STATE OF NEW YORK
________________________________________________________________________
719--B
2015-2016 Regular Sessions
IN ASSEMBLY
January 7, 2015
___________
Introduced by M. of A. PRETLOW, SIMANOWITZ, WALTER, LUPINACCI -- Multi-
Sponsored by -- M. of A. CURRAN -- read once and referred to the
Committee on Higher Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Higher Education in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to making technical
changes to 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:
1 Section 1. Subdivisions 1 and 2 of section 7001 of the education law,
2 subdivision 1 as amended by chapter 23 of the laws of 2013 and subdivi-
3 sion 2 as amended by chapter 438 of the laws of 2012, are amended to
4 read as follows:
5 1. The practice of the profession of podiatry is defined as diagnos-
6 ing, treating, operating and prescribing for any disease, injury,
7 deformity or other condition of the foot, the non-surgical treatment of
8 the ankle and the anatomical structures of the ankle, cutaneous condi-
9 tions and wounds of the ankle, and may include performing physical eval-
10 uations in conjunction with the provision of podiatric treatment. [For
11 the purposes of wound care however, the practice of podiatry shall
12 include the treatment of such wounds if they are contiguous with wounds
13 relating, originating or in the course of treatment of a wound on the
14 foot within the podiatric scope of practice.] The practice of podiatry
15 shall not include the following treatments or procedures performed above
16 the level of the malleoli, unless otherwise provided: the treatment of
17 melanoma; performance of mohs surgery; muscle flaps or microvascular
18 anastamoses. Wound care shall not, however, extend beyond the level
19 ending at the [distal] tibial tuberosity. The practice of podiatry may
20 also include [diagnosing, treating, operating and prescribing for any
21 disease, injury, deformity or other condition of] the surgical treatment
22 of the ankle and soft tissue of the leg below the tibial tuberosity if
23 the podiatrist has obtained an issuance of a privilege to perform podia-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05334-07-6
A. 719--B 2
1 tric standard ankle surgery or advanced ankle surgery in accordance with
2 section seven thousand nine of this article. Podiatrists may treat trau-
3 matic open wound fractures only in hospitals, as defined in article
4 twenty-eight of the public health law. For the purposes of this article,
5 the term "ankle" shall be defined as the distal metaphysis and epiphysis
6 of the tibia and fibula, the articular cartilage of the distal tibia and
7 distal fibula, the ligaments that connect the distal metaphysis and
8 epiphysis of the tibia and fibula and talus, and the portions of skin,
9 subcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or
10 below the level of the myotendinous junction of the triceps surae.
11 2. The practice of podiatry shall not include treating any part of the
12 human body other than the foot and ankle as herein provided, nor treat-
13 ing fractures of the malleoli or cutting operations upon the malleoli
14 unless the podiatrist obtains an issuance of a privilege to perform
15 podiatric standard ankle surgery or podiatric advanced ankle surgery
16 Podiatrists who have obtained an issuance of a privilege to perform
17 podiatric standard ankle surgery may perform surgery on the ankle which
18 may include soft tissue and osseous procedures except those procedures
19 specifically authorized for podiatrists who have obtained an issuance of
20 a privilege for advanced ankle surgery. Podiatrists who have obtained an
21 issuance of a privilege to perform podiatric advanced ankle surgery may
22 perform surgery on the ankle which may include ankle fracture fixation,
23 ankle fusion, ankle arthroscopy, insertion or removal of external fixa-
24 tion pins into or from the tibial diaphysis at or below the level of the
25 myotendinous junction of the triceps surae, and insertion and removal of
26 retrograde tibiotalocalcanneal intramedullary rods and locking screws up
27 to the level of the myotendinous junction of the triceps surae, but does
28 not include the surgical treatment of complications within the tibial
29 diaphysis related to the use of such external fixation pins. Podiatrists
30 licensed to practice, but not authorized to prescribe or administer
31 narcotics prior to the effective date of this subdivision, may do so
32 only after certification by the department in accordance with the quali-
33 fications established by the commissioner. The practice of podiatry
34 shall include administering only local anesthetics for therapeutic
35 purposes as well as for anesthesia and treatment under general anes-
36 thesia administered by authorized persons. The practice of podiatry by
37 any licensee shall not include partial or total ankle replacements nor
38 the treatment of pilon fractures.
39 § 2. Subparagraph (ii) of paragraph c of subdivision 1 of section 7009
40 of the education law, as added by chapter 438 of the laws of 2012, is
41 amended to read as follows:
42 (ii) have graduated on or after June first, two thousand six from a
43 three-year residency program in podiatric medicine and surgery that was
44 accredited by an accrediting agency acceptable to the department, be
45 board qualified but not yet certified in reconstructive rearfoot and
46 ankle surgery by a national certifying board having certification stand-
47 ards acceptable to the department, and provide documentation that he or
48 she has acceptable training and experience in standard or [advance]
49 advanced midfoot, rearfoot and ankle procedures that has been approved
50 by the department; or
51 § 3. Section 7010 of the education law, as added by chapter 438 of the
52 laws of 2012, is amended to read as follows:
53 § 7010. Ankle surgery limited permits. 1. A limited permit to perform
54 podiatric standard ankle surgery, as described in subdivision two of
55 section seven thousand one of this article, may be issued by the depart-
56 ment to a podiatrist who is licensed pursuant to this article and who
A. 719--B 3
1 has met the residency and board qualification/certification requirements
2 set forth in subdivision one of section seven thousand nine of this
3 article in order to authorize such podiatrist to obtain the training and
4 experience required for the issuance of a podiatric standard ankle
5 surgery privilege pursuant to subdivision one of section seven thousand
6 nine of this article. Such permits shall authorize the performance of
7 podiatric standard ankle surgery only under the [direct personal] super-
8 vision of a licensed podiatrist holding a podiatric standard ankle
9 surgery privilege or a podiatric advanced ankle surgery privilege issued
10 pursuant to section seven thousand nine of this article or of a physi-
11 cian licensed pursuant to article one hundred thirty-one of this title
12 and certified in orthopedic surgery by a national certifying board
13 having certification standards acceptable to the department.
14 2. A limited permit to perform podiatric advanced ankle surgery, as
15 described in subdivision two of section seven thousand one of this arti-
16 cle, may be issued by the department to a podiatrist who is licensed
17 pursuant to this article and who has met the residency and board certif-
18 ication requirements set forth in subdivision two of section seven thou-
19 sand nine of this article in order to authorize such podiatrist to
20 obtain the training and experience required for the issuance of a podia-
21 tric advanced ankle surgery privilege pursuant to subdivision two of
22 section seven thousand nine of this article; provided, however, that
23 board qualification shall be deemed to satisfy the certification
24 requirements set forth in such section for purposes of this subdivision.
25 Such permits shall authorize the performance of podiatric advanced ankle
26 surgery only under the [direct personal] supervision of a licensed
27 podiatrist holding a podiatric advanced ankle surgery privilege issued
28 pursuant to subdivision two of section seven thousand nine of this arti-
29 cle or of a physician licensed pursuant to article one hundred thirty-
30 one of this title and certified in orthopedic surgery by a national
31 certifying board having certification standards acceptable to the
32 department.
33 3. For the purposes of this section, [direct personal] supervision
34 means supervision of procedures based on instructions given directly by
35 [the supervising] a licensed podiatrist holding a podiatric standard or
36 advanced ankle surgery privilege or physician who [remains in the imme-
37 diate area where the procedures are being performed] is immediately
38 available to furnish assistance and direction throughout the performance
39 of the procedure, authorizes the procedures and evaluates the procedures
40 performed by the holder of the limited permit or with the approval of
41 the chair of the orthopedic or surgery department of the hospital at
42 which the procedure will be performed.
43 4. The holder of a limited permit issued pursuant to this section
44 shall perform podiatric ankle surgery only in a hospital or health
45 facility licensed pursuant to article twenty-eight of the public health
46 law and appropriately authorized to provide such surgery.
47 5. Limited permits shall be issued for a period of one year, and may
48 be renewed for additional one year periods when necessary to permit the
49 completion of the training and experience required to obtain a podiatric
50 standard ankle surgery privilege or podiatric advanced ankle surgery
51 privilege, as applicable, provided that no permit may be renewed more
52 than four times for each such privilege.
53 6. The fee for a limited permit shall be one hundred five dollars and
54 the fee for a renewal shall be fifty dollars.
55 § 4. This act shall take effect immediately.
