S T A T E O F N E W Y O R K
________________________________________________________________________
4613--B
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. PRETLOW, ROZIC, BRONSON, PAULIN, GRIFFIN, KAY,
BERGER, EACHUS, STIRPE, CLARK -- read once and referred to the Commit-
tee on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, 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. 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, OR LOCAL MANIFESTATIONS OF SYSTEMIC
DISEASES AS THEY APPEAR ON the foot AND THE DIAGNOSING, TREATING, AND
PRESCRIBING FOR ANY DISEASE, INJURY, DEFORMITY, OTHER CONDITION OF, OR
LOCAL MANIFESTATIONS OF SYSTEMIC DISEASES AS THEY APPEAR ON THE ANKLE,
UNLESS OTHERWISE PROVIDED BY THIS SECTION, 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 OR ANKLE within the podiatric scope of practice.
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 issu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07128-08-5
A. 4613--B 2
ance 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 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 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 OR ANKLE, [nor treating fractures of the
malleoli or] PROVIDED, HOWEVER, THAT UNLESS THE PODIATRIST OBTAINS AN
ISSUANCE OF A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY OR
PODIATRIC ADVANCED ANKLE SURGERY, SUCH PRACTICE SHALL NOT INCLUDE THE
SURGICAL TREATMENT OF FRACTURES OF THE MALLEOLI WHICH INCLUDES 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 proce-
dures 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 tibiotalocalcan-
neal 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 prac-
tice, but not authorized to prescribe or administer narcotics prior to
the effective date of this subdivision, may do so only after certif-
ication by the department in accordance with the qualifications estab-
lished 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 anesthesia 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) 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, FOR THE PURPOSES OF AUTHORIZ-
ING A 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, to a
podiatrist who:
(I) is licensed pursuant to this article and who has met the residency
and board certification requirements set forth in subdivision two of
section seven thousand nine of this article [in order to authorize such
A. 4613--B 3
podiatrist to obtain the training and experience required for the issu-
ance of a podiatric advanced ankle surgery privilege pursuant to subdi-
vision two of section seven thousand nine of this article]; OR
(II) IS LICENSED PURSUANT TO THIS ARTICLE AND WHO HAS MET THE RESIDEN-
CY REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN THOUSAND
NINE OF THIS ARTICLE AND WHO IS BOARD QUALIFIED BUT NOT YET CERTIFIED IN
RECONSTRUCTIVE REARFOOT AND ANKLE SURGERY BY A NATIONAL CERTIFYING BOARD
HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE DEPARTMENT.
(B) 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 eighteen months after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.