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S06693 Summary:

BILL NOS06693A
 
SAME ASSAME AS A04613-A
 
SPONSORJACKSON
 
COSPNSRFAHY
 
MLTSPNSR
 
Amd §§7001 & 7010, Ed L
 
Modernizes the practice of podiatry specifically relating to ankle surgery.
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S06693 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6693--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 19, 2025
                                       ___________
 
        Introduced by Sens. JACKSON, FAHY -- read twice and ordered printed, and
          when  printed  to be committed to the Committee 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:
 
     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 and affecting the foot and ankle and the
     8  skin of the leg below the tibial tuberosity, unless  otherwise  provided
     9  by  this  section,  and  may  include performing physical evaluations in
    10  conjunction with  the  provision  of  podiatric  treatment.    [For  the
    11  purposes  of  wound care however, the practice of podiatry shall include
    12  the treatment of such wounds if they are contiguous with  wounds  relat-
    13  ing,  originating  or  in the course of treatment of a wound on the foot
    14  within the podiatric scope of practice.] The practice of podiatry  shall
    15  not  include  the following treatments or procedures performed above the
    16  level of the malleoli, unless otherwise provided: the treatment of mela-
    17  noma; performance of mohs surgery; muscle flaps or microvascular anasta-
    18  moses. Wound care shall not[, however,] extend beyond the  level  ending
    19  at  the  [distal]  tibial tuberosity. [The practice of podiatry may also
    20  include diagnosing, treating, operating and prescribing for any disease,
    21  injury, deformity or other condition of the ankle and soft tissue of the
    22  leg below the tibial tuberosity if the podiatrist has obtained an  issu-
    23  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.
                                                                   LBD07128-04-5

        S. 6693--A                          2

     1  advanced ankle surgery in accordance with section seven thousand nine of
     2  this article.] Podiatrists may treat traumatic open wound fractures only
     3  in hospitals, as defined in article twenty-eight of  the  public  health
     4  law. For the purposes of this article, the term "ankle" shall be defined
     5  as  the  distal  metaphysis  and  epiphysis of the tibia and fibula, the
     6  articular cartilage of the distal tibia and distal fibula, the ligaments
     7  that connect the distal metaphysis and epiphysis of the tibia and fibula
     8  and talus,  and  the  portions  of  skin,  subcutaneous  tissue,  facia,
     9  muscles,  tendons,  ligaments  and  nerves  at or below the level of the
    10  myotendinous junction of the triceps surae.
    11    2. The practice of podiatry shall not include [treating  any  part  of
    12  the  human  body  other  than  the  foot,  nor treating fractures of the
    13  malleoli or] the surgical treatment of fractures of the  malleoli  which
    14  includes  cutting  operations  upon  the  malleoli unless the podiatrist
    15  obtains an issuance of a privilege to perform podiatric  standard  ankle
    16  surgery  or  podiatric  advanced  ankle  surgery.   Podiatrists who have
    17  obtained an issuance of a privilege to perform podiatric standard  ankle
    18  surgery  may  perform surgery on the ankle which may include soft tissue
    19  and osseous procedures except those procedures  specifically  authorized
    20  for  podiatrists  who  have  obtained  an  issuance  of  a privilege for
    21  advanced ankle surgery. Podiatrists who have obtained an issuance  of  a
    22  privilege  to  perform  podiatric  advanced  ankle  surgery  may perform
    23  surgery on the ankle which may include ankle  fracture  fixation,  ankle
    24  fusion,  [ankle  arthroscopy,] insertion or removal of external fixation
    25  pins into or from the tibial diaphysis at or  below  the  level  of  the
    26  myotendinous junction of the triceps surae, and insertion and removal of
    27  retrograde tibiotalocalcanneal intramedullary rods and locking screws up
    28  to the level of the myotendinous junction of the triceps surae, but does
    29  not  include  the  surgical treatment of complications within the tibial
    30  diaphysis related to the use of such external fixation pins. Podiatrists
    31  licensed to practice, but not  authorized  to  prescribe  or  administer
    32  narcotics  prior  to  the  effective date of this subdivision, may do so
    33  only after certification by the department in accordance with the quali-
    34  fications established by the  commissioner.  The  practice  of  podiatry
    35  shall  include  administering  only  local  anesthetics  for therapeutic
    36  purposes as well as for anesthesia and  treatment  under  general  anes-
    37  thesia  administered  by authorized persons. The practice of podiatry by
    38  any licensee shall not include [partial or total ankle replacements nor]
    39  the treatment of pilon fractures.
    40    § 2. The opening paragraph of section 7010 of  the  education  law  is
    41  designated  subdivision  1 and subdivisions 2 and 3, as added by chapter
    42  438 of the laws of 2012, are amended to read as follows:
    43    2. A limited permit to perform podiatric advanced  ankle  surgery,  as
    44  described in subdivision two of section seven thousand one of this arti-
    45  cle,  may  be  issued  by the department to a podiatrist who is licensed
    46  pursuant to this article and who has met the residency and board certif-
    47  ication requirements set forth in subdivision two of section seven thou-
    48  sand nine of this article in  order  to  authorize  such  podiatrist  to
    49  obtain the training and experience required for the issuance of a podia-
    50  tric  advanced  ankle  surgery  privilege pursuant to subdivision two of
    51  section seven thousand nine of this  article;  provided,  however,  that
    52  board  qualification  shall  be  deemed  to  satisfy  the  certification
    53  requirements set forth in such section for purposes of this subdivision.
    54  Such permits shall authorize the performance of podiatric advanced ankle
    55  surgery only under the  [direct  personal]  supervision  of  a  licensed
    56  podiatrist  holding  a podiatric advanced ankle surgery privilege issued

        S. 6693--A                          3
 
     1  pursuant to subdivision two of section seven thousand nine of this arti-
     2  cle or of a physician licensed pursuant to article one  hundred  thirty-
     3  one  of  this  title  and  certified in orthopedic surgery by a national
     4  certifying  board  having  certification  standards  acceptable  to  the
     5  department.
     6    3. For the purposes of this  section,  [direct  personal]  supervision
     7  means  supervision  of procedures based on instructions given [directly]
     8  by the supervising podiatrist or physician who [remains in the immediate
     9  area where the procedures are being performed,]  authorizes  the  proce-
    10  dures and evaluates the procedures performed by the holder of the limit-
    11  ed permit.
    12    § 3. This act shall take effect immediately.
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