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|
As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 238 |
SENATOR WHITE
A BILL
To enact sections 4779.01 to 4779.13, 4779.15 to 4779.33, and 4779.99 of the
Revised Code to establish the State Board
of Orthotics, Prosthetics, and Pedorthics and provide for the
licensure of orthotists, prosthetists, and pedorthists.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4779.01, 4779.02, 4779.03, 4779.04,
4779.05, 4779.06, 4779.07, 4779.08, 4779.09, 4779.10, 4779.11,
4779.12, 4779.13, 4779.15, 4779.16, 4779.17, 4779.18,
4779.19, 4779.20, 4779.21, 4779.22, 4779.23, 4779.24, 4779.25,
4779.26, 4779.27, 4779.28, 4779.29, 4779.30, 4779.31, 4779.32,
4779.33, and 4779.99 of the Revised Code be enacted to read as
follows:
Sec. 4779.01. AS USED IN THIS CHAPTER:
(A) "ACCOMMODATIVE" MEANS DESIGNED WITH THE PRIMARY GOAL OF
CONFORMING TO THE ANATOMY OF A PARTICULAR INDIVIDUAL.
(B) "FULL-TIME" MEANS NOT LESS THAN ONE THOUSAND SIX HUNDRED
HOURS PER YEAR.
(C) "INLAY" MEANS ANY REMOVABLE MATERIAL ON WHICH THE FOOT RESTS
INSIDE A SHOE AND THAT MAY BE AN INTEGRAL DESIGN COMPONENT OF THE
SHOE.
(D) "ORTHOTICS" MEANS THE EVALUATION, MEASUREMENT, DESIGN,
FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR TRAINING IN THE USE
OF AN ORTHOTIC OR PEDORTHIC DEVICE, OR THE REPAIR,
REPLACEMENT, ADJUSTMENT, OR SERVICE OF AN EXISTING ORTHOTIC OR
PEDORTHIC DEVICE. IT DOES NOT INCLUDE UPPER EXTREMITY ADAPTIVE
EQUIPMENT USED TO FACILITATE THE ACTIVITIES OF DAILY LIVING,
FINGER SPLINTS, ELASTIC ABDOMINAL SUPPORTS WITHOUT METAL OR
PLASTIC REINFORCING STAYS, NONTHERAPEUTIC ACCOMMODATIVE INLAYS,
SHOES THAT ARE NOT MANUFACTURED OR MODIFIED FOR A PARTICULAR INDIVIDUAL,
PREFABRICATED FOOT CARE PRODUCTS, DURABLE
MEDICAL EQUIPMENT, DENTAL APPLIANCES, PEDORTHIC DEVICES, OR
DEVICES IMPLANTED INTO THE BODY BY A PHYSICIAN.
(E) "ORTHOTIC DEVICE" MEANS A CUSTOM FABRICATED OR FITTED MEDICAL
DEVICE USED TO SUPPORT, CORRECT, OR ALLEVIATE NEUROMUSCULAR OR
MUSCULOSKELETAL DYSFUNCTION, DISEASE, INJURY, OR DEFORMITY.
(F) "PEDORTHICS" MEANS THE EVALUATION, MEASUREMENT, DESIGN,
FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR TRAINING IN THE USE
OF A PEDORTHIC DEVICE, OR THE REPAIR, REPLACEMENT,
ADJUSTMENT, OR SERVICING OF A PEDORTHIC DEVICE.
(G) "PEDORTHICS DEVICE" MEANS A CUSTOM FABRICATED OR FITTED
THERAPEUTIC SHOE, SHOE MODIFICATION FOR THERAPEUTIC PURPOSES, PROSTHETIC
FILLER OF THE FOREFOOT, OR FOOT ORTHOSIS FOR USE FROM THE APEX OF THE
MEDICAL MALLEUS AND BELOW. IT DOES NOT INCLUDE AN ARCH SUPPORT, A
NONTHERAPEUTIC ACCOMMODATIVE INLAY, NONTHERAPEUTIC ACCOMMODATIVE
FOOTWEAR, PREFABRICATED FOOTCARE PRODUCTS, OR UNMODIFIED,
OVER-THE-COUNTER SHOES.
(H) "PROSTHETICS" MEANS THE EVALUATION, MEASUREMENT, DESIGN,
FABRICATION, ASSEMBLY, FITTING, ADJUSTING, SERVICING, OR TRAINING
IN THE USE OF A PROSTHESIS OR PEDORTHIC DEVICE, OR THE REPAIR,
REPLACEMENT, ADJUSTMENT, OR SERVICE OF A PROSTHESIS OR PEDORTHIC
DEVICE.
(I) "PROSTHESIS" MEANS A CUSTOM FABRICATED OR FITTED MEDICAL
DEVICE USED TO REPLACE A MISSING APPENDAGE OR OTHER EXTERNAL BODY PART. IT
INCLUDES AN ARTIFICIAL LIMB, HAND, OR FOOT, BUT DOES
NOT INCLUDE DEVICES IMPLANTED INTO THE BODY BY A PHYSICIAN,
ARTIFICIAL EYES, INTRAOCULAR LENSES, DENTAL APPLIANCES, OSTOMY
PRODUCTS, COSMETIC DEVICES SUCH AS BREAST PROSTHESES, EYELASHES,
WIGS, OR OTHER DEVICES THAT DO NOT HAVE A SIGNIFICANT IMPACT ON
THE MUSCULOSKELETAL FUNCTIONS OF THE BODY.
Sec. 4779.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF
THIS SECTION, NO PERSON SHALL PRACTICE OR REPRESENT THAT THE PERSON IS
AUTHORIZED TO PRACTICE ORTHOTICS, PROSTHETICS, OR PEDORTHICS UNLESS THE PERSON
HOLDS A CURRENT, VALID LICENSE ISSUED OR RENEWED UNDER THIS CHAPTER.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY
OF
THE FOLLOWING:
(1) AN INDIVIDUAL WHO HOLDS A CURRENT, VALID LICENSE, CERTIFICATE,
OR REGISTRATION ISSUED UNDER CHAPTER 4723., 4730., 4731., 4734., OR
4755. OF THE
REVISED CODE AND IS
PRACTICING WITHIN THE INDIVIDUAL'S SCOPE OF PRACTICE UNDER STATUTES AND
RULES REGULATING THE INDIVIDUAL'S PROFESSION;
(2) AN INDIVIDUAL WHO PRACTICES ORTHOTICS, PROSTHETICS, OR PEDORTHICS
AS AN EMPLOYEE OF THE FEDERAL GOVERNMENT AND IS ENGAGED IN THE
PERFORMANCE OF DUTIES PRESCRIBED BY STATUTES AND REGULATIONS OF THE
UNITED STATES;
(3) AN INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR PEDORTHIC
SERVICES UNDER THE SUPERVISION OF A LICENSED ORTHOTIST, PROSTHETIST, OR
PEDORTHIST IN ACCORDANCE WITH SECTION 4779.04 OF THE REVISED
CODE;
(4) AN INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR PEDORTHIC
SERVICES AS PART OF AN EDUCATIONAL, CERTIFICATION, OR RESIDENCY PROGRAM
APPROVED BY THE BOARD UNDER SECTIONS 4779.25 TO 4779.27 OF THE
REVISED
CODE.
Sec. 4779.03. NO PERSON SHALL USE THE TITLES "LICENSED
ORTHOTIST," "LICENSED PROSTHETIST," "LICENSED ORTHOTIST-PROSTHETIST," OR
"LICENSED PEDORTHIST," THE INITIALS
"L.O.,"
"L.P.,"
"L.O.P.," OR "L.PED.," OR
ANY OTHER TITLE OR INITIALS TO REPRESENT THAT THE PERSON IS LICENSED TO
PRACTICE ORTHOTICS, PROSTHETICS, OR PEDORTHICS, UNLESS THE PERSON HOLDS A
CURRENT, VALID LICENSE ISSUED OR RENEWED
UNDER THIS CHAPTER.
NO PERSON SHALL USE ANY TITLE OR INITIALS TO REPRESENT THAT
THE PERSON IS LICENSED TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS AND
PROSTHETICS, OR PEDORTHICS AS A TEMPORARILY LICENSED
ORTHOTIST, PROSTHETIST, OR PEDORTHIST, UNLESS THE PERSON HOLDS A
CURRENT, VALID TEMPORARY LICENSE ISSUED OR RENEWED UNDER THIS
CHAPTER.
Sec. 4779.04. NO INDIVIDUAL WHO PROVIDES ORTHOTIC, PROSTHETIC, OR
PEDORTHIC SERVICES UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED UNDER
THIS CHAPTER, AS PROVIDED IN DIVISION (B)(3) OF SECTION 4779.02 OF
THE REVISED CODE, SHALL DO SO UNLESS ALL OF THE FOLLOWING
ARE THE CASE:
(A) THE INDIVIDUAL DOES NOT PERFORM ANY SERVICES THAT THE
SUPERVISING ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR PEDORTHIST
IS NOT AUTHORIZED TO PERFORM;
(B) DURING THE INITIAL EVALUATION OF ANY PATIENT WHO CAN
REASONABLY BE EXPECTED TO REQUIRE
ORTHOTIC, PROSTHETIC, OR PEDORTHIC SERVICES AND DURING THE FITTING
AND DELIVERY OF AN ORTHOTIC OR PEDORTHIC DEVICE OR PROSTHESIS, THE SUPERVISING
ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR PEDORTHIST IS PHYSICALLY
PRESENT;
(C) AT TIMES OTHER THAN THOSE DESCRIBED IN DIVISION (B)
OF THIS SECTION, THE
SUPERVISING ORTHOTIST, PROSTHETIST, ORTHOTIST-PROSTHETIST, OR
PEDORTHIST IS EITHER PHYSICALLY PRESENT AT THE LOCATION WHERE THE
INDIVIDUAL IS PRACTICING OR IS READILY AVAILABLE TO THE
INDIVIDUAL THROUGH SOME MEANS OF TELECOMMUNICATION AND IS IN A
LOCATION THAT UNDER NORMAL CIRCUMSTANCES IS NOT MORE THAN SIXTY
MINUTES TRAVEL TIME AWAY FROM THE LOCATION WHERE THE INDIVIDUAL IS
PRACTICING.
NO INDIVIDUAL LICENSED UNDER THIS CHAPTER MAY SUPERVISE MORE
THAN FOUR INDIVIDUALS NOT LICENSED TO PRACTICE ORTHOTICS, PROSTHETICS,
OR PEDORTHICS WHO ARE PRACTICING ORTHOTIC, PROSTHETIC, OR PEDORTHIC
SERVICES.
Sec. 4779.05. (A) THERE IS HEREBY CREATED THE STATE BOARD OF
ORTHOTICS, PROSTHETICS, AND PEDORTHICS, CONSISTING OF SEVEN MEMBERS WHO
SHALL BE RESIDENTS OF THIS STATE AND APPOINTED BY
THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.
ONE MEMBER SHALL BE AN ORTHOTIST LICENSED UNDER THIS CHAPTER; ONE
MEMBER SHALL BE A PROSTHETIST LICENSED UNDER THIS CHAPTER; TWO MEMBERS
SHALL BE LICENSED UNDER THIS CHAPTER AS EITHER AN ORTHOTIST OR
PROSTHETIST, OR AS AN ORTHOTIST AND PROSTHETIST; ONE MEMBER SHALL
BE A PEDORTHIST LICENSED UNDER THIS CHAPTER, ONE MEMBER SHALL BE
AN INDIVIDUAL AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED
CODE
TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY OR
PODIATRY, AND ONE
MEMBER SHALL BE A REPRESENTATIVE OF THE PUBLIC WHO IS A CONSUMER OF ORTHOTIC
OR
PROSTHETIC GOODS AND SERVICES.
(B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE BOARD. OF THE
INITIAL APPOINTMENTS MADE, THREE SHALL BE FOR TERMS ENDING TWO
YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THREE SHALL BE FOR
TERMS ENDING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
AND ONE SHALL BE FOR A TERM ENDING FOUR YEARS AFTER THE EFFECTIVE
DATE OF THIS SECTION. THEREAFTER, TERMS OF OFFICE SHALL BE FOR
THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF THE SAME
MONTH AS THE TERM THAT IT SUCCEEDS.
EACH BOARD MEMBER SHALL
HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM
FOR WHICH THE MEMBER WAS APPOINTED, EXCEPT THAT A
MEMBER SHALL CONTINUE IN OFFICE AFTER THE EXPIRATION DATE OF A
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. ANY
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE
EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM.
NO MEMBER SHALL SERVE MORE THAN TWO
CONSECUTIVE TERMS.
Sec. 4779.06. MEETINGS OF THE STATE BOARD OF ORTHOTICS,
PROSTHETICS, AND PEDORTHICS SHALL BE HELD AT TIMES AND PLACES
ESTABLISHED BY THE BOARD, EXCEPT THAT THE BOARD'S ANNUAL MEETING
SHALL BE HELD IN THIS STATE IN SEPTEMBER. FOUR MEMBERS OF THE
BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS,
AND THE AFFIRMATIVE VOTE OF NOT FEWER THAN FOUR MEMBERS IS
REQUIRED FOR THE BOARD TO TAKE ANY OFFICIAL ACTION. THE BOARD
SHALL ANNUALLY SELECT FROM ITS MEMBERSHIP A PRESIDENT AND A
SECRETARY.
MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION BUT SHALL BE
REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN ATTENDING
MEETINGS OF THE BOARD AND IN THE PERFORMANCE OF THEIR OFFICIAL
DUTIES. THE BOARD MAY EMPLOY SUCH EMPLOYEES AS ARE NECESSARY TO
ENABLE IT TO EXECUTE ITS DUTIES.
Sec. 4779.07. (A) A MEMBER MAY BE REMOVED BY THE GOVERNOR FROM
THE STATE BOARD OF
ORTHOTICS, PROSTHETICS, AND PEDORTHICS FOR ANY OF THE FOLLOWING
REASONS:
(1) THE MEMBER DID NOT HAVE AT THE TIME OF APPOINTMENT OR HAS NOT
MAINTAINED THE QUALIFICATIONS REQUIRED BY DIVISION (A) OF SECTION
4779.05 OF THE REVISED CODE FOR APPOINTMENT;
(2) THE MEMBER VIOLATES ANY PROVISION OF THIS CHAPTER OR RULE
ADOPTED UNDER THIS CHAPTER;
(3) THE MEMBER IS OR EXPECTS TO BE UNABLE TO DISCHARGE THE
MEMBER'S OFFICIAL DUTIES FOR A SUBSTANTIAL PORTION OF THE MEMBER'S
TERM;
(4) THE MEMBER IS ABSENT FROM MORE THAN ONE HALF OF THE REGULARLY
SCHEDULED BOARD MEETINGS THAT THE MEMBER IS ELIGIBLE TO ATTEND DURING A
CALENDAR YEAR.
(B) THE REMOVAL OF A BOARD MEMBER UNDER THIS SECTION SHALL NOT
AFFECT THE VALIDITY OF ANY ACTION TAKEN BY THE BOARD.
Sec. 4779.08. (A) THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE
REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER,
INCLUDING RULES PRESCRIBING ALL OF THE FOLLOWING:
(1) THE FORM AND MANNER OF FILING OF APPLICATIONS TO BE ADMITTED TO
EXAMINATIONS AND FOR LICENSURE AND LICENSE RENEWAL;
(2) STANDARDS AND PROCEDURES FOR FORMULATING, EVALUATING,
APPROVING, AND ADMINISTERING LICENSING EXAMINATIONS OR RECOGNIZING OTHER
ENTITIES THAT CONDUCT EXAMINATIONS;
(3) THE FORM, SCORING, AND SCHEDULING OF LICENSING EXAMINATIONS;
(4) FEES FOR EXAMINATIONS AND APPLICATIONS FOR LICENSURE AND
LICENSE RENEWAL;
(5) FEES FOR APPROVAL OF CONTINUING EDUCATION COURSES;
(6) PROCEDURES FOR ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION
OF LICENSES AND THE CONDUCT OF DISCIPLINARY HEARINGS;
(7) STANDARDS OF ETHICAL AND PROFESSIONAL CONDUCT IN THE PRACTICE
OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS;
(8) STANDARDS FOR APPROVING NATIONAL CERTIFICATION ORGANIZATIONS
IN ORTHOTICS, PROSTHETICS, AND PEDORTHICS;
(9) FINES FOR VIOLATIONS OF THIS CHAPTER;
(10) STANDARDS FOR THE RECOGNITION AND APPROVAL OF EDUCATIONAL
PROGRAMS REQUIRED FOR LICENSURE, INCLUDING STANDARDS FOR APPROVING
FOREIGN EDUCATIONAL CREDENTIALS;
(11) STANDARDS FOR CONTINUING EDUCATION PROGRAMS REQUIRED FOR
LICENSE RENEWAL;
(12) PROVISIONS FOR MAKING AVAILABLE THE INFORMATION DESCRIBED IN
SECTION 4779.22 of the Revised Code.
(B) THE BOARD MAY ADOPT ANY OTHER RULES NECESSARY FOR THE
ADMINISTRATION OF THIS CHAPTER.
Sec. 4779.09. AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR PEDORTHICS SHALL APPLY
TO THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS
IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4779.08 of the Revised Code AND PAY THE
APPLICATION FEE SPECIFIED IN THE RULES. THE BOARD SHALL ISSUE A LICENSE TO
AN APPLICANT WHO IS
EIGHTEEN YEARS OF AGE OR OLDER, OF GOOD MORAL CHARACTER, AND
MEETS EITHER THE
REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS SECTION OR THE
REQUIREMENTS OF SECTION 4779.16 OR 4779.17 of the Revised Code.
(A) THE APPLICANT MUST PASS AN EXAMINATION CONDUCTED PURSUANT TO
SECTION 4779.15 of the Revised Code;
(B) THE APPLICANT MUST MEET THE REQUIREMENTS OF ONE OF THE
FOLLOWING:
(1) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS, THE REQUIREMENTS OF SECTION 4779.10 of the Revised Code;
(2) IN THE CASE OF AN APPLICANT FOR A LICENSE TO
PRACTICE PROSTHETICS, THE REQUIREMENTS OF SECTION 4779.11 of the Revised Code;
(3) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS AND PROSTHETICS, THE REQUIREMENTS OF
SECTION 4779.12 OF THE REVISED CODE;
(4) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
PEDORTHICS, THE REQUIREMENTS OF SECTION 4779.13 OF THE
REVISED CODE.
Sec. 4779.10. TO BE ELIGIBLE FOR A LICENSE TO PRACTICE ORTHOTICS,
AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION (A) OF THIS
SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008,
THE
REQUIREMENTS OF EITHER DIVISION (A) OR (B) OF THIS
SECTION:
(A) THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE APPLICANT IS
IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF THIS
SECTION.
(1) ON THE DATE OF APPLICATION, THE APPLICANT HAS PRACTICED
ORTHOTICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE SUPERVISION OF AN
INDIVIDUAL LICENSED UNDER THIS CHAPTER TO PRACTICE ORTHOTICS;
(2) THE APPLICANT HAS COMPLETED AN ORTHOTICS RESIDENCY PROGRAM
APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE REVISED
CODE;
(3) ONE OF THE FOLLOWING IS THE CASE:
(a) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS AND
PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE ORTHOTICS AND
PROSTHETICS PROGRAM IS
RECOGNIZED BY THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER
SECTION 4779.25 OF THE REVISED CODE
OR AN EQUIVALENT EDUCATIONAL CREDENTIAL FROM A FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(b) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT OTHER
THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL
CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY
THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS
RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED
CODE.
(B) THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR BEFORE
JANUARY 1, 2008. THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE
APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR
(B)(2)(a) OR (b) OF THIS SECTION:
(1) IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006, THE
APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(a) HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN ACCREDITED
COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY
THE BOARD;
(b) HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS RECOGNIZED
BY
THE BOARD UNDER SECTION 4779.26 OF THE REVISED CODE;
(c) HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE
PRACTICING
OR TEACHING ORTHOTICS.
(2) IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008, THE
APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)
OR (b) OF THIS SECTION:
(a)(i) THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER
FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A
FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(ii) THE APPLICANT HOLDS A VALID CERTIFICATE IN ORTHOTICS ISSUED
BY THE
AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE
BOARD FOR ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR
ORGANIZATION RECOGNIZED BY THE
BOARD;
(iii) THE APPLICANT HAS COMPLETED THREE YEARS OF DOCUMENTED,
FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS.
(b)(i) THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER
FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A
FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(ii) THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN
ORTHOTICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED CODE;
(iii) THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN
ORTHOTICS
RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE REVISED
CODE OR HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE
PRACTICING OR TEACHING ORTHOTICS.
Sec. 4779.11. TO BE ELIGIBLE FOR A LICENSE TO PRACTICE PROSTHETICS,
AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION (A) OF THIS
SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008,
THE
REQUIREMENTS OF EITHER DIVISION (A) OR (B) OF THIS
SECTION:
(A) THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE APPLICANT IS
IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF THIS
SECTION.
(1) ON THE DATE OF APPLICATION, THE APPLICANT HAS PRACTICED
PROSTHETICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE SUPERVISION OF AN
INDIVIDUAL LICENSED UNDER THIS CHAPTER TO PRACTICE PROSTHETICS;
(2) THE APPLICANT HAS COMPLETED A PROSTHETICS RESIDENCY PROGRAM
APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE REVISED
CODE;
(3) ONE OF THE FOLLOWING IS THE CASE:
(a) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS AND
PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE ORTHOTICS AND
PROSTHETICS PROGRAM IS
RECOGNIZED BY THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER
SECTION 4779.25 OF THE REVISED CODE
OR AN EQUIVALENT EDUCATIONAL CREDENTIAL FROM A FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(b) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT OTHER
THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL
CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY
THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS
RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE REVISED
CODE.
(B) THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR BEFORE
JANUARY 1, 2008. THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE
APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR
(B)(2)(a) OR
(b) OF THIS SECTION:
(1) IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006, THE
APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(a) HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN ACCREDITED
COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY
THE BOARD;
(b) HAS COMPLETED A CERTIFICATE PROGRAM IN PROSTHETICS RECOGNIZED
BY
THE BOARD UNDER SECTION 4779.26 OF THE REVISED CODE;
(c) HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE
PRACTICING
OR TEACHING PROSTHETICS.
(2) IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008, THE
APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)
OR (b) OF THIS SECTION:
(a)(i) THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER
FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A
FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(ii) THE APPLICANT HOLDS A VALID CERTIFICATE IN PROSTHETICS
ISSUED BY THE
AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE
BOARD FOR ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR
ORGANIZATION RECOGNIZED BY THE
BOARD;
(iii) THE APPLICANT HAS COMPLETED THREE YEARS OF DOCUMENTED,
FULL-TIME EXPERIENCE PRACTICING OR TEACHING PROSTHETICS.
(b)(i) THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER
FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A
FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(ii) THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN
PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED CODE;
(iii) THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN
PROSTHETICS
RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE REVISED
CODE OR HAS THREE YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE
PRACTICING OR TEACHING PROSTHETICS.
Sec. 4779.12. TO BE ELIGIBLE FOR A LICENSE TO PRACTICE ORTHOTICS AND
PROSTHETICS, AN APPLICANT MUST MEET THE REQUIREMENTS OF DIVISION (A)
OF THIS
SECTION, OR, IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008,
THE
REQUIREMENTS OF EITHER DIVISION (A) OR (B) OF THIS
SECTION:
(A) THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE APPLICANT IS
IN COMPLIANCE WITH DIVISIONS (A)(1), (2), AND (3) OF THIS
SECTION.
(1) ON THE DATE OF APPLICATION, THE APPLICANT HAS PRACTICED
ORTHOTICS AND PROSTHETICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE SUPERVISION
OF AN INDIVIDUAL LICENSED UNDER THIS CHAPTER TO PRACTICE ORTHOTICS AND
PROSTHETICS;
(2) THE APPLICANT HAS COMPLETED AN ORTHOTICS AND PROSTHETICS RESIDENCY
PROGRAM
APPROVED BY THE BOARD UNDER SECTION 4779.27 OF THE REVISED
CODE;
(3) ONE OF THE FOLLOWING IS THE CASE:
(a) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN ORTHOTICS AND
PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVERSITY WHOSE ORTHOTICS AND
PROSTHETICS PROGRAM IS
RECOGNIZED BY THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS UNDER
SECTION 4779.25 OF THE REVISED CODE
OR AN EQUIVALENT EDUCATIONAL CREDENTIAL FROM A FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(b) THE APPLICANT HOLDS A BACHELOR'S DEGREE IN A SUBJECT OTHER
THAN ORTHOTICS AND PROSTHETICS OR AN EQUIVALENT EDUCATIONAL
CREDENTIAL FROM A FOREIGN EDUCATIONAL INSTITUTION RECOGNIZED BY
THE BOARD AND HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS
AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED CODE.
(B) THIS DIVISION APPLIES TO APPLICATIONS MADE ON OR BEFORE
JANUARY 1, 2008. THE REQUIREMENTS OF THIS DIVISION ARE MET IF THE
APPLICANT IS IN COMPLIANCE WITH DIVISION (B)(1) OR
(B)(2)(a) OR
(b) OF THIS SECTION:
(1) IF APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2006, THE
APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(a) HOLDS AN ASSOCIATE'S DEGREE OR HIGHER FROM AN ACCREDITED
COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY
THE BOARD;
(b) HAS COMPLETED A CERTIFICATE PROGRAM IN ORTHOTICS AND
PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED CODE;
(c) HAS SIX YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE
PRACTICING
OR TEACHING ORTHOTICS OR PROSTHETICS.
(2) IF THE APPLICATION IS MADE ON OR BEFORE JANUARY 1, 2008, THE
APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B)(2)(a)
OR (b) OF THIS SECTION:
(a)(i) THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER
FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A
FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(ii) THE APPLICANT HOLDS A VALID CERTIFICATE IN ORTHOTICS AND
PROSTHETICS ISSUED BY THE
AMERICAN BOARD FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE
BOARD FOR ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR
ORGANIZATION RECOGNIZED BY THE
BOARD;
(iii) THE APPLICANT HAS COMPLETED SIX YEARS OF DOCUMENTED,
FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS OR PROSTHETICS.
(b)(i) THE APPLICANT HOLDS A BACHELOR'S DEGREE OR HIGHER
FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY OR AN EQUIVALENT CREDENTIAL FROM A
FOREIGN EDUCATIONAL
INSTITUTION RECOGNIZED BY THE BOARD;
(ii) THE APPLICANT HAS COMPLETED A CERTIFICATE PROGRAM IN
ORTHOTICS AND PROSTHETICS RECOGNIZED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED CODE;
(iii) THE APPLICANT HAS COMPLETED A RESIDENCY PROGRAM IN
ORTHOTICS AND PROSTHETICS
RECOGNIZED BY THE BOARD UNDER SECTION 4779.27 OF THE REVISED
CODE OR HAS SIX YEARS OF DOCUMENTED, FULL-TIME EXPERIENCE
PRACTICING OR TEACHING ORTHOTICS OR PROSTHETICS.
Sec. 4779.13. TO BE ELIGIBLE FOR A LICENSE TO PRACTICE PEDORTHICS, AN
APPLICANT MUST MEET ALL OF THE FOLLOWING REQUIREMENTS:
(A) ON THE DATE OF APPLICATION, HAS PRACTICED
PEDORTHICS FOR NOT LESS THAN EIGHT MONTHS UNDER THE SUPERVISION
OF AN INDIVIDUAL LICENSED UNDER THIS CHAPTER TO PRACTICE PEDORTHICS;
(B) HOLDS A HIGH SCHOOL DIPLOMA OR CERTIFICATE OF
HIGH SCHOOL EQUIVALENCE ISSUED BY THE STATE BOARD OF EDUCATION OR A COMPARABLE
AGENCY OF ANOTHER
STATE;
(C) HAS COMPLETED THE EDUCATION, TRAINING, AND
EXPERIENCE REQUIRED TO TAKE THE CERTIFICATION EXAMINATION
DEVELOPED BY THE BOARD FOR CERTIFICATION IN PEDORTHICS OR AN EQUIVALENT
SUCCESSOR ORGANIZATION RECOGNIZED BY THE BOARD.
Sec. 4779.15. EXCEPT AS PROVIDED IN SECTIONS 4779.16 AND 4779.17
OF THE REVISED CODE, THE STATE BOARD OF ORTHOTICS,
PROSTHETICS, AND PEDORTHICS SHALL EXAMINE OR CAUSE TO BE EXAMINED EACH
INDIVIDUAL WHO SEEKS TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS AND
PROSTHETICS, OR PEDORTHICS
IN THIS STATE.
TO BE ELIGIBLE TO TAKE AN EXAMINATION CONDUCTED BY THE BOARD OR AN ENTITY
RECOGNIZED BY THE BOARD FOR THE PURPOSE OF THIS SECTION, AN INDIVIDUAL MUST
FILE AN APPLICATION AND PAY AN EXAMINATION FEE AS SPECIFIED IN RULES ADOPTED
BY THE BOARD UNDER SECTION 4779.08 of the Revised Code AND MEET ALL THE REQUIREMENTS OF
SECTION 4779.09 of the Revised Code OTHER THAN THE REQUIREMENT OF HAVING
PASSED THE EXAMINATION.
EXAMINATIONS SHALL BE CONDUCTED AT LEAST ONCE A
YEAR IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER SECTION
4779.08 OF THE REVISED CODE. EACH APPLICANT SHALL BE
EXAMINED IN SUCH SUBJECTS AS THE BOARD REQUIRES.
THE BOARD MAY USE AS ITS EXAMINATION ALL OR PART OF A STANDARD
ORTHOTICS, PROSTHETICS, ORTHOTICS AND PROSTHETICS, OR PEDORTHICS
LICENSING EXAMINATION ESTABLISHED FOR THE PURPOSE OF DETERMINING THE
COMPETENCE OF INDIVIDUALS TO PRACTICE ORTHOTICS, PROSTHETICS, OR
PEDORTHICS IN THE UNITED STATES. IN LIEU OF CONDUCTING
EXAMINATIONS, THE BOARD MAY ACCEPT THE RESULTS OF EXAMINATIONS
CONDUCTED BY ENTITIES RECOGNIZED BY THE BOARD.
Sec. 4779.16. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL ISSUE A LICENSE UNDER SECTION 4779.09 of the Revised Code TO PRACTICE
ORTHOTICS, PROSTHETICS,
ORTHOTICS AND PROSTHETICS, OR PEDORTHICS WITHOUT EXAMINATION TO AN APPLICANT
WHO MEETS THE REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS
SECTION:
(A) NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
DATE OF THIS
SECTION, APPLIES TO THE BOARD IN ACCORDANCE WITH SECTION 4779.09 OF THE
REVISED CODE;
(B)(1) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS, IS ACTIVELY PRACTICING OR TEACHING
ORTHOTICS ON THE EFFECTIVE DATE OF THIS SECTION AND COMPLIES WITH DIVISION
(B)(2)(a) OR (b) OF THIS SECTION:
(a) THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(i) HOLDS A BACHELOR'S DEGREE OR HIGHER FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED
STATES;
(ii) HAS COMPLETED A CERTIFICATE PROGRAM IN
ORTHOTICS APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED CODE;
(iii) IS CERTIFIED IN ORTHOTICS BY THE AMERICAN BOARD
FOR CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF
ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR
ORGANIZATION RECOGNIZED BY THE BOARD;
(iv) HAS COMPLETED A RESIDENCY PROGRAM APPROVED BY THE BOARD
UNDER SECTION 4779.27 OF THE REVISED CODE.
(b) THE INDIVIDUAL MEETS BOTH OF THE FOLLOWING REQUIREMENTS:
(i) HAS A MINIMUM OF THREE YEARS OF DOCUMENTED,
FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS;
(ii) HAS PASSED THE CERTIFICATION EXAMINATION IN
ORTHOTICS DEVELOPED BY THE AMERICAN BOARD OF CERTIFICATION IN
ORTHOTICS AND PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST CERTIFICATION,
OR AN
EQUIVALENT ORGANIZATION RECOGNIZED BY THE BOARD.
(2) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
PROSTHETICS, IS ACTIVELY PRACTICING OR TEACHING
PROSTHETICS ON THE EFFECTIVE DATE OF THIS SECTION AND COMPLIES WITH
DIVISION (B)(2)(a) OR (b) OF THIS
SECTION:
(a) THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(i) HOLDS A BACHELOR'S DEGREE OR HIGHER FROM A
NATIONALLY ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED
STATES;
(ii) HAS COMPLETED A CERTIFICATE PROGRAM IN
PROSTHETICS APPROVED BY THE BOARD UNDER SECTION 4779.26 OF THE
REVISED
CODE;
(iii) IS CERTIFIED IN PROSTHETICS BY THE AMERICAN BOARD
FOR
CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF
ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR
ORGANIZATION RECOGNIZED BY THE BOARD;
(iv) HAS COMPLETED A RESIDENCY PROGRAM APPROVED BY THE BOARD
UNDER SECTION 4779.27 OF THE REVISED CODE.
(b) THE APPLICANT MEETS BOTH OF THE FOLLOWING REQUIREMENTS:
(i) HAS A MINIMUM OF THREE YEARS OF DOCUMENTED,
FULL-TIME EXPERIENCE PRACTICING OR TEACHING PROSTHETICS;
(ii) HAS PASSED THE CERTIFICATION EXAMINATION IN
PROSTHETICS OF THE AMERICAN BOARD OF CERTIFICATION IN ORTHOTICS AND
PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN
EQUIVALENT ORGANIZATION RECOGNIZED BY THE BOARD.
(3) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS AND PROSTHETICS, THE APPLICANT COMPLIES WITH DIVISION
(B)(3)(a) OR (b) OF THIS SECTION:
(a) THE APPLICANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(i) HOLDS A BACHELOR'S DEGREE OR HIGHER FROM AN
ACCREDITED COLLEGE OR UNIVERSITY IN THE UNITED STATES;
(ii) HAS COMPLETED A CERTIFICATE PROGRAM IN
ORTHOTICS AND PROSTHETICS APPROVED BY THE BOARD UNDER SECTION 4779.26 OF
THE REVISED CODE;
(iii) HAS COMPLETED A RESIDENCY PROGRAM IN
ORTHOTICS AND PROSTHETICS APPROVED UNDER SECTION 4779.27 OF THE
REVISED CODE;
(iv) IS CERTIFIED IN ORTHOTICS AND PROSTHETICS BY THE
AMERICAN BOARD FOR
CERTIFICATION IN ORTHOTICS AND PROSTHETICS, THE BOARD OF
ORTHOTIST/PROSTHETIST CERTIFICATION, OR AN EQUIVALENT SUCCESSOR
ORGANIZATION RECOGNIZED BY THE BOARD;
(b) THE APPLICANT MEETS BOTH OF THE FOLLOWING REQUIREMENTS:
(i) HAS A MINIMUM OF SIX YEARS OF DOCUMENTED,
FULL-TIME EXPERIENCE PRACTICING OR TEACHING ORTHOTICS AND
PROSTHETICS;
(ii) HAS PASSED THE ORTHOTICS AND PROSTHETICS
CERTIFICATION EXAMINATION REQUIREMENTS OF THE AMERICAN BOARD FOR
CERTIFICATION
IN ORTHOTICS AND PROSTHETICS, THE BOARD OF ORTHOTIST/PROSTHETIST
CERTIFICATION, OR AN EQUIVALENT ORGANIZATION RECOGNIZED BY THE
BOARD.
(4) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
PEDORTHICS, IS ACTIVELY PRACTICING OR TEACHING PEDORTHICS
ON THE EFFECTIVE DATE OF THIS SECTION AND IS CERTIFIED IN PEDORTHICS BY THE
BOARD FOR CERTIFICATION IN PEDORTHICS.
Sec. 4779.17. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL ISSUE A LICENSE UNDER SECTION 4779.09 of the Revised Code TO PRACTICE
ORTHOTICS, PROSTHETICS,
ORTHOTICS AND PROSTHETICS, OR PEDORTHICS WITHOUT EXAMINATION TO AN APPLICANT
WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(A) APPLIES TO THE BOARD IN ACCORDANCE WITH
SECTION 4779.09 OF THE REVISED CODE;
(B) HOLDS A LICENSE TO PRACTICE ORTHOTICS, PROSTHETICS, ORTHOTICS
AND PROSTHETICS, OR PEDORTHICS ISSUED BY THE APPROPRIATE AUTHORITY OF ANOTHER
STATE;
(C) ONE OF THE FOLLOWING APPLIES:
(1) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS
(A)(2) AND (3) OF SECTION 4779.10 of the Revised Code.
(2) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS
(A)(2) AND (3) OF SECTION 4779.11 of the Revised Code.
(3) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS AND PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN
DIVISIONS (A)(2) AND (3) OF SECTION 4779.12 of the Revised Code.
(4) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE PEDORTHICS, THE
APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS
(B) AND (C) OF SECTION 4779.13 of the Revised Code.
Sec. 4779.18. (A) THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL ISSUE A TEMPORARY LICENSE TO AN INDIVIDUAL WHO MEETS ALL OF
THE FOLLOWING REQUIREMENTS:
(1) APPLIES TO THE BOARD IN ACCORDANCE WITH RULES ADOPTED UNDER
SECTION 4779.08 OF THE REVISED CODE AND PAYS THE APPLICATION
FEE SPECIFIED IN THE RULES;
(2) IS EIGHTEEN YEARS OF AGE OR OLDER;
(3) IS OF GOOD MORAL CHARACTER;
(4) ONE OF THE FOLLOWING APPLIES:
(a) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS
(A)(2) AND (3) OF
SECTION 4779.10 of the Revised Code.
(b) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS
(A)(2) AND (3) OF SECTION 4779.11 of the Revised Code.
(c) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
ORTHOTICS AND PROSTHETICS, THE APPLICANT MEETS THE REQUIREMENTS IN
DIVISIONS (A)(2) AND (3) OF SECTION 4779.12 of the Revised Code.
(d) IN THE CASE OF AN APPLICANT FOR A LICENSE TO PRACTICE
PEDORTHICS, THE APPLICANT MEETS THE REQUIREMENTS IN DIVISIONS
(B) AND (C) OF SECTION 4779.13 of the Revised Code.
(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID FOR
ONE
YEAR AND MAY BE RENEWED ONCE IN ACCORDANCE WITH RULES ADOPTED BY THE
BOARD UNDER SECTION 4779.08 of the Revised Code.
AN INDIVIDUAL WHO HOLDS A TEMPORARY LICENSE MAY PRACTICE ORTHOTICS,
PROSTHETICS, ORTHOTICS AND
PROSTHETICS, OR PEDORTHICS ONLY UNDER THE SUPERVISION OF AN INDIVIDUAL WHO
HOLDS A LICENSE ISSUED UNDER SECTION 4779.09 of the Revised Code IN THE SAME AREA OF
PRACTICE.
Sec. 4779.19. A LICENSE ISSUED UNDER SECTION 4779.09 of the Revised Code OR
RENEWED UNDER SECTION 4779.20 of the Revised Code IS VALID FOR NOT LESS THAN THREE
YEARS AND NOT MORE THAN FOUR YEARS AND EXPIRES ON THE
THIRTY-FIRST DAY OF JANUARY.
Sec. 4779.20. (A) AN INDIVIDUAL SEEKING TO RENEW A LICENSE
ISSUED UNDER SECTION 4779.09 of the Revised Code SHALL, ON OR BEFORE THE THIRTY-FIRST DAY OF
JANUARY OF THE YEAR IN
WHICH THE LICENSE EXPIRES, APPLY FOR RENEWAL. THE
STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS SHALL SEND
RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE.
APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE BOARD
PRESCRIBES AND FURNISHES. EACH APPLICATION SHALL BE ACCOMPANIED BY A
RENEWAL FEE SPECIFIED IN RULES ADOPTED BY THE BOARD UNDER SECTION 4779.08 OF
THE REVISED CODE.
(B) TO BE ELIGIBLE FOR RENEWAL OTHER THAN A FIRST RENEWAL, THE
LICENSE HOLDER MUST CERTIFY TO THE BOARD ONE OF THE FOLLOWING:
(1) IN THE CASE OF AN INDIVIDUAL LICENSED AS AN ORTHOTIST OR
PROSTHETIST, THE INDIVIDUAL HAS COMPLETED WITHIN THE PRECEDING THREE
YEARS FORTY-FIVE CONTINUING EDUCATION UNITS GRANTED BY THE BOARD
UNDER SECTION 4779.24 OF THE REVISED CODE;
(2) IN THE CASE OF AN INDIVIDUAL LICENSED AS A PROSTHETIST AND
ORTHOTIST, THE INDIVIDUAL HAS COMPLETED WITHIN THE PRECEDING THREE
YEARS SEVENTY-FIVE CONTINUING EDUCATION UNITS GRANTED BY THE BOARD
UNDER SECTION 4779.24 OF THE REVISED CODE;
(3) IN THE CASE OF AN INDIVIDUAL LICENSED AS A PEDORTHIST, THE
INDIVIDUAL HAS COMPLETED WITHIN THE PREVIOUS THREE YEARS THE
CONTINUING EDUCATION COURSES REQUIRED BY THE BOARD FOR
CERTIFICATION IN PEDORTHICS OR AN EQUIVALENT ORGANIZATION
RECOGNIZED BY THE BOARD.
Sec. 4779.21. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL MAINTAIN BOARD RECORDS, INCLUDING RECORDS OF THE
BOARD'S PROCEEDINGS, A REGISTRY OF ALL APPLICANTS FOR LICENSURE THAT
INDICATES WHETHER THE APPLICANT WAS GRANTED A LICENSE, AND ANY
OTHER RECORDS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
CHAPTER.
Sec. 4779.22. (A) THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL PUBLISH AND MAKE AVAILABLE TO THE PUBLIC WRITTEN
INFORMATION REGARDING BOTH OF THE FOLLOWING:
(1) THE BOARD'S REGULATORY FUNCTIONS AND THE PROVISIONS OF THIS
CHAPTER;
(2) THE PROCEDURES BY WHICH COMPLAINTS ARE FILED WITH THE BOARD,
WHICH SHALL INCLUDE A DESCRIPTION OF THE COMPLAINT PROCEDURES AND THE
NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF THE BOARD.
(B) THE BOARD SHALL MAKE THE INFORMATION DESCRIBED IN DIVISION
(A) OF THIS SECTION AVAILABLE TO ALL OF THE FOLLOWING:
(1) CONSUMERS OF ORTHOTIC, PROSTHETIC, AND PEDORTHIC GOODS AND
SERVICES;
(2) INDIVIDUALS LICENSED BY THE BOARD;
(3) NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, AND PEDORTHIC
CERTIFYING AND ACCREDITING ORGANIZATIONS;
(4) NATIONALLY RECOGNIZED ORTHOTIC, PROSTHETIC, AND PEDORTHIC
EDUCATIONAL ORGANIZATIONS;
(5) ANY OTHER ENTITY THAT MAY REASONABLY REQUIRE THE
INFORMATION.
(C) THE BOARD MAY MAKE AVAILABLE ANY OF THE INFORMATION DESCRIBED
IN DIVISION (A) OF THIS SECTION BY ADOPTING A RULE UNDER SECTION
4779.08 of the Revised Code REQUIRING THE
INFORMATION TO BE DISPLAYED IN ANY OF THE FOLLOWING WAYS:
(1) ON EACH REGISTRATION FORM OR APPLICATION PREPARED BY THE
BOARD;
(2) ON A SIGN PROMINENTLY DISPLAYED IN THE PLACE OF BUSINESS OF
EACH INDIVIDUAL LICENSED UNDER THIS CHAPTER;
(3) IN EACH BILL OR WRITTEN CONTRACT FOR SERVICES PROVIDED BY AN
INDIVIDUAL LICENSED UNDER THIS CHAPTER.
Sec. 4779.23. (A) TO BE ELIGIBLE FOR APPROVAL BY THE STATE BOARD
OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS, A CONTINUING EDUCATION COURSE MUST
SATISFY ALL OF THE FOLLOWING REQUIREMENTS:
(1) INCLUDE SIGNIFICANT INTELLECTUAL OR PRACTICAL CONTENT AND BE
DESIGNED TO IMPROVE THE PROFESSIONAL COMPETENCE OF
PARTICIPANTS;
(2) DEAL WITH MATTERS DIRECTLY RELATED TO THE PRACTICE OF
ORTHOTICS, PROSTHETICS, OR PEDORTHICS, INCLUDING PROFESSIONAL RESPONSIBILITY,
ETHICAL
OBLIGATIONS, OR SIMILAR SUBJECTS THAT THE BOARD CONSIDERS NECESSARY
TO MAINTAIN AND IMPROVE THE QUALITY OF ORTHOTIC AND PROSTHETIC
SERVICES IN THIS STATE;
(3) INVOLVE IN-PERSON INSTRUCTION, EXCEPT THAT A COURSE MAY USE
SELF-STUDY MATERIALS IF THE MATERIALS ARE PREPARED AND PRESENTED BY A
GROUP WITH APPROPRIATE PRACTICAL EXPERIENCE;
(4) BE PRESENTED IN A SETTING THAT IS PHYSICALLY SUITED TO THE
COURSE;
(5) INCLUDE THOROUGH, HIGH-QUALITY WRITTEN MATERIAL;
(6) MEET ANY OTHER REQUIREMENTS THE BOARD CONSIDERS APPROPRIATE.
(B) THE BOARD SHALL, IN ACCORDANCE WITH THE STANDARDS IN DIVISION
(A) OF THIS SECTION, REVIEW AND APPROVE CONTINUING EDUCATION
COURSES. IF THE BOARD DOES NOT APPROVE A COURSE, IT SHALL PROVIDE A WRITTEN
EXPLANATION OF THE
REASON FOR THE DENIAL TO THE PERSON THAT REQUESTED APPROVAL. THE BOARD MAY
APPROVE CONTINUING
EDUCATION COURSES APPROVED BY BOARDS OF OTHER STATES THAT REGULATE
ORTHOTICS, PROSTHETICS, AND PEDORTHICS IF THE OTHER BOARD'S
STANDARDS FOR APPROVING CONTINUING EDUCATION COURSES ARE
EQUIVALENT TO THE STANDARDS ESTABLISHED PURSUANT TO DIVISION (A)
OF THIS SECTION.
Sec. 4779.24. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL GRANT CONTINUING EDUCATION UNITS TO INDIVIDUALS
LICENSED UNDER THIS CHAPTER ON THE FOLLOWING BASIS:
(A) FOR COMPLETING A CONTINUING EDUCATION COURSE APPROVED BY THE
BOARD UNDER SECTION 4779.23 OF THE REVISED CODE, ONE UNIT
FOR EACH HOUR OF INSTRUCTION RECEIVED;
(B) FOR TEACHING AS A FACULTY MEMBER A COURSE IN ORTHOTICS,
PROSTHETICS, OR PEDORTHICS THAT IS PART OF THE CURRICULUM OF AN
INSTITUTION OF HIGHER EDUCATION,
ONE-HALF UNIT FOR EACH SEMESTER HOUR OF THE
COURSE, OR AN EQUIVALENT UNIT FOR EACH QUARTER OR TRIMESTER HOUR
OF THE COURSE;
(C) FOR TEACHING OTHER THAN AS A FACULTY MEMBER A COURSE THAT IS
PART OF AN INSTITUTION OF HIGHER EDUCATION'S ORTHOTICS, PROSTHETICS, OR
PEDORTHICS CURRICULUM, ONE UNIT FOR EACH HOUR TEACHING
THE COURSE;
(D) FOR TEACHING A CONTINUING EDUCATION COURSE THAT IS APPROVED
BY THE BOARD UNDER SECTION 4779.23 OF THE REVISED CODE THAT
IS NOT PART OF AN INSTITUTION OF HIGHER EDUCATION'S ORTHOTICS, PROSTHETICS, OR
PEDORTHICS CURRICULUM, THREE UNITS FOR EACH HOUR TEACHING
THE COURSE FOR THE FIRST TIME AND ONE-HALF UNIT FOR EACH HOUR TEACHING
THE COURSE EACH TIME THEREAFTER.
Sec. 4779.25. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL RECOGNIZE AN INSTITUTION OF HIGHER EDUCATION'S BACHELOR'S
DEGREE PROGRAM IN ORTHOTICS AND PROSTHETICS IF THE PROGRAM SATISFIES ALL OF
THE FOLLOWING REQUIREMENTS:
(A) PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS OF
INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN
PROSTHETICS;
(B) REQUIRES AS A CONDITION OF ENTRY A HIGH SCHOOL DIPLOMA OR
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE ISSUED BY THE STATE BOARD OF
EDUCATION;
(C) INCLUDES A WRITTEN DESCRIPTION OF THE PROGRAM THAT INCLUDES
LEARNING GOALS, COURSE OBJECTIVES, AND COMPETENCIES FOR
GRADUATION;
(D) REQUIRES FREQUENT, DOCUMENTED EVALUATION OF STUDENTS TO
ASSESS THEIR ACQUISITION OF KNOWLEDGE, PROBLEM IDENTIFICATION AND SOLVING
SKILLS, AND PSYCHOMOTOR, BEHAVIORAL, AND CLINICAL
COMPETENCIES;
(E) REQUIRES AS A CONDITION OF ENTRY SUCCESSFUL COMPLETION OF
COURSES IN BIOLOGY, CHEMISTRY, PHYSICS, PSYCHOLOGY, COMPUTER SCIENCE, ALGEBRA
OR HIGHER MATH, HUMAN ANATOMY WITH A LABORATORY
SECTION, AND PHYSIOLOGY WITH A LABORATORY SECTION;
(F) REQUIRES FORMAL INSTRUCTION IN BIOMECHANICS, GAIT ANALYSIS
AND
PATHOMETRICS, KINESIOLOGY, PATHOLOGY, MATERIALS SCIENCE, RESEARCH
METHODS, AND DIAGNOSTIC IMAGING TECHNIQUES;
(G) REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO DEMONSTRATE
ORTHOTICS SKILLS, INCLUDING MEASUREMENT, IMPRESSION-TAKING, MODEL
RECTIFICATION, AND FITTING AND ALIGNMENT OF ORTHOSES FOR THE LOWER
LIMBS, UPPER LIMBS, AND SPINES;
(H) REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO COMPLETE
TRAINING IN ORTHOTIC SYSTEMS, INCLUDING FOOT ORTHOSIS, ANKLE-FOOT ORTHOSIS,
KNEE ORTHOSIS, KNEE-ANKLE-FOOT ORTHOSIS,
HIP-KNEE-ANKLE ORTHOSIS, HIP ORTHOSIS, WRIST-HAND ORTHOSIS,
CERVICAL-THORACIC-LUMBO-SACRAL ORTHOSIS, THORACOLUMBO-SACRAL
ORTHOSIS, LUMBO-SACRAL ORTHOSIS, HALO, FRACTURE MANAGEMENT,
RGO, STANDING FRAMES, AND SEATING;
(I) REQUIRES STUDENTS AS A CONDITION OF GRADUATION TO DEMONSTRATE
PROSTHETIC SKILLS THAT INCLUDE MEASUREMENT, IMPRESSION TAKING, MODEL
RECTIFICATION, DIAGNOSTIC FITTING, DEFINITIVE FITTING,
POSTOPERATIVE MANAGEMENT, EXTERNAL POWER, AND STATIC AND DYNAMIC
ALIGNMENT OF SOCKETS RELATED TO VARIOUS AMPUTATION LEVELS,
INCLUDING PARTIAL FOOT, SYME'S BELOW KNEE, ABOVE KNEE, BELOW
ELBOW, ABOVE ELBOW, AND THE VARIOUS JOINT DISARTICULATIONS;
(J) REQUIRES AS A CONDITION OF GRADUATION STUDENTS TO COMPLETE
NOT
LESS THAN FIVE HUNDRED HOURS OF SUPERVISED CLINICAL EXPERIENCE
THAT FOCUS ON PATIENT-RELATED ACTIVITIES, INCLUDING
RECOMMENDATION, MEASUREMENT, IMPRESSION-TAKING, MODEL
RECTIFICATION, FABRICATION, FITTING, AND EVALUATING PATIENTS IN
THE USE AND FUNCTION OF ORTHOTICS AND PROSTHETICS;
(K) PROVIDES FOR THE EVALUATION OF THE PROGRAM'S COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION THROUGH REGULAR, ON-SITE VISITS CONDUCTED BY
A TEAM OF QUALIFIED INDIVIDUALS FROM A NATIONALLY
RECOGNIZED ORTHOTIC, PROSTHETIC, OR ORTHOTIC AND PROSTHETIC
CERTIFYING BODY;
(L) MEETS ANY OTHER STANDARDS ADOPTED BY THE BOARD UNDER SECTION
4779.08 OF THE REVISED CODE.
Sec. 4779.26. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL RECOGNIZE A CERTIFICATE PROGRAM IN ORTHOTICS,
PROSTHETICS, OR ORTHOTICS AND PROSTHETICS IF THE PROGRAM SATISFIES ALL OF THE
FOLLOWING REQUIREMENTS:
(A) MEETS THE REQUIREMENTS IN DIVISIONS
(B), (C), (D), (E), (F),
(K), AND (L) OF SECTION 4779.24 OF THE REVISED
CODE;
(B) IN THE CASE OF A CERTIFICATE PROGRAM IN ORTHOTICS, THE
PROGRAM
DOES ALL OF THE FOLLOWING:
(1) PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS OF
INSTRUCTION IN ORTHOTICS;
(2) REQUIRES STUDENTS TO COMPLETE NOT LESS THAN TWO HUNDRED
FIFTY HOURS OF SUPERVISED CLINICAL EXPERIENCE THAT FOCUSES ON
PATIENT-RELATED ACTIVITIES, RECOMMENDATION, MEASUREMENT,
IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION, FITTING, AND
EVALUATING PATIENTS IN THE USE AND FUNCTION OF ORTHOTICS;
(3) MEETS THE REQUIREMENTS IN DIVISIONS (G) AND (H) OF
SECTION 4779.25 of the Revised Code.
(C) IN THE CASE OF A CERTIFICATE PROGRAM IN PROSTHETICS, THE
PROGRAM DOES ALL OF THE FOLLOWING:
(1) PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS OF
INSTRUCTION IN PROSTHETICS;
(2) REQUIRES STUDENTS TO COMPLETE NOT LESS THAN TWO HUNDRED
FIFTY HOURS OF SUPERVISED CLINICAL EXPERIENCE THAT FOCUSES ON
PATIENT-RELATED ACTIVITIES, RECOMMENDATION, MEASUREMENT,
IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION, FITTING, AND
EVALUATING PATIENTS IN THE USE AND FUNCTION OF PROSTHETICS;
(3) MEETS THE REQUIREMENTS IN DIVISIONS (F) AND (I) OF
SECTION 4779.25 OF
THE REVISED CODE.
(D) IN THE CASE OF A CERTIFICATE PROGRAM IN ORTHOTICS AND
PROSTHETICS, THE PROGRAM DOES BOTH OF THE FOLLOWING:
(1) PROVIDES NOT LESS THAN TWO SEMESTERS OR THREE QUARTERS OF
INSTRUCTION IN ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN
PROSTHETICS;
(2) MEETS THE REQUIREMENTS IN DIVISIONS (H) AND (I) OF
SECTION 4779.25 OF
THE REVISED CODE.
Sec. 4779.27. THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS SHALL APPROVE A RESIDENCY PROGRAM IN ORTHOTICS, PROSTHETICS,
OR ORTHOTICS AND PROSTHETICS IF THE PROGRAM DOES ALL OF THE
FOLLOWING:
(A) REQUIRES A BACHELOR'S DEGREE AS A CONDITION OF ENTRY;
(B) DOES ONE OF THE FOLLOWING:
(1) IN THE CASE OF A RESIDENCY PROGRAM IN ORTHOTICS, PROVIDES TWO
SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN ORTHOTICS;
(2) IN THE CASE OF A RESIDENCY PROGRAM IN PROSTHETICS, PROVIDES
TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN PROSTHETICS;
(3) IN THE CASE OF A RESIDENCY PROGRAM IN ORTHOTICS AND
PROSTHETICS, PROVIDES TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN
ORTHOTICS AND TWO SEMESTERS OR THREE QUARTERS OF INSTRUCTION IN
PROSTHETICS.
(C) MEETS THE REQUIREMENTS IN DIVISIONS (K) AND
(L) OF SECTION 4779.25 OF THE REVISED CODE;
(D) PROVIDES RESIDENTS WITH A SUFFICIENT VARIETY AND VOLUME OF
CLINICAL EXPERIENCES TO GIVE THEM ADEQUATE EDUCATIONAL EXPERIENCE IN THE
ACUTE, REHABILITATIVE, AND CHRONIC ASPECTS OF ORTHOTICS
AND PROSTHETICS, INCLUDING RECOMMENDATION, MEASUREMENT,
IMPRESSION-TAKING, MODEL RECTIFICATION, FABRICATION, FITTING, AND
EVALUATING PATIENTS IN THE USE AND FUNCTION OF ORTHOTICS AND
PROSTHETICS;
(E) PROVIDES RESIDENTS WITH SUFFICIENT TRAINING IN CLINICAL
ASSESSMENT, PATIENT MANAGEMENT, TECHNICAL IMPLEMENTATION, PRACTICE
MANAGEMENT, AND PROFESSIONAL RESPONSIBILITY.
Sec. 4779.28. (A) THE BOARD MAY, PURSUANT TO AN ADJUDICATION
UNDER CHAPTER 119. of the Revised Code AND BY A VOTE OF NOT FEWER THAN FOUR OF ITS
MEMBERS, LIMIT, REVOKE, OR SUSPEND A LICENSE ISSUED
UNDER THIS CHAPTER, REFUSE TO ISSUE A LICENSE TO AN APPLICANT, OR
REPRIMAND OR PLACE ON PROBATION A LICENSE HOLDER FOR ANY OF THE
FOLLOWING REASONS:
(1) CONVICTION OF, OR A PLEA OF GUILTY TO, A MISDEMEANOR OR FELONY
INVOLVING MORAL TURPITUDE;
(2) ANY VIOLATION OF THIS CHAPTER;
(3) COMMITTING FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING
FOR OR SECURING A LICENSE ISSUED UNDER THIS CHAPTER;
(4) HABITUAL USE OF DRUGS OR INTOXICANTS TO THE EXTENT THAT IT
RENDERS THE PERSON UNFIT TO PRACTICE;
(5) VIOLATION OF ANY RULE ADOPTED BY THE BOARD UNDER SECTION
4779.08 OF THE REVISED CODE;
(6) A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL STANDARDS
OF CARE OF SIMILAR ORTHOTISTS, PROSTHETISTS,
ORTHOTISTS-PROSTHETISTS, OR PEDORTHISTS UNDER THE SAME OR SIMILAR
CIRCUMSTANCES, REGARDLESS OF WHETHER ACTUAL INJURY TO A PATIENT IS
ESTABLISHED;
(7) OBTAINING OR ATTEMPTING TO OBTAIN MONEY OR ANYTHING OF VALUE
BY FRAUDULENT MISREPRESENTATION IN THE COURSE OF PRACTICE;
(8) PUBLISHING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING
STATEMENT;
(9) WAIVING THE PAYMENT OF ALL OR PART OF A DEDUCTIBLE OR
COPAYMENT THAT A PATIENT, PURSUANT TO A HEALTH INSURANCE OR HEALTH CARE
POLICY, CONTRACT, OR PLAN, WOULD OTHERWISE BE REQUIRED TO PAY, IF
THE WAIVER IS USED AS AN ENTICEMENT TO A PATIENT OR GROUP OF
PATIENTS TO RECEIVE HEALTH CARE SERVICES FROM A PERSON WHO HOLDS A
LICENSE ISSUED UNDER THIS CHAPTER;
(10) ADVERTISING THAT A PERSON WHO HOLDS A LICENSE ISSUED UNDER
THIS CHAPTER WILL WAIVE THE PAYMENT OF ALL OR PART OF A DEDUCTIBLE OR
COPAYMENT THAT A PATIENT, PURSUANT TO A HEALTH INSURANCE OR HEALTH CARE
POLICY, CONTRACT, OR PLAN, THAT COVERS THE PERSON'S SERVICES,
WOULD OTHERWISE BE REQUIRED TO PAY.
(B) FOR THE PURPOSE OF INVESTIGATING
WHETHER A PERSON IS ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN DIVISION
(A) OF THIS SECTION, THE BOARD MAY ADMINISTER OATHS,
ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, EXAMINE WITNESSES, AND
COMPEL
THE ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS, PAPERS,
RECORDS, DOCUMENTS,
AND TESTIMONY.
Sec. 4779.29. IF THE BOARD DETERMINES THAT THERE IS CLEAR AND
CONVINCING EVIDENCE THAT AN INDIVIDUAL LICENSED UNDER THIS
CHAPTER IS ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN DIVISION
(A) OF SECTION
4779.28 OF THE REVISED CODE AND THAT THE LICENSE HOLDER'S
CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS HARM TO THE
PUBLIC, THE BOARD MAY SUSPEND THE INDIVIDUAL'S LICENSE
WITHOUT AN ADJUDICATORY HEARING. A TELEPHONE CONFERENCE CALL MAY
BE USED FOR REVIEWING THE MATTER AND TAKING THE VOTE.
IF THE BOARD VOTES TO SUSPEND AN INDIVIDUAL'S LICENSE, THE BOARD
SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY CERTIFIED MAIL OR IN PERSON
IN ACCORDANCE WITH SECTION 119.07 of the Revised Code. THE ORDER IS NOT
SUBJECT TO SUSPENSION BY A COURT DURING PENDANCY OF ANY APPEAL
FILED UNDER SECTION 119.12 of the Revised Code. IF THE LICENSE
HOLDER REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, THE DATE SET
FOR THE HEARING SHALL BE NOT LATER THAN FIFTEEN DAYS, BUT NOT EARLIER THAN
SEVEN DAYS, AFTER THE REQUEST, UNLESS OTHERWISE AGREED TO BY
THE BOARD AND THE LICENSE HOLDER.
ANY SUSPENSION IMPOSED UNDER THIS SECTION SHALL REMAIN IN
EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL ADJUDICATIVE ORDER
ISSUED BY THE BOARD PURSUANT TO SECTION 119.12 of the Revised Code
BECOMES EFFECTIVE. THE BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE
ORDER WITHIN SIXTY DAYS AFTER COMPLETION OF ITS HEARING. A FAILURE
TO ISSUE AN ORDER WITHIN SIXTY DAYS SHALL RESULT IN THE DISSOLUTION
OF THE SUMMARY SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY
SUBSEQUENT, FINAL ADJUDICATIVE ORDER.
Sec. 4779.30. IF THE STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS HAS REASON TO BELIEVE THAT A PERSON WHO HOLDS A LICENSE
ISSUED UNDER THIS CHAPTER IS MENTALLY ILL OR MENTALLY INCOMPETENT,
IT MAY FILE IN THE PROBATE COURT OF THE COUNTY IN WHICH THE PERSON
HAS A LEGAL RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN
SECTION 5122.11 of the Revised Code AND SIGNED BY THE SECRETARY OF
THE BOARD, WHEREUPON THE SAME PROCEEDING SHALL BE HAD AS PROVIDED
IN CHAPTER 5122. of the Revised Code. THE ATTORNEY GENERAL MAY
REPRESENT THE BOARD IN ANY PROCEEDING COMMENCED UNDER THIS
SECTION.
IF AN INDIVIDUAL WHO HAS BEEN GRANTED A LICENSE UNDER THIS CHAPTER
IS ADJUDICATED BY A PROBATE COURT TO BE MENTALLY ILL OR MENTALLY
INCOMPETENT, THE INDIVIDUAL'S LICENSE SHALL BE AUTOMATICALLY
SUSPENDED UNTIL THE INDIVIDUAL HAS FILED WITH THE BOARD A
CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE COURT OF THE
INDIVIDUAL'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS SUBMITTED
TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, OF
HAVING BEEN RESTORED TO COMPETENCY IN THE MANNER AND
FORM PROVIDED IN SECTION 5122.38 of the Revised Code. THE JUDGE
OF THE COURT SHALL IMMEDIATELY NOTIFY THE BOARD OF AN ADJUDICATION
OF INCOMPETENCE AND NOTE ANY SUSPENSION OF A LICENSE IN THE MARGIN
OF THE COURT'S RECORD OF THE CERTIFICATE. IN THE ABSENCE OF FRAUD
OR BAD FAITH, NEITHER THE BOARD NOR ANY AGENT, REPRESENTATIVE, OR
EMPLOYEE OF THE BOARD SHALL BE HELD LIABLE IN DAMAGES BY ANY
PERSON BY REASON OF THE FILING OF THE AFFIDAVIT REFERRED TO IN
THIS SECTION.
Sec. 4779.31. BEFORE REINSTATING A LICENSE ISSUED UNDER THIS
CHAPTER THAT HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS, THE BOARD MAY
REQUIRE AN INDIVIDUAL TO PASS THE APPROPRIATE LICENSING
EXAMINATION.
Sec. 4779.32. IF ANY PERSON MAKES AN ALLEGATION AGAINST AN
INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THIS CHAPTER, THE ALLEGATION
SHALL BE REDUCED TO WRITING AND VERIFIED BY A PERSON WHO IS FAMILIAR
WITH THE FACTS UNDERLYING THE ALLEGATION. THE PERSON MAKING THE
ALLEGATION SHALL FILE THREE COPIES OF THE ALLEGATION WITH THE
STATE BOARD OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS. IF A PERSON ALLEGES
THAT A LICENSE HOLDER IS ENGAGING OR HAS ENGAGED IN CONDUCT DESCRIBED IN
DIVISION (A) OF SECTION 4779.28 of the Revised Code, THE BOARD MAY
PROCEED WITH AN ADJUDICATION
HEARING UNDER CHAPTER 119. of the Revised Code.
THE BOARD SHALL RETAIN THE INFORMATION FILED UNDER THIS SECTION IN ACCORDANCE
WITH RULES ADOPTED BY THE BOARD UNDER SECTION 4779.08 of the Revised Code.
Sec. 4779.33. THE SECRETARY OF THE STATE BOARD OF ORTHOTICS,
PROSTHETICS, AND PEDORTHICS SHALL ENFORCE THE LAWS RELATING TO THE
PRACTICE OF ORTHOTICS, PROSTHETICS, AND PEDORTHICS. IF THE SECRETARY
HAS KNOWLEDGE OF A VIOLATION, THE SECRETARY SHALL INVESTIGATE THE
VIOLATION AND NOTIFY THE PROSECUTING ATTORNEY OF THE PROPER
COUNTY.
Sec. 4779.99. WHOEVER VIOLATES SECTION 4779.02, 4779.03, OR
4779.04 REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR
ON THE FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE INDIVIDUAL IS
GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.
Section 2. Sections 4779.02, 4779.03, and 4779.04 of the Revised Code shall
take effect one year after the effective date of this act.
Section 3. For purposes of the supervision requirement of division (A)(1) of
section 4779.10, division (A)(1) of section 4779.11, and division (A)(1) of
section 4779.12 of the Revised Code, practice prior to the effective dates of
sections 4779.02 to 4779.04 of the Revised Code under the supervision of a
person who qualifies for a license under section 4779.09 of the Revised Code
shall be considered supervision by a license holder.
Section 4. (A) Notwithstanding the qualifications for members of
the State Board of Orthotics, Prosthetics, and Pedorthics
described in division (A) of section 4779.05 of the Revised Code,
members initially appointed to the Board by the Governor, with the
advice and consent of the Senate, shall possess the qualifications
described in division (B) of this section instead of the
qualifications described in division (A) of section 4779.05 of the
Revised Code.
(B) Two members of the Board shall be individuals who are certified as
an orthotist, prosthetist, or orthotist-prosthetist by the American
Board of Certification in Orthotics and Prosthetics or an
equivalent successor organization recognized by the Board. Two
members shall be individuals who are certified as an orthotist,
prosthetist, or orthotist-prosthetist by the Board for
orthotist/prosthetist certification or an equivalent successor
organization recognized by the Board. One member shall be an
individual who is certified as a pedorthist by the Board for
certification in pedorthics or an equivalent successor
organization recognized by the Board. One member shall be an
individual authorized under Chapter 4731. of the Revised
Code to
practice medicine and surgery or osteopathic medicine and surgery or podiatry.
One
member shall be a representative of the public who is a consumer of
orthotic or prosthetic goods and services.
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