As Reported by House Commerce and Labor Committee          1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 238  5            

      1999-2000                                                    6            


 SENATOR WHITE-REPRESENTATIVES KRUPINSKI-METELSKY-VERICH-DISTEL    8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend section 4755.40 and to enact sections        11           

                4779.01 to 4779.13, 4779.15 to 4779.33, and        12           

                4779.99 of the Revised Code to revise the          13           

                definition of physical therapy and to establish                 

                the State Board of Orthotics, Prosthetics, and     15           

                Pedorthics and provide for the licensure of        16           

                orthotists, prosthetists, and pedorthists.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 4775.40 be amended and sections     20           

4779.01, 4779.02, 4779.03, 4779.04, 4779.05, 4779.06, 4779.07,     22           

4779.08, 4779.09, 4779.10, 4779.11, 4779.12, 4779.13, 4779.15,     23           

4779.16, 4779.17, 4779.18, 4779.19, 4779.20, 4779.21, 4779.22,     24           

4779.23, 4779.24, 4779.25, 4779.26, 4779.27, 4779.28, 4779.29,     25           

4779.30, 4779.31, 4779.32, 4779.33, and 4779.99 of the Revised     26           

Code be enacted to read as follows:                                27           

      Sec. 4755.40.  As used in sections 4755.40 to 4755.56 and    37           

4755.99 of the Revised Code:                                                    

      (A)  "Physical therapy" means the evaluation and treatment   39           

of a person by physical measures and the use of therapeutic        40           

exercises and rehabilitative procedures, with or without           41           

assistive devices, for the purpose of preventing, correcting, or   42           

alleviating any disability.   IF PERFORMED BY A PERSON WHO IS      44           

ADEQUATELY TRAINED, PHYSICAL THERAPY INCLUDES THE DESIGN,          45           

FABRICATION, REVISION, EDUCATION, AND INSTRUCTION IN THE USE OF    46           

VARIOUS ASSISTIVE DEVICES INCLUDING BRACES, SPLINTS, AMBULATORY    47           

OR LOCOMOTION DEVICES, WHEELCHAIRS, PROSTHETICS, AND ORTHOTICS.    48           

                                                          2      


                                                                 
Physical therapy ALSO includes the establishment and modification  49           

of physical therapy programs, treatment planning, instruction,     50           

and consultative services. Physical measures include massage,      51           

heat, cold, air, light, water, electricity, sound, and the         52           

performance of tests of neuromuscular function as an aid to such   53           

treatment.  Physical therapy does not include the diagnosis of a   54           

patient's disability, the use of Roentgen rays or radium for       55           

diagnostic or therapeutic purposes, or the use of electricity for  56           

cauterization or other surgical purposes.  Physical therapy        57           

includes physiotherapy.                                                         

      (B)  "Physical therapist" means a person who practices or    59           

teaches physical therapy and includes physiotherapist.             60           

      (C)  "Physical therapist assistant" means a person who       62           

assists in the provision of physical therapy treatments under the  63           

supervision of a physical therapist, or teaches physical therapy   64           

under the supervision of a physical therapist, and includes        65           

physical therapy assistant.                                        66           

      (D)  "Supervision" means the availability and                68           

responsibility of the supervisor for direction of the actions of   69           

the person supervised.                                             70           

      Sec. 4779.01.  AS USED IN THIS CHAPTER:                      72           

      (A)  "ACCOMMODATIVE" MEANS DESIGNED WITH THE PRIMARY GOAL    74           

OF CONFORMING TO THE ANATOMY OF A PARTICULAR INDIVIDUAL.           75           

      (B)  "FULL-TIME" MEANS NOT LESS THAN ONE THOUSAND SIX        77           

HUNDRED HOURS PER YEAR.                                            78           

      (C)  "INLAY" MEANS ANY REMOVABLE MATERIAL ON WHICH THE FOOT  80           

RESTS INSIDE A SHOE AND THAT MAY BE AN INTEGRAL DESIGN COMPONENT   81           

OF THE SHOE.                                                       82           

      (D)  "ORTHOTICS" MEANS THE EVALUATION, MEASUREMENT, DESIGN,  84           

FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR TRAINING  85           

IN THE USE OF AN ORTHOTIC OR PEDORTHIC DEVICE, OR THE REPAIR,      86           

REPLACEMENT, ADJUSTMENT, OR SERVICE OF AN EXISTING ORTHOTIC OR     87           

PEDORTHIC DEVICE.  IT DOES NOT INCLUDE UPPER EXTREMITY ADAPTIVE    88           

EQUIPMENT USED TO FACILITATE THE ACTIVITIES OF DAILY LIVING,       89           

                                                          3      


                                                                 
FINGER SPLINTS, ELASTIC ABDOMINAL SUPPORTS WITHOUT METAL OR        90           

PLASTIC REINFORCING STAYS, NONTHERAPEUTIC ACCOMMODATIVE INLAYS,    91           

SHOES THAT ARE NOT MANUFACTURED OR MODIFIED FOR A PARTICULAR       92           

INDIVIDUAL, PREFABRICATED FOOT CARE PRODUCTS, DURABLE MEDICAL      94           

EQUIPMENT, DENTAL APPLIANCES, PEDORTHIC DEVICES, OR DEVICES        95           

IMPLANTED INTO THE BODY BY A PHYSICIAN.                                         

      (E)  "ORTHOTIC DEVICE" MEANS A CUSTOM FABRICATED OR FITTED   97           

MEDICAL DEVICE USED TO SUPPORT, CORRECT, OR ALLEVIATE              98           

NEUROMUSCULAR OR MUSCULOSKELETAL DYSFUNCTION, DISEASE, INJURY, OR  99           

DEFORMITY.                                                                      

      (F)  "PEDORTHICS" MEANS THE EVALUATION, MEASUREMENT,         101          

DESIGN, FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR   102          

TRAINING IN THE USE OF A PEDORTHIC DEVICE, OR THE REPAIR,          103          

REPLACEMENT, ADJUSTMENT, OR SERVICING OF A PEDORTHIC DEVICE.       104          

      (G)  "PEDORTHICS DEVICE" MEANS A CUSTOM FABRICATED OR        106          

FITTED THERAPEUTIC SHOE, SHOE MODIFICATION FOR THERAPEUTIC         107          

PURPOSES, PROSTHETIC FILLER OF THE FOREFOOT, OR FOOT ORTHOSIS FOR  108          

USE FROM THE APEX OF THE MEDICAL MALLEUS AND BELOW.  IT DOES NOT   109          

INCLUDE AN ARCH SUPPORT, A NONTHERAPEUTIC ACCOMMODATIVE INLAY,     110          

NONTHERAPEUTIC ACCOMMODATIVE FOOTWEAR, PREFABRICATED FOOTCARE      111          

PRODUCTS, OR UNMODIFIED, OVER-THE-COUNTER SHOES.                   112          

      (H)  "PROSTHETICS" MEANS THE EVALUATION, MEASUREMENT,        114          

DESIGN, FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR   115          

TRAINING IN THE USE OF A PROSTHESIS OR PEDORTHIC DEVICE, OR THE    116          

REPAIR, REPLACEMENT, ADJUSTMENT, OR SERVICE OF A PROSTHESIS OR     117          

PEDORTHIC DEVICE.                                                  118          

      (I)  "PROSTHESIS" MEANS A CUSTOM FABRICATED OR FITTED        120          

MEDICAL DEVICE USED TO REPLACE A MISSING APPENDAGE OR OTHER        121          

EXTERNAL BODY PART.  IT INCLUDES AN ARTIFICIAL LIMB, HAND, OR      122          

FOOT, BUT DOES NOT INCLUDE DEVICES IMPLANTED INTO THE BODY BY A    123          

PHYSICIAN, ARTIFICIAL EYES, INTRAOCULAR LENSES, DENTAL             124          

APPLIANCES, OSTOMY PRODUCTS, COSMETIC DEVICES SUCH AS BREAST       125          

PROSTHESES, EYELASHES, WIGS, OR OTHER DEVICES THAT DO NOT HAVE A   126          

SIGNIFICANT IMPACT ON THE MUSCULOSKELETAL FUNCTIONS OF THE BODY.   127          

                                                          4      


                                                                 
      Sec. 4779.02.  (A) EXCEPT AS PROVIDED IN DIVISION (B) OF     129          

THIS SECTION, NO PERSON SHALL PRACTICE OR REPRESENT THAT THE       130          

PERSON IS AUTHORIZED TO PRACTICE ORTHOTICS, PROSTHETICS, OR        131          

PEDORTHICS UNLESS THE PERSON HOLDS A CURRENT, VALID LICENSE        132          

ISSUED OR RENEWED UNDER THIS CHAPTER.                                           

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   135          

THE FOLLOWING:                                                     136          

      (1)  AN INDIVIDUAL WHO HOLDS A CURRENT, VALID LICENSE,       138          

CERTIFICATE, OR REGISTRATION ISSUED UNDER CHAPTER 4723., 4730.,    139          

4731., 4734., OR 4755. OF THE REVISED CODE AND IS PRACTICING       142          

WITHIN THE INDIVIDUAL'S SCOPE OF PRACTICE UNDER STATUTES AND                    

RULES REGULATING THE INDIVIDUAL'S PROFESSION;                      143          

      (2)  AN INDIVIDUAL WHO PRACTICES ORTHOTICS, PROSTHETICS, OR  145          

PEDORTHICS AS AN EMPLOYEE OF THE FEDERAL GOVERNMENT AND IS         146          

ENGAGED IN THE PERFORMANCE OF DUTIES PRESCRIBED BY STATUTES AND    147          

REGULATIONS OF THE UNITED STATES;                                  148          

      (3)  AN INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR     150          

PEDORTHIC SERVICES UNDER THE SUPERVISION OF A LICENSED ORTHOTIST,  151          

PROSTHETIST, OR PEDORTHIST IN ACCORDANCE WITH SECTION 4779.04 OF   152          

THE REVISED CODE;                                                  153          

      (4)  AN INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR     155          

PEDORTHIC SERVICES AS PART OF AN EDUCATIONAL, CERTIFICATION, OR    156          

RESIDENCY PROGRAM APPROVED BY THE BOARD UNDER SECTIONS 4779.25 TO  157          

4779.27 OF THE REVISED CODE.                                       159          

      Sec. 4779.03.  NO PERSON SHALL USE THE TITLES "LICENSED      161          

ORTHOTIST," "LICENSED PROSTHETIST," "LICENSED                      162          

ORTHOTIST-PROSTHETIST," OR "LICENSED PEDORTHIST," THE INITIALS     164          

"L.O.," "L.P.," "L.O.P.," OR "L.PED.," OR ANY OTHER TITLE OR       167          

INITIALS TO REPRESENT THAT THE PERSON IS LICENSED TO PRACTICE      168          

ORTHOTICS, PROSTHETICS, OR PEDORTHICS, UNLESS THE PERSON HOLDS A                

CURRENT, VALID LICENSE ISSUED OR RENEWED UNDER THIS CHAPTER.       170          

      NO PERSON SHALL USE ANY TITLE OR INITIALS TO REPRESENT THAT  172          

THE PERSON IS LICENSED TO PRACTICE ORTHOTICS, PROSTHETICS,         173          

ORTHOTICS AND PROSTHETICS, OR PEDORTHICS AS A TEMPORARILY          174          

                                                          5      


                                                                 
LICENSED ORTHOTIST, PROSTHETIST, OR PEDORTHIST, UNLESS THE PERSON  175          

HOLDS A CURRENT, VALID TEMPORARY LICENSE ISSUED OR RENEWED UNDER   176          

THIS CHAPTER.                                                      177          

      Sec. 4779.04.  NO INDIVIDUAL WHO PROVIDES ORTHOTIC,          179          

PROSTHETIC, OR PEDORTHIC SERVICES UNDER THE SUPERVISION OF AN      180          

INDIVIDUAL LICENSED UNDER THIS CHAPTER, AS PROVIDED IN DIVISION    181          

(B)(3) OF SECTION 4779.02 OF THE REVISED CODE, SHALL DO SO UNLESS  182          

ALL OF THE FOLLOWING ARE THE CASE:                                 183          

      (A)  THE INDIVIDUAL DOES NOT PERFORM ANY SERVICES THAT THE   185          

SUPERVISING ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR      186          

PEDORTHIST IS NOT AUTHORIZED TO PERFORM;                           187          

      (B)  DURING THE INITIAL EVALUATION OF ANY PATIENT WHO CAN    189          

REASONABLY BE EXPECTED TO REQUIRE ORTHOTIC, PROSTHETIC, OR         191          

PEDORTHIC SERVICES AND DURING THE FITTING AND DELIVERY OF AN       192          

ORTHOTIC OR PEDORTHIC DEVICE OR PROSTHESIS, THE SUPERVISING                     

ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR PEDORTHIST IS    193          

PHYSICALLY PRESENT;                                                194          

      (C)  AT TIMES OTHER THAN THOSE DESCRIBED IN DIVISION (B) OF  197          

THIS SECTION, THE SUPERVISING ORTHOTIST, PROSTHETIST,              198          

ORTHOTIST-PROSTHETIST, OR PEDORTHIST IS EITHER PHYSICALLY PRESENT  199          

AT THE LOCATION WHERE THE INDIVIDUAL IS PRACTICING OR IS READILY   200          

AVAILABLE TO THE INDIVIDUAL THROUGH SOME MEANS OF                  201          

TELECOMMUNICATION AND IS IN A LOCATION THAT UNDER NORMAL           202          

CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY      203          

FROM THE LOCATION WHERE THE INDIVIDUAL IS PRACTICING.              204          

      NO INDIVIDUAL LICENSED UNDER THIS CHAPTER MAY SUPERVISE      206          

MORE THAN FOUR INDIVIDUALS NOT LICENSED TO PRACTICE ORTHOTICS,     207          

PROSTHETICS, OR PEDORTHICS WHO ARE PRACTICING ORTHOTIC,            208          

PROSTHETIC, OR PEDORTHIC SERVICES.                                 209          

      Sec. 4779.05.  (A)  THERE IS HEREBY CREATED THE STATE BOARD  211          

OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS, CONSISTING OF SEVEN     212          

MEMBERS WHO SHALL BE RESIDENTS OF THIS STATE AND APPOINTED BY THE  214          

GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.  ONE MEMBER    215          

SHALL BE AN ORTHOTIST LICENSED UNDER THIS CHAPTER; ONE MEMBER      216          

                                                          6      


                                                                 
SHALL BE A PROSTHETIST LICENSED UNDER THIS CHAPTER; TWO MEMBERS                 

SHALL BE LICENSED UNDER THIS CHAPTER AS EITHER AN ORTHOTIST OR     217          

PROSTHETIST, OR AS AN ORTHOTIST AND PROSTHETIST; ONE MEMBER SHALL  218          

BE A PEDORTHIST LICENSED UNDER THIS CHAPTER, ONE MEMBER SHALL BE   219          

AN INDIVIDUAL AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE   221          

TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND       222          

SURGERY OR PODIATRY, AND ONE MEMBER SHALL BE A REPRESENTATIVE OF   224          

THE PUBLIC WHO IS A CONSUMER OF ORTHOTIC OR PROSTHETIC GOODS AND   226          

SERVICES.                                                                       

      (B)  WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS     228          

SECTION, THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE       229          

BOARD.  OF THE INITIAL APPOINTMENTS MADE, THREE SHALL BE FOR       230          

TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,   231          

THREE SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE EFFECTIVE    232          

DATE OF THIS SECTION, AND ONE SHALL BE FOR A TERM ENDING FOUR      233          

YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.  THEREAFTER,       234          

TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING    235          

ON THE SAME DAY OF THE SAME MONTH AS THE TERM THAT IT SUCCEEDS.    236          

EACH BOARD MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT   238          

UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED,      239          

EXCEPT THAT A MEMBER SHALL CONTINUE IN OFFICE AFTER THE            240          

EXPIRATION DATE OF A MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR    241          

TAKES OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED,         242          

WHICHEVER OCCURS FIRST.  ANY MEMBER APPOINTED TO FILL A VACANCY    243          

OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE   244          

MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE       245          

REMAINDER OF THAT TERM.  NO MEMBER SHALL SERVE MORE THAN TWO       246          

CONSECUTIVE TERMS.                                                 247          

      Sec. 4779.06.  MEETINGS OF THE STATE BOARD OF ORTHOTICS,     249          

PROSTHETICS, AND PEDORTHICS SHALL BE HELD AT TIMES AND PLACES      250          

ESTABLISHED BY THE BOARD, EXCEPT THAT THE BOARD'S ANNUAL MEETING   251          

SHALL BE HELD IN THIS STATE IN SEPTEMBER.  FOUR MEMBERS OF THE     252          

BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS,   253          

AND THE AFFIRMATIVE VOTE OF NOT FEWER THAN FOUR MEMBERS IS         254          

                                                          7      


                                                                 
REQUIRED FOR THE BOARD TO TAKE ANY OFFICIAL ACTION.  THE BOARD     255          

SHALL ANNUALLY SELECT FROM ITS MEMBERSHIP A PRESIDENT AND A        256          

SECRETARY.                                                         257          

      MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION BUT       259          

SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN  260          

ATTENDING MEETINGS OF THE BOARD AND IN THE PERFORMANCE OF THEIR    261          

OFFICIAL DUTIES.  THE BOARD MAY EMPLOY SUCH EMPLOYEES AS ARE       262          

NECESSARY TO ENABLE IT TO EXECUTE ITS DUTIES.                      263          

      Sec. 4779.07.  (A)  A MEMBER MAY BE REMOVED BY THE GOVERNOR  265          

FROM THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS     267          

FOR ANY OF THE FOLLOWING REASONS:                                  268          

      (1)  THE MEMBER DID NOT HAVE AT THE TIME OF APPOINTMENT OR   270          

HAS NOT MAINTAINED THE QUALIFICATIONS REQUIRED BY DIVISION (A) OF  271          

SECTION 4779.05 OF THE REVISED CODE FOR APPOINTMENT;               272          

      (2)  THE MEMBER VIOLATES ANY PROVISION OF THIS CHAPTER OR    274          

RULE ADOPTED UNDER THIS CHAPTER;                                   275          

      (3)  THE MEMBER IS OR EXPECTS TO BE UNABLE TO DISCHARGE THE  277          

MEMBER'S OFFICIAL DUTIES FOR A SUBSTANTIAL PORTION OF THE          278          

MEMBER'S TERM;                                                     279          

      (4)  THE MEMBER IS ABSENT FROM MORE THAN ONE HALF OF THE     281          

REGULARLY SCHEDULED BOARD MEETINGS THAT THE MEMBER IS ELIGIBLE TO  282          

ATTEND DURING A CALENDAR YEAR.                                     283          

      (B)  THE REMOVAL OF A BOARD MEMBER UNDER THIS SECTION SHALL  285          

NOT AFFECT THE VALIDITY OF ANY ACTION TAKEN BY THE BOARD.          286          

      Sec. 4779.08.  (A)  THE STATE BOARD OF ORTHOTICS,            288          

PROSTHETICS, AND PEDORTHICS SHALL ADOPT RULES IN ACCORDANCE WITH   289          

CHAPTER 119. OF THE REVISED CODE TO CARRY OUT THE PURPOSES OF      290          

THIS CHAPTER, INCLUDING RULES PRESCRIBING ALL OF THE FOLLOWING:    291          

      (1)  THE FORM AND MANNER OF FILING OF APPLICATIONS TO BE     293          

ADMITTED TO EXAMINATIONS AND FOR LICENSURE AND LICENSE RENEWAL;    294          

      (2)  STANDARDS AND PROCEDURES FOR FORMULATING, EVALUATING,   296          

APPROVING, AND ADMINISTERING LICENSING EXAMINATIONS OR             297          

RECOGNIZING OTHER ENTITIES THAT CONDUCT EXAMINATIONS;              298          

      (3)  THE FORM, SCORING, AND SCHEDULING OF LICENSING          300          

                                                          8      


                                                                 
EXAMINATIONS;                                                                   

      (4)  FEES FOR EXAMINATIONS AND APPLICATIONS FOR LICENSURE    302          

AND LICENSE RENEWAL;                                               303          

      (5)  FEES FOR APPROVAL OF CONTINUING EDUCATION COURSES;      305          

      (6)  PROCEDURES FOR ISSUANCE, RENEWAL, SUSPENSION, AND       307          

REVOCATION OF LICENSES AND THE CONDUCT OF DISCIPLINARY HEARINGS;   308          

      (7)  STANDARDS OF ETHICAL AND PROFESSIONAL CONDUCT IN THE    310          

PRACTICE OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS;                311          

      (8)  STANDARDS FOR APPROVING NATIONAL CERTIFICATION          313          

ORGANIZATIONS IN ORTHOTICS, PROSTHETICS, AND PEDORTHICS;           314          

      (9)  FINES FOR VIOLATIONS OF THIS CHAPTER;                   316          

      (10)  STANDARDS FOR THE RECOGNITION AND APPROVAL OF          318          

EDUCATIONAL PROGRAMS REQUIRED FOR LICENSURE, INCLUDING STANDARDS   319          

FOR APPROVING FOREIGN EDUCATIONAL CREDENTIALS;                     320          

      (11)  STANDARDS FOR CONTINUING EDUCATION PROGRAMS REQUIRED   322          

FOR LICENSE RENEWAL;                                               323          

      (12)  PROVISIONS FOR MAKING AVAILABLE THE INFORMATION        325          

DESCRIBED IN SECTION 4779.22 OF THE REVISED CODE.                  326          

      (B)  THE BOARD MAY ADOPT ANY OTHER RULES NECESSARY FOR THE   328          

ADMINISTRATION OF THIS CHAPTER.                                    329          

      Sec. 4779.09.  AN APPLICANT FOR A LICENSE TO PRACTICE        331          

ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR PEDORTHICS   332          

SHALL APPLY TO THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND      333          

PEDORTHICS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4779.08  334          

OF THE REVISED CODE AND PAY THE APPLICATION FEE SPECIFIED IN THE   335          

RULES.  THE BOARD SHALL ISSUE A LICENSE TO AN APPLICANT WHO IS     336          

EIGHTEEN YEARS OF AGE OR OLDER, OF GOOD MORAL CHARACTER, AND       337          

MEETS EITHER THE REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS     339          

SECTION OR THE REQUIREMENTS OF SECTION 4779.16 OR 4779.17 OF THE   340          

REVISED CODE.                                                                   

      (A)  THE APPLICANT MUST PASS AN EXAMINATION CONDUCTED        342          

PURSUANT TO SECTION 4779.15 OF THE REVISED CODE;                   343          

      (B)  THE APPLICANT MUST MEET THE REQUIREMENTS OF ONE OF THE  345          

FOLLOWING:                                                         346          

                                                          9      


                                                                 
      (1)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   348          

ORTHOTICS, THE REQUIREMENTS OF SECTION 4779.10 OF THE REVISED      349          

CODE;                                                                           

      (2)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   352          

PROSTHETICS, THE REQUIREMENTS OF SECTION 4779.11 OF THE REVISED                 

CODE;                                                                           

      (3)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   354          

ORTHOTICS AND PROSTHETICS, THE REQUIREMENTS OF SECTION 4779.12 OF  356          

THE REVISED CODE;                                                               

      (4)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   358          

PEDORTHICS, THE REQUIREMENTS OF SECTION 4779.13 OF THE REVISED     360          

CODE.                                                                           

      Sec. 4779.10.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      362          

ORTHOTICS, AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION     363          

(A) OF THIS SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE   364          

JANUARY 1, 2008, THE REQUIREMENTS OF EITHER DIVISION (A) OR (B)    366          

OF THIS SECTION:                                                   367          

      (A)  THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE        369          

APPLICANT IS IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF  370          

THIS SECTION.                                                      371          

      (1)  ON THE DATE OF APPLICATION, THE APPLICANT HAS           373          

PRACTICED ORTHOTICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE       374          

SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS CHAPTER TO        375          

PRACTICE ORTHOTICS;                                                             

      (2)  THE APPLICANT HAS COMPLETED AN ORTHOTICS RESIDENCY      377          

PROGRAM APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE         378          

REVISED CODE;                                                      379          

      (3) ONE OF THE FOLLOWING IS THE CASE:                        381          

      (a)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS    383          

AND PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE     384          

ORTHOTICS AND PROSTHETICS PROGRAM IS RECOGNIZED BY THE STATE       386          

BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER SECTION      387          

4779.25 OF THE REVISED CODE OR AN EQUIVALENT EDUCATIONAL           388          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    389          

                                                          10     


                                                                 
THE BOARD;                                                                      

      (b) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT     391          

OTHER THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL  392          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    393          

THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS     394          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       396          

CODE.                                                                           

      (B)  THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR        398          

BEFORE JANUARY 1, 2008.  THE REQUIREMENTS OF THIS DIVISION ARE     399          

MET IF THE APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR      401          

(B)(2)(a) OR (b) OF THIS SECTION:                                               

      (1)  IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006,    403          

THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:             404          

      (a)  HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN           406          

ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM  407          

A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY THE BOARD;         409          

      (b)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS        411          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       413          

CODE;                                                                           

      (c)  HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE     415          

PRACTICING OR TEACHING ORTHOTICS.                                  417          

      (2)  IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1,      419          

2008, THE APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)   420          

OR (b) OF THIS SECTION:                                            421          

      (a)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    423          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           425          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       427          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HOLDS A VALID CERTIFICATE IN ORTHOTICS   429          

ISSUED BY THE AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND    431          

PROSTHETICS, THE BOARD FOR ORTHOTIST/PROSTHETIST CERTIFICATION,    432          

OR AN EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED BY THE BOARD;   434          

      (iii)  THE APPLICANT HAS COMPLETED THREE YEARS OF            436          

DOCUMENTED, FULL-TIME EXPERIENCE PRACTICING OR TEACHING            437          

                                                          11     


                                                                 
ORTHOTICS.                                                                      

      (b)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    439          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           441          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       443          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN   445          

ORTHOTICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE     447          

REVISED CODE;                                                                   

      (iii)  THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN    449          

ORTHOTICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE     451          

REVISED CODE OR HAS THREE YEARS OF DOCUMENTED, FULL-TIME           452          

EXPERIENCE PRACTICING OR TEACHING ORTHOTICS.                       453          

      Sec. 4779.11.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      455          

PROSTHETICS, AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION   456          

(A) OF THIS SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE   457          

JANUARY 1, 2008, THE REQUIREMENTS OF EITHER DIVISION (A) OR (B)    459          

OF THIS SECTION:                                                   460          

      (A)  THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE        462          

APPLICANT IS IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF  463          

THIS SECTION.                                                      464          

      (1)  ON THE DATE OF APPLICATION, THE APPLICANT HAS           466          

PRACTICED PROSTHETICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE     467          

SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS CHAPTER TO        468          

PRACTICE PROSTHETICS;                                                           

      (2)  THE APPLICANT HAS COMPLETED A PROSTHETICS RESIDENCY     470          

PROGRAM APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE         471          

REVISED CODE;                                                      472          

      (3)  ONE OF THE FOLLOWING IS THE CASE:                       474          

      (a)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS    476          

AND PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE     477          

ORTHOTICS AND PROSTHETICS PROGRAM IS RECOGNIZED BY THE STATE       479          

BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER SECTION      480          

4779.25 OF THE REVISED CODE OR AN EQUIVALENT EDUCATIONAL           481          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    482          

                                                          12     


                                                                 
THE BOARD;                                                                      

      (b)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT    484          

OTHER THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL  485          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    486          

THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS   487          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       489          

CODE.                                                                           

      (B)  THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR        491          

BEFORE JANUARY 1, 2008.  THE REQUIREMENTS OF THIS DIVISION ARE     492          

MET IF THE APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR      494          

(B)(2)(a) OR (b) OF THIS SECTION:                                  495          

      (1)  IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006,    497          

THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:             498          

      (a)  HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN           500          

ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM  501          

A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY THE BOARD;         503          

      (b)  HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS      505          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       507          

CODE;                                                                           

      (c)  HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE     509          

PRACTICING OR TEACHING PROSTHETICS.                                511          

      (2)  IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1,      513          

2008, THE APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)   514          

OR (b) OF THIS SECTION:                                            515          

      (a)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    517          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           519          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       521          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HOLDS A VALID CERTIFICATE IN             523          

PROSTHETICS ISSUED BY THE AMERICAN BOARD FOR CERTIFICATION IN      525          

ORTHOTICS AND PROSTHETICS, THE BOARD FOR ORTHOTIST/PROSTHETIST     526          

CERTIFICATION, OR AN EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED  527          

BY THE BOARD;                                                      528          

      (iii)  THE APPLICANT HAS COMPLETED THREE YEARS OF            530          

                                                          13     


                                                                 
DOCUMENTED, FULL-TIME EXPERIENCE PRACTICING OR TEACHING            531          

PROSTHETICS.                                                                    

      (b)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    533          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           535          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       537          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN   539          

PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE   540          

REVISED CODE;                                                      541          

      (iii)  THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN    543          

PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE   545          

REVISED CODE OR HAS THREE YEARS OF DOCUMENTED, FULL-TIME           546          

EXPERIENCE PRACTICING OR TEACHING PROSTHETICS.                     547          

      Sec. 4779.12.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      549          

ORTHOTICS AND PROSTHETICS, AN APPLICANT MUST MEET THE              550          

REQUIREMENTS OF DIVISION (A) OF THIS SECTION, OR, IF THE           552          

APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008, THE              553          

REQUIREMENTS OF EITHER DIVISION (A) OR (B) OF THIS SECTION:        555          

      (A)  THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE        557          

APPLICANT IS IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF  558          

THIS SECTION.                                                      559          

      (1)  ON THE DATE OF APPLICATION, THE APPLICANT HAS           561          

PRACTICED ORTHOTICS AND PROSTHETICS FOR NOT LESS THAN EIGHT        562          

MONTHS UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS  563          

CHAPTER TO PRACTICE ORTHOTICS AND PROSTHETICS;                     564          

      (2)  THE APPLICANT HAS COMPLETED AN ORTHOTICS AND            566          

PROSTHETICS RESIDENCY PROGRAM APPROVED BY THE BOARD UNDER SECTION  568          

4779.27 OF THE REVISED CODE;                                       569          

      (3)  ONE OF THE FOLLOWING IS THE CASE:                       571          

      (a)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS    573          

AND PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE     574          

ORTHOTICS AND PROSTHETICS PROGRAM IS RECOGNIZED BY THE STATE       576          

BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER SECTION      577          

4779.25 OF THE REVISED CODE OR AN EQUIVALENT EDUCATIONAL           578          

                                                          14     


                                                                 
CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    579          

THE BOARD;                                                                      

      (b)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT    581          

OTHER THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL  582          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    583          

THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS     584          

AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF   585          

THE REVISED CODE.                                                  586          

      (B)  THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR        588          

BEFORE JANUARY 1, 2008.  THE REQUIREMENTS OF THIS DIVISION ARE     589          

MET IF THE APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR      591          

(B)(2)(a) OR (b) OF THIS SECTION:                                  592          

      (1)  IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006,    594          

THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:             595          

      (a)  HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN           597          

ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM  598          

A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY THE BOARD;         600          

      (b)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS AND    602          

PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE   603          

REVISED CODE;                                                      604          

      (c)  HAS SIX YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE       606          

PRACTICING OR TEACHING ORTHOTICS OR PROSTHETICS.                   608          

      (2)  IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1,      610          

2008, THE APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)   611          

OR (b) OF THIS SECTION:                                            612          

      (a)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    614          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           616          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       618          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HOLDS A VALID CERTIFICATE IN ORTHOTICS   620          

AND PROSTHETICS ISSUED BY THE AMERICAN BOARD FOR CERTIFICATION IN  622          

ORTHOTICS AND PROSTHETICS, THE BOARD FOR ORTHOTIST/PROSTHETIST     623          

CERTIFICATION, OR AN EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED  624          

BY THE BOARD;                                                      625          

                                                          15     


                                                                 
      (iii)  THE APPLICANT HAS COMPLETED SIX YEARS OF DOCUMENTED,  627          

FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS OR           628          

PROSTHETICS.                                                                    

      (b)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    630          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           632          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       634          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN   636          

ORTHOTICS AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION    637          

4779.26 OF THE REVISED CODE;                                       638          

      (iii)  THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN    640          

ORTHOTICS AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION    642          

4779.27 OF THE REVISED CODE OR HAS SIX YEARS OF DOCUMENTED,        643          

FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS OR           644          

PROSTHETICS.                                                                    

      Sec. 4779.13.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      646          

PEDORTHICS, AN APPLICANT MUST MEET ALL OF THE FOLLOWING            647          

REQUIREMENTS:                                                                   

      (A)  ON THE DATE OF APPLICATION, HAS PRACTICED PEDORTHICS    650          

FOR NOT LESS THAN EIGHT MONTHS UNDER THE SUPERVISION OF AN         651          

INDIVIDUAL LICENSED UNDER THIS CHAPTER TO PRACTICE PEDORTHICS;                  

      (B)  HOLDS A HIGH SCHOOL DIPLOMA OR CERTIFICATE OF HIGH      654          

SCHOOL EQUIVALENCE ISSUED BY THE STATE BOARD OF EDUCATION OR A                  

COMPARABLE AGENCY OF ANOTHER STATE;                                656          

      (C)  HAS COMPLETED THE EDUCATION, TRAINING, AND EXPERIENCE   659          

REQUIRED TO TAKE THE CERTIFICATION EXAMINATION DEVELOPED BY THE    660          

BOARD FOR CERTIFICATION IN PEDORTHICS OR AN EQUIVALENT SUCCESSOR   661          

ORGANIZATION RECOGNIZED BY THE BOARD.                                           

      Sec. 4779.15.  EXCEPT AS PROVIDED IN SECTIONS 4779.16 AND    663          

4779.17 OF THE REVISED CODE, THE STATE BOARD OF ORTHOTICS,         664          

PROSTHETICS, AND PEDORTHICS SHALL EXAMINE OR CAUSE TO BE EXAMINED  665          

EACH INDIVIDUAL WHO SEEKS TO PRACTICE ORTHOTICS, PROSTHETICS,      666          

ORTHOTICS AND PROSTHETICS, OR PEDORTHICS IN THIS STATE.            668          

      TO BE ELIGIBLE TO TAKE AN EXAMINATION CONDUCTED BY THE       670          

                                                          16     


                                                                 
BOARD OR AN ENTITY RECOGNIZED BY THE BOARD FOR THE PURPOSE OF      671          

THIS SECTION, AN INDIVIDUAL MUST FILE AN APPLICATION AND PAY AN    672          

EXAMINATION FEE AS SPECIFIED IN RULES ADOPTED BY THE BOARD UNDER   673          

SECTION 4779.08 OF THE REVISED CODE AND MEET ALL THE REQUIREMENTS               

OF SECTION 4779.09 OF THE REVISED CODE OTHER THAN THE REQUIREMENT  674          

OF HAVING PASSED THE EXAMINATION.                                  675          

      EXAMINATIONS SHALL BE CONDUCTED AT LEAST ONCE A YEAR IN      678          

ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER SECTION 4779.08   679          

OF THE REVISED CODE.  EACH APPLICANT SHALL BE EXAMINED IN SUCH     680          

SUBJECTS AS THE BOARD REQUIRES.                                                 

      THE BOARD MAY USE AS ITS EXAMINATION ALL OR PART OF A        682          

STANDARD ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR     683          

PEDORTHICS LICENSING EXAMINATION ESTABLISHED FOR THE PURPOSE OF    684          

DETERMINING THE COMPETENCE OF INDIVIDUALS TO PRACTICE ORTHOTICS,   685          

PROSTHETICS, OR PEDORTHICS IN THE UNITED STATES.  IN LIEU OF       686          

CONDUCTING EXAMINATIONS, THE BOARD MAY ACCEPT THE RESULTS OF       687          

EXAMINATIONS CONDUCTED BY ENTITIES RECOGNIZED BY THE BOARD.        688          

      Sec. 4779.16.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    690          

AND PEDORTHICS SHALL ISSUE A LICENSE UNDER SECTION 4779.09 OF THE  691          

REVISED CODE TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS AND     693          

PROSTHETICS, OR PEDORTHICS WITHOUT EXAMINATION TO AN APPLICANT                  

WHO MEETS THE REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS        694          

SECTION:                                                           695          

      (A)  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE        697          

EFFECTIVE DATE OF THIS SECTION, APPLIES TO THE BOARD IN            699          

ACCORDANCE WITH SECTION 4779.09 OF THE REVISED CODE;               700          

      (B)(1)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO         702          

PRACTICE ORTHOTICS, IS ACTIVELY PRACTICING OR TEACHING ORTHOTICS   704          

ON THE EFFECTIVE DATE OF THIS SECTION AND COMPLIES WITH DIVISION                

(B)(2)(a) OR (b) OF THIS SECTION:                                  705          

      (a)  THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:  707          

      (i)  HOLDS A BACHELOR'S DEGREE OR HIGHER FROM A NATIONALLY   710          

ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED STATES;             711          

      (ii)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS       714          

                                                          17     


                                                                 
APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED CODE;   715          

      (iii)  IS CERTIFIED IN ORTHOTICS BY THE AMERICAN BOARD FOR   718          

CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF                        

ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR    719          

ORGANIZATION RECOGNIZED BY THE BOARD;                              720          

      (iv)  HAS COMPLETED A RESIDENCY PROGRAM APPROVED BY THE      722          

BOARD UNDER SECTION 4779.27 OF THE REVISED CODE.                   723          

      (b)  THE INDIVIDUAL MEETS BOTH OF THE FOLLOWING              725          

REQUIREMENTS:                                                                   

      (i)  HAS A MINIMUM OF THREE YEARS OF DOCUMENTED, FULL-TIME   728          

EXPERIENCE PRACTICING OR TEACHING ORTHOTICS;                                    

      (ii)  HAS PASSED THE CERTIFICATION EXAMINATION IN ORTHOTICS  731          

DEVELOPED BY THE AMERICAN BOARD OF CERTIFICATION IN ORTHOTICS AND  732          

PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST CERTIFICATION, OR  733          

AN EQUIVALENT ORGANIZATION RECOGNIZED BY THE BOARD.                734          

      (2)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   736          

PROSTHETICS, IS ACTIVELY PRACTICING OR TEACHING PROSTHETICS ON     738          

THE EFFECTIVE DATE OF THIS SECTION AND COMPLIES WITH DIVISION      739          

(B)(2)(a) OR (b) OF THIS SECTION:                                  740          

      (a)  THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:  742          

      (i)  HOLDS A BACHELOR'S DEGREE OR HIGHER FROM A NATIONALLY   745          

ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED STATES;             746          

      (ii)  HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS     749          

APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED CODE;   751          

      (iii)  IS CERTIFIED IN PROSTHETICS BY THE AMERICAN BOARD     753          

FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF       755          

ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR    756          

ORGANIZATION RECOGNIZED BY THE BOARD;                              757          

      (iv)  HAS COMPLETED A RESIDENCY PROGRAM APPROVED BY THE      759          

BOARD UNDER SECTION 4779.27 OF THE REVISED CODE.                   760          

      (b)  THE APPLICANT MEETS BOTH OF THE FOLLOWING               762          

REQUIREMENTS:                                                                   

      (i)  HAS A MINIMUM OF THREE YEARS OF DOCUMENTED, FULL-TIME   765          

EXPERIENCE PRACTICING OR TEACHING PROSTHETICS;                                  

                                                          18     


                                                                 
      (ii)  HAS PASSED THE CERTIFICATION EXAMINATION IN            767          

PROSTHETICS OF THE AMERICAN BOARD OF CERTIFICATION IN ORTHOTICS    768          

AND PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST                769          

CERTIFICATION, OR AN EQUIVALENT ORGANIZATION RECOGNIZED BY THE     770          

BOARD.                                                                          

      (3)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   772          

ORTHOTICS AND PROSTHETICS, THE APPLICANT COMPLIES WITH DIVISION    774          

(B)(3)(a) OR (b) OF THIS SECTION:                                               

      (a)  THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:  776          

      (i)  HOLDS A BACHELOR'S DEGREE OR HIGHER FROM AN ACCREDITED  779          

COLLEGE OR UNIVERSITY IN THE UNITED STATES;                                     

      (ii)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS AND   782          

PROSTHETICS APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE     783          

REVISED CODE;                                                                   

      (iii)  HAS COMPLETED A RESIDENCY PROGRAM IN ORTHOTICS AND    786          

PROSTHETICS APPROVED UNDER SECTION 4779.27 OF THE REVISED CODE;    787          

      (iv)  IS CERTIFIED IN ORTHOTICS AND PROSTHETICS BY THE       790          

AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS,     791          

THE BOARD OF ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN            792          

EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED BY THE BOARD;         793          

      (b)  THE APPLICANT MEETS BOTH OF THE FOLLOWING               795          

REQUIREMENTS:                                                                   

      (i)  HAS A MINIMUM OF SIX YEARS OF DOCUMENTED, FULL-TIME     798          

EXPERIENCE PRACTICING OR TEACHING ORTHOTICS AND PROSTHETICS;       799          

      (ii)  HAS PASSED THE ORTHOTICS AND PROSTHETICS               801          

CERTIFICATION EXAMINATION REQUIREMENTS OF THE AMERICAN BOARD FOR   802          

CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF           804          

ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT              805          

ORGANIZATION RECOGNIZED BY THE BOARD.                              806          

      (4) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE    808          

PEDORTHICS, IS ACTIVELY PRACTICING OR TEACHING PEDORTHICS ON THE   810          

EFFECTIVE DATE OF THIS SECTION AND IS CERTIFIED IN PEDORTHICS BY                

THE BOARD FOR CERTIFICATION IN PEDORTHICS.                         811          

      Sec. 4779.17.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    813          

                                                          19     


                                                                 
AND PEDORTHICS SHALL ISSUE A LICENSE UNDER SECTION 4779.09 OF THE  814          

REVISED CODE TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS AND     816          

PROSTHETICS, OR PEDORTHICS WITHOUT EXAMINATION TO AN APPLICANT                  

WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:                       817          

      (A)  APPLIES TO THE BOARD IN ACCORDANCE WITH SECTION         820          

4779.09 OF THE REVISED CODE;                                                    

      (B)  HOLDS A LICENSE TO PRACTICE ORTHOTICS, PROSTHETICS,     822          

ORTHOTICS AND PROSTHETICS, OR PEDORTHICS ISSUED BY THE             823          

APPROPRIATE AUTHORITY OF ANOTHER STATE;                            824          

      (C)  ONE OF THE FOLLOWING APPLIES:                           826          

      (1)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   828          

ORTHOTICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS       830          

(A)(2) AND (3) OF SECTION 4779.10 OF THE REVISED CODE.                          

      (2)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   832          

PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS     834          

(A)(2) AND (3) OF SECTION 4779.11 OF THE REVISED CODE.                          

      (3)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   836          

ORTHOTICS AND PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS    837          

IN DIVISIONS (A)(2) AND (3) OF SECTION 4779.12 OF THE REVISED      838          

CODE.                                                                           

      (4)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   840          

PEDORTHICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS (B)  842          

AND (C) OF SECTION 4779.13 OF THE REVISED CODE.                                 

      Sec. 4779.18.  (A)  THE STATE BOARD OF ORTHOTICS,            844          

PROSTHETICS, AND PEDORTHICS SHALL ISSUE A TEMPORARY LICENSE TO AN  845          

INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:            846          

      (1)  APPLIES TO THE BOARD IN ACCORDANCE WITH RULES ADOPTED   848          

UNDER SECTION 4779.08 OF THE REVISED CODE AND PAYS THE             849          

APPLICATION FEE SPECIFIED IN THE RULES;                            850          

      (2)  IS EIGHTEEN YEARS OF AGE OR OLDER;                      852          

      (3)  IS OF GOOD MORAL CHARACTER;                             854          

      (4)  ONE OF THE FOLLOWING APPLIES:                           856          

      (a)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   858          

ORTHOTICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS       860          

                                                          20     


                                                                 
(A)(2) AND (3) OF SECTION 4779.10 OF THE REVISED CODE.             861          

      (b)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   863          

PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS     865          

(A)(2) AND (3) OF SECTION 4779.11 OF THE REVISED CODE.                          

      (c)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   867          

ORTHOTICS AND PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS    868          

IN DIVISIONS (A)(2) AND (3) OF SECTION 4779.12 OF THE REVISED      869          

CODE.                                                                           

      (d)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   871          

PEDORTHICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS (B)  873          

AND (C) OF SECTION 4779.13 OF THE REVISED CODE.                                 

      (B)  A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID  875          

FOR ONE YEAR AND MAY BE RENEWED ONCE IN ACCORDANCE WITH RULES      877          

ADOPTED BY THE BOARD UNDER SECTION 4779.08 OF THE REVISED CODE.    878          

      AN INDIVIDUAL WHO HOLDS A TEMPORARY LICENSE MAY PRACTICE     880          

ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR PEDORTHICS   882          

ONLY UNDER THE SUPERVISION OF AN INDIVIDUAL WHO HOLDS A LICENSE    883          

ISSUED UNDER SECTION 4779.09 OF THE REVISED CODE IN THE SAME AREA               

OF PRACTICE.                                                       884          

      Sec. 4779.19.  A LICENSE ISSUED UNDER SECTION 4779.09 OF     886          

THE REVISED CODE OR RENEWED UNDER SECTION 4779.20 OF THE REVISED   887          

CODE IS VALID FOR NOT LESS THAN THREE YEARS AND NOT MORE THAN      888          

FOUR YEARS AND EXPIRES ON THE THIRTY-FIRST DAY OF JANUARY.         889          

      Sec. 4779.20.  (A)  AN INDIVIDUAL SEEKING TO RENEW A         891          

LICENSE ISSUED UNDER SECTION 4779.09 OF THE REVISED CODE SHALL,    892          

ON OR BEFORE THE THIRTY-FIRST DAY OF JANUARY OF THE YEAR IN WHICH  894          

THE LICENSE EXPIRES, APPLY FOR RENEWAL.  THE STATE BOARD OF        895          

ORTHOTICS, PROSTHETICS, AND PEDORTHICS SHALL SEND RENEWAL NOTICES  896          

AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE.                                

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    898          

BOARD PRESCRIBES AND FURNISHES.  EACH APPLICATION SHALL BE         899          

ACCOMPANIED BY A RENEWAL FEE SPECIFIED IN RULES ADOPTED BY THE     900          

BOARD UNDER SECTION 4779.08 OF THE REVISED CODE.                   901          

      (B)  TO BE ELIGIBLE FOR RENEWAL OTHER THAN A FIRST RENEWAL,  903          

                                                          21     


                                                                 
THE LICENSE HOLDER MUST CERTIFY TO THE BOARD ONE OF THE            904          

FOLLOWING:                                                                      

      (1)  IN THE CASE OF AN INDIVIDUAL LICENSED AS AN ORTHOTIST   906          

OR PROSTHETIST, THE INDIVIDUAL HAS COMPLETED WITHIN THE PRECEDING  907          

THREE YEARS FORTY-FIVE CONTINUING EDUCATION UNITS GRANTED BY THE   908          

BOARD UNDER SECTION 4779.24 OF THE REVISED CODE;                   909          

      (2)  IN THE CASE OF AN INDIVIDUAL LICENSED AS A PROSTHETIST  911          

AND ORTHOTIST, THE INDIVIDUAL HAS COMPLETED WITHIN THE PRECEDING   912          

THREE YEARS SEVENTY-FIVE CONTINUING EDUCATION UNITS GRANTED BY     913          

THE BOARD UNDER SECTION 4779.24 OF THE REVISED CODE;               914          

      (3)  IN THE CASE OF AN INDIVIDUAL LICENSED AS A PEDORTHIST,  916          

THE INDIVIDUAL HAS COMPLETED WITHIN THE PREVIOUS THREE YEARS THE   917          

CONTINUING EDUCATION COURSES REQUIRED BY THE BOARD FOR             918          

CERTIFICATION IN PEDORTHICS OR AN EQUIVALENT ORGANIZATION          919          

RECOGNIZED BY THE BOARD.                                           920          

      Sec. 4779.21.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    922          

AND PEDORTHICS SHALL MAINTAIN BOARD RECORDS, INCLUDING RECORDS OF  923          

THE BOARD'S PROCEEDINGS, A REGISTRY OF ALL APPLICANTS FOR          924          

LICENSURE THAT INDICATES WHETHER THE APPLICANT WAS GRANTED A       925          

LICENSE, AND ANY OTHER RECORDS NECESSARY TO CARRY OUT THE          926          

PROVISIONS OF THIS CHAPTER.                                        927          

      Sec. 4779.22.  (A)  THE STATE BOARD OF ORTHOTICS,            929          

PROSTHETICS, AND PEDORTHICS SHALL PUBLISH AND MAKE AVAILABLE TO    930          

THE PUBLIC WRITTEN INFORMATION REGARDING BOTH OF THE FOLLOWING:    931          

      (1)  THE BOARD'S REGULATORY FUNCTIONS AND THE PROVISIONS OF  933          

THIS CHAPTER;                                                      934          

      (2)  THE PROCEDURES BY WHICH COMPLAINTS ARE FILED WITH THE   936          

BOARD, WHICH SHALL INCLUDE A DESCRIPTION OF THE COMPLAINT          937          

PROCEDURES AND THE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF  938          

THE BOARD.                                                                      

      (B)  THE BOARD SHALL MAKE THE INFORMATION DESCRIBED IN       940          

DIVISION (A) OF THIS SECTION AVAILABLE TO ALL OF THE FOLLOWING:    941          

      (1)  CONSUMERS OF ORTHOTIC, PROSTHETIC, AND PEDORTHIC GOODS  943          

AND SERVICES;                                                      944          

                                                          22     


                                                                 
      (2)  INDIVIDUALS LICENSED BY THE BOARD;                      946          

      (3)  NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, AND         948          

PEDORTHIC CERTIFYING AND ACCREDITING ORGANIZATIONS;                949          

      (4)  NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, AND         951          

PEDORTHIC EDUCATIONAL ORGANIZATIONS;                               952          

      (5)  ANY OTHER ENTITY THAT MAY REASONABLY REQUIRE THE        954          

INFORMATION.                                                       955          

      (C)  THE BOARD MAY MAKE AVAILABLE ANY OF THE INFORMATION     957          

DESCRIBED IN DIVISION (A) OF THIS SECTION BY ADOPTING A RULE       958          

UNDER SECTION 4779.08 OF THE REVISED CODE REQUIRING THE            959          

INFORMATION TO BE DISPLAYED IN ANY OF THE FOLLOWING WAYS:          960          

      (1)  ON EACH REGISTRATION FORM OR APPLICATION PREPARED BY    962          

THE BOARD;                                                         963          

      (2)  ON A SIGN PROMINENTLY DISPLAYED IN THE PLACE OF         965          

BUSINESS OF EACH INDIVIDUAL LICENSED UNDER THIS CHAPTER;           966          

      (3)  IN EACH BILL OR WRITTEN CONTRACT FOR SERVICES PROVIDED  968          

BY AN INDIVIDUAL LICENSED UNDER THIS CHAPTER.                      969          

      Sec. 4779.23.  (A)  TO BE ELIGIBLE FOR APPROVAL BY THE       971          

STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS, A           972          

CONTINUING EDUCATION COURSE MUST SATISFY ALL OF THE FOLLOWING      973          

REQUIREMENTS:                                                                   

      (1)  INCLUDE SIGNIFICANT INTELLECTUAL OR PRACTICAL CONTENT   975          

AND BE DESIGNED TO IMPROVE THE PROFESSIONAL COMPETENCE OF          976          

PARTICIPANTS;                                                      977          

      (2)  DEAL WITH MATTERS DIRECTLY RELATED TO THE PRACTICE OF   979          

ORTHOTICS, PROSTHETICS, OR PEDORTHICS, INCLUDING PROFESSIONAL      980          

RESPONSIBILITY, ETHICAL OBLIGATIONS, OR SIMILAR SUBJECTS THAT THE  982          

BOARD CONSIDERS NECESSARY TO MAINTAIN AND IMPROVE THE QUALITY OF   983          

ORTHOTIC AND PROSTHETIC SERVICES IN THIS STATE;                    984          

      (3)  INVOLVE IN-PERSON INSTRUCTION, EXCEPT THAT A COURSE     986          

MAY USE SELF-STUDY MATERIALS IF THE MATERIALS ARE PREPARED AND     987          

PRESENTED BY A GROUP WITH APPROPRIATE PRACTICAL EXPERIENCE;        988          

      (4)  BE PRESENTED IN A SETTING THAT IS PHYSICALLY SUITED TO  990          

THE COURSE;                                                        991          

                                                          23     


                                                                 
      (5)  INCLUDE THOROUGH, HIGH-QUALITY WRITTEN MATERIAL;        993          

      (6)  MEET ANY OTHER REQUIREMENTS THE BOARD CONSIDERS         995          

APPROPRIATE.                                                                    

      (B)  THE BOARD SHALL, IN ACCORDANCE WITH THE STANDARDS IN    997          

DIVISION (A) OF THIS SECTION, REVIEW AND APPROVE CONTINUING        998          

EDUCATION COURSES.  IF THE BOARD DOES NOT APPROVE A COURSE, IT     999          

SHALL PROVIDE A WRITTEN EXPLANATION OF THE REASON FOR THE DENIAL   1,001        

TO THE PERSON THAT REQUESTED APPROVAL.  THE BOARD MAY APPROVE      1,002        

CONTINUING EDUCATION COURSES APPROVED BY BOARDS OF OTHER STATES    1,003        

THAT REGULATE ORTHOTICS, PROSTHETICS, AND PEDORTHICS IF THE OTHER  1,004        

BOARD'S STANDARDS FOR APPROVING CONTINUING EDUCATION COURSES ARE   1,005        

EQUIVALENT TO THE STANDARDS ESTABLISHED PURSUANT TO DIVISION (A)   1,006        

OF THIS SECTION.                                                   1,007        

      Sec. 4779.24.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,009        

AND PEDORTHICS SHALL GRANT CONTINUING EDUCATION UNITS TO           1,010        

INDIVIDUALS LICENSED UNDER THIS CHAPTER ON THE FOLLOWING BASIS:    1,011        

      (A)  FOR COMPLETING A CONTINUING EDUCATION COURSE APPROVED   1,013        

BY THE BOARD UNDER SECTION 4779.23 OF THE REVISED CODE, ONE UNIT   1,014        

FOR EACH HOUR OF INSTRUCTION RECEIVED;                             1,015        

      (B)  FOR TEACHING AS A FACULTY MEMBER A COURSE IN            1,017        

ORTHOTICS, PROSTHETICS, OR PEDORTHICS THAT IS PART OF THE          1,018        

CURRICULUM OF AN INSTITUTION OF HIGHER EDUCATION, ONE-HALF UNIT    1,020        

FOR EACH SEMESTER HOUR OF THE COURSE, OR AN EQUIVALENT UNIT FOR    1,021        

EACH QUARTER OR TRIMESTER HOUR OF THE COURSE;                      1,022        

      (C)  FOR TEACHING OTHER THAN AS A FACULTY MEMBER A COURSE    1,024        

THAT IS PART OF AN INSTITUTION OF HIGHER EDUCATION'S ORTHOTICS,    1,025        

PROSTHETICS, OR PEDORTHICS CURRICULUM, ONE UNIT FOR EACH HOUR      1,026        

TEACHING THE COURSE;                                               1,027        

      (D)  FOR TEACHING A CONTINUING EDUCATION COURSE THAT IS      1,029        

APPROVED BY THE BOARD UNDER SECTION 4779.23 OF THE REVISED CODE    1,030        

THAT IS NOT PART OF AN INSTITUTION OF HIGHER EDUCATION'S           1,031        

ORTHOTICS, PROSTHETICS, OR PEDORTHICS CURRICULUM, THREE UNITS FOR  1,032        

EACH HOUR TEACHING THE COURSE FOR THE FIRST TIME AND ONE-HALF      1,033        

UNIT FOR EACH HOUR TEACHING THE COURSE EACH TIME THEREAFTER.       1,034        

                                                          24     


                                                                 
      Sec. 4779.25.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,036        

AND PEDORTHICS SHALL RECOGNIZE AN INSTITUTION OF HIGHER            1,037        

EDUCATION'S BACHELOR'S DEGREE PROGRAM IN ORTHOTICS AND             1,038        

PROSTHETICS IF THE PROGRAM SATISFIES ALL OF THE FOLLOWING          1,039        

REQUIREMENTS:                                                                   

      (A)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,041        

OF INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS    1,042        

OF INSTRUCTION IN PROSTHETICS;                                     1,043        

      (B)  REQUIRES AS A CONDITION OF ENTRY A HIGH SCHOOL DIPLOMA  1,045        

OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE ISSUED BY THE STATE      1,046        

BOARD OF EDUCATION;                                                1,047        

      (C)  INCLUDES A WRITTEN DESCRIPTION OF THE PROGRAM THAT      1,049        

INCLUDES LEARNING GOALS, COURSE OBJECTIVES, AND COMPETENCIES FOR   1,050        

GRADUATION;                                                        1,051        

      (D)  REQUIRES FREQUENT, DOCUMENTED EVALUATION OF STUDENTS    1,053        

TO ASSESS THEIR ACQUISITION OF KNOWLEDGE, PROBLEM IDENTIFICATION   1,054        

AND SOLVING SKILLS, AND PSYCHOMOTOR, BEHAVIORAL, AND CLINICAL      1,055        

COMPETENCIES;                                                      1,056        

      (E)  REQUIRES AS A CONDITION OF ENTRY SUCCESSFUL COMPLETION  1,058        

OF COURSES IN BIOLOGY, CHEMISTRY, PHYSICS, PSYCHOLOGY, COMPUTER    1,059        

SCIENCE, ALGEBRA OR HIGHER MATH, HUMAN ANATOMY WITH A LABORATORY   1,060        

SECTION, AND PHYSIOLOGY WITH A LABORATORY SECTION;                 1,061        

      (F)  REQUIRES FORMAL INSTRUCTION IN BIOMECHANICS, GAIT       1,063        

ANALYSIS AND PATHOMETRICS, KINESIOLOGY, PATHOLOGY, MATERIALS       1,065        

SCIENCE, RESEARCH METHODS, AND DIAGNOSTIC IMAGING TECHNIQUES;      1,066        

      (G)  REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO       1,068        

DEMONSTRATE ORTHOTICS SKILLS, INCLUDING MEASUREMENT,               1,069        

IMPRESSION-TAKING, MODEL RECTIFICATION, AND FITTING AND ALIGNMENT  1,070        

OF ORTHOSES FOR THE LOWER LIMBS, UPPER LIMBS, AND SPINES;          1,071        

      (H)  REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO       1,073        

COMPLETE TRAINING IN ORTHOTIC SYSTEMS, INCLUDING FOOT ORTHOSIS,    1,074        

ANKLE-FOOT ORTHOSIS, KNEE ORTHOSIS, KNEE-ANKLE-FOOT ORTHOSIS,      1,075        

HIP-KNEE-ANKLE ORTHOSIS, HIP ORTHOSIS, WRIST-HAND ORTHOSIS,        1,076        

CERVICAL-THORACIC-LUMBO-SACRAL ORTHOSIS, THORACOLUMBO-SACRAL       1,077        

                                                          25     


                                                                 
ORTHOSIS, LUMBO-SACRAL ORTHOSIS, HALO, FRACTURE MANAGEMENT, RGO,   1,079        

STANDING FRAMES, AND SEATING;                                                   

      (I)  REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO       1,081        

DEMONSTRATE PROSTHETIC SKILLS THAT INCLUDE MEASUREMENT,            1,082        

IMPRESSION TAKING, MODEL RECTIFICATION, DIAGNOSTIC FITTING,        1,083        

DEFINITIVE FITTING, POSTOPERATIVE MANAGEMENT, EXTERNAL POWER, AND  1,084        

STATIC AND DYNAMIC ALIGNMENT OF SOCKETS RELATED TO VARIOUS         1,085        

AMPUTATION LEVELS, INCLUDING PARTIAL FOOT, SYME'S BELOW KNEE,      1,086        

ABOVE KNEE, BELOW ELBOW, ABOVE ELBOW, AND THE VARIOUS JOINT        1,087        

DISARTICULATIONS;                                                               

      (J)  REQUIRES AS A CONDITION OF GRADUATION STUDENTS TO       1,089        

COMPLETE NOT LESS THAN FIVE HUNDRED HOURS OF SUPERVISED CLINICAL   1,091        

EXPERIENCE THAT FOCUS ON PATIENT-RELATED ACTIVITIES, INCLUDING     1,092        

RECOMMENDATION, MEASUREMENT, IMPRESSION-TAKING, MODEL              1,093        

RECTIFICATION, FABRICATION, FITTING, AND EVALUATING PATIENTS IN    1,094        

THE USE AND FUNCTION OF ORTHOTICS AND PROSTHETICS;                 1,095        

      (K)  PROVIDES FOR THE EVALUATION OF THE PROGRAM'S            1,097        

COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION THROUGH REGULAR,  1,098        

ON-SITE VISITS CONDUCTED BY A TEAM OF QUALIFIED INDIVIDUALS FROM   1,099        

A NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, OR ORTHOTIC AND      1,100        

PROSTHETIC CERTIFYING BODY;                                        1,101        

      (L)  MEETS ANY OTHER STANDARDS ADOPTED BY THE BOARD UNDER    1,103        

SECTION 4779.08 OF THE REVISED CODE.                               1,104        

      Sec. 4779.26.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,106        

AND PEDORTHICS SHALL RECOGNIZE A CERTIFICATE PROGRAM IN            1,107        

ORTHOTICS, PROSTHETICS, OR ORTHOTICS AND PROSTHETICS IF THE        1,108        

PROGRAM SATISFIES ALL OF THE FOLLOWING REQUIREMENTS:               1,109        

      (A)  MEETS THE REQUIREMENTS IN DIVISIONS (B), (C), (D),      1,112        

(E), (F), (K), AND (L) OF SECTION 4779.24 OF THE REVISED CODE;     1,114        

      (B)  IN THE CASE OF A CERTIFICATE PROGRAM IN ORTHOTICS, THE  1,116        

PROGRAM DOES ALL OF THE FOLLOWING:                                 1,118        

      (1)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,120        

OF INSTRUCTION IN ORTHOTICS;                                       1,121        

      (2)  REQUIRES STUDENTS TO COMPLETE NOT LESS THAN TWO         1,123        

                                                          26     


                                                                 
HUNDRED FIFTY HOURS OF SUPERVISED CLINICAL EXPERIENCE THAT         1,124        

FOCUSES ON PATIENT-RELATED ACTIVITIES, RECOMMENDATION,             1,125        

MEASUREMENT, IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION,  1,126        

FITTING, AND EVALUATING PATIENTS IN THE USE AND FUNCTION OF        1,127        

ORTHOTICS;                                                                      

      (3)  MEETS THE REQUIREMENTS IN DIVISIONS (G) AND (H) OF      1,129        

SECTION 4779.25 OF THE REVISED CODE.                               1,130        

      (C)  IN THE CASE OF A CERTIFICATE PROGRAM IN PROSTHETICS,    1,132        

THE PROGRAM DOES ALL OF THE FOLLOWING:                             1,133        

      (1)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,135        

OF INSTRUCTION IN PROSTHETICS;                                     1,136        

      (2)  REQUIRES STUDENTS TO COMPLETE NOT LESS THAN TWO         1,138        

HUNDRED FIFTY HOURS OF SUPERVISED CLINICAL EXPERIENCE THAT         1,139        

FOCUSES ON PATIENT-RELATED ACTIVITIES, RECOMMENDATION,             1,140        

MEASUREMENT, IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION,  1,141        

FITTING, AND EVALUATING PATIENTS IN THE USE AND FUNCTION OF        1,142        

PROSTHETICS;                                                                    

      (3)  MEETS THE REQUIREMENTS IN DIVISIONS (F) AND (I) OF      1,144        

SECTION 4779.25 OF THE REVISED CODE.                               1,146        

      (D)  IN THE CASE OF A CERTIFICATE PROGRAM IN ORTHOTICS AND   1,148        

PROSTHETICS, THE PROGRAM DOES BOTH OF THE FOLLOWING:               1,149        

      (1)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,151        

OF INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS    1,152        

OF INSTRUCTION IN PROSTHETICS;                                     1,153        

      (2)  MEETS THE REQUIREMENTS IN DIVISIONS (H) AND (I) OF      1,155        

SECTION 4779.25 OF THE REVISED CODE.                               1,157        

      Sec. 4779.27.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,159        

AND PEDORTHICS SHALL APPROVE A RESIDENCY PROGRAM IN ORTHOTICS,     1,160        

PROSTHETICS, OR ORTHOTICS AND PROSTHETICS IF THE PROGRAM DOES ALL  1,161        

OF THE FOLLOWING:                                                  1,162        

      (A)  REQUIRES A BACHELOR'S DEGREE AS A CONDITION OF ENTRY;   1,164        

      (B)  DOES ONE OF THE FOLLOWING:                              1,166        

      (1)  IN THE CASE OF A RESIDENCY PROGRAM IN ORTHOTICS,        1,168        

PROVIDES TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN         1,169        

                                                          27     


                                                                 
ORTHOTICS;                                                                      

      (2)  IN THE CASE OF A RESIDENCY PROGRAM IN PROSTHETICS,      1,171        

PROVIDES TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN         1,172        

PROSTHETICS;                                                                    

      (3)  IN THE CASE OF A RESIDENCY PROGRAM IN ORTHOTICS AND     1,174        

PROSTHETICS, PROVIDES TWO SEMESTERS OR THREE QUARTERS OF           1,175        

INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS OF    1,176        

INSTRUCTION IN PROSTHETICS.                                        1,177        

      (C)  MEETS THE REQUIREMENTS IN DIVISIONS (K) AND (L) OF      1,180        

SECTION 4779.25 OF THE REVISED CODE;                                            

      (D)  PROVIDES RESIDENTS WITH A SUFFICIENT VARIETY AND        1,182        

VOLUME OF CLINICAL EXPERIENCES TO GIVE THEM ADEQUATE EDUCATIONAL   1,183        

EXPERIENCE IN THE ACUTE, REHABILITATIVE, AND CHRONIC ASPECTS OF    1,184        

ORTHOTICS AND PROSTHETICS, INCLUDING RECOMMENDATION, MEASUREMENT,  1,185        

IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION, FITTING, AND  1,186        

EVALUATING PATIENTS IN THE USE AND FUNCTION OF ORTHOTICS AND       1,187        

PROSTHETICS;                                                       1,188        

      (E)  PROVIDES RESIDENTS WITH SUFFICIENT TRAINING IN          1,190        

CLINICAL ASSESSMENT, PATIENT MANAGEMENT, TECHNICAL                 1,191        

IMPLEMENTATION, PRACTICE MANAGEMENT, AND PROFESSIONAL              1,192        

RESPONSIBILITY.                                                                 

      Sec. 4779.28.  (A)  THE BOARD MAY, PURSUANT TO AN            1,194        

ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE AND BY A VOTE  1,195        

OF NOT FEWER THAN FOUR OF ITS MEMBERS, LIMIT, REVOKE, OR SUSPEND   1,196        

A LICENSE ISSUED UNDER THIS CHAPTER, REFUSE TO ISSUE A LICENSE TO  1,197        

AN APPLICANT, OR REPRIMAND OR PLACE ON PROBATION A LICENSE HOLDER  1,198        

FOR ANY OF THE FOLLOWING REASONS:                                  1,199        

      (1)  CONVICTION OF, OR A PLEA OF GUILTY TO, A MISDEMEANOR    1,201        

OR FELONY INVOLVING MORAL TURPITUDE;                               1,202        

      (2)  ANY VIOLATION OF THIS CHAPTER;                          1,204        

      (3)  COMMITTING FRAUD, MISREPRESENTATION, OR DECEPTION IN    1,206        

APPLYING FOR OR SECURING A LICENSE ISSUED UNDER THIS CHAPTER;      1,207        

      (4)  HABITUAL USE OF DRUGS OR INTOXICANTS TO THE EXTENT      1,209        

THAT IT RENDERS THE PERSON UNFIT TO PRACTICE;                      1,210        

                                                          28     


                                                                 
      (5)  VIOLATION OF ANY RULE ADOPTED BY THE BOARD UNDER        1,212        

SECTION 4779.08 OF THE REVISED CODE;                               1,213        

      (6)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     1,215        

STANDARDS OF CARE OF SIMILAR ORTHOTISTS, PROSTHETISTS,             1,216        

ORTHOTISTS-PROSTHETISTS, OR PEDORTHISTS UNDER THE SAME OR SIMILAR  1,217        

CIRCUMSTANCES, REGARDLESS OF WHETHER ACTUAL INJURY TO A PATIENT    1,218        

IS ESTABLISHED;                                                    1,219        

      (7)  OBTAINING OR ATTEMPTING TO OBTAIN MONEY OR ANYTHING OF  1,221        

VALUE BY FRAUDULENT MISREPRESENTATION IN THE COURSE OF PRACTICE;   1,222        

      (8)  PUBLISHING A FALSE, FRAUDULENT, DECEPTIVE, OR           1,224        

MISLEADING STATEMENT;                                              1,225        

      (9)  WAIVING THE PAYMENT OF ALL OR PART OF A DEDUCTIBLE OR   1,227        

COPAYMENT THAT A PATIENT, PURSUANT TO A HEALTH INSURANCE OR        1,228        

HEALTH CARE POLICY, CONTRACT, OR PLAN, WOULD OTHERWISE BE          1,229        

REQUIRED TO PAY, IF THE WAIVER IS USED AS AN ENTICEMENT TO A       1,230        

PATIENT OR GROUP OF PATIENTS TO RECEIVE HEALTH CARE SERVICES FROM  1,231        

A PERSON WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER;            1,232        

      (10)  ADVERTISING THAT A PERSON WHO HOLDS A LICENSE ISSUED   1,234        

UNDER THIS CHAPTER WILL WAIVE THE PAYMENT OF ALL OR PART OF A      1,235        

DEDUCTIBLE OR COPAYMENT THAT A PATIENT, PURSUANT TO A HEALTH       1,236        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN, THAT COVERS    1,237        

THE PERSON'S SERVICES, WOULD OTHERWISE BE REQUIRED TO PAY.         1,238        

      (B)  FOR THE PURPOSE OF INVESTIGATING WHETHER A PERSON IS    1,241        

ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN DIVISION (A) OF    1,242        

THIS SECTION, THE BOARD MAY ADMINISTER OATHS, ORDER THE TAKING OF  1,243        

DEPOSITIONS, ISSUE SUBPOENAS, EXAMINE WITNESSES, AND COMPEL THE    1,245        

ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,                      

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY.                         1,247        

      Sec. 4779.29.  IF THE BOARD DETERMINES THAT THERE IS CLEAR   1,249        

AND CONVINCING EVIDENCE THAT AN INDIVIDUAL LICENSED UNDER THIS     1,250        

CHAPTER IS ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN         1,251        

DIVISION (A) OF SECTION 4779.28 OF THE REVISED CODE AND THAT THE   1,253        

LICENSE HOLDER'S CONTINUED PRACTICE PRESENTS A DANGER OF           1,254        

IMMEDIATE AND SERIOUS HARM TO THE PUBLIC, THE BOARD MAY SUSPEND    1,255        

                                                          29     


                                                                 
THE INDIVIDUAL'S LICENSE WITHOUT AN ADJUDICATORY HEARING.  A       1,256        

TELEPHONE CONFERENCE CALL MAY BE USED FOR REVIEWING THE MATTER     1,257        

AND TAKING THE VOTE.                                                            

      IF THE BOARD VOTES TO SUSPEND AN INDIVIDUAL'S LICENSE, THE   1,259        

BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY CERTIFIED MAIL  1,260        

OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED      1,261        

CODE.  THE ORDER IS NOT SUBJECT TO SUSPENSION BY A COURT DURING    1,262        

PENDANCY OF ANY APPEAL FILED UNDER SECTION 119.12 OF THE REVISED   1,263        

CODE.  IF THE LICENSE HOLDER REQUESTS AN ADJUDICATORY HEARING BY   1,264        

THE BOARD, THE DATE SET FOR THE HEARING SHALL BE NOT LATER THAN    1,265        

FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS, AFTER THE REQUEST,  1,266        

UNLESS OTHERWISE AGREED TO BY THE BOARD AND THE LICENSE HOLDER.    1,267        

      ANY SUSPENSION IMPOSED UNDER THIS SECTION SHALL REMAIN IN    1,269        

EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL ADJUDICATIVE      1,270        

ORDER ISSUED BY THE BOARD PURSUANT TO SECTION 119.12 OF THE        1,271        

REVISED CODE BECOMES EFFECTIVE.  THE BOARD SHALL ISSUE ITS FINAL   1,272        

ADJUDICATIVE ORDER WITHIN SIXTY DAYS AFTER COMPLETION OF ITS       1,273        

HEARING.  A FAILURE TO ISSUE AN ORDER WITHIN SIXTY DAYS SHALL      1,274        

RESULT IN THE DISSOLUTION OF THE SUMMARY SUSPENSION ORDER, BUT     1,275        

SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL ADJUDICATIVE ORDER.     1,276        

      Sec. 4779.30.  IF THE STATE BOARD OF ORTHOTICS,              1,278        

PROSTHETICS, AND PEDORTHICS HAS REASON TO BELIEVE THAT A PERSON    1,279        

WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER IS MENTALLY ILL OR   1,280        

MENTALLY INCOMPETENT, IT MAY FILE IN THE PROBATE COURT OF THE      1,281        

COUNTY IN WHICH THE PERSON HAS A LEGAL RESIDENCE AN AFFIDAVIT IN   1,282        

THE FORM PRESCRIBED IN SECTION 5122.11 OF THE REVISED CODE AND     1,283        

SIGNED BY THE SECRETARY OF THE BOARD, WHEREUPON THE SAME           1,284        

PROCEEDING SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE        1,285        

REVISED CODE.  THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN     1,286        

ANY PROCEEDING COMMENCED UNDER THIS SECTION.                       1,287        

      IF AN INDIVIDUAL WHO HAS BEEN GRANTED A LICENSE UNDER THIS   1,289        

CHAPTER IS ADJUDICATED BY A PROBATE COURT TO BE MENTALLY ILL OR    1,290        

MENTALLY INCOMPETENT, THE INDIVIDUAL'S LICENSE SHALL BE            1,291        

AUTOMATICALLY SUSPENDED UNTIL THE INDIVIDUAL HAS FILED WITH THE    1,292        

                                                          30     


                                                                 
BOARD A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE COURT OF    1,293        

THE INDIVIDUAL'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS       1,294        

SUBMITTED TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, OF        1,295        

HAVING BEEN RESTORED TO COMPETENCY IN THE MANNER AND FORM          1,297        

PROVIDED IN SECTION 5122.38 OF THE REVISED CODE.  THE JUDGE OF     1,298        

THE COURT SHALL IMMEDIATELY NOTIFY THE BOARD OF AN ADJUDICATION                 

OF INCOMPETENCE AND NOTE ANY SUSPENSION OF A LICENSE IN THE        1,299        

MARGIN OF THE COURT'S RECORD OF THE CERTIFICATE.  IN THE ABSENCE   1,300        

OF FRAUD OR BAD FAITH, NEITHER THE BOARD NOR ANY AGENT,            1,301        

REPRESENTATIVE, OR EMPLOYEE OF THE BOARD SHALL BE HELD LIABLE IN   1,302        

DAMAGES BY ANY PERSON BY REASON OF THE FILING OF THE AFFIDAVIT     1,303        

REFERRED TO IN THIS SECTION.                                       1,304        

      Sec. 4779.31.  BEFORE REINSTATING A LICENSE ISSUED UNDER     1,306        

THIS CHAPTER THAT HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS, THE  1,307        

BOARD MAY REQUIRE AN INDIVIDUAL TO PASS THE APPROPRIATE LICENSING  1,308        

EXAMINATION.                                                       1,309        

      Sec. 4779.32.  IF ANY PERSON MAKES AN ALLEGATION AGAINST AN  1,311        

INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER, THE      1,312        

ALLEGATION SHALL BE REDUCED TO WRITING AND VERIFIED BY A PERSON    1,313        

WHO IS FAMILIAR WITH THE FACTS UNDERLYING THE ALLEGATION.  THE     1,314        

PERSON MAKING THE ALLEGATION SHALL FILE THREE COPIES OF THE        1,315        

ALLEGATION WITH THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND     1,316        

PEDORTHICS.  IF A PERSON ALLEGES THAT A LICENSE HOLDER IS          1,317        

ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN DIVISION (A) OF    1,318        

SECTION 4779.28 OF THE REVISED CODE, THE BOARD MAY PROCEED WITH    1,319        

AN ADJUDICATION HEARING UNDER CHAPTER 119. OF THE REVISED CODE.    1,320        

THE BOARD SHALL RETAIN THE INFORMATION FILED UNDER THIS SECTION    1,321        

IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER SECTION        1,322        

4779.08 OF THE REVISED CODE.                                                    

      Sec. 4779.33.  THE SECRETARY OF THE STATE BOARD OF           1,324        

ORTHOTICS, PROSTHETICS, AND PEDORTHICS SHALL ENFORCE THE LAWS      1,325        

RELATING TO THE PRACTICE OF ORTHOTICS, PROSTHETICS, AND            1,326        

PEDORTHICS.  IF THE SECRETARY HAS KNOWLEDGE OF A VIOLATION, THE    1,327        

SECRETARY SHALL INVESTIGATE THE VIOLATION AND NOTIFY THE           1,328        

                                                          31     


                                                                 
PROSECUTING ATTORNEY OF THE PROPER COUNTY.                         1,329        

      Sec. 4779.99.  WHOEVER VIOLATES SECTION 4779.02, 4779.03,    1,331        

OR 4779.04 REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR ON THE    1,333        

FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE INDIVIDUAL IS                    

GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.                      1,334        

      Section 2.  That existing section 4755.40 of the Revised     1,336        

Code is hereby repealed.                                           1,337        

      Section 3.  Sections 4779.02, 4779.03, and 4779.04 of the    1,339        

Revised Code shall take effect one year after the effective date   1,340        

of this act.                                                                    

      Section 4.  For purposes of the supervision requirement of   1,342        

division (A)(1) of section 4779.10, division (A)(1) of section     1,343        

4779.11, and division (A)(1) of section 4779.12 of the Revised     1,344        

Code, practice prior to the effective dates of sections 4779.02    1,345        

to 4779.04 of the Revised Code under the supervision of a person   1,346        

who qualifies for a license under section 4779.09 of the Revised                

Code shall be considered supervision by a license holder.          1,347        

      Section 5.  (A)  Notwithstanding the qualifications for      1,349        

members of the State Board of Orthotics, Prosthetics, and          1,350        

Pedorthics described in division (A) of section 4779.05 of the     1,351        

Revised Code, members initially appointed to the Board by the      1,352        

Governor, with the advice and consent of the Senate, shall         1,353        

possess the qualifications described in division (B) of this       1,354        

section instead of the qualifications described in division (A)    1,355        

of section 4779.05 of the Revised Code.                            1,356        

      (B)  Two members of the Board shall be individuals who are   1,358        

certified as an orthotist, prosthetist, or orthotist-prosthetist   1,359        

by the American Board of Certification in Orthotics and            1,360        

Prosthetics or an equivalent successor organization recognized by  1,361        

the Board.  Two members shall be individuals who are certified as  1,362        

an orthotist, prosthetist, or orthotist-prosthetist by the Board   1,363        

for orthotist/prosthetist certification or an equivalent           1,364        

successor organization recognized by the Board.  One member shall  1,365        

be an individual who is certified as a pedorthist by the Board     1,366        

                                                          32     


                                                                 
for certification in pedorthics or an equivalent successor         1,367        

organization recognized by the Board.  One member shall be an      1,368        

individual authorized under Chapter 4731. of the Revised Code to   1,370        

practice medicine and surgery or osteopathic medicine and surgery  1,371        

or podiatry.  One member shall be a representative of the public   1,373        

who is a consumer of orthotic or prosthetic goods and services.    1,374