Bill Text: NY A02217 | 2023-2024 | General Assembly | Amended
Bill Title: Modernizes the practice of podiatry specifically relating to ankle surgery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-07 - print number 2217b [A02217 Detail]
Download: New_York-2023-A02217-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2217--B 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to modernizing 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 and affecting the foot and ankle and the 8 soft tissue of the leg below the tibial tuberosity, unless otherwise 9 provided by this section, and may include performing physical evalu- 10 ations 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 may20also include diagnosing, treating, operating and prescribing for any21disease, injury, deformity or other condition of the ankle and softEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07111-09-4A. 2217--B 2 1tissue of the leg below the tibial tuberosity if the podiatrist has2obtained an issuance of a privilege to perform podiatric standard ankle3surgery or advanced ankle surgery in accordance with section seven thou-4sand nine of this article.] Podiatrists may treat traumatic open wound 5 fractures only in hospitals, as defined in article twenty-eight of the 6 public health law. For the purposes of this article, the term "ankle" 7 shall be defined as the distal [metaphysis and epiphysis of the] tibia 8 and fibula[, the articular] and related cartilage [of the distal tibia9and distal fibula, the ligaments that connect the distal metaphysis and10epiphysis of the tibia and fibula and talus,] and ligaments and the 11 portions of skin, subcutaneous tissue, facia, muscles, tendons, liga- 12 ments and nerves at or below the level of the myotendinous junction of 13 the triceps surae. 14 2. The practice of podiatry shall not include [treating any part of15the human body other than the foot, nor treating fractures of the16malleoli or] the surgical treatment of fractures of the malleoli which 17 includes cutting operations upon the malleoli unless the podiatrist 18 obtains an issuance of a privilege to perform podiatric standard ankle 19 surgery or podiatric advanced ankle surgery. Podiatrists who have 20 obtained an issuance of a privilege to perform podiatric standard ankle 21 surgery may perform surgery on the ankle which may include soft tissue 22 and osseous procedures except those procedures specifically authorized 23 for podiatrists who have obtained an issuance of a privilege for 24 advanced ankle surgery. Podiatrists who have obtained an issuance of a 25 privilege to perform podiatric advanced ankle surgery may perform 26 surgery on the ankle which may include ankle fracture fixation, ankle 27 fusion, [ankle arthroscopy,] insertion or removal of external fixation 28 pins into or from the tibial diaphysis at or below the level of the 29 myotendinous junction of the triceps surae, and insertion and removal of 30 retrograde tibiotalocalcanneal intramedullary rods and locking screws up 31 to the level of the myotendinous junction of the triceps surae, but does 32 not include the surgical treatment of complications within the tibial 33 diaphysis related to the use of such external fixation pins. Podiatrists 34 licensed to practice, but not authorized to prescribe or administer 35 narcotics prior to the effective date of this subdivision, may do so 36 only after certification by the department in accordance with the quali- 37 fications established by the commissioner. The practice of podiatry 38 shall include administering only local anesthetics for therapeutic 39 purposes as well as for anesthesia and treatment under general anes- 40 thesia administered by authorized persons. [The practice of podiatry by41any licensee shall not include partial or total ankle replacements nor42the treatment of pilon fractures.] 43 § 2. The opening paragraph of section 7010 of the education law is 44 designated subdivision 1 and subdivisions 2 and 3, as added by chapter 45 438 of the laws of 2012, are amended to read as follows: 46 2. A limited permit to perform podiatric advanced ankle surgery, as 47 described in subdivision two of section seven thousand one of this arti- 48 cle, may be issued by the department to a podiatrist who is licensed 49 pursuant to this article and who has met the residency and board certif- 50 ication requirements set forth in subdivision two of section seven thou- 51 sand nine of this article in order to authorize such podiatrist to 52 obtain the training and experience required for the issuance of a podia- 53 tric advanced ankle surgery privilege pursuant to subdivision two of 54 section seven thousand nine of this article; provided, however, that 55 board qualification shall be deemed to satisfy the certification 56 requirements set forth in such section for purposes of this subdivision.A. 2217--B 3 1 Such permits shall authorize the performance of podiatric advanced ankle 2 surgery only under the [direct personal] supervision of a licensed 3 podiatrist holding a podiatric advanced ankle surgery privilege issued 4 pursuant to subdivision two of section seven thousand nine of this arti- 5 cle or of a physician licensed pursuant to article one hundred thirty- 6 one of this title and certified in orthopedic surgery by a national 7 certifying board having certification standards acceptable to the 8 department. 9 3. For the purposes of this section, [direct personal] supervision 10 means supervision of procedures based on instructions given [directly] 11 by the supervising podiatrist or physician who [remains in the immediate12area where the procedures are being performed,] authorizes the proce- 13 dures and evaluates the procedures performed by the holder of the limit- 14 ed permit. 15 § 3. This act shall take effect immediately.
