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. Section 13.5(d) and (h) of the act of December
1520, 1985 (P.L.457, No.112), known as the Medical Practice Act of
161985, added July 5, 2012 (P.L.873, No.90), are amended and the
17section is amended by adding a subsection to read:

<-18Section 1. The definition of "health care practitioner" in
19section 2 of the act of December 20, 1985 (P.L.457, No.112), 
20known as the Medical Practice Act of 1985, is amended and the

1section is amended by adding a definition to read:

2Section 2. Definitions.

3The following words and phrases when used in this act shall
4have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6* * *

7"Health care practitioner." [An individual, other than a
8physician assistant, who is authorized to practice some
9component of the healing arts by a license, permit, certificate
10or registration issued by a Commonwealth licensing agency or
11board.] As defined in section 103 of the act of July 19, 1979 
12(P.L.130, No.48), known as the Health Care Facilities Act.

13* * *

14"Pharmacist." As defined in section 2(10) of the act of 
15September 27, 1961 (P.L.1700, No.699), known as the Pharmacy 
16Act.

17* * *

18Section 2. Section 13.5(d), (f) and (h) of the act, added
19July 5, 2012 (P.L.873, No.90), are amended to read:

20Section 13.5. Prosthetists, orthotists, pedorthists and
21orthotic fitters.

22* * *

23(d) Exceptions.--

24(1) Nothing in this section shall prohibit students
25enrolled in a prosthetics, orthotics, pedorthics or orthotics
26fitter educational program from performing prosthetics,
27orthotics, pedorthics or orthotic fitting in the course of
28their instruction, provided that a physician or podiatrist is
29readily available for consultations and that a prosthetist,
30orthotist, pedorthist or orthotic fitter, respectively, is on

1site and responsible for the direct supervision of students.

2(2) Nothing in this section shall prohibit an individual
3from engaging in the practice for which that individual is
4licensed<-, registered or certified to practice or to act
5within the scope of that license<-, registration or
6certification held in this Commonwealth.

7(3) Nothing in this act shall prohibit an individual who 
8is employed by the Federal Government from engaging in the 
9practice of a prosthetist, orthotist, pedorthist or orthotic 
10fitter while in the discharge of the employee's official 
11duties.

12(4) Nothing in this section shall prohibit the sale of 
13over-the-counter prostheses, orthoses or pedorthic devices.

14(5) Nothing in this section shall prohibit a 
15representative of a medical device manufacturer registered 
16with the United States Food and Drug Administration from 
17measuring, fitting and adjusting a medical device when the 
18representative pursuant to a written agreement is supervised 
19by the physician performing the procedure.

<-20(6) Nothing in this section shall prohibit pharmacists,
21appropriately trained pharmacy personnel or durable medical
22equipment provider personnel from fitting and patient
23management of off-the-shelf therapeutic diabetic shoes and
24inserts. This paragraph includes the measuring, fitting or
25adjusting of any device utilizing a crush box impression
26system, scanning or a noncustom fabricated and fitted device,
27including, but not limited to, over-the-counter devices.

28* * *

<-29(f) License without examination.--

30[(1)] Within two years after the effective date of this
 

1section, [an individual may be granted] the board may grant 
2an individual a prosthetic, orthotic, pedorthotic or orthotic 
3[fitting] fitter license [by the board] if the individual 
4[does all of the following] complies with subsection (a)(1), 
5(5), (6), (7) and (8) and:

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

8(ii) Meets the following:

9(A) For prosthetists, a combination of at least
10four years of education, training and/or work
11experience, consisting of:

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

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

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

21(B) For orthotists, a combination of at least
22four years of education, training and/or work
23experience, consisting of:

24(I) a bachelor's degree with a major in
25orthotics or orthotics and prosthetics;

26(II) an associate's degree in orthotics or
27orthotics and prosthetics or two or more years of
28education, training and/or work experience in the
29field of orthotics; and

30(III) a minimum of two years or 3,800 hours

1of experience in providing direct patient care
2services.

3(C) For pedorthists, a successfully completed
4board-approved, entry-level pedorthic education
5program and a minimum of 1,000 hours of supervised
6patient fitting experience.

7(D) For orthotic fitters, a successfully
8completed board-approved, entry-level education
9program specific to orthotic fitting and a minimum of
101,000 hours of documented patient care.

11(iii) Complies with the following:

12(A) holds a valid national certification from an
13organization approved by the board as a prosthetist,
14orthotist, pedorthist or orthotic fitter; and

15(B) has been in active, continuous practice for 
16the three years immediately preceding the effective 
17date of this section.

18(2) This subsection shall expire 730 days from the
19effective date of this subsection.]

20(1) For a prosthetic or orthotic license, complies with
21one of the following:

22(i) Holds a national certification as a prosthetist
23or an orthotist issued by a national organization
24approved by the board.

25(ii) Is a representative of a medical device
26manufacturer registered with the United States Food and
27Drug Administration who has been measuring, fitting and
28adjusting custom-fabricated devices or custom-fitted
29devices for two consecutive years occurring within the
30five years immediately prior to the effective date of

1this section.

2(2) For a pedorthotic or orthotic fitters license,
3complies with one of the following:

4(i) Is a pharmacist, a podiatrist or other health
5care practitioner who has been engaged in a practice for
6which the individual is licensed, registered or certified
7to practice or to act within the scope of that license,
8registration or certification held in this Commonwealth.

9(ii) Holds a national certification as a pedorthist
10or orthotic fitter issued by a national organization
11approved by the board.

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[(10) Compression devices:

30(i) Lymphedema garments.

1(ii) Compression garments.

2(iii) Burn garments.

3(11) Breast prosthesis and ancillary supplies.]

4* * *

<-5(k) Definition.--As used in this section, the term
6"appropriately trained" means the satisfactory completion of one
7of the following:

8(1) A course of study approved by the National
9Commission of Orthotic and Prosthetic Education (NCOPE) that
10covers fitting and patient management of therapeutic diabetic
11shoes and inserts.

12(2) An appropriate manufacturer's training course
13consisting of fitting of therapeutic shoes and inserts with
14documented satisfactory completion of an assessment.

15(3) A course of study that covers fitting and patient
16management of therapeutic diabetic shoes and inserts that is
17approved by a nationally recognized orthotic and prosthetic
18certification or accreditation organization.

19Section 2. Notwithstanding section 3 of the act of July 5, 
202012 (P.L.873, No.90), entitled "An act amending the act of
21December 20, 1985 (P.L.457, No.112), entitled 'An act relating
22to the right to practice medicine and surgery and the right to
23practice medically related acts; reestablishing the State Board
24of Medical Education and Licensure as the State Board of
25Medicine and providing for its composition, powers and duties;
26providing for the issuance of licenses and certificates and the
27suspension and revocation of licenses and certificates;
28providing penalties; and making repeals,' adding definitions;
29and providing for licensure of prosthetists, orthotists,
30pedorthists and orthotic fitters," the State Board of Medicine
 

1shall promulgate regulations to implement section 13.5 of the 
2act within 12 months of the effective date of this section. 
3Section 13.5 of the act <-shall not apply and shall not be 
4enforceable by the State Board of Medicine until the publication 
5of final regulations under this section.

6Section 3. This act shall take effect immediately.