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The Florida Senate

2003 Florida Statutes

Section 468.805, Florida Statutes 2003

468.805  Grandfathering.--

(1)(a)  A person who has practiced orthotics, prosthetics, or pedorthics in this state for the required period between July 1, 1990, and March 1, 1998, who, before March 1, 1998, applied to the department for a license to practice orthotics, prosthetics, or pedorthics, and who received certification in orthotics, prosthetics, or pedorthics from a national certifying body and had his or her application fully approved by the board before October 1, 2000, may be licensed as a prosthetist, an orthotist, a prosthetist-orthotist, an orthotic fitter, an orthotic fitter assistant, or a pedorthist, as applicable, without meeting the educational requirements set forth in s. 468.803

(b)  The period of experience required for licensure under this subsection is 5 years for a prosthetist or an orthotist and 2 years for an orthotic fitter, an orthotic fitter assistant, or a pedorthist. Each applicant shall document experience in the scope of practice for the profession applied for as defined under s. 468.80

(2)(a)  An applicant for licensure as an orthotist, a prosthetist, or a prosthetist-orthotist who cannot demonstrate 5 years of experience as required by subsection (1), but who has practiced as an orthotist, a prosthetist, or a prosthetist-orthotist in this state for at least 2 years between July 1, 1990, and March 1, 1998, and who has received certification as an orthotist, a prosthetist, or a prosthetist-orthotist from a national certifying body before July 1, 1998, is eligible for a provisional license.

(b)  A provisional licensee is required to practice under supervision of a fully licensed orthotist, prosthetist, or prosthetist-orthotist for up to 3 years in order to meet the 5-year experience requirement of subsection (1) to be licensed as an orthotist, a prosthetist, or a prosthetist-orthotist. The provisional licensee must demonstrate that the supervised practice includes experience in the scope of practice of the profession as defined under s. 468.80

(3)  Upon receipt of the nonrefundable application fee and the appropriate licensing fee, the board shall complete an investigation into the applicant's background and experience. The board shall complete its investigation within 6 months after receipt of the completed application. The 90-day period for approval or denial of a license required under s. 120.60 does not apply to applications for licensure or provisional licensure under this section.

(4)  The board by rule shall establish the following fees not to exceed $500 each:

(a)  Application fee for licensure under subsection (1).

(b)  Application fee for provisional licensure under subsection (2).

(c)  Application fee for licensure following provisional licensure under subsection (2).

(d)  Initial licensure fee.

(e)  Provisional licensure fee.

(5)  An applicant who has received certification as an orthotist, a prosthetist, a prosthetist-orthotist, or a pedorthist from a national certifying body which requires the successful completion of an examination, may be licensed under this section without taking an additional examination. An applicant who has not received certification from a national certifying body which requires the successful completion of an examination before March 1, 1998, shall be required to take an examination as determined by the board. This examination shall be designed to determine if the applicant has the minimum qualifications needed to be licensed under this section, and the board may not limit the number of times that an applicant may sit for the examination. The applicant has until July 1, 2003, to complete the examination process. The board may charge an examination fee and the actual per applicant cost to the department for purchase or development of the examination.

(6)  An applicant who successfully completed prior to March 1, 1998, at least one-half of the examination required for national certification and successfully completed the remaining portion of the examination and became certified prior to October 1, 2000, shall be considered as nationally certified by March 1, 1998, for purposes of this section.

(7)  This section is repealed July 1, 2003.

History.--s. 6, ch. 97-284; s. 141, ch. 99-397; s. 1, ch. 2001-217; s. 152, ch. 2001-277.