Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 7001
Definition of practice of podiatry
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 141
§ 7001. Definition of practice of podiatry. 1. The practice of the
profession of podiatry is defined as diagnosing, 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 contiguous 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 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 privilege 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 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, nor treating 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 fixation 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
qualifications 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
anesthesia 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.

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
department 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
consultation with the department of health, shall outline in such study
an appropriate and cost effective method of presenting relevant and
appropriate podiatric profiling information to the general public. The
department shall submit such study to the governor, the temporary
president 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.