Bill Text: NY S04835 | 2013-2014 | General Assembly | Amended
Bill Title: Makes technical corrections to the practice of podiatry and chapter 438 of the laws of 2012.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-19 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S04835 Detail]
Download: New_York-2013-S04835-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4835--B 2013-2014 Regular Sessions I N S E N A T E April 25, 2013 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 DIAGNOSING, TREATING, 8 OPERATING OR PRESCRIBING FOR CUTANEOUS CONDITIONS OF THE ANKLE TO THE 9 LEVEL OF THE DISTAL TIBIAL TUBEROSITY, and may include performing phys- 10 ical evaluations in conjunction with the provision of podiatric treat- 11 ment. For the purposes of wound care however, the practice of podiatry 12 shall include the treatment of such wounds if they are [contiguous with] 13 RELATED TO A CONDITION OF THE FOOT OR ANKLE TO THE LEVEL OF THE DISTAL 14 TIBIAL TUBEROSITY OR ARE wounds relating, originating or in the course 15 of treatment of [a wound on] the foot OR ANKLE TO THE LEVEL OF THE 16 DISTAL TIBIAL TUBEROSITY within the podiatric scope of practice. Wound 17 care shall not, however, extend beyond the level ending at the distal 18 tibial tuberosity. The practice of podiatry may also include diagnosing, 19 treating, operating and prescribing for any disease, injury, deformity 20 or other condition of the ankle and soft tissue of the leg below the 21 tibial tuberosity if the podiatrist has obtained an issuance of a privi- 22 lege to perform podiatric standard ankle surgery or advanced ankle EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10560-03-3 S. 4835--B 2 1 surgery in accordance with section seven thousand nine of this article; 2 PROVIDED, HOWEVER, THAT SUCH PRIVILEGE SHALL NOT BE REQUIRED FOR THE 3 DIAGNOSING, TREATING, OPERATING OR PRESCRIBING FOR CUTANEOUS CONDITIONS 4 OR WOUND CARE TO THE LEVEL OF THE DISTAL TIBIAL TUBEROSITY OF THE ANKLE. 5 Podiatrists may treat traumatic open wound fractures only in hospitals, 6 as defined in article twenty-eight of the public health law. For the 7 purposes of this article, the term "ankle" shall be defined as the 8 distal metaphysis and epiphysis of the tibia and fibula, the articular 9 cartilage of the distal tibia and distal fibula, the ligaments that 10 connect the distal metaphysis and epiphysis of the tibia and fibula and 11 talus, and the portions of skin, subcutaneous tissue, facia, muscles, 12 tendons, ligaments and nerves at or below the level of the myotendinous 13 junction of the triceps surae. 14 2. The practice of podiatry shall not include treating any part of the 15 human body other than the foot, nor treating fractures of the malleoli 16 or cutting operations upon the malleoli unless the podiatrist obtains an 17 issuance of a privilege to perform podiatric standard ankle surgery or 18 podiatric advanced ankle surgery OR UNLESS OTHERWISE PROVIDED IN SUBDI- 19 VISION ONE OF THIS SECTION. Podiatrists who have obtained an issuance of 20 a privilege to perform podiatric standard ankle surgery may perform 21 surgery on the ankle which may include soft tissue and osseous proce- 22 dures except those procedures specifically authorized for podiatrists 23 who have obtained an issuance of a privilege for advanced ankle surgery. 24 Podiatrists who have obtained an issuance of a privilege to perform 25 podiatric advanced ankle surgery may perform surgery on the ankle which 26 may include ankle fracture fixation, ankle fusion, ankle arthroscopy, 27 insertion or removal of external fixation pins into or from the tibial 28 diaphysis at or below the level of the myotendinous junction of the 29 triceps surae, and insertion and removal of retrograde tibiotalocalcan- 30 neal intramedullary rods and locking screws up to the level of the 31 myotendinous junction of the triceps surae, but does not include the 32 surgical treatment of complications within the tibial diaphysis related 33 to the use of such external fixation pins. Podiatrists licensed to prac- 34 tice, but not authorized to prescribe or administer narcotics prior to 35 the effective date of this subdivision, may do so only after certif- 36 ication by the department in accordance with the qualifications estab- 37 lished by the commissioner. The practice of podiatry shall include 38 administering only local anesthetics for therapeutic purposes as well as 39 for anesthesia and treatment under general anesthesia administered by 40 authorized persons. The practice of podiatry by any licensee shall not 41 include partial or total ankle replacements nor the treatment of pilon 42 fractures. 43 S 2. Subdivision 1 of section 7009 of the education law, as added by 44 chapter 438 of the laws of 2012, is amended to read as follows: 45 1. For issuance of a privilege to perform podiatric standard ankle 46 surgery, as that term is used in subdivision two of section seven thou- 47 sand one of this article, the applicant shall fulfill the following 48 requirements: 49 a. Application: file an application with the department; 50 b. License: be licensed as a podiatrist in the state; 51 c. Training and certification: either: 52 (i) have graduated on or after June first, two thousand six from a 53 three-year residency program in podiatric medicine and surgery that was 54 accredited by an accrediting agency acceptable to the department, and be 55 certified in FOOT SURGERY OR IN reconstructive rearfoot and ankle S. 4835--B 3 1 surgery by a national certifying board having certification standards 2 acceptable to the department; or 3 (ii) have graduated on or after June first, two thousand six from a 4 three-year residency program in podiatric medicine and surgery that was 5 accredited by an accrediting agency acceptable to the department, be 6 board qualified but not yet certified in FOOT SURGERY OR IN reconstruc- 7 tive rearfoot and ankle surgery by a national certifying board having 8 certification standards acceptable to the department, and provide 9 documentation that he or she has acceptable training and experience in 10 standard or advance midfoot, rearfoot and ankle procedures that has been 11 approved by the department; or 12 (iii) have graduated before June first, two thousand six from a two- 13 year residency program in podiatric medicine and surgery that was 14 accredited by an accrediting agency acceptable to the department, be 15 certified in FOOT SURGERY, FOOT AND ANKLE SURGERY OR IN reconstructive 16 rearfoot and ankle surgery by a national certifying board having certif- 17 ication standards acceptable to the department, and provide documenta- 18 tion that he or she has acceptable training and experience in standard 19 or advanced midfoot, rearfoot and ankle procedures that has been 20 approved by the department; 21 d. Fees: pay a fee to the department of two hundred twenty dollars for 22 the issuance of a privilege to perform podiatric standard ankle surgery. 23 S 3. Section 7010 of the education law, as added by chapter 438 of the 24 laws of 2012, is amended to read as follows: 25 S 7010. Ankle surgery limited permits. 1. A limited permit to perform 26 podiatric standard ankle surgery, as described in subdivision two of 27 section seven thousand one of this article, may be issued by the depart- 28 ment to a podiatrist who is licensed pursuant to this article and who 29 has met the residency and board qualification/certification requirements 30 set forth in subdivision one of section seven thousand nine of this 31 article in order to authorize such podiatrist to obtain the training and 32 experience required for the issuance of a podiatric standard ankle 33 surgery privilege pursuant to subdivision one of section seven thousand 34 nine of this article. Such permits shall authorize the performance of 35 podiatric standard ankle surgery only under the [direct personal] super- 36 vision of a licensed podiatrist holding a podiatric standard ankle 37 surgery privilege or a podiatric advanced ankle surgery privilege issued 38 pursuant to section seven thousand nine of this article or of a physi- 39 cian licensed pursuant to article one hundred thirty-one of this title 40 and certified in orthopedic surgery by a national certifying board 41 having certification standards acceptable to the department. 42 2. A limited permit to perform podiatric advanced ankle surgery, as 43 described in subdivision two of section seven thousand one of this arti- 44 cle, may be issued by the department to a podiatrist who is licensed 45 pursuant to this article and who has met the residency and board certif- 46 ication requirements set forth in subdivision two of section seven thou- 47 sand nine of this article in order to authorize such podiatrist to 48 obtain the training and experience required for the issuance of a podia- 49 tric advanced ankle surgery privilege pursuant to subdivision two of 50 section seven thousand nine of this article; PROVIDED, HOWEVER, THAT 51 BOARD QUALIFICATION SHALL BE DEEMED TO SATISFY THE CERTIFICATION 52 REQUIREMENTS SET FORTH IN SUCH SECTION FOR PURPOSES OF THIS SUBDIVISION. 53 Such permits shall authorize the performance of podiatric advanced ankle 54 surgery only under the [direct personal] supervision of a licensed 55 podiatrist holding a podiatric advanced ankle surgery privilege issued 56 pursuant to subdivision two of section seven thousand nine of this arti- S. 4835--B 4 1 cle or of a physician licensed pursuant to article one hundred thirty- 2 one of this title and certified in orthopedic surgery by a national 3 certifying board having certification standards acceptable to the 4 department. 5 3. For the purposes of this section, [direct personal] supervision 6 means supervision of procedures based on instructions given directly by 7 [the supervising] A LICENSED podiatrist HOLDING A PODIATRIC STANDARD OR 8 ADVANCED ANKLE SURGERY PRIVILEGE or physician who remains in the immedi- 9 ate area where the procedures are being performed, authorizes the proce- 10 dures and evaluates the procedures performed by the holder of the limit- 11 ed permit OR WITH THE APPROVAL OF THE CHAIR OF THE ORTHOPEDIC OR SURGERY 12 DEPARTMENT OF THE HOSPITAL AT WHICH THE PROCEDURE WILL BE PERFORMED. 13 4. The holder of a limited permit issued pursuant to this section 14 shall perform podiatric ankle surgery only in a hospital or health 15 facility licensed pursuant to article twenty-eight of the public health 16 law and appropriately authorized to provide such surgery. 17 5. Limited permits shall be issued for a period of one year, and may 18 be renewed for additional one year periods when necessary to permit the 19 completion of the training and experience required to obtain a podiatric 20 standard ankle surgery privilege or podiatric advanced ankle surgery 21 privilege, as applicable, provided that no permit may be renewed more 22 than four times for each such privilege. 23 6. The fee for a limited permit shall be one hundred five dollars and 24 the fee for a renewal shall be fifty dollars. 25 S 4. This act shall take effect on the same date and in the same 26 manner as chapter 438 of the laws of 2012 takes effect.