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

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