SECTION 3:
Definitions
1)
Act means the Arkansas Orthotics, Prosthetics and Pedorthics Practice Act of 2007, as may be amended, and codified at Ark. Code Ann. §
17-107-101 et seq.
2)
Advisory Board or board means the Arkansas Orthotics, Prosthetics and Pedorthics Advisory Board.
3)
Board for Certification in Pedorthics has merged and is now known as the American Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc
4)
Board of Health means the Arkansas State Board of Health.
5)
Department means the Arkansas Department of Health.
6)
Custom Fabricated and Fitted Devices.
a. Custom fabricated and fitted device means an orthosis, prosthesis, or pedorthic device which is fabricated to original measurements or a mold for use by a patient in accordance with a prescription from a health care practitioner authorized by law to write such prescriptions and which requires substantial clinical and technical judgment in its design and fitting.
b. Custom fitted device means a prefabricated orthosis, prosthesis, or pedorthic device sized or modified for use by the patient in accordance with a prescription from a health care practitioner authorized by law to write such prescriptions and which requires substantial clinical judgment and substantive alteration for appropriate use.
c. Custom fabricated devices and custom fabricated and fitted devices must be dispensed by a licensed health care practitioner or by a person licensed under these rules in accordance with a prescription from a licensed health care practitioner.
7)
Off-the-shelf device means a prefabricated prosthesis or orthosis sized or modified for use by the patient in accordance with a prescription from a health care practitioner authorized by law to write such prescriptions and which does not require substantial clinical judgment and substantive alteration for appropriate use.
a. The sale of over-the-counter and off-the-shelf devices by non-licensed persons is not prohibited by these rules.
8)
Orthosis means an external device that is:
a. Intended to restore physiological function or cosmesis to a patient; and
b. Custom-designed, fabricated, assembled, fitted, or adjusted for the patient using the device prior to or concurrent with the delivery of the device to the patient.
c. Orthosis does not include a cane, crutch, corset, dental appliance, elastic hose, elastic support, fabric support, generic arch support, low-temperature plastic splint, soft cervical collar, truss, or other similar device that:
i. Is carried in stock and sold without therapeutic modification by a corset shop, department store, drug store, surgical supply facility, or similar retail entity; and
ii. Has no significant impact on the neuromuscular, musculoskeletal, or neuromusculoskeletal functions of the body.
9)
Orthotics means the science and practice of providing or managing the provision of an orthosis based on clinical assessment, technical judgment, and an order from a health care practitioner authorized by law to write an order for an orthosis.
10)
Orthotic assistant means an individual who is licensed under this chapter to assist an orthotist or an orthotist/prosthetist with patient care services and fabrication of orthoses under the supervision of an orthotist or an orthotist/prosthetist.
11)
Orthotic education program means a course of instruction in orthotics:
a. Accredited by the Commission on Accreditation of Allied Health Education Programs; and
b. Approved by the Advisory Board.
12)
Orthotic resident means an individual who has completed an orthotic education program and is continuing his or her clinical education in an orthotic residency program:
a. Accredited by the National Commission on Orthotic and Prosthetic Education; and
b. Approved by the Advisory Board.
13) Orthotic/prosthetic assistant means an individual who is licensed under this chapter to assist both an orthotist and a prosthetist with patient care services and fabrication of prostheses, orthoses, or pedorthic devices under the supervision of an orthotist, an orthotist/prosthetist, or a prosthetist as appropriate.
14)
Orthotist means an individual who is licensed under this chapter to practice orthotics and pedorthics.
15)
Orthotist/prosthetist means an individual who is licensed to practice orthotics, pedorthics, and prosthetics.
16)
Over-the-Counter means a prefabricated, mass-produced device that is prepackaged and requires no professional advice or judgment in either size selection or use, including fabric or elastic supports, corsets, generic arch supports and elastic hoses.
17)
Pedorthic device means therapeutic footwear, foot orthoses for use at the ankle or below, or footwear modified for therapeutic purposes as ordered by a licensed health care practitioner authorized by law to write an order for a pedorthic device. "Pedorthic device" does not include:
a. Nontherapeutic accommodative inlays or nontherapeutic accommodative footwear regardless of method of manufacture;
b. Shoes modified or made for nontherapeutic purposes;
c. Unmodified shoes; or
d. Prefabricated foot care products;.
18)
Pedorthic education program means a course of instruction in pedorthics:
a. Accredited by the American Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.; and
b. Approved by the Advisory Board.
19)
Pedorthics means the science and practice of providing or managing the provision of a pedorthic device based on clinical assessment, technical judgment, and an order from a health care practitioner authorized by law to write an order for a pedorthic device;
20)
Pedorthist means an individual who is licensed under this chapter to practice pedorthics.
21)
Prefabricated device means a mass-produced device that:
a. Is prepackaged, carried in stock, and sold off the shelf or over the counter by a corset shop, department store, drug store, surgical supply facility, or similar retail entity; and
b. Does not require clinical assessment, technical judgment, or therapeutic modification for appropriate use by the customer.
c. "Prefabricated device" may include a cane, a crutch, a corset, an elastic hose, an elastic support, a fabric support, a generic arch support, a low-temperature plastic splint, a soft cervical collar, a truss, or other similar device.
22)
Prosthesis means an external device that is:
a. Intended to replace an absent external body part for the purpose of restoring physiological function or cosmesis to a patient; and
b. Custom-designed, fabricated, assembled, fitted, or adjusted for the patient using the device prior to or concurrent with being delivered to the patient.
c. "Prosthesis" does not include an artificial eye, an artificial ear, a dental appliance, a cosmetic device, such as artificial eyelashes or wigs, an artificial facial device, or other device that does not have a significant impact on the neuromuscular, musculoskeletal, or neuromusculoskeletal functions of the body.
23) Prosthetic assistant means an individual who is licensed under this chapter to assist a prosthetist or orthotist/prosthetist with patient care services and fabrication of prostheses under the supervision of a prosthetist or an orthotist/prosthetist.
24)
Prosthetic education program means a course of instruction in prosthetics:
a. Accredited by the Commission on Accreditation of Allied Health Education Programs; and
b. Approved by the Advisory Board.
25)
Prosthetic resident means an individual who has completed a prosthetic education program and is continuing his or her clinical education in a prosthetic residency program:
a. Accredited by the National Commission on Orthotic and Prosthetic Education; and
b. Approved by the Advisory Board.
26)
Prosthetics means the science and practice of providing or managing the provision of a prosthesis based on clinical assessment, technical judgment, and an order from a health care practitioner authorized to write an order for a prosthesis.
27)
Prosthetist means an individual who is licensed under this chapter to practice prosthetics.
28)
Therapeutic Footwear. The following actions with respect to therapeutic footwear and medical devices for the foot and ankle must be performed by a licensed health care practitioner who is acting within his or her lawful scope of practice:
a. Modifications or additions to the interior or exterior of footwear for therapeutic purposes, including but not limited to heel lifts, outflare heels, Thomas heels, full sole lifts, wedged soles, rocker bottom soles, metatarsal bars, metatarsal raises or inserts that have fillers as part of their construction, toe fillers, and partial foot fillers;
b. Permanent or temporary attachment of an orthosis to the footwear;
c. Addition or modification of a removable or attached therapeutic foot device inside the shoe which was fabricated based on a cast, impression, mold, scan, imprint or tracing;
d. Creation of an image of a person's foot or ankle through the use of a mold, cast, scanning device, digital appliance, tracing, pressure sensitive device or other similar device; and
e. Analysis, evaluation, measurement, assessment, or screening of a foot for the purpose of making a therapeutic recommendation.
SECTION 4:
Restrictions on the Practice of Orthotists, Prosthetists and Pedorthists
1) A licensed orthotist, prosthetist or pedorthist may provide care or services only if the care or services are provided pursuant to an order from a licensed health care practitioner authorized to issue such an order.
2) A licensed orthotist, prosthetist, or pedorthist must provide services from a facility which has appropriate clinical and laboratory space and equipment to allow that licensee to provide orthotic, prosthetic, or pedorthic care.
3) The scope of practice of a licensed orthotist, prosthetist, or pedorthist does not include the right to diagnose a medical problem or condition or the right to give medical advice as to the nature, cause, or treatment for the problem or condition for which the orthosis, prosthesis, or pedorthic device is being dispensed. However, the scope of practice of a licensed orthotist, prosthetist, or pedorthist does include the right to provide information or demonstration or training, regarding the proper use and care of the device and to make adjustments to the device as needed.
4) Assistant orthotist/prosthetist must practice within a one (1) hour radius of the supervising practitioner.
5) A licensed orthotist, prosthetist, or pedorthist may utilize one or more non-licensed persons to assist in the provision of services, but the non-licensed person shall be limited to the performance of minor repairs on devices which have been previously dispensed to a patient.
SECTION 6:
Qualifications for Licensure
1) Orthotist - To qualify for a license to practice orthotics, a person shall:
a. Complete an orthotics education program which is accredited by the Commission on Accreditation of Allied Health Education Programs or its successor organization;
b. Possess a baccalaureate degree or have successfully completed the number of semester hours equivalent to four (4) years of study at a four-year college or university;
c. Successfully complete a clinical NCOPE residency in orthotics; and
d. Successfully complete ABCOPP Certification examination or equivalent as required by the Advisory Board.
2) Prosthetist - To qualify for a license to practice prosthetics, a person shall:
a. Complete a prosthetics education program which is accredited by the Commission on Accreditation of Allied Health Education Programs or its successor organization;
b. Possess a baccalaureate degree or have successfully completed the number of semester hours equivalent to four (4) years of study at a four-year college or university;
c. Successfully complete a clinical NCOPE residency in prosthetics; and
d. Successfully complete ABCOPP Certification examination or equivalent as required by the Advisory Board.
3) Pedorthist - To qualify for a license to practice pedorthics a person shall:
a. Possess a high school diploma or GED;
b. Possess the Certified Pedorthotist credential from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.; and
c. Successfully complete ABCOPP Certification examination or equivalent as required by the Advisory Board.
4) Assistant - An applicant for certification to practice as an orthotic assistant, prosthetic assistant, or orthotic/prosthetic assistant shall submit to the written evidence, verified by oath, that the applicant
a. Possesses a high school diploma or GED;
b. Has a minimum of five (5) years of experience in the field in which the person is seeking licensure as an assistant; and
c. Has written documentation from a licensed prosthetist or a licensed orthotist that the applicant is qualified to perform as an assistant in the field in which the person is seeking licensure as the assistant.
SECTION 7:
Procedures for Licensure
1) An applicant shall obtain a current application packet from the Advisory Board, respond truthfully and completely to every question or request for information contained in the application form, and submit it, along with all documents and fees required, to the Department. It is the intent of this Rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all materials be filed simultaneously.
2) An applicant shall complete the application with the supporting documentation proscribed to the Arkansas Department of Health.
3) An applicant shall disclose the circumstances surrounding any of the following:
a. Conviction of a crime in any country, state, or municipality, except minor traffic violations;
b. The denial of certification or licensure application by any other state or country, or the discipline of the certificate holder or licensee in any state or country;
c. Loss, restriction, or voluntary surrender of certification or licensure privileges; and
d. Any judgment or settlement in a civil suit in which the applicant was a party defendant, including malpractice, unethical conduct, breach of contract, or any other civil action remedy recognized by the country's or state's statutory, common law, or case law.
4) When necessary, all required documents shall be translated into English and such translation, together with the original document, shall be certified as to authenticity by the issuing source. Both versions must be submitted simultaneously.
5) Application review, approval, denial, and interview decisions shall be made by the Advisory Board.
6) The requirement for licensure under these Rules shall not apply to:
A person who is an employee of any bureau, division, or agency of the federal government while in the discharge of the employee's official duties;
a. A student enrolled in an educational program at a college or university which will enable that student to obtain a license to practice orthotics, prosthetics, or pedorthics upon graduation from the program;
b. A resident continuing such resident's clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; and
c. A student in a qualified work experience program or internship in pedorthics.
7) Licensee shall notify the Advisory Board within thirty (30) days of any:
a. Extension of the discipline of practice,
b. Name and address changes.
