HB 607

1	A bill to be entitled
2	An act relating to orthotics, prosthetics, and pedorthics;
3	amending s. 468.80, F.S.; providing and revising
4	definitions; amending s. 468.801, F.S.; changing
5	composition of the Board of Orthotists and Prosthetists;
6	removing obsolete requirement for initial staggering of
7	terms; amending s. 468.802, F.S.; expanding the authority
8	for rule adoption to include standards of practice for
9	orthotic fitters, orthotic fitter assistants, and
10	residents; amending s. 468.803, F.S.; providing for
11	registration for a resident to practice orthotics or
12	prosthetics; authorizing licensure as a prosthetist-
13	orthotist; providing requirements for such licensure;
14	requiring applicants for registration, examination, or
15	licensure to apply on Department of Health forms;
16	requiring applicants to submit fingerprints and a fee to
17	cover department costs for criminal background checks;
18	requiring board verification of certain information prior
19	to an applicant's examination, registration, or licensure;
20	providing requirements for registration as a resident in
21	orthotics or prosthetics; providing for registration and
22	renewal fees for registration; authorizing either the
23	Department of Health to develop and administer a state
24	examination for an orthotist or prosthetist license or the
25	board to approve an existing examination of a national
26	standards organization; providing examination
27	requirements; authorizing examination fees; delineating
28	applicant qualifications for examination; delineating
29	requirements for licensure and licensure fees for an
30	orthotist, a prosthetist, an orthotic fitter, an orthotic
31	fitter assistant, and a pedorthist; amending s. 468.806,
32	F.S.; revising materials required for submission for
33	biennial license renewal, including information necessary
34	to conduct a statewide criminal history check and payment
35	of costs therefor; requiring certain mandatory courses,
36	standards and qualifications for continuing education
37	courses, and standards and qualifications for course
38	providers to be established by rule; deeming the Florida
39	Association of Orthotists and Prosthetists, Inc., an
40	approved course provider; repealing s. 468.807, F.S.,
41	relating to issuance of a temporary license; amending s.
42	468.808, F.S.; revising duties that can be delegated to
43	unlicensed support personnel; providing requirements for
44	support personnel identification; amending s. 468.809,
45	F.S.; including the practice of orthotics, prosthetics, or
46	pedorthics without registration in certain prohibitions;
47	providing penalties; creating s. 468.8095, F.S.; requiring
48	licensees and registrants to post licenses, registrations,
49	recent photographs, and certain notices in a facility and
50	to wear certain identification tags or badges; amending s.
51	468.811, F.S.; revising grounds for denial of a license or
52	disciplinary action; providing grounds for denial of
53	registration; amending s. 468.812, F.S.; revising
54	provisions exempting certain persons from licensure;
55	amending s. 468.813, F.S.; revising requirements regarding
56	use of titles; authorizing adoption of rules by the board;
57	providing effective dates.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Section 468.80, Florida Statutes, is amended to
62	read:
63	468.80  Definitions.--As used in this part act, the term:
64	(1)  "Agency" means the Agency for Health Care
65	Administration.
66	(2)  "Board" means the Board of Orthotists and
67	Prosthetists.
68	(3)  "Department" means the Department of Health.
69	(4)  "Internship" means a program in which a person
70	receives clinical experience under the supervision of a licensed
71	orthotist or prosthetist as defined by the board by rule.
72	(5)  "Mandatory courses" means continuing education courses
73	that the board has defined by rule and required for license
74	issuance or renewal.
75	(6)(4)  "Orthosis" means any a medical device used to
76	provide support, correction, or alleviation of neuromuscular or
77	musculoskeletal dysfunction, disease, injury, or deformity, but
78	does not include the following assistive technology devices:
79	upper extremity adaptive equipment used to facilitate the
80	activities of daily living, including specialized utensils,
81	combs, and brushes; finger splints; wheelchair seating and
82	equipment that is an integral part of the wheelchair and not
83	worn by the patient; elastic abdominal supports that do not have
84	metal or plastic reinforcing stays; nontherapeutic arch
85	supports; nontherapeutic accommodative inlays and nontherapeutic
86	accommodative footwear, regardless of method of manufacture;
87	unmodified, over-the-counter nontherapeutic shoes; prefabricated
88	nontherapeutic foot care products; durable medical equipment
89	such as canes, crutches, or walkers; dental appliances; or
90	devices implanted into the body by a physician. For purposes of
91	this subsection, "accommodative" means designed with the primary
92	goal of conforming to the individual's anatomy, and "inlay"
93	means any removable material upon which the foot directly rests
94	inside the shoe and which may be an integral design component of
95	the shoe, and "musculoskeletal" and "neuromuscular" mean the
96	systems of the body providing support and movement and include
97	the skeletal, muscular, circulatory, nervous, and integumentary
98	systems.
99	(7)(5)  "Orthotic fitter" means a person who is licensed to
100	practice orthotics, pursuant to a licensed physician's written
101	prescription, whose scope of practice is limited to fitting
102	prefabricated cervical orthoses not requiring more than minor
103	modification and not used for the treatment of cervical
104	fractures or dislocations; custom-made and prefabricated
105	compression garments pressure gradient hose; trusses; custom-
106	molded and noncustom diabetic therapeutic footwear;
107	prefabricated corset or frame-type spinal orthoses, except for
108	those used in the treatment of vertebral fractures or scoliosis,
109	rigid body jackets made of thermoformable materials, and "halo"
110	devices; and prefabricated orthoses of the upper and lower
111	extremities, except for those used in the treatment of bone
112	fractures and open diabetic ulcers. The board may further
113	describe the scope of practice by rule using nationally
114	recognized descriptor codes.
115	(8)(6)  "Orthotic fitter assistant" means a person who is
116	licensed to practice orthotics, pursuant to a licensed
117	physician's written prescription, whose scope of practice is
118	limited to fitting, without modification, prefabricated soft
119	cervical orthoses not used for the treatment of cervical
120	fractures or dislocations; prefabricated soft spinal supports
121	not used for treatment of vertebral fractures; prefabricated
122	compression garments pressure gradient hose; trusses; and soft
123	prefabricated orthoses for the upper and lower extremities not
124	used in the treatment of bone fractures and open diabetic
125	ulcers. The board may further describe the scope of practice by
126	rule using nationally recognized descriptor codes.
127	(9)(7)  "Orthotics" means the practice, pursuant to a
128	licensed physician's written prescription, of evaluating,
129	treatment formulating, measuring, designing, fabricating,
130	assembling, fitting, adjusting, servicing, or providing the
131	initial training necessary to accomplish the fitting of an
132	orthosis or pedorthic device.; however, The repair, replacement,
133	adjustment, or servicing of any existing orthosis may be
134	performed without an additional prescription from the patient's
135	physician, unless the original prescription states otherwise.
136	The board may further describe the scope of practice by rule
137	using nationally recognized descriptor codes. If a patient is
138	under the care of a licensed occupational therapist or physical
139	therapist, the orthotist must consult with the therapist if the
140	therapist has requested consultation regarding the fitting,
141	design, or fabrication of an orthosis or regarding treatment
142	with an orthosis.
143	(10)(8)  "Orthotist" means a person licensed to practice
144	orthotics pursuant to this chapter.
145	(11)(9)  "Pedorthic device" means therapeutic shoes, shoe
146	modifications made for therapeutic purposes, nondynamic
147	prosthetic fillers of the forefoot, and foot orthoses for use on
148	the human foot limited anatomically to that part distal to the
149	maleoli from the ankle and below, but does not include arch
150	supports; nontherapeutic accommodative inlays and nontherapeutic
151	accommodative footwear, regardless of method of manufacture;
152	unmodified, over-the-counter shoes; or prefabricated foot care
153	products. For purposes of this subsection, "accommodative" means
154	designed with the primary goal of conforming to the individual's
155	anatomy and "inlay" means any removable material upon which the
156	foot directly rests inside the shoe and which may be an integral
157	design component of the shoe.
158	(12)(10)  "Pedorthics" means the practice, pursuant to a
159	licensed physician's written prescription, of evaluating,
160	treatment formulating, measuring, designing, fabricating,
161	assembling, fitting, adjusting, servicing, or providing the
162	initial training necessary to accomplish the fitting of a
163	pedorthic device.; however, The repair, replacement, adjustment,
164	or servicing of any existing pedorthic device may be performed
165	without an additional prescription from the patient's physician,
166	unless the original prescription states otherwise. The board may
167	describe the scope of practice by rule using nationally
168	recognized descriptor codes. If a patient is under the care of a
169	licensed occupational therapist or physical therapist, the
170	pedorthist must consult with the therapist if the therapist has
171	requested consultation regarding the fitting, design, or
172	fabrication of a pedorthic device or regarding treatment with a
173	pedorthic device.
174	(13)(11)  "Pedorthist" means a person licensed to practice
175	pedorthics pursuant to this chapter.
176	(14)(12)  "Prosthesis" means a medical device used to
177	replace a missing appendage or other external body part,
178	including an artificial limb, hand, or foot. It does not include
179	surgically implanted devices or artificial eyes; dental
180	appliances; ostomy products; or cosmetic devices such as breast
181	prostheses, eyelashes, or wigs; or other devices that do not
182	have a significant impact on the musculoskeletal functions of
183	the body.
184	(15)(13)  "Prosthetics" means the practice, pursuant to a
185	licensed physician's written prescription, of evaluating,
186	treatment formulating, measuring, designing, fabricating,
187	assembling, fitting, adjusting, servicing, or providing the
188	initial training necessary to accomplish the fitting of a
189	prosthesis., except The repair, replacement, adjustment, or
190	servicing of any existing prosthesis may be performed without an
191	additional prescription from the patient's physician, unless the
192	original prescription states otherwise. The board may describe
193	the scope of practice by rule using nationally recognized
194	descriptor codes. If a patient is under the care of a licensed
195	occupational therapist or physical therapist, the prosthetist
196	must consult with the therapist if the therapist has requested
197	consultation regarding the fitting, design, or fabrication of a
198	prosthesis or regarding treatment with a prosthesis.
199	(16)(14)  "Prosthetist" means a person licensed to practice
200	prosthetics pursuant to this chapter.
201	(17)(15)  "Prosthetist-orthotist" means a person licensed
202	to practice as a prosthetist and as an orthotist.
203	(18)  "Resident" means a person registered to practice
204	orthotics or prosthetics under the supervision of a licensed
205	orthotist or prosthetist as defined by the board by rule.
206	(19)  "Therapeutic" means designed and fabricated to
207	provide support, correction, or alleviation of neuromuscular or
208	musculoskeletal dysfunction, disease, injury, or deformity. It
209	does not include devices used solely to increase comfort through
210	the use of soft materials or spreading out of forces.
211	Section 2.  Subsections (2) and (3) of section 468.801,
212	Florida Statutes, are amended to read:
213	468.801  Board of Orthotists and Prosthetists; appointment;
214	membership; terms; headquarters.--
215	(2)  The board members of the board must be residents of
216	this state. Two members One member must be a licensed practicing
217	prosthetists prosthetist with a minimum of 3 years' clinical or
218	practical experience, at least one of whom has attained a
219	minimum of a bachelor's after receiving a Bachelor of Science
220	degree in Orthotics and Prosthetics; one member must be a
221	practicing prosthetist with at least 6 years' experience after
222	certification by a national certifying body; one member must be
223	a licensed practicing orthotist with a minimum of 3 years'
224	clinical or practical experience who has attained a minimum of a
225	bachelor's after receiving a Bachelor of Science degree in
226	Orthotics and Prosthetics; one member must be a practicing
227	orthotist with at least 6 years' experience after certification
228	by a national certifying body; two members must be prosthetic or
229	orthotic users, the parents, guardians, or spouses of prosthetic
230	or orthotic users, or any combination of such users and nonusers
231	who are not deriving economic benefit from the fitting or
232	dispensing of orthotic or prosthetic devices and who have never
233	been orthotists or prosthetists or members of a closely related
234	profession; and one member must be a physician licensed under
235	chapter 458, chapter 459, chapter 460, or chapter 461, who has
236	extensive knowledge of orthotics or prosthetics; and one member
237	must be a licensed practicing orthotist, orthotic fitter, or
238	pedorthist with a minimum of 3 years' clinical or practical
239	experience. One of the prosthetist or orthotist members must
240	have received training in pedorthics and have 3 years of
241	pedorthic experience as part of his or her practice.
242	(3)  Members of the board shall be appointed for terms of 4
243	years each and shall serve until their successors are appointed.
244	However, for the purpose of staggering terms, two of the
245	original board members shall serve terms of 4 years each, two
246	shall serve terms of 3 years each, two shall serve terms of 2
247	years each, and one shall serve a term of 1 year, as designated
248	by the Governor. Members may be reappointed for additional
249	terms.
250	Section 3.  Section 468.802, Florida Statutes, is amended
251	to read:
252	468.802  Authority to adopt rules.--The board shall adopt
253	rules pursuant to ss. 120.536(1) and 120.54 to implement the
254	provisions of this part act, including rules relating to
255	standards of practice for orthotists, orthotic fitters, orthotic
256	fitter assistants, pedorthists, prosthetists, and residents
257	pedorthists.
258	Section 4.  Section 468.803, Florida Statutes, is amended
259	to read:
260	468.803  License, registration, and examination Licensure
261	requirements.--
262	(1)  The department shall issue a license to practice
263	orthotics, prosthetics, or pedorthics, or a registration for a
264	resident to practice orthotics or prosthetics, to qualified
265	applicants. Licenses Licensure shall be granted independently in
266	orthotics, prosthetics, or pedorthics, but a person may be
267	licensed in more than one such discipline and a prosthetist-
268	orthotist license may be granted to persons meeting the
269	requirements for both a prosthetist and an orthotist license.
270	Registrations shall be granted independently in orthotics or
271	prosthetics, and a person may be registered in both fields at
272	the same time.
273	(2)  An applicant for registration, examination, or
274	licensure must apply to the department on a form prescribed by
275	the board for consideration of board approval. Each applicant
276	shall submit a set of fingerprints to the department on a form
277	and under procedures specified by the department, along with
278	payment in an amount equal to the costs incurred by the
279	department for a national criminal history check of the
280	applicant. The department shall submit the fingerprints provided
281	by an applicant to the Department of Law Enforcement for a
282	statewide criminal history check, and the Department of Law
283	Enforcement shall forward the fingerprints to the Federal Bureau
284	of Investigation for a national criminal history check of the
285	applicant. The board shall consider for examination,
286	registration, or licensure it in order to take the appropriate
287	licensure examination, including a practical examination
288	demonstrating clinical patient management, when appropriate, and
289	written examinations, one of which demonstrates orthotic,
290	prosthetic, or pedorthic problem-solving skills. The board may
291	accept the examination results of a national orthotic,
292	prosthetic, or pedorthic standards organization in lieu of
293	administering the state examination. In such cases, the
294	department shall set fees appropriate to the level of
295	practitioner and shall examine each applicant who the board
296	verifies:
297	(a)  Has submitted the completed the application and the
298	fingerprint forms form and has paid the applicable an
299	application fee, not to exceed $500, and cost of a national
300	criminal history check, both of which shall be nonrefundable, an
301	examination fee and the actual per applicant costs to the
302	department for purchase or development of the examination, and a
303	license fee not to exceed $500;
304	(b)  Is of good moral character;
305	(c)  Is 18 years of age or older; and
306	(d)  Has completed the appropriate educational preparation,
307	including practical training requirements; and
308	(e)  Has successfully completed an appropriate clinical
309	internship in the professional area for which the license is
310	sought.
311	(3)  A person seeking to attain the required orthotics or
312	prosthetics experience in this state must be approved by the
313	board and registered as a resident by the department. Although a
314	registration may be held in both practice fields, the board
315	shall not approve a second registration until at least 1 year
316	after the issuance of the first registration. Notwithstanding
317	subsection (2), an applicant who has been approved by the board
318	and registered by the department in one practice field may apply
319	for registration in the second practice field without an
320	additional national criminal history check during the period in
321	which the first registration is valid. Each registration is
322	valid for 2 years from the date of issuance unless otherwise
323	revoked by the department upon recommendation of the board. The
324	board shall set a registration fee not to exceed $500 to be paid
325	by the applicant. A registration may be renewed once by the
326	department upon recommendation of the board for a period no
327	longer than 1 year, as such renewal is defined by the board by
328	rule. The registration renewal fee shall not exceed one-half the
329	current registration fee. To be considered by the board for
330	approval of registration as a resident, the applicant must have:
331	(a)  A Bachelor of Science or higher-level postgraduate
332	degree in Orthotics and Prosthetics from a regionally accredited
333	college or university recognized by the Commission on
334	Accreditation of Allied Health Education Programs or, at a
335	minimum, a bachelor's degree from a regionally accredited
336	college or university and a certificate in orthotics from a
337	program recognized by the Commission on Accreditation of Allied
338	Health Education Programs, or its equivalent, as determined by
339	the board; or
340	(b)  A Bachelor of Science or higher-level postgraduate
341	degree in Orthotics and Prosthetics from a regionally accredited
342	college or university recognized by the Commission on
343	Accreditation of Allied Health Education Programs or, at a
344	minimum, a bachelor's degree from a regionally accredited
345	college or university and a certificate in prosthetics from a
346	program recognized by the Commission on Accreditation of Allied
347	Health Education Programs, or its equivalent, as determined by
348	the board.
349	(4)  The department may develop and administer a state
350	examination for an orthotist or a prosthetist license, or the
351	board may approve the existing examination of a national
352	standards organization. The examination must be predicated on a
353	minimum of a baccalaureate-level education and formalized
354	specialized training in the appropriate field. Each examination
355	must demonstrate a minimum level of competence in basic
356	scientific knowledge, written problem solving, and practical
357	clinical patient management. The board shall require an
358	examination fee not to exceed the actual cost to the board in
359	developing, administering, and approving the examination, which
360	fee must be paid by the applicant. To be considered by the board
361	for examination, the applicant must have:
362	(a)  For an examination in orthotics:
363	1.  A Bachelor of Science or higher-level postgraduate
364	degree in Orthotics and Prosthetics from a regionally accredited
365	college or university recognized by the Commission on
366	Accreditation of Allied Health Education Programs or, at a
367	minimum, a bachelor's degree from a regionally accredited
368	college or university and a certificate in orthotics from a
369	program recognized by the Commission on Accreditation of Allied
370	Health Education Programs, or its equivalent, as determined by
371	the board; and
372	2.  An approved orthotics internship of 1 year of qualified
373	experience, as determined by the board, or an orthotic residency
374	program recognized by the board.
375	(b)  For an examination in prosthetics:
376	1.  A Bachelor of Science or higher-level postgraduate
377	degree in Orthotics and Prosthetics from a regionally accredited
378	college or university recognized by the Commission on
379	Accreditation of Allied Health Education Programs or, at a
380	minimum, a bachelor's degree from a regionally accredited
381	college or university and a certificate in prosthetics from a
382	program recognized by the Commission on Accreditation of Allied
383	Health Education Programs, or its equivalent, as determined by
384	the board; and
385	2.  An approved prosthetics internship of 1 year of
386	qualified experience, as determined by the board, or a
387	prosthetic residency program recognized by the board.
388	(5)(3)  In addition to the requirements in subsection (2),
389	to be licensed as:
390	(a)  An orthotist, the applicant must pay a license fee not
391	to exceed $500 and must have:
392	1.  A Bachelor of Science or higher-level postgraduate
393	degree in Orthotics and Prosthetics from a regionally accredited
394	college or university, or a bachelor's degree with a certificate
395	in orthotics from a program recognized by the Commission on
396	Accreditation of Allied Health Education Programs, or its
397	equivalent, as determined by the board; and
398	2.  An appropriate internship of 1 year of qualified
399	experience, as determined by the board, or a residency program
400	recognized by the board;
401	3.  Completed the mandatory courses; and
402	4.  Passed the state orthotics examination or the board-
403	approved orthotics examination.
404	(b)  A prosthetist, the applicant must pay a license fee
405	not to exceed $500 and must have:
406	1.  A Bachelor of Science or higher-level postgraduate
407	degree in Orthotics and Prosthetics from a regionally accredited
408	college or university, or a bachelor's degree with a certificate
409	in prosthetics from a program recognized by the Commission on
410	Accreditation of Allied Health Education Programs, or its
411	equivalent, as determined by the board; and
412	2.  An internship of 1 year of qualified experience, as
413	determined by the board, or a residency program recognized by
414	the board;
415	3.  Completed the mandatory courses; and
416	4.  Passed the state prosthetics examination or the board-
417	approved prosthetics examination.
418	(c)  An orthotic fitter, the applicant must pay a license
419	fee not to exceed $500 and must have:
420	1.  A high school diploma or its equivalent;
421	2.  A minimum of 40 hours of training in orthotics
422	education, as approved by the board; and
423	3.  Two years of supervised experience in orthotics
424	acquired after completion of the required education, as approved
425	by the board; and
426	4.  Completed the mandatory courses.
427	(d)  An orthotic fitter assistant, the applicant must pay a
428	license fee not to exceed $500 and must have:
429	1.  A high school diploma or its equivalent; and
430	2.  A minimum of 40 hours of training in orthotics
431	education, as approved by the board; and
432	3.  Completed the mandatory courses.
433	(e)  A pedorthist, the applicant must pay a license fee not
434	to exceed $500 and must have:
435	1.  A high school diploma or its equivalent;
436	2.  A minimum of 120 hours of training, as approved by the
437	board; and
438	3.  An internship of 80 hours of qualified working
439	experience, as determined by the board; and
440	4.  Completed the mandatory courses.
441	Section 5.  Section 468.806, Florida Statutes, is amended
442	to read:
443	468.806  Biennial renewal of license.--
444	(1)  The department shall renew a license upon receipt of
445	the required documentation, renewal application, and renewal
446	fee, not to exceed $500, as set by the board. The applicant for
447	license renewal must submit information necessary to conduct a
448	statewide criminal history check along with payment in an amount
449	equal to the costs incurred by the department for a statewide
450	criminal history check. The department shall submit the required
451	information for a statewide criminal history check of the
452	applicant to the Department of Law Enforcement.
453	(2)  The board shall adopt rules establishing a procedure
454	for the biennial license renewal.
455	(3)  The board may by rule prescribe continuing education
456	requirements and approve course criteria, not to exceed 30 hours
457	biennially, as a condition for license renewal. The board shall
458	establish by rule mandatory courses to safeguard the welfare of
459	the public and licensed practitioners, standards and
460	qualifications for continuing education courses, standards and
461	qualifications for course providers, and a procedure for
462	approving continuing education courses and providers and may set
463	a fee for continuing education course and provider approval. The
464	Florida Association of Orthotists and Prosthetists, Inc., shall
465	be deemed an approved provider of continuing education courses,
466	including mandatory courses.
467	Section 6.  Section 468.807, Florida Statutes, is repealed.
468	Section 7.  Effective January 1, 2009, section 468.808,
469	Florida Statutes, is amended to read:
470	468.808  Support personnel.--A person must be licensed to
471	practice orthotics, prosthetics, or pedorthics in this state.
472	However, a licensed orthotist, prosthetist, or pedorthist may
473	delegate duties, not to include patient evaluation, treatment
474	formulation, or the final fitting of a device prior to patient
475	use, to nonlicensed support supportive personnel. All other
476	delegated if those duties must be are performed under the direct
477	supervision, as defined by the board by rule, of a licensed
478	orthotist, prosthetist, or pedorthist, and the persons acting as
479	support personnel must be identified as such by wearing an
480	identification tag as defined by the board by rule. In such
481	instances the supervising licensee is responsible for all acts
482	performed by such persons.
483	Section 8.  Section 468.809, Florida Statutes, is amended
484	to read:
485	468.809  Prohibitions; penalties.--
486	(1)  A person may not:
487	(a)  Make a false or fraudulent statement in any
488	application, affidavit, or statement presented to the board or
489	in any proceeding before the board.
490	(b)  Practice orthotics, prosthetics, or pedorthics without
491	a license or registration issued pursuant to this part act
492	unless otherwise exempt.
493	(2)  A person who violates any provision of this section
494	commits a misdemeanor of the second degree, punishable as
495	provided in s. 775.082 or s. 775.083.
496	Section 9.  Effective January 1, 2009, section 468.8095,
497	Florida Statutes, is created to read:
498	468.8095  Practitioner and resident identification.--
499	(1)  A licensee or person registered with the department
500	shall post a license or registration and a recent photograph of
501	the licensee or registrant at each facility where patients are
502	seen by the licensee or registrant in a manner determined by the
503	board by rule. This requirement does not extend to areas where
504	the licensee or registrant may visit and normally does not treat
505	patients. The posted license or registration must be valid.
506	(2)  A licensee or person registered with the department
507	shall post in close proximity to the posted license or
508	registration a notice stating the department's Consumer Services
509	Unit address, Internet website, and telephone number. The notice
510	shall state that a patient may file a complaint of unlicensed or
511	substandard practice by contacting the Consumer Services Unit. A
512	single notice may be used for multiple licensees or registrants
513	in a facility.
514	(3)  During patient contact, each licensee or person
515	registered with the department shall prominently wear an
516	identification tag or badge with the name, recent photograph,
517	and license or registration number, as applicable, of the
518	licensee or registrant. The size and appearance of the
519	identification tag or badge shall be determined by the board by
520	rule. Persons licensed in more than one practice field under
521	this part may list both license numbers. Licensees or
522	registrants working in facilities requiring the wearing of a
523	specific identification tag may substitute the identification
524	tag or badge required by this subsection with the facility's
525	design as determined by the board.
526	Section 10.  Subsection (1) of section 468.811, Florida
527	Statutes, is amended to read:
528	468.811  Disciplinary proceedings.--
529	(1)  The following acts constitute grounds for denial of a
530	registration or license or for disciplinary action, as specified
531	in s. 456.072(2):
532	(a)  Attempting to procure a license by fraudulent
533	misrepresentation.
534	(b)  Having a license to practice orthotics, prosthetics,
535	or pedorthics revoked, suspended, or otherwise acted against,
536	including the denial of licensure in another state or
537	jurisdiction.
538	(c)  Being convicted or found guilty of or pleading nolo
539	contendere to, regardless of adjudication, in any jurisdiction,
540	a crime that directly relates to the practice of orthotics,
541	prosthetics, or pedorthics, including violations of federal laws
542	or regulations regarding orthotics, prosthetics, or pedorthics.
543	(d)  Filing a report, claim, or record that the licensee
544	knows is false;, intentionally or negligently failing to file a
545	report, claim, or record required by state or federal law;,
546	willfully impeding or obstructing such filing;, or inducing
547	another person to impede or obstruct such filing. Such reports,
548	claims, or records include only reports, claims, or records that
549	are signed in a person's capacity as a licensee under this part
550	act.
551	(e)  Advertising goods or services in a fraudulent, false,
552	deceptive, or misleading manner.
553	(f)  Violation of an order of the board, agency, or
554	department previously entered in a disciplinary hearing or
555	failure to comply with a subpoena issued by the board, agency,
556	or department.
557	(g)  Practicing with a revoked, suspended, or inactive
558	license.
559	(h)  Gross or repeated malpractice or the failure to
560	deliver orthotic, prosthetic, or pedorthic services with that
561	level of care and skill which is recognized by a reasonably
562	prudent licensed practitioner with similar professional training
563	as being acceptable under similar conditions and circumstances.
564	(i)  Failing to provide written notice of any applicable
565	warranty for an orthosis, prosthesis, or pedorthic device that
566	is provided to a patient.
567	(j)  Violating any provision of this chapter or chapter
568	456, or any rules adopted pursuant thereto.
569	(k)  Making deceptive, untrue, or fraudulent
570	representations in the licensed or unlicensed practice of
571	orthotics, prosthetics, or pedorthics.
572	(l)  Practicing orthotics, prosthetics, or pedorthics or
573	practicing as an orthotic fitter or an orthotic fitter assistant
574	without a licensed physician's written prescription for those
575	orthotic or pedorthic devices or prostheses that require such
576	prescription.
577	Section 11.  Section 468.812, Florida Statutes, is amended
578	to read:
579	468.812  Exemptions from licensure.--
580	(1)  This part act does not apply to:
581	(a)  A person who is licensed under chapter 458, chapter
582	459, chapter 460, or chapter 461. This exemption does not apply
583	to a person under the supervision of the licensed person;
584	(b)  A person performing services for the Federal
585	Government, if the person provides orthotic, prosthetic, or
586	pedorthic care solely under the direction or control of the
587	organization by which that person is employed;
588	(c)  A person fulfilling the supervised residency or
589	internship experience requirements of this act;
590	(c)(d)  A student, fellow, or trainee in orthotics,
591	prosthetics, or pedorthics pursuing a course of study at a
592	regionally accredited college or university or working in a
593	recognized training center or research facility, provided if the
594	activities and services are part of a regular course of study
595	under a supervisor licensed under this part act;
596	(d)(e)  An instructor in a regionally accredited university
597	or college, while performing regularly assigned work under the
598	curriculum of such a school; or
599	(e)(f)  A person engaged exclusively in the fabrication of
600	orthoses, pedorthic devices, or prostheses as defined in this
601	part, provided there is no patient contact fabricating, fitting,
602	or servicing of devices excluded under this act.
603	(2)  This part act does not require an additional license
604	of, or regulate the practice of, any other licensed health care
605	professional whose scope of practice allows the use of devices
606	defined as orthoses, pedorthic devices, or prostheses within
607	this part within the state, or prevent a qualified member of any
608	other profession or any person employed under the supervision of
609	such a licensed professional from doing work of a nature
610	consistent with that person's training, as long as the person
611	does not hold himself or herself out to the public as a licensee
612	under this act.
613	(3)  The provisions of this act relating to orthotics or
614	pedorthics do not apply to any licensed pharmacist or to any
615	person acting under the supervision of a licensed pharmacist.
616	The practice of orthotics or pedorthics by a pharmacist or any
617	of the pharmacist's employees acting under the supervision of a
618	pharmacist shall be construed to be within the meaning of the
619	term "practice of the profession of pharmacy" as set forth in s.
620	465.003(13), and shall be subject to regulation in the same
621	manner as any other pharmacy practice. The Board of Pharmacy
622	shall develop rules regarding the practice of orthotics and
623	pedorthics by a pharmacist. Any pharmacist or person under the
624	supervision of a pharmacist engaged in the practice of orthotics
625	or pedorthics shall not be precluded from continuing that
626	practice pending adoption of these rules.
627	Section 12.  Section 468.813, Florida Statutes, is amended
628	to read:
629	468.813  Use of titles.--A person must be licensed or
630	registered under this part act to represent himself or herself
631	as a licensed or registered orthotist, or prosthetist,
632	prosthetist-orthotist, orthotic fitter, orthotic fitter
633	assistant, pedorthist, prosthetic resident, or orthotic resident
634	or use in connection with his or her name the words "orthotist,"
635	"prosthetist," "prosthetist-orthotist," "orthotic fitter,"
636	"orthotic fitter assistant," "pedorthist," or "resident" or
637	abbreviations, titles, or insignia indicating or suggesting that
638	he or she is able to legally provide services or devices
639	described in this part an orthotist, prosthetist, prosthetist-
640	orthotist, orthotic fitter, orthotic fitter assistant, or
641	pedorthist. The board may adopt rules relating to the allowable
642	uses and abbreviations of titles.
643	Section 13.  Except as otherwise expressly provided in this
644	act, this act shall take effect July 1, 2008.

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