§ 7001. Definition of practice of podiatry. * 1. The practice of the
profession of podiatry is defined as diagnosing, treating, operating and
prescribing for any disease, injury, deformity or other condition of the
foot, 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 relating, originating or
in the course of treatment of a wound on the foot 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 issuance 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.
* NB Effective until June 12, 2027
* 1. The practice of the profession of podiatry is defined as
diagnosing, treating, operating and prescribing for any disease, injury,
deformity, 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
contiguous 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 extend beyond the level ending at the
distal tibial tuberosity. The practice of podiatry may also include
operating 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 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.
* NB Effective June 12, 2027
* 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
qualifications 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
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.
* NB Effective until June 12, 2027
* 2. The practice of podiatry shall not include treating any part of
the human body other than the foot or ankle, 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.
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 qualifications 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 anesthesia administered by authorized persons.
The practice of podiatry by any licensee shall not include the treatment
of pilon fractures.
* NB Effective June 12, 2027
3. (a) The department shall conduct a study to determine whether to
make available to the public profiles on podiatrists who have obtained
an issuance of a privilege to perform podiatric standard or advanced
ankle surgery pursuant to subdivisions one and two of section seven
thousand nine of this article. Such study shall include consideration of
whether it would be appropriate and feasible for the department to make
publicly available profiles for such podiatrists in a manner similar to
physician profiles made available on the department of health's website
in accordance with section twenty-nine hundred ninety-five-a of the
public health law. The department shall consult with the department of
health as necessary on matters related to the operation of the
department of health's physician profiles established pursuant to
section twenty-nine hundred ninety-five-a of the public health law in
conducting its study.
(b) If the department determines that making podiatrist profiles
available is appropriate and feasible, the department, after
consultation with the department of health, shall outline in such study
an appropriate and cost effective method of presenting relevant and
appropriate podiatric profiling information to the general public. The
department shall submit such study to the governor, the temporary
president of the senate, the speaker of the assembly, the minority
leader of the senate and the minority leader of the assembly on or
before November first, two thousand sixteen.
(c) If the department makes podiatrist profiles available as set forth
in paragraph (b) of this subdivision, the department of health shall
include on its website containing the physician profiles established
pursuant to section twenty-nine hundred ninety-five-a of the public
health law a link to the website on which such podiatrist profiles may
be accessed and a statement describing the purpose of such link.