NY State Assembly Bill 2009-A2518

Assembly Bill A2518

2009-2010 Legislative Session

Expands the definition of podiatry to include conditions of the ankle and all soft tissue structures of the leg below the knee affecting the foot and ankle

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2010	print number 2518b
Jun 14, 2010	amend and recommit to higher education
Jan 08, 2010	print number 2518a
Jan 08, 2010	amend (t) and recommit to higher education
Jan 06, 2010	referred to higher education
Jan 16, 2009	referred to higher education

Bill Amendments

Original

B (Active)

2009-A2518 - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §7001, Ed L; amd §§230-d & 2995-d, Pub Health L; amd §3101, CPLR
Versions Introduced in 2011-2012 Legislative Session:: A3475, A9293

2009-A2518 - Summary

Expands the definition of the practice of podiatry to include conditions of the ankle and all soft tissue structures of the leg below the knee anatomically affecting the foot and ankle; establishes podiatrists licensed prior to the effective date of this act need to be certified to operate on the ankle; provides for the conducting of office based surgery by podiatrists; directs the department of health to study the feasibility of a podiatrist profiling program

2009-A2518 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2518

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW, STIRPE, GABRYSZAK -- Multi-Sponsored by
  -- M. of A. GALEF, LATIMER, LUPARDO, REILLY, WEISENBERG --  read  once
  and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to the practice of podia-
  try

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7001 of the education law, as  amended  by  chapter
677 of the laws of 1996, is amended to read as follows:
  S  7001.  Definition  of practice of podiatry. 1.  The practice of the
profession of podiatry is defined as diagnosing, treating, operating and
prescribing for any disease, injury, deformity or other condition of the
foot, [and may include] ANKLE AND ALL SOFT TISSUE STRUCTURES OF THE  LEG
BELOW  THE  KNEE ANATOMICALLY AFFECTING THE FOOT AND ANKLE. THE PRACTICE
OF PODIATRY INCLUDES performing physical evaluations in conjunction with
[the provision of] podiatric treatment.  Podiatrists may treat traumatic
open wound fractures only in hospitals, as defined  in  article  twenty-
eight of the public health law.
  2.  [The  practice  of podiatry shall not include treating any part of
the human body other than  the  foot,  nor  treating  fractures  of  the
malleoli  or cutting operations upon the malleoli.] Podiatrists licensed
to practice, but not authorized to  prescribe  or  administer  narcotics
prior  to  the  effective date of this subdivision, may do so only after
certification by the department in accordance  with  the  qualifications
established  by the commissioner. The practice of podiatry shall include
administering only local anesthetics for therapeutic purposes as well as
for anesthesia and treatment under general  anesthesia  administered  by
authorized persons.
  3.  PODIATRISTS  LICENSED TO PRACTICE, BUT NOT AUTHORIZED TO DIAGNOSE,
TREAT, OPERATE OR PRESCRIBE FOR ANY DISEASE, INJURY, DEFORMITY OR  OTHER
CONDITION  OF THE ANKLE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02162-01-9

A. 2518                             2

MAY DO SO ONLY AFTER CERTIFICATION BY THE DEPARTMENT IN ACCORDANCE  WITH
THE  QUALIFICATIONS  ESTABLISHED  BY THE COMMISSIONER. QUALIFICATIONS TO
OPERATE ON THE ANKLE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  SUCCESS-
FUL  COMPLETION  OF  A RESIDENCY PROGRAM OR PROGRAMS, CERTIFICATION BY A
NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STANDARDS  ACCEPTABLE  TO
THE  COMMISSIONER,  OR  COMPLETION OF A POST-RESIDENCY ACCREDITED EDUCA-
TIONAL PROGRAM ACCEPTABLE TO THE COMMISSIONER WITH  DEMONSTRATED  COMPE-
TENCY IN THE SURGICAL TREATMENT OF THE ANKLE.
  S  2. This act shall take effect one year after it shall have become a
law.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A2518A - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §7001, Ed L; amd §§230-d & 2995-d, Pub Health L; amd §3101, CPLR
Versions Introduced in 2011-2012 Legislative Session:: A3475, A9293

2009-A2518A - Summary

2009-A2518A - Sponsor Memo

                                BILL NUMBER:A2518A

TITLE OF BILL:

An act to amend the education law, the public health law and the civil
practice law and rules, in relation to the practice of podiatry

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to expand the scope of the practice of
podiatry in New York State. Expanding the scope of podiatric practice
in New York will bring it more in line with the vast majority of other
States in the country which already allow the scope of practice to
include the treatment of the ankle and soft tissue areas associated
with the ankle, in addition to structures of the foot.

SUMMARY OF PROVISIONS:

Section 1: Amends Education Law section 7001 to expand the scope of
practice for podiatry to include, in addition to the treatment of the
foot, conditions of the ankle, and all soft tissue structures related
to the ankle that go up the leg to just below the knee cap. To limit
the scope of practice, Podiatrists may perform surgical treatments of
the ankle, but such treatment may not extend beyond the calf of the
leg, unless it is related to the treatment of the ankle.

The bill revises Education Law section 7001(2) to update the law.
First enacted in 1996 to allow newly licensed or certified podiatrists
to prescribe narcotics related to their treatment of patients, this
provision did not allow formerly licensed podiatrists to prescribe
drugs until they had been certified. After 13 years, this phase-in
period of time between old and new podiatrists is not needed and is
therefore eliminated.

This bill section also adds a new subsection (3) to apply the expanded
scope of practice related to ankle surgery (1) to only newly licensed
podiatrists and (2) to currently licensed podiatrists who have
completed a course of study and are deemed competent by the State
Education Department to practice the new expanded scope of practice.
The bill also authorizes all podiatrists to treat soft tissue
structures related to the ankle. All podiatric schools in this
country, including the New York College of Podiatric Medicine, teach
the expanded New York scope of practice (as provided for under this
bill). In fact, by enacting this bill, New York will join at least 38
other states that now allow Podiatrists to treat areas above the foot
to include the ankle, and sometimes up to the knee cap.

Amends Public Health Law section 230-d (1) to include podiatrists of
professions (Physicians, Physician Assistants, and Specialists who are
subject to the rules regarding office based surgery.

Section 3: Amends public Health Law section 2995-d to request the
Department of Health, in cooperation with the Education Department, to
study health care practitioner data related to podiatrists and
determine if the provisions related to physician profiling should be


extended to podiatrists so that the public has additional information
on the quality of care provided by individual podiatrists.

Section 4: Amends the civil practice Laws and Rules section 3101 to
allow a physician to be called as an expert witness in a podiatric
medical malpractice action.

JUSTIFICATION:

New York State, is the home of one of the largest Colleges of
podiatric Medicine in the country. Further, there are only eight other
such colleges in the country. However, New York has one of the most
restrictive scope of podiatric practice statutes in the nation being
one of only twelve States that limit the scope of podiatric medicine
to the foot. The other states being, Alabama, Indiana, Kansas,
Kentucky, Louisiana, Massachusetts, Mississippi, South Carolina, South
Dakota, Texas, and Washington.

The NYS Education Department has certified the New York College of
podiatric Medicine to offer degrees in the proposed expanded scope of
podiatric medicine (foot, ankle, and leg). This means that students
who earn degrees from this in-state college, can relocate to the other
38 states that authorize the practice of podiatric care which includes
not only the foot, but also the ankle, and soft tissues related to the
ankle up to the knee cap.

Two disturbing trends are occurring in New York with regard to the
training and location of new podiatric physicians. First, due to New
York's very restrictive definition of podiatric scope of practice,
those graduating from podiatric medical colleges, on a national basis,
are electing to start their practices in States other than New York.
In 1999, The State Education Department provided 145 new licenses, in
2000, 127 licenses were issued, in 2001, 69 licenses, in 2002 and in
2003, 81 licenses were issued, and in 2007, only 52 licenses were
issued to new podiatrists. This decrease in the number of new
podiatrists being licensed in New York is beginning to result in a
shortage of those capable of providing podiatric care.

Second, while the number of students who have enrolled in the New York
College of podiatric Medicine has been gradually increasing from 85
students to 92 students for class of 2010 to the class of 2013, the
number of New York residents who have elected annually to enroll in
New York's only podiatric college has decreased substantially from 55
students to 32 students. Generally, students tend to enroll in a
college in the State in which they plan to practice. With New York's
very limited scope of practice laws, prospective New York podiatric
students are electing to be trained outside of New York and then
setting up their practices outside of New York. unfortunately, this
trend indicates that in the future, there were will be even fewer
candidates who wish to apply for licensure for podiatric medicine in
New York. This will clearly exacerbate the current trends that have
reduced the number persons who have wished to become licensed to
practice podiatric medicine in New York.

Under current law, essentially, New York trains podiatrists and then
encourages them to relocate elsewhere to practice because such
graduates cannot practice the full scope of podiatric medicine that


they were taught in New York. Under current rules, students of
podiatric medicine who Intern or are Residents at the NY College of
Podiatric Medicine may practice the expanded scope of podiatric
medicine, as contained in this bill, but only while being trained at
the College. After graduation, their practices must be limited to the
foot, and not include the ankle.  Therefore, under current law,
podiatric students are able to practice the expanded scope of practice
as contained in this bill, but not those who have completed their
training and are licensed by the State of New York. This bill would
rectify that dichotomy.

Of the 38 states that allow Podiatrists to treat the ankle and
portions of the leg above the ankle, 6 States allow Podiatrists to
treat the entire leg. Those states are Florida, Georgia, Idaho,
Nevada, New Hampshire, and Vermont. This bill merely expands the scope
of practice for podiatrists so that it more closely mirrors the scope
of practice used in at least 75 percent of all other states in the
nation.

For those who might maintain that podiatrists should not be allowed to
expand their scope of practice, because it will lead to a higher rate
of patient injury, this supposition is not true. The bill sponsor
contacted the Podiatry Insurance Company of America (PICA) and
inquired about the rate of injury by podiatrists who were limited by
their scope of practice to the foot, and those who were authorized to
treat the ankle and above. This insurer, which covers approximately
75% of all podiatrists in the nation, maintained that the loss
experience between those podiatrists who only treat the foot and those
who treat the ankle and above was the same. Hence, expanding the scope
of podiatric practice should not lead to more injuries to patients.

The underlying goal of this bill is:

1) to ensure that the New York College of Podiatric Medicine can
continue to attract a sufficient number of quality students,
particularly New York resident students, to continue to be a leading
medical college in this important area of medical care, and

2) to ensure that podiatric medical colleges in the State of New York
and around the country graduate students, who in the end will want to
choose to practice podiatric medicine in this State to provide this
important services to our residents.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

18 months after it shall have become law.

2009-A2518A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2518--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW, STIRPE, GABRYSZAK -- Multi-Sponsored by
  -- M. of A.  GALEF, LATIMER, LUPARDO, REILLY, WEISENBERG -- read  once
  and  referred  to  the Committee on Higher Education -- recommitted to
  the Committee on Higher Education in accordance with Assembly Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, the public health law and  the  civil
  practice law and rules, in relation to the practice of podiatry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7001 of the education law, as  amended  by  chapter
677 of the laws of 1996, is amended to read as follows:
  S  7001.  Definition  of practice of podiatry. 1.  The practice of the
profession of podiatry is defined as diagnosing, treating, operating and
prescribing for any disease, injury, deformity or other condition of the
foot, [and may include] ANKLE AND ALL SOFT TISSUE STRUCTURES OF THE  LEG
BELOW  THE  DISTAL  TIBIAL  TUBEROCITY.  SURGICAL TREATMENT OF THE ANKLE
SHALL NOT EXTEND BEYOND THE TIBIAL METAPHYSEAL FLAIR; PROVIDED, HOWEVER,
THAT SUCH SURGICAL TREATMENT MAY EXTEND TO THE DISTAL TIBIAL  TUBEROCITY
AS  NECESSARY FOR THE TREATMENT OF THE ANKLE, INCLUDING, BUT NOT LIMITED
TO, THE APPLICATION OF EXTERNAL FIXATION; AND  PROVIDED,  FURTHER,  THAT
SUCH TREATMENT SHALL NOT INCLUDE PILON FRACTURES. THE PRACTICE OF PODIA-
TRY  INCLUDES  performing  physical evaluations in conjunction with [the
provision of] podiatric treatment.  Podiatrists [may] SHALL  ONLY  treat
traumatic open wound fractures [only] AND PROVIDE SURGICAL MANAGEMENT OF
COMPLICATED  FRACTURES  OF  THE  ANKLE in hospitals [, as defined in] OR
AMBULATORY SURGERY CENTERS CERTIFIED PURSUANT TO article twenty-eight of
the public health law.   FOR THE PURPOSES  OF  THIS  ARTICLE,  THE  TERM
"ANKLE"  SHALL  BE DEFINED AS THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE
TIBIA AND FIBULA, THE ARTICULAR CARTILAGE OF THE DISTAL TIBIA AND DISTAL
FIBULA, THE LIGAMENTS THAT CONNECT THE DISTAL METAPHYSIS  AND  EPIPHYSIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02162-05-0

A. 2518--A                          2

OF  THE TIBIA AND FIBULA AND TALUS, AND THE PORTIONS OF SKIN, SUBCUTANE-
OUS TISSUE, FASCIA, MUSCLES, TENDONS AND NERVES AT OR BELOW THE LEVEL OF
THE MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE.
  2.  [The  practice  of podiatry shall not include treating any part of
the human body other than  the  foot,  nor  treating  fractures  of  the
malleoli  or  cutting operations upon the malleoli. Podiatrists licensed
to practice, but not authorized to  prescribe  or  administer  narcotics
prior  to  the  effective date of this subdivision, may do so only after
certification by the department in accordance  with  the  qualifications
established by the commissioner.] The practice of podiatry shall include
administering only local anesthetics for therapeutic purposes as well as
for  anesthesia  and  treatment under general anesthesia administered by
authorized persons.
  3. PODIATRISTS LICENSED TO PRACTICE PRIOR TO  THE  EFFECTIVE  DATE  OF
THIS  SUBDIVISION MAY PERFORM SURGICAL TREATMENT OF THE ANKLE ONLY AFTER
CERTIFICATION BY THE DEPARTMENT IN ACCORDANCE  WITH  THE  QUALIFICATIONS
ESTABLISHED BY THE COMMISSIONER. QUALIFICATIONS TO OPERATE ON THE ANKLE,
PURSUANT  TO THIS SUBDIVISION, SHALL INCLUDE, BUT NOT BE LIMITED TO: THE
SUCCESSFUL COMPLETION OF A RESIDENCY PROGRAM OR  PROGRAMS,  APPROVED  BY
THE COUNCIL ON PODIATRIC MEDICAL EDUCATION; OR COMPLETION OF A POST-SEC-
ONDARY  ACCREDITED  EDUCATIONAL  PROGRAM  ACCEPTABLE TO THE COMMISSIONER
WITH DEMONSTRATED COMPETENCY IN THE SURGICAL TREATMENT OF THE ANKLE;  OR
CERTIFICATION  BY  THE AMERICAN BOARD OF PODIATRIC SURGERY OR A NATIONAL
CERTIFYING  BOARD  HAVING  CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE
COMMISSIONER.
  S  2.  Paragraph  (i)  of subdivision 1 of section 230-d of the public
health law, as added by chapter 365 of the laws of 2007, is  amended  to
read as follows:
  (i)  "Licensee" shall mean an individual licensed or otherwise author-
ized under [articles] ARTICLE one hundred thirty-one [or],  one  hundred
thirty-one-B OR ONE HUNDRED FORTY-ONE of the education law.
  S  3.  Section  2995-d of the public health law is amended by adding a
new subdivision 4-a to read as follows:
  4-A. IN COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY  HEALTH  CARE
PRACTITIONER  DATA  RELATING  TO  PODIATRISTS.  SUCH STUDY SHALL INCLUDE
CONSIDERATION OF WHETHER  AN  INDIVIDUAL  PODIATRIST  PROFILING  PROGRAM
SHOULD  BE  ESTABLISHED AND OUTLINE AN APPROPRIATE METHOD TO DEVELOP AND
IMPLEMENT SUCH A PROFILING PROGRAM IF SUCH A PROGRAM  IS  DETERMINED  BY
THE  DEPARTMENT TO BE IN THE PUBLIC INTEREST. SUCH PROGRAM AND RECOMMEN-
DATIONS MAY BE SIMILAR TO THE PHYSICIAN PROFILES ESTABLISHED PURSUANT TO
SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS TITLE. SUCH A PROPOSED
PODIATRIST PROFILING PROGRAM, IF SUCH A PROGRAM  IS  DETERMINED  BY  THE
DEPARTMENT  TO  BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE OF PRESENT-
ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA-
TION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO  THE
GENERAL  PUBLIC.   SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND FIFTEEN;
  S 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
tice law and rules is amended by adding a new subparagraph (iv) to  read
as follows:
  (IV)  IN  AN ACTION FOR PODIATRIC MEDICAL MALPRACTICE, A PHYSICIAN MAY
BE CALLED AS AN EXPERT WITNESS AT TRIAL.
  S 5. This act shall take effect 18 months after it shall have become a
law; provided, however, that effective immediately, the addition, amend-

A. 2518--A                          3

ment and/or repeal of any rule or regulation necessary for the implemen-
tation of the provisions of this act on its effective date  are  author-
ized  and  directed to be made and completed on or before such effective
date.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A2518B (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §7001, Ed L; amd §§230-d & 2995-d, Pub Health L; amd §3101, CPLR
Versions Introduced in 2011-2012 Legislative Session:: A3475, A9293

2009-A2518B (ACTIVE) - Summary

2009-A2518B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2518--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by  M.  of  A.  PRETLOW, STIRPE, GABRYSZAK, AUBRY, WRIGHT --
  Multi-Sponsored by -- M. of A. CRESPO, GALEF, HOOPER, LATIMER,  LUPAR-
  DO,  REILLY,  WEISENBERG -- read once and referred to the Committee on
  Higher Education -- recommitted to the Committee on  Higher  Education
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law, the public health law and  the  civil
  practice law and rules, in relation to the practice of podiatry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7001 of the education law, as  amended  by  chapter
677 of the laws of 1996, is amended to read as follows:
  S  7001.  Definition  of practice of podiatry. 1.  The practice of the
profession of podiatry is defined as diagnosing, treating, operating and
prescribing for any disease, injury, deformity or other condition of the
foot, [and may include] ANKLE AND ALL SOFT TISSUE STRUCTURES OF THE  LEG
BELOW  THE  DISTAL  TIBIAL  TUBEROCITY.  SURGICAL TREATMENT OF THE ANKLE
SHALL NOT EXTEND BEYOND THE TIBIAL METAPHYSEAL FLAIR; PROVIDED, HOWEVER,
THAT SUCH SURGICAL TREATMENT MAY EXTEND TO THE DISTAL TIBIAL  TUBEROCITY
AS  NECESSARY FOR THE TREATMENT OF THE ANKLE, INCLUDING, BUT NOT LIMITED
TO, THE APPLICATION OF EXTERNAL FIXATION; AND  PROVIDED,  FURTHER,  THAT
SUCH TREATMENT SHALL NOT INCLUDE PILON FRACTURES. THE PRACTICE OF PODIA-
TRY  INCLUDES  performing  physical evaluations in conjunction with [the
provision of] podiatric treatment.  Podiatrists [may] SHALL  ONLY  treat
traumatic open wound fractures [only] AND PROVIDE SURGICAL MANAGEMENT OF
COMPLICATED  FRACTURES  OF  THE  ANKLE in hospitals [, as defined in] OR
AMBULATORY SURGERY CENTERS CERTIFIED PURSUANT TO article twenty-eight of
the public health law.   FOR THE PURPOSES  OF  THIS  ARTICLE,  THE  TERM
"ANKLE"  SHALL  BE DEFINED AS THE DISTAL METAPHYSIS AND EPIPHYSIS OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02162-07-0

A. 2518--B                          2

TIBIA AND FIBULA, THE ARTICULAR CARTILAGE OF THE DISTAL TIBIA AND DISTAL
FIBULA, THE LIGAMENTS THAT CONNECT THE DISTAL METAPHYSIS  AND  EPIPHYSIS
OF  THE TIBIA AND FIBULA AND TALUS, AND THE PORTIONS OF SKIN, SUBCUTANE-
OUS TISSUE, FASCIA, MUSCLES, TENDONS AND NERVES AT OR BELOW THE LEVEL OF
THE MYOTENDINOUS JUNCTION OF THE TRICEPS SURAE.
  2.  [The  practice  of podiatry shall not include treating any part of
the human body other than  the  foot,  nor  treating  fractures  of  the
malleoli  or  cutting operations upon the malleoli. Podiatrists licensed
to practice, but not authorized to  prescribe  or  administer  narcotics
prior  to  the  effective date of this subdivision, may do so only after
certification by the department in accordance  with  the  qualifications
established by the commissioner.] The practice of podiatry shall include
administering only local anesthetics for therapeutic purposes as well as
for  anesthesia  and  treatment under general anesthesia administered by
authorized persons.
  3. PODIATRISTS LICENSED TO PRACTICE PRIOR TO  THE  EFFECTIVE  DATE  OF
THIS  SUBDIVISION MAY PERFORM SURGICAL TREATMENT OF THE ANKLE ONLY AFTER
CERTIFICATION BY THE DEPARTMENT IN ACCORDANCE  WITH  THE  QUALIFICATIONS
ESTABLISHED BY THE COMMISSIONER. QUALIFICATIONS TO OPERATE ON THE ANKLE,
PURSUANT  TO THIS SUBDIVISION, SHALL INCLUDE, BUT NOT BE LIMITED TO: THE
SUCCESSFUL COMPLETION OF A RESIDENCY PROGRAM OR  PROGRAMS,  APPROVED  BY
THE COUNCIL ON PODIATRIC MEDICAL EDUCATION; OR COMPLETION OF A POST-SEC-
ONDARY  ACCREDITED  EDUCATIONAL  PROGRAM  ACCEPTABLE TO THE COMMISSIONER
WITH DEMONSTRATED COMPETENCY IN THE SURGICAL TREATMENT OF THE REAR  FOOT
AND  ANKLE;  OR CERTIFICATION BY THE AMERICAN BOARD OF PODIATRIC SURGERY
OR A NATIONAL CERTIFYING BOARD HAVING CERTIFICATION STANDARDS ACCEPTABLE
TO THE COMMISSIONER.
  S 2. Paragraph (i) of subdivision 1 of section  230-d  of  the  public
health  law,  as added by chapter 365 of the laws of 2007, is amended to
read as follows:
  (i) "Licensee" shall mean an individual licensed or otherwise  author-
ized  under  [articles] ARTICLE one hundred thirty-one [or], one hundred
thirty-one-B OR ONE HUNDRED FORTY-ONE of the education law.
  S 3. Section 2995-d of the public health law is amended  by  adding  a
new subdivision 4-a to read as follows:
  4-A.  IN  COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY HEALTH CARE
PRACTITIONER DATA RELATING TO  PODIATRISTS.  SUCH  STUDY  SHALL  INCLUDE
CONSIDERATION  OF  WHETHER  AN  INDIVIDUAL  PODIATRIST PROFILING PROGRAM
SHOULD BE ESTABLISHED AND OUTLINE AN APPROPRIATE METHOD TO  DEVELOP  AND
IMPLEMENT  SUCH  A  PROFILING PROGRAM IF SUCH A PROGRAM IS DETERMINED BY
THE DEPARTMENT TO BE IN THE PUBLIC INTEREST. SUCH PROGRAM AND  RECOMMEN-
DATIONS MAY BE SIMILAR TO THE PHYSICIAN PROFILES ESTABLISHED PURSUANT TO
SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS TITLE. SUCH A PROPOSED
PODIATRIST  PROFILING  PROGRAM,  IF  SUCH A PROGRAM IS DETERMINED BY THE
DEPARTMENT TO BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE  OF  PRESENT-
ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA-
TION  IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO THE
GENERAL PUBLIC.  SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED  TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF
THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND FIFTEEN;
  S 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
tice  law and rules is amended by adding a new subparagraph (iv) to read
as follows:
  (IV) IN AN ACTION FOR PODIATRIC MEDICAL MALPRACTICE, A  PHYSICIAN  MAY
BE CALLED AS AN EXPERT WITNESS AT TRIAL.

A. 2518--B                          3

  S 5. This act shall take effect 18 months after it shall have become a
law; provided, however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  the provisions of this act on its effective date are author-
ized  and  directed to be made and completed on or before such effective
date.

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Assembly Bill A2518

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Sponsored By

PRETLOW

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A2518 - Details

2009-A2518 - Summary

2009-A2518 - Bill Text download pdf

co-Sponsors

Albert A. Stirpe

Dennis H. Gabryszak

Jeffrion Aubry

Keith L.T. Wright

multi-Sponsors

Marcos Crespo

Sandy Galef

Earlene Hooper

George Latimer

2009-A2518A - Details

2009-A2518A - Summary

2009-A2518A - Sponsor Memo

2009-A2518A - Bill Text download pdf

co-Sponsors

Albert A. Stirpe

Dennis H. Gabryszak

Jeffrion Aubry

Keith L.T. Wright

multi-Sponsors

Marcos Crespo

Sandy Galef

Earlene Hooper

George Latimer

2009-A2518B (ACTIVE) - Details

2009-A2518B (ACTIVE) - Summary

2009-A2518B (ACTIVE) - Bill Text download pdf

Comments