CS for CS for SB 1696 First Engrossed (ntc)

20081696e1

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; 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

prescription, whose scope of practice is limited to fitting

prefabricated cervical orthoses not requiring more than minor

100

modification and not used for the treatment of cervical fractures

101

or dislocations; custom-made and prefabricated compression

102

garments pressure gradient hose; trusses; custom-molded and

103

noncustom diabetic therapeutic footwear; prefabricated corset or

104

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

105

treatment of vertebral fractures or scoliosis, rigid body jackets

106

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

107

prefabricated orthoses of the upper and lower extremities, except

108

for those used in the treatment of bone fractures and open

109

diabetic ulcers.

110

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

111

licensed to practice orthotics, pursuant to a licensed

112

physician's written prescription, whose scope of practice is

113

limited to fitting, without modification, prefabricated soft

114

cervical orthoses not used for the treatment of cervical

115

fractures or dislocations; prefabricated soft spinal supports not

116

used for treatment of vertebral fractures; prefabricated

117

compression garments pressure gradient hose; trusses; and soft

118

prefabricated orthoses for the upper and lower extremities not

119

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

120

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

121

licensed physician's written prescription, of evaluating,

122

treatment formulating, measuring, designing, fabricating,

123

assembling, fitting, adjusting, servicing, or providing the

124

initial training necessary to accomplish the fitting of an

125

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

126

adjustment, or servicing of any existing orthosis may be

127

performed without an additional prescription from the patient's

128

physician, unless the original prescription states otherwise. If

129

a patient is under the care of a licensed occupational therapist

130

or physical therapist, the orthotist must consult with the

131

therapist if the therapist has requested consultation regarding

132

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

133

treatment with an orthosis.

134

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

135

orthotics pursuant to this chapter.

136

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

137

modifications made for therapeutic purposes, nondynamic

138

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

139

the human foot limited anatomically to that part distal to the

140

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

141

supports; nontherapeutic accommodative inlays and nontherapeutic

142

accommodative footwear, regardless of method of manufacture;

143

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

144

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

145

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

146

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

147

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

148

design component of the shoe.

149

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

150

licensed physician's written prescription, of evaluating,

151

treatment formulating, measuring, designing, fabricating,

152

assembling, fitting, adjusting, servicing, or providing the

153

initial training necessary to accomplish the fitting of a

154

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

155

or servicing of any existing pedorthic device may be performed

156

without an additional prescription from the patient's physician,

157

unless the original prescription states otherwise. If a patient

158

is under the care of a licensed occupational therapist or

159

physical therapist, the pedorthist must consult with the

160

therapist if the therapist has requested consultation regarding

161

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

162

regarding treatment with a pedorthic device.

163

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

164

pedorthics pursuant to this chapter.

165

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

166

replace a missing appendage or other external body part,

167

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

168

surgically implanted devices or artificial eyes; dental

169

appliances; ostomy products; or cosmetic devices such as breast

170

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

171

a significant impact on the musculoskeletal functions of the

172

body.

173

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

174

licensed physician's written prescription, of evaluating,

175

treatment formulating, measuring, designing, fabricating,

176

assembling, fitting, adjusting, servicing, or providing the

177

initial training necessary to accomplish the fitting of a

178

prosthesis, except the repair, replacement, adjustment, or

179

servicing of any existing prosthesis may be performed without an

180

additional prescription from the patient's physician, unless the

181

original prescription states otherwise. If a patient is under the

182

care of a licensed occupational therapist or physical therapist,

183

the prosthetist must consult with the therapist if the therapist

184

has requested consultation regarding the fitting, design, or

185

fabrication of a prosthesis or regarding treatment with a

186

prosthesis.

187

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

188

prosthetics pursuant to this chapter.

189

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

190

practice as a prosthetist and as an orthotist.

191

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

192

orthotics or prosthetics under the supervision of a licensed

193

orthotist or prosthetist as defined by the board by rule.

194

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

195

support, correction, or alleviation of neuromuscular or

196

musculoskeletal dysfunction, disease, injury, or deformity. It

197

does not include devices used solely to increase comfort through

198

the use of soft materials or spreading out of forces.

199

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

200

Florida Statutes, are amended to read:

201

468.801 Board of Orthotists and Prosthetists; appointment;

202

membership; terms; headquarters.--

203

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

204

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

205

prosthetists prosthetist with a minimum of 3 years' clinical or

206

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

207

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

208

Orthotics and Prosthetics; one member must be a practicing

209

prosthetist with at least 6 years' experience after certification

210

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

211

practicing orthotist with a minimum of 3 years' clinical or

212

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

213

after receiving a Bachelor of Science degree in Orthotics and

214

Prosthetics; one member must be a practicing orthotist with at

215

least 6 years' experience after certification by a national

216

certifying body; two members must be prosthetic or orthotic

217

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

218

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

219

are not deriving economic benefit from the fitting or dispensing

220

of orthotic or prosthetic devices and who have never been

221

orthotists or prosthetists or members of a closely related

222

profession; and one member must be a physician licensed under

223

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

224

extensive knowledge of orthotics or prosthetics; and one member

225

must be a licensed practicing orthotist, orthotic fitter, or

226

pedorthist with a minimum of 3 years' clinical or practical

227

experience. One of the prosthetist or orthotist members must have

228

received training in pedorthics and have 3 years of pedorthic

229

experience as part of his or her practice.

230

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

231

years each and shall serve until their successors are appointed.

232

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

233

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

234

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

235

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

236

Members may be reappointed for additional terms.

237

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

238

read:

239

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

240

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

241

provisions of this part act, including rules relating to

242

standards of practice for orthotists, orthotic fitters, orthotic

243

fitter assistants, pedorthists, prosthetists, and residents

244

pedorthists.

245

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

246

read:

247

468.803 License, registration, and examination Licensure

248

requirements.--

249

(1) The department shall issue a license to practice

250

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

251

resident to practice orthotics or prosthetics, to qualified

252

applicants. Licenses Licensure shall be granted independently in

253

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

254

licensed in more than one such discipline and a prosthetist-

255

orthotist license may be granted to persons meeting the

256

requirements for both a prosthetist and an orthotist license.

257

Registrations shall be granted independently in orthotics or

258

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

259

same time.

260

(2) An applicant for registration, examination, or

261

licensure must apply to the department on a form prescribed by

262

the board for consideration of board approval. Each initial

263

applicant shall submit a set of fingerprints to the department on

264

a form and under procedures specified by the department, along

265

with payment in an amount equal to the costs incurred by the

266

department for state and national criminal history checks of the

267

applicant. The department shall submit the fingerprints provided

268

by an applicant to the Department of Law Enforcement for a

269

statewide criminal history check, and the Department of Law

270

Enforcement shall forward the fingerprints to the Federal Bureau

271

of Investigation for a national criminal history check of the

272

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

273

applicant meets licensure requirements. The board shall consider

274

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

275

the appropriate licensure examination, including a practical

276

examination demonstrating clinical patient management, when

277

appropriate, and written examinations, one of which demonstrates

278

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

279

board may accept the examination results of a national orthotic,

280

prosthetic, or pedorthic standards organization in lieu of

281

administering the state examination. In such cases, the

282

department shall set fees appropriate to the level of

283

practitioner and shall examine each applicant who the board

284

verifies:

285

(a) Has submitted the completed the application and the

286

fingerprint forms form and has paid the applicable an application

287

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

288

criminal history checks. The application fee and cost of the

289

criminal history checks which shall be nonrefundable, an

290

examination fee and the actual per applicant costs to the

291

department for purchase or development of the examination, and a

292

license fee not to exceed $500;

293

(b) Is of good moral character;

294

295

(d) Has completed the appropriate educational preparation,

296

including practical training requirements; and

297

(e) Has successfully completed an appropriate clinical

298

internship in the professional area for which the license is

299

sought.

300

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

301

prosthetics experience in this state must be approved by the

302

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

303

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

304

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

305

issuance of the first registration. Notwithstanding subsection

306

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

307

registered by the department in one practice field may apply for

308

registration in the second practice field without an additional

309

state or national criminal history check during the period in

310

which the first registration is valid. Each registration is valid

311

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

312

the department upon recommendation of the board. The board shall

313

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

314

applicant. A registration may be renewed once by the department

315

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

316

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

317

registration renewal fee shall not exceed one-half the current

318

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

319

registration as a resident, the applicant must have:

320

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

321

degree in Orthotics and Prosthetics from a regionally accredited

322

college or university recognized by the Commission on

323

Accreditation of Allied Health Education Programs or, at a

324

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

325

or university and a certificate in orthotics from a program

326

recognized by the Commission on Accreditation of Allied Health

327

Education Programs, or its equivalent, as determined by the

328

board; or

329

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

330

degree in Orthotics and Prosthetics from a regionally accredited

331

college or university recognized by the Commission on

332

Accreditation of Allied Health Education Programs or, at a

333

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

334

or university and a certificate in prosthetics from a program

335

recognized by the Commission on Accreditation of Allied Health

336

Education Programs, or its equivalent, as determined by the

337

board.

338

(4) The department may develop and administer a state

339

examination for an orthotist or a prosthetist license, or the

340

board may approve the existing examination of a national

341

standards organization. The examination must be predicated on a

342

minimum of a baccalaureate-level education and formalized

343

specialized training in the appropriate field. Each examination

344

must demonstrate a minimum level of competence in basic

345

scientific knowledge, written problem solving, and practical

346

clinical patient management. The board shall require an

347

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

348

developing, administering, and approving the examination, which

349

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

350

for examination, the applicant must have:

351

(a) For an examination in orthotics:

352

1. A Bachelor of Science or higher-level postgraduate

353

degree in Orthotics and Prosthetics from a regionally accredited

354

college or university recognized by the Commission on

355

Accreditation of Allied Health Education Programs or, at a

356

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

357

or university and a certificate in orthotics from a program

358

recognized by the Commission on Accreditation of Allied Health

359

Education Programs, or its equivalent, as determined by the

360

board; and

361

2. An approved orthotics internship of 1 year of qualified

362

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

363

program recognized by the board.

364

(b) For an examination in prosthetics:

365

1. A Bachelor of Science or higher-level postgraduate

366

degree in Orthotics and Prosthetics from a regionally accredited

367

college or university recognized by the Commission on

368

Accreditation of Allied Health Education Programs or, at a

369

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

370

or university and a certificate in prosthetics from a program

371

recognized by the Commission on Accreditation of Allied Health

372

Education Programs, or its equivalent, as determined by the

373

board; and

374

2. An approved prosthetics internship of 1 year of

375

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

376

residency program recognized by the board.

377

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

378

to be licensed as:

379

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

380

to exceed $500 and must have:

381

1. A Bachelor of Science or higher-level postgraduate

382

degree in Orthotics and Prosthetics from a regionally accredited

383

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

384

in orthotics from a program recognized by the Commission on

385

Accreditation of Allied Health Education Programs, or its

386

equivalent, as determined by the board; and

387

2. An appropriate internship of 1 year of qualified

388

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

389

recognized by the board;

390

3. Completed the mandatory courses; and

391

4. Passed the state orthotics examination or the board-

392

approved orthotics examination.

393

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

394

to exceed $500 and must have:

395

1. A Bachelor of Science or higher-level postgraduate

396

degree in Orthotics and Prosthetics from a regionally accredited

397

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

398

in prosthetics from a program recognized by the Commission on

399

Accreditation of Allied Health Education Programs, or its

400

equivalent, as determined by the board; and

401

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

402

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

403

board;

404

3. Completed the mandatory courses; and

405

4. Passed the state prosthetics examination or the board-

406

approved prosthetics examination.

407

408

fee not to exceed $500 and must have:

409

1. A high school diploma or its equivalent;

410

2. A minimum of 40 hours of training in orthotics

411

education, as approved by the board; and

412

3. Two years of supervised experience in orthotics acquired

413

after completion of the required education, as approved by the

414

board; and

415

4. Completed the mandatory courses.

416

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

417

license fee not to exceed $500 and must have:

418

1. A high school diploma or its equivalent; and

419

2. A minimum of 40 hours of training in orthotics

420

education, as approved by the board; and

421

3. Completed the mandatory courses.

422

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

423

to exceed $500 and must have:

424

1. A high school diploma or its equivalent;

425

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

426

board; and

427

3. An internship of 80 hours of qualified working

428

experience, as determined by the board; and

429

4. Completed the mandatory courses.

430

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

431

read:

432

468.806 Biennial renewal of license.--

433

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

434

the required documentation, renewal application, and renewal fee,

435

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

436

license renewal must submit information necessary to conduct a

437

statewide criminal history check along with payment in an amount

438

equal to the costs incurred by the department for a statewide

439

criminal history check. The department shall submit the required

440

information for a statewide criminal history check of the

441

applicant to the Department of Law Enforcement.

442

(2) The board shall adopt rules establishing a procedure

443

for the biennial license renewal.

444

(3) The board may by rule prescribe continuing education

445

requirements and approve course criteria, not to exceed 30 hours

446

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

447

establish by rule mandatory courses to safeguard the welfare of

448

the public and licensed practitioners, standards and

449

qualifications for continuing education courses, standards and

450

qualifications for course providers, and a procedure for

451

approving continuing education courses and providers, and shall

452

may set a fee for continuing education course and provider

453

approval.

454

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

455

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

456

Florida Statutes, is amended to read:

457

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

458

practice orthotics, prosthetics, or pedorthics in this state.

459

However, a licensed orthotist, prosthetist, or pedorthist may

460

delegate duties, not to include patient evaluation, treatment

461

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

462

use, to nonlicensed support supportive personnel. All other

463

delegated if those duties must be are performed under the direct

464

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

465

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

466

support personnel must be identified as such by wearing an

467

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

468

instances the supervising licensee is responsible for all acts

469

performed by such persons.

470

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

471

read:

472

468.809 Prohibitions; penalties.--

473

(1) A person may not:

474

(a) Make a false or fraudulent statement in any

475

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

476

any proceeding before the board.

477

(b) Practice orthotics, prosthetics, or pedorthics without

478

a license or registration issued pursuant to this part act unless

479

otherwise exempt.

480

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

481

commits a misdemeanor of the second degree, punishable as

482

provided in s. 775.082 or s. 775.083.

483

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

484

Florida Statutes, is created to read:

485

468.8095 Practitioner and resident identification.--

486

(1) A licensee or person registered with the department

487

shall post a license or registration and a recent photograph of

488

the licensee or registrant at each facility where patients are

489

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

490

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

491

the licensee or registrant may visit and normally does not treat

492

patients. The posted license or registration must be valid.

493

(2) A licensee or person registered with the department

494

shall post in close proximity to the posted license or

495

registration a notice stating the department's Consumer Services

496

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

497

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

498

substandard practice by contacting the Consumer Services Unit. A

499

single notice may be used for multiple licensees or registrants

500

in a facility.

501

(3) During patient contact, each licensee or person

502

registered with the department shall prominently wear an

503

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

504

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

505

registrant. The size and appearance of the identification tag or

506

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

507

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

508

license numbers. Licensees or registrants working in facilities

509

requiring the wearing of a specific identification tag may

510

substitute the identification tag or badge required by this

511

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

512

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

513

Statutes, is amended to read:

514

468.811 Disciplinary proceedings.--

515

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

516

registration or license or for disciplinary action, as specified

517

in s. 456.072(2):

518

(a) Attempting to procure a license by fraudulent

519

misrepresentation.

520

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

521

pedorthics revoked, suspended, or otherwise acted against,

522

including the denial of licensure in another state or

523

jurisdiction.

524

525

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

526

crime that directly relates to the practice of orthotics,

527

prosthetics, or pedorthics, including violations of federal laws

528

or regulations regarding orthotics, prosthetics, or pedorthics.

529

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

530

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

531

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

532

willfully impeding or obstructing such filing;, or inducing

533

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

534

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

535

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

536

act.

537

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

538

deceptive, or misleading manner.

539

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

540

department previously entered in a disciplinary hearing or

541

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

542

department.

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

544

license.

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

546

orthotic, prosthetic, or pedorthic services with that level of

547

care and skill which is recognized by a reasonably prudent

548

licensed practitioner with similar professional training as being

549

acceptable under similar conditions and circumstances.

550

(i) Failing to provide written notice of any applicable

551

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

552

provided to a patient.

553

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

554

or any rules adopted pursuant thereto.

555

(k) Making deceptive, untrue, or fraudulent representations

556

in the licensed or unlicensed practice of orthotics, prosthetics,

557

or pedorthics.

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(l) Practicing orthotics, prosthetics, or pedorthics or

559

practicing as an orthotic fitter or an orthotic fitter assistant

560

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

561

replacement, adjustment, or servicing of any existing orthosis

562

may be performed without an additional prescription from the

563

patient's physician, unless the original prescription states

564

otherwise.

565

Section 11. Section 468.812, Florida Statutes, is amended

566

to read:

567

468.812 Exemptions from licensure.--

568

(1) This part act does not apply to:

569

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

570

459, chapter 460, or chapter 461;

571

(b) A person performing services for the Federal

572

Government, if the person provides orthotic, prosthetic, or

573

pedorthic care solely under the direction or control of the

574

organization by which that person is employed;

575

576

internship experience requirements of this act;

577

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

578

prosthetics, or pedorthics pursuing a course of study at a

579

regionally accredited college or university or working in a

580

recognized training center or research facility, provided if the

581

activities and services are part of a regular course of study

582

under a supervisor licensed under this part act;

583

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

584

or college, while performing regularly assigned work under the

585

curriculum of such a school; or

586

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

587

orthoses, pedorthic devices, or prostheses as defined in this

588

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

589

or servicing of devices excluded under this act.

590

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

591

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

592

professional within the state, or prevent a qualified member of

593

any other profession or any person employed under the supervision

594

of such a licensed professional from doing work of a nature

595

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

596

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

597

under this act.

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

599

pedorthics do not apply to any licensed pharmacist or to any

600

person acting under the supervision of a licensed pharmacist. The

601

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

602

pharmacist's employees acting under the supervision of a

603

pharmacist shall be construed to be within the meaning of the

604

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

605

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

606

manner as any other pharmacy practice. The Board of Pharmacy

607

shall develop rules regarding the practice of orthotics and

608

pedorthics by a pharmacist. Any pharmacist or person under the

609

supervision of a pharmacist engaged in the practice of orthotics

610

or pedorthics shall not be precluded from continuing that

611

practice pending adoption of these rules.

612

Section 12. Section 468.813, Florida Statutes, is amended

613

to read:

614

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

615

registered under this part act to represent himself or herself as

616

a licensed or registered orthotist, or prosthetist, prosthetist-

617

orthotist, orthotic fitter, orthotic fitter assistant,

618

pedorthist, prosthetic resident, or orthotic resident or use in

619

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

620

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

621

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

622

abbreviations, titles, or insignia indicating or suggesting that

623

he or she is able to legally provide services or devices

624

described in this part an orthotist, prosthetist, prosthetist-

625

orthotist, orthotic fitter, orthotic fitter assistant, or

626

pedorthist.

627

Section 13. Except as otherwise expressly provided in this

628

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

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