The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2544
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07111-01-3

 S. 2544                             2
 
 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.   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
 S. 2544                             3
 
 certifying  board  having  certification  standards  acceptable  to  the
 department.
   § 3. This act shall take effect immediately.