S T A T E   O F   N E W   Y O R K
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                                  4121

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- 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 the podiatric scope of
  practice; and repealing certain provisions of the  public  health  law
  and the civil practice law and rules relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 7001  of  the  education  law,  as
amended  by  chapter  438  of  the  laws  of 2012, is amended to read as
follows:
  1. The practice of the profession of podiatry is defined  as  diagnos-
ing,  treating,  operating  and  prescribing  for  any  disease, injury,
deformity or other condition of the foot,  and  may  include  performing
physical  evaluations  in  conjunction  with  the provision of podiatric
treatment. For the purposes of  wound  care  however,  the  practice  of
podiatry  shall include the treatment of such wounds if they are contig-
uous with wounds relating, originating or in the course of treatment  of
a  wound  on the foot within the podiatric scope of practice. Wound care
shall not, however, extend beyond [to] the level ending  at  the  distal
tibial tuberosity. The practice of podiatry may also include diagnosing,
treating,  operating  and prescribing for any disease, injury, deformity
or other condition of the ankle and soft tissue of  the  leg  below  the
tibial tuberosity if the podiatrist has obtained an issuance of a privi-
lege  to  perform  podiatric  standard  ankle  surgery or advanced ankle
surgery in accordance with section seven thousand nine of this  article.
Podiatrists  may treat traumatic open wound fractures only in hospitals,
as defined in article twenty-eight of the public  health  law.  For  the
purposes  of  this  article,  the  term  "ankle" shall be defined as the
distal metaphysis and epiphysis of the tibia and fibula,  the  articular
cartilage  of  the  distal  tibia  and distal fibula, the ligaments that
connect the distal metaphysis and epiphysis of the tibia and fibula  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04911-02-3
              

S. 4121                             2

talus,  and  the  portions of skin, subcutaneous tissue, facia, muscles,
tendons, ligaments and nerves at or below the level of the  myotendinous
junction of the triceps surae.
  S  2.  Section  7001  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. (A) THE DEPARTMENT SHALL CONDUCT A STUDY TO  DETERMINE  WHETHER  TO
MAKE  AVAILABLE  TO THE PUBLIC PROFILES ON PODIATRISTS WHO HAVE OBTAINED
AN ISSUANCE OF A PRIVILEGE TO PERFORM  PODIATRIC  STANDARD  OR  ADVANCED
ANKLE  SURGERY  PURSUANT  TO  SUBDIVISIONS  ONE AND TWO OF SECTION SEVEN
THOUSAND NINE OF THIS ARTICLE. SUCH STUDY SHALL INCLUDE CONSIDERATION OF
WHETHER IT WOULD BE APPROPRIATE AND FEASIBLE FOR THE DEPARTMENT TO  MAKE
PUBLICLY  AVAILABLE PROFILES FOR SUCH PODIATRISTS IN A MANNER SIMILAR TO
PHYSICIAN PROFILES MADE AVAILABLE ON THE DEPARTMENT OF HEALTH'S  WEBSITE
IN  ACCORDANCE  WITH  SECTION  TWENTY-NINE  HUNDRED NINETY-FIVE-A OF THE
PUBLIC HEALTH LAW. THE DEPARTMENT SHALL CONSULT WITH THE  DEPARTMENT  OF
HEALTH  AS  NECESSARY ON MATTERS RELATED TO THE OPERATION OF THE DEPART-
MENT OF HEALTH'S PHYSICIAN  PROFILES  ESTABLISHED  PURSUANT  TO  SECTION
TWENTY-NINE HUNDRED NINETY-FIVE-A OF THE PUBLIC HEALTH LAW IN CONDUCTING
ITS STUDY.
  (B)  IF  THE  DEPARTMENT  DETERMINES  THAT  MAKING PODIATRIST PROFILES
AVAILABLE IS APPROPRIATE AND FEASIBLE, THE DEPARTMENT,  AFTER  CONSULTA-
TION  WITH  THE  DEPARTMENT  OF  HEALTH,  SHALL OUTLINE IN SUCH STUDY AN
APPROPRIATE AND COST EFFECTIVE METHOD OF PRESENTING RELEVANT AND  APPRO-
PRIATE  PODIATRIC  PROFILING  INFORMATION  TO  THE  GENERAL  PUBLIC. THE
DEPARTMENT SHALL SUBMIT SUCH STUDY TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF
THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY ON OR BEFORE NOVEMBER
FIRST, TWO THOUSAND SIXTEEN.
  (C) IF THE DEPARTMENT MAKES PODIATRIST PROFILES AVAILABLE AS SET FORTH
IN  PARAGRAPH  (B)  OF  THIS SUBDIVISION, THE DEPARTMENT OF HEALTH SHALL
INCLUDE ON ITS WEBSITE CONTAINING  THE  PHYSICIAN  PROFILES  ESTABLISHED
PURSUANT  TO  SECTION  TWENTY-NINE  HUNDRED  NINETY-FIVE-A OF THE PUBLIC
HEALTH LAW A LINK TO THE WEBSITE ON WHICH SUCH PODIATRIST  PROFILES  MAY
BE ACCESSED AND A STATEMENT DESCRIBING THE PURPOSE OF SUCH LINK.
  S  3.  Subdivision  4-a  of section 2995-d of the public health law is
REPEALED.
  S 4. Subparagraph (iv) of paragraph 1 of subdivision  (d)  of  section
3101 of the civil practice law and rules is REPEALED.
  S  5.  This  act  shall  take  effect on the same date and in the same
manner as chapter 438 of the laws of 2012, takes effect.