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

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