(1) Any person who practices or offers or attempts to practice podiatry within this state without an active license issued under this article 290 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) Any person who presents as the person's own the diploma, license, certificate, or credentials of another, gives either false or forged evidence of any kind to the board, or any member thereof, in connection with an application for a license to practice podiatry, practices podiatry under a false or assumed name, or falsely impersonates another licensee of a like or different name commits a class 6 felony and shall be punished as provided in section 18-1.3-401. (3) A person shall not advertise in any form or hold himself or herself out to the public as a podiatrist, or, in any sign or any advertisement, use the word "podiatrist", "foot specialist", "foot correctionist", "foot expert", "practipedist", "podologist", or any other terms or letters indicating or implying that the person is a podiatrist or that the person practices or holds himself or herself out as practicing podiatry or foot correction in any manner, without having, at the time of so doing, a valid, unsuspended, and unrevoked license as required by this article 290. (4) No podiatrist shall willfully cause the public to believe that the podiatrist has qualifications extending beyond the limits of this article 290, and no podiatrist shall willfully sign the podiatrist's name using the prefix "Doctor" or "Dr." without following the podiatrist's name with "podiatrist", "Doctor of Podiatric Medicine", or "D.P.M." No podiatrist shall use the title "podiatric physician" unless the title is followed by the words "practice limited to treatment of the foot and ankle". (5) The conduct of the practice of podiatry in a corporate capacity is hereby prohibited, but the prohibition shall not be construed to prevent the practice of podiatry by a professional service corporation whose stockholders are restricted solely to licensed podiatrists. A professional service corporation may exercise the powers and shall be subject to the limitations and requirements, insofar as applicable, as are provided in section 12-290-118, relating to professional service corporations for the practice of podiatry. (6) The provisions of this article 290 shall not: (a) Apply to any physician licensed to practice medicine or surgery, any regularly commissioned surgeon of the United States armed forces or United States public health service, or any licensed osteopath; (b) Be construed to prohibit the recommending, advertising, fitting, adjusting, or sale of corrective shoes, arch supports, or similar mechanical appliances and foot remedies by retail dealers and manufacturers; (c) Be construed to prohibit, or to require a license for, the rendering of services under the personal and responsible direction and supervision of a person licensed to practice podiatry, and this exemption shall not apply to persons otherwise qualified to practice podiatry but not licensed to practice in this state; or (d) Be construed to prohibit, or to require a license for, the rendering of nursing services by registered or other nurses in the lawful discharge of their duties pursuant to part 1 of article 255 of this title 12.
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