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S06693 Summary:

BILL NOS06693B
 
SAME ASSAME AS A04613-B
 
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--B
            Cal. No. 1635
 
                               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 -- committee discharged and said bill
          committed to the Committee on Rules -- ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        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, or local manifestations of systemic
     8  diseases as they appear on the foot and the  diagnosing,  treating,  and
     9  prescribing  for  any disease, injury, deformity, other condition of, or
    10  local manifestations of systemic diseases as they appear on  the  ankle,
    11  unless  otherwise  provided  by this section, and may include performing
    12  physical evaluations in conjunction  with  the  provision  of  podiatric
    13  treatment.  For  the  purposes  of  wound  care however, the practice of
    14  podiatry shall include the treatment of such wounds if they are  contig-
    15  uous  with wounds relating, originating or in the course of treatment of
    16  a wound on the foot or ankle within the  podiatric  scope  of  practice.
    17  Wound  care  shall not[, however,] extend beyond the level ending at the
    18  distal tibial tuberosity. The practice  of  podiatry  may  also  include
    19  [diagnosing,  treating,]  operating  [and  prescribing] for any disease,
    20  injury, deformity or other condition of the ankle and soft tissue of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07128-09-5

        S. 6693--B                          2
 
     1  leg below the tibial tuberosity if the podiatrist has obtained an  issu-
     2  ance  of  a  privilege  to  perform  podiatric standard ankle surgery or
     3  advanced ankle surgery in accordance with section seven thousand nine of
     4  this  article. Podiatrists may treat traumatic open wound fractures only
     5  in hospitals, as defined in article twenty-eight of  the  public  health
     6  law. For the purposes of this article, the term "ankle" shall be defined
     7  as  the  distal  metaphysis  and  epiphysis of the tibia and fibula, the
     8  articular cartilage of the distal tibia and distal fibula, the ligaments
     9  that connect the distal metaphysis and epiphysis of the tibia and fibula
    10  and talus,  and  the  portions  of  skin,  subcutaneous  tissue,  facia,
    11  muscles,  tendons,  ligaments  and  nerves  at or below the level of the
    12  myotendinous junction of the triceps surae.
    13    2. The practice of podiatry shall not include treating any part of the
    14  human body other than the foot or ankle, [nor treating fractures of  the
    15  malleoli  or]  provided,  however, that unless the podiatrist obtains an
    16  issuance of a privilege to perform podiatric standard ankle  surgery  or
    17  podiatric  advanced  ankle  surgery, such practice shall not include the
    18  surgical treatment of fractures of the malleoli which  includes  cutting
    19  operations  upon the malleoli [unless the podiatrist obtains an issuance
    20  of a privilege to perform podiatric standard ankle surgery or  podiatric
    21  advanced  ankle surgery]. Podiatrists who have obtained an issuance of a
    22  privilege to  perform  podiatric  standard  ankle  surgery  may  perform
    23  surgery  on  the  ankle which may include soft tissue and osseous proce-
    24  dures except those procedures specifically  authorized  for  podiatrists
    25  who have obtained an issuance of a privilege for advanced ankle surgery.
    26  Podiatrists  who  have  obtained  an  issuance of a privilege to perform
    27  podiatric advanced ankle surgery may perform surgery on the ankle  which
    28  may  include  ankle  fracture fixation, ankle fusion, ankle arthroscopy,
    29  insertion or removal of external fixation pins into or from  the  tibial
    30  diaphysis  at  or  below  the  level of the myotendinous junction of the
    31  triceps surae, and insertion and removal of retrograde  tibiotalocalcan-
    32  neal  intramedullary  rods  and  locking  screws  up to the level of the
    33  myotendinous junction of the triceps surae, but  does  not  include  the
    34  surgical  treatment of complications within the tibial diaphysis related
    35  to the use of such external fixation pins. Podiatrists licensed to prac-
    36  tice, but not authorized to prescribe or administer narcotics  prior  to
    37  the  effective  date  of  this subdivision, may do so only after certif-
    38  ication by the department in accordance with the  qualifications  estab-
    39  lished  by  the  commissioner.  The  practice  of podiatry shall include
    40  administering only local anesthetics for therapeutic purposes as well as
    41  for anesthesia and treatment under general  anesthesia  administered  by
    42  authorized  persons.  The practice of podiatry by any licensee shall not
    43  include [partial or total ankle replacements nor] the treatment of pilon
    44  fractures.
    45    § 2. The opening paragraph of section 7010 of  the  education  law  is
    46  designated  subdivision  1 and subdivision 2, as added by chapter 438 of
    47  the laws of 2012, is amended to read as follows:
    48    2. (a) A limited permit to perform podiatric advanced  ankle  surgery,
    49  as  described  in  subdivision two of section seven thousand one of this
    50  article, may be issued by the department, for the purposes of  authoriz-
    51  ing  a podiatrist to obtain the training and experience required for the
    52  issuance of a podiatric advanced ankle  surgery  privilege  pursuant  to
    53  subdivision  two  of  section  seven thousand nine of this article, to a
    54  podiatrist who:
    55    (i) is licensed pursuant to this article and who has met the residency
    56  and board certification requirements set forth  in  subdivision  two  of

        S. 6693--B                          3
 
     1  section  seven thousand nine of this article [in order to authorize such
     2  podiatrist to obtain the training and experience required for the  issu-
     3  ance  of a podiatric advanced ankle surgery privilege pursuant to subdi-
     4  vision two of section seven thousand nine of this article]; or
     5    (ii) is licensed pursuant to this article and who has met the residen-
     6  cy  requirements  set forth in subdivision two of section seven thousand
     7  nine of this article and who is board qualified but not yet certified in
     8  reconstructive rearfoot and ankle surgery by a national certifying board
     9  having certification standards acceptable to the department.
    10    (b) Such permits shall authorize the performance of podiatric advanced
    11  ankle surgery only under the direct personal supervision of  a  licensed
    12  podiatrist  holding  a podiatric advanced ankle surgery privilege issued
    13  pursuant to subdivision two of section seven thousand nine of this arti-
    14  cle or of a physician licensed pursuant to article one  hundred  thirty-
    15  one  of  this  title  and  certified in orthopedic surgery by a national
    16  certifying  board  having  certification  standards  acceptable  to  the
    17  department.
    18    §  3.  This  act shall take effect eighteen months after it shall have
    19  become a law. Effective  immediately,  the  addition,  amendment  and/or
    20  repeal  of  any  rule  or regulation necessary for the implementation of
    21  this act on its effective date are authorized to be made  and  completed
    22  on or before such effective date.
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