This bill has been amended

Bill S4835-2013

Makes technical corrections to the practice of podiatry; repealer

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

Details

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  • Apr 25, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S4835

TITLE OF BILL: An act to amend the education law, in relation to making technical changes to the scope of the practice of podiatry; and to repeal certain provisions of the public health law and the civil practice law and rules relating thereto

PURPOSE OR GENERAL IDEA OF BILL: To correct certain errors within chapter 438 of the laws of 2012 relating to the podiatric scope of practice

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends section 7001 of the education law to acknowledge existing authority of licensed podiatrists to diagnose and treat conditions affecting the skin of the foot and to extend that authority to conditions affecting the skin of the ankle, as well, consistent with recently enacted authority to diagnose and treat conditions of the ankle.

§ 2. Amends section 7009 of the education law relating to the privilege to perform podiatric standard ankle surgery, to include certification in foot surgery and foot and ankle surgery within categories of certification required for issuance of such privilege.

§ 3 Amends section 7010 of the education law relating to the issuance of ankle surgery permits to clarify that the supervision required with respect to such permits may be provided by a duly qualified licensed podiatrist or physician in the immediate area of the procedure or otherwise with the approval of the hospital's orthopedic or surgery department chair

§ 6. Effective date

JUSTIFICATION: Chapter 438 of the laws of 2012 reflected several years of negotiations and discussions among interested parties to allow the podiatric scope of practice to be aligned with current educational and clinical standards which included diagnosis and treatment of ailments of the ankle. Certain provisions of the chapter, however, required technical amendments and further refinement. The legislative proposals reflect these refinements and technical corrections.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: The act shall take effect on the same date and in the same manner as chapter 438 of the laws of 2012 takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 4835 2013-2014 Regular Sessions IN SENATE April 25, 2013 ___________
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; and to repeal certain provisions of the public health law and the civil practice law and rules relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7001 of the education law, as amended by chapter 438 of the laws of 2012, is amended to read as follows: S 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] RELATED TO A CONDITION OF THE FOOT OR ARE 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 [to] 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; PROVIDED, HOWEVER, THAT SUCH PRIVILEGE SHALL NOT BE REQUIRED FOR THE DIAGNOSING, TREATING, OPERATING OR PRESCRIBING FOR CUTANEOUS CONDITIONS OF THE ANKLE. 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 OR UNLESS OTHERWISE PROVIDED IN SUBDI- VISION ONE OF THIS SECTION. 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 proce- dures 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 OF THE TIBIA AND FIBULA, insertion or removal of external fixation pins into or from the tibial diaphysis at or below the level of the myotendi- nous junction of the triceps surae, and insertion and removal of retro- grade 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. [Podia- trists licensed to practice, but not authorized to prescribe or adminis- ter narcotics prior to the effective date of this subdivision, may do so only after certification by the department in accordance with the quali- fications 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 anes- thesia 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 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 ACCORD- ANCE 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 AVAIL- ABLE IS APPROPRIATE AND FEASIBLE, THE DEPARTMENT, AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL OUTLINE IN SUCH STUDY AND APPROPRI- ATE 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. S 2. Subdivision 1 of section 7009 of the education law, as added by chapter 438 of the laws of 2012, is amended to read as follows: 1. For issuance of a privilege to perform podiatric standard ankle surgery, as that term is used in subdivision two of section seven thou- sand one of this article, the applicant shall fulfill the following requirements: a. Application: file an application with the department; b. License: be licensed as a podiatrist in the state; c. Training and certification: either: (i) have graduated on or after June first, two thousand six from a three-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, and be certified in FOOT SURGERY OR IN reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department; or (ii) have graduated on or after June first, two thousand six from a three-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be board qualified but not yet certified in FOOT SURGERY OR IN reconstruc- tive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department, and provide documentation that he or she has acceptable training and experience in standard or advance midfoot, rearfoot and ankle procedures that has been approved by the department; or (iii) have graduated before June first, two thousand six from a two- year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be certified in FOOT SURGERY, FOOT AND ANKLE SURGERY OR IN reconstructive rearfoot and ankle surgery by a national certifying board having certif- ication standards acceptable to the department, and provide documenta- tion that he or she has acceptable training and experience in standard or advanced midfoot, rearfoot and ankle procedures that has been approved by the department; d. Fees: pay a fee to the department of two hundred twenty dollars for the issuance of a privilege to perform podiatric standard ankle surgery. S 3. Section 7010 of the education law, as added by chapter 438 of the laws of 2012, is amended to read as follows: S 7010. Ankle surgery limited permits. 1. A limited permit to perform podiatric standard ankle surgery, as described in subdivision two of section seven thousand one of this article, may be issued by the depart- ment to a podiatrist who is licensed pursuant to this article and who has met the residency and board qualification/certification requirements set forth in subdivision one of section seven thousand nine of this article in order to authorize such podiatrist to obtain the training and experience required for the issuance of a podiatric standard ankle surgery privilege pursuant to subdivision one of section seven thousand nine of this article. Such permits shall authorize the performance of podiatric standard ankle surgery only under the [direct personal] super-
vision of a licensed podiatrist holding a podiatric standard ankle surgery privilege or a podiatric advanced ankle surgery privilege issued pursuant to section seven thousand nine of this article or of a physi- cian licensed pursuant to article one hundred thirty-one of this title and certified in orthopedic surgery by a national certifying board having certification standards acceptable to the department. 2. A limited permit to perform podiatric advanced ankle surgery, as described in subdivision two of section seven thousand one of this arti- cle, may be issued by the department to a podiatrist who is licensed pursuant to this article and who has met the residency and board certif- ication requirements set forth in subdivision two of section seven thou- sand nine of this article in order to authorize such podiatrist to obtain the training and experience required for the issuance of a podia- tric advanced ankle surgery privilege pursuant to subdivision two of section seven thousand nine of this article. Such permits shall author- ize the performance of podiatric advanced ankle surgery only under the [direct personal] supervision of a licensed podiatrist holding a podia- tric advanced ankle surgery privilege issued pursuant to subdivision two of section seven thousand nine of this article or of a physician licensed pursuant to article one hundred thirty-one of this title and certified in orthopedic surgery by a national certifying board having certification standards acceptable to the department. 3. For the purposes of this section, [direct personal] supervision means supervision of procedures based on instructions given directly by [the supervising] A LICENSED podiatrist HOLDING A PODIATRIC STANDARD OR ADVANCED ANKLE SURGERY PRIVILEGE or physician who remains in the immedi- ate area where the procedures are being performed, authorizes the proce- dures and evaluates the procedures performed by the holder of the limit- ed permit OR WITH THE APPROVAL OF THE CHAIR OF THE ORTHOPEDIC OR SURGERY DEPARTMENT OF THE HOSPITAL AT WHICH THE PROCEDURE WILL PERFORMED. 4. The holder of a limited permit issued pursuant to this section shall perform podiatric ankle surgery only in a hospital or health facility licensed pursuant to article twenty-eight of the public health law and appropriately authorized to provide such surgery. 5. Limited permits shall be issued for a period of one year, and may be renewed for additional one year periods when necessary to permit the completion of the training and experience required to obtain a podiatric standard ankle surgery privilege or podiatric advanced ankle surgery privilege, as applicable, provided that no permit may be renewed more than four times for each such privilege. 6. The fee for a limited permit shall be one hundred five dollars and the fee for a renewal shall be fifty dollars. S 4. Subdivision 4-a of section 2995-d of the public health law is REPEALED. S 5. Subparagraph (iv) of paragraph 1 of subdivision (d) of section 3101 of the civil practice law and rules is REPEALED. S 6. This act shall take effect on the same date and in the same manner as chapter 438 of the laws of 2012 takes effect.

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