What's happening
This bill updates and clarifies the scope of podiatry practice in New York, particularly regarding ankle treatments and surgery.
Why it matters
Expands and clarifies the scope of podiatry to explicitly include non-surgical treatment of the ankle and certain ankle wounds. , increasing podiatrists' ability to manage a wider range of lower leg conditions without needing surgical privileges.
Defines what podiatrists are prohibited from treating above the ankle (malleoli). specifically excluding treatments for melanoma, mohs surgery, muscle flaps, and microvascular anastomoses—helping to set clearer boundaries between podiatry and other medical specialties, which may affect referrals and collaborative care.
Specifies and differentiates between "standard" and "advanced" ankle surgical privileges for podiatrists. , spelling out which procedures require which level of training and board qualifications, and what surgical interventions are off-limits (e.g., total ankle replacements, pilon fractures), which could influence patient access to specialized foot and ankle care.
Adjusts training, supervision, and permitting requirements for podiatrists seeking to perform ankle surgeries. , making the pathways to advanced practice more transparent, possibly enhancing patient safety and the professional development of podiatrists while also increasing their potential role in the healthcare system.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Podiatrists
The bill would expressly include nonsurgical ankle treatment and ankle wounds in their scope of practice, remove the requirement that wound care be contiguous with a foot wound, and restrict specified procedures above the ankle bones.
Podiatrists seeking advanced ankle surgery privileges
The bill would let board qualification satisfy the board certification requirement for an advanced ankle surgery limited permit.
Supervising podiatrists and orthopedic surgeons
The bill would replace the requirement to remain in the immediate procedure area with a requirement to be immediately available to provide assistance and direction.
Patients with ankle conditions or wounds
The bill would allow podiatrists to provide nonsurgical ankle care without an ankle surgery privilege while retaining privilege requirements for surgical treatment.
Headline styles
Update Podiatry Practice Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 53–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.831
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clarify Podiatry Practice Rules
In Assembly Committee · Higher Education · Sponsor J. Gary Pretlow
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5395
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
Introduced by Sen. JACKSON -- 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 Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 7001 of the education law, subdivision 1 as amended by chapter 23 of the laws of 2013 and subdivision 2 as amended by chapter 438 of the laws of 2012, are amended to read as follows:
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, the non-surgical treatment of the ankle and the anatomical structures of the ankle, cutaneous conditions and wounds of the ankle, 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 wounds relating, originating or in the course of treatment of a wound on the foot within the podiatric scope of practice.] The practice of podiatry shall not include the following treatments or procedures performed above the level of the malleoli, unless otherwise provided: the treatment of melanoma; performance of mohs surgery; muscle flaps or microvascular anastamoses. Wound care shall not, however, extend beyond 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 surgical treatment 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. Podiatrists may treat trau-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04854-01-9
S. 5395 2
matic 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 and ankle as herein provided, 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 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 procedures 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, insertion or removal of external fixation pins into or from the tibial diaphysis at or below the level of the myotendinous junction of the triceps surae, and insertion and removal of retrograde 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. Podiatrists licensed to practice, but not authorized to prescribe or administer narcotics prior to the effective date of this subdivision, may do so only after certification by the department in accordance with the qualifications 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 anesthesia 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.
§ 2. Subparagraph (ii) of paragraph c of 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:
(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 reconstructive 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] advanced midfoot, rearfoot and ankle procedures that has been approved by the department; or
§ 3. Section 7010 of the education law, as added by chapter 438 of the laws of 2012, is amended to read as follows:
§ 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 department 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
S. 5395 3
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] supervision 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 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.
2. A limited permit to perform podiatric advanced ankle surgery, as described in subdivision two of section seven thousand one of this article, may be issued by the department to a podiatrist who is licensed pursuant to this article and who has met the residency and board certification requirements set forth in subdivision two 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 advanced ankle surgery privilege pursuant to subdivision two of section seven thousand nine of this article; provided, however, that board qualification shall be deemed to satisfy the certification requirements set forth in such section for purposes of this subdivision. Such permits shall authorize the performance of podiatric advanced ankle surgery only under the [direct personal] supervision of a licensed podiatrist holding a podiatric 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 thirtyone 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 immediate area where the procedures are being performed] is immediately available to furnish assistance and direction throughout the performance of the procedure, authorizes the procedures and evaluates the procedures performed by the holder of the limited permit or with the approval of the chair of the orthopedic or surgery department of the hospital at which the procedure will be 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to making technical changes to the scope of the practice of podiatry
Purpose
To correct certain errors within chapter 438 of the laws of 2012 relat- ing to the podiatric scope of practice.
Summary of provisions
Section 1 amends Section 7001 of the Education Law to acknowledge exist- ing authority of licensed podiatrists to diagnose and treat conditions affecting the skin of the foot and to extend that authority to condi- tions affecting the skin of the ankle, as well, consistent with recently enacted authority to diagnose and treat conditions of the ankle.
Section 2 amends Section 7009 of the Education Law relating to the priv- ilege to perform podiatric standard ankle surgery, to include certif- ication in foot surgery and foot and ankle surgery within categories of certification required for issuance of such privilege.
Section 3 amends Section 7010 of the Education Law relating to the issu- ance 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.
Section 4 is the 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 ailment s of the ankle. Certain provisions of the chapter; however, required technical amend- ments and further refinement. The legislative proposals reflect these refinements and technical corrections.
Legislative history
2017-2018: 5.4734 - Referred to Education/A.1880 - Held for consider- ation in Higher Education 2015-2016: S6990 - Referred to Higher Education/A.719-B - Amend and recommit to Higher Education; S4600-A - Amend and recommit to Higher Education
2013-2014: S4835-B - Committee discharged and committed to Rules/A.7108-A - Referred to Higher Education
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.