Podiatry

Education Law

Article 141, Podiatry

§7000. Introduction.

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.

§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. Podiatrists may treat traumatic open wound fractures only in hospitals, as defined in article twenty-eight of the public health law.
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. 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.

§7002. Practice of podiatry and use of title "podiatrist".

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

§7003. State board for podiatry.

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.

§7004. Requirements for a professional license.

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.

§7005. Exempt persons.

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.

§7006. Special provision.

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.

§7007. Limited permits.

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.

§7008. Limited residency permits.

1. Limited residency 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 in podiatric medicine participating in an approved post-graduate residency program to perform such duties, tasks and functions that are required for successful completion of the residency program under the administrative supervision of a licensed podiatrist serving as the residency director in a hospital or health care facility licensed pursuant to article twenty-eight of the public health law. At any time during the residency 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 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 who remains in the immediate area where the procedures are being performed, authorizes the procedures and evaluates the procedures performed by the podiatric resident.
3. Such permit shall be issued for one year and may be renewed at the discretion of the department for one or two additional years when necessary to permit the completion of an approved post-graduate residency in podiatric medicine.
4. The fee for a limited residency permit shall be one hundred five dollars and the fee for a renewal shall be fifty dollars.