Medical Board Takes Action on Podiatry Scope Issue
In June 2019, the State Medical Board of Ohio considered a request from a podiatrist as to whether five specific procedures were within the scope of practice of a podiatrist. The Board determined that four of the five procedures were within the scope of practice of a podiatrist.
After the Board issued its determination on this issue, concerns were raised with respect to two of the specific procedures that were determined to be within the podiatric scope of practice:
- Is it permissible for a podiatrist in Ohio to perform a supramalleolar osteotomy of the tibia or fibula to correct a deformity?
- Is it permissible for a podiatrist in Ohio to harvest bone marrow aspirate from the proximal tibia?
In May 2021, the State Medical Board appeared before the Joint Commission on Agency Rule Review (“JCARR”) for consideration as to whether the policy determination should be specified in a rule. Prior to receiving the determination from JCARR, the State Medical Board of Ohio decided to commence the rule-making process on this issue and solicited comments from the medical community. The board received over 80 comments regarding this issue.
At the board’s November meeting, the board discussed the feedback received from the medical community and the options before them. After much discussion, the board voted to withdraw the scope determinations put forth in the 2019 letter. The board opined that they acted precipitously when they made the determinations and that the proper venue to decide an unclear scope set forth in Ohio statute is the Ohio state legislature.