PRINTER'S NO. 426
No. 401 Session of 2005
INTRODUCED BY SCAVELLO, THOMAS, FORCIER, BALDWIN, BASTIAN,
BEBKO-JONES, BELFANTI, CALTAGIRONE, CRAHALLA, CREIGHTON,
CRUZ, DALEY, DALLY, GEORGE, GERGELY, HENNESSEY, LEDERER,
MILLARD, O'NEILL, PICKETT, E. Z. TAYLOR, TIGUE AND
YOUNGBLOOD, FEBRUARY 9, 2005
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 9, 2005
AN ACT
1 Establishing the State Board of Orthotics, Prosthetics and
2 Pedorthics; providing for licensure of orthotists,
3 prosthetists and pedorthists and for discipline for practice
4 without a license; authorizing investigations and hearings by
5 Department of State; imposing criminal penalties; and
6 providing for the adoption of rules and regulations.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Declaration of public policy.
10 Section 3. Definitions.
11 Section 4. Exemptions.
12 Section 5. State Board of Orthotics, Prosthetics and
13 Pedorthics.
14 Section 6. Application for original license.
15 Section 7. Qualifications for licensure as orthotist,
16 prosthetist or pedorthist.
17 Section 8. Examinations.
18 Section 9. Assistants; technicians.
1 Section 10. License requirements and transition period.
2 Section 11. Limitation on provision of care and services.
3 Section 12. Renewal and reinstatement of license; military
4 service.
5 Section 13. Inactive status.
6 Section 14. Endorsement.
7 Section 15. Roster of licensees and registrants.
8 Section 16. Grounds for discipline.
9 Section 17. Investigations; notice and hearing.
10 Section 18. Transcript.
11 Section 19. Board findings and recommendations.
12 Section 20. Motion for rehearing.
13 Section 21. Rehearing on order of secretary.
14 Section 22. Appointment of hearing officer.
15 Section 23. Restoration of suspended or revoked license.
16 Section 24. Surrender of license.
17 Section 25. Temporary suspension of license.
18 Section 26. Criminal penalties.
19 Section 27. Rules and regulations.
20 Section 28. Effective date.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Short title.
24 This act shall be known and may be cited as the Orthotics,
25 Prosthetics and Pedorthics Practice Act.
26 Section 2. Declaration of public policy.
27 The practice of orthotics and prosthetics in this
28 Commonwealth is an allied health profession recognized by the
29 American Medical Association, with educational standards
30 established by the Commission on Accreditation of Allied Health
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1 Education Programs. The practice of pedorthics in this
2 Commonwealth is an allied health profession recognized by the
3 American Academy of Orthopedic Surgeons, with educational
4 standards established by the Board for Certification in
5 Pedorthics. The increasing population of elderly and physically
6 challenged individuals who need orthotic, prosthetic and
7 pedorthic services requires that the orthotic, prosthetic and
8 pedorthic professions be regulated to ensure the provision of
9 high-quality services and devices. The citizens of this
10 Commonwealth deserve the best care available and will benefit
11 from the assurance of initial and ongoing professional
12 competence of the orthotists, prosthetists and pedorthists
13 practicing in this Commonwealth. The practice of orthotics,
14 prosthetics and pedorthics serves to improve and enhance the
15 lives of individuals with disabilities by enabling them to
16 resume productive lives following serious illness, injury or
17 trauma. Unregulated dispensing of orthotic, prosthetic and
18 pedorthic care does not adequately meet the needs or serve the
19 interests of the public. In keeping with State requirements
20 imposed on similar health disciplines, licensure of the
21 orthotic, prosthetic and pedorthic professions will help ensure
22 the health and safety of consumers and maximize their functional
23 abilities and productivity levels.
24 Section 3. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Assistant." A person who assists an orthotist, prosthetist
29 or prosthetist/orthotist with patient care services and
30 fabrication of orthoses or prostheses under the supervision of a
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1 licensed orthotist or prosthetist.
2 "Board." State Board of Orthotics, Prosthetics and
3 Pedorthics.
4 "Custom-fabricated device." An orthosis, prosthesis or
5 pedorthic device that is fabricated to original measurements or
6 a mold for use by a patient in accordance with a prescription
7 and which requires substantial clinical and technical judgment
8 in its design and fitting.
9 "Custom-fitted device." A prefabricated orthosis, prosthesis
10 or pedorthic device that is sized or modified for use by the
11 patient in accordance with a prescription and which requires
12 substantial clinical judgment and substantive alteration for
13 appropriate use.
14 "Department." The Department of State of the Commonwealth.
15 "Education program."
16 (1) As relates to prosthetics and orthotics, a course of
17 instruction accredited by the Commission on Accreditation of
18 Allied Health Education Programs, consisting of all of the
19 following:
20 (i) A basic curriculum of college-level instruction
21 in math, physics, biology, chemistry and psychology.
22 (ii) A specific curriculum in orthotic or prosthetic
23 courses, including the following:
24 (A) Lectures covering pertinent anatomy,
25 biomechanics, pathomechanics, prosthetic-orthotic
26 components and materials, training and functional
27 capabilities, prosthetic or orthotic performance
28 evaluation, prescription considerations, etiology of
29 amputations and disease processes necessitating
30 prosthetic or orthotic use and medical management.
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1 (B) Subject matter related to pediatric and
2 geriatric problems.
3 (C) Instruction in acute care techniques, such
4 as immediate and early postsurgical prosthetics and
5 fracture-bracing techniques.
6 (D) Lectures, demonstrations and laboratory
7 experiences related to the entire process of
8 measuring, casting, fitting, fabricating, aligning
9 and completing prostheses or orthoses.
10 (2) As relates to pedorthics, a course of instruction
11 accredited by the Board of Certification in Pedorthics
12 consisting of the following:
13 (i) A basic curriculum of instruction in foot-
14 related pathology of diseases, anatomy and biomechanics.
15 (ii) A specific curriculum in pedorthic courses,
16 including lectures covering shoes, foot orthoses and shoe
17 modifications, pedorthic components and materials,
18 training and functional capabilities, pedorthic
19 performance evaluation, prescription considerations,
20 etiology of disease processes necessitating use of
21 pedorthic devices, medical management, subject matter
22 related to pediatric and geriatric problems and lectures,
23 demonstrations and laboratory experiences related to the
24 entire process of measuring and casting, fitting,
25 fabricating, aligning and completing pedorthic devices.
26 "Facility." The business location where orthotic, prosthetic
27 or pedorthic care is provided and, in the case of an
28 prosthetic/orthotic facility, has the appropriate clinical and
29 laboratory space and equipment to provide comprehensive orthotic
30 or prosthetic care and, in the case of a pedorthic facility, has
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1 the appropriate clinical space and equipment to provide
2 pedorthic care.
3 "Licensed orthotist." A person licensed under this act to
4 practice orthotics and who represents himself or herself to the
5 public by title or description of services that include the term
6 "orthotic," "orthotist," "brace" or similar title or description
7 of services.
8 "Licensed pedorthist." A person licensed under this act to
9 practice pedorthics and who represents himself or herself to the
10 public by the title or description of services that include the
11 term "pedorthic," "pedorthist" or a similar title or description
12 of services.
13 "Licensed prosthetist." A person licensed under this act to
14 practice prosthetics and who represents himself or herself to
15 the public by title or description of services that include the
16 term "prosthetic," "prosthetist," "artificial limb" or a similar
17 title or description of services.
18 "Orthosis." A custom-fabricated or custom-fitted brace or
19 support designed to provide for alignment, correction or
20 prevention of neuromuscular or musculoskeletal dysfunction,
21 disease, injury or deformity. The term does not include fabric
22 or elastic supports, corsets, arch supports, low-temperature
23 plastic splints, trusses, elastic hoses, canes, crutches, soft
24 cervical collars, dental appliances or other similar devices
25 carried in stock and sold as over-the-counter items by a drug
26 store, department store, corset shop or surgical supply
27 facility.
28 "Orthotics." The science and practice of evaluating,
29 measuring, designing, fabricating, assembling, fitting,
30 adjusting or servicing an orthosis under an order from a
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1 licensed physician or podiatrist for the correction or
2 alleviation of neuromuscular or musculoskeletal dysfunction,
3 disease, injury or deformity.
4 "Orthotist." A person who measures, designs, fabricates,
5 fits or services orthoses and assists in the formulation of the
6 order of orthoses as ordered by a licensed physician or
7 podiatrist for the support or correction of disabilities caused
8 by neuromuscular or musculoskeletal dysfunctions, diseases,
9 injuries or deformities.
10 "Over-the-counter." A prefabricated, mass-produced item that
11 is prepackaged and requires no professional advice or judgment
12 in either size selection or use, including fabric or elastic
13 supports, corsets, generic arch supports and elastic hoses.
14 "Pedorthic device." Therapeutic footwear, foot orthoses for
15 use at the ankle or below and modified footwear made for
16 therapeutic purposes. The term does not include nontherapeutic
17 accommodative inlays or nontherapeutic accommodative footwear,
18 regardless of method of manufacture, shoe modifications made for
19 nontherapeutic purposes, unmodified, over-the-counter shoes or
20 prefabricated foot care products.
21 "Pedorthics." The science and practice of evaluating,
22 measuring, designing, fabricating, assembling, fitting,
23 adjusting or servicing a pedorthic device under an order from a
24 licensed physician or podiatrist for the correction or
25 alleviation of neuromuscular or musculoskeletal dysfunction,
26 disease, injury or deformity.
27 "Pedorthist." A person who measures, designs, fabricates,
28 fits or services pedorthic devices and assists in the
29 formulation of the order of pedorthic devices as ordered by a
30 licensed physician or podiatrist for the support or correction
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1 of disabilities caused by neuromuscular or musculoskeletal
2 dysfunctions, diseases, injuries or deformities.
3 "Prostheses." A custom-designed, custom-fabricated, custom-
4 fitted or custom-modified device to replace an absent external
5 limb for purposes of restoring physiological function or
6 cosmesis. The term does not include artificial eyes, ears,
7 fingers or toes, dental appliances, cosmetic devices such as
8 artificial breasts, eyelashes or wigs or other devices that do
9 not have a significant impact on the musculoskeletal functions
10 of the body.
11 "Prosthetics." The science and practice of evaluating,
12 measuring, designing, fabricating, assembling, fitting,
13 adjusting or servicing a prosthesis under an order from a
14 licensed physician.
15 "Prosthetist." A person who measures, designs, fabricates,
16 fits or services prostheses and assists in the formulation of
17 the order of prostheses as ordered by a licensed physician for
18 the replacement of external parts of the human body lost due to
19 amputation or congenital deformities or absences.
20 "Prosthetist/orthotist." A person who practices both
21 prosthetics and orthotics and who represents himself or herself
22 to the public by title or by description of services.
23 "Resident." A person who has completed an education program
24 in either orthotics or prosthetics and is continuing clinical
25 education in a residency accredited by the National Commission
26 on Orthotic and Prosthetic Education.
27 "Scope of practice."
28 (1) As relates to prosthetics and orthotics, list of
29 tasks, with relative weight given to such factors as
30 importance, criticality and frequency, based on
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1 internationally accepted standards of orthotic and prosthetic
2 care as outlined by the International Society for Prosthetics
3 and Orthotics' professional profile for Category I and
4 Category III orthotic and prosthetic personnel.
5 (2) As relates to pedorthics, a list of tasks with
6 relative weight given to such factors as importance,
7 criticality and frequency based on nationally accepted
8 standards of pedorthic care as outlined by the Board for
9 Certification in Pedorthics' comprehensive analysis with an
10 empirical validation study of the profession performed by an
11 independent testing company.
12 "Secretary." The Secretary of State of the Commonwealth.
13 "Technician." A person who assists an orthotist,
14 prosthetist, prosthetist/orthotist, or pedorthist with
15 fabrication of orthoses, prostheses or pedorthic devices but
16 does not provide direct patient care.
17 Section 4. Exemptions.
18 This act shall not be construed to prohibit any of the
19 following:
20 (1) A physician licensed in this Commonwealth from
21 engaging in the practice in which the physician is licensed.
22 (2) The practice of orthotics, prosthetics or pedorthics
23 by a person who is employed by the Federal Government while
24 in the discharge of the employee's official duties.
25 (3) The practice of orthotics, prosthetics or pedorthics
26 by:
27 (i) A student enrolled in a school of orthotics,
28 prosthetics or pedorthics.
29 (ii) A resident continuing clinical education in a
30 residency accredited by the National Commission on
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1 Orthotic and Prosthetic Education.
2 (iii) A student in a qualified work experience
3 program or internship in pedorthics.
4 (4) The practice of orthotics, prosthetics or pedorthics
5 by an orthotist, prosthetist or pedorthist licensed under the
6 laws of another state or territory of the United States or
7 another country who has applied to the department for a
8 license as orthotist, prosthetist or pedorthist and who is
9 qualified to receive a license under section 7 (relating to
10 qualifications for licensure as orthotist, prosthetist or
11 pedorthist) until:
12 (i) The expiration of six months after the filing of
13 the written application.
14 (ii) The withdrawal of the application.
15 (iii) The denial of the application by the
16 department.
17 Section 5. State Board of Orthotics, Prosthetics and
18 Pedorthics.
19 (a) Establishment.--The State Board of Orthotics,
20 Prosthetics and Pedorthics is established.
21 (b) Membership.--A six-member board shall be appointed by
22 the Governor. The initial board shall consist of members as
23 follows:
24 (1) One practicing orthotist who is a resident of this
25 Commonwealth and eligible for an orthotics license in this
26 Commonwealth.
27 (2) One practicing prosthetist who is a resident of this
28 Commonwealth and eligible for a prosthetics license in this
29 Commonwealth.
30 (3) One practicing pedorthist who is a resident of this
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1 Commonwealth and eligible for a pedorthics license in this
2 Commonwealth.
3 (4) One physician who is a resident of this Commonwealth
4 and licensed to practice medicine in this Commonwealth.
5 (5) One member of the public who uses an orthotic, a
6 prosthetic or pedorthic and is a resident of this
7 Commonwealth.
8 (6) One member of the public who does not use an
9 orthotic, a prosthetic or pedorthic and is a resident of this
10 Commonwealth.
11 (c) Officers.--The members of the board shall annually elect
12 a chairperson and a vice chairperson who shall be licensed under
13 this act.
14 (d) Duties.--The board shall assist the department on
15 matters of licensure and professional conduct for the profession
16 of orthotics, prosthetics and pedorthics.
17 (e) Term.--Each member of the board shall serve a term of
18 three years, except the initial members of the board of whom two
19 members shall be appointed for one year, two members shall be
20 appointed for two years and two members shall be appointed for
21 three years. Each member shall hold office and execute the
22 member's board responsibilities until the qualification and
23 appointment of a successor. No member of the board shall serve
24 more than eight consecutive years or two full terms, whichever
25 is greater.
26 (f) Expenses.--Members of the board shall receive
27 compensation as determined by the secretary and shall be
28 reimbursed for reasonable expenses incurred in performing the
29 duties of the office.
30 (g) Quorum.--A quorum of the board shall consist of a
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1 majority of board members currently appointed.
2 (h) Geographic diversity.--Membership of the board should
3 reasonably reflect representation from the geographic areas in
4 this Commonwealth.
5 Section 6. Application for original license.
6 An application for an original orthotist, prosthetist or
7 pedorthist license shall be made to the department in writing on
8 a form prescribed by the department and shall be accompanied by
9 the required fee, which shall not be refundable. The application
10 shall require information as prescribed by the department that
11 will enable the department to evaluate the qualifications of the
12 applicant for a license.
13 Section 7. Qualifications for licensure as orthotist,
14 prosthetist or pedorthist.
15 (a) Orthotics and prosthetics qualifications.--To qualify
16 for a license to practice orthotics or prosthetics, an applicant
17 shall:
18 (1) Possess a four-year bachelor's degree from a college
19 or university accredited by the Department of Education.
20 (2) Complete an education program, including, but not
21 limited to, any hours of classroom education and clinical
22 practice, required and approved by the department.
23 (3) Complete a clinical residency in the professional
24 area for which a license is sought in accordance with
25 standards, guidelines or procedures for residencies
26 established and approved by the department. The majority of
27 training must be devoted to services performed under the
28 supervision of a licensed practitioner of orthotics or
29 prosthetics or a person certified as an orthotist,
30 prosthetist or prosthetist/orthotist whose certification was
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1 obtained before the effective date of this act.
2 (4) Pass all examinations required by the department.
3 (5) Qualify to practice in accordance with
4 internationally accepted standards of orthotic and prosthetic
5 care.
6 (b) Pedorthics qualifications.--To qualify for a license to
7 practice pedorthics, an applicant shall:
8 (1) Possess a high school diploma or its equivalent.
9 (2) Complete an education program, including, but not
10 limited to, any hours of classroom education and clinical
11 practice, required and approved by the department.
12 (3) Complete a qualified work experience program or
13 internship in pedorthics in accordance with any standards,
14 guidelines or procedures established and approved by the
15 department.
16 (4) Pass all examinations required and approved by the
17 department.
18 (5) Qualify to practice in accordance with nationally
19 accepted standards of pedorthic care.
20 (c) Licensure standards.--The standards and requirements for
21 licensure established by the department shall be substantially
22 equal to or in excess of the standards commonly accepted in the
23 profession of orthotics, prosthetics or pedorthics.
24 (d) Multiple licenses.--A person may be licensed in more
25 than one discipline.
26 Section 8. Examinations.
27 (a) Generally.--The department may authorize examinations of
28 applicants as orthotists, prosthetists or pedorthists to fairly
29 test the qualifications of the applicant.
30 (b) Fees.--Applicants for examination as orthotists,
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1 prosthetists and pedorthists shall be required to pay, either to
2 the department or the designated testing service, a fee covering
3 the cost of providing the examination. Failure to appear for the
4 examination on the scheduled date, at the time and place
5 specified after the applicant's application for examination has
6 been received and acknowledged by the department or the
7 designated testing service, shall result in the forfeiture of
8 the examination fee.
9 (c) Denial of application.--If an applicant neglects, fails
10 or refuses to take an examination or fails to pass an
11 examination for a license under this act within three years
12 after filing an application, the application shall be denied.
13 The applicant may make a new application for examination
14 accompanied by the required fee and must furnish proof of
15 meeting qualifications for licensure in effect at the time of
16 new application.
17 (d) Retesting.--The department shall set by rule the maximum
18 number of attempts that an applicant may make to pass the
19 examination within a specified period of time. The department
20 shall also determine any further training required before a
21 reexamination.
22 (e) Testing services.--The department may employ consultants
23 for the purpose of preparing and conducting examinations.
24 Section 9. Assistants; technicians.
25 (a) Assistants.--No person shall work as an assistant to an
26 orthotist, prosthetist or prosthetist/orthotist and provide
27 patient care services or fabrication of orthoses or prostheses
28 unless the person is supervised by a licensed orthotist or
29 prosthetist.
30 (b) Technicians.--No person shall work as a technician
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1 unless the person is supervised by a person licensed under this
2 act.
3 Section 10. License requirement and transition period.
4 (a) License required.--Commencing two years after the
5 effective date of this act, no person shall practice or hold
6 himself or herself out as being able to practice othotics,
7 prosthetics or pedorthics in this Commonwealth unless the person
8 is licensed in accordance with section 7 (relating to
9 qualifications for licensure as orthotist, prosthetist or
10 pedorthist).
11 (b) Transition period for orthotist and prosthetist
12 license.--Within two years after the effective date of this act,
13 a person certified as an orthotist, prosthetist or
14 prosthetist/orthotist by the American Board for Certification in
15 Orthotics and Prosthetics, or holding similar certifications
16 from other accrediting bodies with equivalent educational
17 requirements and examination standards, may apply for and shall
18 be granted orthotic or prosthetic licensure under this act upon
19 payment of the required fee. After the date, any applicant for
20 licensure as an orthotist or a prosthetist shall meet the
21 requirements of section 7(a).
22 (c) Transition period for pedorthist license.--Within two
23 years after the effective date of this act, a person certified
24 as a pedorthist by the Board for Certification in Pedorthics, or
25 a person certified as an orthotist or prosthetist/orthotist by
26 the American Board for Certification in Orthotics and
27 Prosthetics, or holding similar certifications from other
28 accrediting bodies with equivalent educational requirements and
29 examination standards, may apply for and shall be granted
30 pedorthic licensure under this act upon payment of the required
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1 fee. After that date, any applicant for licensure as a
2 pedorthist shall meet the requirements of section 7(b).
3 (d) Transition period for experienced practitioners.--Within
4 two years of the effective date of this act, a person who has
5 practiced full time for at least seven years in a
6 prosthetic/orthotic facility as an orthotist, prosthetist,
7 prosthetist/orthotist, assistant or technician or in a pedorthic
8 facility as a pedorthist or pedorthic technician on the
9 effective date of this act may file an application with the
10 board to continue to practice orthotics, prosthetics or
11 pedorthics at the applicant's identified level of practice. The
12 applicant shall be issued a license to practice orthotics,
13 prosthetics or pedorthics under this act without examination
14 upon receipt by the department of payment of a licensing fee and
15 after the board has conducted an investigation of the
16 applicant's work history. The board shall complete its
17 investigation within six months of the date of the application.
18 The investigation shall include, but not be limited to,
19 completion by the applicant of a questionnaire regarding the
20 applicant's work history and scope of practice.
21 Section 11. Limitation on provision of care and services.
22 A licensed orthotist or pedorthist shall provide care or
23 services only pursuant to an order from a licensed physician or
24 podiatrist. A licensed prosthetist shall provide care or
25 services only pursuant to an order from a licensed physician.
26 Section 12. Renewal and reinstatement of license; military
27 service.
28 (a) Renewal.--The expiration date and renewal period for
29 licenses issued under this act shall be set by the department.
30 The board shall establish continuing education requirements for
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1 the renewal of a license.
2 (b) Reinstatement.--A person who has permitted the person's
3 license to expire or whose license is on inactive status may
4 have the license reinstated by:
5 (1) making application to the department; or
6 (2) filing proof acceptable to the department of the
7 person's fitness to have the license reinstated, including,
8 but not limited to, evidence of active practice in another
9 jurisdiction satisfactory to the department. If the person
10 has not maintained an active practice in another jurisdiction
11 satisfactory to the department, the board shall determine the
12 person's fitness to resume active status and may require the
13 person to complete an examination and a period of evaluated
14 clinical experience.
15 (c) Military service exception.--A person whose license
16 expired while the person was on active duty with the armed
17 forces of the United States or the National Guard pursuant to 10
18 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to
19 National Guard) may have the license renewed or reinstated
20 without paying a lapsed renewal fee if, within two years after
21 termination from the service, training or education, except
22 under conditions other than honorable, the person furnishes the
23 department with satisfactory evidence that the person has been
24 so engaged and the person's service, training or education has
25 been terminated.
26 Section 13. Inactive status.
27 (a) Election.--A person who notifies the department in
28 writing on forms prescribed by the department may elect to place
29 the person's license to practice orthotics, prosthetics or
30 pedorthics on inactive status and shall, subject to rules of the
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1 department, be excused from payment of renewal fees until the
2 person notifies the department in writing of the person's desire
3 to resume active status.
4 (b) Reinstatement.--A person requesting reinstatement of the
5 person's license to practice orthotics, prosthetics or
6 pedorthics from inactive status shall be required to pay the
7 current renewal fee and shall be required to reinstate the
8 license as provided in section 12 (relating to renewal and
9 reinstatement of license; military service).
10 (c) Practice prohibited while inactive.--An orthotist,
11 prosthetist or pedorthist whose license is on inactive status
12 shall not practice orthotics, prosthetics or pedorthics in this
13 Commonwealth.
14 Section 14. Endorsement.
15 The department may, at its discretion, license as either an
16 orthotist, prosthetist or pedorthist, without examination and on
17 payment of the required fee, an applicant who is an orthotist,
18 prosthetist or pedorthist who is either:
19 (1) Licensed under the laws of another state, territory
20 or country, if the requirements for licensure in that
21 jurisdiction were, at the date of licensure, substantially
22 equal to the requirements in force in this Commonwealth on
23 that date.
24 (2) Certified by a national certification organization
25 with educational and testing standards equal to or more
26 stringent than the licensing requirements of this
27 Commonwealth.
28 Section 15. Roster of licensees and registrants.
29 The department shall maintain a current roster of the names
30 and addresses of all licensees, registrants and all persons
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1 whose licenses have been suspended or revoked within the
2 previous year. This roster shall be available upon written
3 request and payment of any fee set by the department.
4 Section 16. Grounds for discipline.
5 (a) General rule.--The department may refuse to issue or
6 renew a license, may revoke or suspend a license or may suspend,
7 place on probation, censure or reprimand a licensee for one or
8 any combination of the following:
9 (1) Making a material misstatement in furnishing
10 information to the department or the board.
11 (2) Making a misrepresentation for the purpose of
12 obtaining a license.
13 (3) Failing to provide information within 60 days in
14 response to a written request may by the department under
15 this act.
16 (4) Any violations of or negligent or intentional
17 disregard of this act.
18 (5) Conviction of any crime that under the laws of the
19 United States or of a state or territory of the United States
20 is a felony or a misdemeanor, an essential element of which
21 is dishonesty, or of a crime that is directly related to the
22 practice of the profession.
23 (6) Aiding or assisting another person in violating any
24 provision of this act.
25 (7) A pattern of practice or other behavior that
26 demonstrates incapacity or incompetence to practice under
27 this act.
28 (8) Engaging in dishonorable, unethical or
29 unprofessional conduct or conduct of a character likely to
30 deceive, defraud or harm the public.
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1 (9) Habitual intoxication or addiction to the use of
2 drugs.
3 (10) Discipline by another state or territory of the
4 United States, the Federal Government or a foreign nation if
5 at least one of the grounds for the discipline is the same or
6 substantially equivalent to one set forth in this section.
7 (11) Directly or indirectly giving to or receiving from
8 a person, firm, corporation, partnership or association a
9 fee, commission, rebate or other form of compensation for
10 professional services not actually or personally rendered.
11 (12) A finding by the board that the licensee or
12 registrant, after having a license placed on probationary
13 status, has violated the terms of probation.
14 (13) Abandonment of a patient or client.
15 (14) Willfully making or filing false records or reports
16 in the licensee's practice, including, but not limited to,
17 false records filed with State agencies or departments.
18 (15) Willfully failing to report an instance of
19 suspected child abuse or neglect as required by 23 Pa.C.S.
20 Ch. 63 Subch. B (relating to provisions and responsibilities
21 for reporting suspected child abuse).
22 (16) Physical illness, including, but not limited to,
23 deterioration through the aging process or loss of motor
24 skills that results in the inability to practice the
25 profession with reasonable judgment, skill or safety.
26 (17) Solicitation of professional services using false
27 or misleading advertising.
28 (b) Mental and physical examinations.--In enforcing this
29 section, the department or board upon a showing of a possible
30 violation may compel an individual licensed to practice under
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1 this act, or who has applied for licensure under this act, to
2 submit to a mental or physical examination, or both, as required
3 by and at the expense of the department. The department or board
4 may order the examining physician to present testimony
5 concerning the mental or physical examination of the licensee or
6 applicant. No information shall be excluded by reason of any
7 common law or statutory privilege relating to communications
8 between the licensee or applicant and the examining physician.
9 The examining physicians shall be specifically designated by the
10 board or department. The individual to be examined may have, at
11 the individual's expense, another physician of the individual's
12 choice present during all aspects of this examination. The
13 examination shall be performed by a physician licensed to
14 practice in this Commonwealth. Failure of an individual to
15 submit to a mental or physical examination, when directed, shall
16 be grounds for suspension of the individual's license until the
17 individual submits to the examination if the department finds,
18 after notice and hearing, that the refusal to submit to the
19 examination was without reasonable cause.
20 (c) Required treatment.--If the department or board finds an
21 individual unable to practice for reasons set forth in this
22 section, the department or board may required that individual to
23 submit to care, counseling or treatment by physicians approved
24 or designated by the department or board, as a condition, term
25 or restriction for continued, reinstated or renewed licensure to
26 practice, or the department or board may immediately suspend or
27 revoke the license of the individual, or otherwise discipline
28 the individual. An individual who was disciplined or whose
29 license was granted, continued, reinstated, renewed or
30 supervised subject to such terms, conditions or restrictions and
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1 who fails to comply with such terms, conditions or restrictions
2 shall be referred to the board for a determination as to whether
3 the individual shall have the individual's license suspended
4 immediately, pending a hearing by the department.
5 (d) Procedure upon suspension of license.--When the board
6 suspends a person's license under this section, a hearing on
7 that person's license shall be convened by the department within
8 15 days after the suspension and completed without appreciable
9 delay. The department and board shall have the authority to
10 review the subject individual's record of treatment and
11 counseling, if any, regarding the impairment.
12 Section 17. Investigations; notice and hearing.
13 The department may investigate the actions of an applicant or
14 of a person holding or claiming to hold a license to practice
15 orthotics, prosthetics or pedorthics. Before refusing to issue
16 or renew a license, the department shall, at least ten days
17 prior to the date set for the hearing, notify in writing the
18 applicant for or holder of a license of the nature of the
19 charges and that a hearing will be held on the date designated.
20 The written notice may be served by personal delivery or by
21 certified or registered mail to the respondent at the address
22 disclosed on the respondent's last notification to the
23 department. At the time and place fixed in the notice, the board
24 shall hear the charges. The parties or their counsel shall be
25 afforded ample opportunity to present statements, testimony,
26 evidence and argument that may be pertinent to the charges or to
27 the defense to the charges. The board may continue the hearing
28 from time to time.
29 Section 18. Transcript.
30 The department, at its own expense, shall preserve a record
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1 of all proceedings at any formal hearing of a case involving the
2 refusal to issue or renew a license. The notice of hearing, any
3 complaint and all other documents in the nature of pleadings and
4 written motions filed in the proceedings, the transcript of
5 testimony, the report of the board and orders of the department
6 shall be in the record of the proceeding.
7 Section 19. Board findings and recommendations.
8 At the conclusion of a hearing, the board shall present to
9 the secretary a written report of its findings and
10 recommendations. The report shall contain a finding of whether
11 or not the accused person violated this act or failed to comply
12 with the conditions required in this act. The board shall
13 specify the nature of the violation or failure to comply and
14 shall make its recommendations to the secretary. The report of
15 findings and recommendations of the board shall be the basis for
16 the department's order for the refusal or for the granting of a
17 license, unless the director determines that the board report is
18 contrary to the manifest weight of the evidence, in which case
19 the director may issue an order in contravention to the board
20 report. A board finding is not admissible in evidence against
21 the person in a criminal prosecution brought for a violation of
22 this act, but the hearing and findings are not a bar to a
23 criminal prosecution brought for a violation of this act.
24 Section 20. Motion for rehearing.
25 In any case involving the refusal to issue or renew a license
26 or the discipline of a licensee, a copy of the board's report
27 shall be served upon the respondent by the department, either
28 personally or as provided in this act for the service of the
29 notice of hearing. Within 20 days after service, the respondent
30 may present to the department a motion in writing for a
20050H0401B0426 - 23 -
1 rehearing, which shall specify the particular grounds for
2 rehearing. If no motion for rehearing is filed, then upon the
3 expiration of the time specified for filing the motion, or if a
4 motion for rehearing is denied, upon the denial, the director
5 may enter an order in accordance with recommendations of the
6 board, except as provided in section 19 (relating to board
7 findings and recommendations). If the respondent orders from the
8 reporting service and pays for a transcript of the record within
9 the time for filing a motion for rehearing, the 20-day period
10 within which the motion may be filed shall commence upon the
11 delivery of the transcript to the respondent.
12 Section 21. Rehearing on order of secretary.
13 Whenever the secretary is not satisfied that substantial
14 justice has been done in the revocation, suspension or refusal
15 to issue or renew a license, the secretary may order a rehearing
16 by the same or other examiners.
17 Section 22. Appointment of hearing officer.
18 The secretary shall have the authority to appoint an attorney
19 licensed to practice law in this Commonwealth to serve as a
20 hearing officer in an action for refusal to issue or renew a
21 license or to discipline a licensee. The hearing officer shall
22 have full authority to conduct the hearing. The hearing officer
23 shall report the findings and recommendations of the hearing
24 officer to the board and the secretary. The board shall have 60
25 days from receipt of the report to review the report of the
26 hearing officer and present its findings of fact, conclusions of
27 law and recommendations to the secretary. If the board fails to
28 present its report within the 60-day period, the secretary shall
29 issue an order based on the report of the hearing officer. If
30 the secretary determines that the board's report is contrary to
20050H0401B0426 - 24 -
1 the manifest weight of the evidence, the secretary may issue an
2 order in contravention of the board's report.
3 Section 23. Restoration of suspended or revoked license.
4 At any time after the suspension or revocation of any
5 license, the department may restore the license to the accused
6 person upon the written recommendations of the board unless,
7 after an investigation and a hearing, the board determines that
8 restoration is not in the public interest.
9 Section 24. Surrender of license.
10 Upon the revocation or suspension of a license, the licensee
11 shall immediately surrender the license to the department, and
12 if the licensee fails to do so, the department shall have the
13 right to seize the license.
14 Section 25. Temporary suspension of license.
15 The secretary may temporarily suspend the license of an
16 orthotist, prosthetist or pedorthist without a hearing if the
17 secretary finds that a licensee's continuation in practice would
18 constitute an imminent danger to the public. If the secretary
19 temporarily suspends a license without a hearing, a hearing by
20 the board must be held within 30 days after the suspension.
21 Section 26. Criminal penalties.
22 A person who violates this act commits a misdemeanor of the
23 third degree for a first offense and a felony of the third
24 degree for a second or subsequent offense.
25 Section 27. Rules and regulations.
26 The department may promulgate rules and regulations to
27 administer and enforce this act.
28 Section 28. Effective date.
29 This act shall take effect in 60 days.
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