Florida Senate - 2008 CS for SB 1696

By the Committee on Health Regulation; and Senator Baker

588-05443-08 20081696c1

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 the

composition of the Board of Orthotists and Prosthetists;

removing an 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 forms created and provided by the

Department of Health; 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 the list of materials required for submission for

biennial license renewal, including information necessary

to conduct a statewide criminal history check and payment

of associated costs; 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., or a

successor organization an approved course provider;

repealing s. 468.807, F.S., relating to the 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; 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

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prescription, whose scope of practice is limited to fitting

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prefabricated cervical orthoses not requiring more than minor

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modification and not used for the treatment of cervical fractures

103

or dislocations; custom-made and prefabricated compression

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garments pressure gradient hose; trusses; custom-molded and

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noncustom diabetic therapeutic footwear; prefabricated corset or

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

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treatment of vertebral fractures or scoliosis, rigid body jackets

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

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prefabricated orthoses of the upper and lower extremities, except

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for those used in the treatment of bone fractures and open

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diabetic ulcers.

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

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licensed to practice orthotics, pursuant to a licensed

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physician's written prescription, whose scope of practice is

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limited to fitting, without modification, prefabricated soft

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cervical orthoses not used for the treatment of cervical

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fractures or dislocations; prefabricated soft spinal supports not

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used for treatment of vertebral fractures; prefabricated

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compression garments pressure gradient hose; trusses; and soft

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prefabricated orthoses for the upper and lower extremities not

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

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

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licensed physician's written prescription, of evaluating,

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treatment formulating, measuring, designing, fabricating,

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assembling, fitting, adjusting, servicing, or providing the

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initial training necessary to accomplish the fitting of an

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orthosis or pedorthic device; however, the repair, replacement,

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adjustment, or servicing of any existing orthosis may be

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performed without an additional prescription from the patient's

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physician, unless the original prescription states otherwise. If

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a patient is under the care of a licensed occupational therapist

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or physical therapist, the orthotist must consult with the

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therapist if the therapist has requested consultation regarding

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the fitting, design, or fabrication of an orthosis or regarding

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treatment with an orthosis.

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

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orthotics pursuant to this chapter.

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

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modifications made for therapeutic purposes, nondynamic

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

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the human foot limited anatomically to that part distal to the

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

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supports; nontherapeutic accommodative inlays and nontherapeutic

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accommodative footwear, regardless of method of manufacture;

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

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

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

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

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

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design component of the shoe.

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

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licensed physician's written prescription, of evaluating,

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treatment formulating, measuring, designing, fabricating,

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assembling, fitting, adjusting, servicing, or providing the

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initial training necessary to accomplish the fitting of a

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pedorthic device; however, the repair, replacement, adjustment,

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or servicing of any existing pedorthic device may be performed

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without an additional prescription from the patient's physician,

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unless the original prescription states otherwise. If a patient

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is under the care of a licensed occupational therapist or

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physical therapist, the pedorthist must consult with the

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therapist if the therapist has requested consultation regarding

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the fitting, design, or fabrication of a pedorthic device or

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regarding treatment with a pedorthic device.

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

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pedorthics pursuant to this chapter.

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

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replace a missing appendage or other external body part,

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

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surgically implanted devices or artificial eyes; dental

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appliances; ostomy products; or cosmetic devices such as breast

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

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a significant impact on the musculoskeletal functions of the

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body.

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

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licensed physician's written prescription, of evaluating,

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treatment formulating, measuring, designing, fabricating,

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assembling, fitting, adjusting, servicing, or providing the

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initial training necessary to accomplish the fitting of a

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prosthesis, except the repair, replacement, adjustment, or

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servicing of any existing prosthesis may be performed without an

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additional prescription from the patient's physician, unless the

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original prescription states otherwise. If a patient is under the

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care of a licensed occupational therapist or physical therapist,

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the prosthetist must consult with the therapist if the therapist

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has requested consultation regarding the fitting, design, or

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fabrication of a prosthesis or regarding treatment with a

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prosthesis.

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

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prosthetics pursuant to this chapter.

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

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practice as a prosthetist and as an orthotist.

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

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orthotics or prosthetics under the supervision of a licensed

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orthotist or prosthetist as defined by the board by rule.

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

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support, correction, or alleviation of neuromuscular or

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musculoskeletal dysfunction, disease, injury, or deformity. It

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does not include devices used solely to increase comfort through

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the use of soft materials or spreading out of forces.

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

202

Florida Statutes, are amended to read:

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468.801 Board of Orthotists and Prosthetists; appointment;

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membership; terms; headquarters.--

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

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

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prosthetists prosthetist with a minimum of 3 years' clinical or

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

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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

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prosthetist with at least 6 years' experience after certification

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

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practicing orthotist with a minimum of 3 years' clinical or

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

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after receiving a Bachelor of Science degree in Orthotics and

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Prosthetics; one member must be a practicing orthotist with at

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least 6 years' experience after certification by a national

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certifying body; two members must be prosthetic or orthotic

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

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

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are not deriving economic benefit from the fitting or dispensing

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of orthotic or prosthetic devices and who have never been

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orthotists or prosthetists or members of a closely related

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profession; and one member must be a physician licensed under

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

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extensive knowledge of orthotics or prosthetics; and one member

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must be a licensed practicing orthotist, orthotic fitter, or

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pedorthist with a minimum of 3 years' clinical or practical

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experience. One of the prosthetist or orthotist members must have

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received training in pedorthics and have 3 years of pedorthic

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experience as part of his or her practice.

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

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years each and shall serve until their successors are appointed.

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

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

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

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

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Members may be reappointed for additional terms.

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

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read:

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

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

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provisions of this part act, including rules relating to

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standards of practice for orthotists, orthotic fitters, orthotic

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fitter assistants, pedorthists, prosthetists, and residents

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pedorthists.

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

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read:

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468.803 License, registration, and examination Licensure

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requirements.--

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(1) The department shall issue a license to practice

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

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resident to practice orthotics or prosthetics, to qualified

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applicants. Licenses Licensure shall be granted independently in

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

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licensed in more than one such discipline and a prosthetist-

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orthotist license may be granted to persons meeting the

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requirements for both a prosthetist and an orthotist license.

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Registrations shall be granted independently in orthotics or

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

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same time.

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(2) An applicant for registration, examination, or

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licensure must apply to the department on a form prescribed by

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the board for consideration of board approval. Each applicant

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

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and under procedures specified by the department, along with

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payment in an amount equal to the costs incurred by the

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department for state and national criminal history checks of the

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applicant. The department shall submit the fingerprints provided

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by an applicant to the Department of Law Enforcement for a

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statewide criminal history check, and the Department of Law

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Enforcement shall forward the fingerprints to the Federal Bureau

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of Investigation for a national criminal history check of the

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applicant. The board shall screen the results to determine if an

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applicant meets licensure requirements. The board shall consider

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for examination, registration, or licensure it in order to take

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the appropriate licensure examination, including a practical

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examination demonstrating clinical patient management, when

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appropriate, and written examinations, one of which demonstrates

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orthotic, prosthetic, or pedorthic problem-solving skills. The

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board may accept the examination results of a national orthotic,

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prosthetic, or pedorthic standards organization in lieu of

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administering the state examination. In such cases, the

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department shall set fees appropriate to the level of

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practitioner and shall examine each applicant who the board

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verifies:

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(a) Has submitted the completed the application and the

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fingerprint forms form and has paid the applicable an application

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fee, not to exceed $500, and the cost of the state and national

290

criminal history checks. The application fee and cost of the

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criminal history checks which shall be nonrefundable, an

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examination fee and the actual per applicant costs to the

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department for purchase or development of the examination, and a

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license fee not to exceed $500;

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(b) Is of good moral character;

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(d) Has completed the appropriate educational preparation,

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including practical training requirements; and

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(e) Has successfully completed an appropriate clinical

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internship in the professional area for which the license is

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sought.

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

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prosthetics experience in this state must be approved by the

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

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

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

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issuance of the first registration. Notwithstanding subsection

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

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registered by the department in one practice field may apply for

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registration in the second practice field without an additional

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state or national criminal history check during the period in

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which the first registration is valid. Each registration is valid

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for 2 years from the date of issuance unless otherwise revoked by

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the department upon recommendation of the board. The board shall

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

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applicant. A registration may be renewed once by the department

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

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

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registration renewal fee shall not exceed one-half the current

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

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registration as a resident, the applicant must have:

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

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degree in Orthotics and Prosthetics from a regionally accredited

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college or university recognized by the Commission on

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Accreditation of Allied Health Education Programs or, at a

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

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or university and a certificate in orthotics from a program

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recognized by the Commission on Accreditation of Allied Health

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Education Programs, or its equivalent, as determined by the

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board; or

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

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degree in Orthotics and Prosthetics from a regionally accredited

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college or university recognized by the Commission on

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Accreditation of Allied Health Education Programs or, at a

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

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or university and a certificate in prosthetics from a program

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recognized by the Commission on Accreditation of Allied Health

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Education Programs, or its equivalent, as determined by the

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board.

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(4) The department may develop and administer a state

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examination for an orthotist or a prosthetist license, or the

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board may approve the existing examination of a national

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standards organization. The examination must be predicated on a

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minimum of a baccalaureate-level education and formalized

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specialized training in the appropriate field. Each examination

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must demonstrate a minimum level of competence in basic

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scientific knowledge, written problem solving, and practical

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clinical patient management. The board shall require an

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

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developing, administering, and approving the examination, which

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

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for examination, the applicant must have:

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(a) For an examination in orthotics:

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1. A Bachelor of Science or higher-level postgraduate

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degree in Orthotics and Prosthetics from a regionally accredited

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college or university recognized by the Commission on

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Accreditation of Allied Health Education Programs or, at a

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

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or university and a certificate in orthotics from a program

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recognized by the Commission on Accreditation of Allied Health

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Education Programs, or its equivalent, as determined by the

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board; and

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2. An approved orthotics internship of 1 year of qualified

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

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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

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degree in Orthotics and Prosthetics from a regionally accredited

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college or university recognized by the Commission on

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Accreditation of Allied Health Education Programs or, at a

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

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or university and a certificate in prosthetics from a program

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recognized by the Commission on Accreditation of Allied Health

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Education Programs, or its equivalent, as determined by the

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board; and

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2. An approved prosthetics internship of 1 year of

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

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residency program recognized by the board.

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

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to be licensed as:

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

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to exceed $500 and must have:

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1. A Bachelor of Science or higher-level postgraduate

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degree in Orthotics and Prosthetics from a regionally accredited

385

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

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in orthotics from a program recognized by the Commission on

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Accreditation of Allied Health Education Programs, or its

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equivalent, as determined by the board; and

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2. An appropriate internship of 1 year of qualified

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

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recognized by the board;

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3. Completed the mandatory courses; and

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4. Passed the state orthotics examination or the board-

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approved orthotics examination.

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

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to exceed $500 and must have:

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1. A Bachelor of Science or higher-level postgraduate

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degree in Orthotics and Prosthetics from a regionally accredited

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

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in prosthetics from a program recognized by the Commission on

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Accreditation of Allied Health Education Programs, or its

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equivalent, as determined by the board; and

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

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

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board;

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3. Completed the mandatory courses; and

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4. Passed the state prosthetics examination or the board-

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approved prosthetics examination.

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fee not to exceed $500 and must have:

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1. A high school diploma or its equivalent;

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2. A minimum of 40 hours of training in orthotics

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education, as approved by the board; and

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3. Two years of supervised experience in orthotics acquired

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after completion of the required education, as approved by the

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board; and

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4. Completed the mandatory courses.

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

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license fee not to exceed $500 and must have:

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1. A high school diploma or its equivalent; and

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2. A minimum of 40 hours of training in orthotics

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education, as approved by the board; and

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3. Completed the mandatory courses.

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

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to exceed $500 and must have:

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1. A high school diploma or its equivalent;

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

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board; and

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3. An internship of 80 hours of qualified working

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experience, as determined by the board; and

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4. Completed the mandatory courses.

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

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read:

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468.806 Biennial renewal of license.--

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

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the required documentation, renewal application, and renewal fee,

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

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license renewal must submit information necessary to conduct a

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statewide criminal history check along with payment in an amount

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equal to the costs incurred by the department for a statewide

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criminal history check. The department shall submit the required

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information for a statewide criminal history check of the

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applicant to the Department of Law Enforcement.

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(2) The board shall adopt rules establishing a procedure

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for the biennial license renewal.

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(3) The board may by rule prescribe continuing education

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requirements and approve course criteria, not to exceed 30 hours

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

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establish by rule mandatory courses to safeguard the welfare of

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the public and licensed practitioners, standards and

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qualifications for continuing education courses, standards and

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qualifications for course providers, and a procedure for

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approving continuing education courses and providers, and shall

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may set a fee for continuing education course and provider

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approval. The Florida Association of Orthotists and Prosthetists,

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Inc., or a successor organization shall be deemed an approved

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provider of continuing education courses, including mandatory

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courses, that meet the criteria established in this subsection.

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

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

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Florida Statutes, is amended to read:

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

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practice orthotics, prosthetics, or pedorthics in this state.

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However, a licensed orthotist, prosthetist, or pedorthist may

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delegate duties, not to include patient evaluation, treatment

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

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use, to nonlicensed support supportive personnel. All other

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delegated if those duties must be are performed under the direct

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

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

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support personnel must be identified as such by wearing an

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

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instances the supervising licensee is responsible for all acts

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performed by such persons.

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

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read:

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468.809 Prohibitions; penalties.--

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(1) A person may not:

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(a) Make a false or fraudulent statement in any

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

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any proceeding before the board.

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(b) Practice orthotics, prosthetics, or pedorthics without

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a license or registration issued pursuant to this part act unless

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otherwise exempt.

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

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commits a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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

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Florida Statutes, is created to read:

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468.8095 Practitioner and resident identification.--

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(1) A licensee or person registered with the department

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shall post a license or registration and a recent photograph of

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the licensee or registrant at each facility where patients are

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

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

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the licensee or registrant may visit and normally does not treat

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patients. The posted license or registration must be valid.

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(2) A licensee or person registered with the department

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shall post in close proximity to the posted license or

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registration a notice stating the department's Consumer Services

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

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

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substandard practice by contacting the Consumer Services Unit. A

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single notice may be used for multiple licensees or registrants

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in a facility.

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(3) During patient contact, each licensee or person

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registered with the department shall prominently wear an

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

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

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registrant. The size and appearance of the identification tag or

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

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

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license numbers. Licensees or registrants working in facilities

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requiring the wearing of a specific identification tag may

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substitute the identification tag or badge required by this

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

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

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Statutes, is amended to read:

519

468.811 Disciplinary proceedings.--

520

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

521

registration or license or for disciplinary action, as specified

522

in s. 456.072(2):

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(a) Attempting to procure a license by fraudulent

524

misrepresentation.

525

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

526

pedorthics revoked, suspended, or otherwise acted against,

527

including the denial of licensure in another state or

528

jurisdiction.

529

530

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

531

crime that directly relates to the practice of orthotics,

532

prosthetics, or pedorthics, including violations of federal laws

533

or regulations regarding orthotics, prosthetics, or pedorthics.

534

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

535

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

536

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

537

willfully impeding or obstructing such filing;, or inducing

538

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

539

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

540

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

541

act.

542

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

543

deceptive, or misleading manner.

544

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

545

department previously entered in a disciplinary hearing or

546

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

547

department.

548

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

549

license.

550

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

551

orthotic, prosthetic, or pedorthic services with that level of

552

care and skill which is recognized by a reasonably prudent

553

licensed practitioner with similar professional training as being

554

acceptable under similar conditions and circumstances.

555

(i) Failing to provide written notice of any applicable

556

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

557

provided to a patient.

558

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

559

or any rules adopted pursuant thereto.

560

(k) Making deceptive, untrue, or fraudulent representations

561

in the licensed or unlicensed practice of orthotics, prosthetics,

562

or pedorthics.

563

(l) Practicing orthotics, prosthetics, or pedorthics or

564

practicing as an orthotic fitter or an orthotic fitter assistant

565

without a licensed physician's written prescription. The repair,

566

replacement, adjustment, or servicing of any existing orthosis

567

may be performed without an additional prescription from the

568

patient's physician, unless the original prescription states

569

otherwise.

570

Section 11. Section 468.812, Florida Statutes, is amended

571

to read:

572

468.812 Exemptions from licensure.--

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(1) This part act does not apply to:

574

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

575

459, chapter 460, or chapter 461;

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(b) A person performing services for the Federal

577

Government, if the person provides orthotic, prosthetic, or

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pedorthic care solely under the direction or control of the

579

organization by which that person is employed;

580

581

internship experience requirements of this act;

582

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

583

prosthetics, or pedorthics pursuing a course of study at a

584

regionally accredited college or university or working in a

585

recognized training center or research facility, provided if the

586

activities and services are part of a regular course of study

587

under a supervisor licensed under this part act;

588

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

589

or college, while performing regularly assigned work under the

590

curriculum of such a school; or

591

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

592

orthoses, pedorthic devices, or prostheses as defined in this

593

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

594

or servicing of devices excluded under this act.

595

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

596

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

597

professional within the state, or prevent a qualified member of

598

any other profession or any person employed under the supervision

599

of such a licensed professional from doing work of a nature

600

consistent with that person's training, as long as the person

601

does not hold himself or herself out to the public as a licensee

602

under this act.

603

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

604

pedorthics do not apply to any licensed pharmacist or to any

605

person acting under the supervision of a licensed pharmacist. The

606

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

607

pharmacist's employees acting under the supervision of a

608

pharmacist shall be construed to be within the meaning of the

609

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

610

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

611

manner as any other pharmacy practice. The Board of Pharmacy

612

shall develop rules regarding the practice of orthotics and

613

pedorthics by a pharmacist. Any pharmacist or person under the

614

supervision of a pharmacist engaged in the practice of orthotics

615

or pedorthics shall not be precluded from continuing that

616

practice pending adoption of these rules.

617

Section 12. Section 468.813, Florida Statutes, is amended

618

to read:

619

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

620

registered under this part act to represent himself or herself as

621

a licensed or registered orthotist, or prosthetist, prosthetist-

622

orthotist, orthotic fitter, orthotic fitter assistant,

623

pedorthist, prosthetic resident, or orthotic resident or use in

624

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

625

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

626

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

627

abbreviations, titles, or insignia indicating or suggesting that

628

he or she is able to legally provide services or devices

629

described in this part an orthotist, prosthetist, prosthetist-

630

orthotist, orthotic fitter, orthotic fitter assistant, or

631

pedorthist.

632

Section 13. Except as otherwise expressly provided in this

633

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

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