The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify standards of practice.

DEPARTMENT OF HEALTH
Board of Orthotists and Prosthetists

RULE NO: RULE TITLE
64B14-7.001: Standards of Practice
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify standards of practice.
SUMMARY: The rule amendment will clarify the rule in the practice of prosthetics and orthotics.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 468.802, 468.806 FS.
LAW IMPLEMENTED: 456.013, 456.024, 468.806 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Orthotists and Prosthetists /MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B14-7.001 Standards of Practice.

(1) Pursuant to a licensed physician’s written prescription, the orthotist, prosthetist, resident, intern, pedorthist orthotic fitter or orthotic fitter assistant shall assume the responsibility for assessing the patient, planning the patient’s treatment plan, program and directing the program. No licensee shall implement a prescription that, in the licensee’s judgment, is contraindicated. No change shall be made in the prescription without the authorization of the prescribing physician.

(2) The licensee’s or registrant’s orthotist, prosthetist, or pedorthist’s professional responsibilities include:

(a) through (g) No change.

(h) Prior to rendering services, aAdvising the patient or guardian, in terms which the patient or guardian can understand, of the nature and purpose of the services to be rendered, the nature and purposes of the prescribed device, and the treatment plan, techniques for use and care of an orthosis or prosthesis, and an estimate of delivery time and financial responsibilities.

(i) No change.

(3) Sexual misconduct in the practice of “Orthotics/Prosthetics” by any person licensed under this chapter is prohibited. Sexual misconduct in the practice of orthotics/ prosthetics means exercising influence within the licensee-patient relationship for purposes of engaging a patient in sexual activity.

(4) It is below the standards of practice for any person licensed under this chapter orthotists/prosthetists to practice if they are unable to practice with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics or chemicals, or any other type of material, or as a result of any mental or physical condition.

(5) It is below the standard of practice and prohibited under this section for any person licensed under this chapter to delegate or assign activities, tasks or procedures that fall within the scope of any practice defined in Section 468.80, F.S., to support personnel, without providing direct supervision for the performance of the activites, tasks or procedures. Direct Supervision requires:

(a) The licensed orthotist, prosthetist, orthotist/prosthetist, or pedorthist to provide a physical evaluation of each patient’s orthotic and or prosthetic needs and may delegate appropriate duties to support personnel. However, the licensed practitioner shall physically evaluate the effectiveness, appropriateness and fit of all devices within the scope of the licensed practitioner’s licensure practice requirements, including those repaired devices in which the repairs affect the fit, physical structure or biomechanical function of the device, on every patient, prior to the delivery of the device;

(b) For the purpose of replacement of worn or broken components which do not in any way alter the fit, physical structure or biomechanical functioning of the existing device, direct supervision of support personnel providing repairs to orthoses or prosthesis means the aforementioned repair must be approved by the appropriately licensed practitioner prior to beginning of repairs. The responsible licensed practitioner must at all times be accessible by two way communication, enabling the supervisor to respond to questions relating to the repair.

Rulemaking Specific Authority 468.802 FS. Law Implemented 456.063(1), 456.072(1)(o), (u), 468.802, 468.808 FS. History–New 7-1-98, Amended 10-24-04, 1-16-06,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Orthotists and Prosthetists
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Orthotists and Prosthetists
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 20, 2009