or offense; or	2
(f) Assessing costs and attorney's fees against the respondent for any	3
investigation, administrative proceeding, or both.	4
54-609. LICENSE BY ENDORSEMENT. The board may issue a license to an ap-	5
plicant by endorsement where the applicant has passed an examination for and	6
is currently licensed to practice podiatry in another state. The applicant	7
shall satisfy in all other respects the requirements for licensure in this	8
chapter. All applications for licensure by endorsement must be accompanied	9
by an application fee.	10
54-610. PRACTICE WITHOUT A LICENSE A FELONY. Any person who practices	11
or attempts to practice podiatry, who publicly advertises as a podiatrist,	12
who uses the title chiropodist, podiatrist, or any other word, title, or ab-	13
breviation calculated to induce belief that he is engaged in the practice of	14
podiatry, or who holds himself out to the public as diagnosing the ailments	15
of or treating in any manner the human foot by medical, physical, or surgical	16
methods without a license as provided in this chapter shall be deemed guilty	17
of a felony.	18
54-611. DISPOSITION OF FUNDS AND PROPERTY. (1) On July 1, 2026, or soon	19
as practicable thereafter, the division of occupational and professional	20
licenses shall transfer any outstanding assets, moneys, obligations, or	21
liabilities of the state board of podiatry to the state board of medicine.	22
(2) All fees received under the provisions of this chapter shall be paid	23
to the division of occupational and professional licenses and deposited into	24
the state treasury to the credit of the occupational licenses fund, and all	25
costs and expenses incurred under the provisions of this chapter shall be a	26
charge against and paid from said fund.	27
SECTION 3. That Section 54-1805, Idaho Code, be, and the same is hereby	28
amended to read as follows:	29
54-1805. THE STATE BOARD OF MEDICINE ESTABLISHED. (1) There is hereby	30
established in the division of occupational and professional licenses a	31
state board of medicine to be composed of eleven (11) members.	32
(2)(a) The board shall consist of eleven (11) members. The director	33
of the Idaho state police or the director's designated agent shall be a	34
member of the board. Seven (7) members shall be physicians who are res-	35
idents of this state and engaged in the active practice of medicine in	36
this state, two (2) members shall be public members, and one (1) member	37
shall be a physician assistant who is a resident of this state and en-	38
gaged in the active practice of medicine in this state.	39
(b) All physician and physician assistant appointments to the board	40
shall be for a single six (6) year term. The physician members shall	41
consist of six (6) members who are licensed to practice medicine in	42
this state and one (1) member who is licensed to practice osteopathic	43
medicine in this state. The physician assistant member shall be	44
licensed to practice medicine in this state. Whenever a term of a mem-	45
ber of the board who is licensed to practice medicine or osteopathic	46

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medicine expires or becomes vacant, the governor shall consider rec-	1
ommendations provided by professional organizations of physicians and	2
physician assistants and by any individual residing in this state for	3
appointment.	4
(c) All public members shall be appointed by the governor for three (3)	5
year terms. Public members must reside in the state and be persons of	6
integrity and good reputation who have lived in this state for at least	7
five (5) years immediately preceding their appointment, who have never	8
been authorized to practice a healing art, and who have never had a sub-	9
stantial personal, business, professional, or pecuniary connection	10
with a healing art or with a medical education or health care facility,	11
except as patients or potential patients.	12
(2)(a) Six (6) members shall be physicians who are licensed and engaged	13
in the active practice of medicine in this state, one (1) member shall	14
be licensed and engaged in the active practice of osteopathic medicine	15
in this state, one (1) member shall be licensed and engaged in the active	16
practice of podiatric medicine in this state, one (1) member shall be a	17
physician assistant who is licensed and engaged in the active practice	18
of medicine in this state, and two (2) members shall be public members.	19
(b) All members of the board shall be residents of this state.	20
(c) All members of the board shall be appointed by the governor for five	21
(5) year terms and shall serve at the pleasure of the governor.	22
(d) Public members must be persons of integrity and good reputation who	23
have lived in this state for at least five (5) years immediately pre-	24
ceding their appointment, who have never been authorized to practice a	25
healing art, and who have never had a substantial personal, business,	26
professional, or pecuniary connection with a healing art or with a med-	27
ical education or health care facility, except as patients or potential	28
patients.	29
(3) Appointments to fill vacancies occurring from some other reason	30
than expiration of a term for which a member was appointed shall be made in	31
the same manner as hereinabove set forth for the unexpired term. All board	32
members shall serve at the pleasure of the governor.	33
(4) The board shall elect a chairman from its membership. The members	34
of the board, except for state employees, shall be compensated as provided	35
by section 59-509(p), Idaho Code. Six (6) members of the board shall consti-	36
tute a quorum, and the board may act by virtue of a majority vote of members	37
present at a meeting.	38
SECTION 4. That Section 39-1395, Idaho Code, be, and the same is hereby	39
amended to read as follows:	40
39-1395. PRACTICE OF PODIATRY -- MEDICAL STAFF MEMBERSHIP. Except as	41
otherwise provided in this section, no provision or provisions of this sec-	42
tion shall in any way change or modify the authority or power of the governing	43
body of any hospital to make such rules, standards or qualifications for med-	44
ical staff membership as they, in their discretion, may deem necessary or ad-	45
visable, or to grant or refuse membership on a medical staff.	46
An applicant for medical staff membership may not be denied membership	47
solely on the ground that the applicant holds a license to practice podiatry	48
issued by the Idaho state board of podiatry medicine. The criteria utilized	49

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for granting medical staff membership shall be reasonable and shall not dis-	1
criminate against podiatry.	2
The process for considering applications for medical staff membership	3
and privileges shall afford each applicant due process.	4
All applications for medical staff membership shall be acted upon on	5
within one hundred twenty (120) days from the date the required information	6
is submitted.	7
The accordance and delineation of clinical privileges for podiatrists	8
shall be determined on an individual basis and commensurate with the appli-	9
cant's education, training, experience and demonstrated competence. In im-	10
plementing these procedures, each hospital shall formulate and apply rea-	11
sonable standards that do not discriminate in the evaluation of an appli-	12
cant's credentials.	13
A member of the medical staff licensed pursuant to chapter 18, title 54,	14
Idaho Code, shall have responsibility for the overall medical care of the pa-	15
tient while in the hospital. Arrangements for the services of a member of the	16
medical staff licensed pursuant to chapter 18, title 54, Idaho Code, for the	17
purposes of this section shall be the sole responsibility of the admitting	18
podiatrist and not that of the hospital or any other member of the medical	19
staff.	20
SECTION 5. That Section 54-4401, Idaho Code, be, and the same is hereby	21
amended to read as follows:	22
54-4401. DEFINITIONS. As used in this chapter:	23
(1) "Board" means:	24
(a) The state board of podiatry as established in chapter 6, title 54,	25
Idaho Code;	26
(b) (a) The state board of chiropractic physicians as established in	27
chapter 7, title 54, Idaho Code;	28
(c) (b) The state board of dentistry as established in chapter 9, title	29
54, Idaho Code;	30
(d) (c) The state board of nursing as established in chapter 14, title	31
54, Idaho Code;	32
(e) (d) The state board of optometry as established in chapter 15, title	33
54, Idaho Code;	34
(f) (e) The state board of pharmacy as established in chapter 17, title	35
54, Idaho Code;	36
(g) (f) The state board of medicine as established in chapter 18, title	37
54, Idaho Code;	38
(h) (g) The board of veterinary medicine as established in chapter 21,	39
title 54, Idaho Code;	40
(i) (h) The Idaho state board of psychologist examiners as established	41
in chapter 23, title 54, Idaho Code;	42
(j) (i) The state board of social work examiners as established in chap-	43
ter 32, title 54, Idaho Code;	44
(k) (j) The Idaho state counselor licensing board as established in	45
chapter 34, title 54, Idaho Code; and	46
(l) (k) Any health care related board granted licensing authority by	47
the legislature after July 1, 1993.	48

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(2) "Peer assistance entity" means an organization, a program, a com-	1
mittee or a professional association which that is designed to address any	2
or all of the following issues affecting practitioners of the health care	3
professions: chemical dependency and/or impairment; psychological impair-	4
ment; and mental or physical impairment.	5
SECTION 6. The rules contained in IDAPA 24.11.01, State Board of Podia-	6
try, relating to the State Board of Podiatry, shall be null, void, and of no	7
force and effect on and after July 1, 2026.	8
SECTION 7. SEVERABILITY. The provisions of this act are hereby declared	9
to be severable and if any provision of this act or the application of such	10
provision to any person or circumstance is declared invalid for any reason,	11
such declaration shall not affect the validity of the remaining portions of	12
this act.	13
SECTION 8. An emergency existing therefor, which emergency is hereby	14
declared to exist, this act shall be in full force and effect on and after	15
July 1, 2026.	16

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