Senate Bill sb0962

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 962

    By Senator Diaz de la Portilla





    34-737-01                                            See HB 87

  1                      A bill to be entitled

  2         An act relating to orthotics, prosthetics, and

  3         pedorthics; amending s. 468.805, F.S.; revising

  4         grandfathering requirements for licensure to

  5         practice orthotics, prosthetics, or pedorthics

  6         without meeting statutory educational

  7         requirements; repealing s. 1, ch. 99-158, Laws

  8         of Florida, relating to a deadline to apply for

  9         licensure to practice orthotics, prosthetics,

10         or pedorthics without meeting statutory

11         educational requirements; providing an

12         effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 468.805, Florida Statutes, is

17  amended to read:

18         468.805  Grandfathering.--

19         (1)(a)  A person who has practiced orthotics,

20  prosthetics, or pedorthics in this state for the required

21  period between since July 1, 1990, and March 1, 1998, who,

22  before March 1, 1998, applied applies to the department for a

23  license to practice orthotics, prosthetics, or pedorthics, and

24  who received certification in orthotics, prosthetics, or

25  pedorthics from a national certifying body and had his or her

26  application fully approved by the board before October 1,

27  2000, may be licensed as a prosthetist, an orthotist, a

28  prosthetist-orthotist, an orthotic fitter, an orthotic fitter

29  assistant, or a pedorthist, as applicable determined from the

30  person's experience, certification, and educational

31  preparation, without meeting the educational requirements set

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    Florida Senate - 2001                                   SB 962
    34-737-01                                            See HB 87




  1  forth in s. 468.803, upon receipt of the application fee and

  2  licensing fee and after the board has completed an

  3  investigation into the applicant's background and experience.

  4  The board shall require an application fee not to exceed $500,

  5  which shall be nonrefundable. The board shall complete its

  6  investigation within 6 months after receipt of the completed

  7  application.

  8         (b)  The period of experience required for licensure

  9  under this subsection section is 5 years for a prosthetist or

10  an orthotist and; 2 years for an orthotic fitter, an orthotic

11  fitter assistant, or a pedorthist. Each applicant shall

12  document experience in the; and 5 years for an orthotist whose

13  scope of practice for the profession applied for as is defined

14  under s. 468.80(7).

15         (2)(a)  An applicant for licensure as an orthotist, a

16  prosthetist, or a prosthetist-orthotist who cannot demonstrate

17  5 years of experience as required by subsection (1), but who

18  has practiced as an orthotist, a prosthetist, or a

19  prosthetist-orthotist in this state for at least 2 years

20  between July 1, 1990, and March 1, 1998, and A person who has

21  received certification as an orthotist, a prosthetist, or a

22  prosthetist-orthotist from a national certifying body before

23  July 1, 1998, and who has practiced orthotics or prosthetics

24  in this state for at least 2 years but less than 5 years is

25  eligible for a provisional license.

26         (b)  An applicant for provisional licensure shall

27  submit proof that he or she has been actively practicing as a

28  nationally certified orthotist, prosthetist, or

29  prosthetist-orthotist, an application fee, and a provisional

30  license fee.

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    Florida Senate - 2001                                   SB 962
    34-737-01                                            See HB 87




  1         (b)(c)  A provisional licensee is required to practice

  2  under supervision of a fully licensed orthotist, prosthetist,

  3  or prosthetist-orthotist for up to 3 years in order to meet

  4  the 5-year experience requirement of subsection (1) to be

  5  licensed as an orthotist, a prosthetist, or a

  6  prosthetist-orthotist. The provisional licensee must

  7  demonstrate that the supervised practice includes experience

  8  in the scope of practice of the profession as defined under s.

  9  468.80.

10         (d)  After appropriate investigation, the board shall

11  license as an orthotist, prosthetist, or prosthetist-orthotist

12  the provisional licensee who has successfully completed the

13  period of experience required and otherwise meets the

14  requirements of subsection (1).

15         (e)  The board shall require an application fee, not to

16  exceed $500, which is nonrefundable, and a provisional

17  licensure fee, not to exceed $500.

18         (3)  Upon receipt of the nonrefundable application fee

19  and the appropriate licensing fee, the board shall complete an

20  investigation into the applicant's background and experience.

21  The board shall complete its investigation within 6 months

22  after receipt of the completed application. The 90-day period

23  for approval or denial of a license required under s. 120.60

24  does not apply to applications for licensure or provisional

25  licensure under this section.

26         (4)  The board by rule shall establish the following

27  fees not to exceed $500 each:

28         (a)  Application fee for licensure under subsection

29  (1).

30         (b)  Application fee for provisional licensure under

31  subsection (2).

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    Florida Senate - 2001                                   SB 962
    34-737-01                                            See HB 87




  1         (c)  Application fee for licensure following

  2  provisional licensure under subsection (2).

  3         (d)  Initial licensure fee.

  4         (e)  Provisional licensure fee.

  5         (5)(3)  An applicant who has received certification as

  6  an orthotist, a prosthetist, a prosthetist-orthotist, or a

  7  pedorthist from a national certifying body which requires the

  8  successful completion of an examination, may be licensed under

  9  this section without taking an additional examination. An

10  applicant who has not received certification from a national

11  certifying body which requires the successful completion of an

12  examination shall be required to take an examination as

13  determined by the board. This examination shall be designed to

14  determine if the applicant has the minimum qualifications

15  needed to be licensed under this section. The board may charge

16  an examination fee and the actual per applicant cost to the

17  department for purchase or development of the examination.

18         (6)(4)  An applicant who successfully completed prior

19  to March 1, 1998, at least one-half of the examination

20  required for national certification and successfully completed

21  the remaining portion of the examination and became certified

22  prior to October 1, 2000 July 1, 1998, shall be considered as

23  nationally certified by March 1, 1998, for purposes of this

24  section.

25         (7)(5)  This section is repealed July 1, 2002.

26         Section 2.  Section 1 of chapter 99-158, Laws of

27  Florida, is repealed.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 2001                                   SB 962
    34-737-01                                            See HB 87




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  2                          HOUSE SUMMARY

  3
      Revises grandfathering requirements for licensure to
  4    practice orthotics, prosthetics, or pedorthics without
      meeting statutory educational requirements, to extend the
  5    period within which original applicants had to complete
      their certification requirements to qualify for such
  6    licensure. See bill for details.

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