N.Y. Education Law § 7001: Definition of practice of podiatry

§ 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 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 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. 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.

* NB Effective until June 12, 2027

* 1. The practice of the profession of podiatry is defined as

diagnosing, treating, operating and prescribing for any disease, injury,

deformity, other condition of, or local manifestations of systemic

diseases as they appear on the foot and the diagnosing, treating, and

prescribing for any disease, injury, deformity, other condition of, or

local manifestations of systemic diseases as they appear on the ankle,

unless otherwise provided by this section, 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 or ankle within the podiatric scope of

practice. Wound care shall not extend beyond the level ending at the

distal tibial tuberosity. The practice of podiatry may also include

operating 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. 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.

* NB Effective June 12, 2027

* 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. 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.

* NB Effective until June 12, 2027

* 2. The practice of podiatry shall not include treating any part of

the human body other than the foot or ankle, provided, however, that

unless the podiatrist obtains an issuance of a privilege to perform

podiatric standard ankle surgery or podiatric advanced ankle surgery,

such practice shall not include the surgical treatment of fractures of

the malleoli which includes cutting operations upon the malleoli.

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 the treatment

of pilon fractures.

* NB Effective June 12, 2027

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 a 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 accordance 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

available is appropriate and feasible, the department, after

consultation with the department of health, shall outline in such study

an appropriate 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.