A06185 Summary:

BILL NOA06185
 
SAME ASSAME AS S05395
 
SPONSORPretlow
 
COSPNSRBarron, Woerner, Gottfried, Cook, Peoples-Stokes, Ortiz, Rivera, Stirpe, McDonald
 
MLTSPNSRDenDekker, Fitzpatrick, Hevesi, Lentol, Lupardo
 
Amd 7001, 7009 & 7010, Ed L
 
Makes technical corrections to the practice of podiatry.
Go to top    

A06185 Actions:

BILL NOA06185
 
02/28/2019referred to higher education
Go to top

A06185 Committee Votes:

Go to top

A06185 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A06185 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6185
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 28, 2019
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Higher Education
 
        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-
    24  tric standard ankle surgery or advanced ankle surgery in accordance with
    25  section seven thousand nine of this article. Podiatrists may treat trau-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04854-01-9

        A. 6185                             2
 
     1  matic open wound fractures only in  hospitals,  as  defined  in  article
     2  twenty-eight of the public health law. For the purposes of this article,
     3  the term "ankle" shall be defined as the distal metaphysis and epiphysis
     4  of the tibia and fibula, the articular cartilage of the distal tibia and
     5  distal  fibula,  the  ligaments  that  connect the distal metaphysis and
     6  epiphysis of the tibia and fibula and talus, and the portions  of  skin,
     7  subcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or
     8  below the level of the myotendinous junction of the triceps surae.
     9    2. The practice of podiatry shall not include treating any part of the
    10  human  body other than the foot and ankle as herein provided, nor treat-
    11  ing fractures of the malleoli or cutting operations  upon  the  malleoli
    12  unless  the  podiatrist  obtains  an  issuance of a privilege to perform
    13  podiatric standard ankle surgery or  podiatric  advanced  ankle  surgery
    14  Podiatrists  who  have  obtained  an  issuance of a privilege to perform
    15  podiatric standard ankle surgery may perform surgery on the ankle  which
    16  may  include  soft tissue and osseous procedures except those procedures
    17  specifically authorized for podiatrists who have obtained an issuance of
    18  a privilege for advanced ankle surgery. Podiatrists who have obtained an
    19  issuance of a privilege to perform podiatric advanced ankle surgery  may
    20  perform  surgery on the ankle which may include ankle fracture fixation,
    21  ankle fusion, ankle arthroscopy, insertion or removal of external  fixa-
    22  tion pins into or from the tibial diaphysis at or below the level of the
    23  myotendinous junction of the triceps surae, and insertion and removal of
    24  retrograde tibiotalocalcanneal intramedullary rods and locking screws up
    25  to the level of the myotendinous junction of the triceps surae, but does
    26  not  include  the  surgical treatment of complications within the tibial
    27  diaphysis related to the use of such external fixation pins. Podiatrists
    28  licensed to practice, but not  authorized  to  prescribe  or  administer
    29  narcotics  prior  to  the  effective date of this subdivision, may do so
    30  only after certification by the department in accordance with the quali-
    31  fications established by the  commissioner.  The  practice  of  podiatry
    32  shall  include  administering  only  local  anesthetics  for therapeutic
    33  purposes as well as for anesthesia and  treatment  under  general  anes-
    34  thesia  administered  by authorized persons. The practice of podiatry by
    35  any licensee shall not include partial or total ankle  replacements  nor
    36  the treatment of pilon fractures.
    37    § 2. Subparagraph (ii) of paragraph c of subdivision 1 of section 7009
    38  of  the  education  law, as added by chapter 438 of the laws of 2012, is
    39  amended to read as follows:
    40    (ii) have graduated on or after June first, two thousand  six  from  a
    41  three-year  residency program in podiatric medicine and surgery that was
    42  accredited by an accrediting agency acceptable  to  the  department,  be
    43  board  qualified  but  not  yet certified in reconstructive rearfoot and
    44  ankle surgery by a national certifying board having certification stand-
    45  ards acceptable to the department, and provide documentation that he  or
    46  she  has  acceptable  training  and  experience in standard or [advance]
    47  advanced midfoot, rearfoot and ankle procedures that has  been  approved
    48  by the department; or
    49    § 3. Section 7010 of the education law, as added by chapter 438 of the
    50  laws of 2012, is amended to read as follows:
    51    §  7010. Ankle surgery limited permits. 1. A limited permit to perform
    52  podiatric standard ankle surgery, as described  in  subdivision  two  of
    53  section seven thousand one of this article, may be issued by the depart-
    54  ment  to  a  podiatrist who is licensed pursuant to this article and who
    55  has met the residency and board qualification/certification requirements
    56  set forth in subdivision one of section  seven  thousand  nine  of  this

        A. 6185                             3
 
     1  article in order to authorize such podiatrist to obtain the training and
     2  experience  required  for  the  issuance  of  a podiatric standard ankle
     3  surgery privilege pursuant to subdivision one of section seven  thousand
     4  nine  of  this  article. Such permits shall authorize the performance of
     5  podiatric standard ankle surgery only under the [direct personal] super-
     6  vision of a licensed  podiatrist  holding  a  podiatric  standard  ankle
     7  surgery privilege or a podiatric advanced ankle surgery privilege issued
     8  pursuant  to  section seven thousand nine of this article or of a physi-
     9  cian licensed pursuant to article one hundred thirty-one of  this  title
    10  and  certified  in  orthopedic  surgery  by  a national certifying board
    11  having certification standards acceptable to the department.
    12    2. A limited permit to perform podiatric advanced  ankle  surgery,  as
    13  described in subdivision two of section seven thousand one of this arti-
    14  cle,  may  be  issued  by the department to a podiatrist who is licensed
    15  pursuant to this article and who has met the residency and board certif-
    16  ication requirements set forth in subdivision two of section seven thou-
    17  sand nine of this article in  order  to  authorize  such  podiatrist  to
    18  obtain the training and experience required for the issuance of a podia-
    19  tric  advanced  ankle  surgery  privilege pursuant to subdivision two of
    20  section seven thousand nine of this  article;  provided,  however,  that
    21  board  qualification  shall  be  deemed  to  satisfy  the  certification
    22  requirements set forth in such section for purposes of this subdivision.
    23  Such permits shall authorize the performance of podiatric advanced ankle
    24  surgery only under the  [direct  personal]  supervision  of  a  licensed
    25  podiatrist  holding  a podiatric advanced ankle surgery privilege issued
    26  pursuant to subdivision two of section seven thousand nine of this arti-
    27  cle or of a physician licensed pursuant to article one  hundred  thirty-
    28  one  of  this  title  and  certified in orthopedic surgery by a national
    29  certifying  board  having  certification  standards  acceptable  to  the
    30  department.
    31    3.  For  the  purposes  of this section, [direct personal] supervision
    32  means supervision of procedures based on instructions given directly  by
    33  [the  supervising] a licensed podiatrist holding a podiatric standard or
    34  advanced ankle surgery privilege or physician who [remains in the  imme-
    35  diate  area  where  the  procedures  are being performed] is immediately
    36  available to furnish assistance and direction throughout the performance
    37  of the procedure, authorizes the procedures and evaluates the procedures
    38  performed by the holder of the limited permit or with  the  approval  of
    39  the  chair  of  the  orthopedic or surgery department of the hospital at
    40  which the procedure will be performed.
    41    4. The holder of a limited permit  issued  pursuant  to  this  section
    42  shall  perform  podiatric  ankle  surgery  only  in a hospital or health
    43  facility licensed pursuant to article twenty-eight of the public  health
    44  law and appropriately authorized to provide such surgery.
    45    5.  Limited  permits shall be issued for a period of one year, and may
    46  be renewed for additional one year periods when necessary to permit  the
    47  completion of the training and experience required to obtain a podiatric
    48  standard  ankle  surgery  privilege  or podiatric advanced ankle surgery
    49  privilege, as applicable, provided that no permit may  be  renewed  more
    50  than four times for each such privilege.
    51    6.  The fee for a limited permit shall be one hundred five dollars and
    52  the fee for a renewal shall be fifty dollars.
    53    § 4. This act shall take effect immediately.
Go to top