S T A T E O F N E W Y O R K
________________________________________________________________________
2019
2021-2022 Regular Sessions
I N S E N A T E
January 16, 2021
___________
Introduced by Sens. JACKSON, SANDERS -- read twice and ordered printed,
and when printed to be committed to the Committee on 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:
Section 1. Subdivisions 1 and 2 of section 7001 of the education law,
subdivision 1 as amended by chapter 23 of the laws of 2013 and subdivi-
sion 2 as amended by chapter 438 of the laws of 2012, are 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, THE NON-SURGICAL TREATMENT OF
THE ANKLE AND THE ANATOMICAL STRUCTURES OF THE ANKLE, CUTANEOUS CONDI-
TIONS AND WOUNDS OF THE ANKLE, and may include performing physical eval-
uations 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 contiguous with wounds
relating, originating or in the course of treatment of a wound on the
foot within the podiatric scope of practice.] THE PRACTICE OF PODIATRY
SHALL NOT INCLUDE THE FOLLOWING TREATMENTS OR PROCEDURES PERFORMED ABOVE
THE LEVEL OF THE MALLEOLI, UNLESS OTHERWISE PROVIDED: THE TREATMENT OF
MELANOMA; PERFORMANCE OF MOHS SURGERY; MUSCLE FLAPS OR MICROVASCULAR
ANASTAMOSES. Wound care shall not, however, extend beyond 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 SURGICAL TREATMENT
OF THE ankle and soft tissue of the leg below the tibial tuberosity if
the podiatrist has obtained an issuance of a privilege to perform podia-
tric standard ankle surgery or advanced ankle surgery in accordance with
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.
LBD00572-01-1
S. 2019 2
matic 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 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.
2. The practice of podiatry shall not include treating any part of the
human body other than the foot AND ANKLE AS HEREIN PROVIDED, nor treat-
ing fractures of the malleoli or cutting operations upon the malleoli
unless the podiatrist obtains an issuance of a privilege to perform
podiatric standard ankle surgery or podiatric advanced ankle surgery
Podiatrists who have obtained an issuance of a privilege to perform
podiatric standard ankle surgery may perform surgery on the ankle which
may include soft tissue and osseous procedures except those procedures
specifically authorized for podiatrists who have obtained an issuance of
a privilege for advanced ankle surgery. Podiatrists who have obtained an
issuance of a privilege to perform podiatric advanced ankle surgery may
perform surgery on the ankle which may include ankle fracture fixation,
ankle fusion, ankle arthroscopy, insertion or removal of external fixa-
tion pins into or from the tibial diaphysis at or below the level of the
myotendinous junction of the triceps surae, and insertion and removal of
retrograde tibiotalocalcanneal intramedullary rods and locking screws up
to the level of the myotendinous junction of the triceps surae, but does
not include the surgical treatment of complications within the tibial
diaphysis related to the use of such external fixation pins. Podiatrists
licensed to practice, but not authorized to prescribe or administer
narcotics prior to the effective date of this subdivision, may do so
only after certification by the department in accordance with the quali-
fications established by the commissioner. The practice of podiatry
shall include administering only local anesthetics for therapeutic
purposes as well as for anesthesia and treatment under general anes-
thesia administered by authorized persons. The practice of podiatry by
any licensee shall not include partial or total ankle replacements nor
the treatment of pilon fractures.
§ 2. Subparagraph (ii) of paragraph c of subdivision 1 of section 7009
of the education law, as added by chapter 438 of the laws of 2012, is
amended to read as follows:
(ii) have graduated on or after June first, two thousand six from a
three-year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, be
board qualified but not yet certified in reconstructive rearfoot and
ankle surgery by a national certifying board having certification stand-
ards acceptable to the department, and provide documentation that he or
she has acceptable training and experience in standard or [advance]
ADVANCED midfoot, rearfoot and ankle procedures that has been approved
by the department; or
§ 3. Section 7010 of the education law, as added by chapter 438 of the
laws of 2012, is amended to read as follows:
§ 7010. Ankle surgery limited permits. 1. A limited permit to perform
podiatric standard ankle surgery, as described in subdivision two of
section seven thousand one of this article, may be issued by the depart-
ment to a podiatrist who is licensed pursuant to this article and who
has met the residency and board qualification/certification requirements
set forth in subdivision one of section seven thousand nine of this
S. 2019 3
article in order to authorize such podiatrist to obtain the training and
experience required for the issuance of a podiatric standard ankle
surgery privilege pursuant to subdivision one of section seven thousand
nine of this article. Such permits shall authorize the performance of
podiatric standard ankle surgery only under the [direct personal] super-
vision of a licensed podiatrist holding a podiatric standard ankle
surgery privilege or a podiatric advanced ankle surgery privilege issued
pursuant to section seven thousand nine of this article or of a physi-
cian licensed pursuant to article one hundred thirty-one of this title
and certified in orthopedic surgery by a national certifying board
having certification standards acceptable to the department.
2. A limited permit to perform podiatric advanced ankle surgery, as
described in subdivision two of section seven thousand one of this arti-
cle, may be issued by the department to a podiatrist who is licensed
pursuant to this article and who has met the residency and board certif-
ication requirements set forth in subdivision two of section seven thou-
sand nine of this article in order to authorize such podiatrist to
obtain the training and experience required for the issuance of a podia-
tric advanced ankle surgery privilege pursuant to subdivision two of
section seven thousand nine of this article; PROVIDED, HOWEVER, THAT
BOARD QUALIFICATION SHALL BE DEEMED TO SATISFY THE CERTIFICATION
REQUIREMENTS SET FORTH IN SUCH SECTION FOR PURPOSES OF THIS SUBDIVISION.
Such permits shall authorize the performance of podiatric advanced ankle
surgery only under the [direct personal] supervision of a licensed
podiatrist holding a podiatric advanced ankle surgery privilege issued
pursuant to subdivision two of section seven thousand nine of this arti-
cle or of a physician licensed pursuant to article one hundred thirty-
one of this title and certified in orthopedic surgery by a national
certifying board having certification standards acceptable to the
department.
3. For the purposes of this section, [direct personal] supervision
means supervision of procedures based on instructions given directly by
[the supervising] A LICENSED podiatrist HOLDING A PODIATRIC STANDARD OR
ADVANCED ANKLE SURGERY PRIVILEGE or physician who [remains in the imme-
diate area where the procedures are being performed] IS IMMEDIATELY
AVAILABLE TO FURNISH ASSISTANCE AND DIRECTION THROUGHOUT THE PERFORMANCE
OF THE PROCEDURE, authorizes the procedures and evaluates the procedures
performed by the holder of the limited permit OR WITH THE APPROVAL OF
THE CHAIR OF THE ORTHOPEDIC OR SURGERY DEPARTMENT OF THE HOSPITAL AT
WHICH THE PROCEDURE WILL BE PERFORMED.
4. The holder of a limited permit issued pursuant to this section
shall perform podiatric ankle surgery only in a hospital or health
facility licensed pursuant to article twenty-eight of the public health
law and appropriately authorized to provide such surgery.
5. Limited permits shall be issued for a period of one year, and may
be renewed for additional one year periods when necessary to permit the
completion of the training and experience required to obtain a podiatric
standard ankle surgery privilege or podiatric advanced ankle surgery
privilege, as applicable, provided that no permit may be renewed more
than four times for each such privilege.
6. The fee for a limited permit shall be one hundred five dollars and
the fee for a renewal shall be fifty dollars.
§ 4. This act shall take effect immediately.
