NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4613A
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the education law, in relation to modernizing the scope
of the practice of podiatry
PURPOSE OR GENERAL IDEA OF BILL:
To correct certain errors within chapter 438 of the laws of 2012 relat-
ing to the podiatric scope of practice.
SUMMARY OF SPECIFIC 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
Section 2 Amends section 7010 of the education law relating to the priv-
ilege to perform podiatric advanced ankle surgery, to include certif-
ication in foot surgery and foot and ankle surgery within categories of
certification required for issuance of such privilege. 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.
Section 3 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 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.
LEGISLATIVE HISTORY:
2023-2024: S.2544-B - Amend and Recommit to Higher Education/A.2217-B
Amend and Recommit to Higher Education
2021-2022: S.2019 -Committed to Rules/A.2294- Referred to Higher Educa-
tion
2019-2020: S.5395 -Passed the Senate/A.6185 -Referred to Higher Educa-
tion
2017-2018: S.4734-Referred to Education/A.1880 - Held for consideration
in Higher Education
2015-2016: S.6990 - 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
STATE AND LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
4613--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. PRETLOW, ROZIC, BRONSON, PAULIN, GRIFFIN, KAY,
BERGER, EACHUS, STIRPE, CLARK -- read once and referred to the Commit-
tee on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to modernizing 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 and affecting the foot and ankle and the
8 skin of the leg below the tibial tuberosity, unless otherwise provided
9 by this section, and may include performing physical evaluations in
10 conjunction with the provision of podiatric treatment. [For the
11 purposes of wound care however, the practice of podiatry shall include
12 the treatment of such wounds if they are contiguous with wounds relat-
13 ing, originating or in the course of treatment of a wound on the foot
14 within the podiatric scope of practice.] The practice of podiatry shall
15 not include the following treatments or procedures performed above the
16 level of the malleoli, unless otherwise provided: the treatment of mela-
17 noma; performance of mohs surgery; muscle flaps or microvascular anasta-
18 moses. Wound care shall not[, however,] extend beyond the level ending
19 at the [distal] tibial tuberosity. [The practice of podiatry may also
20 include diagnosing, treating, operating and prescribing for any disease,
21 injury, deformity or other condition of the ankle and soft tissue of the
22 leg below the tibial tuberosity if the podiatrist has obtained an issu-
23 ance of a privilege to perform podiatric standard ankle surgery or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07128-05-5
A. 4613--A 2
1 advanced ankle surgery in accordance with section seven thousand nine of
2 this article.] Podiatrists may treat traumatic open wound fractures only
3 in hospitals, as defined in article twenty-eight of the public health
4 law. For the purposes of this article, the term "ankle" shall be defined
5 as the distal metaphysis and epiphysis of the tibia and fibula, the
6 articular cartilage of the distal tibia and distal fibula, the ligaments
7 that connect the distal metaphysis and epiphysis of the tibia and fibula
8 and talus, and the portions of skin, subcutaneous tissue, facia,
9 muscles, tendons, ligaments and nerves at or below the level of the
10 myotendinous junction of the triceps surae.
11 2. The practice of podiatry shall not include [treating any part of
12 the human body other than the foot, nor treating fractures of the
13 malleoli or] the surgical treatment of fractures of the malleoli which
14 includes cutting operations upon the malleoli unless the podiatrist
15 obtains an issuance of a privilege to perform podiatric standard ankle
16 surgery or podiatric advanced ankle surgery. Podiatrists who have
17 obtained an issuance of a privilege to perform podiatric standard ankle
18 surgery may perform surgery on the ankle which may include soft tissue
19 and osseous procedures except those procedures specifically authorized
20 for podiatrists who have obtained an issuance of a privilege for
21 advanced ankle surgery. Podiatrists who have obtained an issuance of a
22 privilege to perform podiatric advanced ankle surgery may perform
23 surgery on the ankle which may include ankle fracture fixation, ankle
24 fusion, [ankle arthroscopy,] insertion or removal of external fixation
25 pins into or from the tibial diaphysis at or below the level of the
26 myotendinous junction of the triceps surae, and insertion and removal of
27 retrograde tibiotalocalcanneal intramedullary rods and locking screws up
28 to the level of the myotendinous junction of the triceps surae, but does
29 not include the surgical treatment of complications within the tibial
30 diaphysis related to the use of such external fixation pins. Podiatrists
31 licensed to practice, but not authorized to prescribe or administer
32 narcotics prior to the effective date of this subdivision, may do so
33 only after certification by the department in accordance with the quali-
34 fications established by the commissioner. The practice of podiatry
35 shall include administering only local anesthetics for therapeutic
36 purposes as well as for anesthesia and treatment under general anes-
37 thesia administered by authorized persons. The practice of podiatry by
38 any licensee shall not include [partial or total ankle replacements nor]
39 the treatment of pilon fractures.
40 § 2. The opening paragraph of section 7010 of the education law is
41 designated subdivision 1 and subdivisions 2 and 3, as added by chapter
42 438 of the laws of 2012, are amended to read as follows:
43 2. A limited permit to perform podiatric advanced ankle surgery, as
44 described in subdivision two of section seven thousand one of this arti-
45 cle, may be issued by the department to a podiatrist who is licensed
46 pursuant to this article and who has met the residency and board certif-
47 ication requirements set forth in subdivision two of section seven thou-
48 sand nine of this article in order to authorize such podiatrist to
49 obtain the training and experience required for the issuance of a podia-
50 tric advanced ankle surgery privilege pursuant to subdivision two of
51 section seven thousand nine of this article; provided, however, that
52 board qualification shall be deemed to satisfy the certification
53 requirements set forth in such section for purposes of this subdivision.
54 Such permits shall authorize the performance of podiatric advanced ankle
55 surgery only under the [direct personal] supervision of a licensed
56 podiatrist holding a podiatric advanced ankle surgery privilege issued
A. 4613--A 3
1 pursuant to subdivision two of section seven thousand nine of this arti-
2 cle or of a physician licensed pursuant to article one hundred thirty-
3 one of this title and certified in orthopedic surgery by a national
4 certifying board having certification standards acceptable to the
5 department.
6 3. For the purposes of this section, [direct personal] supervision
7 means supervision of procedures based on instructions given [directly]
8 by the supervising podiatrist or physician who [remains in the immediate
9 area where the procedures are being performed,] authorizes the proce-
10 dures and evaluates the procedures performed by the holder of the limit-
11 ed permit.
12 § 3. This act shall take effect immediately.
