Assembly Bill A4613B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4613
 
                        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 -- read once and
   referred to the Committee on Higher Education
 
 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 AND AFFECTING the foot AND ANKLE AND THE
 SKIN  OF  THE LEG BELOW THE TIBIAL TUBEROSITY, 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 contiguous with wounds relat-
 ing, 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 MELA-
 NOMA; PERFORMANCE OF MOHS SURGERY; MUSCLE FLAPS OR MICROVASCULAR ANASTA-
 MOSES.  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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07128-01-5
              

 A. 4613                             2
 
 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] 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]  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  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 subdivisions 2 and 3, as added by chapter
 438 of the laws of 2012, are 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-
 A. 4613                             3
 
 one  of  this  title  and  certified in orthopedic surgery by a national
 certifying  board  having  certification  standards  acceptable  to  the
 department.
   3.  For  the  purposes  of this section, [direct personal] supervision
 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 proce-
 dures and evaluates the procedures performed by the holder of the limit-
 ed permit.
   § 3. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4613--A
 
                        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
 
 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 AND AFFECTING the foot AND ANKLE AND THE
 SKIN  OF  THE LEG BELOW THE TIBIAL TUBEROSITY, 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 contiguous with wounds relat-
 ing, 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 MELA-
 NOMA; PERFORMANCE OF MOHS SURGERY; MUSCLE FLAPS OR MICROVASCULAR ANASTA-
 MOSES.  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-
 ance of a privilege to  perform  podiatric  standard  ankle  surgery  or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07128-05-5
              

 A. 4613--A                          2

 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,  nor treating fractures of the
 malleoli or] 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 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 subdivisions 2 and 3, as added by chapter
 438 of the laws of 2012, are 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
 A. 4613--A                          3
 
 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. For the purposes of this  section,  [direct  personal]  supervision
 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  proce-
 dures and evaluates the procedures performed by the holder of the limit-
 ed permit.
   § 3. This act shall take effect immediately.