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.