Florida Senate - 2008 SB 1696

By Senator Baker

20-02593-08 20081696__

A bill to be entitled

An act relating to orthotics, prosthetics, and pedorthics;

amending s. 468.80, F.S.; providing and revising

definitions; amending s. 468.801, F.S.; changing

composition of the Board of Orthotists and Prosthetists;

removing obsolete requirement for initial staggering of

terms; amending s. 468.802, F.S.; expanding the authority

for rule adoption to include standards of practice for

orthotic fitters, orthotic fitter assistants, and

residents; amending s. 468.803, F.S.; providing for

registration for a resident to practice orthotics or

prosthetics; authorizing licensure as a prosthetist-

orthotist; providing requirements for such licensure;

requiring applicants for registration, examination, or

licensure to apply on Department of Health forms;

requiring applicants to submit fingerprints and a fee to

cover department costs for criminal background checks;

requiring board verification of certain information prior

to an applicant's examination, registration, or licensure;

providing requirements for registration as a resident in

orthotics or prosthetics; providing for registration and

renewal fees for registration; authorizing either the

Department of Health to develop and administer a state

examination for an orthotist or prosthetist license or the

board to approve an existing examination of a national

standards organization; providing examination

requirements; authorizing examination fees; delineating

applicant qualifications for examination; delineating

requirements for licensure and licensure fees for an

orthotist, a prosthetist, an orthotic fitter, an orthotic

fitter assistant, and a pedorthist; amending s. 468.806,

F.S.; revising materials required for submission for

biennial license renewal, including information necessary

to conduct a statewide criminal history check and payment

of costs therefor; requiring certain mandatory courses,

standards and qualifications for continuing education

courses, and standards and qualifications for course

providers to be established by rule; deeming the Florida

Association of Orthotists and Prosthetists, Inc., an

approved course provider; repealing s. 468.807, F.S.,

relating to issuance of a temporary license; amending s.

468.808, F.S.; revising duties that can be delegated to

unlicensed support personnel; providing requirements for

support personnel identification; amending s. 468.809,

F.S.; including the practice of orthotics, prosthetics, or

pedorthics without registration in certain prohibitions;

providing penalties; creating s. 468.8095, F.S.; requiring

licensees and registrants to post licenses, registrations,

recent photographs, and certain notices in a facility and

to wear certain identification tags or badges; amending s.

468.811, F.S.; revising grounds for denial of a license or

disciplinary action; providing grounds for denial of

registration; amending s. 468.812, F.S.; revising

provisions exempting certain persons from licensure;

amending s. 468.813, F.S.; revising requirements regarding

use of titles; authorizing adoption of rules by the board;

providing effective dates.

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

Section 1. Section 468.80, Florida Statutes, is amended to

read:

468.80 Definitions.--As used in this part act, the term:

(1) "Agency" means the Agency for Health Care

Administration.

(2) "Board" means the Board of Orthotists and Prosthetists.

(3) "Department" means the Department of Health.

(4) "Internship" means a program in which a person receives

clinical experience under the supervision of a licensed orthotist

or prosthetist as defined by the board by rule.

(5) "Mandatory courses" means continuing education courses

that the board has defined by rule and required for license

issuance or renewal.

(6)(4) "Orthosis" means any a medical device used to

provide support, correction, or alleviation of neuromuscular or

musculoskeletal dysfunction, disease, injury, or deformity, but

does not include the following assistive technology devices:

upper extremity adaptive equipment used to facilitate the

activities of daily living, including specialized utensils,

combs, and brushes; finger splints; wheelchair seating and

equipment that is an integral part of the wheelchair and not worn

by the patient; elastic abdominal supports that do not have metal

or plastic reinforcing stays; nontherapeutic arch supports;

nontherapeutic accommodative inlays and nontherapeutic

accommodative footwear, regardless of method of manufacture;

unmodified, over-the-counter nontherapeutic shoes; prefabricated

nontherapeutic foot care products; durable medical equipment such

as canes, crutches, or walkers; dental appliances; or devices

implanted into the body by a physician. For purposes of this

subsection, "accommodative" means designed with the primary goal

of conforming to the individual's anatomy, and "inlay" means any

removable material upon which the foot directly rests inside the

shoe and which may be an integral design component of the shoe,

and "musculoskeletal" and "neuromuscular" mean the systems of the

body providing support and movement and include the skeletal,

muscular, circulatory, nervous, and integumentary systems.

(7)(5) "Orthotic fitter" means a person who is licensed to

practice orthotics, pursuant to a licensed physician's written

prescription, whose scope of practice is limited to fitting

100

prefabricated cervical orthoses not requiring more than minor

101

modification and not used for the treatment of cervical fractures

102

or dislocations; custom-made and prefabricated compression

103

garments pressure gradient hose; trusses; custom-molded and

104

noncustom diabetic therapeutic footwear; prefabricated corset or

105

frame-type spinal orthoses, except for those used in the

106

treatment of vertebral fractures or scoliosis, rigid body jackets

107

made of thermoformable materials, and "halo" devices; and

108

prefabricated orthoses of the upper and lower extremities, except

109

for those used in the treatment of bone fractures and open

110

diabetic ulcers. The board may further describe the scope of

111

practice by rule using nationally recognized descriptor codes.

112

(8)(6) "Orthotic fitter assistant" means a person who is

113

licensed to practice orthotics, pursuant to a licensed

114

physician's written prescription, whose scope of practice is

115

limited to fitting, without modification, prefabricated soft

116

cervical orthoses not used for the treatment of cervical

117

fractures or dislocations; prefabricated soft spinal supports not

118

used for treatment of vertebral fractures; prefabricated

119

compression garments pressure gradient hose; trusses; and soft

120

prefabricated orthoses for the upper and lower extremities not

121

used in the treatment of bone fractures and open diabetic ulcers.

122

The board may further describe the scope of practice by rule

123

using nationally recognized descriptor codes.

124

(9)(7) "Orthotics" means the practice, pursuant to a

125

licensed physician's written prescription, of evaluating,

126

treatment formulating, measuring, designing, fabricating,

127

assembling, fitting, adjusting, servicing, or providing the

128

initial training necessary to accomplish the fitting of an

129

orthosis or pedorthic device.; however, The repair, replacement,

130

adjustment, or servicing of any existing orthosis may be

131

performed without an additional prescription from the patient's

132

physician, unless the original prescription states otherwise. The

133

board may further describe the scope of practice by rule using

134

nationally recognized descriptor codes. If a patient is under the

135

care of a licensed occupational therapist or physical therapist,

136

the orthotist must consult with the therapist if the therapist

137

has requested consultation regarding the fitting, design, or

138

fabrication of an orthosis or regarding treatment with an

139

orthosis.

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(10)(8) "Orthotist" means a person licensed to practice

141

orthotics pursuant to this chapter.

142

(11)(9) "Pedorthic device" means therapeutic shoes, shoe

143

modifications made for therapeutic purposes, nondynamic

144

prosthetic fillers of the forefoot, and foot orthoses for use on

145

the human foot limited anatomically to that part distal to the

146

maleoli from the ankle and below, but does not include arch

147

supports; nontherapeutic accommodative inlays and nontherapeutic

148

accommodative footwear, regardless of method of manufacture;

149

unmodified, over-the-counter shoes; or prefabricated foot care

150

products. For purposes of this subsection, "accommodative" means

151

designed with the primary goal of conforming to the individual's

152

anatomy and "inlay" means any removable material upon which the

153

foot directly rests inside the shoe and which may be an integral

154

design component of the shoe.

155

(12)(10) "Pedorthics" means the practice, pursuant to a

156

licensed physician's written prescription, of evaluating,

157

treatment formulating, measuring, designing, fabricating,

158

assembling, fitting, adjusting, servicing, or providing the

159

initial training necessary to accomplish the fitting of a

160

pedorthic device.; however, The repair, replacement, adjustment,

161

or servicing of any existing pedorthic device may be performed

162

without an additional prescription from the patient's physician,

163

unless the original prescription states otherwise. The board may

164

describe the scope of practice by rule using nationally

165

recognized descriptor codes. If a patient is under the care of a

166

licensed occupational therapist or physical therapist, the

167

pedorthist must consult with the therapist if the therapist has

168

requested consultation regarding the fitting, design, or

169

fabrication of a pedorthic device or regarding treatment with a

170

pedorthic device.

171

(13)(11) "Pedorthist" means a person licensed to practice

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pedorthics pursuant to this chapter.

173

(14)(12) "Prosthesis" means a medical device used to

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replace a missing appendage or other external body part,

175

including an artificial limb, hand, or foot. It does not include

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surgically implanted devices or artificial eyes; dental

177

appliances; ostomy products; or cosmetic devices such as breast

178

prostheses, eyelashes, or wigs; or other devices that do not have

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a significant impact on the musculoskeletal functions of the

180

body.

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(15)(13) "Prosthetics" means the practice, pursuant to a

182

licensed physician's written prescription, of evaluating,

183

treatment formulating, measuring, designing, fabricating,

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assembling, fitting, adjusting, servicing, or providing the

185

initial training necessary to accomplish the fitting of a

186

prosthesis., except The repair, replacement, adjustment, or

187

servicing of any existing prosthesis may be performed without an

188

additional prescription from the patient's physician, unless the

189

original prescription states otherwise. The board may describe

190

the scope of practice by rule using nationally recognized

191

descriptor codes. If a patient is under the care of a licensed

192

occupational therapist or physical therapist, the prosthetist

193

must consult with the therapist if the therapist has requested

194

consultation regarding the fitting, design, or fabrication of a

195

prosthesis or regarding treatment with a prosthesis.

196

(16)(14) "Prosthetist" means a person licensed to practice

197

prosthetics pursuant to this chapter.

198

(17)(15) "Prosthetist-orthotist" means a person licensed to

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practice as a prosthetist and as an orthotist.

200

(18) "Resident" means a person registered to practice

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orthotics or prosthetics under the supervision of a licensed

202

orthotist or prosthetist as defined by the board by rule.

203

(19) "Therapeutic" means designed and fabricated to provide

204

support, correction, or alleviation of neuromuscular or

205

musculoskeletal dysfunction, disease, injury, or deformity. It

206

does not include devices used solely to increase comfort through

207

the use of soft materials or spreading out of forces.

208

Section 2. Subsections (2) and (3) of section 468.801,

209

Florida Statutes, are amended to read:

210

468.801 Board of Orthotists and Prosthetists; appointment;

211

membership; terms; headquarters.--

212

(2) The board members of the board must be residents of

213

this state. Two members One member must be a licensed practicing

214

prosthetists prosthetist with a minimum of 3 years' clinical or

215

practical experience, at least one of whom has attained a minimum

216

of a bachelor's after receiving a Bachelor of Science degree in

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Orthotics and Prosthetics; one member must be a practicing

218

prosthetist with at least 6 years' experience after certification

219

by a national certifying body; one member must be a licensed

220

practicing orthotist with a minimum of 3 years' clinical or

221

practical experience who has attained a minimum of a bachelor's

222

after receiving a Bachelor of Science degree in Orthotics and

223

Prosthetics; one member must be a practicing orthotist with at

224

least 6 years' experience after certification by a national

225

certifying body; two members must be prosthetic or orthotic

226

users, the parents, guardians, or spouses of prosthetic or

227

orthotic users, or any combination of such users and nonusers who

228

are not deriving economic benefit from the fitting or dispensing

229

of orthotic or prosthetic devices and who have never been

230

orthotists or prosthetists or members of a closely related

231

profession; and one member must be a physician licensed under

232

chapter 458, chapter 459, chapter 460, or chapter 461, who has

233

extensive knowledge of orthotics or prosthetics; and one member

234

must be a licensed practicing orthotist, orthotic fitter, or

235

pedorthist with a minimum of 3 years' clinical or practical

236

experience. One of the prosthetist or orthotist members must have

237

received training in pedorthics and have 3 years of pedorthic

238

experience as part of his or her practice.

239

(3) Members of the board shall be appointed for terms of 4

240

years each and shall serve until their successors are appointed.

241

However, for the purpose of staggering terms, two of the original

242

board members shall serve terms of 4 years each, two shall serve

243

terms of 3 years each, two shall serve terms of 2 years each, and

244

one shall serve a term of 1 year, as designated by the Governor.

245

Members may be reappointed for additional terms.

246

Section 3. Section 468.802, Florida Statutes, is amended to

247

read:

248

468.802 Authority to adopt rules.--The board shall adopt

249

rules pursuant to ss. 120.536(1) and 120.54 to implement the

250

provisions of this part act, including rules relating to

251

standards of practice for orthotists, orthotic fitters, orthotic

252

fitter assistants, pedorthists, prosthetists, and residents

253

pedorthists.

254

Section 4. Section 468.803, Florida Statutes, is amended to

255

read:

256

468.803 License, registration, and examination Licensure

257

requirements.--

258

(1) The department shall issue a license to practice

259

orthotics, prosthetics, or pedorthics, or a registration for a

260

resident to practice orthotics or prosthetics, to qualified

261

applicants. Licenses Licensure shall be granted independently in

262

orthotics, prosthetics, or pedorthics, but a person may be

263

licensed in more than one such discipline and a prosthetist-

264

orthotist license may be granted to persons meeting the

265

requirements for both a prosthetist and an orthotist license.

266

Registrations shall be granted independently in orthotics or

267

prosthetics, and a person may be registered in both fields at the

268

same time.

269

(2) An applicant for registration, examination, or

270

licensure must apply to the department on a form prescribed by

271

the board for consideration of board approval. Each applicant

272

shall submit a set of fingerprints to the department on a form

273

and under procedures specified by the department, along with

274

payment in an amount equal to the costs incurred by the

275

department for a national criminal history check of the

276

applicant. The department shall submit the fingerprints provided

277

by an applicant to the Department of Law Enforcement for a

278

statewide criminal history check, and the Department of Law

279

Enforcement shall forward the fingerprints to the Federal Bureau

280

of Investigation for a national criminal history check of the

281

applicant. The board shall consider for examination,

282

registration, or licensure it in order to take the appropriate

283

licensure examination, including a practical examination

284

demonstrating clinical patient management, when appropriate, and

285

written examinations, one of which demonstrates orthotic,

286

prosthetic, or pedorthic problem-solving skills. The board may

287

accept the examination results of a national orthotic,

288

prosthetic, or pedorthic standards organization in lieu of

289

administering the state examination. In such cases, the

290

department shall set fees appropriate to the level of

291

practitioner and shall examine each applicant who the board

292

verifies:

293

(a) Has submitted the completed the application and the

294

fingerprint forms form and has paid the applicable an application

295

fee, not to exceed $500, and cost of a national criminal history

296

check, both of which shall be nonrefundable, an examination fee

297

and the actual per applicant costs to the department for purchase

298

or development of the examination, and a license fee not to

299

exceed $500;

300

(b) Is of good moral character;

301

302

(d) Has completed the appropriate educational preparation,

303

including practical training requirements; and

304

(e) Has successfully completed an appropriate clinical

305

internship in the professional area for which the license is

306

sought.

307

(3) A person seeking to attain the required orthotics or

308

prosthetics experience in this state must be approved by the

309

board and registered as a resident by the department. Although a

310

registration may be held in both practice fields, the board shall

311

not approve a second registration until at least 1 year after the

312

issuance of the first registration. Notwithstanding subsection

313

(2), an applicant who has been approved by the board and

314

registered by the department in one practice field may apply for

315

registration in the second practice field without an additional

316

national criminal history check during the period in which the

317

first registration is valid. Each registration is valid for 2

318

years from the date of issuance unless otherwise revoked by the

319

department upon recommendation of the board. The board shall set

320

a registration fee not to exceed $500 to be paid by the

321

applicant. A registration may be renewed once by the department

322

upon recommendation of the board for a period no longer than 1

323

year, as such renewal is defined by the board by rule. The

324

registration renewal fee shall not exceed one-half the current

325

registration fee. To be considered by the board for approval of

326

registration as a resident, the applicant must have:

327

(a) A Bachelor of Science or higher-level postgraduate

328

degree in Orthotics and Prosthetics from a regionally accredited

329

college or university recognized by the Commission on

330

Accreditation of Allied Health Education Programs or, at a

331

minimum, a bachelor's degree from a regionally accredited college

332

or university and a certificate in orthotics from a program

333

recognized by the Commission on Accreditation of Allied Health

334

Education Programs, or its equivalent, as determined by the

335

board; or

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(b) A Bachelor of Science or higher-level postgraduate

337

degree in Orthotics and Prosthetics from a regionally accredited

338

college or university recognized by the Commission on

339

Accreditation of Allied Health Education Programs or, at a

340

minimum, a bachelor's degree from a regionally accredited college

341

or university and a certificate in prosthetics from a program

342

recognized by the Commission on Accreditation of Allied Health

343

Education Programs, or its equivalent, as determined by the

344

board.

345

(4) The department may develop and administer a state

346

examination for an orthotist or a prosthetist license, or the

347

board may approve the existing examination of a national

348

standards organization. The examination must be predicated on a

349

minimum of a baccalaureate-level education and formalized

350

specialized training in the appropriate field. Each examination

351

must demonstrate a minimum level of competence in basic

352

scientific knowledge, written problem solving, and practical

353

clinical patient management. The board shall require an

354

examination fee not to exceed the actual cost to the board in

355

developing, administering, and approving the examination, which

356

fee must be paid by the applicant. To be considered by the board

357

for examination, the applicant must have:

358

(a) For an examination in orthotics:

359

1. A Bachelor of Science or higher-level postgraduate

360

degree in Orthotics and Prosthetics from a regionally accredited

361

college or university recognized by the Commission on

362

Accreditation of Allied Health Education Programs or, at a

363

minimum, a bachelor's degree from a regionally accredited college

364

or university and a certificate in orthotics from a program

365

recognized by the Commission on Accreditation of Allied Health

366

Education Programs, or its equivalent, as determined by the

367

board; and

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2. An approved orthotics internship of 1 year of qualified

369

experience, as determined by the board, or an orthotic residency

370

program recognized by the board.

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(b) For an examination in prosthetics:

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1. A Bachelor of Science or higher-level postgraduate

373

degree in Orthotics and Prosthetics from a regionally accredited

374

college or university recognized by the Commission on

375

Accreditation of Allied Health Education Programs or, at a

376

minimum, a bachelor's degree from a regionally accredited college

377

or university and a certificate in prosthetics from a program

378

recognized by the Commission on Accreditation of Allied Health

379

Education Programs, or its equivalent, as determined by the

380

board; and

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2. An approved prosthetics internship of 1 year of

382

qualified experience, as determined by the board, or a prosthetic

383

residency program recognized by the board.

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(5)(3) In addition to the requirements in subsection (2),

385

to be licensed as:

386

(a) An orthotist, the applicant must pay a license fee not

387

to exceed $500 and must have:

388

1. A Bachelor of Science or higher-level postgraduate

389

degree in Orthotics and Prosthetics from a regionally accredited

390

college or university, or a bachelor's degree with a certificate

391

in orthotics from a program recognized by the Commission on

392

Accreditation of Allied Health Education Programs, or its

393

equivalent, as determined by the board; and

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2. An appropriate internship of 1 year of qualified

395

experience, as determined by the board, or a residency program

396

recognized by the board;

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3. Completed the mandatory courses; and

398

4. Passed the state orthotics examination or the board-

399

approved orthotics examination.

400

(b) A prosthetist, the applicant must pay a license fee not

401

to exceed $500 and must have:

402

1. A Bachelor of Science or higher-level postgraduate

403

degree in Orthotics and Prosthetics from a regionally accredited

404

college or university, or a bachelor's degree with a certificate

405

in prosthetics from a program recognized by the Commission on

406

Accreditation of Allied Health Education Programs, or its

407

equivalent, as determined by the board; and

408

2. An internship of 1 year of qualified experience, as

409

determined by the board, or a residency program recognized by the

410

board;

411

3. Completed the mandatory courses; and

412

4. Passed the state prosthetics examination or the board-

413

approved prosthetics examination.

414

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fee not to exceed $500 and must have:

416

1. A high school diploma or its equivalent;

417

2. A minimum of 40 hours of training in orthotics

418

education, as approved by the board; and

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3. Two years of supervised experience in orthotics acquired

420

after completion of the required education, as approved by the

421

board; and

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4. Completed the mandatory courses.

423

(d) An orthotic fitter assistant, the applicant must pay a

424

license fee not to exceed $500 and must have:

425

1. A high school diploma or its equivalent; and

426

2. A minimum of 40 hours of training in orthotics

427

education, as approved by the board; and

428

3. Completed the mandatory courses.

429

(e) A pedorthist, the applicant must pay a license fee not

430

to exceed $500 and must have:

431

1. A high school diploma or its equivalent;

432

2. A minimum of 120 hours of training, as approved by the

433

board; and

434

3. An internship of 80 hours of qualified working

435

experience, as determined by the board; and

436

4. Completed the mandatory courses.

437

Section 5. Section 468.806, Florida Statutes, is amended to

438

read:

439

468.806 Biennial renewal of license.--

440

(1) The department shall renew a license upon receipt of

441

the required documentation, renewal application, and renewal fee,

442

not to exceed $500, as set by the board. The applicant for

443

license renewal must submit information necessary to conduct a

444

statewide criminal history check along with payment in an amount

445

equal to the costs incurred by the department for a statewide

446

criminal history check. The department shall submit the required

447

information for a statewide criminal history check of the

448

applicant to the Department of Law Enforcement.

449

(2) The board shall adopt rules establishing a procedure

450

for the biennial license renewal.

451

(3) The board may by rule prescribe continuing education

452

requirements and approve course criteria, not to exceed 30 hours

453

biennially, as a condition for license renewal. The board shall

454

establish by rule mandatory courses to safeguard the welfare of

455

the public and licensed practitioners, standards and

456

qualifications for continuing education courses, standards and

457

qualifications for course providers, and a procedure for

458

approving continuing education courses and providers and may set

459

a fee for continuing education course and provider approval. The

460

Florida Association of Orthotists and Prosthetists, Inc., shall

461

be deemed an approved provider of continuing education courses,

462

including mandatory courses.

463

Section 6. Section 468.807, Florida Statutes, is repealed.

464

Section 7. Effective January 1, 2009, section 468.808,

465

Florida Statutes, is amended to read:

466

468.808 Support personnel.--A person must be licensed to

467

practice orthotics, prosthetics, or pedorthics in this state.

468

However, a licensed orthotist, prosthetist, or pedorthist may

469

delegate duties, not to include patient evaluation, treatment

470

formulation, or the final fitting of a device prior to patient

471

use, to nonlicensed support supportive personnel. All other

472

delegated if those duties must be are performed under the direct

473

supervision, as defined by the board by rule, of a licensed

474

orthotist, prosthetist, or pedorthist, and the persons acting as

475

support personnel must be identified as such by wearing an

476

identification tag as defined by the board by rule. In such

477

instances the supervising licensee is responsible for all acts

478

performed by such persons.

479

Section 8. Section 468.809, Florida Statutes, is amended to

480

read:

481

468.809 Prohibitions; penalties.--

482

(1) A person may not:

483

(a) Make a false or fraudulent statement in any

484

application, affidavit, or statement presented to the board or in

485

any proceeding before the board.

486

(b) Practice orthotics, prosthetics, or pedorthics without

487

a license or registration issued pursuant to this part act unless

488

otherwise exempt.

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(2) A person who violates any provision of this section

490

commits a misdemeanor of the second degree, punishable as

491

provided in s. 775.082 or s. 775.083.

492

Section 9. Effective January 1, 2009, section 468.8095,

493

Florida Statutes, is created to read:

494

468.8095 Practitioner and resident identification.--

495

(1) A licensee or person registered with the department

496

shall post a license or registration and a recent photograph of

497

the licensee or registrant at each facility where patients are

498

seen by the licensee or registrant in a manner determined by the

499

board by rule. This requirement does not extend to areas where

500

the licensee or registrant may visit and normally does not treat

501

patients. The posted license or registration must be valid.

502

(2) A licensee or person registered with the department

503

shall post in close proximity to the posted license or

504

registration a notice stating the department's Consumer Services

505

Unit address, Internet website, and telephone number. The notice

506

shall state that a patient may file a complaint of unlicensed or

507

substandard practice by contacting the Consumer Services Unit. A

508

single notice may be used for multiple licensees or registrants

509

in a facility.

510

(3) During patient contact, each licensee or person

511

registered with the department shall prominently wear an

512

identification tag or badge with the name, recent photograph, and

513

license or registration number, as applicable, of the licensee or

514

registrant. The size and appearance of the identification tag or

515

badge shall be determined by the board by rule. Persons licensed

516

in more than one practice field under this part may list both

517

license numbers. Licensees or registrants working in facilities

518

requiring the wearing of a specific identification tag may

519

substitute the identification tag or badge required by this

520

subsection with the facility's design as determined by the board.

521

Section 10. Subsection (1) of section 468.811, Florida

522

Statutes, is amended to read:

523

468.811 Disciplinary proceedings.--

524

(1) The following acts constitute grounds for denial of a

525

registration or license or for disciplinary action, as specified

526

in s. 456.072(2):

527

(a) Attempting to procure a license by fraudulent

528

misrepresentation.

529

(b) Having a license to practice orthotics, prosthetics, or

530

pedorthics revoked, suspended, or otherwise acted against,

531

including the denial of licensure in another state or

532

jurisdiction.

533

534

contendere to, regardless of adjudication, in any jurisdiction, a

535

crime that directly relates to the practice of orthotics,

536

prosthetics, or pedorthics, including violations of federal laws

537

or regulations regarding orthotics, prosthetics, or pedorthics.

538

(d) Filing a report, claim, or record that the licensee

539

knows is false;, intentionally or negligently failing to file a

540

report, claim, or record required by state or federal law;,

541

willfully impeding or obstructing such filing;, or inducing

542

another person to impede or obstruct such filing. Such reports,

543

claims, or records include only reports, claims, or records that

544

are signed in a person's capacity as a licensee under this part

545

act.

546

(e) Advertising goods or services in a fraudulent, false,

547

deceptive, or misleading manner.

548

(f) Violation of an order of the board, agency, or

549

department previously entered in a disciplinary hearing or

550

failure to comply with a subpoena issued by the board, agency, or

551

department.

552

(g) Practicing with a revoked, suspended, or inactive

553

license.

554

(h) Gross or repeated malpractice or the failure to deliver

555

orthotic, prosthetic, or pedorthic services with that level of

556

care and skill which is recognized by a reasonably prudent

557

licensed practitioner with similar professional training as being

558

acceptable under similar conditions and circumstances.

559

(i) Failing to provide written notice of any applicable

560

warranty for an orthosis, prosthesis, or pedorthic device that is

561

provided to a patient.

562

(j) Violating any provision of this chapter or chapter 456,

563

or any rules adopted pursuant thereto.

564

(k) Making deceptive, untrue, or fraudulent representations

565

in the licensed or unlicensed practice of orthotics, prosthetics,

566

or pedorthics.

567

(l) Practicing orthotics, prosthetics, or pedorthics or

568

practicing as an orthotic fitter or an orthotic fitter assistant

569

without a licensed physician's written prescription for those

570

orthotic or pedorthic devices or prostheses that require such

571

prescription.

572

Section 11. Section 468.812, Florida Statutes, is amended

573

to read:

574

468.812 Exemptions from licensure.--

575

(1) This part act does not apply to:

576

(a) A person who is licensed under chapter 458, chapter

577

459, chapter 460, or chapter 461. This exemption does not apply

578

to a person under the supervision of the licensed person;

579

(b) A person performing services for the Federal

580

Government, if the person provides orthotic, prosthetic, or

581

pedorthic care solely under the direction or control of the

582

organization by which that person is employed;

583

584

internship experience requirements of this act;

585

(c)(d) A student, fellow, or trainee in orthotics,

586

prosthetics, or pedorthics pursuing a course of study at a

587

regionally accredited college or university or working in a

588

recognized training center or research facility, provided if the

589

activities and services are part of a regular course of study

590

under a supervisor licensed under this part act;

591

(d)(e) An instructor in a regionally accredited university

592

or college, while performing regularly assigned work under the

593

curriculum of such a school; or

594

(e)(f) A person engaged exclusively in the fabrication of

595

orthoses, pedorthic devices, or prostheses as defined in this

596

part, provided there is no patient contact fabricating, fitting,

597

or servicing of devices excluded under this act.

598

(2) This part act does not require an additional license

599

of, or regulate the practice of, any other licensed health care

600

professional whose scope of practice allows the use of devices

601

defined as orthoses, pedorthic devices, or prostheses within this

602

part within the state, or prevent a qualified member of any other

603

profession or any person employed under the supervision of such a

604

licensed professional from doing work of a nature consistent with

605

that person's training, as long as the person does not hold

606

himself or herself out to the public as a licensee under this

607

act.

608

(3) The provisions of this act relating to orthotics or

609

pedorthics do not apply to any licensed pharmacist or to any

610

person acting under the supervision of a licensed pharmacist. The

611

practice of orthotics or pedorthics by a pharmacist or any of the

612

pharmacist's employees acting under the supervision of a

613

pharmacist shall be construed to be within the meaning of the

614

term "practice of the profession of pharmacy" as set forth in s.

615

465.003(13), and shall be subject to regulation in the same

616

manner as any other pharmacy practice. The Board of Pharmacy

617

shall develop rules regarding the practice of orthotics and

618

pedorthics by a pharmacist. Any pharmacist or person under the

619

supervision of a pharmacist engaged in the practice of orthotics

620

or pedorthics shall not be precluded from continuing that

621

practice pending adoption of these rules.

622

Section 12. Section 468.813, Florida Statutes, is amended

623

to read:

624

468.813 Use of titles.--A person must be licensed or

625

registered under this part act to represent himself or herself as

626

a licensed or registered orthotist, or prosthetist, prosthetist-

627

orthotist, orthotic fitter, orthotic fitter assistant,

628

pedorthist, prosthetic resident, or orthotic resident or use in

629

connection with his or her name the words "orthotist,"

630

"prosthetist," "prosthetist-orthotist," "orthotic fitter,"

631

"orthotic fitter assistant," "pedorthist," or "resident" or

632

abbreviations, titles, or insignia indicating or suggesting that

633

he or she is able to legally provide services or devices

634

described in this part an orthotist, prosthetist, prosthetist-

635

orthotist, orthotic fitter, orthotic fitter assistant, or

636

pedorthist. The board may adopt rules relating to the allowable

637

uses and abbreviations of titles.

638

Section 13. Except as otherwise expressly provided in this

639

act, this act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.