STATE OF NEW YORK ________________________________________________________________________ 6693 2025-2026 Regular Sessions IN SENATE March 19, 2025 ___________ 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 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 24 advanced ankle surgery in accordance with section seven thousand nine of 25 this article.] Podiatrists may treat traumatic open wound fractures only EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07128-01-5
S. 6693 2 1 in hospitals, as defined in article twenty-eight of the public health 2 law. For the purposes of this article, the term "ankle" shall be defined 3 as the distal [metaphysis and epiphysis of the] tibia and fibula[, the 4 articular] and related cartilage [of the distal tibia and distal fibula, 5 the ligaments that connect the distal metaphysis and epiphysis of the 6 tibia and fibula and talus,] and ligaments and the portions of skin, 7 subcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or 8 below the level of the myotendinous junction of the triceps surae. 9 2. The practice of podiatry shall not include [treating any part of 10 the human body other than the foot, nor treating fractures of the 11 malleoli or] the surgical treatment of fractures of the malleoli which 12 includes cutting operations upon the malleoli unless the podiatrist 13 obtains an issuance of a privilege to perform podiatric standard ankle 14 surgery or podiatric advanced ankle surgery. Podiatrists who have 15 obtained an issuance of a privilege to perform podiatric standard ankle 16 surgery may perform surgery on the ankle which may include soft tissue 17 and osseous procedures except those procedures specifically authorized 18 for podiatrists who have obtained an issuance of a privilege for 19 advanced ankle surgery. Podiatrists who have obtained an issuance of a 20 privilege to perform podiatric advanced ankle surgery may perform 21 surgery on the ankle which may include ankle fracture fixation, ankle 22 fusion, [ankle arthroscopy,] insertion or removal of external fixation 23 pins into or from the tibial diaphysis at or below the level of the 24 myotendinous junction of the triceps surae, and insertion and removal of 25 retrograde tibiotalocalcanneal intramedullary rods and locking screws up 26 to the level of the myotendinous junction of the triceps surae, but does 27 not include the surgical treatment of complications within the tibial 28 diaphysis related to the use of such external fixation pins. Podiatrists 29 licensed to practice, but not authorized to prescribe or administer 30 narcotics prior to the effective date of this subdivision, may do so 31 only after certification by the department in accordance with the quali- 32 fications established by the commissioner. The practice of podiatry 33 shall include administering only local anesthetics for therapeutic 34 purposes as well as for anesthesia and treatment under general anes- 35 thesia administered by authorized persons. [The practice of podiatry by 36 any licensee shall not include partial or total ankle replacements nor 37 the treatment of pilon fractures.] 38 § 2. The opening paragraph of section 7010 of the education law is 39 designated subdivision 1 and subdivisions 2 and 3, as added by chapter 40 438 of the laws of 2012, are amended to read as follows: 41 2. A limited permit to perform podiatric advanced ankle surgery, as 42 described in subdivision two of section seven thousand one of this arti- 43 cle, may be issued by the department to a podiatrist who is licensed 44 pursuant to this article and who has met the residency and board certif- 45 ication requirements set forth in subdivision two of section seven thou- 46 sand nine of this article in order to authorize such podiatrist to 47 obtain the training and experience required for the issuance of a podia- 48 tric advanced ankle surgery privilege pursuant to subdivision two of 49 section seven thousand nine of this article; provided, however, that 50 board qualification shall be deemed to satisfy the certification 51 requirements set forth in such section for purposes of this subdivision. 52 Such permits shall authorize the performance of podiatric advanced ankle 53 surgery only under the [direct personal] supervision of a licensed 54 podiatrist holding a podiatric advanced ankle surgery privilege issued 55 pursuant to subdivision two of section seven thousand nine of this arti- 56 cle or of a physician licensed pursuant to article one hundred thirty-
S. 6693 3 1 one of this title and certified in orthopedic surgery by a national 2 certifying board having certification standards acceptable to the 3 department. 4 3. For the purposes of this section, [direct personal] supervision 5 means supervision of procedures based on instructions given [directly] 6 by the supervising podiatrist or physician who [remains in the immediate 7 area where the procedures are being performed,] authorizes the proce- 8 dures and evaluates the procedures performed by the holder of the limit- 9 ed permit. 10 § 3. This act shall take effect immediately.