As Passed by the House                        1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


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

     CATES-MOTTLEY-HOUSEHOLDER-WIDENER-BARRETT-OLMAN-CORBIN        9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4743.05 and 4755.40 and to enact    12           

                sections 4779.01 to 4779.13, 4779.15 to 4779.33,   14           

                and 4779.99 of the Revised Code to revise the      15           

                definition of physical therapy, to establish the                

                State Board of Orthotics, Prosthetics, and         17           

                Pedorthics and provide for the licensure of        18           

                orthotists, prosthetists, and pedorthists, and to               

                terminate provisions of this act by repealing      19           

                sections 4779.01, 4779.02, 4779.03, 4779.04,       20           

                4779.05, 4779.06, 4779.07, 4779.08, 4779.09,       21           

                4779.10, 4779.11, 4779.12, 4779.13, 4779.15,       22           

                4779.16, 4779.17, 4779.18, 4779.19, 4779.20,       23           

                4779.21, 4779.22, 4779.23, 4779.24, 4779.25,                    

                4779.26, 4779.27, 4779.28, 4779.29, 4779.30,       24           

                4779.31, 4779.32, 4779.33, and 4779.99 of the      25           

                Revised Code, effective December 31, 2004.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 4743.05 and 4775.40 be amended     29           

and sections 4779.01, 4779.02, 4779.03, 4779.04, 4779.05,          32           

4779.06, 4779.07, 4779.08, 4779.09, 4779.10, 4779.11, 4779.12,     33           

4779.13, 4779.15, 4779.16, 4779.17, 4779.18, 4779.19, 4779.20,     34           

4779.21, 4779.22, 4779.23, 4779.24, 4779.25, 4779.26, 4779.27,     35           

4779.28, 4779.29, 4779.30, 4779.31, 4779.32, 4779.33, and 4779.99  36           

of the Revised Code be enacted to read as follows:                 37           

      Sec. 4743.05.  Except as otherwise provided in sections      46           

                                                          2      


                                                                 
4701.20, 4723.061, and 4729.65 of the Revised Code, all money      47           

collected under Chapters 3773., 4701., 4703., 4709., 4713.,        48           

4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,     49           

4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code,  51           

AND UNTIL DECEMBER 31, 2004, MONEY COLLECTED UNDER CHAPTER 4779.   52           

OF THE REVISED CODE, shall be paid into the state treasury to the  54           

credit of the occupational licensing and regulatory fund, which    55           

is hereby created for use in administering such chapters.  Money   56           

deposited to the credit of the fund under section 4731.24 of the   57           

Revised Code shall be used until July 1, 1998, for administering   58           

Chapters 4730. and 4731. of the Revised Code.                      59           

      At the end of each quarter, the director of budget and       61           

management shall transfer from the occupational licensing and      63           

regulatory fund to the nurse education assistance fund created in  64           

section 3333.28 of the Revised Code the amount certified to the    65           

director under division (B) of section 4723.08 of the Revised      66           

Code.                                                                           

      At the end of the first quarter of 1995 and at the end of    68           

each quarter thereafter, the director shall transfer from the      69           

occupational licensing and regulatory fund to the certified        70           

public accountant education assistance fund created in section     71           

4701.26 of the Revised Code the amount certified to the director   73           

under division (D)(2) of section 4701.10 of the Revised Code.                   

      Sec. 4755.40.  As used in sections 4755.40 to 4755.56 and    84           

4755.99 of the Revised Code:                                                    

      (A)  "Physical therapy" means the evaluation and treatment   86           

of a person by physical measures and the use of therapeutic        87           

exercises and rehabilitative procedures, with or without           88           

assistive devices, for the purpose of preventing, correcting, or   89           

alleviating any disability.   IF PERFORMED BY A PERSON WHO IS      91           

ADEQUATELY TRAINED, PHYSICAL THERAPY INCLUDES THE DESIGN,          92           

FABRICATION, REVISION, EDUCATION, AND INSTRUCTION IN THE USE OF    93           

VARIOUS ASSISTIVE DEVICES INCLUDING BRACES, SPLINTS, AMBULATORY    94           

OR LOCOMOTION DEVICES, WHEELCHAIRS, PROSTHETICS, AND ORTHOTICS.    95           

                                                          3      


                                                                 
Physical therapy ALSO includes the establishment and modification  96           

of physical therapy programs, treatment planning, instruction,     97           

and consultative services. Physical measures include massage,      98           

heat, cold, air, light, water, electricity, sound, and the         99           

performance of tests of neuromuscular function as an aid to such   100          

treatment.  Physical therapy does not include the diagnosis of a   101          

patient's disability, the use of Roentgen rays or radium for       102          

diagnostic or therapeutic purposes, or the use of electricity for  103          

cauterization or other surgical purposes.  Physical therapy        104          

includes physiotherapy.                                                         

      (B)  "Physical therapist" means a person who practices or    106          

teaches physical therapy and includes physiotherapist.             107          

      (C)  "Physical therapist assistant" means a person who       109          

assists in the provision of physical therapy treatments under the  110          

supervision of a physical therapist, or teaches physical therapy   111          

under the supervision of a physical therapist, and includes        112          

physical therapy assistant.                                        113          

      (D)  "Supervision" means the availability and                115          

responsibility of the supervisor for direction of the actions of   116          

the person supervised.                                             117          

      Sec. 4779.01.  AS USED IN THIS CHAPTER:                      119          

      (A)  "ACCOMMODATIVE" MEANS DESIGNED WITH THE PRIMARY GOAL    121          

OF CONFORMING TO THE ANATOMY OF A PARTICULAR INDIVIDUAL.           122          

      (B)  "FULL-TIME" MEANS NOT LESS THAN ONE THOUSAND SIX        124          

HUNDRED HOURS PER YEAR.                                            125          

      (C)  "INLAY" MEANS ANY REMOVABLE MATERIAL ON WHICH THE FOOT  127          

RESTS INSIDE A SHOE AND THAT MAY BE AN INTEGRAL DESIGN COMPONENT   128          

OF THE SHOE.                                                       129          

      (D)  "ORTHOTICS" MEANS THE EVALUATION, MEASUREMENT, DESIGN,  131          

FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR TRAINING  132          

IN THE USE OF AN ORTHOTIC OR PEDORTHIC DEVICE, OR THE REPAIR,      133          

REPLACEMENT, ADJUSTMENT, OR SERVICE OF AN EXISTING ORTHOTIC OR     134          

PEDORTHIC DEVICE.  IT DOES NOT INCLUDE UPPER EXTREMITY ADAPTIVE    135          

EQUIPMENT USED TO FACILITATE THE ACTIVITIES OF DAILY LIVING,       136          

                                                          4      


                                                                 
FINGER SPLINTS, ELASTIC ABDOMINAL SUPPORTS WITHOUT METAL OR        137          

PLASTIC REINFORCING STAYS, NONTHERAPEUTIC ACCOMMODATIVE INLAYS,    138          

SHOES THAT ARE NOT MANUFACTURED OR MODIFIED FOR A PARTICULAR       139          

INDIVIDUAL, PREFABRICATED FOOT CARE PRODUCTS, DURABLE MEDICAL      141          

EQUIPMENT, DENTAL APPLIANCES, PEDORTHIC DEVICES, OR DEVICES        142          

IMPLANTED INTO THE BODY BY A PHYSICIAN.                                         

      (E)  "ORTHOTIC DEVICE" MEANS A CUSTOM FABRICATED OR FITTED   144          

MEDICAL DEVICE USED TO SUPPORT, CORRECT, OR ALLEVIATE              145          

NEUROMUSCULAR OR MUSCULOSKELETAL DYSFUNCTION, DISEASE, INJURY, OR  146          

DEFORMITY.                                                                      

      (F)  "PEDORTHICS" MEANS THE EVALUATION, MEASUREMENT,         148          

DESIGN, FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR   149          

TRAINING IN THE USE OF A PEDORTHIC DEVICE, OR THE REPAIR,          150          

REPLACEMENT, ADJUSTMENT, OR SERVICING OF A PEDORTHIC DEVICE.       151          

      (G)  "PEDORTHICS DEVICE" MEANS A CUSTOM FABRICATED OR        153          

FITTED THERAPEUTIC SHOE, SHOE MODIFICATION FOR THERAPEUTIC         154          

PURPOSES, PROSTHETIC FILLER OF THE FOREFOOT, OR FOOT ORTHOSIS FOR  155          

USE FROM THE APEX OF THE MEDICAL MALLEUS AND BELOW.  IT DOES NOT   156          

INCLUDE AN ARCH SUPPORT, A NONTHERAPEUTIC ACCOMMODATIVE INLAY,     157          

NONTHERAPEUTIC ACCOMMODATIVE FOOTWEAR, PREFABRICATED FOOTCARE      158          

PRODUCTS, OR UNMODIFIED, OVER-THE-COUNTER SHOES.                   159          

      (H)  "PROSTHETICS" MEANS THE EVALUATION, MEASUREMENT,        161          

DESIGN, FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR   162          

TRAINING IN THE USE OF A PROSTHESIS OR PEDORTHIC DEVICE, OR THE    163          

REPAIR, REPLACEMENT, ADJUSTMENT, OR SERVICE OF A PROSTHESIS OR     164          

PEDORTHIC DEVICE.                                                  165          

      (I)  "PROSTHESIS" MEANS A CUSTOM FABRICATED OR FITTED        167          

MEDICAL DEVICE USED TO REPLACE A MISSING APPENDAGE OR OTHER        168          

EXTERNAL BODY PART.  IT INCLUDES AN ARTIFICIAL LIMB, HAND, OR      169          

FOOT, BUT DOES NOT INCLUDE DEVICES IMPLANTED INTO THE BODY BY A    170          

PHYSICIAN, ARTIFICIAL EYES, INTRAOCULAR LENSES, DENTAL             171          

APPLIANCES, OSTOMY PRODUCTS, COSMETIC DEVICES SUCH AS BREAST       172          

PROSTHESES, EYELASHES, WIGS, OR OTHER DEVICES THAT DO NOT HAVE A   173          

SIGNIFICANT IMPACT ON THE MUSCULOSKELETAL FUNCTIONS OF THE BODY.   174          

                                                          5      


                                                                 
      Sec. 4779.02.  (A) EXCEPT AS PROVIDED IN DIVISION (B) OF     176          

THIS SECTION, NO PERSON SHALL PRACTICE OR REPRESENT THAT THE       177          

PERSON IS AUTHORIZED TO PRACTICE ORTHOTICS, PROSTHETICS, OR        178          

PEDORTHICS UNLESS THE PERSON HOLDS A CURRENT, VALID LICENSE        179          

ISSUED OR RENEWED UNDER THIS CHAPTER.                                           

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   182          

THE FOLLOWING:                                                     183          

      (1)  AN INDIVIDUAL WHO HOLDS A CURRENT, VALID LICENSE,       185          

CERTIFICATE, OR REGISTRATION ISSUED UNDER CHAPTER 4723., 4730.,    186          

4731., 4734., OR 4755. OF THE REVISED CODE AND IS PRACTICING       189          

WITHIN THE INDIVIDUAL'S SCOPE OF PRACTICE UNDER STATUTES AND                    

RULES REGULATING THE INDIVIDUAL'S PROFESSION;                      190          

      (2)  AN INDIVIDUAL WHO PRACTICES ORTHOTICS, PROSTHETICS, OR  192          

PEDORTHICS AS AN EMPLOYEE OF THE FEDERAL GOVERNMENT AND IS         193          

ENGAGED IN THE PERFORMANCE OF DUTIES PRESCRIBED BY STATUTES AND    194          

REGULATIONS OF THE UNITED STATES;                                  195          

      (3)  AN INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR     197          

PEDORTHIC SERVICES UNDER THE SUPERVISION OF A LICENSED ORTHOTIST,  198          

PROSTHETIST, OR PEDORTHIST IN ACCORDANCE WITH SECTION 4779.04 OF   199          

THE REVISED CODE;                                                  200          

      (4)  AN INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR     202          

PEDORTHIC SERVICES AS PART OF AN EDUCATIONAL, CERTIFICATION, OR    203          

RESIDENCY PROGRAM APPROVED BY THE BOARD UNDER SECTIONS 4779.25 TO  204          

4779.27 OF THE REVISED CODE.                                       206          

      Sec. 4779.03.  NO PERSON SHALL USE THE TITLES "LICENSED      208          

ORTHOTIST," "LICENSED PROSTHETIST," "LICENSED                      209          

ORTHOTIST-PROSTHETIST," OR "LICENSED PEDORTHIST," THE INITIALS     211          

"L.O.," "L.P.," "L.O.P.," OR "L.PED.," OR ANY OTHER TITLE OR       214          

INITIALS TO REPRESENT THAT THE PERSON IS LICENSED TO PRACTICE      215          

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

CURRENT, VALID LICENSE ISSUED OR RENEWED UNDER THIS CHAPTER.       217          

      NO PERSON SHALL USE ANY TITLE OR INITIALS TO REPRESENT THAT  219          

THE PERSON IS LICENSED TO PRACTICE ORTHOTICS, PROSTHETICS,         220          

ORTHOTICS AND PROSTHETICS, OR PEDORTHICS AS A TEMPORARILY          221          

                                                          6      


                                                                 
LICENSED ORTHOTIST, PROSTHETIST, OR PEDORTHIST, UNLESS THE PERSON  222          

HOLDS A CURRENT, VALID TEMPORARY LICENSE ISSUED OR RENEWED UNDER   223          

THIS CHAPTER.                                                      224          

      Sec. 4779.04.  NO INDIVIDUAL WHO PROVIDES ORTHOTIC,          226          

PROSTHETIC, OR PEDORTHIC SERVICES UNDER THE SUPERVISION OF AN      227          

INDIVIDUAL LICENSED UNDER THIS CHAPTER, AS PROVIDED IN DIVISION    228          

(B)(3) OF SECTION 4779.02 OF THE REVISED CODE, SHALL DO SO UNLESS  229          

ALL OF THE FOLLOWING ARE THE CASE:                                 230          

      (A)  THE INDIVIDUAL DOES NOT PERFORM ANY SERVICES THAT THE   232          

SUPERVISING ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR      233          

PEDORTHIST IS NOT AUTHORIZED TO PERFORM;                           234          

      (B)  DURING THE INITIAL EVALUATION OF ANY PATIENT WHO CAN    236          

REASONABLY BE EXPECTED TO REQUIRE ORTHOTIC, PROSTHETIC, OR         238          

PEDORTHIC SERVICES AND DURING THE FITTING AND DELIVERY OF AN       239          

ORTHOTIC OR PEDORTHIC DEVICE OR PROSTHESIS, THE SUPERVISING                     

ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR PEDORTHIST IS    240          

PHYSICALLY PRESENT;                                                241          

      (C)  AT TIMES OTHER THAN THOSE DESCRIBED IN DIVISION (B) OF  244          

THIS SECTION, THE SUPERVISING ORTHOTIST, PROSTHETIST,              245          

ORTHOTIST-PROSTHETIST, OR PEDORTHIST IS EITHER PHYSICALLY PRESENT  246          

AT THE LOCATION WHERE THE INDIVIDUAL IS PRACTICING OR IS READILY   247          

AVAILABLE TO THE INDIVIDUAL THROUGH SOME MEANS OF                  248          

TELECOMMUNICATION AND IS IN A LOCATION THAT UNDER NORMAL           249          

CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY      250          

FROM THE LOCATION WHERE THE INDIVIDUAL IS PRACTICING.              251          

      NO INDIVIDUAL LICENSED UNDER THIS CHAPTER MAY SUPERVISE      253          

MORE THAN FOUR INDIVIDUALS NOT LICENSED TO PRACTICE ORTHOTICS,     254          

PROSTHETICS, OR PEDORTHICS WHO ARE PRACTICING ORTHOTIC,            255          

PROSTHETIC, OR PEDORTHIC SERVICES.                                 256          

      Sec. 4779.05.  (A)  THERE IS HEREBY CREATED THE STATE BOARD  258          

OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS, CONSISTING OF SEVEN     259          

MEMBERS WHO SHALL BE RESIDENTS OF THIS STATE AND APPOINTED BY THE  261          

GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.  ONE MEMBER    262          

SHALL BE AN ORTHOTIST LICENSED UNDER THIS CHAPTER; ONE MEMBER      263          

                                                          7      


                                                                 
SHALL BE A PROSTHETIST LICENSED UNDER THIS CHAPTER; TWO MEMBERS                 

SHALL BE LICENSED UNDER THIS CHAPTER AS EITHER AN ORTHOTIST OR     264          

PROSTHETIST, OR AS AN ORTHOTIST AND PROSTHETIST; ONE MEMBER SHALL  265          

BE A PEDORTHIST LICENSED UNDER THIS CHAPTER; ONE MEMBER SHALL BE   266          

AN INDIVIDUAL AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE   268          

TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND       269          

SURGERY OR PODIATRY; AND ONE MEMBER SHALL BE A REPRESENTATIVE OF   271          

THE PUBLIC WHO IS A CONSUMER OF ORTHOTIC OR PROSTHETIC GOODS AND   273          

SERVICES.                                                                       

      (B)  WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS     275          

SECTION, THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE       276          

BOARD.  OF THE INITIAL APPOINTMENTS MADE, THREE SHALL BE FOR       277          

TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,   278          

THREE SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE EFFECTIVE    279          

DATE OF THIS SECTION, AND ONE SHALL BE FOR A TERM ENDING FOUR      280          

YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.  THEREAFTER,       281          

TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING    282          

ON THE SAME DAY OF THE SAME MONTH AS THE TERM THAT IT SUCCEEDS.    283          

EACH BOARD MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT   285          

UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED,      286          

EXCEPT THAT A MEMBER SHALL CONTINUE IN OFFICE AFTER THE            287          

EXPIRATION DATE OF A MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR    288          

TAKES OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED,         289          

WHICHEVER OCCURS FIRST.  ANY MEMBER APPOINTED TO FILL A VACANCY    290          

OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE   291          

MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE       292          

REMAINDER OF THAT TERM.  NO MEMBER SHALL SERVE MORE THAN TWO       293          

CONSECUTIVE TERMS.                                                 294          

      Sec. 4779.06.  MEETINGS OF THE STATE BOARD OF ORTHOTICS,     296          

PROSTHETICS, AND PEDORTHICS SHALL BE HELD AT TIMES AND PLACES      297          

ESTABLISHED BY THE BOARD, EXCEPT THAT THE BOARD'S ANNUAL MEETING   298          

SHALL BE HELD IN THIS STATE IN SEPTEMBER.  FOUR MEMBERS OF THE     299          

BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS,   300          

AND THE AFFIRMATIVE VOTE OF NOT FEWER THAN FOUR MEMBERS IS         301          

                                                          8      


                                                                 
REQUIRED FOR THE BOARD TO TAKE ANY OFFICIAL ACTION.  THE BOARD     302          

SHALL ANNUALLY SELECT FROM ITS MEMBERSHIP A PRESIDENT AND A        303          

SECRETARY.                                                         304          

      MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION BUT       306          

SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN  307          

ATTENDING MEETINGS OF THE BOARD AND IN THE PERFORMANCE OF THEIR    308          

OFFICIAL DUTIES.  THE BOARD MAY EMPLOY SUCH EMPLOYEES AS ARE       309          

NECESSARY TO ENABLE IT TO EXECUTE ITS DUTIES.                      310          

      Sec. 4779.07.  (A)  A MEMBER MAY BE REMOVED BY THE GOVERNOR  312          

FROM THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS     314          

FOR ANY OF THE FOLLOWING REASONS:                                  315          

      (1)  THE MEMBER DID NOT HAVE AT THE TIME OF APPOINTMENT OR   317          

HAS NOT MAINTAINED THE QUALIFICATIONS REQUIRED BY DIVISION (A) OF  318          

SECTION 4779.05 OF THE REVISED CODE FOR APPOINTMENT;               319          

      (2)  THE MEMBER VIOLATES ANY PROVISION OF THIS CHAPTER OR    321          

RULE ADOPTED UNDER THIS CHAPTER;                                   322          

      (3)  THE MEMBER IS OR EXPECTS TO BE UNABLE TO DISCHARGE THE  324          

MEMBER'S OFFICIAL DUTIES FOR A SUBSTANTIAL PORTION OF THE          325          

MEMBER'S TERM;                                                     326          

      (4)  THE MEMBER IS ABSENT FROM MORE THAN ONE-HALF OF THE     328          

REGULARLY SCHEDULED BOARD MEETINGS THAT THE MEMBER IS ELIGIBLE TO  329          

ATTEND DURING A CALENDAR YEAR.                                     330          

      (B)  THE REMOVAL OF A BOARD MEMBER UNDER THIS SECTION SHALL  332          

NOT AFFECT THE VALIDITY OF ANY ACTION TAKEN BY THE BOARD.          333          

      Sec. 4779.08.  (A)  THE STATE BOARD OF ORTHOTICS,            335          

PROSTHETICS, AND PEDORTHICS SHALL ADOPT RULES IN ACCORDANCE WITH   336          

CHAPTER 119. OF THE REVISED CODE TO CARRY OUT THE PURPOSES OF      337          

THIS CHAPTER, INCLUDING RULES PRESCRIBING ALL OF THE FOLLOWING:    338          

      (1)  THE FORM AND MANNER OF FILING OF APPLICATIONS TO BE     340          

ADMITTED TO EXAMINATIONS AND FOR LICENSURE AND LICENSE RENEWAL;    341          

      (2)  STANDARDS AND PROCEDURES FOR FORMULATING, EVALUATING,   343          

APPROVING, AND ADMINISTERING LICENSING EXAMINATIONS OR             344          

RECOGNIZING OTHER ENTITIES THAT CONDUCT EXAMINATIONS;              345          

      (3)  THE FORM, SCORING, AND SCHEDULING OF LICENSING          347          

                                                          9      


                                                                 
EXAMINATIONS;                                                                   

      (4)  FEES FOR EXAMINATIONS AND APPLICATIONS FOR LICENSURE    349          

AND LICENSE RENEWAL;                                               350          

      (5)  FEES FOR APPROVAL OF CONTINUING EDUCATION COURSES;      352          

      (6)  PROCEDURES FOR ISSUANCE, RENEWAL, SUSPENSION, AND       354          

REVOCATION OF LICENSES AND THE CONDUCT OF DISCIPLINARY HEARINGS;   355          

      (7)  STANDARDS OF ETHICAL AND PROFESSIONAL CONDUCT IN THE    357          

PRACTICE OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS;                358          

      (8)  STANDARDS FOR APPROVING NATIONAL CERTIFICATION          360          

ORGANIZATIONS IN ORTHOTICS, PROSTHETICS, AND PEDORTHICS;           361          

      (9)  FINES FOR VIOLATIONS OF THIS CHAPTER;                   363          

      (10)  STANDARDS FOR THE RECOGNITION AND APPROVAL OF          365          

EDUCATIONAL PROGRAMS REQUIRED FOR LICENSURE, INCLUDING STANDARDS   366          

FOR APPROVING FOREIGN EDUCATIONAL CREDENTIALS;                     367          

      (11)  STANDARDS FOR CONTINUING EDUCATION PROGRAMS REQUIRED   369          

FOR LICENSE RENEWAL;                                               370          

      (12)  PROVISIONS FOR MAKING AVAILABLE THE INFORMATION        372          

DESCRIBED IN SECTION 4779.22 OF THE REVISED CODE.                  373          

      (B)  THE BOARD MAY ADOPT ANY OTHER RULES NECESSARY FOR THE   375          

ADMINISTRATION OF THIS CHAPTER.                                    376          

      (C)  THE FEES PRESCRIBED BY THIS SECTION SHALL BE PAID TO    378          

THE TREASURER OF STATE, WHO SHALL FROM THE EFFECTIVE DATE OF THIS  379          

SECTION UNTIL DECEMBER 31, 2004, DEPOSIT THE FEES IN THE           380          

OCCUPATIONAL LICENSING AND REGULATORY FUND ESTABLISHED IN SECTION  381          

4743.05 OF THE REVISED CODE.                                                    

      Sec. 4779.09.  AN APPLICANT FOR A LICENSE TO PRACTICE        383          

ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR PEDORTHICS   384          

SHALL APPLY TO THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND      385          

PEDORTHICS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4779.08  386          

OF THE REVISED CODE AND PAY THE APPLICATION FEE SPECIFIED IN THE   387          

RULES.  THE BOARD SHALL ISSUE A LICENSE TO AN APPLICANT WHO IS     388          

EIGHTEEN YEARS OF AGE OR OLDER, OF GOOD MORAL CHARACTER, AND       389          

MEETS EITHER THE REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS     391          

SECTION OR THE REQUIREMENTS OF SECTION 4779.16 OR 4779.17 OF THE   392          

                                                          10     


                                                                 
REVISED CODE.                                                                   

      (A)  THE APPLICANT MUST PASS AN EXAMINATION CONDUCTED        394          

PURSUANT TO SECTION 4779.15 OF THE REVISED CODE;                   395          

      (B)  THE APPLICANT MUST MEET THE REQUIREMENTS OF ONE OF THE  397          

FOLLOWING:                                                         398          

      (1)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   400          

ORTHOTICS, THE REQUIREMENTS OF SECTION 4779.10 OF THE REVISED      401          

CODE;                                                                           

      (2)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   404          

PROSTHETICS, THE REQUIREMENTS OF SECTION 4779.11 OF THE REVISED                 

CODE;                                                                           

      (3)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   406          

ORTHOTICS AND PROSTHETICS, THE REQUIREMENTS OF SECTION 4779.12 OF  408          

THE REVISED CODE;                                                               

      (4)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   410          

PEDORTHICS, THE REQUIREMENTS OF SECTION 4779.13 OF THE REVISED     412          

CODE.                                                                           

      Sec. 4779.10.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      414          

ORTHOTICS, AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION     415          

(A) OF THIS SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE   416          

JANUARY 1, 2008, THE REQUIREMENTS OF EITHER DIVISION (A) OR (B)    418          

OF THIS SECTION:                                                   419          

      (A)  THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE        421          

APPLICANT IS IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF  422          

THIS SECTION.                                                      423          

      (1)  ON THE DATE OF APPLICATION, THE APPLICANT HAS           425          

PRACTICED ORTHOTICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE       426          

SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS CHAPTER TO        427          

PRACTICE ORTHOTICS;                                                             

      (2)  THE APPLICANT HAS COMPLETED AN ORTHOTICS RESIDENCY      429          

PROGRAM APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE         430          

REVISED CODE;                                                      431          

      (3) ONE OF THE FOLLOWING IS THE CASE:                        433          

      (a)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS    435          

                                                          11     


                                                                 
AND PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE     436          

ORTHOTICS AND PROSTHETICS PROGRAM IS RECOGNIZED BY THE STATE       438          

BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER SECTION      439          

4779.25 OF THE REVISED CODE OR AN EQUIVALENT EDUCATIONAL           440          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    441          

THE BOARD;                                                                      

      (b) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT     443          

OTHER THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL  444          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    445          

THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS     446          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       448          

CODE.                                                                           

      (B)  THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR        450          

BEFORE JANUARY 1, 2008.  THE REQUIREMENTS OF THIS DIVISION ARE     451          

MET IF THE APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR      453          

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

      (1)  IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006,    455          

THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:             456          

      (a)  HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN           458          

ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM  459          

A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY THE BOARD;         461          

      (b)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS        463          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       465          

CODE;                                                                           

      (c)  HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE     467          

PRACTICING OR TEACHING ORTHOTICS.                                  469          

      (2)  IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1,      471          

2008, THE APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)   472          

OR (b) OF THIS SECTION:                                            473          

      (a)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    475          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           477          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       479          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HOLDS A VALID CERTIFICATE IN ORTHOTICS   481          

                                                          12     


                                                                 
ISSUED BY THE AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND    483          

PROSTHETICS, THE BOARD FOR ORTHOTIST/PROSTHETIST CERTIFICATION,    484          

OR AN EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED BY THE BOARD;   486          

      (iii)  THE APPLICANT HAS COMPLETED THREE YEARS OF            488          

DOCUMENTED, FULL-TIME EXPERIENCE PRACTICING OR TEACHING            489          

ORTHOTICS.                                                                      

      (b)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    491          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           493          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       495          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN   497          

ORTHOTICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE     499          

REVISED CODE;                                                                   

      (iii)  THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN    501          

ORTHOTICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE     503          

REVISED CODE OR HAS THREE YEARS OF DOCUMENTED, FULL-TIME           504          

EXPERIENCE PRACTICING OR TEACHING ORTHOTICS.                       505          

      Sec. 4779.11.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      507          

PROSTHETICS, AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION   508          

(A) OF THIS SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE   509          

JANUARY 1, 2008, THE REQUIREMENTS OF EITHER DIVISION (A) OR (B)    511          

OF THIS SECTION:                                                   512          

      (A)  THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE        514          

APPLICANT IS IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF  515          

THIS SECTION.                                                      516          

      (1)  ON THE DATE OF APPLICATION, THE APPLICANT HAS           518          

PRACTICED PROSTHETICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE     519          

SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS CHAPTER TO        520          

PRACTICE PROSTHETICS;                                                           

      (2)  THE APPLICANT HAS COMPLETED A PROSTHETICS RESIDENCY     522          

PROGRAM APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE         523          

REVISED CODE;                                                      524          

      (3)  ONE OF THE FOLLOWING IS THE CASE:                       526          

      (a)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS    528          

                                                          13     


                                                                 
AND PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE     529          

ORTHOTICS AND PROSTHETICS PROGRAM IS RECOGNIZED BY THE STATE       531          

BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER SECTION      532          

4779.25 OF THE REVISED CODE OR AN EQUIVALENT EDUCATIONAL           533          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    534          

THE BOARD;                                                                      

      (b)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT    536          

OTHER THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL  537          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    538          

THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS   539          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       541          

CODE.                                                                           

      (B)  THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR        543          

BEFORE JANUARY 1, 2008.  THE REQUIREMENTS OF THIS DIVISION ARE     544          

MET IF THE APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR      546          

(B)(2)(a) OR (b) OF THIS SECTION:                                  547          

      (1)  IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006,    549          

THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:             550          

      (a)  HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN           552          

ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM  553          

A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY THE BOARD;         555          

      (b)  HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS      557          

RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED       559          

CODE;                                                                           

      (c)  HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE     561          

PRACTICING OR TEACHING PROSTHETICS.                                563          

      (2)  IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1,      565          

2008, THE APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)   566          

OR (b) OF THIS SECTION:                                            567          

      (a)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    569          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           571          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       573          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HOLDS A VALID CERTIFICATE IN             575          

                                                          14     


                                                                 
PROSTHETICS ISSUED BY THE AMERICAN BOARD FOR CERTIFICATION IN      577          

ORTHOTICS AND PROSTHETICS, THE BOARD FOR ORTHOTIST/PROSTHETIST     578          

CERTIFICATION, OR AN EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED  579          

BY THE BOARD;                                                      580          

      (iii)  THE APPLICANT HAS COMPLETED THREE YEARS OF            582          

DOCUMENTED, FULL-TIME EXPERIENCE PRACTICING OR TEACHING            583          

PROSTHETICS.                                                                    

      (b)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    585          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           587          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       589          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN   591          

PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE   592          

REVISED CODE;                                                      593          

      (iii)  THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN    595          

PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE   597          

REVISED CODE OR HAS THREE YEARS OF DOCUMENTED, FULL-TIME           598          

EXPERIENCE PRACTICING OR TEACHING PROSTHETICS.                     599          

      Sec. 4779.12.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      601          

ORTHOTICS AND PROSTHETICS, AN APPLICANT MUST MEET THE              602          

REQUIREMENTS OF DIVISION (A) OF THIS SECTION, OR, IF THE           604          

APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008, THE              605          

REQUIREMENTS OF EITHER DIVISION (A) OR (B) OF THIS SECTION:        607          

      (A)  THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE        609          

APPLICANT IS IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF  610          

THIS SECTION.                                                      611          

      (1)  ON THE DATE OF APPLICATION, THE APPLICANT HAS           613          

PRACTICED ORTHOTICS AND PROSTHETICS FOR NOT LESS THAN EIGHT        614          

MONTHS UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS  615          

CHAPTER TO PRACTICE ORTHOTICS AND PROSTHETICS;                     616          

      (2)  THE APPLICANT HAS COMPLETED AN ORTHOTICS AND            618          

PROSTHETICS RESIDENCY PROGRAM APPROVED BY THE BOARD UNDER SECTION  620          

4779.27 OF THE REVISED CODE;                                       621          

      (3)  ONE OF THE FOLLOWING IS THE CASE:                       623          

                                                          15     


                                                                 
      (a)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS    625          

AND PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE     626          

ORTHOTICS AND PROSTHETICS PROGRAM IS RECOGNIZED BY THE STATE       628          

BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER SECTION      629          

4779.25 OF THE REVISED CODE OR AN EQUIVALENT EDUCATIONAL           630          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    631          

THE BOARD;                                                                      

      (b)  THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT    633          

OTHER THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL  634          

CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY    635          

THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS     636          

AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF   637          

THE REVISED CODE.                                                  638          

      (B)  THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR        640          

BEFORE JANUARY 1, 2008.  THE REQUIREMENTS OF THIS DIVISION ARE     641          

MET IF THE APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR      643          

(B)(2)(a) OR (b) OF THIS SECTION:                                  644          

      (1)  IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006,    646          

THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:             647          

      (a)  HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN           649          

ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM  650          

A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY THE BOARD;         652          

      (b)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS AND    654          

PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE   655          

REVISED CODE;                                                      656          

      (c)  HAS SIX YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE       658          

PRACTICING OR TEACHING ORTHOTICS OR PROSTHETICS.                   660          

      (2)  IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1,      662          

2008, THE APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)   663          

OR (b) OF THIS SECTION:                                            664          

      (a)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    666          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           668          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       670          

RECOGNIZED BY THE BOARD;                                                        

                                                          16     


                                                                 
      (ii)  THE APPLICANT HOLDS A VALID CERTIFICATE IN ORTHOTICS   672          

AND PROSTHETICS ISSUED BY THE AMERICAN BOARD FOR CERTIFICATION IN  674          

ORTHOTICS AND PROSTHETICS, THE BOARD FOR ORTHOTIST/PROSTHETIST     675          

CERTIFICATION, OR AN EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED  676          

BY THE BOARD;                                                      677          

      (iii)  THE APPLICANT HAS COMPLETED SIX YEARS OF DOCUMENTED,  679          

FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS OR           680          

PROSTHETICS.                                                                    

      (b)(i)  THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER    682          

FROM A NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN           684          

EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION       686          

RECOGNIZED BY THE BOARD;                                                        

      (ii)  THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN   688          

ORTHOTICS AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION    689          

4779.26 OF THE REVISED CODE;                                       690          

      (iii)  THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN    692          

ORTHOTICS AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION    694          

4779.27 OF THE REVISED CODE OR HAS SIX YEARS OF DOCUMENTED,        695          

FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS OR           696          

PROSTHETICS.                                                                    

      Sec. 4779.13.  TO BE ELIGIBLE FOR A LICENSE TO PRACTICE      698          

PEDORTHICS, AN APPLICANT MUST MEET ALL OF THE FOLLOWING            699          

REQUIREMENTS:                                                                   

      (A)  ON THE DATE OF APPLICATION, HAS PRACTICED PEDORTHICS    702          

FOR NOT LESS THAN EIGHT MONTHS UNDER THE SUPERVISION OF AN         703          

INDIVIDUAL LICENSED UNDER THIS CHAPTER TO PRACTICE PEDORTHICS;                  

      (B)  HOLDS A HIGH SCHOOL DIPLOMA OR CERTIFICATE OF HIGH      706          

SCHOOL EQUIVALENCE ISSUED BY THE STATE BOARD OF EDUCATION OR A                  

COMPARABLE AGENCY OF ANOTHER STATE;                                708          

      (C)  HAS COMPLETED THE EDUCATION, TRAINING, AND EXPERIENCE   711          

REQUIRED TO TAKE THE CERTIFICATION EXAMINATION DEVELOPED BY THE    712          

BOARD FOR CERTIFICATION IN PEDORTHICS OR AN EQUIVALENT SUCCESSOR   713          

ORGANIZATION RECOGNIZED BY THE BOARD.                                           

      Sec. 4779.15.  EXCEPT AS PROVIDED IN SECTIONS 4779.16 AND    715          

                                                          17     


                                                                 
4779.17 OF THE REVISED CODE, THE STATE BOARD OF ORTHOTICS,         716          

PROSTHETICS, AND PEDORTHICS SHALL EXAMINE OR CAUSE TO BE EXAMINED  717          

EACH INDIVIDUAL WHO SEEKS TO PRACTICE ORTHOTICS, PROSTHETICS,      718          

ORTHOTICS AND PROSTHETICS, OR PEDORTHICS IN THIS STATE.            720          

      TO BE ELIGIBLE TO TAKE AN EXAMINATION CONDUCTED BY THE       722          

BOARD OR AN ENTITY RECOGNIZED BY THE BOARD FOR THE PURPOSE OF      723          

THIS SECTION, AN INDIVIDUAL MUST FILE AN APPLICATION AND PAY AN    724          

EXAMINATION FEE AS SPECIFIED IN RULES ADOPTED BY THE BOARD UNDER   725          

SECTION 4779.08 OF THE REVISED CODE AND MEET ALL THE REQUIREMENTS               

OF SECTION 4779.09 OF THE REVISED CODE OTHER THAN THE REQUIREMENT  726          

OF HAVING PASSED THE EXAMINATION.                                  727          

      EXAMINATIONS SHALL BE CONDUCTED AT LEAST ONCE A YEAR IN      730          

ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER SECTION 4779.08   731          

OF THE REVISED CODE.  EACH APPLICANT SHALL BE EXAMINED IN SUCH     732          

SUBJECTS AS THE BOARD REQUIRES.                                                 

      THE BOARD MAY USE AS ITS EXAMINATION ALL OR PART OF A        734          

STANDARD ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR     735          

PEDORTHICS LICENSING EXAMINATION ESTABLISHED FOR THE PURPOSE OF    736          

DETERMINING THE COMPETENCE OF INDIVIDUALS TO PRACTICE ORTHOTICS,   737          

PROSTHETICS, OR PEDORTHICS IN THE UNITED STATES.  IN LIEU OF       738          

CONDUCTING EXAMINATIONS, THE BOARD MAY ACCEPT THE RESULTS OF       739          

EXAMINATIONS CONDUCTED BY ENTITIES RECOGNIZED BY THE BOARD.        740          

      Sec. 4779.16.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    742          

AND PEDORTHICS SHALL ISSUE A LICENSE UNDER SECTION 4779.09 OF THE  743          

REVISED CODE TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS AND     745          

PROSTHETICS, OR PEDORTHICS WITHOUT EXAMINATION TO AN APPLICANT                  

WHO MEETS THE REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS        746          

SECTION:                                                           747          

      (A)  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE        749          

EFFECTIVE DATE OF THIS SECTION, APPLIES TO THE BOARD IN            751          

ACCORDANCE WITH SECTION 4779.09 OF THE REVISED CODE;               752          

      (B)(1)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO         754          

PRACTICE ORTHOTICS, IS ACTIVELY PRACTICING OR TEACHING ORTHOTICS   756          

ON THE EFFECTIVE DATE OF THIS SECTION AND COMPLIES WITH DIVISION                

                                                          18     


                                                                 
(B)(2)(a) OR (b) OF THIS SECTION:                                  757          

      (a)  THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:  759          

      (i)  HOLDS A BACHELOR'S DEGREE OR HIGHER FROM A NATIONALLY   762          

ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED STATES;             763          

      (ii)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS       766          

APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED CODE;   767          

      (iii)  IS CERTIFIED IN ORTHOTICS BY THE AMERICAN BOARD FOR   770          

CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF                        

ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR    771          

ORGANIZATION RECOGNIZED BY THE BOARD;                              772          

      (iv)  HAS COMPLETED A RESIDENCY PROGRAM APPROVED BY THE      774          

BOARD UNDER SECTION 4779.27 OF THE REVISED CODE.                   775          

      (b)  THE INDIVIDUAL MEETS BOTH OF THE FOLLOWING              777          

REQUIREMENTS:                                                                   

      (i)  HAS A MINIMUM OF THREE YEARS OF DOCUMENTED, FULL-TIME   780          

EXPERIENCE PRACTICING OR TEACHING ORTHOTICS;                                    

      (ii)  HAS PASSED THE CERTIFICATION EXAMINATION IN ORTHOTICS  783          

DEVELOPED BY THE AMERICAN BOARD OF CERTIFICATION IN ORTHOTICS AND  784          

PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST CERTIFICATION, OR  785          

AN EQUIVALENT ORGANIZATION RECOGNIZED BY THE BOARD.                786          

      (2)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   788          

PROSTHETICS, IS ACTIVELY PRACTICING OR TEACHING PROSTHETICS ON     790          

THE EFFECTIVE DATE OF THIS SECTION AND COMPLIES WITH DIVISION      791          

(B)(2)(a) OR (b) OF THIS SECTION:                                  792          

      (a)  THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:  794          

      (i)  HOLDS A BACHELOR'S DEGREE OR HIGHER FROM A NATIONALLY   797          

ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED STATES;             798          

      (ii)  HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS     801          

APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED CODE;   803          

      (iii)  IS CERTIFIED IN PROSTHETICS BY THE AMERICAN BOARD     805          

FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF       807          

ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR    808          

ORGANIZATION RECOGNIZED BY THE BOARD;                              809          

      (iv)  HAS COMPLETED A RESIDENCY PROGRAM APPROVED BY THE      811          

                                                          19     


                                                                 
BOARD UNDER SECTION 4779.27 OF THE REVISED CODE.                   812          

      (b)  THE APPLICANT MEETS BOTH OF THE FOLLOWING               814          

REQUIREMENTS:                                                                   

      (i)  HAS A MINIMUM OF THREE YEARS OF DOCUMENTED, FULL-TIME   817          

EXPERIENCE PRACTICING OR TEACHING PROSTHETICS;                                  

      (ii)  HAS PASSED THE CERTIFICATION EXAMINATION IN            819          

PROSTHETICS OF THE AMERICAN BOARD OF CERTIFICATION IN ORTHOTICS    820          

AND PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST                821          

CERTIFICATION, OR AN EQUIVALENT ORGANIZATION RECOGNIZED BY THE     822          

BOARD.                                                                          

      (3)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   824          

ORTHOTICS AND PROSTHETICS, THE APPLICANT COMPLIES WITH DIVISION    826          

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

      (a)  THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:  828          

      (i)  HOLDS A BACHELOR'S DEGREE OR HIGHER FROM AN ACCREDITED  831          

COLLEGE OR UNIVERSITY IN THE UNITED STATES;                                     

      (ii)  HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS AND   834          

PROSTHETICS APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE     835          

REVISED CODE;                                                                   

      (iii)  HAS COMPLETED A RESIDENCY PROGRAM IN ORTHOTICS AND    838          

PROSTHETICS APPROVED UNDER SECTION 4779.27 OF THE REVISED CODE;    839          

      (iv)  IS CERTIFIED IN ORTHOTICS AND PROSTHETICS BY THE       842          

AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS,     843          

THE BOARD OF ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN            844          

EQUIVALENT SUCCESSOR ORGANIZATION RECOGNIZED BY THE BOARD;         845          

      (b)  THE APPLICANT MEETS BOTH OF THE FOLLOWING               847          

REQUIREMENTS:                                                                   

      (i)  HAS A MINIMUM OF SIX YEARS OF DOCUMENTED, FULL-TIME     850          

EXPERIENCE PRACTICING OR TEACHING ORTHOTICS AND PROSTHETICS;       851          

      (ii)  HAS PASSED THE ORTHOTICS AND PROSTHETICS               853          

CERTIFICATION EXAMINATION REQUIREMENTS OF THE AMERICAN BOARD FOR   854          

CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF           856          

ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT              857          

ORGANIZATION RECOGNIZED BY THE BOARD.                              858          

                                                          20     


                                                                 
      (4) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE    860          

PEDORTHICS, IS ACTIVELY PRACTICING OR TEACHING PEDORTHICS ON THE   862          

EFFECTIVE DATE OF THIS SECTION AND IS CERTIFIED IN PEDORTHICS BY                

THE BOARD FOR CERTIFICATION IN PEDORTHICS.                         863          

      Sec. 4779.17.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    865          

AND PEDORTHICS SHALL ISSUE A LICENSE UNDER SECTION 4779.09 OF THE  866          

REVISED CODE TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS AND     868          

PROSTHETICS, OR PEDORTHICS WITHOUT EXAMINATION TO AN APPLICANT                  

WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:                       869          

      (A)  APPLIES TO THE BOARD IN ACCORDANCE WITH SECTION         872          

4779.09 OF THE REVISED CODE;                                                    

      (B)  HOLDS A LICENSE TO PRACTICE ORTHOTICS, PROSTHETICS,     874          

ORTHOTICS AND PROSTHETICS, OR PEDORTHICS ISSUED BY THE             875          

APPROPRIATE AUTHORITY OF ANOTHER STATE;                            876          

      (C)  ONE OF THE FOLLOWING APPLIES:                           878          

      (1)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   880          

ORTHOTICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS       882          

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

      (2)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   884          

PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS     886          

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

      (3)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   888          

ORTHOTICS AND PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS    889          

IN DIVISIONS (A)(2) AND (3) OF SECTION 4779.12 OF THE REVISED      890          

CODE.                                                                           

      (4)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   892          

PEDORTHICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS (B)  894          

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

      (D)  THE FEES PRESCRIBED BY THIS SECTION SHALL BE PAID TO    897          

THE TREASURER OF STATE, WHO SHALL FROM THE EFFECTIVE DATE OF THIS  898          

SECTION UNTIL DECEMBER 31, 2004, DEPOSIT THE FEES IN THE           899          

OCCUPATIONAL LICENSING AND REGULATORY FUND ESTABLISHED IN SECTION  900          

4743.05 OF THE REVISED CODE.                                                    

      Sec. 4779.18.  (A)  THE STATE BOARD OF ORTHOTICS,            902          

                                                          21     


                                                                 
PROSTHETICS, AND PEDORTHICS SHALL ISSUE A TEMPORARY LICENSE TO AN  903          

INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:            904          

      (1)  APPLIES TO THE BOARD IN ACCORDANCE WITH RULES ADOPTED   906          

UNDER SECTION 4779.08 OF THE REVISED CODE AND PAYS THE             907          

APPLICATION FEE SPECIFIED IN THE RULES;                            908          

      (2)  IS EIGHTEEN YEARS OF AGE OR OLDER;                      910          

      (3)  IS OF GOOD MORAL CHARACTER;                             912          

      (4)  ONE OF THE FOLLOWING APPLIES:                           914          

      (a)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   916          

ORTHOTICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS       918          

(A)(2) AND (3) OF SECTION 4779.10 OF THE REVISED CODE.             919          

      (b)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   921          

PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS     923          

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

      (c)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   925          

ORTHOTICS AND PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS    926          

IN DIVISIONS (A)(2) AND (3) OF SECTION 4779.12 OF THE REVISED      927          

CODE.                                                                           

      (d)  IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE   929          

PEDORTHICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS (B)  931          

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

      (B)  A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID  933          

FOR ONE YEAR AND MAY BE RENEWED ONCE IN ACCORDANCE WITH RULES      935          

ADOPTED BY THE BOARD UNDER SECTION 4779.08 OF THE REVISED CODE.    936          

      AN INDIVIDUAL WHO HOLDS A TEMPORARY LICENSE MAY PRACTICE     938          

ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR PEDORTHICS   940          

ONLY UNDER THE SUPERVISION OF AN INDIVIDUAL WHO HOLDS A LICENSE    941          

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

OF PRACTICE.                                                       942          

      (C)  THE FEES PRESCRIBED BY THIS SECTION SHALL BE PAID TO    944          

THE TREASURER OF STATE, WHO SHALL FROM THE EFFECTIVE DATE OF THIS  945          

SECTION UNTIL DECEMBER 31, 2004, DEPOSIT THE FEES IN THE           946          

OCCUPATIONAL LICENSING AND REGULATORY FUND ESTABLISHED IN SECTION  947          

4743.05 OF THE REVISED CODE.                                                    

                                                          22     


                                                                 
      Sec. 4779.19.  A LICENSE ISSUED UNDER SECTION 4779.09 OF     949          

THE REVISED CODE OR RENEWED UNDER SECTION 4779.20 OF THE REVISED   950          

CODE IS VALID FOR NOT LESS THAN THREE YEARS AND NOT MORE THAN      951          

FOUR YEARS AND EXPIRES ON THE THIRTY-FIRST DAY OF JANUARY.         952          

      Sec. 4779.20.  (A)  AN INDIVIDUAL SEEKING TO RENEW A         954          

LICENSE ISSUED UNDER SECTION 4779.09 OF THE REVISED CODE SHALL,    955          

ON OR BEFORE THE THIRTY-FIRST DAY OF JANUARY OF THE YEAR IN WHICH  957          

THE LICENSE EXPIRES, APPLY FOR RENEWAL.  THE STATE BOARD OF        958          

ORTHOTICS, PROSTHETICS, AND PEDORTHICS SHALL SEND RENEWAL NOTICES  959          

AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE.                                

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    961          

BOARD PRESCRIBES AND FURNISHES.  EACH APPLICATION SHALL BE         962          

ACCOMPANIED BY A RENEWAL FEE SPECIFIED IN RULES ADOPTED BY THE     963          

BOARD UNDER SECTION 4779.08 OF THE REVISED CODE.                   964          

      (B)  TO BE ELIGIBLE FOR RENEWAL OTHER THAN A FIRST RENEWAL,  966          

THE LICENSE HOLDER MUST CERTIFY TO THE BOARD ONE OF THE            967          

FOLLOWING:                                                                      

      (1)  IN THE CASE OF AN INDIVIDUAL LICENSED AS AN ORTHOTIST   969          

OR PROSTHETIST, THE INDIVIDUAL HAS COMPLETED WITHIN THE PRECEDING  970          

THREE YEARS FORTY-FIVE CONTINUING EDUCATION UNITS GRANTED BY THE   971          

BOARD UNDER SECTION 4779.24 OF THE REVISED CODE;                   972          

      (2)  IN THE CASE OF AN INDIVIDUAL LICENSED AS A PROSTHETIST  974          

AND ORTHOTIST, THE INDIVIDUAL HAS COMPLETED WITHIN THE PRECEDING   975          

THREE YEARS SEVENTY-FIVE CONTINUING EDUCATION UNITS GRANTED BY     976          

THE BOARD UNDER SECTION 4779.24 OF THE REVISED CODE;               977          

      (3)  IN THE CASE OF AN INDIVIDUAL LICENSED AS A PEDORTHIST,  979          

THE INDIVIDUAL HAS COMPLETED WITHIN THE PREVIOUS THREE YEARS THE   980          

CONTINUING EDUCATION COURSES REQUIRED BY THE BOARD FOR             981          

CERTIFICATION IN PEDORTHICS OR AN EQUIVALENT ORGANIZATION          982          

RECOGNIZED BY THE BOARD.                                           983          

      Sec. 4779.21.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    985          

AND PEDORTHICS SHALL MAINTAIN BOARD RECORDS, INCLUDING RECORDS OF  986          

THE BOARD'S PROCEEDINGS, A REGISTRY OF ALL APPLICANTS FOR          987          

LICENSURE THAT INDICATES WHETHER THE APPLICANT WAS GRANTED A       988          

                                                          23     


                                                                 
LICENSE, AND ANY OTHER RECORDS NECESSARY TO CARRY OUT THE          989          

PROVISIONS OF THIS CHAPTER.                                        990          

      Sec. 4779.22.  (A)  THE STATE BOARD OF ORTHOTICS,            992          

PROSTHETICS, AND PEDORTHICS SHALL PUBLISH AND MAKE AVAILABLE TO    993          

THE PUBLIC WRITTEN INFORMATION REGARDING BOTH OF THE FOLLOWING:    994          

      (1)  THE BOARD'S REGULATORY FUNCTIONS AND THE PROVISIONS OF  996          

THIS CHAPTER;                                                      997          

      (2)  THE PROCEDURES BY WHICH COMPLAINTS ARE FILED WITH THE   999          

BOARD, WHICH SHALL INCLUDE A DESCRIPTION OF THE COMPLAINT          1,000        

PROCEDURES AND THE NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF  1,001        

THE BOARD.                                                                      

      (B)  THE BOARD SHALL MAKE THE INFORMATION DESCRIBED IN       1,003        

DIVISION (A) OF THIS SECTION AVAILABLE TO ALL OF THE FOLLOWING:    1,004        

      (1)  CONSUMERS OF ORTHOTIC, PROSTHETIC, AND PEDORTHIC GOODS  1,006        

AND SERVICES;                                                      1,007        

      (2)  INDIVIDUALS LICENSED BY THE BOARD;                      1,009        

      (3)  NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, AND         1,011        

PEDORTHIC CERTIFYING AND ACCREDITING ORGANIZATIONS;                1,012        

      (4)  NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, AND         1,014        

PEDORTHIC EDUCATIONAL ORGANIZATIONS;                               1,015        

      (5)  ANY OTHER ENTITY THAT MAY REASONABLY REQUIRE THE        1,017        

INFORMATION.                                                       1,018        

      (C)  THE BOARD MAY MAKE AVAILABLE ANY OF THE INFORMATION     1,020        

DESCRIBED IN DIVISION (A) OF THIS SECTION BY ADOPTING A RULE       1,021        

UNDER SECTION 4779.08 OF THE REVISED CODE REQUIRING THE            1,022        

INFORMATION TO BE DISPLAYED IN ANY OF THE FOLLOWING WAYS:          1,023        

      (1)  ON EACH REGISTRATION FORM OR APPLICATION PREPARED BY    1,025        

THE BOARD;                                                         1,026        

      (2)  ON A SIGN PROMINENTLY DISPLAYED IN THE PLACE OF         1,028        

BUSINESS OF EACH INDIVIDUAL LICENSED UNDER THIS CHAPTER;           1,029        

      (3)  IN EACH BILL OR WRITTEN CONTRACT FOR SERVICES PROVIDED  1,031        

BY AN INDIVIDUAL LICENSED UNDER THIS CHAPTER.                      1,032        

      Sec. 4779.23.  (A)  TO BE ELIGIBLE FOR APPROVAL BY THE       1,034        

STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS, A           1,035        

                                                          24     


                                                                 
CONTINUING EDUCATION COURSE MUST SATISFY ALL OF THE FOLLOWING      1,036        

REQUIREMENTS:                                                                   

      (1)  INCLUDE SIGNIFICANT INTELLECTUAL OR PRACTICAL CONTENT   1,038        

AND BE DESIGNED TO IMPROVE THE PROFESSIONAL COMPETENCE OF          1,039        

PARTICIPANTS;                                                      1,040        

      (2)  DEAL WITH MATTERS DIRECTLY RELATED TO THE PRACTICE OF   1,042        

ORTHOTICS, PROSTHETICS, OR PEDORTHICS, INCLUDING PROFESSIONAL      1,043        

RESPONSIBILITY, ETHICAL OBLIGATIONS, OR SIMILAR SUBJECTS THAT THE  1,045        

BOARD CONSIDERS NECESSARY TO MAINTAIN AND IMPROVE THE QUALITY OF   1,046        

ORTHOTIC AND PROSTHETIC SERVICES IN THIS STATE;                    1,047        

      (3)  INVOLVE IN-PERSON INSTRUCTION, EXCEPT THAT A COURSE     1,049        

MAY USE SELF-STUDY MATERIALS IF THE MATERIALS ARE PREPARED AND     1,050        

PRESENTED BY A GROUP WITH APPROPRIATE PRACTICAL EXPERIENCE;        1,051        

      (4)  BE PRESENTED IN A SETTING THAT IS PHYSICALLY SUITED TO  1,053        

THE COURSE;                                                        1,054        

      (5)  INCLUDE THOROUGH, HIGH-QUALITY WRITTEN MATERIAL;        1,056        

      (6)  MEET ANY OTHER REQUIREMENTS THE BOARD CONSIDERS         1,058        

APPROPRIATE.                                                                    

      (B)  THE BOARD SHALL, IN ACCORDANCE WITH THE STANDARDS IN    1,060        

DIVISION (A) OF THIS SECTION, REVIEW AND APPROVE CONTINUING        1,061        

EDUCATION COURSES.  IF THE BOARD DOES NOT APPROVE A COURSE, IT     1,062        

SHALL PROVIDE A WRITTEN EXPLANATION OF THE REASON FOR THE DENIAL   1,064        

TO THE PERSON THAT REQUESTED APPROVAL.  THE BOARD MAY APPROVE      1,065        

CONTINUING EDUCATION COURSES APPROVED BY BOARDS OF OTHER STATES    1,066        

THAT REGULATE ORTHOTICS, PROSTHETICS, AND PEDORTHICS IF THE OTHER  1,067        

BOARD'S STANDARDS FOR APPROVING CONTINUING EDUCATION COURSES ARE   1,068        

EQUIVALENT TO THE STANDARDS ESTABLISHED PURSUANT TO DIVISION (A)   1,069        

OF THIS SECTION.                                                   1,070        

      Sec. 4779.24.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,072        

AND PEDORTHICS SHALL GRANT CONTINUING EDUCATION UNITS TO           1,073        

INDIVIDUALS LICENSED UNDER THIS CHAPTER ON THE FOLLOWING BASIS:    1,074        

      (A)  FOR COMPLETING A CONTINUING EDUCATION COURSE APPROVED   1,076        

BY THE BOARD UNDER SECTION 4779.23 OF THE REVISED CODE, ONE UNIT   1,077        

FOR EACH HOUR OF INSTRUCTION RECEIVED;                             1,078        

                                                          25     


                                                                 
      (B)  FOR TEACHING AS A FACULTY MEMBER A COURSE IN            1,080        

ORTHOTICS, PROSTHETICS, OR PEDORTHICS THAT IS PART OF THE          1,081        

CURRICULUM OF AN INSTITUTION OF HIGHER EDUCATION, ONE-HALF UNIT    1,083        

FOR EACH SEMESTER HOUR OF THE COURSE, OR AN EQUIVALENT UNIT FOR    1,084        

EACH QUARTER OR TRIMESTER HOUR OF THE COURSE;                      1,085        

      (C)  FOR TEACHING OTHER THAN AS A FACULTY MEMBER A COURSE    1,087        

THAT IS PART OF AN INSTITUTION OF HIGHER EDUCATION'S ORTHOTICS,    1,088        

PROSTHETICS, OR PEDORTHICS CURRICULUM, ONE UNIT FOR EACH HOUR      1,089        

TEACHING THE COURSE;                                               1,090        

      (D)  FOR TEACHING A CONTINUING EDUCATION COURSE THAT IS      1,092        

APPROVED BY THE BOARD UNDER SECTION 4779.23 OF THE REVISED CODE    1,093        

THAT IS NOT PART OF AN INSTITUTION OF HIGHER EDUCATION'S           1,094        

ORTHOTICS, PROSTHETICS, OR PEDORTHICS CURRICULUM, THREE UNITS FOR  1,095        

EACH HOUR TEACHING THE COURSE FOR THE FIRST TIME AND ONE-HALF      1,096        

UNIT FOR EACH HOUR TEACHING THE COURSE EACH TIME THEREAFTER.       1,097        

      Sec. 4779.25.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,099        

AND PEDORTHICS SHALL RECOGNIZE AN INSTITUTION OF HIGHER            1,100        

EDUCATION'S BACHELOR'S DEGREE PROGRAM IN ORTHOTICS AND             1,101        

PROSTHETICS IF THE PROGRAM SATISFIES ALL OF THE FOLLOWING          1,102        

REQUIREMENTS:                                                                   

      (A)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,104        

OF INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS    1,105        

OF INSTRUCTION IN PROSTHETICS;                                     1,106        

      (B)  REQUIRES AS A CONDITION OF ENTRY A HIGH SCHOOL DIPLOMA  1,108        

OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE ISSUED BY THE STATE      1,109        

BOARD OF EDUCATION;                                                1,110        

      (C)  INCLUDES A WRITTEN DESCRIPTION OF THE PROGRAM THAT      1,112        

INCLUDES LEARNING GOALS, COURSE OBJECTIVES, AND COMPETENCIES FOR   1,113        

GRADUATION;                                                        1,114        

      (D)  REQUIRES FREQUENT, DOCUMENTED EVALUATION OF STUDENTS    1,116        

TO ASSESS THEIR ACQUISITION OF KNOWLEDGE, PROBLEM IDENTIFICATION   1,117        

AND SOLVING SKILLS, AND PSYCHOMOTOR, BEHAVIORAL, AND CLINICAL      1,118        

COMPETENCIES;                                                      1,119        

      (E)  REQUIRES AS A CONDITION OF ENTRY SUCCESSFUL COMPLETION  1,121        

                                                          26     


                                                                 
OF COURSES IN BIOLOGY, CHEMISTRY, PHYSICS, PSYCHOLOGY, COMPUTER    1,122        

SCIENCE, ALGEBRA OR HIGHER MATH, HUMAN ANATOMY WITH A LABORATORY   1,123        

SECTION, AND PHYSIOLOGY WITH A LABORATORY SECTION;                 1,124        

      (F)  REQUIRES FORMAL INSTRUCTION IN BIOMECHANICS, GAIT       1,126        

ANALYSIS AND PATHOMETRICS, KINESIOLOGY, PATHOLOGY, MATERIALS       1,128        

SCIENCE, RESEARCH METHODS, AND DIAGNOSTIC IMAGING TECHNIQUES;      1,129        

      (G)  REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO       1,131        

DEMONSTRATE ORTHOTICS SKILLS, INCLUDING MEASUREMENT,               1,132        

IMPRESSION-TAKING, MODEL RECTIFICATION, AND FITTING AND ALIGNMENT  1,133        

OF ORTHOSES FOR THE LOWER LIMBS, UPPER LIMBS, AND SPINES;          1,134        

      (H)  REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO       1,136        

COMPLETE TRAINING IN ORTHOTIC SYSTEMS, INCLUDING FOOT ORTHOSIS,    1,137        

ANKLE-FOOT ORTHOSIS, KNEE ORTHOSIS, KNEE-ANKLE-FOOT ORTHOSIS,      1,138        

HIP-KNEE-ANKLE ORTHOSIS, HIP ORTHOSIS, WRIST-HAND ORTHOSIS,        1,139        

CERVICAL-THORACIC-LUMBO-SACRAL ORTHOSIS, THORACOLUMBO-SACRAL       1,140        

ORTHOSIS, LUMBO-SACRAL ORTHOSIS, HALO, FRACTURE MANAGEMENT, RGO,   1,142        

STANDING FRAMES, AND SEATING;                                                   

      (I)  REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO       1,144        

DEMONSTRATE PROSTHETIC SKILLS THAT INCLUDE MEASUREMENT,            1,145        

IMPRESSION TAKING, MODEL RECTIFICATION, DIAGNOSTIC FITTING,        1,146        

DEFINITIVE FITTING, POSTOPERATIVE MANAGEMENT, EXTERNAL POWER, AND  1,147        

STATIC AND DYNAMIC ALIGNMENT OF SOCKETS RELATED TO VARIOUS         1,148        

AMPUTATION LEVELS, INCLUDING PARTIAL FOOT, SYME'S BELOW KNEE,      1,149        

ABOVE KNEE, BELOW ELBOW, ABOVE ELBOW, AND THE VARIOUS JOINT        1,150        

DISARTICULATIONS;                                                               

      (J)  REQUIRES AS A CONDITION OF GRADUATION STUDENTS TO       1,152        

COMPLETE NOT LESS THAN FIVE HUNDRED HOURS OF SUPERVISED CLINICAL   1,154        

EXPERIENCE THAT FOCUS ON PATIENT-RELATED ACTIVITIES, INCLUDING     1,155        

RECOMMENDATION, MEASUREMENT, IMPRESSION-TAKING, MODEL              1,156        

RECTIFICATION, FABRICATION, FITTING, AND EVALUATING PATIENTS IN    1,157        

THE USE AND FUNCTION OF ORTHOTICS AND PROSTHETICS;                 1,158        

      (K)  PROVIDES FOR THE EVALUATION OF THE PROGRAM'S            1,160        

COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION THROUGH REGULAR,  1,161        

ON-SITE VISITS CONDUCTED BY A TEAM OF QUALIFIED INDIVIDUALS FROM   1,162        

                                                          27     


                                                                 
A NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, OR ORTHOTIC AND      1,163        

PROSTHETIC CERTIFYING BODY;                                        1,164        

      (L)  MEETS ANY OTHER STANDARDS ADOPTED BY THE BOARD UNDER    1,166        

SECTION 4779.08 OF THE REVISED CODE.                               1,167        

      Sec. 4779.26.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,169        

AND PEDORTHICS SHALL RECOGNIZE A CERTIFICATE PROGRAM IN            1,170        

ORTHOTICS, PROSTHETICS, OR ORTHOTICS AND PROSTHETICS IF THE        1,171        

PROGRAM SATISFIES ALL OF THE FOLLOWING REQUIREMENTS:               1,172        

      (A)  MEETS THE REQUIREMENTS IN DIVISIONS (B), (C), (D),      1,175        

(E), (F), (K), AND (L) OF SECTION 4779.24 OF THE REVISED CODE;     1,177        

      (B)  IN THE CASE OF A CERTIFICATE PROGRAM IN ORTHOTICS, THE  1,179        

PROGRAM DOES ALL OF THE FOLLOWING:                                 1,181        

      (1)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,183        

OF INSTRUCTION IN ORTHOTICS;                                       1,184        

      (2)  REQUIRES STUDENTS TO COMPLETE NOT LESS THAN TWO         1,186        

HUNDRED FIFTY HOURS OF SUPERVISED CLINICAL EXPERIENCE THAT         1,187        

FOCUSES ON PATIENT-RELATED ACTIVITIES, RECOMMENDATION,             1,188        

MEASUREMENT, IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION,  1,189        

FITTING, AND EVALUATING PATIENTS IN THE USE AND FUNCTION OF        1,190        

ORTHOTICS;                                                                      

      (3)  MEETS THE REQUIREMENTS IN DIVISIONS (G) AND (H) OF      1,192        

SECTION 4779.25 OF THE REVISED CODE.                               1,193        

      (C)  IN THE CASE OF A CERTIFICATE PROGRAM IN PROSTHETICS,    1,195        

THE PROGRAM DOES ALL OF THE FOLLOWING:                             1,196        

      (1)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,198        

OF INSTRUCTION IN PROSTHETICS;                                     1,199        

      (2)  REQUIRES STUDENTS TO COMPLETE NOT LESS THAN TWO         1,201        

HUNDRED FIFTY HOURS OF SUPERVISED CLINICAL EXPERIENCE THAT         1,202        

FOCUSES ON PATIENT-RELATED ACTIVITIES, RECOMMENDATION,             1,203        

MEASUREMENT, IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION,  1,204        

FITTING, AND EVALUATING PATIENTS IN THE USE AND FUNCTION OF        1,205        

PROSTHETICS;                                                                    

      (3)  MEETS THE REQUIREMENTS IN DIVISIONS (F) AND (I) OF      1,207        

SECTION 4779.25 OF THE REVISED CODE.                               1,209        

                                                          28     


                                                                 
      (D)  IN THE CASE OF A CERTIFICATE PROGRAM IN ORTHOTICS AND   1,211        

PROSTHETICS, THE PROGRAM DOES BOTH OF THE FOLLOWING:               1,212        

      (1)  PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS  1,214        

OF INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS    1,215        

OF INSTRUCTION IN PROSTHETICS;                                     1,216        

      (2)  MEETS THE REQUIREMENTS IN DIVISIONS (H) AND (I) OF      1,218        

SECTION 4779.25 OF THE REVISED CODE.                               1,220        

      Sec. 4779.27.  THE STATE BOARD OF ORTHOTICS, PROSTHETICS,    1,222        

AND PEDORTHICS SHALL APPROVE A RESIDENCY PROGRAM IN ORTHOTICS,     1,223        

PROSTHETICS, OR ORTHOTICS AND PROSTHETICS IF THE PROGRAM DOES ALL  1,224        

OF THE FOLLOWING:                                                  1,225        

      (A)  REQUIRES A BACHELOR'S DEGREE AS A CONDITION OF ENTRY;   1,227        

      (B)  DOES ONE OF THE FOLLOWING:                              1,229        

      (1)  IN THE CASE OF A RESIDENCY PROGRAM IN ORTHOTICS,        1,231        

PROVIDES TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN         1,232        

ORTHOTICS;                                                                      

      (2)  IN THE CASE OF A RESIDENCY PROGRAM IN PROSTHETICS,      1,234        

PROVIDES TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN         1,235        

PROSTHETICS;                                                                    

      (3)  IN THE CASE OF A RESIDENCY PROGRAM IN ORTHOTICS AND     1,237        

PROSTHETICS, PROVIDES TWO SEMESTERS OR THREE QUARTERS OF           1,238        

INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS OF    1,239        

INSTRUCTION IN PROSTHETICS.                                        1,240        

      (C)  MEETS THE REQUIREMENTS IN DIVISIONS (K) AND (L) OF      1,243        

SECTION 4779.25 OF THE REVISED CODE;                                            

      (D)  PROVIDES RESIDENTS WITH A SUFFICIENT VARIETY AND        1,245        

VOLUME OF CLINICAL EXPERIENCES TO GIVE THEM ADEQUATE EDUCATIONAL   1,246        

EXPERIENCE IN THE ACUTE, REHABILITATIVE, AND CHRONIC ASPECTS OF    1,247        

ORTHOTICS AND PROSTHETICS, INCLUDING RECOMMENDATION, MEASUREMENT,  1,248        

IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION, FITTING, AND  1,249        

EVALUATING PATIENTS IN THE USE AND FUNCTION OF ORTHOTICS AND       1,250        

PROSTHETICS;                                                       1,251        

      (E)  PROVIDES RESIDENTS WITH SUFFICIENT TRAINING IN          1,253        

CLINICAL ASSESSMENT, PATIENT MANAGEMENT, TECHNICAL                 1,254        

                                                          29     


                                                                 
IMPLEMENTATION, PRACTICE MANAGEMENT, AND PROFESSIONAL              1,255        

RESPONSIBILITY.                                                                 

      Sec. 4779.28.  (A)  THE BOARD MAY, PURSUANT TO AN            1,257        

ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE AND BY A VOTE  1,258        

OF NOT FEWER THAN FOUR OF ITS MEMBERS, LIMIT, REVOKE, OR SUSPEND   1,259        

A LICENSE ISSUED UNDER THIS CHAPTER, REFUSE TO ISSUE A LICENSE TO  1,260        

AN APPLICANT, OR REPRIMAND OR PLACE ON PROBATION A LICENSE HOLDER  1,261        

FOR ANY OF THE FOLLOWING REASONS:                                  1,262        

      (1)  CONVICTION OF, OR A PLEA OF GUILTY TO, A MISDEMEANOR    1,264        

OR FELONY INVOLVING MORAL TURPITUDE;                               1,265        

      (2)  ANY VIOLATION OF THIS CHAPTER;                          1,267        

      (3)  COMMITTING FRAUD, MISREPRESENTATION, OR DECEPTION IN    1,269        

APPLYING FOR OR SECURING A LICENSE ISSUED UNDER THIS CHAPTER;      1,270        

      (4)  HABITUAL USE OF DRUGS OR INTOXICANTS TO THE EXTENT      1,272        

THAT IT RENDERS THE PERSON UNFIT TO PRACTICE;                      1,273        

      (5)  VIOLATION OF ANY RULE ADOPTED BY THE BOARD UNDER        1,275        

SECTION 4779.08 OF THE REVISED CODE;                               1,276        

      (6)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     1,278        

STANDARDS OF CARE OF SIMILAR ORTHOTISTS, PROSTHETISTS,             1,279        

ORTHOTISTS-PROSTHETISTS, OR PEDORTHISTS UNDER THE SAME OR SIMILAR  1,280        

CIRCUMSTANCES, REGARDLESS OF WHETHER ACTUAL INJURY TO A PATIENT    1,281        

IS ESTABLISHED;                                                    1,282        

      (7)  OBTAINING OR ATTEMPTING TO OBTAIN MONEY OR ANYTHING OF  1,284        

VALUE BY FRAUDULENT MISREPRESENTATION IN THE COURSE OF PRACTICE;   1,285        

      (8)  PUBLISHING A FALSE, FRAUDULENT, DECEPTIVE, OR           1,287        

MISLEADING STATEMENT;                                              1,288        

      (9)  WAIVING THE PAYMENT OF ALL OR PART OF A DEDUCTIBLE OR   1,290        

COPAYMENT THAT A PATIENT, PURSUANT TO A HEALTH INSURANCE OR        1,291        

HEALTH CARE POLICY, CONTRACT, OR PLAN, WOULD OTHERWISE BE          1,292        

REQUIRED TO PAY, IF THE WAIVER IS USED AS AN ENTICEMENT TO A       1,293        

PATIENT OR GROUP OF PATIENTS TO RECEIVE HEALTH CARE SERVICES FROM  1,294        

A PERSON WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER;            1,295        

      (10)  ADVERTISING THAT A PERSON WHO HOLDS A LICENSE ISSUED   1,297        

UNDER THIS CHAPTER WILL WAIVE THE PAYMENT OF ALL OR PART OF A      1,298        

                                                          30     


                                                                 
DEDUCTIBLE OR COPAYMENT THAT A PATIENT, PURSUANT TO A HEALTH       1,299        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN, THAT COVERS    1,300        

THE PERSON'S SERVICES, WOULD OTHERWISE BE REQUIRED TO PAY.         1,301        

      (B)  FOR THE PURPOSE OF INVESTIGATING WHETHER A PERSON IS    1,304        

ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN DIVISION (A) OF    1,305        

THIS SECTION, THE BOARD MAY ADMINISTER OATHS, ORDER THE TAKING OF  1,306        

DEPOSITIONS, ISSUE SUBPOENAS, EXAMINE WITNESSES, AND COMPEL THE    1,308        

ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,                      

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY.                         1,310        

      Sec. 4779.29.  IF THE BOARD DETERMINES THAT THERE IS CLEAR   1,312        

AND CONVINCING EVIDENCE THAT AN INDIVIDUAL LICENSED UNDER THIS     1,313        

CHAPTER IS ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN         1,314        

DIVISION (A) OF SECTION 4779.28 OF THE REVISED CODE AND THAT THE   1,316        

LICENSE HOLDER'S CONTINUED PRACTICE PRESENTS A DANGER OF           1,317        

IMMEDIATE AND SERIOUS HARM TO THE PUBLIC, THE BOARD MAY SUSPEND    1,318        

THE INDIVIDUAL'S LICENSE WITHOUT AN ADJUDICATORY HEARING.  A       1,319        

TELEPHONE CONFERENCE CALL MAY BE USED FOR REVIEWING THE MATTER     1,320        

AND TAKING THE VOTE.                                                            

      IF THE BOARD VOTES TO SUSPEND AN INDIVIDUAL'S LICENSE, THE   1,322        

BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY CERTIFIED MAIL  1,323        

OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF THE REVISED      1,324        

CODE.  THE ORDER IS NOT SUBJECT TO SUSPENSION BY A COURT DURING    1,325        

PENDANCY OF ANY APPEAL FILED UNDER SECTION 119.12 OF THE REVISED   1,326        

CODE.  IF THE LICENSE HOLDER REQUESTS AN ADJUDICATORY HEARING BY   1,327        

THE BOARD, THE DATE SET FOR THE HEARING SHALL BE NOT LATER THAN    1,328        

FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS, AFTER THE REQUEST,  1,329        

UNLESS OTHERWISE AGREED TO BY THE BOARD AND THE LICENSE HOLDER.    1,330        

      ANY SUSPENSION IMPOSED UNDER THIS SECTION SHALL REMAIN IN    1,332        

EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL ADJUDICATIVE      1,333        

ORDER ISSUED BY THE BOARD PURSUANT TO SECTION 119.12 OF THE        1,334        

REVISED CODE BECOMES EFFECTIVE.  THE BOARD SHALL ISSUE ITS FINAL   1,335        

ADJUDICATIVE ORDER WITHIN SIXTY DAYS AFTER COMPLETION OF ITS       1,336        

HEARING.  A FAILURE TO ISSUE AN ORDER WITHIN SIXTY DAYS SHALL      1,337        

RESULT IN THE DISSOLUTION OF THE SUMMARY SUSPENSION ORDER, BUT     1,338        

                                                          31     


                                                                 
SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL ADJUDICATIVE ORDER.     1,339        

      Sec. 4779.30.  IF THE STATE BOARD OF ORTHOTICS,              1,341        

PROSTHETICS, AND PEDORTHICS HAS REASON TO BELIEVE THAT A PERSON    1,342        

WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER IS MENTALLY ILL OR   1,343        

MENTALLY INCOMPETENT, IT MAY FILE IN THE PROBATE COURT OF THE      1,344        

COUNTY IN WHICH THE PERSON HAS A LEGAL RESIDENCE AN AFFIDAVIT IN   1,345        

THE FORM PRESCRIBED IN SECTION 5122.11 OF THE REVISED CODE AND     1,346        

SIGNED BY THE SECRETARY OF THE BOARD, WHEREUPON THE SAME           1,347        

PROCEEDING SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE        1,348        

REVISED CODE.  THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN     1,349        

ANY PROCEEDING COMMENCED UNDER THIS SECTION.                       1,350        

      IF AN INDIVIDUAL WHO HAS BEEN GRANTED A LICENSE UNDER THIS   1,352        

CHAPTER IS ADJUDICATED BY A PROBATE COURT TO BE MENTALLY ILL OR    1,353        

MENTALLY INCOMPETENT, THE INDIVIDUAL'S LICENSE SHALL BE            1,354        

AUTOMATICALLY SUSPENDED UNTIL THE INDIVIDUAL HAS FILED WITH THE    1,355        

BOARD A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE COURT OF    1,356        

THE INDIVIDUAL'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS       1,357        

SUBMITTED TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, OF        1,358        

HAVING BEEN RESTORED TO COMPETENCY IN THE MANNER AND FORM          1,360        

PROVIDED IN SECTION 5122.38 OF THE REVISED CODE.  THE JUDGE OF     1,361        

THE COURT SHALL IMMEDIATELY NOTIFY THE BOARD OF AN ADJUDICATION                 

OF INCOMPETENCE AND NOTE ANY SUSPENSION OF A LICENSE IN THE        1,362        

MARGIN OF THE COURT'S RECORD OF THE CERTIFICATE.  IN THE ABSENCE   1,363        

OF FRAUD OR BAD FAITH, NEITHER THE BOARD NOR ANY AGENT,            1,364        

REPRESENTATIVE, OR EMPLOYEE OF THE BOARD SHALL BE HELD LIABLE IN   1,365        

DAMAGES BY ANY PERSON BY REASON OF THE FILING OF THE AFFIDAVIT     1,366        

REFERRED TO IN THIS SECTION.                                       1,367        

      Sec. 4779.31.  BEFORE REINSTATING A LICENSE ISSUED UNDER     1,369        

THIS CHAPTER THAT HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS, THE  1,370        

BOARD MAY REQUIRE AN INDIVIDUAL TO PASS THE APPROPRIATE LICENSING  1,371        

EXAMINATION.                                                       1,372        

      Sec. 4779.32.  IF ANY PERSON MAKES AN ALLEGATION AGAINST AN  1,374        

INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER, THE      1,375        

ALLEGATION SHALL BE REDUCED TO WRITING AND VERIFIED BY A PERSON    1,376        

                                                          32     


                                                                 
WHO IS FAMILIAR WITH THE FACTS UNDERLYING THE ALLEGATION.  THE     1,377        

PERSON MAKING THE ALLEGATION SHALL FILE THREE COPIES OF THE        1,378        

ALLEGATION WITH THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND     1,379        

PEDORTHICS.  IF A PERSON ALLEGES THAT A LICENSE HOLDER IS          1,380        

ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN DIVISION (A) OF    1,381        

SECTION 4779.28 OF THE REVISED CODE, THE BOARD MAY PROCEED WITH    1,382        

AN ADJUDICATION HEARING UNDER CHAPTER 119. OF THE REVISED CODE.    1,383        

THE BOARD SHALL RETAIN THE INFORMATION FILED UNDER THIS SECTION    1,384        

IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER SECTION        1,385        

4779.08 OF THE REVISED CODE.                                                    

      Sec. 4779.33.  THE SECRETARY OF THE STATE BOARD OF           1,387        

ORTHOTICS, PROSTHETICS, AND PEDORTHICS SHALL ENFORCE THE LAWS      1,388        

RELATING TO THE PRACTICE OF ORTHOTICS, PROSTHETICS, AND            1,389        

PEDORTHICS.  IF THE SECRETARY HAS KNOWLEDGE OF A VIOLATION, THE    1,390        

SECRETARY SHALL INVESTIGATE THE VIOLATION AND NOTIFY THE           1,391        

PROSECUTING ATTORNEY OF THE PROPER COUNTY.                         1,392        

      Sec. 4779.99.  WHOEVER VIOLATES SECTION 4779.02, 4779.03,    1,394        

OR 4779.04 OF THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR    1,395        

ON THE FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE INDIVIDUAL   1,396        

IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.                   1,397        

      Section 2.  That existing sections 4743.05 and 4755.40 of    1,399        

the Revised Code are hereby repealed.                              1,401        

      Section 3.  Sections 4779.01, 4779.02, 4779.03, 4779.04,     1,403        

4779.05, 4779.06, 4779.07, 4779.08, 4779.09, 4779.10, 4779.11,     1,404        

4779.12, 4779.13, 4779.15, 4779.16, 4779.17, 4779.18, 4779.19,     1,406        

4779.20, 4779.21, 4779.22, 4779.23, 4779.24, 4779.25, 4779.26,     1,407        

4779.27, 4779.28, 4779.29, 4779.30, 4779.31, 4779.32, 4779.33,     1,408        

and 4779.99 of the Revised Code are hereby repealed December 31,                

2004.                                                              1,409        

      Section 4.  Sections 4779.02, 4779.03, and 4779.04 of the    1,411        

Revised Code shall take effect one year after the effective date   1,412        

of this act.                                                                    

      Section 5.  For purposes of the supervision requirement of   1,414        

division (A)(1) of section 4779.10, division (A)(1) of section     1,415        

                                                          33     


                                                                 
4779.11, and division (A)(1) of section 4779.12 of the Revised     1,416        

Code, practice prior to the effective dates of sections 4779.02    1,417        

to 4779.04 of the Revised Code under the supervision of a person   1,418        

who qualifies for a license under section 4779.09 of the Revised                

Code shall be considered supervision by a license holder.          1,419        

      Section 6.  (A)  Notwithstanding the qualifications for      1,421        

members of the State Board of Orthotics, Prosthetics, and          1,422        

Pedorthics described in division (A) of section 4779.05 of the     1,423        

Revised Code, members initially appointed to the Board by the      1,424        

Governor, with the advice and consent of the Senate, shall         1,425        

possess the qualifications described in division (B) of this       1,426        

section instead of the qualifications described in division (A)    1,427        

of section 4779.05 of the Revised Code.                            1,428        

      (B)  Two members of the Board shall be individuals who are   1,430        

certified as an orthotist, prosthetist, or orthotist-prosthetist   1,431        

by the American Board of Certification in Orthotics and            1,432        

Prosthetics or an equivalent successor organization recognized by  1,433        

the Board.  Two members shall be individuals who are certified as  1,434        

an orthotist, prosthetist, or orthotist-prosthetist by the Board   1,435        

for orthotist/prosthetist certification or an equivalent           1,436        

successor organization recognized by the Board.  One member shall  1,437        

be an individual who is certified as a pedorthist by the Board     1,438        

for certification in pedorthics or an equivalent successor         1,439        

organization recognized by the Board.  One member shall be an      1,440        

individual authorized under Chapter 4731. of the Revised Code to   1,442        

practice medicine and surgery or osteopathic medicine and surgery  1,443        

or podiatry.  One member shall be a representative of the public   1,445        

who is a consumer of orthotic or prosthetic goods and services.    1,446