1.Podiatrists who are board certified in Podiatric Medicine are prevented from medically treating the ankle by states nationwide.
2. Such states recognize board certification in SURGERY to improperly screen out and prevent podiatrists who are board certified in PODIATRIC MEDICINE FROM MEDICALLY treating the ankle.
( For example, NYS enforced this barrier of access to care by including the following language in it's state legislation: "The practice of podiatry may also include diagnosing, treating, operating and prescribing for any disease, injury, deformity or other condition of the ankle and soft tissue of the leg below the tibial tuberosity if the podiatrist has obtained an issuance of a privilege to perform podiatric standard ankle surgery or advanced ankle surgery in accordance with section seven thousand nine of this article."
Such facially neutral language using the words diagnosing and treating any disease, injury, deformity or other condition of the ankle and soft tissue of the leg below the tibial tuberosity prevents the entire group of podiatrists who are board certified in podiatric medicine from medically treating the ankle.
Two main problems are:
A- The use of the language "be certified in reconstructive rearfoot and ankle surgery" to have the privilege to ultimately medically treat the ankle without recognizing there is a group of podiatrists who are board certified in podiatric medicine who are discriminated against and prevented from medically treating the ankle.
B- The need for graduation from a residency program excludes and prevents older podiatrists who have more than 20 years experience in practice, who are already board certified in Podiatric Medicine from practicing podiatric medicine to the full scope of their board certification, which includes medically treating the ankle.
C- This also created facially neutral age discriminatory criteria because older podiatrists who are currently board certified in podiatric medicine in the early 1980's did not have the same availability for residency training immediately after graduation. It would be an undue hardship for them to give up their practices to complete such training now especially when they are already currently experienced and board certified in podiatric medicine.
"c. Training and certification: either:
(i) have graduated on or after June first, two thousand six from a three-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, and be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department; or
(ii) have graduated on or after June first, two thousand six from a three-
year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be board qualified but not yet certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department, and provide documentation that he or she has acceptable training and experience in standard or advance midfoot; rearfoot and ankle procedures that has been approved by the department; or
(iii) have graduated before June first, two thousand six from a two-year
residence program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department, be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department, and provide documentation that he or she has acceptable training and experience in standard or advanced midfoot, rearfoot and ankle procedures that has been approved by the department;" http://www.op.nysed.gov/prof/pod/article141.htm
3. This forms a barrier of access of care for the public by a group of podiatrists who are board certified in podiatric medicine. Connecticut had the wisdom to recognize board certification in podiatric medicine without requiring any residency training as meeting their legislative criteria to medically treat the ankle. Why shouldn't other states follow Connecticut's example and take down such barriers to podiatric medical care of the ankle so the public may benefit.
"(b) A licensed podiatrist who is board qualified or certified by the American Board of Podiatric Surgery or the American Board of Podiatric Orthopedics and Primary Podiatric Medicine may engage in the medical and nonsurgical treatment of the ankle and the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental thereto, and the nonsurgical treatment of manifestations of systemic diseases as they appear on the ankle. Such licensed podiatrist shall restrict treatment of displaced ankle fractures to the initial diagnosis and the initial attempt at closed reduction at the time of presentation and shall not treat tibial pilon fractures. For purposes of this section, “ankle” means the distal metaphysis and epiphysis of the tibia and fibula, the articular cartilage of the distal tibia and distal fibula, the ligaments that connect the distal metaphysis and epiphysis of the tibia and fibula and the talus, and the portions of skin, subcutaneous tissue, fascia, muscles, tendons and nerves at or below the level of the myotendinous junction of the triceps surae."
https://www.cga.ct.gov/2017/pub/chap_375.htm#sec_20-50
4. There are also barriers of care regarding tele-podiatric medical care if states continue to prevent any podiatrist that is board certified in podiatric medicine from medically treating the ankle.
Please consider emailing the link below to the U.S. Dept of Justice so that they can investigate and contact the state attorney generals of NYS, Montana and other states that enforces legislation that creates barriers of access to medical health care of the ankle by podiatrists who are experienced and board certified in podiatric medicine.
Consider copying the following link: http://PodiaTrustFoundation.
and E-mail it to antitrust.atr@usdoj.gov
The PodiaTrust Foundation is in the process of being formed. It will be advocating ideas to improve access of
podiatric medical care to podiatrists nationwide. There will likely be other benefits.
2. Such states recognize board certification in SURGERY to improperly screen out and prevent podiatrists who are board certified in PODIATRIC MEDICINE FROM MEDICALLY treating the ankle.
( For example, NYS enforced this barrier of access to care by including the following language in it's state legislation: "The practice of podiatry may also include diagnosing, treating, operating and prescribing for any disease, injury, deformity or other condition of the ankle and soft tissue of the leg below the tibial tuberosity if the podiatrist has obtained an issuance of a privilege to perform podiatric standard ankle surgery or advanced ankle surgery in accordance with section seven thousand nine of this article."
Such facially neutral language using the words diagnosing and treating any disease, injury, deformity or other condition of the ankle and soft tissue of the leg below the tibial tuberosity prevents the entire group of podiatrists who are board certified in podiatric medicine from medically treating the ankle.
Two main problems are:
A- The use of the language "be certified in reconstructive rearfoot and ankle surgery" to have the privilege to ultimately medically treat the ankle without recognizing there is a group of podiatrists who are board certified in podiatric medicine who are discriminated against and prevented from medically treating the ankle.
B- The need for graduation from a residency program excludes and prevents older podiatrists who have more than 20 years experience in practice, who are already board certified in Podiatric Medicine from practicing podiatric medicine to the full scope of their board certification, which includes medically treating the ankle.
C- This also created facially neutral age discriminatory criteria because older podiatrists who are currently board certified in podiatric medicine in the early 1980's did not have the same availability for residency training immediately after graduation. It would be an undue hardship for them to give up their practices to complete such training now especially when they are already currently experienced and board certified in podiatric medicine.
3. This forms a barrier of access of care for the public by a group of podiatrists who are board certified in podiatric medicine. Connecticut had the wisdom to recognize board certification in podiatric medicine without requiring any residency training as meeting their legislative criteria to medically treat the ankle. Why shouldn't other states follow Connecticut's example and take down such barriers to podiatric medical care of the ankle so the public may benefit.
"(b) A licensed podiatrist who is board qualified or certified by the American Board of Podiatric Surgery or the American Board of Podiatric Orthopedics and Primary Podiatric Medicine may engage in the medical and nonsurgical treatment of the ankle and the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental thereto, and the nonsurgical treatment of manifestations of systemic diseases as they appear on the ankle. Such licensed podiatrist shall restrict treatment of displaced ankle fractures to the initial diagnosis and the initial attempt at closed reduction at the time of presentation and shall not treat tibial pilon fractures. For purposes of this section, “ankle” means the distal metaphysis and epiphysis of the tibia and fibula, the articular cartilage of the distal tibia and distal fibula, the ligaments that connect the distal metaphysis and epiphysis of the tibia and fibula and the talus, and the portions of skin, subcutaneous tissue, fascia, muscles, tendons and nerves at or below the level of the myotendinous junction of the triceps surae."
https://www.cga.ct.gov/2017/pub/chap_375.htm#sec_20-50
4. There are also barriers of care regarding tele-podiatric medical care if states continue to prevent any podiatrist that is board certified in podiatric medicine from medically treating the ankle.
Please consider emailing the link below to the U.S. Dept of Justice so that they can investigate and contact the state attorney generals of NYS, Montana and other states that enforces legislation that creates barriers of access to medical health care of the ankle by podiatrists who are experienced and board certified in podiatric medicine.
Consider copying the following link: http://PodiaTrustFoundation.
and E-mail it to antitrust.atr@usdoj.gov
The PodiaTrust Foundation is in the process of being formed. It will be advocating ideas to improve access of
podiatric medical care to podiatrists nationwide. There will likely be other benefits.
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