House
Study
Bill
34
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
relating
to
the
licensure
of
orthotists,
prosthetists,
1
and
pedorthists
and
providing
for
fees
and
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1582YC
(4)
84
jr/nh
H.F.
_____
Section
1.
Section
147.1,
subsections
3
and
6,
Code
2011,
1
are
amended
to
read
as
follows:
2
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
3
and
surgeon,
podiatric
physician,
osteopathic
physician
and
4
surgeon,
physician
assistant,
psychologist,
chiropractor,
5
nurse,
dentist,
dental
hygienist,
dental
assistant,
6
optometrist,
speech
pathologist,
audiologist,
pharmacist,
7
physical
therapist,
physical
therapist
assistant,
occupational
8
therapist,
occupational
therapy
assistant,
orthotist,
9
prosthetist,
pedorthist,
respiratory
care
practitioner,
10
practitioner
of
cosmetology
arts
and
sciences,
practitioner
11
of
barbering,
funeral
director,
dietitian,
marital
and
12
family
therapist,
mental
health
counselor,
social
worker,
13
massage
therapist,
athletic
trainer,
acupuncturist,
nursing
14
home
administrator,
hearing
aid
dispenser,
or
sign
language
15
interpreter
or
transliterator
means
a
person
licensed
under
16
this
subtitle.
17
6.
“Profession”
means
medicine
and
surgery,
podiatry,
18
osteopathic
medicine
and
surgery,
practice
as
a
physician
19
assistant,
psychology,
chiropractic,
nursing,
dentistry,
20
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
21
audiology,
pharmacy,
physical
therapy,
physical
therapist
22
assisting,
occupational
therapy,
occupational
therapy
23
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
24
barbering,
mortuary
science,
marital
and
family
therapy,
mental
25
health
counseling,
social
work,
dietetics,
massage
therapy,
26
athletic
training,
acupuncture,
nursing
home
administration,
27
hearing
aid
dispensing,
or
sign
language
interpreting
or
28
transliterating
,
orthotics,
prosthetics,
or
pedorthics
.
29
Sec.
2.
Section
147.2,
subsection
1,
Code
2011,
is
amended
30
to
read
as
follows:
31
1.
A
person
shall
not
engage
in
the
practice
of
medicine
32
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
33
psychology,
chiropractic,
physical
therapy,
physical
34
therapist
assisting,
nursing,
dentistry,
dental
hygiene,
35
-1-
LSB
1582YC
(4)
84
jr/nh
1/
9
H.F.
_____
dental
assisting,
optometry,
speech
pathology,
audiology,
1
occupational
therapy,
occupational
therapy
assisting,
2
orthotics,
prosthetics,
pedorthics,
respiratory
care,
3
pharmacy,
cosmetology
arts
and
sciences,
barbering,
social
4
work,
dietetics,
marital
and
family
therapy
or
mental
health
5
counseling,
massage
therapy,
mortuary
science,
athletic
6
training,
acupuncture,
nursing
home
administration,
hearing
aid
7
dispensing,
or
sign
language
interpreting
or
transliterating,
8
or
shall
not
practice
as
a
physician
assistant,
unless
the
9
person
has
obtained
a
license
for
that
purpose
from
the
board
10
for
the
profession.
11
Sec.
3.
Section
147.13,
Code
2011,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
24.
For
orthotics,
prosthetics,
and
14
pedorthics,
the
board
of
orthotics,
prosthetics,
and
15
pedorthics.
16
Sec.
4.
Section
147.14,
subsection
1,
Code
2011,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
x.
For
the
board
of
orthotics,
prosthetics,
19
and
pedorthics,
three
persons
licensed
to
practice
orthotics,
20
prosthetics,
or
pedorthics
who
have
engaged
in
the
practice
21
of
orthotics,
prosthetics,
or
pedorthics
in
Iowa
for
at
least
22
three
years
immediately
preceding
their
appointment
to
the
23
board
and
two
members
who
are
not
licensed
to
practice
and
who
24
shall
represent
the
general
public.
25
Sec.
5.
Section
147.74,
Code
2011,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
24.
a.
An
orthotist
licensed
under
chapter
28
148F
may
use
the
words
“licensed
orthotist”
after
the
person’s
29
name
or
signify
the
same
by
the
use
of
the
letters
“L.O.”
after
30
the
person’s
name.
31
b.
A
pedorthist
licensed
under
chapter
148F
may
use
the
32
words
“licensed
pedorthist”
after
the
person’s
name
or
signify
33
the
same
by
the
use
of
the
letters
“L.ped.”
after
the
person’s
34
name.
35
-2-
LSB
1582YC
(4)
84
jr/nh
2/
9
H.F.
_____
c.
A
prosthetist
licensed
under
chapter
148F
may
use
the
1
words
“licensed
prosthetist”
after
the
person’s
name
or
signify
2
the
same
by
the
use
of
the
letters
“L.P.”
after
the
person’s
3
name.
4
Sec.
6.
NEW
SECTION
.
148F.1
Title
and
purpose.
5
1.
This
chapter
may
be
cited
and
referred
to
as
the
6
“Orthotics,
Prosthetics,
and
Pedorthics
Practice
Act”
.
7
2.
The
purpose
of
this
chapter
is
to
provide
for
the
8
regulation
of
persons
offering
orthotic,
prosthetic,
and
9
pedorthic
services
to
the
public
in
order
to
safeguard
the
10
public
health,
safety,
and
welfare.
11
Sec.
7.
NEW
SECTION
.
148F.2
Definitions.
12
As
used
in
this
chapter:
13
1.
“Board”
means
the
board
of
orthotics,
prosthetics,
and
14
pedorthics.
15
2.
“Orthotic
and
prosthetic
scope
of
practice”
means
a
16
list
of
tasks,
with
relative
weight
given
to
such
factors
17
as
importance,
criticality,
and
frequency,
based
on
18
internationally
accepted
standards
of
orthotic
and
prosthetic
19
care
as
outlined
by
the
international
society
of
prosthetics
20
and
orthotics’
professional
profile
for
category
I
and
category
21
III
orthotic
and
prosthetic
personnel.
22
3.
“Orthotics”
means
the
science
and
practice
of
evaluating,
23
measuring,
designing,
fabricating,
assembling,
fitting,
24
adjusting,
or
servicing
an
orthosis
under
an
order
from
a
25
licensed
physician
or
podiatric
physician
for
the
correction
or
26
alleviation
of
neuromuscular
or
musculoskeletal
dysfunction,
27
disease,
injury,
or
deformity.
28
4.
“Orthotist”
means
a
health
care
professional,
29
specifically
educated
and
trained
in
orthotic
patient
care,
30
who
measures,
designs,
fabricates,
fits,
or
services
orthoses
31
and
may
assist
in
the
formulation
of
the
order
and
treatment
32
plan
of
orthoses
for
the
support
or
correction
of
disabilities
33
caused
by
neuromusculoskeletal
diseases,
injuries,
or
34
deformities.
35
-3-
LSB
1582YC
(4)
84
jr/nh
3/
9
H.F.
_____
5.
“Pedorthic
scope
of
practice”
means
a
list
of
tasks
1
with
relative
weight
given
to
such
factors
as
importance,
2
criticality,
and
frequency
based
on
nationally
accepted
3
standards
of
pedorthic
care
as
outlined
by
the
national
4
commission
on
orthotic
and
prosthetic
education
comprehensive
5
analysis
with
an
empirical
validation
study
of
the
profession
6
performed
by
an
independent
testing
company.
7
6.
“Pedorthics”
means
the
science
and
practice
of
8
evaluating,
measuring,
designing,
fabricating,
assembling,
9
fitting,
adjusting,
or
servicing
a
pedorthic
device
under
an
10
order
from
a
licensed
physician
or
podiatric
physician
for
the
11
correction
or
alleviation
of
neuromuscular
or
musculoskeletal
12
dysfunction,
disease,
injury,
or
deformity.
13
7.
“Pedorthist”
means
a
health
care
professional,
14
specifically
educated
and
trained
in
pedorthic
patient
15
care,
who
measures,
designs,
fabricates,
fits,
or
services
16
pedorthic
devices
and
may
assist
in
the
formulation
of
the
17
order
and
treatment
plan
of
pedorthic
devices
for
the
support
18
or
correction
of
disabilities
caused
by
neuromusculoskeletal
19
diseases,
injuries,
or
deformities.
20
8.
“Prosthesis”
means
an
artificial
medical
device
that
21
is
not
surgically
implanted
and
that
is
used
to
replace
a
22
missing
limb,
appendage,
or
any
other
external
human
body
part
23
including
an
artificial
limb,
hand,
or
foot.
“Prosthesis”
24
does
not
include
artificial
eyes,
ears,
fingers,
or
toes,
25
dental
appliances,
cosmetic
devices
such
as
artificial
breasts,
26
eyelashes,
or
wigs,
or
other
devices
that
do
not
have
a
27
significant
impact
on
the
musculoskeletal
functions
of
the
28
body.
29
9.
“Prosthetics”
means
the
science
and
practice
of
30
evaluating,
measuring,
designing,
fabricating,
assembling,
31
fitting,
adjusting,
or
servicing
a
prosthesis
under
an
order
32
from
a
licensed
physician.
33
10.
“Prosthetist”
means
a
health
care
professional,
34
specifically
educated
and
trained
in
prosthetic
patient
care,
35
-4-
LSB
1582YC
(4)
84
jr/nh
4/
9
H.F.
_____
who
measures,
designs,
fabricates,
fits,
or
services
prostheses
1
and
may
assist
in
the
formulation
of
the
order
and
treatment
2
plan
of
prostheses
for
the
replacement
of
external
parts
of
the
3
human
body
lost
due
to
amputation
or
congenital
deformities
or
4
absences.
5
Sec.
8.
NEW
SECTION
.
148F.3
Duties
of
the
board.
6
The
board
shall
administer
this
chapter.
The
board’s
duties
7
shall
include
but
are
not
limited
to
the
following:
8
1.
Adoption
of
rules
to
administer
and
interpret
this
9
chapter,
chapter
147,
and
chapter
272C
with
respect
to
the
10
education
and
licensing
of
orthotists,
prosthetists,
and
11
pedorthists.
12
2.
Adoption
of
rules
to
establish
accepted
standards
of
13
orthotic
and
prosthetic
scope
of
practice.
14
3.
Adoption
of
rules
relating
to
professional
conduct
and
15
licensing
and
the
establishment
of
ethical
and
professional
16
standards
of
practice.
17
4.
Acting
on
matters
concerning
licensure
and
the
process
18
of
applying
for,
granting,
suspending,
imposing
supervisory
19
or
probationary
conditions
upon,
reinstating,
revoking,
or
20
renewing
a
license.
21
5.
Establishing
and
collecting
licensure
fees
as
provided
22
in
section
147.80.
23
6.
Developing
continuing
education
requirements
as
a
24
condition
of
license
renewal.
25
7.
Evaluating
requirements
for
licensure
in
other
states
to
26
determine
if
reciprocity
may
be
granted.
27
Sec.
9.
NEW
SECTION
.
148F.4
Persons
and
practices
not
28
affected.
29
This
chapter
does
not
prevent
or
restrict
the
practice,
30
services,
or
activities
of
any
of
the
following:
31
1.
A
person
licensed
in
this
state
by
any
other
law
from
32
engaging
in
the
profession
or
occupation
for
which
the
person
33
is
licensed.
34
2.
A
person
employed
as
an
orthotics,
prosthetics,
or
35
-5-
LSB
1582YC
(4)
84
jr/nh
5/
9
H.F.
_____
pedorthics
practitioner
by
the
government
of
the
United
States
1
if
that
person
practices
solely
under
the
direction
or
control
2
of
the
organization
by
which
the
person
is
employed.
3
3.
A
person
pursuing
a
course
of
study
leading
to
a
degree
4
or
certificate
in
recreational
therapy
in
an
educational
5
program
accredited
or
approved
according
to
rules
adopted
by
6
the
board,
if
the
activities
and
services
constitute
a
part
of
7
a
supervised
course
of
study
and
the
person
is
designated
by
a
8
title
which
clearly
indicates
the
person’s
status
as
a
student
9
or
trainee.
10
Sec.
10.
NEW
SECTION
.
148F.5
Qualifications
for
licensure
11
as
orthotist,
prosthetist,
or
pedorthist.
12
1.
To
qualify
for
a
license
to
practice
orthotics
or
13
prosthetics,
a
person
shall
meet
the
following
requirements:
14
a.
Possess
a
baccalaureate
degree
from
a
college
or
15
university.
16
b.
Have
completed
the
amount
of
formal
training
including
17
but
not
limited
to
any
hours
of
classroom
education
and
18
clinical
practice
established
and
approved
by
the
board.
19
c.
Complete
a
clinical
residency
in
the
professional
area
20
for
which
a
license
is
sought
in
accordance
with
standards,
21
guidelines,
or
procedures
for
residencies
established
and
22
approved
by
the
board.
The
majority
of
training
must
be
23
devoted
to
services
performed
under
the
supervision
of
a
24
licensed
practitioner
of
orthotics
or
prosthetics
or
a
person
25
certified
as
a
certified
orthotist,
certified
prosthetist,
26
or
certified
prosthetist
orthotist
whose
practice
is
located
27
outside
the
state.
28
d.
Pass
all
written,
practical,
and
oral
examinations
that
29
are
required
and
approved
by
the
board.
30
e.
Be
qualified
to
practice
in
accordance
with
accepted
31
standards
of
orthotic
and
prosthetic
care
as
established
by
the
32
board.
33
2.
To
qualify
for
a
license
to
practice
pedorthics,
a
person
34
shall
meet
the
following
requirements:
35
-6-
LSB
1582YC
(4)
84
jr/nh
6/
9
H.F.
_____
a.
Submit
proof
of
a
high
school
diploma
or
its
equivalent.
1
b.
Have
completed
the
amount
of
formal
training
including
2
but
not
limited
to
any
hours
of
classroom
education
and
3
clinical
practice
established
and
approved
by
the
board.
4
c.
Complete
a
qualified
work
experience
program
or
5
internship
in
pedorthics
that
has
a
minimum
of
one
thousand
6
hours
of
pedorthic
patient
care
experience
in
accordance
7
with
any
standards,
guidelines,
or
procedures
established
8
and
approved
by
the
board.
The
majority
of
training
must
9
be
devoted
to
services
performed
under
the
supervision
of
a
10
licensed
practitioner
of
pedorthics
or
a
person
certified
as
11
a
certified
pedorthist
whose
practice
is
located
outside
the
12
state.
13
d.
Pass
all
examinations
that
are
required
and
approved
by
14
the
board.
15
e.
Be
qualified
to
practice
in
accordance
with
accepted
16
standards
of
pedorthic
care
as
established
by
the
board.
17
3.
The
standards
and
requirements
for
licensure
established
18
by
the
board
shall
be
substantially
equal
to
or
in
excess
of
19
standards
commonly
accepted
in
the
professions
of
orthotics,
20
prosthetics,
or
pedorthics,
as
applicable.
The
board
shall
21
adopt
rules
as
necessary
to
set
the
standards
and
requirements.
22
4.
A
person
may
be
licensed
in
more
than
one
discipline.
23
Sec.
11.
NEW
SECTION
.
148F.6
Assistants
and
technicians.
24
1.
a.
A
person
shall
not
work
as
an
assistant
to
an
25
orthotist
or
prosthetist
or
provide
patient
care
services
or
26
fabrication
of
orthoses
or
prostheses,
unless
the
work
is
27
performed
under
the
supervision
of
a
licensed
orthotist
or
28
prosthetist.
29
b.
An
assistant
may
perform
orthotic
or
prosthetic
30
procedures
and
related
tasks
in
the
management
of
patient
care.
31
An
assistant
may
also
fabricate,
repair,
and
maintain
orthoses
32
and
prostheses.
33
2.
a.
A
person
shall
not
work
as
a
technician
unless
34
the
work
is
performed
under
the
supervision
of
a
licensed
35
-7-
LSB
1582YC
(4)
84
jr/nh
7/
9
H.F.
_____
orthotist,
prosthetist,
or
pedorthist.
1
b.
A
technician
may
assist
a
person
licensed
under
this
2
chapter
with
fabrication
of
orthoses,
prostheses,
or
pedorthic
3
devices
but
does
not
provide
direct
patient
care.
4
Sec.
12.
NEW
SECTION
.
148F.7
Limitation
on
provision
of
5
care
and
services.
6
A
licensed
orthotist,
prosthetist,
or
pedorthist
may
provide
7
care
or
services
only
if
the
care
or
services
are
provided
8
pursuant
to
an
order
from
a
licensed
physician,
a
licensed
9
podiatric
physician,
an
advanced
registered
nurse
practitioner
10
who
has
a
written
collaborative
agreement
with
a
collaborating
11
physician
or
podiatric
physician
that
specifically
authorizes
12
ordering
the
services
of
an
orthotist,
prosthetist,
or
13
pedorthist,
an
advanced
registered
nurse
practitioner
who
14
practices
in
a
hospital
or
ambulatory
surgical
treatment
center
15
and
possesses
clinical
privileges
to
order
services
of
an
16
orthotist,
prosthetist,
or
pedorthist,
or
a
physician
assistant
17
who
has
been
delegated
the
authority
to
order
the
services
of
18
an
orthotist,
prosthetist,
or
pedorthist
by
the
assistant’s
19
supervising
physician.
A
licensed
podiatric
physician
or
an
20
advanced
registered
nurse
practitioner
collaborating
with
a
21
podiatric
physician
may
only
order
care
or
services
concerning
22
the
foot
from
a
licensed
prosthetist.
23
Sec.
13.
Section
272C.1,
subsection
6,
Code
2011,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
ag.
The
board
of
orthotics,
prosthetics,
and
26
pedorthics,
created
pursuant
to
chapter
147.
27
Sec.
14.
INITIAL
BOARD.
The
initial
members
of
the
board
of
28
orthotics,
prosthetics,
and
pedorthics
established
pursuant
to
29
this
Act
shall
be
appointed
to
the
following
terms:
30
1.
Two
professional
members
eligible
for
licensure
and
one
31
public
member
shall
be
appointed
for
a
term
of
two
years.
32
2.
One
professional
member
eligible
for
licensure
and
one
33
public
member
shall
be
appointed
for
a
term
of
one
year.
34
EXPLANATION
35
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H.F.
_____
This
bill
creates
new
Code
chapter
148F
that
requires
1
the
licensure
of
persons
offering
orthotic,
prosthetic,
or
2
pedorthic
services.
The
bill
provides
for
the
establishment
of
3
a
five-member
licensing
board
consisting
of
three
professional
4
members
and
two
members
who
represent
the
general
public.
5
The
bill
provides
for
fees
to
fund
the
board
and
provides
6
penalties
for
violation
of
the
practice
requirement.
The
7
penalties,
including
criminal
penalties,
are
set
out
for
all
8
health-related
boards
in
Code
chapters
147
and
272C.
The
board
9
is
similar
in
composition
and
responsibilities
to
the
other
10
health-related
licensing
boards.
11
Orthotics
is
the
science
and
practice
of
evaluating,
12
measuring,
designing,
fabricating,
assembling,
fitting,
13
adjusting,
or
servicing
a
custom-fabricated
or
custom-fitted
14
brace
or
support
for
the
correction
or
alleviation
of
15
neuromuscular
or
musculoskeletal
dysfunction,
disease,
injury,
16
or
deformity.
17
Pedorthics
is
the
science
and
practice
of
evaluating,
18
measuring,
designing,
fabricating,
assembling,
fitting,
19
adjusting,
or
servicing
a
specially
designed
shoe
or
shoe
20
insert
for
the
correction
or
alleviation
of
neuromuscular
or
21
musculoskeletal
dysfunction,
disease,
injury,
or
deformity.
22
Prosthetics
is
the
science
and
practice
of
evaluating,
23
measuring,
designing,
fabricating,
assembling,
fitting,
24
adjusting,
or
servicing
an
artificial
medical
device
that
is
25
not
surgically
implanted
and
that
is
used
to
replace
a
missing
26
limb,
appendage,
or
any
other
external
human
body
part.
27
The
bill
provides
qualifications
for
licensure
as
an
28
orthotist,
prosthetist,
or
pedorthist
and
requirements
for
29
assistants
and
technicians
to
be
supervised
by
such
licensees.
30
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