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
30individual<-, including, but not limited to, a pharmacist,
 

1podiatrist or physician, from engaging in the practice for
2which that individual is licensed, registered or certified to
3practice or to act within the scope of that license, 
4registration or certification held in this Commonwealth.

5(3) Nothing in this act shall prohibit an individual who 
6is employed by the Federal Government from engaging in the 
7practice of a prosthetist, orthotist, pedorthist or orthotic 
8fitter while in the discharge of the employee's official 
9duties.

10(4) Nothing in this section shall prohibit the sale of 
11over-the-counter prostheses, orthoses or pedorthic devices.

12(5) Nothing in this section shall prohibit a 
13representative of a medical device manufacturer registered 
14with the United States Food and Drug Administration from 
15measuring, fitting and adjusting a medical device when the 
16representative pursuant to a written agreement is supervised 
17by the physician performing the procedure.

18* * *

19(f) License without examination.--

20[[(1)<-]] Within [two] three years after the effective 
21date of this section, [an individual may be granted] the 
22board shall grant an individual a prosthetic, orthotic, 
23pedorthotic or orthotic [fitting] fitter license [by the 
24board] if the individual [does all of the following] complies 
<-25on or before March 31, 2015, with subsection (a)(1), (5), 
26(6), (7) and (8) and:

27[(i) Complies with subsection (a)(1), (5), (6) and
28(7).

29(ii) Meets the following:

30(A) For prosthetists, a combination of at least

1four years of education, training and/or work
2experience, consisting of:

3(I) a bachelor's degree with a major in
4prosthetics or orthotics and prosthetics;

5(II) an associate's degree in prosthetics or
6orthotics and prosthetics or two or more years of
7education, training and/or work experience in the
8field of prosthetics; and

9(III) a minimum of two years or 3,800 hours
10of experience in providing direct patient care
11services.

12(B) For orthotists, a combination of at least
13four years of education, training and/or work
14experience, consisting of:

15(I) a bachelor's degree with a major in
16orthotics or orthotics and prosthetics;

17(II) an associate's degree in orthotics or
18orthotics and prosthetics or two or more years of
19education, training and/or work experience in the
20field of orthotics; and

21(III) a minimum of two years or 3,800 hours
22of experience in providing direct patient care
23services.

24(C) For pedorthists, a successfully completed
25board-approved, entry-level pedorthic education
26program and a minimum of 1,000 hours of supervised
27patient fitting experience.

28(D) For orthotic fitters, a successfully
29completed board-approved, entry-level education
30program specific to orthotic fitting and a minimum of

11,000 hours of documented patient care.

2(iii) Complies with the following:

3(A) holds a valid national certification from an
4organization approved by the board as a prosthetist,
5orthotist, pedorthist or orthotic fitter; and

6(B) has been in active, continuous practice for 
7the three years immediately preceding the effective 
8date of this section.

9(2) This subsection shall expire 730 days from the
10effective date of this subsection.]

<-11(1) For a prosthetic or orthotic license, an individual 
12who holds a national certification as a prosthetist or an
13orthotist issued by a national organization approved by the
14board.

15(2) For a pedorthotic or orthotic fitters license,
16complies with one of the following:

17(i) Is a pharmacist, a podiatrist or other health
18care practitioner who has been engaged in a practice for
19which the individual is licensed, registered or certified
20to practice or to act within the scope of that license,
21registration or certification held in this Commonwealth.

22(ii) Holds a national certification as a pedorthist
23or orthotic fitter issued by a national organization
24approved by the board.

<-25(i) For a prosthetic or orthotic license, holds a

<-26(1) For a prosthetic or orthotic license, holds a 
27national certification as a prosthetist or an orthotist
28issued by a national organization approved by the board.

<-29(ii) For a pedorthotic or orthotic fitter license,

<-30(2) For a pedorthic or orthotic fitter license, holds a
 

1national certification as a pedorthist or orthotic fitter 
2issued by a national organization approved by the board.

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

<-4(3) For an orthotic fitter license only, has been
5dispensing over-the-counter prostheses, orthoses or pedorthic
6devices for <-two consecutive years occurring within the five
7years immediately prior to the effective date of this
8section.

<-9(2) For purposes of this section, any pharmacist,
10podiatrist or other health care practitioner who has been
11engaged in a practice for which the individual is licensed,
12registered or certified to practice or to act within the
13scope of that license, registration or certification held in
14this Commonwealth shall be deemed to be licensed under this
15section. <-two years immediately prior to the effective date of
16this paragraph under the supervision of a nationally
17certified pedorthist or be employed by an entity accredited
18by an accredited organization under the Center for Medicare
19and Medicaid Services.

20* * *

21(h) Orthotic fitter scope of practice.--The scope of
22practice of an orthotic fitter is limited to measuring, fitting,
23dispensing and adjusting prefabricated devices not requiring
24more than minor modification of:

25(1) Cervical soft foam collars.

26(2) Thoraco-lumbo-sacral orthoses.

27(3) Lumbo-sacral orthoses.

28(4) Knee orthoses.

29(5) Ankle foot orthoses.

30(6) Foot orthoses.

1(7) Elbow orthoses.

2(8) Shoulder orthoses.

3(9) Abdominal and pelvic:

4(i) Trusses.

5(ii) Flexible supports.

6(iii) Maternity supports.

<-7(9.1) Therapeutic shoes.

8[(10) Compression devices:

9(i) Lymphedema garments.

10(ii) Compression garments.

11(iii) Burn garments.

12(11) Breast prosthesis and ancillary supplies.]

13* * *

14Section 2. Notwithstanding section 3 of the act of July 5, 
152012 (P.L.873, No.90), entitled "An act amending the act of
16December 20, 1985 (P.L.457, No.112), entitled 'An act relating
17to the right to practice medicine and surgery and the right to
18practice medically related acts; reestablishing the State Board
19of Medical Education and Licensure as the State Board of
20Medicine and providing for its composition, powers and duties;
21providing for the issuance of licenses and certificates and the
22suspension and revocation of licenses and certificates;
23providing penalties; and making repeals,' adding definitions;
24and providing for licensure of prosthetists, orthotists,
25pedorthists and orthotic fitters," the State Board of Medicine 
26shall promulgate regulations to implement section 13.5 of the 
27act within 12 months of the effective date of this section. 
<-28Section 13.5 of the act shall not be enforceable by the State 
29Board of Medicine until the publication of final regulations 
30under this section.

1Section 3. This act shall take effect immediately.