1. (1) Accrediting agency acceptable to the department shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting podiatric residencies and as having accreditation standards that are applied in a fair, consistent, and nondiscriminatory manner.
2. (2) Certification standards acceptable to the department shall mean standards accepted by the department as reliable for the purpose of granting board qualification and certification to podiatrists engaged in reconstructive rearfoot and ankle surgery and applied in a fair, consistent. and nondiscriminatory manner.

3. (b) For issuance of a privilege to perform podiatric standard ankle surgery, as that term is used in Education Law section 7001(2), the applicant shall:

   1. (1) file an application with the department;
   2. (2) be licensed as a podiatrist in the State;
   3. (3) pay a fee of $220 to the department; and

   4. (4) either:

      1. (a) have graduated on or after June 1, 2006 from a three year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department; and

      2. (b) be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department; or

         (ii)

      3. (a) have graduated on or after June 1, 2006 from a three-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department; and
      4. (b) 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

      5. (c) provide documentation acceptable to the department that he or she has acceptable training and experience in standard or advanced midfoot, rearfoot and ankle procedures that consist of not less than 10 ankle procedures in the five years immediately preceding application, provided that not less than five procedures shall be osseous procedures and not less than five procedures shall be soft tissue procedures, and further provided that procedures performed in a residency program in podiatric medicine may be used to satisfy the requirements of this clause. if performed within the time constraints of this clause; or

         (iii)

      6. (a) have graduated before June 1, 2006 from a two-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department; and
      7. (b) be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department; and
      8. (c) provide documentation acceptable to the department that he or she has acceptable training and experience in standard or advanced midfoot, reartoot and ankle procedures that consist of not less than 20 ankle procedures in the five years immediately preceding application, provided that not less than 10 procedures shall be osseous procedures and not less than 10 procedures shall be soft tissue procedures.

      (i)

4. (c) For issuance of a privilege to perform podiatric advanced ankle surgery, as that term is used in Education Law section 7001(2), the applicant shall:

   1. (1) file an application with the department;
   2. (2) be licensed as a podiatrist in the State;
   3. (3) pay a fee of $220 to the department; and

   4. (4) either:

      1. (a) have graduated on or after June 1, 2006 from a three-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department; and
      2. (b) be certified in reconstructive reartoot and ankle surgery by a national certifying board having certification standards acceptable to the department; and

      3. (c) provide documentation acceptable to the department that he or she has acceptable training and experience in advanced midfoot, reartoot and ankle procedures that consist of:

         1. (1) not less than 10 ankle procedures in the five years immediately preceding application, provided that not less than five procedures shall be osseous procedures and not less than five procedures shall be soft tissue procedures, and further provided that procedures performed in a residency program in podiatric medicine may be used to satisfy the requirements of this subclause, if performed within the time constraints of this subclause; and

         2. (2) not less than 15 procedures in the following categories in the 10 years immediately preceding application, which shall include the specified numbers for each type of procedure, provided that procedures performed in a residency program in podiatric medicine may be used to satisfy the requirements of this subclause, if performed within the time constraints of this subclause, and further provided that the same procedure may be used to satisfy the requirements of both this subclause and subclause (1) of this clause, if it, in fact, meets the requirements of both:

            1. (i) not less than three ankle fracture fixation procedures, which may include, but are not limited to:

      (i)

5. (A) the insertion or removal of external fixation pins into or from the tibial diaphysis at or below the level of the myotendinous junction of the triceps surae; and

6. (B) the insertion and removal of retrograde tibiotalocalcanneal intramedullary rods and locking screws up to the level of the myotendinous junction of the triceps surae;

   1. (ii) not less than three ankle fusion procedures; and

   2. (iii) not less than one ankle arthroscopy; or

      (ii)

   3. (a) have graduated before June 1, 2006 from a two-year residency program in podiatric medicine and surgery that was accredited by an accrediting agency acceptable to the department; and
   4. (b) be certified in reconstructive rearfoot and ankle surgery by a national certifying board having certification standards acceptable to the department; and

   5. (c) provide documentation acceptable to the department that he or she has acceptable training and experience in advanced midfoot, rearfoot and ankle procedures that consist of:

      1. (1) not less than 20 ankle procedures in the five years immediately preceding application, provided that not less than 10 procedures shall be osseous procedures and not less than 10 procedures shall be soft tissue procedures; and

      2. (2) not less than 15 procedures in the following categories in the ten years immediately preceding application, which shall include the specified numbers for each type of procedure, provided that procedures performed in a residency program in podiatric medicine may be used to satisfy the requirements of this subclause, if performed within the time constraints of this subclause, and further provided that the same procedure may be used to satisfy the requirements of both this subclause and subclause (1) of this clause, if it, in fact, meets the requirements of both:

         1. (i) not less than three ankle fracture fixation procedures, which may include, but are not limited to:
7. (A) the insertion or removal of external fixation pins into or from the tibial diaphysis at or below the level of the myotendinous junction of the triceps surae; and

8. (B) the insertion and removal of retrograde tibiotalocalcanneal intramedullary rods and locking screws up to the level of the myotendinous junction of the triceps surae;

   1. (ii) not less than three ankle fusion procedures; and
   2. (iii) not less than one ankle arthroscopy.

(a) Definitions.

As used in this section: