Florida Senate - 2008 (Reformatted) SB 1016

By Senator Bennett

21-02653A-08 20081016__

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A bill to be entitled

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An act relating to podiatrists; amending s. 461.003, F.S.;

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redefining the term "practice of podiatric medicine";

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creating s. 461.0145, F.S.; prohibiting a licensed

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podiatrist from performing ankle surgery unless the

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podiatrist meets certain requirements for education and

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training; providing a period during which a licensed

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podiatrist must meet the eligibility requirements in order

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to perform ankle surgery; providing accreditation

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requirements for the hospital or surgical center at which

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ankle surgery is performed; authorizing a podiatrist to

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perform nonsurgical care; prohibiting a podiatrist from

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performing surgery on certain fractures; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (5) of section 461.003, Florida

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Statutes, is amended to read:

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     461.003  Definitions.--As used in this chapter:

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     (5)  "Practice of podiatric medicine" means the diagnosis or

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medical, surgical, palliative, and mechanical treatment of

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ailments of the human foot and leg,. The surgical treatment of

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ailments of the human foot and leg shall be limited anatomically

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to that part below the anterior tibial tubercle. The practice of

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podiatric medicine includes shall include the amputation of the

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toes or other parts of the foot but does shall not include the

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amputation of the foot or leg in its entirety. A podiatric

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physician may prescribe drugs that relate specifically to the

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scope of practice authorized herein.

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     Section 2.  Section 461.0145, Florida Statutes, is created

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to read:

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     461.0145 Surgery.--

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     (1) A licensed podiatrist may not perform ankle surgery

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unless the podiatrist meets one of the following requirements:

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     (a) The licensed podiatrist was credentialed to perform

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ankle surgery by a hospital or ambulatory surgical treatment

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center accredited by the Joint Commission on Accreditation of

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Health Care Organizations on or before October 2, 1995. Such

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podiatrist shall:

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     1. Notify the board as to the hospital or ambulatory

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surgical treatment center at which he or she was credentialed to

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perform ankle surgery on or before October 2, 1995;

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     2. Obtain and maintain evidence of obtaining at least 10

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hours of approved continuing education related to ankle surgery

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annually; and

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     3. Comply with any other requirements established by the

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board to ensure continued proficiency in performing ankle

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surgery; or

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     (b) The licensed podiatrist has completed a surgical

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residency program of at least 36 months in length which has been

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approved by the Council on Podiatric Medical Education and is

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currently eligible for certification to perform reconstructive

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rearfoot or ankle surgery by the American Board of Podiatric

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Surgery. A podiatrist who qualifies to perform ankle surgery

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under this paragraph shall obtain certification to perform

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reconstructive rearfoot or ankle surgery from the American Board

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of Podiatric Surgery by July 1, 2014, or within 6 years after

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first becoming eligible for certification, whichever date is

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later. A licensed podiatrist may not continue to perform ankle

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surgery if he or she has not obtained certification by the end of

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the 6-year period.

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     (2) A licensed podiatrist may perform ankle surgery only in

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a hospital or ambulatory surgical treatment center that is

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accredited by the Joint Commission on Accreditation of Health

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Care Organizations at which the podiatrist has surgical

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privileges to perform ankle surgery. A podiatrist who performs

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ankle surgery in an ambulatory surgical treatment center must

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first have surgical privileges to perform ankle surgery at a

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local hospital. A licensed podiatrist who performs ankle surgery

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must meet the same standard of care applicable to an orthopedic

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surgeon who performs ankle surgery.

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     (3) A licensed podiatrist may perform nonsurgical care

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without meeting the requirements of subsection (1). A licensed

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podiatrist may also perform Achilles tendon repair, subject to

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subsection (1), but may not perform surgery on Pilon fractures or

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tibial fractures that do not enter the ankle joint.

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     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.