Test Your Knowledge of Law and Practice - Answers

1. Education Department
2. Health Department
3. Office of Professional Discipline
4. Worker's Compensation Board

a. The New York State Education Department is authorized by law to regulate podiatry and 37 other licensed professions

1. to convict professionals who commit State or Federal crimes
2. to set guidelines for practice
3. to monitor consumer complaints
4. to investigate and prosecute allegations of professional misconduct

d. The Office of Profession Discipline investigates and prosecutes all allegations of professional misconduct related to podiatry practice in New York. The Attorney General prosecutes consumer complaints

1. Board of Regents revokes, annuls, or suspends the license
2. Education Department files charges against the licensee
3. licensee moves without proper notification
4. licensee practices less than one day per month

a. A license is valid during the life of the holder unless revoked, annulled or suspended by the Board of Regents

1. assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
2. conduct investigations into misconduct
3. register or approve educational programs
4. review qualifications of all candidates for licensure

a. The State Boards for the Professions are committees of persons licensed in the profession plus at least one public representative who serve as advisors to the Board of Regents and the Department of Education on matters of professional licensing, practice and conduct

1. being convicted of a crime under New York State or Federal Law
2. permitting an unlicensed person to perform activities requiring a license
3. sharing professional fees with a partner authorized to practice the same profession
4. willfully failing to notify the Department of any change in name or mailing address

c. Regents Rule 29.1(b)(4) permits partners to share in the fees for professional services

1. direct patient contact is discontinued when the licensee has weeping skin lesions
2. gown and gloves only are donned if splattering blood is possible
3. sharp items are placed in the trash
4. the same protective equipment is used between patients

a. Regents Rule 29.2(13)(xii) requires licensees to refrain from all direct patient care when the licensee has exudative lesions or weeping dermatitis that has not been medically evaluated to be safe or capable of being safely protected against

1. charging a fee for providing health records to a patient
2. refusing to make available to a patient copies of patient records
3. failing to wear an identification badge
4. offering bonuses for a professional service

a. Part 29.1 of the Rules of the Board of Regents states that it is unprofessional conduct for a licensee to fail to make available to a patient or client, upon request, copies of documents in their possession or under the control of the licensee. Part 29.2(b) also states that it is unprofessional conduct for licensees not to follow section 18 of the public health law. This section states that licensees may charge no more than 75 cents a page for paper copies of medical records. Podiatrists may charge the actual reproduction costs for radiographic materials, such as X-rays or mammograms. However, an individual cannot be denied access to information solely because s/he is unable to pay

1. file an application
2. complete a doctoral degree in podiatry
3. complete a one-year residency
4. pass a practical examination

d. Licensure as a podiatrist no longer requires completion of a practical examination

1. treating any disease, injury, deformity or other condition of the foot
2. performing cutting operations on the malleoli
3. treating open wound fractures in an office
4. performing a physical examination required by school districts for students entering college

a. Section 7001, of Article 141 of Education Law, defines the practice of podiatry 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. 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

1. administer nitrous oxide for deep sedation
2. administer local anesthesia for therapeutic purposes as well as for anesthesia
3. administer general anesthesia
4. administer local anesthesia for therapeutic purposes only

b. Section 7001 of Article 141 states that: 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

1. prescriptions cannot be written for family members with non-podiatric conditions
2. a pharmacist does not have the right to question podiatric prescriptions
3. licensure in New York is a sufficient condition for podiatrists to prescribe medications
4. prescriptions do not need to include a patient's age

a. Podiatrists are limited to prescribing medications for the purpose of treating conditions of the feet

1. all podiatrists are permitted to administer or prescribe narcotics
2. drugs prescribed by a podiatrist may be given any route except intravenously
3. podiatrists are prohibited from providing conscious sedation in their office setting
4. podiatrists are limited to prescribing drugs for the purpose of treating conditions of the feet

d. Section 7001 of Article 131 of Education Law has been interpreted to imply that a podiatrist is limited to prescribing drugs for the purpose of treating conditions of the feet, despite the fact that the medications prescribed may also have other systemic effects

1. a practitioner
2. a Doctor of Podiatric Medicine
3. a doctor
4. a physician

d. The title "physician" is limited by law to individuals licensed under the profession of Medicine

1. every two years
2. every three years
3. every four years
4. whenever notified by the State Education Department

c. Completion of a Department-approved course in infection control and barrier precautions is required every four years

1. is permitted if the unlicensed person is employed by the podiatric doctor
2. is permitted if the licensee has written consent from the director of the Office of Professional Discipline
3. is not permitted even if the licensee directly supervises all activities of the unlicensed person
4. is not permitted and will render the licensee guilty of a criminal act

c. It is unprofessional conduct to delegate professional responsibilities to an unlicensed person even when the licensee provides on-site supervision

1. the person with the permit is practicing under the supervision of a licensed podiatrist
2. the person with the permit is in an approved residency program in podiatric medicine
3. the person with the permit is sharing office space with a licensed podiatrist
4. the person with the permit is doing a preceptorship with a licensed podiatrist who is on the faculty of a podiatry school

c. Limited permits authorize the practice of podiatry only under the supervision of a licensed podiatrist in a hospital, a clerkship conducted by a podiatrist who is a faculty member of an approved school of podiatry, or in an approved post-graduate residency training program in podiatric medicine

1. graduates of a school of podiatry in a certified residency program, in the State of New York
2. a board certified podiatrist from the State of New Jersey
3. a graduate of a podiatry school who has passed the required examinations and is waiting for the license
4. students of a podiatry school in the State of New York, which is registered by the State Education Department, who are under the supervision of a licensed podiatrist

d. Students enrolled in an approved program of podiatric medicine are exempt from requiring a license, certificate, or limited permit

1. 4 years
2. 6 years
3. 8 years
4. 10 years

b. Regent Rule 29.2(a)(3) requires licensees to maintain records for adult patients for six years

1. 4 years or until the patient turns age 21
2. 6 years or until the patient turns age 21
3. 4 years and until one year after the minor reaches the age of 21
4. 6 years and until one year after the minor reaches the age of 21

d. Regent Rule 29.2(a)(3) requires licensees to maintain obstetrical records and records of minor patients for at least six years and until one year after the minor patient reaches the age of 21 years

1. prior to administering a flu shot
2. in conjunction with the provisions of podiatric treatment
3. while examining a child for a school physical
4. when a patient also complains of neck, hip and low back pain

b. Section 7001, of Article 141 of Education Law, defines the practice of podiatry 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

1. only in hospitals, as defined in Article 28 of the public health law
2. in her/his office provided there is an x-ray machine available and a sterile environment
3. in her/his office provided that an authorized person administers general anesthesia
4. a NYS licensed podiatrist may not treat a traumatic open wound fracture of the fifth metatarsal in any setting

a. Section 7001, of Article 141 of Education Law, states that: Podiatrists may treat traumatic open wound fractures only in hospitals, as defined in article twenty-eight of the public health law

1. 25
2. 50
3. 75
4. 100

b. To qualify for re-registration, a podiatrist is required to complete 1.4 hours of continuing education coursework for each month of the preceding registration period. This equals 50 hours in a three-year registration period

1. one-third or 33%
2. one-half or 50%
3. two-thirds or 66%
4. three-thirds or 100%

c. In accordance with the Regulations of the Commission of Education, to qualify for re-registration at least two-thirds of the continuing education coursework must be in the areas of podiatric medicine and surgery. The remaining hours may be in the areas of health sciences and ethics related to the practice of podiatry

1. ankle surgery is within the scope of practice if surgery is performed above the malleoli
2. x-rays of the ankle are permitted if the patient's complaint relates to a condition of the foot
3. fractures of the malleoli may be treated by podiatrists
4. surgery of the tibia is within the podiatric scope of practice

b. Article 141 of Education Law permits podiatrists to diagnose, treat, operate or prescribe for any disease, injury, deformity or other condition of the foot. While x-rays of the ankle are permitted for complaints related to a condition of the foot, care of injuries related to the tibia are outside of the lawful scope of practice for podiatrists

1. oxygen saturation must be monitored continuously when administering conscious sedation, including nitrous oxide
2. a podiatrist may lawfully provide conscious sedation alone without the support of any other personnel
3. a podiatrist may administer conscious sedation to no less than two patients at a time
4. a non-licensed assistant may monitor the recovery of a patient from conscious sedation

a. Oxygen saturation must be monitored continuously with a pulse oximeter or equivalent device when administering conscious sedation. At least 2 persons must be present in the operatory during administration of conscious sedation; the podiatrist or a licensed physician qualified to administer the anesthetic drug and one additional individual who is competent to perform CPR. Podiatrists in an office setting may not administer conscious sedation to more than one patient at a time.