Bill Text: NY A07496 | 2013-2014 | General Assembly | Introduced


Bill Title: Makes technical corrections to the practice of podiatry and chapter 438 of the laws of 2012.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-05-23 - enacting clause stricken [A07496 Detail]

Download: New_York-2013-A07496-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7496
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 22, 2013
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Higher 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:
    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
   23  surgery in accordance with section seven thousand nine of this  article;
   24  PROVIDED,  HOWEVER,  THAT  SUCH  PRIVILEGE SHALL NOT BE REQUIRED FOR THE
   25  DIAGNOSING, TREATING, OPERATING OR PRESCRIBING FOR CUTANEOUS  CONDITIONS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10560-04-3
       A. 7496                             2
    1  OR WOUND CARE TO THE LEVEL OF THE DISTAL TIBIAL TUBEROSITY OF THE ANKLE.
    2  Podiatrists  may treat traumatic open wound fractures only in hospitals,
    3  as defined in article twenty-eight of the public  health  law.  For  the
    4  purposes  of  this  article,  the  term  "ankle" shall be defined as the
    5  distal metaphysis and epiphysis of the tibia and fibula,  the  articular
    6  cartilage  of  the  distal  tibia  and distal fibula, the ligaments that
    7  connect the distal metaphysis and epiphysis of the tibia and fibula  and
    8  talus,  and  the  portions of skin, subcutaneous tissue, facia, muscles,
    9  tendons, ligaments and nerves at or below the level of the  myotendinous
   10  junction of the triceps surae.
   11    2. The practice of podiatry shall not include treating any part of the
   12  human  body  other than the foot, nor treating fractures of the malleoli
   13  or cutting operations upon the malleoli unless the podiatrist obtains an
   14  issuance of a privilege to perform podiatric standard ankle  surgery  or
   15  podiatric  advanced ankle surgery OR UNLESS OTHERWISE PROVIDED IN SUBDI-
   16  VISION ONE OF THIS SECTION. Podiatrists who have obtained an issuance of
   17  a privilege to perform podiatric  standard  ankle  surgery  may  perform
   18  surgery  on  the  ankle which may include soft tissue and osseous proce-
   19  dures except those procedures specifically  authorized  for  podiatrists
   20  who have obtained an issuance of a privilege for advanced ankle surgery.
   21  Podiatrists  who  have  obtained  an  issuance of a privilege to perform
   22  podiatric advanced ankle surgery may perform surgery on the ankle  which
   23  may  include  ankle  fracture fixation, ankle fusion, ankle arthroscopy,
   24  insertion or removal of external fixation pins into or from  the  tibial
   25  diaphysis  at  or  below  the  level of the myotendinous junction of the
   26  triceps surae, and insertion and removal of retrograde  tibiotalocalcan-
   27  neal  intramedullary  rods  and  locking  screws  up to the level of the
   28  myotendinous junction of the triceps surae, but  does  not  include  the
   29  surgical  treatment of complications within the tibial diaphysis related
   30  to the use of such external fixation pins. Podiatrists licensed to prac-
   31  tice, but not authorized to prescribe or administer narcotics  prior  to
   32  the  effective  date  of  this subdivision, may do so only after certif-
   33  ication by the department in accordance with the  qualifications  estab-
   34  lished  by  the  commissioner.  The  practice  of podiatry shall include
   35  administering only local anesthetics for therapeutic purposes as well as
   36  for anesthesia and treatment under general  anesthesia  administered  by
   37  authorized  persons.  The practice of podiatry by any licensee shall not
   38  include partial or total ankle replacements nor the treatment  of  pilon
   39  fractures.
   40    S  2.  Subdivision 1 of section 7009 of the education law, as added by
   41  chapter 438 of the laws of 2012, is amended to read as follows:
   42    1. For issuance of a privilege to  perform  podiatric  standard  ankle
   43  surgery,  as that term is used in subdivision two of section seven thou-
   44  sand one of this article, the  applicant  shall  fulfill  the  following
   45  requirements:
   46    a. Application: file an application with the department;
   47    b. License: be licensed as a podiatrist in the state;
   48    c. Training and certification: either:
   49    (i)  have  graduated  on  or after June first, two thousand six from a
   50  three-year residency program in podiatric medicine and surgery that  was
   51  accredited by an accrediting agency acceptable to the department, and be
   52  certified  in  FOOT  SURGERY  OR  IN  reconstructive  rearfoot and ankle
   53  surgery by a national certifying board  having  certification  standards
   54  acceptable to the department; or
   55    (ii)  have  graduated  on or after June first, two thousand six from a
   56  three-year residency program in podiatric medicine and surgery that  was
       A. 7496                             3
    1  accredited  by  an  accrediting  agency acceptable to the department, be
    2  board qualified but not yet certified in FOOT SURGERY OR IN  reconstruc-
    3  tive  rearfoot  and  ankle surgery by a national certifying board having
    4  certification  standards  acceptable  to  the  department,  and  provide
    5  documentation that he or she has acceptable training and  experience  in
    6  standard or advance midfoot, rearfoot and ankle procedures that has been
    7  approved by the department; or
    8    (iii)  have  graduated before June first, two thousand six from a two-
    9  year residency program  in  podiatric  medicine  and  surgery  that  was
   10  accredited  by  an  accrediting  agency acceptable to the department, be
   11  certified in FOOT SURGERY, FOOT AND ANKLE SURGERY OR  IN  reconstructive
   12  rearfoot and ankle surgery by a national certifying board having certif-
   13  ication  standards  acceptable to the department, and provide documenta-
   14  tion that he or she has acceptable training and experience  in  standard
   15  or  advanced  midfoot,  rearfoot  and  ankle  procedures  that  has been
   16  approved by the department;
   17    d. Fees: pay a fee to the department of two hundred twenty dollars for
   18  the issuance of a privilege to perform podiatric standard ankle surgery.
   19    S 3. Section 7010 of the education law, as added by chapter 438 of the
   20  laws of 2012, is amended to read as follows:
   21    S 7010. Ankle surgery limited permits. 1. A limited permit to  perform
   22  podiatric  standard  ankle  surgery,  as described in subdivision two of
   23  section seven thousand one of this article, may be issued by the depart-
   24  ment to a podiatrist who is licensed pursuant to this  article  and  who
   25  has met the residency and board qualification/certification requirements
   26  set  forth  in  subdivision  one  of section seven thousand nine of this
   27  article in order to authorize such podiatrist to obtain the training and
   28  experience required for the  issuance  of  a  podiatric  standard  ankle
   29  surgery  privilege pursuant to subdivision one of section seven thousand
   30  nine of this article. Such permits shall authorize  the  performance  of
   31  podiatric standard ankle surgery only under the [direct personal] super-
   32  vision  of  a  licensed  podiatrist  holding  a podiatric standard ankle
   33  surgery privilege or a podiatric advanced ankle surgery privilege issued
   34  pursuant to section seven thousand nine of this article or of  a  physi-
   35  cian  licensed  pursuant to article one hundred thirty-one of this title
   36  and certified in orthopedic  surgery  by  a  national  certifying  board
   37  having certification standards acceptable to the department.
   38    2.  A  limited  permit to perform podiatric advanced ankle surgery, as
   39  described in subdivision two of section seven thousand one of this arti-
   40  cle, may be issued by the department to a  podiatrist  who  is  licensed
   41  pursuant to this article and who has met the residency and board certif-
   42  ication requirements set forth in subdivision two of section seven thou-
   43  sand  nine  of  this  article  in  order to authorize such podiatrist to
   44  obtain the training and experience required for the issuance of a podia-
   45  tric advanced ankle surgery privilege pursuant  to  subdivision  two  of
   46  section  seven  thousand  nine  of this article; PROVIDED, HOWEVER, THAT
   47  BOARD  QUALIFICATION  SHALL  BE  DEEMED  TO  SATISFY  THE  CERTIFICATION
   48  REQUIREMENTS SET FORTH IN SUCH SECTION FOR PURPOSES OF THIS SUBDIVISION.
   49  Such permits shall authorize the performance of podiatric advanced ankle
   50  surgery  only  under  the  [direct  personal]  supervision of a licensed
   51  podiatrist holding a podiatric advanced ankle surgery  privilege  issued
   52  pursuant to subdivision two of section seven thousand nine of this arti-
   53  cle  or  of a physician licensed pursuant to article one hundred thirty-
   54  one of this title and certified in  orthopedic  surgery  by  a  national
   55  certifying  board  having  certification  standards  acceptable  to  the
   56  department.
       A. 7496                             4
    1    3. For the purposes of this  section,  [direct  personal]  supervision
    2  means  supervision of procedures based on instructions given directly by
    3  [the supervising] A LICENSED podiatrist HOLDING A PODIATRIC STANDARD  OR
    4  ADVANCED ANKLE SURGERY PRIVILEGE or physician who remains in the immedi-
    5  ate area where the procedures are being performed, authorizes the proce-
    6  dures and evaluates the procedures performed by the holder of the limit-
    7  ed permit OR WITH THE APPROVAL OF THE CHAIR OF THE ORTHOPEDIC OR SURGERY
    8  DEPARTMENT OF THE HOSPITAL AT WHICH THE PROCEDURE WILL BE PERFORMED.
    9    4.  The  holder  of  a  limited permit issued pursuant to this section
   10  shall perform podiatric ankle surgery  only  in  a  hospital  or  health
   11  facility  licensed pursuant to article twenty-eight of the public health
   12  law and appropriately authorized to provide such surgery.
   13    5. Limited permits shall be issued for a period of one year,  and  may
   14  be  renewed for additional one year periods when necessary to permit the
   15  completion of the training and experience required to obtain a podiatric
   16  standard ankle surgery privilege or  podiatric  advanced  ankle  surgery
   17  privilege,  as  applicable,  provided that no permit may be renewed more
   18  than four times for each such privilege.
   19    6. The fee for a limited permit shall be one hundred five dollars  and
   20  the fee for a renewal shall be fifty dollars.
   21    S  4.  This  act  shall  take  effect on the same date and in the same
   22  manner as chapter 438 of the laws of 2012 takes effect.
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