S T A T E O F N E W Y O R K
________________________________________________________________________
7496
2013-2014 Regular Sessions
I N A S S E M B L Y
May 22, 2013
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to making technical
changes to the scope of the practice of podiatry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 7001 of the education law,
subdivision 1 as amended by chapter 23 of the laws of 2013 and subdivi-
sion 2 as amended by chapter 438 of the laws of 2012, are amended to
read as follows:
1. The practice of the profession of podiatry is defined as diagnos-
ing, treating, operating and prescribing for any disease, injury,
deformity or other condition of the foot, THE DIAGNOSING, TREATING,
OPERATING OR PRESCRIBING FOR CUTANEOUS CONDITIONS OF THE ANKLE TO THE
LEVEL OF THE DISTAL TIBIAL TUBEROSITY, and may include performing phys-
ical evaluations in conjunction with the provision of podiatric treat-
ment. For the purposes of wound care however, the practice of podiatry
shall include the treatment of such wounds if they are [contiguous with]
RELATED TO A CONDITION OF THE FOOT OR ANKLE TO THE LEVEL OF THE DISTAL
TIBIAL TUBEROSITY OR ARE wounds relating, originating or in the course
of treatment of [a wound on] the foot OR ANKLE TO THE LEVEL OF THE
DISTAL TIBIAL TUBEROSITY within the podiatric scope of practice. Wound
care shall not, however, extend beyond the level ending at the distal
tibial tuberosity. The practice of podiatry may also include diagnosing,
treating, operating and prescribing for any disease, injury, deformity
or other condition of the ankle and soft tissue of the leg below the
tibial tuberosity if the podiatrist has obtained an issuance of a privi-
lege to perform podiatric standard ankle surgery or advanced ankle
surgery in accordance with section seven thousand nine of this article;
PROVIDED, HOWEVER, THAT SUCH PRIVILEGE SHALL NOT BE REQUIRED FOR THE
DIAGNOSING, TREATING, OPERATING OR PRESCRIBING FOR CUTANEOUS CONDITIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10560-04-3
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OR WOUND CARE TO THE LEVEL OF THE DISTAL TIBIAL TUBEROSITY OF THE ANKLE.
Podiatrists may treat traumatic open wound fractures only in hospitals,
as defined in 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 of the tibia and fibula and
talus, and the portions of skin, subcutaneous tissue, facia, muscles,
tendons, ligaments 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 unless the podiatrist obtains an
issuance of a privilege to perform podiatric standard ankle surgery or
podiatric advanced ankle surgery OR UNLESS OTHERWISE PROVIDED IN SUBDI-
VISION ONE OF THIS SECTION. Podiatrists who have obtained an issuance of
a privilege to perform podiatric standard ankle surgery may perform
surgery on the ankle which may include soft tissue and osseous proce-
dures except those procedures specifically authorized for podiatrists
who have obtained an issuance of a privilege for advanced ankle surgery.
Podiatrists who have obtained an issuance of a privilege to perform
podiatric advanced ankle surgery may perform surgery on the ankle which
may include ankle fracture fixation, ankle fusion, ankle arthroscopy,
insertion or removal of external fixation pins into or from the tibial
diaphysis at or below the level of the myotendinous junction of the
triceps surae, and insertion and removal of retrograde tibiotalocalcan-
neal intramedullary rods and locking screws up to the level of the
myotendinous junction of the triceps surae, but does not include the
surgical treatment of complications within the tibial diaphysis related
to the use of such external fixation pins. Podiatrists licensed to prac-
tice, but not authorized to prescribe or administer narcotics prior to
the effective date of this subdivision, may do so only after certif-
ication by the department in accordance with the qualifications estab-
lished 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. The practice of podiatry by any licensee shall not
include partial or total ankle replacements nor the treatment of pilon
fractures.
S 2. Subdivision 1 of section 7009 of the education law, as added by
chapter 438 of the laws of 2012, is amended to read as follows:
1. For issuance of a privilege to perform podiatric standard ankle
surgery, as that term is used in subdivision two of section seven thou-
sand one of this article, the applicant shall fulfill the following
requirements:
a. Application: file an application with the department;
b. License: be licensed as a podiatrist in the state;
c. Training and certification: either:
(i) have graduated on or after June first, two thousand six from a
three-year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, and be
certified in FOOT SURGERY OR IN reconstructive rearfoot and ankle
surgery by a national certifying board having certification standards
acceptable to the department; or
(ii) have graduated on or after June first, two thousand six from a
three-year residency program in podiatric medicine and surgery that was
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accredited by an accrediting agency acceptable to the department, be
board qualified but not yet certified in FOOT SURGERY OR IN reconstruc-
tive rearfoot and ankle surgery by a national certifying board having
certification standards acceptable to the department, and provide
documentation that he or she has acceptable training and experience in
standard or advance midfoot, rearfoot and ankle procedures that has been
approved by the department; or
(iii) have graduated before June first, two thousand six from a two-
year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, be
certified in FOOT SURGERY, FOOT AND ANKLE SURGERY OR IN reconstructive
rearfoot and ankle surgery by a national certifying board having certif-
ication standards acceptable to the department, and provide documenta-
tion that he or she has acceptable training and experience in standard
or advanced midfoot, rearfoot and ankle procedures that has been
approved by the department;
d. Fees: pay a fee to the department of two hundred twenty dollars for
the issuance of a privilege to perform podiatric standard ankle surgery.
S 3. Section 7010 of the education law, as added by chapter 438 of the
laws of 2012, is amended to read as follows:
S 7010. Ankle surgery limited permits. 1. A limited permit to perform
podiatric standard ankle surgery, as described in subdivision two of
section seven thousand one of this article, may be issued by the depart-
ment to a podiatrist who is licensed pursuant to this article and who
has met the residency and board qualification/certification requirements
set forth in subdivision one of section seven thousand nine of this
article in order to authorize such podiatrist to obtain the training and
experience required for the issuance of a podiatric standard ankle
surgery privilege pursuant to subdivision one of section seven thousand
nine of this article. Such permits shall authorize the performance of
podiatric standard ankle surgery only under the [direct personal] super-
vision of a licensed podiatrist holding a podiatric standard ankle
surgery privilege or a podiatric advanced ankle surgery privilege issued
pursuant to section seven thousand nine of this article or of a physi-
cian licensed pursuant to article one hundred thirty-one of this title
and certified in orthopedic surgery by a national certifying board
having certification standards acceptable to the department.
2. A limited permit to perform podiatric advanced ankle surgery, as
described in subdivision two of section seven thousand one of this arti-
cle, may be issued by the department to a podiatrist who is licensed
pursuant to this article and who has met the residency and board certif-
ication requirements set forth in subdivision two of section seven thou-
sand nine of this article in order to authorize such podiatrist to
obtain the training and experience required for the issuance of a podia-
tric advanced ankle surgery privilege pursuant to subdivision two of
section seven thousand nine of this article; PROVIDED, HOWEVER, THAT
BOARD QUALIFICATION SHALL BE DEEMED TO SATISFY THE CERTIFICATION
REQUIREMENTS SET FORTH IN SUCH SECTION FOR PURPOSES OF THIS SUBDIVISION.
Such permits shall authorize the performance of podiatric advanced ankle
surgery only under the [direct personal] supervision of a licensed
podiatrist holding a podiatric advanced ankle surgery privilege issued
pursuant to subdivision two of section seven thousand nine of this arti-
cle or of a physician licensed pursuant to article one hundred thirty-
one of this title and certified in orthopedic surgery by a national
certifying board having certification standards acceptable to the
department.
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3. For the purposes of this section, [direct personal] supervision
means supervision of procedures based on instructions given directly by
[the supervising] A LICENSED podiatrist HOLDING A PODIATRIC STANDARD OR
ADVANCED ANKLE SURGERY PRIVILEGE or physician who remains in the immedi-
ate area where the procedures are being performed, authorizes the proce-
dures and evaluates the procedures performed by the holder of the limit-
ed permit OR WITH THE APPROVAL OF THE CHAIR OF THE ORTHOPEDIC OR SURGERY
DEPARTMENT OF THE HOSPITAL AT WHICH THE PROCEDURE WILL BE PERFORMED.
4. The holder of a limited permit issued pursuant to this section
shall perform podiatric ankle surgery only in a hospital or health
facility licensed pursuant to article twenty-eight of the public health
law and appropriately authorized to provide such surgery.
5. Limited permits shall be issued for a period of one year, and may
be renewed for additional one year periods when necessary to permit the
completion of the training and experience required to obtain a podiatric
standard ankle surgery privilege or podiatric advanced ankle surgery
privilege, as applicable, provided that no permit may be renewed more
than four times for each such privilege.
6. The fee for a limited permit shall be one hundred five dollars and
the fee for a renewal shall be fifty dollars.
S 4. This act shall take effect on the same date and in the same
manner as chapter 438 of the laws of 2012 takes effect.