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 prosthetists, 
10orthotists, pedorthists and orthotic fitters.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 13.5(d) and (h) of the act of December
1420, 1985 (P.L.457, No.112), known as the Medical Practice Act of
151985, added July 5, 2012 (P.L.873, No.90), are amended and the
16section is amended by adding a subsection to read:

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

19* * *

20(d) Exceptions.--

21(1) Nothing in this section shall prohibit students

1enrolled in a prosthetics, orthotics, pedorthics or orthotics
2fitter educational program from performing prosthetics,
3orthotics, pedorthics or orthotic fitting in the course of
4their instruction, provided that a physician or podiatrist is
5readily available for consultations and that a prosthetist,
6orthotist, pedorthist or orthotic fitter, respectively, is on
7site and responsible for the direct supervision of students.

8(2) Nothing in this section shall prohibit an individual
9from engaging in the practice for which that individual is
10licensed or certified to practice or to act within the scope
11of that license or certification held in this Commonwealth.

12(3) Nothing in this act shall prohibit an individual who 
13is employed by the Federal Government from engaging in the 
14practice of a prosthetist, orthotist, pedorthist or orthotic 
15fitter while in the discharge of the employee's official 
16duties.

17(4) Nothing in this section shall prohibit the sale of 
18over-the-counter prostheses, orthoses or pedorthic devices.

19(5) Nothing in this section shall prohibit a 
20representative of a medical device manufacturer registered 
21with the United States Food and Drug Administration from 
22measuring, fitting and adjusting a medical device when the 
23representative pursuant to a written agreement is supervised 
24by the physician performing the procedure.

25(6) Nothing in this section shall prohibit pharmacists,
26appropriately trained pharmacy personnel or durable medical
27equipment provider personnel from fitting and patient
28management of off-the-shelf therapeutic diabetic shoes and
29inserts. This paragraph includes the measuring, fitting or
30adjusting of any device utilizing a crush box impression

1system, scanning or a noncustom fabricated and fitted device,
2including, but not limited to, over-the-counter devices.

3* * *

4(h) Orthotic fitter scope of practice.--The scope of
5practice of an orthotic fitter is limited to measuring, fitting,
6dispensing and adjusting prefabricated devices not requiring
7more than minor modification of:

8(1) Cervical soft foam collars.

9(2) Thoraco-lumbo-sacral orthoses.

10(3) Lumbo-sacral orthoses.

11(4) Knee orthoses.

12(5) Ankle foot orthoses.

13(6) Foot orthoses.

14(7) Elbow orthoses.

15(8) Shoulder orthoses.

16(9) Abdominal and pelvic:

17(i) Trusses.

18(ii) Flexible supports.

19(iii) Maternity supports.

20[(10) Compression devices:

21(i) Lymphedema garments.

22(ii) Compression garments.

23(iii) Burn garments.

24(11) Breast prosthesis and ancillary supplies.]

25* * *

26(k) Definition.--As used in this section, the term
27"appropriately trained" means the satisfactory completion of one
28of the following:

29(1) A course of study approved by the National
30Commission of Orthotic and Prosthetic Education (NCOPE) that

1covers fitting and patient management of therapeutic diabetic
2shoes and inserts.

3(2) An appropriate manufacturer's training course
4consisting of fitting of therapeutic shoes and inserts with
5documented satisfactory completion of an assessment.

6(3) A course of study that covers fitting and patient
7management of therapeutic diabetic shoes and inserts that is
8approved by a nationally recognized orthotic and prosthetic
9certification or accreditation organization.

10Section 2. Notwithstanding section 3 of the act of July 5, 
112012 (P.L.873, No.90), entitled "An act amending the act of
12December 20, 1985 (P.L.457, No.112), entitled 'An act relating
13to the right to practice medicine and surgery and the right to
14practice medically related acts; reestablishing the State Board
15of Medical Education and Licensure as the State Board of
16Medicine and providing for its composition, powers and duties;
17providing for the issuance of licenses and certificates and the
18suspension and revocation of licenses and certificates;
19providing penalties; and making repeals,' adding definitions;
20and providing for licensure of prosthetists, orthotists,
21pedorthists and orthotic fitters," the State Board of Medicine 
22shall promulgate regulations to implement section 13.5 of the 
23act within 12 months of the effective date of this section. 
24Section 13.5 of the act shall not be enforceable by the State 
25Board of Medicine until the publication of final regulations 
26under this section.

27Section 3. This act shall take effect immediately.