NY State Senate Bill 2023-S9007

Senate Bill S9007

2023-2024 Legislative Session

Relates to a podiatry study and report by the commissioner of education, in consultation with the commissioner of health

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 09, 2024	referred to higher education

2023-S9007 (ACTIVE) - Details

See Assembly Version of this Bill:: A9904
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §7001, Ed L

2023-S9007 (ACTIVE) - Summary

Relates to a podiatry study and report by the commissioner of education, in consultation with the commissioner of health on the implementation of chapter 438 of the laws of 2012, as amended, authorizing the issuance of a privilege to perform podiatric standard or advanced ankle surgery and the impact of granting such a privilege on access to and quality of podiatric ankle surgery; makes related provisions.

2023-S9007 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9007

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the education law, in relation to a podiatry study

 
PURPOSE OR GENERAL IDEA OF BILL:

An act to amend the education law, in relation to the study and evalu-
ation of the podiatric scope of practice changes enacted as part of
Chapter 438 of the Laws of 2012 and amended by Chapter 23 of the Laws of
2013

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1. Requires Commissioner of Education, in consultation with the
Commissioner of Health, to study and issue a report on the implementa-
tion of Chapter 438 of the Laws of 2012, as amended by Chapter 23 of the
Laws of 2013, which authorized the issuance of a privilege to perform
podiatric standard or advanced ankle surgery.  The study and report
shall evaluate the impact of granting such a privilege on access to and

quality of podiatric ankle surgery and outlines certain areas the report
and analysis must include.

§ 2. Requires Commissioner of Education to submit the report to the
Governor, Speaker of the Assembly, Temporary President of the Senate,
and chairs of the Senate and Assembly Higher Education Committees by
September 1, 2024, and biennially thereafter. The Education Department
is also required to report all data that are required to be included in
the report on its public website.

§ 3. Effective date

 
JUSTIFICATION:

The enactment of Chapter 438 of the laws of 2012 was the product of
years of negotiations between the impacted professions. The law author-
izes podiatrists who have completed a residency, obtained additional
practice and performed the requisite number of procedures to obtain
standard ankle surgery or advanced ankle surgery privilege.  This
reflected the fact that the education and training of podiatrists was
not uniform making it imperative for patient safety and protection that
there be additional requirements to achieving such a privilege. Ever
since the enactment of the 2012 law, there have been continued attempts
to change the law under the premise of "technical changes," "technical
corrections," or "further refinement," but the latest changes proposed
in 2023 would completely undo the 2012 statutory amendment which was
supported by the professions.

To date, there is no publicly available information that reports on or
evaluates the impact of the 2012 statutory amendment on access to or
quality and safety of podiatric standard ankle surgery or podiatric
advanced ankle surgery. The public does not know how many podiatrists
have obtained the standard ankle surgery privilege or advanced ankle
surgery privilege, where those practitioners are located, how many such
procedures they have been performed, or the outcomes of those proce-
dures, including the number of adverse outcomes.

Before any further changes are considered to the 2012 law, it is imper-
ative the State Education Department undertake a thorough analysis and
issue a report evaluating the implementation of the law including how
many have obtained the privilege as well as quality and safety metrics
including but not limited to the number of reported adverse events
related to podiatric standard or podiatric advanced ankle surgery; and
the number of complaints filed with the Department against podiatrists
who have obtained a privilege for podiatric standard or podiatric
advanced ankle surgery that are related to the performance of such
surgery. Further, to the degree possible, the report shall describe how
the performance on quality and safety measures compare to performance in
states with laws similar to New York's to help assess whether New York's
experience is consistent with that of other states.

In 2023, Connecticut enacted a similar law requiring further study and
issuance of a report before considering any further changes to scope of
practice in this area. This bill requires New York to undertake its own
study to determine how the 2012 law impacted access, quality, and safe-
ty, so that the patient public, policy makers, and legislators can
engage in a thoughtful, informed dialogue of any possible additional
changes to podiatric scope of practice and privileges.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately.

2023-S9007 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9007
 
                             I N  S E N A T E
 
                               April 9, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 a podiatry study
 
   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 is amended by adding a
 new subdivision 4 to read as follows:
   4. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
 SHALL  STUDY  AND  ISSUE  A REPORT ON THE IMPLEMENTATION OF CHAPTER FOUR
 HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO  THOUSAND  TWELVE,  AS  AMENDED,
 AUTHORIZING THE ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD OR
 ADVANCED  ANKLE SURGERY. SUCH STUDY AND REPORT SHALL EVALUATE THE IMPACT
 OF GRANTING SUCH A PRIVILEGE ON ACCESS TO AND QUALITY OF PODIATRIC ANKLE
 SURGERY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE APPLICATION FOR AND GRANTING OF PRIVILEGES, INCLUDING BUT  NOT
 LIMITED TO: THE NUMBER OF PODIATRISTS WHO HAVE APPLIED FOR THE PRIVILEGE
 TO  PERFORM  PODIATRIC STANDARD ANKLE SURGERY; THE NUMBER OF PODIATRISTS
 WHO HAVE OBTAINED THE PRIVILEGE  TO  PERFORM  PODIATRIC  STANDARD  ANKLE
 SURGERY: THE NUMBER OF PODIATRISTS WHO HAVE APPLIED FOR THE PRIVILEGE TO
 PERFORM  PODIATRIC ADVANCED ANKLE SURGERY; AND THE NUMBER OF PODIATRISTS
 WHO HAVE OBTAINED THE PRIVILEGE  TO  PERFORM  PODIATRIC  ADVANCED  ANKLE
 SURGERY;
   (B) THE USE OF AN ANKLE SURGERY LIMITED PERMIT TO ALLOW PODIATRISTS TO
 OBTAIN  THE  ADDITIONAL  TRAINING  AND  EXPERIENCE  REQUIRED TO OBTAIN A
 PODIATRIC STANDARD OR ADVANCED ANKLE  SURGERY  PRIVILEGE  INCLUDING  THE
 NUMBER  OF  PODIATRISTS  WHO  HAVE  APPLIED  FOR A LIMITED ANKLE SURGERY
 PERMIT FOR THE PURPOSE OF OBTAINING THE PRIVILEGE TO  PERFORM  PODIATRIC
 STANDARD ANKLE SURGERY; THE NUMBER OF PODIATRISTS WHO HAVE APPLIED FOR A
 LIMITED  ANKLE SURGERY PERMIT FOR THE PURPOSE OF OBTAINING THE PRIVILEGE
 TO PERFORM PODIATRIC ADVANCED ANKLE SURGERY; THE NUMBER  OF  PODIATRISTS
 WHO  HAVE  OBTAINED  A  LIMITED  ANKLE SURGERY PERMIT FOR THE PURPOSE OF
 OBTAINING THE PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY; AND
 THE NUMBER OF PODIATRISTS WHO HAVE  OBTAINED  A  LIMITED  ANKLE  SURGERY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15164-01-4

 S. 9007                             2
 
 PERMIT  FOR  THE PURPOSE OF OBTAINING THE PRIVILEGE TO PERFORM PODIATRIC
 ADVANCED ANKLE SURGERY;
   (C)  THE TYPES OF SETTINGS AND NUMBER WITHIN EACH SETTING WHERE PODIA-
 TRISTS OBTAINED THE REQUIRED  EXPERIENCE  AND  PERFORMED  THE  REQUISITE
 NUMBER  OF SURGERIES AS REQUIRED UNDER THE EDUCATION LAW AND THE COMMIS-
 SIONER'S REGULATIONS TO QUALIFY FOR A PRIVILEGE AND ANY  SYSTEMIC  CHAL-
 LENGES  PODIATRISTS  HAVE  FACED IN OBTAINING THE REQUISITE TRAINING AND
 EXPERIENCE. THIS INCLUDES THE NUMBER OF PODIATRIC SCHOOLS  AND  COLLEGES
 IN  NEW  YORK  STATE  THAT  ESTABLISHED  PROGRAMS TO ALLOW CANDIDATES TO
 OBTAIN THE REQUISITE EDUCATION AND EXPERIENCE REQUIRED UNDER THE  EDUCA-
 TION  LAW  TO QUALIFY FOR THE PRIVILEGE TO PERFORM PODIATRIC STANDARD OR
 ADVANCED ANKLE SURGERY AND THE NUMBER OF AGREEMENTS AND/OR  PARTNERSHIPS
 THESE SCHOOLS ESTABLISHED WITH HOSPITALS IN NEW YORK STATE;
   (D) BY COUNTY:
   (I) THE NUMBER OF PRACTICING PODIATRISTS WHO HAVE OBTAINED A PRIVILEGE
 TO  PERFORM  ONLY  PODIATRIC  STANDARD  ANKLE  SURGERY AND THE NUMBER OF
 PODIATRISTS WHO HAVE OBTAINED A PRIVILEGE TO PERFORM PODIATRIC  ADVANCED
 ANKLE SURGERY;
   (II)  THE  NUMBER  AND TYPE OF PODIATRIC STANDARD ANKLE SURGERY PROCE-
 DURES PERFORMED, BY CALENDAR YEAR, FROM TWO THOUSAND SIXTEEN THROUGH TWO
 THOUSAND TWENTY-THREE, BY HOSPITAL AND NON-HOSPITAL SETTING; AND
   (III) THE NUMBER AND TYPE OF PODIATRIC ADVANCED ANKLE  SURGERY  PROCE-
 DURES PERFORMED, BY CALENDAR YEAR, FROM TWO THOUSAND SIXTEEN THROUGH TWO
 THOUSAND TWENTY-THREE, BY HOSPITAL AND NON-HOSPITAL SETTING;
   (E) QUALITY AND SAFETY INCLUDING:
   (I)  THE NUMBER OF REPORTED ADVERSE EVENTS RELATED TO PODIATRIC STAND-
 ARD OR PODIATRIC ADVANCED ANKLE SURGERY, AS DEFINED IN THIS ARTICLE,  BY
 A  PODIATRIST  WHO  HAS  A  PRIVILEGE IN EITHER PODIATRIC STANDARD ANKLE
 SURGERY OR PODIATRIC ADVANCED ANKLE SURGERY. SUCH REPORT SHALL DESCRIBE,
 IN AGGREGATE, THE  NATURE  AND  SEVERITY  OF  REPORTED  ADVERSE  EVENTS,
 INCLUDING UNSCHEDULED HOSPITAL ADMISSION OR READMISSION;
   (II) THE NUMBER OF COMPLAINTS FILED WITH THE DEPARTMENT AGAINST PODIA-
 TRISTS WHO HAVE OBTAINED A PRIVILEGE FOR PODIATRIC STANDARD OR PODIATRIC
 ADVANCED  ANKLE  SURGERY  THAT  ARE  RELATED  TO THE PERFORMANCE OF SUCH
 SURGERY;
   (III) THE NUMBER OF  SUCH  COMPLAINTS  THAT  THE  DEPARTMENT  HAS  NOT
 SUSTAINED  AFTER  COMPLETING  AN  INVESTIGATION,  AND THE NUMBER OF SUCH
 COMPLAINTS THAT THE DEPARTMENT HAS SUSTAINED AFTER COMPLETING AN  INVES-
 TIGATION;
   (IV)  THE NUMBER AND TYPE OF DISCIPLINARY ACTIONS TAKEN BY THE DEPART-
 MENT AGAINST PODIATRISTS WHO HAVE OBTAINED  A  PRIVILEGE  FOR  PODIATRIC
 STANDARD  OR  PODIATRIC  ADVANCED  ANKLE SURGERY THAT ARE RELATED TO THE
 PERFORMANCE OF SUCH SURGERY;
   (V) ANY OTHER QUALITY OR SAFETY MEASURES AS DETERMINED BY THE  COMMIS-
 SIONER; AND
   (VI)  TO  THE  DEGREE  POSSIBLE,  THE  REPORT  SHALL  DESCRIBE HOW THE
 PERFORMANCE ON QUALITY AND SAFETY MEASURES  COMPARE  TO  PERFORMANCE  IN
 OTHER STATES.
   § 2. The commissioner of education shall submit the report made pursu-
 ant  to  section  one  of  this  act to the governor, the speaker of the
 assembly, the temporary president of the senate, and the chairs  of  the
 assembly  and  senate  higher education committees by September 1, 2024,
 and biennially thereafter. Such report  shall  also  be  posted  on  the
 department of education website.
   § 3. This act shall take effect immediately.

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