As Reported by the House Commerce, Labor, and Technology Committee

130th General Assembly
Regular Session
2013-2014
H. B. No. 326


Representatives Roegner, Reece 

Cosponsors: Representatives Hood, Stebelton, Wachtmann, Thompson, Huffman, Becker, Mallory, Buchy, Sheehy, DeVitis, Young, Duffey, Landis 



A BILL
To amend section 4779.02 of the Revised Code to 1
exempt diabetic shoe fitters from licensure.2


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

       Section 1. That section 4779.02 of the Revised Code be 3
amended to read as follows:4

       Sec. 4779.02.  (A) Except as provided in division (B) of this 5
section, no person shall practice or represent that the person is 6
authorized to practice orthotics, prosthetics, or pedorthics 7
unless the person holds a current, valid license issued or renewed 8
under this chapter.9

       (B) Division (A) of this section does not apply to any of the 10
following:11

       (1) An individual who holds a current, valid license, 12
certificate, or registration issued under Chapter 4723., 4730., 13
4731., 4734., or 4755. of the Revised Code and is practicing 14
within the individual's scope of practice under statutes and rules 15
regulating the individual's profession;16

       (2) An individual who practices orthotics, prosthetics, or 17
pedorthics as an employee of the federal government and is engaged 18
in the performance of duties prescribed by statutes and 19
regulations of the United States;20

       (3) An individual who provides orthotic, prosthetic, or 21
pedorthic services under the supervision of a licensed orthotist, 22
prosthetist, or pedorthist in accordance with section 4779.04 of 23
the Revised Code;24

       (4) An individual who provides orthotic, prosthetic, or 25
pedorthic services as part of an educational, certification, or 26
residency program approved by the state board of orthotics, 27
prosthetics, and pedorthics under sections 4779.25 to 4779.27 of 28
the Revised Code;29

       (5) An individual who provides orthotic, prosthetic, or 30
pedorthic services under the direct supervision of an individual 31
authorized under Chapter 4731. of the Revised Code to practice 32
medicine and surgery or osteopathic medicine and surgery;33

        (6) An individual who fits and measures individuals for 34
therapeutic diabetic shoes and shoe inserts and dispenses those 35
shoes and shoe inserts to individuals, but provides no other 36
services that are authorized by this chapter, as long as the 37
individual has successfully completed either of the following:38

        (a) A manufacturer's training course that consists of 39
instruction in the fitting of therapeutic diabetic shoes and shoe 40
inserts and requires the individual to undergo an assessment to 41
determine whether the course has been successfully completed;42

       (b) A course of study that covers both the fitting of 43
therapeutic diabetic shoes and shoe inserts and patient management 44
of those shoes and inserts and is either of the following:45

       (i) Approved by the national commission on orthotic and 46
prosthetic education;47

       (ii) Provided through a certification program offered by an 48
orthotic and prosthetic certification organization accredited by 49
the national commission for certifying agencies.50

       Section 2. That existing section 4779.02 of the Revised Code 51
is hereby repealed.52