Podiatry License Defense
Representation Before the State Board of Podiatry
The State Board of Podiatry licenses podiatrists in the Commonwealth and enforces the Podiatry Practice Act and the Board's regulations, which address professional conduct, fee splitting, referrals, the supervision of auxiliary personnel and compliance with the MCARE Act.
Board matters commonly arise from patient complaints, prescribing questions, billing audits, allegations of improper solicitation or fee arrangements, and criminal charges. Because the Act addresses both the quality of care and the business of practice, a matter may concern either or both.
Mimm Law, LLC represents podiatrists at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Podiatry
- Statute
- Podiatry Practice Act, 63 P.S. § 42.1 et seq.
- Regulations
- 49 Pa. Code Chapter 29
- Licensees
- Podiatrists
- Renewal
- Biennial; licenses expire December 31 of even-numbered years
Who the Board Regulates
- Podiatrist license
- License by reciprocity
- Volunteer license
Grounds for Discipline
Section 16 of the Podiatry Practice Act (63 P.S. § 42.16) authorizes the Board to discipline a licensee for, among other things:
- Fraud or deceit in obtaining a license or admission to podiatric education
- A conviction, guilty or nolo contendere plea, probation without verdict or ARD on a felony or a practice-related or moral turpitude offense
- Gross incompetence, gross immorality, negligence or misconduct
- Violation of the Act or the Board's regulations
- Lending, borrowing or using the license of another
- Addiction to alcohol or drugs, a controlled substance felony, or mental incompetence
- Knowingly making substantial misrepresentations
- Unethical conduct, or misleading or fraudulent advertising
- Soliciting patients other than through legitimate advertising, or paying commissions for referrals
- Discipline in another state, territory or country
- Conduct presenting an immediate and clear danger to public health or safety
Sanctions the Board May Impose
The Board may deny a license, issue a public reprimand, revoke, suspend, limit or restrict a license, require care or counseling, impose probation or restore a license subject to conditions. Failure to comply with the MCARE Act's insurance requirements may also lead to suspension or revocation. The Board may temporarily suspend the license of a licensee who presents an immediate and clear danger, a license is automatically suspended upon a felony drug conviction or a legal commitment to an institution for mental incompetency, and a revoked licensee must wait at least five years to apply for reinstatement, with re-examination.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Fee Arrangements and Referrals
The Board's regulations prohibit gifts or payments for referrals and the splitting of fees with unlicensed persons. Practice arrangements with other providers should be reviewed against these rules.
Auxiliary Personnel
Auxiliary personnel who perform radiologic procedures must pass a recognized examination and work under the podiatrist's direction on the premises.
Continuing Education and Insurance
Podiatrists must complete 50 hours of continuing education each biennial period and maintain the professional liability coverage required by the MCARE Act.
Matters We Handle
- Patient complaints concerning care or outcomes
- Prescribing practices and controlled substances
- Reported malpractice payments and privilege actions
- Billing and recordkeeping irregularities
- Continuing education audits
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
Is a marketing arrangement with another practice permissible?
It depends on its terms. Payments or gifts for referrals and the splitting of fees with unlicensed persons are prohibited, and solicitation other than through legitimate advertising is a ground for discipline. Arrangements should be reviewed before they are signed.
A patient complained about the result of a procedure. What should I expect?
The Board will review whether the care met accepted standards and was properly documented, and whether proper consent was obtained. The complete chart, including imaging and consent forms, is central to the response and should be produced unaltered.
Is the Voluntary Recovery Program available to podiatrists?
Yes. The Act allows the Board to defer, and ultimately dismiss, corrective action for an impaired podiatrist who progresses satisfactorily in an approved treatment program; the option is not available after a felony drug conviction.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.