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S.F. No. 1368 - Orthotics, Prosthetics, and Pedorthics (Third Engrossment)
Author: Senator Jim Carlson
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Date: April 7, 2016


SF 1368 establishes licensure for orthotists, prosthetists, prosthetist orthotists, pedorthists, orthotic or prosthetic assistants, and orthotic fitters.

Section 1 (153B.10) permits chapter 153B to be cited as the Orthotics, Prosthetics, and Pedorthics Practice Act.

Section 2 (153B.15) defines the following terms:  advisory council; board; custom-fabricated device; licensed assistant; licensed orthotic fitter; licensed orthotist;  licensed pedorthists; licensed prosthetist; licensed prosthetist orthotist; NCOPE; orthosis; orthotics; over the counter; off the shelf; pedorthic device; pedorthics; prescription; prosthesis; prosthetics; resident; residency; supervisor.

Section 3 (153B.20) specifies the exceptions to this chapter.

Section 4 (153B.25) establishes an advisory council.

Section 5 (153B.30) establishes licensure requirements.

Subdivision 1 requires the licensure application to be submitted to the Board of Podiatric Medicine.

Subdivision 2 establishes licensure requirements for each of the following: orthotist, prosthetist, prosthetist orthotist, a pedorthist, an orthotic or prosthetic assistant, and an orthotic fitter.

Subdivision 3 states that the term of a license is for two years beginning on January 1 or beginning after initially fulfilling the licemse requirements and ending on December 31 of the following year.

Section 6 (153B.35) permits a licensed orthotist, pedorthist, assistant, or orthotic fitter to provide limited supervised patient care services beyond their scope of practice if (1) the licensee is employed by a patient care facility that is accredited by a national accrediting organization; (2) written objective criteria are documented by the facility that describes the knowledge and skill required by the licensee to demonstrate competency; and (3) the licensee provides patient care only at the direction of a supervisor who is licensed and employed by the facility; and (4) the supervised patient care occurs in compliance with facility accreditation standards.

Section 7 (153B.40) establishes the continuing education requirements.

Section 8 (153B.45) establishes licensure renewal requirements.

Section 9 (153B.50) requires a licensee to inform the board of a name or address change.

Section 10 (153B.55) permits a licensee to put the license on inactive status.

Section 11 (153B.60) permits a licensee who’s license has expired while on active military duty or while in training or education preliminary to induction in the military to have the license renewed or restored without paying a late fee or license restoration fee.

Section 12 (153B.65) authorizes the board to license without examination and on payment of the required fee an applicant  who is certified  from an organization with educational, experiential, and testing standards that are equal to or higher than the licensing requirements in Minnesota.

Section 13 (153B.70) establishes grounds for disciplinary action.

Section 14 (153B.75) authorizes the board to investigate alleged violations, conduct hearings, and impose corrective or disciplinary action.

Section 15 (153B.80) Effective January 1, 2018, a person is prohibited from practicing or representing oneself as an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter without a license and is guilty of a misdemeanor.  Gives the board authority to seek a cease and desist order against any person engaged in unlicensed practice.

Section 16 (153B.85) establishes fees.

Section 17 requires the Board of Pediatric Medicine to make its first appointments to the Orthotics, Prosthetics, and Pedorthics Advisory Council by September 1, 2016.

Section 18 establishes an effective date of July 1, 2016.


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