SECOND APPROACH:
Send an E-mail to the Federal Trade Commission:

History: 

Current NYS law is discriminatory against podiatrists without ankle permits. For example:
1. A nurse practioner with less training, and or experience, than a podiatrist, can treat the ankle. 
2. A NYS podiatrist can provide wound care to the ankle, but cannot do so without a contiguous foot ulcer being present. This law has antitrust activity by discriminating againt podiatrists. They should be able to treat ankles, with or without the presence of a contiguous foot ulcer.
3. Skin melanoma on the ankle kills patients. If a podiatrist is licensed to perform a triple arthrodesis, they certainly should be allowed to excise a skin melanoma on the ankle. Even the new "proposed clean up bill" continues this antitrust activity against podiatrists without ankle permits. 
4. There are so many more examples that are presented at PodiaTrust meetings. 

The problem:

1. Since 2012, NYS never corrected this problem. We need another approach. 


One Solution: Convince the FTC  antitrust activity is present, and they have jurisdiction to commence an investigation:

Send an email to the FTC.
1. Explain the antitrust activity currently discriminating against podiatrists. 
2. Mention how the FTC intervened in the past, regarding a similar situation in North Carolina. In that case there was a lack of state supervision over the antitrust activity. 

A sample email is in the quotes below:

" 1. We request, the FTC investigate why NYS is restraining podiatrists, without ankle permits, from treating the ankle. If a nurse practitioner, with less ( lower extremity training and or experience ) than a podiatrist, can treat the ankle, this anti trust activity prevents NYS citizens from seeking ankle treatment from podiatrists without ankle permits. Furthermore, any podiatrist, without an ankle permit, that is board certified in podiatric medicine, is prevented from practicining their proffession to the full extent of their board certification". If a nurse practitioner does not need to be board certified to treat the ankle, it is a departure from federal laws preventing antitrust activity to require that a podiatrist must be board certified by a board to treat the ankle.
New Jersey allows podiatrists to treat the ankle. They do not have antitrust activity against their podiatrists.
2.  NYS should comply with federal legislation that prevents antitrust activity in NYS, since we believe the veil of state immunity, has been pierced.
The veil of state immunity has been pierced:
In order for NYS legislature to adequately supervise any antitrust activity against the approximately hundreds of  podiatrists, who are board certified in podiatric medicine, NYS must first mention in the written legislative minutes of the laws of 2012
A- That "this group of 100's of podiatrists, board certified in podiatric medicine exists" 
B- How the citizens of NYS  benefits from preventing  this group of hundreds of podiatrists from practicing their profession, to the full extent of their board certification. Such board certification in podiatric medicine,  includes treating the ankle. It is blatent antitrust activity, to allow a nurse pracitioner to treat the ankle, and a podiatrist that is board certified in podiatric medicine cannot give such care without an ankle permit. 
(CERTIFICATION IN reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the State Education Department IS ACCEPTED TO MEDICALLY TREAT THE ANKLE.)

 

C- Currently there is a "compromise" on the table that consists of such language "THE PRACTICE OF PODIATRY
SHALL NOT INCLUDE THE FOLLOWING TREATMENTS OR PROCEDURES PERFORMED ABOVE
THE LEVEL OF THE MALLEOLI, UNLESS OTHERWISE PROVIDED: THE TREATMENT OF
MELANOMA; PERFORMANCE OF MOHS SURGERY; MUSCLE FLAPS OR MICROVASCULAR
ANASTAMOSES." The problem with such proposed language is that there still is discrimination against podiatrists that are board certified in podiatric medicine. Such antitrust activity we feel is wrong and hurts the public by preventing access to care.  The treatment of melanoma in situ on the ankle is well within the scope of board certification in podiatric medicine. It is still antitrust activity by such proposed language that discriminates against podiatrists that are board certified in podiatric medicine. Discrimination and antirust activity by NYS is harmful to the public. Once again, if a nurse practitioner can be licensed to treat melanoma on the ankle then podiatrists who are board certified in podiatric medicine should at least have the same or greater scope of practice. (https://www.nysenate.gov/legislation/bills/2019/a6185)


Please email the following examples in quotes to the FTC: "A podiatrist that is board certified in podiatric medicine is being prevented from practicing the full scope of their board certification which includes treating the ankle. Compare this to a nurse practitioner who is allowed to treat the ankle. A podiatrist is licensed to perform a triple arthrodesis yet they cannot even perform a punch biospy of the ankle". 

disclaimer: The above suggestions are not any type of legal advice but only the opinions of some podiatrists who want to improve patient care and access to care by NYS licensed podiatrists. .