S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3586

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, CYMBROWITZ, MILLMAN, JAFFEE, FIELDS --
  Multi-Sponsored by -- M. of  A.  BOYLAND,  CAHILL,  DelMONTE,  MARKEY,
  WEISENBERG -- read once and referred to the Committee on Higher Educa-
  tion

AN  ACT  to amend the education law, in relation to creating the profes-
  sion of orthotics, prosthetic and pedorthic practice

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:

                               ARTICLE 167

               ORTHOTIC, PROSTHETIC AND PEDORTHIC PRACTICE

SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. PRACTICE OF ORTHOTICS, PROSTHETICS AND PEDORTHICS; AND THE
                USE   OF   THE  TITLES  "ORTHOTIST",  "PROSTHETIST"  AND
                "PEDORTHIST".
        8803. STATE BOARD FOR ORTHOTICS, PROSTHETICS AND PEDORTHICS.
        8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
        8805. EXEMPTIONS.
        8806. LICENSURE WITHOUT EXAMINATION.
  S 8800. INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE  PROFESSION  OF
ORTHOTICS, PROSTHETICS AND PEDORTHICS, AND PROVIDES FOR THE LICENSING OF
ORTHOTISTS  AND PROSTHETISTS AND PEDORTHISTS. THE GENERAL PROVISIONS FOR
ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY  OF  THIS  TITLE
APPLY TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03356-01-9

              

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  1.  "ORTHOSIS"  MEANS  A  MEDICAL  DEVICE  USED  TO  PROVIDE  SUPPORT,
CORRECTION, OR ALLEVIATION OF NEUROMUSCULAR OR MUSCULOSKELETAL  DYSFUNC-
TION,  DISEASE,  INJURY OR DEFORMITY, BUT DOES NOT INCLUDE THE FOLLOWING
ASSISTIVE TECHNOLOGY DEVICES: UPPER EXTREMITY ADAPTIVE EQUIPMENT USED TO
FACILITATE  THE  ACTIVITIES OF DAILY LIVING, INCLUDING SPECIALIZED UTEN-
SILS, COMBS, AND BRUSHES; FINGER SPLINTS; WHEELCHAIR SEATING AND  EQUIP-
MENT  THAT  IS  AN  INTEGRAL  PART OF THE WHEELCHAIR AND NOT WORN BY THE
PATIENT; ELASTIC ABDOMINAL SUPPORTS THAT DO NOT HAVE  METAL  OR  PLASTIC
REINFORCING  STAYS;  ARCH  SUPPORTS; NONTHERAPEUTIC ACCOMMODATIVE INLAYS
AND NONTHERAPEUTIC ACCOMMODATIVE FOOTWEAR, REGARDLESS OF METHOD OF MANU-
FACTURE; UNMODIFIED, OVER-THE-COUNTER  SHOES;  PREFABRICATED  FOOT  CARE
PRODUCTS; DURABLE MEDICAL EQUIPMENT SUCH AS CANES, CRUTCHES, OR WALKERS;
DENTAL APPLIANCES; OR DEVICES IMPLANTED INTO THE BODY BY A PHYSICIAN.
  FOR  PURPOSES OF THIS SUBDIVISION, "ACCOMMODATIVE" MEANS DESIGNED WITH
THE PRIMARY GOAL OF CONFORMING TO THE INDIVIDUAL'S ANATOMY  AND  "INLAY"
MEANS  ANY  REMOVABLE MATERIAL UPON WHICH THE FOOT DIRECTLY RESTS INSIDE
THE SHOE AND WHICH MAY BE AN INTEGRAL DESIGN COMPONENT OF THE SHOE.
  2. "ORTHOTICS" MEANS THE PRACTICE, PURSUANT TO A LICENSED  PHYSICIAN'S
WRITTEN  PRESCRIPTION,  OF EVALUATING, TREATMENT FORMULATING, MEASURING,
DESIGNING, FABRICATING, ASSEMBLING, FITTING,  ADJUSTING,  SERVICING,  OR
PROVIDING THE INITIAL TRAINING NECESSARY TO ACCOMPLISH THE FITTING OF AN
ORTHOSIS OR PEDORTHIC DEVICE.
  3.  "ORTHOTIST" MEANS A PERSON LICENSED TO PRACTICE ORTHOTICS PURSUANT
TO THIS CHAPTER.
  4. "PEDORTHIC DEVICE" MEANS THERAPEUTIC SHOES, SHOE MODIFICATIONS MADE
FOR THERAPEUTIC PURPOSES, PROSTHETIC FILLERS OF THE FOREFOOT,  AND  FOOT
ORTHOSES  FOR  USE  FROM  THE ANKLE AND BELOW, BUT DOES NOT INCLUDE ARCH
SUPPORTS; NONTHERAPEUTIC ACCOMMODATIVE INLAYS AND NONTHERAPEUTIC  ACCOM-
MODATIVE  FOOTWEAR,  REGARDLESS  OF  METHOD  OF MANUFACTURE; UNMODIFIED,
OVER-THE-COUNTER  SHOES;  OR  PREFABRICATED  FOOT  CARE  PRODUCTS.   FOR
PURPOSES  OF  THIS  SUBDIVISION, "ACCOMMODATIVE" MEANS DESIGNED WITH THE
PRIMARY GOAL OF CONFORMING TO THE INDIVIDUAL'S ANATOMY AND "INLAY" MEANS
ANY REMOVABLE MATERIAL UPON WHICH THE FOOT  DIRECTLY  RESTS  INSIDE  THE
SHOE AND WHICH MAY BE AN INTEGRAL DESIGN COMPONENT OF THE SHOE.
  5. "PEDORTHICS" MEANS THE PRACTICE, PURSUANT TO A LICENSED PHYSICIAN'S
WRITTEN  PRESCRIPTION,  OF EVALUATING, TREATMENT FORMULATING, MEASURING,
DESIGNING, FABRICATING, ASSEMBLING, FITTING,  ADJUSTING,  SERVICING,  OR
PROVIDING  THE INITIAL TRAINING NECESSARY TO ACCOMPLISH THE FITTING OF A
PEDORTHIC DEVICE.
  6. "PEDORTHIST" MEANS A PERSON LICENSED TO PRACTICE PEDORTHICS  PURSU-
ANT TO THIS CHAPTER.
  7.  "PROSTHESIS"  MEANS  A  MEDICAL  DEVICE  USED TO REPLACE A MISSING
APPENDAGE OR OTHER EXTERNAL BODY PART,  INCLUDING  AN  ARTIFICIAL  LIMB,
HAND, OR FOOT. IT DOES NOT INCLUDE SURGICALLY IMPLANTED DEVICES OR ARTI-
FICIAL  EYES;  DENTAL APPLIANCES; OSTOMY PRODUCTS; COSMETIC DEVICES SUCH
AS BREAST PROSTHESES, EYELASHES, OR WIGS; OR OTHER DEVICES THAT  DO  NOT
HAVE A SIGNIFICANT IMPACT ON THE MUSCULOSKELETAL FUNCTIONS OF THE BODY.
  8.  "PROSTHETICS"  MEANS  THE  PRACTICE, PURSUANT TO A LICENSED PHYSI-
CIAN'S WRITTEN PRESCRIPTION, OF EVALUATING, TREATMENT FORMULATING, MEAS-
URING, DESIGNING, FABRICATING, ASSEMBLING, FITTING,  ADJUSTING,  SERVIC-
ING,  OR  PROVIDING  THE  INITIAL  TRAINING  NECESSARY TO ACCOMPLISH THE
FITTING OF A PROSTHESIS.
  9. "PROSTHETIST" MEANS  A  PERSON  LICENSED  TO  PRACTICE  PROSTHETICS
PURSUANT TO THIS CHAPTER.
  10.  "PROSTHETIST-ORTHOTIST"  MEANS A PERSON LICENSED TO PRACTICE AS A
PROSTHETIST AND AS AN ORTHOTIST.

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  S 8802. PRACTICE OF ORTHOTICS, PROSTHETICS AND PEDORTHICS; AND THE USE
OF THE TITLES "ORTHOTIST",  "PROSTHETIST"  AND  "PEDORTHIST".    ONLY  A
PERSON  LICENSED  OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRAC-
TICE THE PROFESSION OF ORTHOTICS AND/OR PROSTHETICS  OR  PEDORTHICS,  OR
USE    THE    TITLE    "ORTHOTIST",   "PROSTHETIST",   "PEDORTHIST"   OR
"PROSTHETIST/ORTHOTIST" IN CONNECTION WITH HIS OR HER NAME OR  WITH  ANY
TRADE NAME IN THE CONDUCT OF HIS OR HER PROFESSION.
  S  8803.  STATE  BOARD FOR ORTHOTICS, PROSTHETICS AND PEDORTHICS. 1. A
STATE BOARD FOR ORTHOTICS, PROSTHETICS AND PEDORTHICS SHALL BE APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER  FOR
THE  PURPOSE  OF  ASSISTING  THE  BOARD OF REGENTS AND THE DEPARTMENT ON
MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  2. THE BOARD SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED OF  THE
FOLLOWING:
  (A) SIX MEMBERS SHALL BE LICENSED OR EXEMPT PURSUANT TO THIS ARTICLE;
  (B)  ONE MEMBER WHO SHALL BE AN EDUCATOR OF ORTHOTICS AND/OR PROSTHET-
ICS;
  (C) ONE MEMBER WHO SHALL BE A LICENSED PHYSICIAN;
  (D) ONE MEMBER WHO SHALL BE AN INDIVIDUAL NOT POSSESSING EITHER LICEN-
SURE OR TRAINING IN MEDICINE, ORTHOTICS, PROSTHETICS OR  PEDORTHICS  AND
SHALL REPRESENT THE PUBLIC AT LARGE;
  3. MEMBERS OF THE BOARD SHALL SERVE TWO YEAR TERMS, PROVIDED, HOWEVER,
THAT NO MEMBER SHALL SERVE MORE THAN TWO TERMS.
  4. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE BOARD
OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
  S  8804.  REQUIREMENTS  AND  PROCEDURES FOR PROFESSIONAL LICENSURE. TO
QUALIFY FOR A LICENSE FOR THE PRACTICE  OF  ORTHOTICS,  PROSTHETICS  AND
PEDORTHICS, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  1. APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION.
  (A)(I) FOR A LICENSE TO PRACTICE ORTHOTICS AND/OR PROSTHETICS COMPLETE
EDUCATIONAL PREPARATION OF A FOUR-YEAR BACCALAUREATE OR HIGHER DEGREE IN
ORTHOTICS AND/OR PROSTHETICS FROM AN ACCREDITED COLLEGE PROGRAM APPROVED
BY THE STATE BOARD; OR
  (II)  SUBMIT  EVIDENCE  OF  LICENSE  OR CERTIFICATION, THE EDUCATIONAL
PREPARATION FOR WHICH IS DETERMINED BY THE DEPARTMENT TO  BE  EQUIVALENT
TO  A  COLLEGE  PROGRAM  REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH,
FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS;
  (B) FOR A LICENSE TO PRACTICE PEDORTHICS HAVE RECEIVED A  HIGH  SCHOOL
DIPLOMA OR ITS EQUIVALENT, HAVE A MINIMUM OF ONE HUNDRED TWENTY HOURS OF
TRAINING  AS  APPROVED  BY THE BOARD AND HAVE COMPLETED AN INTERNSHIP OF
EIGHTY HOURS QUALIFIED WORKING EXPERIENCE AS APPROVED BY THE BOARD.
  3. EXPERIENCE. HAVE EXPERIENCE SATISFACTORY TO  THE  STATE  BOARD  FOR
ORTHOTICS, PROSTHETICS AND PEDORTHICS IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  4. EXAMINATION. PASS AN ORAL, WRITTEN AND PRACTICAL EXAMINATION SATIS-
FACTORY TO THE STATE BOARD FOR ORTHOTICS, PROSTHETICS AND PEDORTHICS AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  7. CITIZENSHIP OR IMMIGRATION STATUS. BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN  THE  UNITED  STATES;
AND

A. 3586                             4

  8.  FEES.  PAY  A FEE OF THREE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
LICENSE;  A  FEE  OF ONE HUNDRED FIFTY DOLLARS FOR EACH REEXAMINATION; A
FEE OF TWO HUNDRED DOLLARS  FOR  AN  INITIAL  LICENSE  FOR  PERSONS  NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION; AND A FEE OF
FIVE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8805. EXEMPTIONS. NOTHING IN THIS  ARTICLE  SHALL  BE  CONSTRUED  TO
AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT:
  1.  THE  AUTHORITY  OF ANY PERSON OTHERWISE AUTHORIZED BY LAW OR REGU-
LATION TO PRACTICE OR PERFORM ANY FUNCTION OF AN ORTHOTIST,  PROSTHETIST
OR PEDORTHIST; OR
  2.  THE ACTIVITIES AND SERVICES OF ANY PERSON WHO IS LICENSED TO PRAC-
TICE MEDICINE AND SURGERY, DENTISTRY OR PODIATRY BY THE STATE; OR
  3. AN ORTHOTIST, PROSTHETIST OR PEDORTHIST LICENSED IN  ANOTHER  STATE
OR   COUNTRY  FROM  CONDUCTING  A  TEACHING  CLINICAL  DEMONSTRATION  IN
CONNECTION WITH A PROGRAM OF BASIC CLINICAL EDUCATION,  GRADUATE  EDUCA-
TION,  OR  POSTGRADUATE  EDUCATION  IN  AN APPROVED SCHOOL OF ORTHOTICS,
PROSTHETICS OR PEDORTHICS OR IN  ITS  AFFILIATED  CLINICAL  FACILITY  OR
HEALTH  CARE  AGENCY, OR BEFORE A GROUP OF LICENSED ORTHOTISTS, PROSTHE-
TISTS OR PEDORTHISTS WHO ARE MEMBERS OF A PROFESSIONAL SOCIETY; OR
  4. AN ORTHOTIC OR PROSTHETIC SPECIALIST WHO IS SERVING  IN  THE  ARMED
FORCES  OR THE PUBLIC HEALTH SERVICE OF THE UNITED STATES OR IS EMPLOYED
BY THE VETERANS ADMINISTRATION FROM PRACTICING THE PROFESSION OF ORTHOT-
ICS OR PROSTHETICS, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH SERVICE OR
EMPLOYMENT; OR
  5. AN ORTHOTIC OR PROSTHETIC STUDENT FROM ENGAGING IN  CLINICAL  PRAC-
TICE  UNDER  THE  SUPERVISION  OF A LICENSED ORTHOTIST OR PROSTHETIST AS
PART OF A PROGRAM CONDUCTED IN AN APPROVED SCHOOL OF ORTHOTICS OR  PROS-
THETICS, OR IN A CLINICAL FACILITY OR HEALTH CARE AGENCY AFFILIATED WITH
THE SCHOOL OF ORTHOTICS OR PROSTHETICS AND THE SUPERVISION OF AN ORTHOT-
IC OR PROSTHETIC STUDENT BY A LICENSED ORTHOTIST OR PROSTHETIST SHALL BE
ON-SITE SUPERVISION AND NOT NECESSARILY DIRECT PERSONAL SUPERVISION; OR
  6.  AN  ORTHOTIC  OR  PROSTHETIC  GRADUATE OF AN APPROVED PROGRAM FROM
ENGAGING IN CLINICAL PRACTICE UNDER THE  ON-SITE,  BUT  NOT  NECESSARILY
DIRECT  PERSONAL  SUPERVISION  OF  A  LICENSED  ORTHOTIST OR PROSTHETIST
PROVIDED THE GRADUATE HAS APPLIED AND PAID A FEE FOR THE  LICENSING  AND
EXAMINATION.
  S 8806. LICENSURE WITHOUT EXAMINATION. 1. WITHIN EIGHTEEN MONTHS AFTER
THE  EFFECTIVE  DATE  OF REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS
ARTICLE, THE DEPARTMENT MAY ISSUE A LICENSE TO PRACTICE  THE  PROFESSION
OF  ORTHOTICS,  PROSTHETICS  OR  PEDORTHICS  WITHOUT AN EXAMINATION TO A
PERSON WHO MEETS THE REQUIREMENTS OF SUBDIVISIONS  ONE,  FIVE,  SIX  AND
SEVEN  OF  SECTION  EIGHTY-EIGHT HUNDRED FOUR OF THIS ARTICLE AND WHO IN
ADDITION HAS PRACTICED FULL-TIME FOR THE PAST FIVE YEARS  IN  AN  ESTAB-
LISHED  PROSTHETIC,  ORTHOTIC  OR  PEDORTHIC  FACILITY  AS AN ORTHOTIST,
PROSTHETIST OR PEDORTHIST. THE APPLICANT MAY OBTAIN A LICENSE  TO  PRAC-
TICE  ORTHOTICS,  PROSTHETICS OR PEDORTHICS UNDER THE PROVISIONS OF THIS
ARTICLE AFTER THE BOARD HAS COMPLETED AN INVESTIGATION INTO  THE  APPLI-
CANT'S  WORK HISTORY. SUCH INVESTIGATION MAY INCLUDE, BUT IS NOT LIMITED
TO, SUBMISSION BY THE APPLICANT  OF  A  SWORN  STATEMENT  DETAILING  THE
APPLICANT'S WORK HISTORY AND SCOPE OF PRACTICE. THE BOARD SHALL COMPLETE
ITS INVESTIGATION FOR THE PURPOSES OF THIS SUBDIVISION WITHIN SIX MONTHS
AFTER THE DATE OF THE APPLICATION.
  2.  THE  PROVISIONS  OF THIS ARTICLE SHALL NOT BE DEEMED TO AFFECT THE
VALIDITY OF ANY LICENSE OR PERMIT RELATING TO THE PRACTICE OF ORTHOTICS,
PROSTHETICS OR PEDORTHICS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF  THIS

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ARTICLE,  OR THE CONTINUATION OR ANY ADMINISTRATIVE ACTION OR PROCEEDING
COMMENCED PRIOR TO SUCH EFFECTIVE DATE.
  S  2.  This  act shall take effect January 1, 2010; provided, however,
that any actions necessary for the implementation of the  provisions  of
this  act  on  its  effective  date are authorized to be completed on or
before such effective date.