S T A T E O F N E W Y O R K
________________________________________________________________________
2217--A
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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to modernizing 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. Section 7001 of the education law, as amended by chapter
438 of the laws of 2012, subdivision 1 as amended and subdivision 3 as
added by chapter 23 of the laws of 2013, is amended to read as follows:
§ 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 AND
AFFECTING the foot, ANKLE, SKIN AND THE SOFT TISSUE OF THE LEG BELOW THE
TIBIAL TUBEROSITY, UNLESS OTHERWISE PROVIDED, and may include performing
physical evaluations 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 contig-
uous with wounds relating, originating or in the course of treatment of
a wound on the foot within the podiatric scope of practice.] THE PRAC-
TICE OF PODIATRY SHALL NOT INCLUDE THE FOLLOWING TREATMENTS OR PROCE-
DURES 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 thousand nine of this article.] Podiatrists may treat
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07111-07-3
A. 2217--A 2
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 epiphy-
sis of the] tibia and fibula[, the articular] AND RELATED 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
LIGAMENTS 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.
3. (a) The department shall conduct a study to determine whether to
make available to the public profiles on podiatrists who have obtained
an issuance of a privilege to perform [podiatric standard or advanced]
ankle surgery pursuant to [subdivisions one and two of] section seven
thousand nine of this article. Such study shall include consideration of
whether it would be appropriate and feasible for the department to make
publicly available profiles for such podiatrists in a manner similar to
physician profiles made available on the department of health's website
in accordance with section twenty-nine hundred ninety-five-a of the
public health law. The department shall consult with the department of
health as necessary on matters related to the operation of the depart-
ment of health's physician profiles established pursuant to section
twenty-nine hundred ninety-five-a of the public health law in conducting
its study.
(b) If the department determines that making podiatrist profiles
available is appropriate and feasible, the department, after consulta-
tion with the department of health, shall outline in such study an
appropriate and cost effective method of presenting relevant and appro-
priate podiatric profiling information to the general public. The
A. 2217--A 3
department shall submit such study to the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly on or before November
first, two thousand sixteen.
(c) If the department makes podiatrist profiles available as set forth
in paragraph (b) of this subdivision, the department of health shall
include on its website containing the physician profiles established
pursuant to section twenty-nine hundred ninety-five-a of the public
health law a link to the website on which such podiatrist profiles may
be accessed and a statement describing the purpose of such link.
§ 2. Section 7009 of the education law, as added by chapter 438 of the
laws of 2012, is amended to read as follows:
§ 7009. [Podiatric ankle] ANKLE surgery privileges. 1. [For issuance
of a privilege to perform podiatric standard ankle surgery, as that term
is used in subdivision two of section seven thousand one of this arti-
cle, 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 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
accredited by an accrediting agency acceptable to the department, be
board qualified but not yet certified in reconstructive rearfoot and
ankle surgery by a national certifying board having certification stand-
ards 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 reconstructive 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 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.
2.] For issuance of a privilege to perform [podiatric advanced] ankle
surgery, as that term is used in [subdivision two of] section seven
thousand 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. Experience 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, be
certified in reconstructive rearfoot and ankle surgery by a national
certifying board having certification standards acceptable to the
A. 2217--A 4
department, and provide documentation that he or she has acceptable
training and experience in advanced midfoot, rearfoot and ankle proce-
dures that has been approved by the department; or
(ii) 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 reconstructive 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 advanced midfoot, rearfoot and ankle proce-
dures 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 advanced] ankle
surgery.
[3.] 2. Duration and registration of privileges. A privilege issued
under this section shall be valid for the life of the holder, unless
revoked, annulled, or suspended by the board of regents. Such a privi-
lege shall be subject to the same oversight and disciplinary provisions
as licenses issued under this title. The holder of a privilege issued
under this section shall register with the department as a privilege
holder in the same manner and subject to the same provisions as required
of a licensee pursuant to section six thousand five hundred two of this
title, provided that, at the time of each registration, the privilege
holder shall certify that he or she continues to meet the requirements
for the privilege set forth in this section. The fee for such registra-
tion shall be two hundred ten dollars. The registration period for a
privilege holder shall be coterminous with his or her registration as a
podiatrist.
§ 3. Section 7010 of the education law, as added by chapter 438 of the
laws of 2012, is amended to read as follows:
§ 7010. Ankle surgery limited permits. [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.] 1. A limited permit to perform [podiatric advanced] ankle surgery,
as described in [subdivision two of] section seven thousand one of this
article, 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
thousand nine of this article in order to authorize such podiatrist to
obtain the training and experience required for the issuance of a
[podiatric advanced] ankle surgery privilege pursuant to [subdivision
two of] section seven thousand nine of this article; PROVIDED, HOWEVER,
A. 2217--A 5
THAT BOARD QUALIFICATION SHALL BE DEEMED TO SATISFY THE CERTIFICATION
REQUIREMENTS SET FORTH IN SUCH SECTION FOR THE PURPOSES OF THIS SUBDIVI-
SION. 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 priv-
ilege issued pursuant to [subdivision two of] section seven thousand
nine of this article 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.] 2. For the purposes of this section, [direct personal] super-
vision means supervision of procedures based on instructions given
directly by the supervising podiatrist or physician who remains in the
immediate area where the procedures are being performed, authorizes the
procedures and evaluates the procedures performed by the holder of the
limited permit.
[4.] 3. 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.] 4. 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.] 5. The fee for a limited permit shall be one hundred five dollars
and the fee for a renewal shall be fifty dollars.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.