Bill Text: IA SF364 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to the licensure and regulation of persons offering occupational therapy services, and orthotists, prosthetists, and pedorthists, providing exceptions for persons practicing within the scope of their professions, and providing for fees and penalties. (Formerly SF 226.) Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-27 - Signed by Governor. S.J. 869. [SF364 Detail]
Download: Iowa-2011-SF364-Enrolled.html
Senate
File
364
AN
ACT
RELATING
TO
THE
LICENSURE
AND
REGULATION
OF
PERSONS
OFFERING
OCCUPATIONAL
THERAPY
SERVICES,
AND
ORTHOTISTS,
PROSTHETISTS,
AND
PEDORTHISTS,
PROVIDING
EXCEPTIONS
FOR
PERSONS
PRACTICING
WITHIN
THE
SCOPE
OF
THEIR
PROFESSIONS,
AND
PROVIDING
FOR
FEES
AND
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
147.1,
subsections
3
and
6,
Code
2011,
are
amended
to
read
as
follows:
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
and
surgeon,
podiatric
physician,
osteopathic
physician
and
surgeon,
physician
assistant,
psychologist,
chiropractor,
nurse,
dentist,
dental
hygienist,
dental
assistant,
optometrist,
speech
pathologist,
audiologist,
pharmacist,
physical
therapist,
physical
therapist
assistant,
occupational
therapist,
occupational
therapy
assistant,
orthotist,
prosthetist,
pedorthist,
respiratory
care
practitioner,
practitioner
of
cosmetology
arts
and
sciences,
practitioner
of
barbering,
funeral
director,
dietitian,
marital
and
family
therapist,
mental
health
counselor,
social
worker,
massage
therapist,
athletic
trainer,
acupuncturist,
nursing
home
administrator,
hearing
aid
dispenser,
or
sign
language
interpreter
or
transliterator
means
a
person
licensed
under
this
subtitle.
6.
“Profession”
means
medicine
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
practice
as
a
physician
assistant,
psychology,
chiropractic,
nursing,
dentistry,
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
audiology,
pharmacy,
physical
therapy,
physical
therapist
Senate
File
364,
p.
2
assisting,
occupational
therapy,
occupational
therapy
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
barbering,
mortuary
science,
marital
and
family
therapy,
mental
health
counseling,
social
work,
dietetics,
massage
therapy,
athletic
training,
acupuncture,
nursing
home
administration,
hearing
aid
dispensing,
or
sign
language
interpreting
or
transliterating
,
orthotics,
prosthetics,
or
pedorthics
.
Sec.
2.
Section
147.2,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
A
person
shall
not
engage
in
the
practice
of
medicine
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
psychology,
chiropractic,
physical
therapy,
physical
therapist
assisting,
nursing,
dentistry,
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
audiology,
occupational
therapy,
occupational
therapy
assisting,
orthotics,
prosthetics,
pedorthics,
respiratory
care,
pharmacy,
cosmetology
arts
and
sciences,
barbering,
social
work,
dietetics,
marital
and
family
therapy
or
mental
health
counseling,
massage
therapy,
mortuary
science,
athletic
training,
acupuncture,
nursing
home
administration,
hearing
aid
dispensing,
or
sign
language
interpreting
or
transliterating,
or
shall
not
practice
as
a
physician
assistant,
unless
the
person
has
obtained
a
license
for
that
purpose
from
the
board
for
the
profession.
Sec.
3.
Section
147.13,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
24.
For
orthotics,
prosthetics,
and
pedorthics,
the
board
of
podiatry.
Sec.
4.
Section
147.14,
subsection
1,
paragraph
s,
Code
2011,
is
amended
to
read
as
follows:
s.
For
podiatry,
five
members
licensed
to
practice
podiatry
,
two
members
licensed
to
practice
orthotics,
prosthetics,
or
pedorthics,
and
two
members
who
are
not
so
licensed
to
practice
podiatry
and
who
shall
represent
the
general
public.
Sec.
5.
Section
147.74,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
24.
a.
An
orthotist
licensed
under
chapter
148F
may
use
the
words
“licensed
orthotist”
after
the
person’s
name
or
signify
the
same
by
the
use
of
the
letters
“L.O.”
after
the
person’s
name.
b.
A
pedorthist
licensed
under
chapter
148F
may
use
the
words
“licensed
pedorthist”
after
the
person’s
name
or
signify
the
same
by
the
use
of
the
letters
“L.ped.”
after
the
person’s
Senate
File
364,
p.
3
name.
c.
A
prosthetist
licensed
under
chapter
148F
may
use
the
words
“licensed
prosthetist”
after
the
person’s
name
or
signify
the
same
by
the
use
of
the
letters
“L.P.”
after
the
person’s
name.
Sec.
6.
Section
148B.2,
subsection
2,
Code
2011,
is
amended
to
read
as
follows:
2.
“Occupational
therapy”
means
the
therapeutic
application
of
specific
tasks
used
for
the
purpose
of
evaluation
and
treatment
of
problems
interfering
with
functional
performance
in
persons
impaired
by
physical
illness
or
injury,
emotional
disorder,
congenital
or
developmental
disability,
or
the
aging
process
in
order
to
achieve
optimum
function,
for
maintenance
of
health
and
prevention
of
disability
use
of
occupations,
including
everyday
life
activities
with
individuals,
groups,
populations,
or
organizations
to
support
participation,
performance,
and
function
in
roles
and
situations
in
home,
school,
workplace,
community,
and
other
settings.
Occupational
therapy
services
are
provided
for
habilitation,
rehabilitation,
and
the
promotion
of
health
and
wellness
to
those
who
have
or
are
at
risk
for
developing
an
illness,
injury,
disease,
disorder,
condition,
impairment,
disability,
activity
limitation,
or
participation
restriction.
Occupational
therapy
addresses
the
physical,
cognitive,
psychosocial,
sensory-perceptual,
and
other
aspects
of
performance
in
a
variety
of
contexts
and
environments
to
support
engagement
in
occupations
that
affect
physical
and
mental
health,
well-being,
and
quality
of
life.
“Occupational
therapy”
includes
but
is
not
limited
to
providing
assessment,
design,
fabrication,
application,
and
fitting
of
selected
orthotic
devices
and
training
in
the
use
of
prosthetic
devices.
Sec.
7.
Section
148B.3,
subsection
5,
Code
2011,
is
amended
by
striking
the
subsection.
Sec.
8.
Section
148B.3,
subsection
6,
Code
2011,
is
amended
to
read
as
follows:
6.
A
nonresident
performing
occupational
therapy
services
in
the
state
who
is
not
licensed
under
this
chapter
,
if
the
services
are
performed
for
not
more
than
ninety
thirty
days
in
a
calendar
year
in
association
with
an
occupational
therapist
licensed
under
this
chapter
,
and
the
nonresident
meets
either
of
the
following
requirements:
a.
The
nonresident
is
licensed
under
the
law
of
another
state
which
has
licensure
requirements
at
least
as
stringent
as
Senate
File
364,
p.
4
the
requirements
of
this
chapter
,
or
.
b.
The
nonresident
meets
the
requirements
for
certification
as
an
occupational
therapist
registered
(O.T.R.),
or
a
certified
occupational
therapy
assistant
(C.O.T.A.)
established
by
the
American
national
board
for
certification
in
occupational
therapy
association
.
Sec.
9.
Section
148B.4,
Code
2011,
is
amended
to
read
as
follows:
148B.4
Limited
permit.
1.
A
limited
permit
to
practice
occupational
therapy
may
be
granted
to
persons
a
person
who
have
has
completed
the
education
and
experience
academic
and
field
work
requirements
of
for
occupational
therapists
under
this
chapter
and
has
not
yet
taken
or
received
the
results
of
the
entry-level
certification
examination
.
This
permit
shall
A
permit
granted
pursuant
to
this
subsection
shall
be
valid
for
a
period
of
time
as
determined
by
the
board
by
rule
and
shall
allow
the
person
to
practice
occupational
therapy
under
the
direction
and
appropriate
supervision
of
a
licensed
an
occupational
therapist
and
shall
be
valid
until
the
date
on
which
the
results
of
the
next
qualifying
examination
have
been
made
public
licensed
under
this
chapter
.
This
The
permit
shall
expire
when
the
person
is
issued
a
license
under
section
148B.5
or
if
the
person
is
notified
that
the
person
did
not
pass
the
examination.
The
limited
permit
shall
not
be
renewed
if
the
applicant
has
failed
the
examination
.
2.
A
limited
permit
to
assist
in
the
practice
of
occupational
therapy
may
be
granted
to
a
person
who
has
completed
the
academic
and
field
work
requirements
for
occupational
therapy
assistants
under
this
chapter
and
has
not
yet
taken
or
received
the
results
of
the
entry-level
certification
examination.
A
permit
granted
pursuant
to
this
subsection
shall
be
valid
for
a
period
of
time
as
determined
by
the
board
by
rule
and
shall
allow
the
person
to
assist
in
the
practice
of
occupational
therapy
under
the
direction
and
appropriate
supervision
of
an
occupational
therapist
licensed
under
this
chapter.
The
permit
shall
expire
when
the
person
is
issued
a
license
under
section
148B.5
or
if
the
person
is
notified
that
the
person
did
not
pass
the
examination.
The
limited
permit
shall
not
be
renewed.
Sec.
10.
Section
148B.6,
Code
2011,
is
amended
to
read
as
follows:
148B.6
Waiver
of
requirements
for
licensing.
Senate
File
364,
p.
5
1.
The
board
may
waive
the
examination
and
grant
a
license
:
1.
to
To
a
person
certified
prior
to
January
1,
1981,
as
an
occupational
therapist
registered
(O.T.R.)
or
a
certified
occupational
therapy
assistant
(C.O.T.A.)
by
the
American
Occupational
Therapy
Association
occupational
therapy
association
.
2.
The
board
shall
waive
the
education
and
experience
requirements
for
licensure
in
section
148B.5
,
subsections
1
and
2
,
for
applicants
for
a
license
who
present
evidence
to
the
board
that
they
have
been
engaged
in
the
practice
of
occupational
therapy
on
and
prior
to
January
1,
1981.
Proof
of
actual
practice
shall
be
presented
to
the
board
in
a
manner
as
it
prescribes
by
rule.
To
obtain
the
benefit
of
this
waiver,
an
applicant
must
successfully
complete
the
examination
within
one
year
from
January
1,
1981.
However,
the
waiver
is
conditional
upon
the
applicant
satisfying
the
education
and
experience
requirements
of
section
148B.5
,
subsections
1
and
2
,
within
five
years
of
the
waiver
being
granted
and
if
those
requirements
are
not
satisfied
at
the
expiration
of
those
five
years
the
board
shall
revoke
the
license.
3.
2.
The
board
may
waive
the
examination
and
grant
a
license
to
To
an
applicant
who
presents
proof
of
current
licensure
as
an
occupational
therapist
or
occupational
therapy
assistant
in
another
state,
the
District
of
Columbia,
or
a
territory
of
the
United
States
which
requires
standards
for
licensure
considered
by
the
board
to
be
equivalent
to
the
requirements
for
licensure
of
this
chapter
.
Sec.
11.
NEW
SECTION
.
148B.8
Unlawful
practice.
1.
A
person
shall
not
practice
occupational
therapy
or
assist
in
the
practice
of
occupational
therapy,
provide
occupational
therapy
services,
hold
oneself
out
as
an
occupational
therapist
or
occupational
therapy
assistant
or
as
being
able
to
practice
occupational
therapy
or
assist
in
the
practice
of
occupational
therapy,
or
provide
occupational
therapy
services
in
this
state
unless
the
person
is
licensed
under
this
chapter.
2.
It
is
unlawful
for
any
person
not
licensed
as
an
occupational
therapist
in
this
state
or
whose
license
is
suspended
or
revoked
to
use
in
connection
with
the
person’s
name
or
place
of
business
in
this
state
the
words
“occupational
therapist”,
“licensed
occupational
therapist”,
or
any
word,
title,
letters,
or
designation
that
implies
that
the
person
is
an
occupational
therapist.
Senate
File
364,
p.
6
3.
It
is
unlawful
for
any
person
not
licensed
as
an
occupational
therapy
assistant
in
this
state
or
whose
license
is
suspended
or
revoked
to
use
in
connection
with
the
person’s
name
or
place
of
business
in
this
state,
the
words
“occupational
therapy
assistant”,
“licensed
occupational
therapy
assistant”,
or
any
word,
title,
letters,
or
designation
that
implies
that
the
person
is
an
occupational
therapy
assistant.
Sec.
12.
NEW
SECTION
.
148B.9
False
use
of
titles
prohibited.
A
person
or
business
entity,
including
the
employees,
agents,
or
representatives
of
the
business
entity,
shall
not
use
in
connection
with
that
person
or
business
entity’s
business
activity,
the
words
“occupational
therapy”,
“occupational
therapist”,
“licensed
occupational
therapist”,
“doctor
of
occupational
therapy”,
“occupational
therapy
assistant”,
“licensed
occupational
therapy
assistant”,
or
the
letters
“O.T.”,
“O.T./L.”,
“O.T.D.”,
“O.T.A.”,
“O.T.A./L.”,
or
any
words,
abbreviations,
or
insignia
indicating
or
implying
that
occupational
therapy
is
provided
or
supplied
unless
such
services
are
provided
by
or
under
the
direction
and
supervision
of
an
occupational
therapist
licensed
pursuant
to
this
chapter.
Sec.
13.
NEW
SECTION
.
148F.1
Title
and
purpose.
1.
This
chapter
may
be
cited
and
referred
to
as
the
“Orthotics,
Prosthetics,
and
Pedorthics
Practice
Act”
.
2.
The
purpose
of
this
chapter
is
to
provide
for
the
regulation
of
persons
offering
orthotic,
prosthetic,
and
pedorthic
services
to
the
public
in
order
to
safeguard
the
public
health,
safety,
and
welfare.
Sec.
14.
NEW
SECTION
.
148F.2
Definitions.
As
used
in
this
chapter:
1.
“Board”
means
the
board
of
podiatry.
2.
“Orthosis”
means
a
custom-fabricated
or
custom-fitted
brace
or
support
designed
to
provide
for
alignment,
correction,
or
prevention
of
neuromuscular
or
musculoskeletal
dysfunction,
disease,
injury,
or
deformity.
“Orthosis”
does
not
include
fabric
or
elastic
supports,
corsets,
arch
supports,
low
temperature
plastic
splints,
trusses,
elastic
hoses,
canes,
crutches,
soft
cervical
collars,
dental
appliances,
or
other
similar
devices
carried
in
stock
and
sold
as
“over-the-counter”
items
by
a
drug
store,
department
store,
corset
shop,
or
surgical
supply
facility.
3.
“Orthotic
and
prosthetic
education
program”
means
a
Senate
File
364,
p.
7
course
of
instruction
accredited
by
the
national
commission
on
accreditation
of
allied
health
education
programs,
consisting
of
both
of
the
following:
a.
A
basic
curriculum
of
college
level
instruction
in
math,
physics,
biology,
chemistry,
and
psychology.
b.
A
specific
curriculum
in
orthotic
or
prosthetic
courses,
including
but
not
limited
to:
(1)
Lectures
covering
pertinent
anatomy,
biomechanics,
pathomechanics,
prosthetic-orthotic
components
and
materials,
training
and
functional
capabilities,
prosthetic
or
orthotic
performance
evaluation,
prescription
considerations,
etiology
of
amputations
and
disease
processes
necessitating
prosthetic
or
orthotic
use,
and
medical
management.
(2)
Subject
matter
related
to
pediatric
and
geriatric
problems.
(3)
Instruction
in
acute
care
techniques,
such
as
immediate
and
early
post-surgical
prosthetics
and
fracture
bracing
techniques.
(4)
Lectures,
demonstrations,
and
laboratory
experiences
related
to
the
entire
process
of
measuring,
casting,
fitting,
fabricating,
aligning,
and
completing
prostheses
or
orthoses.
4.
“Orthotic
and
prosthetic
scope
of
practice”
means
a
list
of
tasks,
with
relative
weight
given
to
such
factors
as
importance,
criticality,
and
frequency,
based
on
nationally
accepted
standards
of
orthotic
and
prosthetic
care
as
outlined
by
the
American
board
for
certification
in
orthotics,
prosthetics,
and
pedorthics.
5.
“Orthotics”
means
the
science
and
practice
of
evaluating,
measuring,
designing,
fabricating,
assembling,
fitting,
adjusting,
or
servicing
an
orthosis
under
an
order
from
a
licensed
physician
or
podiatric
physician
for
the
correction
or
alleviation
of
neuromuscular
or
musculoskeletal
dysfunction,
disease,
injury,
or
deformity.
6.
“Orthotist”
means
a
health
care
professional,
specifically
educated
and
trained
in
orthotic
patient
care,
who
measures,
designs,
fabricates,
fits,
or
services
orthoses
and
may
assist
in
the
formulation
of
the
order
and
treatment
plan
of
orthoses
for
the
support
or
correction
of
disabilities
caused
by
neuromusculoskeletal
diseases,
injuries,
or
deformities.
7.
“Pedorthic
device”
means
therapeutic
shoes,
such
as
diabetic
shoes
and
inserts,
shoe
modifications
made
for
therapeutic
purposes,
below-the-ankle
partial
foot
prostheses,
Senate
File
364,
p.
8
and
foot
orthoses
for
use
at
the
ankle
or
below.
The
term
also
includes
subtalar-control
foot
orthoses
designed
to
manage
the
function
of
the
anatomy
by
controlling
the
range
of
motion
of
the
subtalar
joint.
Excluding
pedorthic
devices
which
are
footwear,
the
proximal
height
of
a
custom
pedorthic
device
does
not
extend
beyond
the
junction
of
the
gastrocnemius
and
the
Achilles
tendon.
“Pedorthic
device”
does
not
include
nontherapeutic
inlays
or
footwear
regardless
of
method
of
manufacture;
unmodified,
nontherapeutic
over-the-counter
shoes;
or
prefabricated
foot
care
products.
8.
“Pedorthic
education
program”
means
an
educational
program
accredited
by
the
American
board
for
certification
in
orthotics,
prosthetics,
and
pedorthics
consisting
of
all
of
the
following:
a.
A
basic
curriculum
of
instruction
in
foot-related
pathology
of
diseases,
anatomy,
and
biomechanics.
b.
A
specific
curriculum
in
pedorthic
courses,
including
lectures
covering
shoes,
foot
orthoses,
and
shoe
modifications,
pedorthic
components
and
materials,
training
and
functional
capabilities,
pedorthic
performance
evaluation,
prescription
considerations,
etiology
of
disease
processes
necessitating
use
of
pedorthic
devices,
medical
management,
subject
matter
related
to
pediatric
and
geriatric
problems,
and
lectures,
demonstrations,
and
laboratory
experiences
related
to
the
entire
process
of
measuring
and
casting,
fitting,
fabricating,
aligning,
and
completing
pedorthic
devices.
9.
“Pedorthic
scope
of
practice”
means
a
list
of
tasks
with
relative
weight
given
to
such
factors
as
importance,
criticality,
and
frequency
based
on
nationally
accepted
standards
of
pedorthic
care
as
outlined
by
the
American
board
for
certification
in
orthotics,
prosthetics
and
pedorthics.
10.
“Pedorthics”
means
the
science
and
practice
of
evaluating,
measuring,
designing,
fabricating,
assembling,
fitting,
adjusting,
or
servicing
a
pedorthic
device
under
an
order
from
a
licensed
physician
or
podiatric
physician
for
the
correction
or
alleviation
of
neuromuscular
or
musculoskeletal
dysfunction,
disease,
injury,
or
deformity.
11.
“Pedorthist”
means
a
health
care
professional,
specifically
educated
and
trained
in
pedorthic
patient
care,
who
measures,
designs,
fabricates,
fits,
or
services
pedorthic
devices
and
may
assist
in
the
formulation
of
the
order
and
treatment
plan
of
pedorthic
devices
for
the
support
or
correction
of
disabilities
caused
by
neuromusculoskeletal
Senate
File
364,
p.
9
diseases,
injuries,
or
deformities.
12.
“Prosthesis”
means
an
artificial
medical
device
that
is
not
surgically
implanted
and
that
is
used
to
replace
a
missing
limb,
appendage,
or
any
other
external
human
body
part
including
an
artificial
limb,
hand,
or
foot.
13.
“Prosthetics”
means
the
science
and
practice
of
evaluating,
measuring,
designing,
fabricating,
assembling,
fitting,
adjusting,
or
servicing
a
prosthesis
under
an
order
from
a
licensed
physician.
14.
“Prosthetist”
means
a
health
care
professional,
specifically
educated
and
trained
in
prosthetic
patient
care,
who
measures,
designs,
fabricates,
fits,
or
services
prostheses
and
may
assist
in
the
formulation
of
the
order
and
treatment
plan
of
prostheses
for
the
replacement
of
external
parts
of
the
human
body
lost
due
to
amputation
or
congenital
deformities
or
absences.
15.
“Resident”
means
a
person
who
has
completed
an
education
program
in
either
orthotics
or
prosthetics
and
is
continuing
the
person’s
clinical
education
in
a
residency
accredited
by
the
American
board
for
certification
in
orthotics,
prosthetics
and
pedorthics.
16.
“Residency”
means
an
approved
supervised
program
of
a
minimum
duration
of
one
year
to
acquire
practical
clinical
training
in
orthotics
or
prosthetics
in
a
patient
care
setting.
Sec.
15.
NEW
SECTION
.
148F.3
Duties
of
the
board.
The
board
shall
administer
this
chapter.
The
board’s
duties
shall
include
but
are
not
limited
to
the
following:
1.
Adoption
of
rules
to
administer
and
interpret
this
chapter,
chapter
147,
and
chapter
272C
with
respect
to
the
education
and
licensing
of
orthotists,
prosthetists,
and
pedorthists.
2.
Adoption
of
rules
to
establish
accepted
standards
of
orthotic
and
prosthetic
scope
of
practice,
including
the
classification
of
devices
and
supervision
of
nonlicensed
caregivers.
Any
changes
to
the
nationally
accepted
standards
by
the
American
board
for
certification
in
orthotics,
prosthetics
and
pedorthics
which
impact
scope
of
practice
may
be
approved
by
the
board
along
with
the
adoption
of
rules
as
required
in
this
section.
3.
Adoption
of
rules
relating
to
professional
conduct
and
licensing
and
the
establishment
of
ethical
and
professional
standards
of
practice.
4.
Acting
on
matters
concerning
licensure
and
the
process
Senate
File
364,
p.
10
of
applying
for,
granting,
suspending,
imposing
supervisory
or
probationary
conditions
upon,
reinstating,
revoking,
or
renewing
a
license.
5.
Establishing
and
collecting
licensure
fees
as
provided
in
section
147.80.
6.
Developing
continuing
education
requirements
as
a
condition
of
license
renewal.
7.
Evaluating
requirements
for
licensure
in
other
states
to
determine
if
reciprocity
may
be
granted.
8.
Adoption
of
rules
providing
temporary
licensing
for
persons
providing
orthotic,
prosthetic,
and
pedorthic
care
in
this
state
prior
to
the
effective
date
of
this
Act.
A
temporary
license
is
good
for
no
more
than
one
year.
Sec.
16.
NEW
SECTION
.
148F.4
Persons
and
practices
not
affected.
This
chapter
does
not
prevent
or
restrict
the
practice,
services,
or
activities
of
any
of
the
following:
1.
A
person
licensed
in
this
state
by
any
other
law
from
engaging
in
the
profession
or
occupation
for
which
the
person
is
licensed,
including
but
not
limited
to
persons
set
out
in
section
147.1,
subsections
3
and
6.
2.
A
person
employed
as
an
orthotics,
prosthetics,
or
pedorthics
practitioner
by
the
government
of
the
United
States
if
that
person
practices
solely
under
the
direction
or
control
of
the
organization
by
which
the
person
is
employed.
3.
A
person
pursuing
a
course
of
study
leading
to
a
degree
or
certificate
in
orthotics,
prosthetics,
or
pedorthics
in
an
educational
program
accredited
or
approved
according
to
rules
adopted
by
the
board,
if
the
activities
and
services
constitute
a
part
of
a
supervised
course
of
study
and
the
person
is
designated
by
a
title
which
clearly
indicates
the
person’s
status
as
a
student,
resident,
or
trainee.
Sec.
17.
NEW
SECTION
.
148F.5
Qualifications
for
licensure
as
orthotist,
prosthetist,
or
pedorthist.
1.
To
qualify
for
a
license
to
practice
orthotics
or
prosthetics,
a
person
shall
meet
the
following
requirements:
a.
Possess
a
baccalaureate
degree
from
a
college
or
university.
b.
Have
completed
the
amount
of
formal
training,
including
but
not
limited
to
an
orthotic
and
prosthetic
education
program,
and
clinical
practice
established
and
approved
by
the
board.
c.
Complete
a
clinical
residency
in
the
professional
area
Senate
File
364,
p.
11
for
which
a
license
is
sought
in
accordance
with
standards,
guidelines,
or
procedures
for
residencies
established
and
approved
by
the
board.
The
majority
of
training
must
be
devoted
to
services
performed
under
the
supervision
of
a
licensed
practitioner
of
orthotics
or
prosthetics
or
a
person
certified
as
a
certified
orthotist,
certified
prosthetist,
or
certified
prosthetist
orthotist
whose
practice
is
located
outside
the
state.
d.
Pass
all
written,
practical,
and
oral
examinations
that
are
required
and
approved
by
the
board.
e.
Be
qualified
to
practice
in
accordance
with
accepted
standards
of
orthotic
and
prosthetic
care
as
established
by
the
board.
2.
To
qualify
for
a
license
to
practice
pedorthics,
a
person
shall
meet
the
following
requirements:
a.
Submit
proof
of
a
high
school
diploma
or
its
equivalent.
b.
Have
completed
the
amount
of
formal
training,
including
but
not
limited
to
a
pedorthic
education
program,
and
clinical
practice
established
and
approved
by
the
board.
c.
Complete
a
qualified
work
experience
program
or
internship
in
pedorthics
that
has
a
minimum
of
one
thousand
hours
of
pedorthic
patient
care
experience
in
accordance
with
any
standards,
guidelines,
or
procedures
established
and
approved
by
the
board.
The
majority
of
training
must
be
devoted
to
services
performed
under
the
supervision
of
a
licensed
practitioner
of
pedorthics
or
a
person
certified
as
a
certified
pedorthist
whose
practice
is
located
outside
the
state.
d.
Pass
all
examinations
that
are
required
and
approved
by
the
board.
e.
Be
qualified
to
practice
in
accordance
with
accepted
standards
of
pedorthic
care
as
established
by
the
board.
3.
The
standards
and
requirements
for
licensure
established
by
the
board
shall
be
substantially
equal
to
or
in
excess
of
standards
commonly
accepted
in
the
professions
of
orthotics,
prosthetics,
or
pedorthics,
as
applicable.
The
board
shall
adopt
rules
as
necessary
to
set
the
standards
and
requirements.
4.
A
person
may
be
licensed
in
more
than
one
discipline.
Sec.
18.
NEW
SECTION
.
148F.6
Assistants
and
technicians.
1.
a.
A
person
shall
not
work
as
an
assistant
to
an
orthotist
or
prosthetist
or
provide
patient
care
services
or
fabrication
of
orthoses
or
prostheses,
unless
the
work
is
performed
under
the
supervision
of
a
licensed
orthotist
or
Senate
File
364,
p.
12
prosthetist.
b.
An
assistant
may
perform
orthotic
or
prosthetic
procedures
and
related
tasks
in
the
management
of
patient
care.
An
assistant
may
also
fabricate,
repair,
and
maintain
orthoses
and
prostheses.
2.
A
technician
may
assist
a
person
licensed
under
this
chapter
with
fabrication
of
orthoses,
prostheses,
or
pedorthic
devices
but
shall
not
provide
direct
patient
care.
Sec.
19.
NEW
SECTION
.
148F.7
Limitation
on
provision
of
care
and
services.
A
licensed
orthotist,
prosthetist,
or
pedorthist
may
provide
care
or
services
only
if
the
care
or
services
are
provided
pursuant
to
an
order
from
a
licensed
physician,
a
licensed
podiatric
physician,
an
advanced
registered
nurse
practitioner
who
has
a
written
collaborative
agreement
with
a
collaborating
physician
or
podiatric
physician
that
specifically
authorizes
ordering
the
services
of
an
orthotist,
prosthetist,
or
pedorthist,
an
advanced
registered
nurse
practitioner
who
practices
in
a
hospital
or
ambulatory
surgical
treatment
center
and
possesses
clinical
privileges
to
order
services
of
an
orthotist,
prosthetist,
or
pedorthist,
or
a
physician
assistant
who
has
been
delegated
the
authority
to
order
the
services
of
an
orthotist,
prosthetist,
or
pedorthist
by
the
assistant’s
supervising
physician.
A
licensed
podiatric
physician
or
an
advanced
registered
nurse
practitioner
collaborating
with
a
podiatric
physician
may
only
order
care
or
services
concerning
the
foot
from
a
licensed
pedorthist
or
orthotist.
Sec.
20.
NEW
SECTION
.
148F.8
Penalties.
1.
If
any
person,
company,
or
other
entity
violates
a
provision
of
this
chapter,
the
attorney
general
may
petition
for
an
order
enjoining
the
violation
or
for
an
order
enforcing
compliance
with
this
chapter.
Upon
the
filing
of
a
verified
petition
in
court,
the
court
may
issue
a
temporary
restraining
order,
without
notice
or
bond,
and
may
preliminarily
and
permanently
enjoin
the
violation.
If
it
is
established
that
the
person,
company,
or
other
entity
has
violated
or
is
violating
the
injunction,
the
court
may
punish
the
offender
for
contempt
of
court.
Proceedings
under
this
section
shall
be
in
addition
to,
and
not
in
lieu
of,
all
other
remedies
and
penalties
provided
in
this
chapter.
2.
If
a
person
practices
as
an
orthotist,
prosthetist,
or
pedorthist
or
represents
the
person
as
such
without
being
licensed
under
the
provisions
of
this
chapter,
then
any
other
Senate
File
364,
p.
13
licensed
orthotist,
pedorthist,
or
prosthetist,
any
interested
party,
or
any
person
injured
by
the
person
may
petition
for
relief
as
provided
in
subsection
1.
3.
If
a
company
or
other
entity
holds
itself
out
to
provide
orthotic,
prosthetic,
or
pedorthic
services
without
having
an
orthotist,
prosthetist,
or
pedorthist
licensed
under
the
provisions
of
this
chapter
on
its
staff
to
provide
those
services,
then
any
other
licensed
orthotist,
prosthetist,
or
pedorthist
or
any
interested
party
or
injured
person
may
petition
for
relief
as
provided
in
subsection
1.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
364,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor