Article 141, Podiatry

This article applies to the profession of podiatry. The general provisions for all professions contained in article one hundred thirty of this title apply to this article.

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 tibiotalocalcaneal  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.  
   1. 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 depart- ment of health's physician profiles established pursuant to section twenty-nine hundred ninety-five-a of the public health law in conducting its study.
   2. If the department determines that making podiatrist profiles available is appropriate and feasible, the department, after consulta- tion with the department of health, shall outline in such study an appropriate and cost effective method of presenting relevant and appro- priate podiatric profiling information to the general public. The department shall submit such study to the governor, the temporary presi- dent 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.
   3. 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.

Only a person licensed or exempt under this article shall practice podiatry or use the title "podiatrist" or "chiropodist".

A state board for podiatry shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven podiatrists licensed in this state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner.

To qualify for a license as a podiatrist, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;
2. Education: have received an education, including a doctoral degree in podiatry, in accordance with the commissioner`s regulations;
3. Experience: have experience satisfactory to the board and in accordance with the commissioner`s regulations;
4. Examination: pass an examination satisfactory to the board and in accordance with the commissioner`s regulations;
5. Age: be at least twenty-one years of age;
6. Citizenship: meet no requirements as to United States citizenship;
7. Character: be of good moral character as determined by the department; and
8. Fees: pay a fee of two hundred twenty dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred fifteen dollars for each reexamination, a fee of one hundred thirty-five dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of two hundred ten dollars for each triennial registration period.
9. Continuing education: In accordance with the requirements of section sixty-five hundred two of the education law, at the time of re-registration with the department, each applicant shall present satisfactory evidence to the state board for podiatry that in the years prior to the filing for re-registration he attended the education programs conducted by the podiatry society of the state of New York or the equivalent of such educational programs as approved by the state board for podiatry in accordance with the commissioner`s regulations.

Nothing in this article shall be construed to affect or prevent:

1. A student from engaging in clinical practice under supervision of a licensed podiatrist in a school of podiatry in this state registered by the department.

1. No corporation, except a hospital corporation authorized under article forty-three of the insurance law or a corporation organized and existing under the laws of the state of New York which, on or before the first day of March, nineteen hundred forty-two, was legally incorporated to practice podiatry, shall practice podiatry, and then only through licensed podiatrists and shall conform to board of regents rules. No corporation organized to practice podiatry shall change its name or sell its franchise or transfer its corporate rights directly or indirectly, by transfer of capital stock control or otherwise, to any person or to another corporation without permission from the department and any corporation so changing its name or so transferring its franchise or corporate rights without such permission or found guilty of violating a board of regents rule shall be deemed to have forfeited its right to exist and shall be dissolved by a proceeding brought by the attorney general.
2. Any manufacturer or merchant may sell, advertise, fit, or adjust proprietary foot remedies, arch supports, corrective foot appliances or shoes.
3. Notwithstanding any inconsistent provision of any general, special or local law, any licensed podiatrist who voluntarily and without the expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency, outside of a hospital or any other place having proper and necessary medical equipment, to a person who is unconscious, ill or injured shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid or emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such podiatrist. Nothing in this subdivision shall be deemed or construed to relieve a licensed podiatrist from liability for damages for injuries or death caused by an act or omission on the part of a podiatrist while rendering professional services in the normal and ordinary course of practice.
4. An unlicensed person may provide supportive services to a podiatrist incidental to and concurrent with such podiatrist personally performing a service or procedure. Nothing in this subdivision shall be construed to allow an unlicensed person to provide any service which constitutes the practice of podiatry as defined in this article. An unlicensed person providing supportive services to a podiatrist may operate radiographic equipment under direct supervision for the sole purpose of foot radiography provided that such person completes a course of study acceptable to the department in consultation with the department of health.

1. Limited permits to practice podiatry may be issued by the department to graduates of a program of professional education in podiatry registered by the department or accredited by an accrediting agency acceptable to the department. Such permits shall authorize the practice of podiatry only under the supervision of a licensed podiatrist and only in:
   1. a hospital or health facility licensed pursuant to article twenty-eight of the public health law;
   2. a clerkship for a period of two years or less conducted by a licensed podiatrist designated as a member of the faculty of an approved school of podiatry for purposes of a preceptorship program;
2. Limited permits shall be issued for a period of one year, and may be renewed at the discretion of the department for one additional year.
3. The fee for a limited permit shall be one hundred five dollars and the fee for a renewal shall be fifty dollars.

1. Limited residency permits and limited fellowship permits may be issued by the department to graduates of a program of professional education in podiatry registered by the department or accredited by an accrediting agency acceptable to the department.
2. Such permits shall allow a resident or fellow in podiatric medicine participating in an approved post-graduate residency or fellowship program to perform such duties, tasks and functions that are required for successful completion of such program under the administrative supervision of a licensed podiatrist serving as the residency or fellowship director, as applicable, in a hospital or health care facility licensed pursuant to article twenty-eight of the public health law. At any time during the residency or fellowship, a licensed physician or a licensed podiatrist may provide direct personal supervision of activities which he or she is authorized and competent to provide in the approved facility; provided, however, when the resident's or fellow's training involves practice beyond that authorized in section seven thousand one of this article, a licensed physician shall provide direct personal supervision. For the purposes of this section, direct personal supervision means supervision of procedures based on instructions given directly by a licensed physician or licensed podiatrist, as applicable, who remains in the immediate area where the procedures are being performed, authorizes the procedures and evaluates the procedures performed by the podiatric resident or fellow.
3. Such permit shall be issued for three years and may be renewed at the discretion of the department for additional one-year periods when necessary to permit the completion of an approved post-graduate residency or fellowship in podiatric medicine.
4. The fee for a limited residency permit or a limited fellowship permit shall be one hundred five dollars and the fee for a renewal shall be fifty dollars.

1. For issuance of a privilege to perform podiatric standard ankle surgery, as that term is used in subdivision two of section seven thousand one of this article, the applicant shall fulfill the following requirements:

   a. Application: file an application with the department;

b. License: be licensed as a podiatrist in the state;

        c. Training and certification: either:

(i) have graduated on or after June first, two thousand six from a three-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, and be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department; or

         (ii) have graduated on or after June first, two thousand six from a three-

year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be board qualified but not yet certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department, and provide documentation that he or she has acceptable training and experience in standard or advance midfoot; rearfoot and ankle procedures that has been approved by the department; or

        (iii) have graduated before June first, two thousand six from a two-year  

residence program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department, and provide documentation that he or she has acceptable training and experience in standard or advanced midfoot, rearfoot and ankle procedures that has been approved by the department;

        d. Fees: pay a fee to the department of two hundred twenty dollars for the

issuance of a privilege to perform podiatric standard ankle surgery.

2. For issuance of a privilege to perform podiatric advanced ankle surgery, as that term is used in subdivision two of section seven thousand one of this article, the applicant shall fulfill the following requirements:

   a. Application: file an application with the department;

        b. License: be licensed as a podiatrist in the state;

        c. Experience and certification: either:

(i) have graduated on or after June first, two thousand six from a three- year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, and provide documentation that he or she has acceptable training and experience in advanced midfoot, rearfoot and ankle procedures that has been approved by the department; or

(ii) have graduated before June first, two thousand six from a two-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be certified in reconstructive rearfoot and ankle surgery, by a national certifying board having certification standards acceptable to the department, and provide documentation that he or she has acceptable training and experience in advanced midfoot, rearfoot and ankle procedures that has been approved by the department.

d. Fees: pay a free to the department of two hundred twenty dollars for the issuance of a privilege to perform podiatric advanced ankle surgery.

3. Duration and registration of privileges.  A privilege issued under this section shall be valid for the life of the holder, unless revoked, annulled, or suspended by the board of regents.  Such a privilege shall be subject to the same oversight and disciplinary provisions as licenses issued under this title.  The holder of a privilege issued under this section shall register with the department as a privilege holder in the same manner and subject to the same provisions as required of a licensee pursuant to section six thousand five hundred two of this title, provided that, at the time of each registration, the privilege holder shall certify that he or she continues to meet the requirements for the privilege set forth in this section.  The fee for such registration shall be two hundred ten dollars.  The registration period for a privilege holder shall be coterminous with his or her registration as a podiatrist.

A limited permit to perform podiatric standard ankle surgery, as described in subdivision two of section seven thousand one of this article, may be issued by the department to a podiatrist who is licensed pursuant to this article and who has met the residency and board qualification/certification requirements set forth in subdivision one of section seven thousand nine of this article in order to authorize such podiatrist to obtain the training and experience required for the issuance of a podiatric standard ankle surgery privilege pursuant to subdivision one of section seven thousand nine of this article.  Such permits shall authorize the performance of podiatric advanced ankle surgery only under the direct personal supervision of a licensed podiatrist holding a podiatric standard ankle surgery privilege or a podiatric advanced ankle surgery privilege issued pursuant to section seven thousand nine of this article or of a physician licensed pursuant to article one hundred thirty-one of this title and certified in orthopedic surgery by a national certifying board having certification standards acceptable to the department.

2. A limited permit to perform podiatric advanced ankle surgery, as described in subdivision two of section seven thousand one of this article, may be issued by the department to a podiatrist who is licensed pursuant to this article and who has met the residency and board certification requirements set forth in subdivision two of section seven thousand nine of this article in order to authorize such podiatrist to obtain the training and experience required for the issuance of a podiatric advanced ankle surgery privilege pursuant to subdivision two of section seven thousand nine of this article.  Such permits authorize the performance of podiatric advanced ankle surgery only under the direct personal supervision of a licensed podiatrist holding a podiatric advanced ankle surgery privilege issued pursuant to subdivision two of section seven thousand nine of this article or of a physician licensed pursuant to article one hundred thirty-one of this title and certified in orthopedic surgery by a national certifying board having certification standards acceptable to the department.
3. For the purposes of this section, direct personal supervision means supervision of procedures based on instructions given directly by the supervising podiatrist or physician who remains in the immediate area where the procedures are being performed, authorizes the procedures and evaluates the procedures performed by the hold of the limited permit.
4. The holder of a limited permit issued pursuant to this section shall perform podiatric ankle surgery only in a hospital or health facility licensed pursuant to article twenty-eight of the public health law and appropriated authorized to provide such surgery.
5. Limited permits shall be issued for a period of one year, and may be renewed for additional one year periods when necessary to permit the completion of the training and experience required to obtain a podiatric standard ankle surgery privilege or podiatric advanced ankle surgery privilege, as applicable, provided that no permit may be renewed more than four times for each such privilege.
6. The fee for a limited permit shall be one hundred five dollars and the fee for a renewal shall be fifty dollars.