The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2217
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 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 AND AFFECTING the foot AND ANKLE AND THE
 SOFT  TISSUE  OF  THE  LEG BELOW THE TIBIAL TUBEROSITY, UNLESS OTHERWISE
 PROVIDED BY THIS SECTION, and may  include  performing  physical  evalu-
 ations  in  conjunction with the provision of podiatric treatment.  [For
 the purposes of wound care  however,  the  practice  of  podiatry  shall
 include  the treatment of such wounds if they are contiguous with wounds
 relating, originating or in the course of treatment of a  wound  on  the
 foot  within  the podiatric scope of practice.] THE PRACTICE OF PODIATRY
 SHALL NOT INCLUDE THE FOLLOWING TREATMENTS OR PROCEDURES PERFORMED ABOVE
 THE LEVEL OF THE MALLEOLI, UNLESS OTHERWISE PROVIDED: THE  TREATMENT  OF
 MELANOMA;  PERFORMANCE  OF  MOHS  SURGERY; MUSCLE FLAPS OR MICROVASCULAR
 ANASTAMOSES. 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 privilege to perform podiatric standard ankle
 surgery or advanced ankle surgery in accordance with section seven thou-
 sand nine of this article.] 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
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07111-01-3
 A. 2217                             2

 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.    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  procedures 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 tibiotalocalcanneal 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  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 quali-
 fications  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 anes-
 thesia 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.
   § 2. The opening paragraph of section 7010 of  the  education  law  is
 designated  subdivision  1 and subdivision 2, as added by chapter 438 of
 the laws of 2012, is amended to read as follows:
   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.
   § 3. This act shall take effect immediately.