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New York Podiatry Law being recently passed by the NYS senate I believe should be changed. If you are a New York Podiatrist, please consider the section of S2992B about surgical privileges of the ankle: Please consider writing to governor Patterson and ask him to veto S2992B in the current form because I believe it may possibly be discriminatory against nonresidency trained podiatrist who did not complete residency programs that would have represented outdated training unrelated to current competence had such training been taken during the 1980's. S2992B: Expands the definition of podiatry to include conditions of the ankle and all soft tissue structures of the leg below the knee affecting the foot and ankle http://www.state.ny.us/governor/contact/GovernorContactForm.php If this current law is not a form of age discrimination that would force older podiatrists who cannot leave their practices to complete certified podiatric residency program then what is age discrimination? Not enough programs were available in the 1980's. Please put yourself in the place of an older currently competent podiatrist that was not afforded podiatric residency training. Surgery on the ankle being allowed because some podiatrists completed podiatric residency training in the 1980's is discriminatory against podiatrists that did not complete such training because it is outdated training and does not relate to current competence. I believe the governor should veto the current law that was passed by the NYS senate and to then reapply with a new law which allows all podiatrists both residency and not residency trained to operate on the ankle. For example, if a podiatrist did not complete a surgical podiatric residency program in the 1980's and instead completed a one year non surgical podiatric residency program, they now sould should qualify to do ankle surgery under the new NYS law. Such non surgical residency training was outdated and not related to current competence. If residency training is required and accepted as a basis for ankle surgery, then such training must be relevant and current. We are a small profession and any potentially discriminatory laws against older podiatrists who did not complete outdated training should be brought to gov. Pattersons attention before he looks at S2992B. Discriminating against any minority class of podiatrists who were not afforded podiatric residency training that by now be outdated and unrelated to current competence to "better the majority of podiatrists in NYS" is unfair and abitrary regarding accepting outdated residency training regarding meeting the criteria for current competence at ankle surgery. Why not think of it this way, we as podiatrists are the minority in the healthcare field. I would like the entire medical community to treat all podiatrists with fairness such as supporting the legal right for podiatrists to call themselves podiatric physicians and to increase the scope of practice for all currently licensed podiatrists even those that did not complete outdated residency training programs unrelated to current competence. How can the entire medical community treat podiatrists with a sense of fairness if we as podiatrists advocate for a NY law that may potentially discriminate against other podiatrists that did not complete outdated residency programs? I have tried to be an advocate to allow podiatrists in NY to call themselves podiatric physicians which I feel is more important than to increase the scope of practice more for some podiatrists than others when the residency criteria being used includes outdated residency training that in the 1980's that probably is not related to current competence. In 1991 I performed as surgeon of record implant surgery with grommets. If I were not already licensed in NY l could not come from another state and apply to get a licensed in NY because I never had such outdated basic residency training from an "approved program". What about receprocity from one state to another? I am licensed in New Jersey to perform ankle surgery, so why not New York? Why can't NY allow for years in practice to be accepted in the place of an outdated residency training program that is not related to one's current competence? Last comment is why is certification by the ABPS the only board being mentioned for surgery on the ankle where the ankle is being defined as including the skin and subcutaneous tissue around the ankle. There are other podiatric boards that certify podiatrists in the taking of a "punch biopsy" of skin around the ankle. These other boards should also be mentioned in such legislation regarding surgery on the skin and subcutaneous tissue and wound care of the ankle. What about the ABPOPPM and othere boards? Why are these other boards not mentioned? If someone comes in your office and has an ankle ulceration that needs a culture and sensitivity deep debridement of that ulcer is needed to get that culture and sensitivity. If the ABPS is specifically mentioned in the proposed law, why is there no direct mention of the ABPOPPM and other boards? Please explain this to me. I don't know what the concept of restraint of trade is. What this new law did was to actually define the "ankle" not only as consisting of bone, but including the skin and subcutaneous and other soft tissue structures." Those other structures are treated by many podiatrists in their offices on a day to day basis and sometimes surgery such as cutting on such skin and soft tissue structures are needed for ulcer care and punch biopsies. Also the most important need for a podiatrist to be defined as a "podiatric physician" should be mentioned in any new proposed law. I believe defining a podiatrist as a podiatric physician is more important that "increasing the anatomic scope of podiatry regarding ankle surgery and accepting podiatric residency training that may be outdated and unrelated to current competence regarding ankle surgery. The new law should allow all currently licensed podiatrists the license to perform ankle surgery. If residency training is accepted and a requirement then such training I believe must be current and out dated residency training not acceptable. Since residency training eventually gets outdated I am an advocate of removing the ability of any state to require and accept such residency training regarding state licensure unless such training is current. Instead I feel the fair approach is to license all current podiatrists to perform ankle surgery. In order to avoid any possibility of unfair discrimination if the scope of practice is increased it must be applied to all currently licensed podiatrists. Remember, just because one is licensed to perform a podiatric procedure this does not make them currently competent at such a procedure. This is similar to any profession with an unlimited license. A holder of an unlimited license may not be currently competent to perform all procedures they are legally licensed to do. The key is once the license is gotten they can then legally aquire the training in that state to accomplish learing such current competence. This is why all podiatrists must be licensed to be able to perform ankle surgery in NY and why I beleive the governer should veto the bill S2992B as currently worded. Also I believe any new bill should include a podiatrist as being defined as a "podiatric physician". podiatrist1@optonline.net disclaimer: do not rely on any of the personal opinions above but consult with a licensed healthcare attorney in your state. podiatrist1@optonline.net |