EDU-48-13-00001-A Podiatric Ankle Surgery Privileges
2/26/14 N.Y. St. Reg. EDU-48-13-00001-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 8
February 26, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-48-13-00001-A
Filing No. 131
Filing Date. Feb. 11, 2014
Effective Date. Feb. 26, 2014
Podiatric Ankle Surgery Privileges
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 65.8 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided), 6504 (not subdivided), 6507(2)(a), 7001(1), (2), 7009(1), (2), 7010; and L. 2012, ch. 438
Subject:
Podiatric ankle surgery privileges.
Purpose:
Specifies the required training and experience for issuance of the podiatric standard and advanced ankle surgery privileges.
Text or summary was published
in the November 27, 2013 issue of the Register, I.D. No. EDU-48-13-00001-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the November 27, 2013 State Register, the State Education Department received one comment which is summarized as follows.
COMMENT:
The commenter noted that the proposed regulations reflect informed discussions by the State Board for Podiatry and consideration of the commenter’s previously shared concerns. Specifically, the commenter expressed support for the proposed regulatory provisions regarding the number of years within which the required experience must be acquired and the categorization of procedures necessary to demonstrate the required training and experience for award of the advanced podiatric ankle surgery privilege.
The commenter opposes certain proposed requirements related to specific procedures as over-reaching and impractical. Specifically, the commenter wrote that the enabling statute for the proposed regulations created categories of procedures to be authorized under the advanced privilege but did not require experience in each of those procedures. The commenter indicated that some procedures are not performed with sufficient regularity to afford applicants for the advanced privilege the opportunity to meet the proposed requirements. The commenter recommended employing the concept of “surgical alternatives” in the development of the regulations rather than the proposed requirement of completing a specific number of specific procedures as the single approach by which requisite training and experience may be demonstrated.
DEPARTMENT RESPONSE:
In developing the proposed regulation, the State Board for Podiatry and the Department considered the objections and alternative suggested by this commenter and modified the approach taken in earlier drafts to allow for more flexibility. The proposed requirements are designed to assure that applicants for the advanced privilege have the training and experience necessary to be able to perform the procedures that are limited to those holding that privilege, while at the same time not requiring the completion of procedures for which there will not be sufficient opportunities to perform.
