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
22enrolled in a prosthetics, orthotics, pedorthics or orthotics

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

7(2) Nothing in this section shall prohibit an individual
8from engaging in the practice for which that individual is
9licensed or certified to practice or to act within the scope
10of that license or certification held in this Commonwealth.

11(3) Nothing in this act shall prohibit an individual who 
12is employed by the Federal Government from engaging in the 
13practice of a prosthetist, orthotist, pedorthist or orthotic 
14fitter while in the discharge of the employee's official 
15duties.

16(4) Nothing in this section shall prohibit the sale of 
17over-the-counter prostheses, orthoses or pedorthic devices.

18(5) Nothing in this section shall prohibit a 
19representative of a medical device manufacturer registered 
20with the United States Food and Drug Administration from 
21measuring, fitting and adjusting a medical device when the 
22representative pursuant to a written agreement is supervised 
23by the physician performing the procedure.

24(6) Nothing in this section shall prohibit pharmacists,
25appropriately trained pharmacy or durable medical equipment
26provider personnel from fitting and patient management of
27off-the-shelf therapeutic diabetic shoes and inserts. This
28paragraph includes the measuring, fitting or adjusting of any
29device utilizing a crush box impression system, scanning or a
30noncustom fabricated and fitted device, including, but not

1limited to, over-the-counter devices.

2* * *

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

7(1) Cervical soft foam collars.

8(2) Thoraco-lumbo-sacral orthoses.

9(3) Lumbo-sacral orthoses.

10(4) Knee orthoses.

11(5) Ankle foot orthoses.

12(6) Foot orthoses.

13(7) Elbow orthoses.

14(8) Shoulder orthoses.

15(9) Abdominal and pelvic:

16(i) Trusses.

17(ii) Flexible supports.

18(iii) Maternity supports.

19[(10) Compression devices:

20(i) Lymphedema garments.

21(ii) Compression garments.

22(iii) Burn garments.

23(11) Breast prosthesis and ancillary supplies.]

24* * *

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

28(1) A course of study approved by the National
29Commission of Orthotic and Prosthetic Education (NCOPE) that
30covers fitting and patient management of therapeutic diabetic

1shoes and inserts.

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

5(3) A course of study that covers fitting and patient
6management of therapeutic diabetic shoes and inserts that is
7approved by a nationally recognized orthotic and prosthetic
8certification or accreditation organization.

9Section 2. Notwithstanding section 3 of the act of July 5,
102012 (P.L.873, No.90), entitled "An act amending the act of
11December 20, 1985 (P.L.457, No.112), entitled 'An act relating
12to the right to practice medicine and surgery and the right to
13practice medically related acts; reestablishing the State Board
14of Medical Education and Licensure as the State Board of
15Medicine and providing for its composition, powers and duties;
16providing for the issuance of licenses and certificates and the
17suspension and revocation of licenses and certificates;
18providing penalties; and making repeals,' adding definitions;
19and providing for licensure of prosthetists, orthotists,
20pedorthists and orthotic fitters," the State Board of Medicine
21shall promulgate regulations to implement section 13.5 of the
22act within 12 months of the effective date of this section.
23Section 13.5 of the act shall not be enforceable by the State
24Board of Medicine until the publication of final regulations
25under this section.

26Section 3. This act shall take effect immediately.