Bill Text: NY S05395 | 2019-2020 | General Assembly | Introduced
Bill Title: Makes technical corrections to the practice of podiatry.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S05395 Detail]
Download: New_York-2019-S05395-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5395 2019-2020 Regular Sessions IN SENATE April 29, 2019 ___________ Introduced by Sen. JACKSON -- 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. [For11the purposes of wound care however, the practice of podiatry shall12include the treatment of such wounds if they are contiguous with wounds13relating, originating or in the course of treatment of a wound on the14foot 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 any21disease, 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. LBD04854-01-9S. 5395 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 thisS. 5395 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-35diate 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.