S04734 Summary:

BILL NOS04734
 
SAME ASSAME AS A01880
 
SPONSORVALESKY
 
COSPNSRALCANTARA, CARLUCCI, SANDERS, SAVINO
 
MLTSPNSR
 
Amd 7001, 7009 & 7010, Ed L
 
Makes technical corrections to the practice of podiatry.
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S04734 Actions:

BILL NOS04734
 
02/24/2017REFERRED TO HIGHER EDUCATION
01/03/2018REFERRED TO HIGHER EDUCATION
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S04734 Committee Votes:

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S04734 Floor Votes:

There are no votes for this bill in this legislative session.
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S04734 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4734
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2017
                                       ___________
 
        Introduced  by  Sens.  VALESKY, CARLUCCI, LATIMER, SANDERS -- read twice
          and ordered printed, and when printed to be committed to the Committee
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04558-01-7

        S. 4734                             2
 
     1  section seven thousand nine of this article. Podiatrists may treat trau-
     2  matic open wound fractures only in  hospitals,  as  defined  in  article
     3  twenty-eight of the public health law. For the purposes of this article,
     4  the term "ankle" shall be defined as the distal metaphysis and epiphysis
     5  of the tibia and fibula, the articular cartilage of the distal tibia and
     6  distal  fibula,  the  ligaments  that  connect the distal metaphysis and
     7  epiphysis of the tibia and fibula and talus, and the portions  of  skin,
     8  subcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or
     9  below the level of the myotendinous junction of the triceps surae.
    10    2. The practice of podiatry shall not include treating any part of the
    11  human  body other than the foot and ankle as herein provided, nor treat-
    12  ing fractures of the malleoli or cutting operations  upon  the  malleoli
    13  unless  the  podiatrist  obtains  an  issuance of a privilege to perform
    14  podiatric standard ankle surgery or  podiatric  advanced  ankle  surgery
    15  Podiatrists  who  have  obtained  an  issuance of a privilege to perform
    16  podiatric standard ankle surgery may perform surgery on the ankle  which
    17  may  include  soft tissue and osseous procedures except those procedures
    18  specifically authorized for podiatrists who have obtained an issuance of
    19  a privilege for advanced ankle surgery. Podiatrists who have obtained an
    20  issuance of a privilege to perform podiatric advanced ankle surgery  may
    21  perform  surgery on the ankle which may include ankle fracture fixation,
    22  ankle fusion, ankle arthroscopy, insertion or removal of external  fixa-
    23  tion pins into or from the tibial diaphysis at or below the level of the
    24  myotendinous junction of the triceps surae, and insertion and removal of
    25  retrograde tibiotalocalcanneal intramedullary rods and locking screws up
    26  to the level of the myotendinous junction of the triceps surae, but does
    27  not  include  the  surgical treatment of complications within the tibial
    28  diaphysis related to the use of such external fixation pins. Podiatrists
    29  licensed to practice, but not  authorized  to  prescribe  or  administer
    30  narcotics  prior  to  the  effective date of this subdivision, may do so
    31  only after certification by the department in accordance with the quali-
    32  fications established by the  commissioner.  The  practice  of  podiatry
    33  shall  include  administering  only  local  anesthetics  for therapeutic
    34  purposes as well as for anesthesia and  treatment  under  general  anes-
    35  thesia  administered  by authorized persons. The practice of podiatry by
    36  any licensee shall not include partial or total ankle  replacements  nor
    37  the treatment of pilon fractures.
    38    § 2. Subparagraph (ii) of paragraph c of subdivision 1 of section 7009
    39  of  the  education  law, as added by chapter 438 of the laws of 2012, is
    40  amended to read as follows:
    41    (ii) have graduated on or after June first, two thousand  six  from  a
    42  three-year  residency program in podiatric medicine and surgery that was
    43  accredited by an accrediting agency acceptable  to  the  department,  be
    44  board  qualified  but  not  yet certified in reconstructive rearfoot and
    45  ankle surgery by a national certifying board having certification stand-
    46  ards acceptable to the department, and provide documentation that he  or
    47  she  has  acceptable  training  and  experience in standard or [advance]
    48  advanced midfoot, rearfoot and ankle procedures that has  been  approved
    49  by the department; or
    50    § 3. Section 7010 of the education law, as added by chapter 438 of the
    51  laws of 2012, is amended to read as follows:
    52    §  7010. Ankle surgery limited permits. 1. A limited permit to perform
    53  podiatric standard ankle surgery, as described  in  subdivision  two  of
    54  section seven thousand one of this article, may be issued by the depart-
    55  ment  to  a  podiatrist who is licensed pursuant to this article and who
    56  has met the residency and board qualification/certification requirements

        S. 4734                             3
 
     1  set forth in subdivision one of section  seven  thousand  nine  of  this
     2  article in order to authorize such podiatrist to obtain the training and
     3  experience  required  for  the  issuance  of  a podiatric standard ankle
     4  surgery  privilege pursuant to subdivision one of section seven thousand
     5  nine of this article. Such permits shall authorize  the  performance  of
     6  podiatric standard ankle surgery only under the [direct personal] super-
     7  vision  of  a  licensed  podiatrist  holding  a podiatric standard ankle
     8  surgery privilege or a podiatric advanced ankle surgery privilege issued
     9  pursuant to section seven thousand nine of this article or of  a  physi-
    10  cian  licensed  pursuant to article one hundred thirty-one of this title
    11  and certified in orthopedic  surgery  by  a  national  certifying  board
    12  having certification standards acceptable to the department.
    13    2.  A  limited  permit to perform podiatric advanced ankle surgery, as
    14  described in subdivision two of section seven thousand one of this arti-
    15  cle, may be issued by the department to a  podiatrist  who  is  licensed
    16  pursuant to this article and who has met the residency and board certif-
    17  ication requirements set forth in subdivision two of section seven thou-
    18  sand  nine  of  this  article  in  order to authorize such podiatrist to
    19  obtain the training and experience required for the issuance of a podia-
    20  tric advanced ankle surgery privilege pursuant  to  subdivision  two  of
    21  section  seven  thousand  nine  of this article; provided, however, that
    22  board  qualification  shall  be  deemed  to  satisfy  the  certification
    23  requirements set forth in such section for purposes of this subdivision.
    24  Such permits shall authorize the performance of podiatric advanced ankle
    25  surgery  only  under  the  [direct  personal]  supervision of a licensed
    26  podiatrist holding a podiatric advanced ankle surgery  privilege  issued
    27  pursuant to subdivision two of section seven thousand nine of this arti-
    28  cle  or  of a physician licensed pursuant to article one hundred thirty-
    29  one of this title and certified in  orthopedic  surgery  by  a  national
    30  certifying  board  having  certification  standards  acceptable  to  the
    31  department.
    32    3. For the purposes of this  section,  [direct  personal]  supervision
    33  means  supervision of procedures based on instructions given directly by
    34  [the supervising] a licensed podiatrist holding a podiatric standard  or
    35  advanced  ankle surgery privilege or physician who [remains in the imme-
    36  diate area where the procedures  are  being  performed]  is  immediately
    37  available to furnish assistance and direction throughout the performance
    38  of the procedure, authorizes the procedures and evaluates the procedures
    39  performed  by  the  holder of the limited permit or with the approval of
    40  the chair of the orthopedic or surgery department  of  the  hospital  at
    41  which the procedure will be performed.
    42    4.  The  holder  of  a  limited permit issued pursuant to this section
    43  shall perform podiatric ankle surgery  only  in  a  hospital  or  health
    44  facility  licensed pursuant to article twenty-eight of the public health
    45  law and appropriately authorized to provide such surgery.
    46    5. Limited permits shall be issued for a period of one year,  and  may
    47  be  renewed for additional one year periods when necessary to permit the
    48  completion of the training and experience required to obtain a podiatric
    49  standard ankle surgery privilege or  podiatric  advanced  ankle  surgery
    50  privilege,  as  applicable,  provided that no permit may be renewed more
    51  than four times for each such privilege.
    52    6. The fee for a limited permit shall be one hundred five dollars  and
    53  the fee for a renewal shall be fifty dollars.
    54    § 4. This act shall take effect immediately.
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