Assembly Bill A5097

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5097
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee 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.
                                                            LBD03274-01-5
 A. 5097                             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  SEVENTEEN  THROUGH
 TWO THOUSAND TWENTY-FOUR, 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  SEVENTEEN  THROUGH
 TWO THOUSAND TWENTY-FOUR, 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, 2025,
 and biennially thereafter. Such report  shall  also  be  posted  on  the
 department of education website.
   § 3. This act shall take effect immediately.