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§ 422.13e. Prosthetists, orthotists, pedorthists and orthotic fitters

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: November 3, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 12. Medical Practice Act of 1985 (Refs & Annos)
Effective: November 3, 2022
63 P.S. § 422.13e
§ 422.13e. Prosthetists, orthotists, pedorthists and orthotic fitters
Currentness
(a) Licensure qualifications.--To qualify for licensure to practice prosthetics, orthotics, pedorthics or orthotic fitting, an applicant shall:
(1) Be of good moral character.
(2) Possess the following education:
(i) For prosthetists, at least four years of education, training and/or work experience, consisting of:
(A) a bachelor's degree with a major in prosthetics or orthotics and prosthetics; and
(B) a minimum of two years (3,800 hours) of experience in providing direct patient care services.
(ii) For orthotists, at least four years of education, training and/or work experience, consisting of:
(A) a bachelor's degree with a major in orthotics or orthotics and prosthetics; and
(B) a minimum of two years (3,800 hours) of experience in providing direct patient care services.
(iii) For pedorthists, a successfully completed board-approved, entry-level pedorthic education program and a minimum of 1,000 hours of supervised patient fitting experience.
(iv) For orthotic fitters, a successfully completed board-approved, entry-level education program specific to orthotic fitting and a minimum of 1,000 hours of documented patient care.
(3) Have fulfilled all educational and training required for certification and received certification by a prosthetic, orthotic, pedorthic and orthotic fitting credentialing organization recognized by ICE, accredited by NCCA or approved by the board.
(4) Pass all examinations that are required for certification by a prosthetic, orthotic, pedorthic or orthotic fitting credentialing organization recognized by ICE, accredited by NCCA or approved by the board.
(5) Submit a board-approved application and any fees as prescribed by the board by regulation.
(6) Keep and make available all patient logs for audit purposes of the experience requirement.
(7) Not be addicted to alcohol, narcotics or other habit-forming drugs.
(8) Not been convicted of a felony under the act of April 14, 1972 (P.L. 233, No. 64),1 known as The Controlled Substance, Drug, Device and Cosmetic Act, or of an offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless the following apply:
(i) Ten years have elapsed from the date of conviction.
(ii) The applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction and the licensure of the applicant is not expected to create a substantial risk of harm to the health and safety of the applicant's clients or the public or a substantial risk of further criminal violations.
(iii) The applicant otherwise satisfies the qualifications required under this act.
(b) Term of license.--A license issued pursuant to this section shall be valid for two years and may be renewed biennially with the board as provided in subsection (g).
(c) Prosthetic, orthotic, pedorthic and orthotic fitting treatment requirements.--Prior to administering the first prosthetic, orthotic, pedorthic or orthotic fitting, a prosthetist, orthotist, pedorthist or orthotics fitter shall do all of the following:
(1) Ensure the patient has secured a prescription along with clinical notes for treatment by the prescribing authority using prosthetics, orthotics, pedorthics or orthotic fitting from a physician, podiatrist, certified registered nurse practitioner or physician assistant. A prescription under this paragraph shall place conditions and restrictions by the prescribing authority on the course of treatment if required as a matter of sound medical practice.
(2) Ensure the patient has undergone a medical diagnostic examination or has had the results of a recently performed medical diagnostic examination reviewed by a physician, podiatrist, certified registered nurse practitioner or physician assistant.
(3) Retain a copy of the prescription and the results of the medical diagnostic examination in the patient's file.
(d) Exceptions.--
(1) Nothing in this section shall prohibit students enrolled in a prosthetics, orthotics, pedorthics or orthotics fitter educational program from performing prosthetics, orthotics, pedorthics or orthotic fitting in the course of their instruction, provided that a physician or podiatrist is readily available for consultations and that a prosthetist, orthotist, pedorthist or orthotic fitter, respectively, is on site and responsible for the direct supervision of students.
(2) Nothing in this section shall prohibit an individual, including, but not limited to, a pharmacist, podiatrist or physician, from engaging in the practice for which that individual is licensed, registered or certified to practice or to act within the scope of that license, registration or certification held in this Commonwealth.
(3) Nothing in this act shall prohibit an individual who is employed by the Federal Government from engaging in the practice of a prosthetist, orthotist, pedorthist or orthotic fitter while in the discharge of the employee's official duties.
(4) Nothing in this section shall prohibit the sale of over-the-counter prostheses, orthoses or pedorthic devices.
(5) Nothing in this section shall prohibit a representative of a medical device manufacturer registered with the United States Food and Drug Administration from measuring, fitting and adjusting a medical device when the representative pursuant to a written agreement is supervised by the physician performing the procedure.
(e) License requirement effective.--Commencing two years after the effective date of this section, individuals shall not practice or hold themselves out as being able to practice prosthetics, orthotics, pedorthics or orthotic fitting in this Commonwealth unless the individuals are licensed in accordance with this section.
(f) License without examination.--Within three years after the effective date of this section, the board shall grant an individual a prosthetic, orthotic, pedorthotic or orthotic fitter license if the individual complies on or before March 31, 2015, with subsection (a)(1), (5), (6), (7) and (8) and:
(1) For a prosthetic or orthotic license, holds a national certification as a prosthetist or an orthotist issued by a national organization approved by the board.
(2) For a pedorthic or orthotic fitter license, holds a national certification as a pedorthist or orthotic fitter issued by a national organization approved by the board.
(3) For an orthotic fitter license only, has been dispensing over-the-counter prostheses, orthoses or pedorthic devices for two years immediately prior to the effective date of this paragraph2 under the supervision of a nationally certified pedorthist or be employed by an entity accredited by an accredited organization under the Center for Medicare and Medicaid Services.
(g) Biennial license renewal.--For biennial renewal of a license:
(1) A prosthetist and orthotist must provide certification of successful completion of a minimum of 24 hours of continuing education as approved by the board.
(2) An orthotic fitter and a pedorthist must provide certification of successful completion of a minimum of 13 hours of continuing education as approved by the board.
(3) Certification of continuing education credit hours submitted by the prosthetist, orthotist, pedorthist or orthotic fitter shall be verified as being correct and true by the applicant.
(4) A licensee must file a completed board-approved renewal application.
(5) A licensee must pay any fees established by regulation by the board.
(6) No credit for continuing education may be given for courses in office management or practice building.
(7) The board may waive all or part of the continuing education requirements to a licensee who shows to the satisfaction of the board that the licensee was unable to complete the requirement due to illness, emergency or hardship.
(h) Orthotic fitter scope of practice.--The scope of practice of an orthotic fitter is limited to measuring, fitting, dispensing and adjusting prefabricated devices not requiring more than minor modification of:
(1) Cervical soft foam collars.
(2) Thoraco-lumbo-sacral orthoses.
(3) Lumbo-sacral orthoses.
(4) Knee orthoses.
(5) Ankle foot orthoses.
(6) Foot orthoses.
(7) Elbow orthoses.
(8) Shoulder orthoses.
(9) Abdominal and pelvic:
(i) Trusses.
(ii) Flexible supports.
(iii) Maternity supports.
(9.1) Therapeutic shoes.
(i) Liability insurance coverage.--An individual licensed to practice prosthetics, orthotics, pedorthics or orthotic fitting in this Commonwealth shall maintain a level of professional liability insurance coverage in the minimum amount of $1,000,000 per occurrence or claims made and shall verify to the board the required coverage. Failure to maintain insurance coverage as required shall subject the licensee to disciplinary proceedings. The licensee must provide proof of coverage to the board upon request. The board shall accept from a licensee as satisfactory evidence of insurance coverage any of the following:
(1) Personally purchased liability insurance.
(2) Professional liability insurance coverage provided by the individual licensee's employer or similar insurance coverage acceptable to the board.
(j) Practice by unregistered persons.--Any person who is not licensed as a prosthetist, orthotist, pedorthist or orthotic fitter shall not practice prosthetics, orthotics, pedorthics or orthotic fitting nor in any written or printed circular or in any business card, letterhead or sign or otherwise assume the title “Prosthetist,” “Orthotist,” “Pedorthist” or “Orthotic Fitter” nor any other title, abbreviation, name or description implying or calculated to lead to the belief that he is qualified to practice prosthetics, orthotics, pedorthics or orthotic fitting.

Credits

1985, Dec. 20, P.L. 457, No. 112, § 13.5, added 2012, July 5, P.L. 873, No. 90, § 2, imd. effective. Amended 2014, July 2, P.L. 941, No. 104, § 2, imd. effective; 2022, Nov. 3, P.L. 2065, No. 143, § 1, imd. effective.

Footnotes

1
35 P.S. § 780-101 et seq.
2
Subsec. (f)(3) added by 2014, July 2, P.L. 941, No. 104, § 2, imd. effective.
63 P.S. § 422.13e, PA ST 63 P.S. § 422.13e
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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