SECTION 3:
DEFINITIONS
A.
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.
B.
Advisory Board
or board means the Arkansas Orthotics, Prosthetics and Pedorthics
Advisory Board.
C.
Board for
Certification in Pedorthics has merged and is now known as the American
Board for Certification in Orthotics, Prosthetics, and Pedorthics,
Inc.
D.
Automatic
Licensure means granting the occupational licensure without an
individual having met occupational licensure requirements provided by the rules
of the occupational licensing entity.
E.
Board of Health means the
Arkansas State Board of Health.
F.
Department means the Arkansas Department of Health.
G.
Custom Fabricated and Fitted
Devices.
1. 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.
2. 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.
3. 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.
H.
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.
1. The sale of over-the-counter and
off-the-shelf devices by non-licensed persons is not prohibited by these
rules.
I.
Orthosis means an external device that is:
1. Intended to restore physiological function
or cosmesis to a patient; and
2.
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.
3. 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:
a) 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
b) Has no significant impact on the
neuromuscular, musculoskeletal, or neuromusculoskeletal functions of the
body.
J.
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.
K.
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 or pedorthic devices under the supervision
of an orthotist or an orthotist/prosthetist.
L.
Orthotic education program
means a course of instruction in orthotics:
1.
Accredited by the Commission on Accreditation of Allied Health Education
Programs; and
2. Approved by the
Advisory Board.
M.
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:
1. Accredited
by the National Commission on Orthotic and Prosthetic Education; and
2. Approved by the Advisory Board.
N.
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.
O.
Orthotist means an individual who is licensed under this chapter
to practice orthotics and pedorthics.
P.
Orthotist/prosthetist means
an individual who is licensed to practice orthotics, pedorthics, and
prosthetics.
Q.
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.
R.
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:
1. Nontherapeutic accommodative inlays or
nontherapeutic accommodative footwear regardless of method of
manufacture;
2. Shoes modified or
made for nontherapeutic purposes;
3. Unmodified shoes; or
4. Prefabricated foot care
products;
S.
Pedorthic education program means a course of instruction in
pedorthics:
1. Accredited by the American
Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.;
and
2. Approved by the Advisory
Board.
T.
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;
U.
Pedorthist means an
individual who is licensed under this chapter to practice pedorthics.
V.
Prefabricated device means a
mass-produced device that:
1. 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
2. Does not require
clinical assessment, technical judgment, or therapeutic modification for
appropriate use by the customer.
3.
"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.
W.
Prosthesis means an external device that is:
1. Intended to replace an absent external
body part for the purpose of restoring physiological function or cosmesis to a
patient; and
2. Custom-designed,
fabricated, assembled, fitted, or adjusted for the patient using the device
prior to or concurrent with being delivered to the patient.
3. "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.
X.
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.
Y.
Prosthetic education program
means a course of instruction in prosthetics:
1. Accredited by the Commission on
Accreditation of Allied Health Education Programs; and
2. Approved by the Advisory Board.
Z.
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:
1. Accredited by the
National Commission on Orthotic and Prosthetic Education; and
2. Approved by the Advisory Board.
AA.
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.
BB.
Prosthetist means an
individual who is licensed under this chapter to practice
prosthetics.
CC.
Returning
military veteran means a former member of the United States Armed Forces
who was discharged from active duty under circumstances other than
dishonorable.
DD.
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:
1. 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;
2. Permanent or temporary attachment of an
orthosis to the footwear;
3.
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;
4. 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
5. 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
A. 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.
B. 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.
C.
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.
D. Assistant orthotist/prosthetist must
practice within a one (1) hour radius of the supervising
practitioner.
E. 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
A.
Orthotist - To qualify for a license to practice orthotics, a person shall:
1. Complete an orthotics education program
which is accredited by the Commission on Accreditation of Allied Health
Education Programs or its successor organization;
2. 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;
3. Successfully complete a clinical NCOPE
residency in orthotics; and
4.
Successfully complete one of the following national certification examinations:
a) American Board for Certification in
Orthotics, Prosthetics, and Pedorthics, Inc. ("ABCOPP");
b) Board of Certification/Accreditation
("BOC"); or
c) equivalent as
-determined by the Advisory Board.
B. Prosthetist - To qualify for a license to
practice prosthetics, a person shall:
1.
Complete a prosthetics education program which is accredited by the Commission
on Accreditation of Allied Health Education Programs or its successor
organization;
2. 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;
3. Successfully
complete a clinical NCOPE residency in prosthetics; and
4. Successfully complete one of the following
national certification examinations:
a)
ABCOPP;
b) BOC; or
c) equivalent as determined by the Advisory
Board.
C.
Pedorthist - To qualify for a license to practice pedorthics a person shall:
1. Possess a high school diploma or
GED;
2. Possess the Certified
Pedorthist credential from either ABCOPP or BOC; and
3. Successfully complete one of the following
national certification examinations:
a)
ABCOPP;
b) BOC;
or
c) equivalent as determined by
the Advisory Board.
D. 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
1. Possesses a high
school diploma or GED;
2. Has a
minimum of three (3) years of experience in the field in which the person is
seeking licensure as an assistant; and
3. 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.
E.
Reciprocity. An applicant from another state or jurisdiction qualifies for a
reciprocal license if:
1. The applicant holds
a substantially similar license in another United States jurisdiction. A
license from another state is substantially similar to an Arkansas license if
the other state's licensure qualifications require:
a) Orthotists: items (a-d) in paragraph (1)
above;
b) Prosthetists: items (a-d)
in paragraph (2) above;
c)
Pedorthists: items (a-c) in paragraph (3) above; and
d) Prosthetic assistants: items (a-c) in
paragraph (4) above;
2.
The applicant holds his or her license in good standing;
3. The applicant has not had a license
revoked for:
a) An act of bad faith;
or
b) A violation of law, rule, or
ethics; and
4. The
applicant does not hold a suspended or probationary license in a United States
jurisdiction;
5. The applicant is
competent in orthotics; and
6. The
applicant submits a fully executed application, fee, and the following
documentation:
a) Evidence of current and
active licensure in that state.
b)
Evidence that the other state's qualifications match those in (5)(a);
c) The names of all states in which the
applicant is currently licensed or has been previously licensed;
d) Letters of good standing or other
information from each state in which the applicant is currently or has ever
been licensed showing that the applicant has not had his license revoked for:
1) An act of bad faith; or
2) A violation of law, rule, or
ethics.
F. Military
1. The following individuals are eligible for
immediate licensing consideration based on military service or affiliation:
a) An active duty military service member
stationed in the State of Arkansas;
b) A returning military veteran applying for
licensure within one (1) year of his or her discharge from active duty;
or
c) The spouse of a person under
paragraphs (6)(A)(1) or (6)(A)(2) above.
2. Such applicant shall submit:
a) Payment of the initial licensure
fee;
b) Evidence that the
individual holds a substantially equivalent license in another state;
and
c) Evidence that the applicant:
1) is qualified military under paragraph
(6)(A)(1), (6)(A)(2)
2) or (6)(A)
(3) above; and
3) meets
qualifications under paragraph (5).
G. Pre-Licensure Criminal Background Check
1. Pursuant to Act 990 of 2019, an individual
may petition for a pre-licensure determination of whether the individual's
criminal record will disqualify the individual from licensure and whether a
waiver may be obtained.
2. The
individual must obtain the pre-licensure criminal background check petition
form from the Board.
3. The Board
will respond with a decision in writing to a completed petition within a
reasonable time.
4. The Board's
response will state the reasons for the decision.
5. All decisions of the Board in response to
the petition will be determined by the information provided by the
individual.
6. Any and all
decisions made by the Board in response to a pre-licensure criminal background
check petition are not subject to appeal.
7. The Board will keep and maintain a copy of
the petition and response, which will be reviewed during the formal application
process.
8. Waiver Request
a) If an individual has been convicted of a
crime listed in A.C.A. § 17-3-102(a), the Board may waive disqualification
of a potential applicant or revocation of a license based on the conviction if
a request for a waiver is made by:
1) An
affected applicant for a license; or
2) An individual holding a license subject to
revocation.
b) The Board
may grant a waiver upon consideration of the following, without limitation:
1) The age at which the offense was
committed;
2) The circumstances
surrounding the offense;
3) The
length of time since the offense was committed;
4) Subsequent work history since the offense
was committed;
5) Employment
references since the offense was committed;
6) Character references since the offense was
committed;
7) Relevance of the
offense to the occupational license; and
8) Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
c) A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees. A request for waiver, if made by a licensee,
must be in writing.
d) The Board
will respond with a decision in writing and will state the reasons for the
decision.
e) Appeals under this
section will be subject to the Administrative Procedures Act §
25-15-201 et
seq.
SECTION
7:
PROCEDURES FOR LICENSURE
A. 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.
B. An applicant shall complete the
application with the supporting documentation proscribed to the Arkansas
Department of Health.
C. An
applicant shall disclose the fact of and the circumstances surrounding any of
the following:
1. Conviction of a crime; or
plea of guilty, nolo contendere, or a finding of guilt of a felony listed under
§ 17-3-102 in any country, state, or municipality, except minor traffic
violations;
2. 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;
3. Loss, restriction, or
voluntary surrender of certification or licensure privileges; and
4. 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.
D. 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.
E. Application review, approval, denial, and
interview decisions shall be made by the Advisory Board.
F. 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;
1. 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;
2. A
resident continuing such resident's clinical education in a residency
accredited by the National Commission on Orthotic and Prosthetic Education;
and
3. A student in a qualified
work experience program or internship in pedorthics.
G. Licensee shall notify the Advisory Board
within thirty (30) days of any:
1. Extension
of the discipline of practice,
2.
Name and address changes.
