US Lawyer Database

§  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.
  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.
  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.