§ 7001 — Definition of practice of podiatry

§ 7001. Definition of practice of podiatry. * 1. The practice of the\nprofession of podiatry is defined as diagnosing, treating, operating and\nprescribing for any disease, injury, deformity or other condition of the\nfoot, and may include performing physical evaluations in conjunction\nwith the provision of podiatric treatment. For the purposes of wound\ncare however, the practice of podiatry shall include the treatment of\nsuch wounds if they are contiguous with wounds relating, originating or\nin the course of treatment of a wound on the foot within the podiatric\nscope of practice. Wound care shall not, however, extend beyond the\nlevel ending at the distal tibial tuberosity. The practice of podiatry\nmay also include diagnosing, treating, operating and prescribing for any\ndisease, injury, deformity or other condition of the ankle and soft\ntissue of the leg below the tibial tuberosity if the podiatrist has\nobtained an issuance of a privilege to perform podiatric standard ankle\nsurgery or advanced ankle surgery in accordance with section seven\nthousand nine of this article. Podiatrists may treat traumatic open\nwound fractures only in hospitals, as defined in article twenty-eight of\nthe public health law. For the purposes of this article, the term\n"ankle" shall be defined as the distal metaphysis and epiphysis of the\ntibia and fibula, the articular cartilage of the distal tibia and distal\nfibula, the ligaments that connect the distal metaphysis and epiphysis\nof the tibia and fibula and talus, and the portions of skin,\nsubcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or\nbelow the level of the myotendinous junction of the triceps surae.\n * NB Effective until June 12, 2027\n * 1. The practice of the profession of podiatry is defined as\ndiagnosing, treating, operating and prescribing for any disease, injury,\ndeformity, other condition of, or local manifestations of systemic\ndiseases as they appear on the foot and the diagnosing, treating, and\nprescribing for any disease, injury, deformity, other condition of, or\nlocal manifestations of systemic diseases as they appear on the ankle,\nunless otherwise provided by this section, and may include performing\nphysical evaluations in conjunction with the provision of podiatric\ntreatment. For the purposes of wound care however, the practice of\npodiatry shall include the treatment of such wounds if they are\ncontiguous with wounds relating, originating or in the course of\ntreatment of a wound on the foot or ankle within the podiatric scope of\npractice. Wound care shall not extend beyond the level ending at the\ndistal tibial tuberosity. The practice of podiatry may also include\noperating for any disease, injury, deformity or other condition of the\nankle and soft tissue of the leg below the tibial tuberosity if the\npodiatrist has obtained an issuance of a privilege to perform podiatric\nstandard ankle surgery or advanced ankle surgery in accordance with\nsection seven thousand nine of this article. Podiatrists may treat\ntraumatic open wound fractures only in hospitals, as defined in article\ntwenty-eight of the public health law. For the purposes of this article,\nthe term "ankle" shall be defined as the distal metaphysis and epiphysis\nof the tibia and fibula, the articular cartilage of the distal tibia and\ndistal fibula, the ligaments that connect the distal metaphysis and\nepiphysis of the tibia and fibula and talus, and the portions of skin,\nsubcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or\nbelow the level of the myotendinous junction of the triceps surae.\n * NB Effective June 12, 2027\n * 2. The practice of podiatry shall not include treating any part of\nthe human body other than the foot, nor treating fractures of the\nmalleoli or cutting operations upon the malleoli unless the podiatrist\nobtains an issuance of a privilege to perform podiatric standard ankle\nsurgery or podiatric advanced ankle surgery. Podiatrists who have\nobtained an issuance of a privilege to perform podiatric standard ankle\nsurgery may perform surgery on the ankle which may include soft tissue\nand osseous procedures except those procedures specifically authorized\nfor podiatrists who have obtained an issuance of a privilege for\nadvanced ankle surgery. Podiatrists who have obtained an issuance of a\nprivilege to perform podiatric advanced ankle surgery may perform\nsurgery on the ankle which may include ankle fracture fixation, ankle\nfusion, ankle arthroscopy, insertion or removal of external fixation\npins into or from the tibial diaphysis at or below the level of the\nmyotendinous junction of the triceps surae, and insertion and removal of\nretrograde tibiotalocalcanneal intramedullary rods and locking screws up\nto the level of the myotendinous junction of the triceps surae, but does\nnot include the surgical treatment of complications within the tibial\ndiaphysis related to the use of such external fixation pins. Podiatrists\nlicensed to practice, but not authorized to prescribe or administer\nnarcotics prior to the effective date of this subdivision, may do so\nonly after certification by the department in accordance with the\nqualifications established by the commissioner. The practice of podiatry\nshall include administering only local anesthetics for therapeutic\npurposes as well as for anesthesia and treatment under general\nanesthesia administered by authorized persons. The practice of podiatry\nby any licensee shall not include partial or total ankle replacements\nnor the treatment of pilon fractures.\n * NB Effective until June 12, 2027\n * 2. The practice of podiatry shall not include treating any part of\nthe human body other than the foot or ankle, provided, however, that\nunless the podiatrist obtains an issuance of a privilege to perform\npodiatric standard ankle surgery or podiatric advanced ankle surgery,\nsuch practice shall not include the surgical treatment of fractures of\nthe malleoli which includes cutting operations upon the malleoli.\nPodiatrists who have obtained an issuance of a privilege to perform\npodiatric standard ankle surgery may perform surgery on the ankle which\nmay include soft tissue and osseous procedures except those procedures\nspecifically authorized for podiatrists who have obtained an issuance of\na privilege for advanced ankle surgery. Podiatrists who have obtained an\nissuance of a privilege to perform podiatric advanced ankle surgery may\nperform surgery on the ankle which may include ankle fracture fixation,\nankle fusion, ankle arthroscopy, insertion or removal of external\nfixation pins into or from the tibial diaphysis at or below the level of\nthe myotendinous junction of the triceps surae, and insertion and\nremoval of retrograde tibiotalocalcanneal intramedullary rods and\nlocking screws up to the level of the myotendinous junction of the\ntriceps surae, but does not include the surgical treatment of\ncomplications within the tibial diaphysis related to the use of such\nexternal fixation pins. Podiatrists licensed to practice, but not\nauthorized to prescribe or administer narcotics prior to the effective\ndate of this subdivision, may do so only after certification by the\ndepartment in accordance with the qualifications established by the\ncommissioner. The practice of podiatry shall include administering only\nlocal anesthetics for therapeutic purposes as well as for anesthesia and\ntreatment under general anesthesia administered by authorized persons.\nThe practice of podiatry by any licensee shall not include the treatment\nof pilon fractures.\n * NB Effective June 12, 2027\n 3. (a) The department shall conduct a study to determine whether to\nmake available to the public profiles on podiatrists who have obtained\nan issuance of a privilege to perform podiatric standard or advanced\nankle surgery pursuant to subdivisions one and two of section seven\nthousand nine of this article. Such study shall include consideration of\nwhether it would be appropriate and feasible for the department to make\npublicly available profiles for such podiatrists in a manner similar to\nphysician profiles made available on the department of health's website\nin accordance with section twenty-nine hundred ninety-five-a of the\npublic health law. The department shall consult with the department of\nhealth as necessary on matters related to the operation of the\ndepartment of health's physician profiles established pursuant to\nsection twenty-nine hundred ninety-five-a of the public health law in\nconducting its study.\n (b) If the department determines that making podiatrist profiles\navailable is appropriate and feasible, the department, after\nconsultation with the department of health, shall outline in such study\nan appropriate and cost effective method of presenting relevant and\nappropriate podiatric profiling information to the general public. The\ndepartment shall submit such study to the governor, the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly on or\nbefore November first, two thousand sixteen.\n (c) If the department makes podiatrist profiles available as set forth\nin paragraph (b) of this subdivision, the department of health shall\ninclude on its website containing the physician profiles established\npursuant to section twenty-nine hundred ninety-five-a of the public\nhealth law a link to the website on which such podiatrist profiles may\nbe accessed and a statement describing the purpose of such link.\n