1Amending the act of December 20, 1985 (P.L.457, No.112), 
2entitled "An act relating to the right to practice medicine 
3and surgery and the right to practice medically related acts; 
4reestablishing the State Board of Medical Education and 
5Licensure as the State Board of Medicine and providing for 
6its composition, powers and duties; providing for the 
7issuance of licenses and certificates and the suspension and 
8revocation of licenses and certificates; providing penalties; 
9and making repeals," further providing for definitions and 
10for prosthetists, orthotists, pedorthists and orthotic 
11fitters.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The definition of "health care practitioner" in
15section 2 of the act of December 20, 1985 (P.L.457, No.112), 
16known as the Medical Practice Act of 1985, is amended and the
17section is amended by adding a definition to read:

18Section 2. Definitions.

19The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3* * *

4"Health care practitioner." [An individual, other than a
5physician assistant, who is authorized to practice some
6component of the healing arts by a license, permit, certificate
7or registration issued by a Commonwealth licensing agency or
8board.] As defined in section 103 of the act of July 19, 1979 
9(P.L.130, No.48), known as the Health Care Facilities Act.

10* * *

11"Pharmacist." As defined in section 2(10) of the act of 
12September 27, 1961 (P.L.1700, No.699), known as the Pharmacy 
13Act.

14* * *

15Section 2. Section 13.5(d), (f) and (h) of the act, added
16July 5, 2012 (P.L.873, No.90), are amended to read:

17Section 13.5. Prosthetists, orthotists, pedorthists and
18orthotic fitters.

19* * *

20(d) Exceptions.--

21(1) Nothing in this section shall prohibit students
22enrolled in a prosthetics, orthotics, pedorthics or orthotics
23fitter educational program from performing prosthetics,
24orthotics, pedorthics or orthotic fitting in the course of
25their instruction, provided that a physician or podiatrist is
26readily available for consultations and that a prosthetist,
27orthotist, pedorthist or orthotic fitter, respectively, is on
28site and responsible for the direct supervision of students.

29(2) Nothing in this section shall prohibit an individual
30from engaging in the practice for which that individual is

1licensed, registered or certified to practice or to act
2within the scope of that license, registration or
3certification held in this Commonwealth.

4(3) Nothing in this act shall prohibit an individual who 
5is employed by the Federal Government from engaging in the 
6practice of a prosthetist, orthotist, pedorthist or orthotic 
7fitter while in the discharge of the employee's official 
8duties.

9(4) Nothing in this section shall prohibit the sale of 
10over-the-counter prostheses, orthoses or pedorthic devices.

11(5) Nothing in this section shall prohibit a 
12representative of a medical device manufacturer registered 
13with the United States Food and Drug Administration from 
14measuring, fitting and adjusting a medical device when the 
15representative pursuant to a written agreement is supervised 
16by the physician performing the procedure.

17* * *

18(f) License without examination.--

19[(1)<-] Within two years after the effective date of this 
20section, [an individual may be granted] the board shall grant 
21an individual a prosthetic, orthotic, pedorthotic or orthotic 
22[fitting] fitter license [by the board] if the individual 
23[does all of the following] complies with subsection (a)(1), 
24(5), (6), (7) and (8) and:

25[(i) Complies with subsection (a)(1), (5), (6) and
26(7).

27(ii) Meets the following:

28(A) For prosthetists, a combination of at least
29four years of education, training and/or work
30experience, consisting of:

1(I) a bachelor's degree with a major in
2prosthetics or orthotics and prosthetics;

3(II) an associate's degree in prosthetics or
4orthotics and prosthetics or two or more years of
5education, training and/or work experience in the
6field of prosthetics; and

7(III) a minimum of two years or 3,800 hours
8of experience in providing direct patient care
9services.

10(B) For orthotists, a combination of at least
11four years of education, training and/or work
12experience, consisting of:

13(I) a bachelor's degree with a major in
14orthotics or orthotics and prosthetics;

15(II) an associate's degree in orthotics or
16orthotics and prosthetics or two or more years of
17education, training and/or work experience in the
18field of orthotics; and

19(III) a minimum of two years or 3,800 hours
20of experience in providing direct patient care
21services.

22(C) For pedorthists, a successfully completed
23board-approved, entry-level pedorthic education
24program and a minimum of 1,000 hours of supervised
25patient fitting experience.

26(D) For orthotic fitters, a successfully
27completed board-approved, entry-level education
28program specific to orthotic fitting and a minimum of
291,000 hours of documented patient care.

30(iii) Complies with the following:

1(A) holds a valid national certification from an
2organization approved by the board as a prosthetist,
3orthotist, pedorthist or orthotic fitter; and

4(B) has been in active, continuous practice for 
5the three years immediately preceding the effective 
6date of this section.

7(2) This subsection shall expire 730 days from the
8effective date of this subsection.]

<-9(1) For a prosthetic or orthotic license, an individual 
10who holds a national certification as a prosthetist or an
11orthotist issued by a national organization approved by the
12board.

13(2) For a pedorthotic or orthotic fitters license,
14complies with one of the following:

15(i) Is a pharmacist, a podiatrist or other health
16care practitioner who has been engaged in a practice for
17which the individual is licensed, registered or certified
18to practice or to act within the scope of that license,
19registration or certification held in this Commonwealth.

20(ii) Holds a national certification as a pedorthist
21or orthotic fitter issued by a national organization
22approved by the board.

<-23(i) For a prosthetic or orthotic license, holds a 
24national certification as a prosthetist or an orthotist
25issued by a national organization approved by the board.

26(ii) For a pedorthotic or orthotic fitter license, 
27holds a national certification as a pedorthist or 
28orthotic fitter issued by a national organization 
29approved by the board.

30(iii) <-Has For an orthotic fitter license only, has

1been dispensing over-the-counter prostheses, orthoses or
2pedorthic devices for two consecutive years occurring
3within the five years immediately prior to the effective
4date of this section.

<-5(2) For purposes of this section, any pharmacist,
6podiatrist or other health care practitioner who has been
7engaged in a practice for which the individual is licensed,
8registered or certified to practice or to act within the
9scope of that license, registration or certification held in
10this Commonwealth shall be deemed to be licensed under this
11section.

12* * *

13(h) Orthotic fitter scope of practice.--The scope of
14practice of an orthotic fitter is limited to measuring, fitting,
15dispensing and adjusting prefabricated devices not requiring
16more than minor modification of:

17(1) Cervical soft foam collars.

18(2) Thoraco-lumbo-sacral orthoses.

19(3) Lumbo-sacral orthoses.

20(4) Knee orthoses.

21(5) Ankle foot orthoses.

22(6) Foot orthoses.

23(7) Elbow orthoses.

24(8) Shoulder orthoses.

25(9) Abdominal and pelvic:

26(i) Trusses.

27(ii) Flexible supports.

28(iii) Maternity supports.

<-29(9.1) Therapeutic shoes.

30[(10) Compression devices:

1(i) Lymphedema garments.

2(ii) Compression garments.

3(iii) Burn garments.

4(11) Breast prosthesis and ancillary supplies.]

5* * *

6Section 2. Notwithstanding section 3 of the act of July 5, 
72012 (P.L.873, No.90), entitled "An act amending the act of
8December 20, 1985 (P.L.457, No.112), entitled 'An act relating
9to the right to practice medicine and surgery and the right to
10practice medically related acts; reestablishing the State Board
11of Medical Education and Licensure as the State Board of
12Medicine and providing for its composition, powers and duties;
13providing for the issuance of licenses and certificates and the
14suspension and revocation of licenses and certificates;
15providing penalties; and making repeals,' adding definitions;
16and providing for licensure of prosthetists, orthotists,
17pedorthists and orthotic fitters," the State Board of Medicine 
18shall promulgate regulations to implement section 13.5 of the 
19act within 12 months of the effective date of this section. 
20Section 13.5 of the act shall not be enforceable by the State 
21Board of Medicine until the publication of final regulations 
22under this section.

23Section 3. This act shall take effect immediately.