Bill Text: NY S04600 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Makes technical corrections to the practice of podiatry and chapter 438 of the laws of 2012.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-06-15 - PRINT NUMBER 4600A [S04600 Detail]
Download: New_York-2015-S04600-Introduced.html
Bill Title: Makes technical corrections to the practice of podiatry and chapter 438 of the laws of 2012.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-06-15 - PRINT NUMBER 4600A [S04600 Detail]
Download: New_York-2015-S04600-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4600 2015-2016 Regular Sessions I N S E N A T E March 30, 2015 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee 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. LBD05334-01-5 S. 4600 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 S. 4600 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] ADVANCED midfoot, rearfoot and ankle procedures 7 that has been 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. S. 4600 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 immediately.