Representative Justin L. Fawson proposes the following substitute bill:


1     
PODIATRIC PHYSICIAN PRACTICE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Justin L. Fawson

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the scope of practice for a licensed podiatric
10     physician.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to the scope of practice for a licensed podiatric physician;
14     and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-5a-103, as enacted by Laws of Utah 2015, Chapter 230
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-5a-103 is amended to read:
26          58-5a-103. Scope of practice.
27          (1) Subject to [Subsections (4) and (5)] the provisions of this section, an individual
28     licensed as a podiatric physician under this chapter may perform a surgical procedure on a bone
29     of the foot or ankle[, except that the individual].
30          (2) Except as provided in Subsection (4), an individual licensed as a podiatric
31     physician under this chapter may not perform:
32          (a) an ankle fusion;
33          (b) a massive ankle reconstruction; or
34          (c) a reduction of a trimalleolar ankle fracture.
35          [(2) Notwithstanding Subsections (1)(a), (b), and (c), and subject to Subsections (4)
36     and (5), an individual licensed as a podiatric physician under this chapter that meets the
37     additional training requirements described in Subsection (3) may perform a surgical procedure
38     that is related to the treatment of a foot or ankle condition, including the treatment of a foot or
39     ankle condition that involves the soft tissues, including tendons, ligaments, and nerves, of the
40     foot or ankle, except that the individual may only:]
41          (3) An individual licensed as a podiatric physician under this chapter who meets the
42     requirements described in Subsection (4) may only:
43          (a) treat a fracture of the tibia if at least one portion of the fracture line enters the ankle
44     joint;
45          (b) treat a foot or ankle condition using hardware, including screws, plates, staples,
46     pins, and wires, if at least one portion of the hardware system is attached to a bony structure at
47     or below the ankle mortise; and
48          (c) place hardware for the treatment of soft tissues in the foot or ankle no more
49     proximal than the distal 10 centimeters of the tibia.
50          [(3) An] (4) Subject to Subsection (3), an individual licensed as a podiatric physician
51     under this chapter may [not] perform [the procedures] a procedure described in Subsection (2)
52     [unless] if the individual:
53          (a) (i) graduated on or after June 1, 2006, from a three-year residency program in
54     podiatric medicine and surgery that was accredited, at the time of graduation, by the Council on
55     Podiatric Medical Education; and
56          (ii) is board certified in reconstructive rearfoot and ankle surgery by the American
57     Board of Foot and Ankle Surgery;
58          (b) (i) graduated on or after June 1, 2006, from a three-year residency program in
59     podiatric medicine and surgery that was accredited, at the time of graduation, by the Council on
60     Podiatric Medical Education;
61          (ii) is board qualified in reconstructive rearfoot ankle surgery by the American Board
62     of Foot and Ankle Surgery; and
63          (iii) provides the division documentation that the podiatric physician has completed
64     training or experience, which the division determines is acceptable, in standard or advanced
65     [midfoot,] rearfoot[,] and ankle procedures; or
66          (c) (i) graduated before June 1, 2006, from a residency program in podiatric medicine
67     and surgery that was at least two years in length and that was accredited, at the time of
68     graduation, by the Council on Podiatric Medical Education;
69          (ii) (A) is board certified in reconstructive rearfoot ankle surgery by the American
70     Board of Foot and Ankle Surgery;
71          (B) if the residency described in Subsection [(3)] (4)(c)(i) is a PSR-24 24-month
72     podiatric surgical residency, provides proof that the individual completed the residency, to a
73     hospital that is accredited by the Joint Commission, and meets the hospital's credentialing
74     criteria for foot and ankle surgery; or
75          (C) in addition to the residency described in Subsection [(3)] (4)(c)(i), has completed a
76     fellowship in foot and ankle surgery that was accredited by the Council on Podiatric Medical
77     Education at the time of completion; and
78          (iii) provides the division documentation that the podiatric physician has completed
79     training and experience, which the division determines is acceptable, in standard or advanced
80     [midfoot,] rearfoot[,] and ankle procedures.
81          [(4)] (5) An individual licensed as a podiatric physician under this chapter may not
82     perform an amputation proximal to Chopart's joint.
83          [(5)] (6) An individual licensed as a podiatric physician under this chapter may not
84     perform a surgical treatment on an ankle, on a governing structure of the foot or ankle above
85     the ankle, or on a structure related to the foot or ankle above the ankle, unless the individual
86     performs the surgical treatment:
87          (a) in an ambulatory surgical facility, a general acute hospital, or a specialty hospital, as
88     defined in Section 26-21-2; and
89          (b) subject to review by a quality care review body that includes qualified, licensed
90     physicians and surgeons.