Bill Text: MN SF1824 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Orthotics, Prosthetics and Pedorthics Practice Act
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-25 - Referred to Health, Human Services and Housing [SF1824 Detail]
Download: Minnesota-2013-SF1824-Introduced.html
1.2relating to health; regulating the practice of orthotics, prosthetics, and pedorthics;
1.3requiring licensure; providing fees;proposing coding for new law as Minnesota
1.4Statutes, chapter 153B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [153B.10] SHORT TITLE.
1.7Chapter 153B may be cited as the Orthotics, Prosthetics, and Pedorthics Practice Act.
1.8 Sec. 2. [153B.15] DEFINITIONS.
1.9(a) For purposes of this act, the following words have the meanings given.
1.10(b) "Advisory council" means the Orthotics, Prosthetics, and Pedorthics Advisory
1.11Council established under section 153B.25.
1.12(c) "Board" means the Board of Podiatric Medicine.
1.13(d) "Custom-fabricated device" means an orthosis or pedorthic device made to patient
1.14measurements, sized or modified for use by the patient in accordance with a prescription,
1.15and which requires clinical and technical judgment and substantive alteration in its design.
1.16(e) "Licensed assistant" means a person, licensed by the board, who is educated
1.17and trained to participate in comprehensive orthotic and prosthetic care while under the
1.18supervision of a licensed orthotist or licensed prosthetist. Assistants may perform orthotic
1.19and prosthetic procedures and related tasks in the management of patient care. The
1.20assistant may fabricate, repair, and maintain orthoses and prostheses.
1.21(f) "Licensed orthotic fitter" means a person licensed by the board who is
1.22educated and trained in providing certain orthoses, and is trained to conduct patient
1.23assessments, formulate treatment plans, implement treatment plans, perform follow-up,
2.1and practice management. An orthotic fitter must be competent to fit certain custom-fitted,
2.2prefabricated, and off-the-shelf orthoses as follows:
2.3(1) cervical orthoses, except those used to treat an unstable cervical condition;
2.4(2) prefabricated orthoses for the upper and lower extremities, except those used in
2.5the initial or acute treatment of long bone fractures and dislocations, therapeutic shoes and
2.6inserts needed as a result of diabetes, and functional electrical stimulation orthoses;
2.7(3) prefabricated spinal orthoses, except those used in the treatment of scoliosis or
2.8unstable spinal conditions, including halo cervical orthoses;
2.9(4) pressure gradient garments; and
2.10(5) trusses.
2.11(g) "Licensed orthotist" means a person licensed by the board who is educated and
2.12trained to practice orthotics, which includes managing comprehensive orthotic patient
2.13care. The use of the following titles, terms, or representations to the public is limited to a
2.14person who is licensed under this chapter as an orthotist: "orthosis," "orthotist," "brace,"
2.15or similar name or description of services.
2.16(h) "Licensed mastectomy fitter" means a person licensed by the board who
2.17is educated and trained in providing breast prostheses and postmastectomy services
2.18including patient assessment, and who formulates treatment plans, implements treatment
2.19plans, and performs follow-up and practice management duties.
2.20(i) "Licensed pedorthist" means a person licensed by the board who is educated and
2.21trained to manage comprehensive pedorthic patient care under an order from a physician
2.22or a podiatric physician including patient assessment, and who formulates and implements
2.23treatment plans, and performs follow-up and practice management. A pedorthist may fit,
2.24fabricate, adjust, or modify devices within the scope of the pedorthist's education and
2.25training. Use of the following titles, terms, or representations to the public is limited to a
2.26person who is licensed under this chapter as a pedorthist: "pedorthic device," "pedorthist,"
2.27or a similar title or description of services.
2.28(j) "Licensed prosthetist" means a person licensed by the board who is educated and
2.29trained to manage comprehensive prosthetic patient care including patient assessment,
2.30and who formulates and implements treatment plans, and performs follow-up and practice
2.31management. Use of the following titles, terms, or representations to the public is limited
2.32to a person who is licensed under this chapter as a prosthetist: "prosthesis," "prosthetist,"
2.33"artificial limb," or similar title or description of services.
2.34(k) "Licensed technician" means a person licensed by the board who assists an
2.35orthotist or prosthetist by providing technical support, including fabrication, repairs, and
2.36maintenance of orthoses and prostheses. A technician must be trained to be proficient in
3.1current fabricating techniques, familiar with material properties, and skilled in the use of
3.2appropriate equipment as defined by the board.
3.3(l) "Licensed therapeutic shoe fitter" means a person licensed by the board who is
3.4specifically educated and trained to provide noncustom therapeutic shoes and noncustom
3.5multidensity inserts. A therapeutic shoe fitter provides patient assessment, formulates and
3.6implements treatment plans, and performs follow-up and practice management duties.
3.7(m) "Orthosis" means a custom-designed, custom-fabricated, custom-fitted,
3.8prefabricated, and modified device to treat a neuromusculoskeletal disorder or acquired
3.9condition. Orthosis does not include items sold over the counter.
3.10(n) "Orthotic and prosthetic education program" means an educational program
3.11accredited by the Commission on Accreditation of Allied Health Education Programs
3.12(CAAHEP), consisting of:
3.13(1) a basic curriculum or college level instruction in mathematics, physics, biology,
3.14chemistry, and psychology; and
3.15(2) a specific curriculum of orthotics or prosthetics courses that includes:
3.16(i) anatomy, biomechanics, pathomechanics, prosthetic-orthotic components and
3.17materials, gait training, and functional assessment; prosthetic or orthotic performance
3.18evaluation; prescription considerations; etiology of amputations and disease processes
3.19necessitating prosthetic or orthotic use; and medical management;
3.20(ii) lectures related to pediatric, adult, and geriatric problems;
3.21(iii) instruction in acute care techniques, including immediate and early postsurgical
3.22prosthetics and fracture management techniques; and
3.23(iv) lectures, demonstrations, and laboratory experiences related to evaluating,
3.24measuring, casting, fitting, fabricating, aligning, and completing prostheses and orthoses;
3.25(o) "Orthotics" means the science and practice of evaluating, measuring, designing,
3.26fabricating, assembling, fitting, adjusting, or servicing an orthosis or pedorthic device
3.27under an order from a prescribing health care professional for the correction or alleviation
3.28of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.
3.29(p) "Over-the-counter" means a prefabricated, mass-produced item that is
3.30prepackaged and requires no professional advice or judgment in size selection or use.
3.31(q) "Off-the-shelf" means a prefabricated device sized or modified for use by the
3.32patient pursuant to a prescription and which does not require substantial clinical judgment
3.33and substantive alteration for use.
3.34(r) "Pedorthic device" means therapeutic shoes, shoe modifications made for
3.35therapeutic purposes, below-the-ankle partial foot prostheses, foot orthoses, and
3.36subtalar-control foot orthoses to control the range of motion of the subtalar joint.
4.1A prescription is required for any pedorthic device, modification, or prefabricated
4.2below-the-knee orthosis addressing a medical condition that originates at the ankle or
4.3below. Pedorthic devices do not include nontherapeutic inlays or footwear regardless
4.4of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or
4.5prefabricated foot care products.
4.6(s) "Pedorthic education program" means an education program approved by the
4.7National Commissioner on Orthotic and Prosthetic Education (NCOPE) that includes:
4.8(1) a basic curriculum of instruction in the foot-related pathology of diseases,
4.9anatomy, and biomechanics; and
4.10(2) a specific curriculum of pedorthic courses that includes lectures on shoes, foot
4.11orthoses, and shoe modifications; pedorthic components and materials; training and
4.12functional capabilities; pedorthic performance evaluation; prescription considerations;
4.13etiology of disease processes necessitating the use of pedorthic devices; medical
4.14management; pediatric, adult, and geriatric issues; and lectures, demonstrations, and
4.15laboratory experiences related to measuring, casting, fitting, fabricating, aligning, and
4.16completing pedorthic devices.
4.17(t) "Pedorthics" means the science and practice of evaluating, measuring, designing,
4.18fabricating, assembling, fitting, adjusting, or servicing a pedorthic device under an
4.19order from a prescribing health care professional for the correction or alleviation of
4.20neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice
4.21of pedorthics includes providing patient care and services by or under the direction and
4.22supervision of a licensed physician or podiatric physician to prevent or ameliorate painful
4.23or disabling conditions of the foot and ankle.
4.24(u) "Prosthesis" means a custom-designed, fabricated, fitted, or modified device to
4.25treat partial or total limb loss for purposes of restoring physiological function or cosmesis.
4.26Prosthesis does not include artificial eyes, ears, fingers, or toes; dental appliances; or
4.27cosmetic devices that do not have a significant impact on the musculoskeletal functions of
4.28the body.
4.29(v) "Prosthetics" means the science and practice of evaluating, measuring, designing,
4.30fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a
4.31prescribing health care professional.
4.32(w) "Prosthetist/Orthotist" means a person who practices prosthetics and orthotics.
4.33(x) "Resident" means a person who has completed a CAAHEP accredited education
4.34program in orthotics or prosthetics and is receiving clinical training in a residency
4.35accredited by NCOPE.
5.1(y) "Residency" means a minimum of a one-year NCOPE-accredited program to
5.2acquire practical clinical training in orthotics and prosthetics in a patient care setting.
5.3(z) "Supervisor" means the licensed orthotist, prosthetist, or pedorthist who oversees
5.4and is responsible for the delivery of appropriate, effective, ethical, and safe orthotic,
5.5prosthetic, or pedorthic patient care.
5.6 Sec. 3. [153B.20] EXCEPTIONS.
5.7Nothing in this chapter shall prohibit:
5.8(1) a physician licensed under chapter 147 from providing services within the
5.9physician's scope of practice;
5.10(2) a professional regulated in this state from providing services within the
5.11professional's scope of practice;
5.12(3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed
5.13by the federal government or any bureau, division, or agency of the federal government
5.14while in the discharge of the employee's official duties;
5.15(4) the practice of orthotics, prosthetics, or pedorthics by:
5.16(i) a student enrolled in an accredited or approved orthotics, prosthetics, or
5.17pedorthics education program;
5.18(ii) a resident enrolled in an NCOPE-accredited residency program; or
5.19(iii) a person working in a qualified, supervised work experience or internship who
5.20is obtaining the clinical experience necessary for licensure under this chapter; or
5.21(5) an orthotist, prosthetist, pedorthist, assistant, fitter, or technician who is licensed
5.22in another state or territory of the United States or in another country if that jurisdiction's
5.23licensing requirements are equivalent to or exceed the requirements in this chapter and
5.24the individual is qualified and has applied for licensure under this chapter. The individual
5.25shall be allowed to practice for no longer than six months following the filing of the
5.26application for licensure, until the individual withdraws the application for licensure
5.27or the board denies the license.
5.28 Sec. 4. [153B.25] ORTHOTICS, PROSTHETICS, AND PEDORTHICS
5.29ADVISORY COUNCIL.
5.30 Subdivision 1. Creation; membership. (a) There is established an Orthotics,
5.31Prosthetics, and Pedorthics Advisory Council which shall consist of seven voting members
5.32appointed by the board. Five members must be licensed and practicing orthotists,
5.33prosthetists, or pedorthists. Each profession must be represented on the advisory council.
6.1One member shall be a Minnesota licensed physician and one member shall be a public
6.2member.
6.3(b) The council shall be organized and administered under section 15.059.
6.4 Subd. 2. Duties. The advisory council shall:
6.5(1) advise the board on enforcement of the provisions contained in this chapter;
6.6(2) review applications and make recommendations to the board on granting or
6.7denying licensure or license renewal;
6.8(3) review reports of investigations or complaints relating to individuals and make
6.9recommendations to the board as to whether a license should be denied or disciplinary
6.10action taken against an individual;
6.11(4) advise the board regarding standards for licensure of professionals under this
6.12chapter; and
6.13(5) perform other duties authorized for advisory councils by chapter 214, as directed
6.14by the board.
6.15 Sec. 5. [153B.30] LICENSURE.
6.16 Subdivision 1. Application. An application for an initial license shall be submitted
6.17to the board in the format required by the board and shall be accompanied by the required
6.18fee, which is nonrefundable.
6.19 Subd. 2. Qualifications. (a) To be eligible for licensure as an orthotist or prosthetist,
6.20a person shall:
6.21(1) possess a baccalaureate or higher degree from an accredited college or university;
6.22(2) complete a CAAHEP-accredited education program in orthotics or prosthetics;
6.23(3) complete residency requirements in the discipline for which a license is sought;
6.24and
6.25(4) pass all examinations required by the board.
6.26(b) To be eligible for licensure as a pedorthist, a person shall:
6.27(1) possess a high school diploma or GED;
6.28(2) complete an NCOPE-approved pedorthic education program;
6.29(3) have at least 1,000 hours of pedorthic patient care experience; and
6.30(4) pass all examinations required by the board.
6.31(c) To be eligible for a license to practice as an assistant, a person shall:
6.32(1) possess a high school diploma or GED;
6.33(2) present evidence satisfactory to the board that the applicant has completed an
6.34education program, including courses in the anatomical, biological, and physical sciences;
7.1(3) complete 1,000 hours of experience in orthotics or prosthetics as approved by
7.2the board; and
7.3(4) pass all examinations required by the board.
7.4(d) To be eligible for licensure as an orthotic fitter a person shall:
7.5(1) possess a high school diploma or GED;
7.6(2) complete an NCOPE-approved orthotic fitter course;
7.7(3) complete 1,000 hours of experience in orthotic fitting as approved by the board;
7.8and
7.9(4) pass all examinations required by the board.
7.10(e) To be eligible for licensure as a mastectomy fitter a person shall:
7.11(1) possess a high school diploma or GED;
7.12(2) complete an NCOPE-approved mastectomy fitter course;
7.13(3) complete 500 hours of mastectomy fitting experience as approved by the board;
7.14and
7.15(4) pass all examinations required by the board.
7.16(f) To be eligible for licensure as a therapeutic shoe fitter a person shall:
7.17(1) possess a high school diploma or GED;
7.18(2) complete an NCOPE-approved therapeutic shoe fitter course;
7.19(3) complete 250 hours of therapeutic shoe fitting experience as approved by the
7.20board; and
7.21(4) pass all examinations required by the board.
7.22(g) To qualify for a license to practice as an orthotic or prosthetic technician a person
7.23shall:
7.24(1) possess a high school diploma or GED and:
7.25(i) complete an NCOPE-approved orthotic or prosthetic technician program; or
7.26(ii) have two years of technician experience in the discipline for which licensure is
7.27sought under the direct supervision of a practitioner certified by the American Board for
7.28Certification in Orthotics, Prosthetics, and Pedorthics (ABC); or
7.29(2) in the case of employment at an orthotic or prosthetic central fabrication facility,
7.30have two years of supervision by an ABC-registered technician; and
7.31(3) pass all examinations required by the board.
7.32 Subd. 3. Examination requirement. (a) The board may authorize examinations of
7.33applicants at times and places it determines. The examination shall assess the competency
7.34and the qualifications of the applicant to practice in their specific discipline.
7.35(b) Applicants shall be required to pay a nonrefundable examination fee to the
7.36board or to the examination service.
8.1(c) An applicant who neglects, fails, or refuses to take an examination or fails to pass
8.2an examination within three years after filing an application for licensure shall be denied a
8.3license. The applicant may submit a new application for examination accompanied by
8.4the nonrefundable fee and must provide proof of meeting qualification for licensure in
8.5effect at the time of the new application.
8.6(d) The board shall establish the maximum number of attempts that an applicant may
8.7make to pass the examination within a specified period of time. The board may require
8.8additional training for the applicant before permitting a reexamination.
8.9(e) The board may use consultants for the purpose of preparing and conducting
8.10examinations.
8.11 Sec. 6. [153B.35] TRANSITION PERIOD.
8.12(a) Until January 1, 2016, a person certified as a Certified Fitter-orthotics, Certified
8.13Fitter-mastectomy, Certified Fitter-therapeutic shoes, Certified Pedorthist, Certified
8.14Orthotist, Certified Prosthetist, or Certified Prosthetist/Orthotist by the ABC or holding
8.15similar certifications from other certifying bodies with equivalent education and
8.16experience requirements and examination standards may apply for and shall be granted
8.17licensure upon payment of the required fee. After that date, any applicant for licensure
8.18must meet the requirements of this chapter.
8.19(b) Until January 1, 2016, a person credentialed as a Registered Orthotic Assistant,
8.20Registered Prosthetic Assistant, Registered Prosthetic/Orthotic Assistant, Registered
8.21Orthotic Technician, Registered Prosthetic Technician, or Registered Prosthetic/Orthotic
8.22Technician by the ABC or holding similar certifications from other certifying bodies with
8.23equivalent education and experience requirements and examination standards may apply
8.24for and shall be granted licensure upon payment of the required fee. After that date, any
8.25applicant for licensure must meet the requirements of this chapter.
8.26(c) On or after January 1, 2016, no person shall practice orthotics, prosthetics, or
8.27pedorthics in this state or make representation that the person is able to practice in the
8.28profession unless the person is licensed under this chapter.
8.29 Sec. 7. [153B.40] LICENSE RENEWAL; RESTORATION; MILITARY
8.30SERVICE.
8.31(a) A license to practice is valid for two years from the date of issuance. At the time
8.32of license renewal, the licensee must provide verification to the board that the licensee
8.33is in compliance with continuing education requirements.
9.1(b) If a license is not renewed or is placed on inactive status, a person may have
9.2the license restored by:
9.3(1) making application to the board;
9.4(2) submitting the required nonrefundable restoration fee; and
9.5(3) filing proof acceptable to the board of fitness to practice, including verification
9.6of active practice in another jurisdiction.
9.7(c) A licensee whose license has expired while on active duty in the armed forces
9.8of the United States, with the National Guard called into service or training, or while in
9.9training or education preliminary to induction into military service may have the licensee's
9.10license renewed or restored without paying a lapsed renewal fee if the licensee provides
9.11verification to the board within two years of the termination of service obligation.
9.12 Sec. 8. [153B.45] INACTIVE STATUS.
9.13(a) A licensee who notifies the board in the format required by the board may elect
9.14to place the licensee's credential on inactive status and shall be excused from payment
9.15of renewal fees until the licensee notifies the board in the format required by the board
9.16of the licensee's plan to return to practice.
9.17(b) A person requesting restoration from inactive status shall be required to pay the
9.18current renewal fee and comply with section 153B.40.
9.19(c) A person whose license has been placed on inactive status shall not practice in
9.20this state.
9.21 Sec. 9. [153B.50] ENDORSEMENT.
9.22The board may license without examination and on payment of the required fee an
9.23applicant who is an orthotist, prosthetist, pedorthist, assistant, fitter, or technician who is:
9.24(1) licensed under the laws of another state, territory, or country, if the requirements
9.25for licensure in that state, territory, or country are equal to or higher than the requirements
9.26for licensure in Minnesota; or
9.27(2) certified by the ABC or a national certification organization with educational,
9.28experiential, and testing standards equal to or higher than the licensing requirements
9.29in Minnesota.
9.30 Sec. 10. [153B.55] GROUNDS FOR DISCIPLINARY ACTION.
9.31(a) The board may refuse to issue or renew a license, revoke or suspend a license, or
9.32place on probation or reprimand a licensee for one or any combination of the following:
9.33(1) making a material misstatement in furnishing information to the board;
10.1(2) violating or intentionally disregarding the requirements of this chapter;
10.2(3) being convicted of any crime under the laws of the United States or of a state or
10.3territory of the United States which is a felony or misdemeanor, an essential element of
10.4which is dishonesty or is directly related to the practice of the profession;
10.5(4) making a misrepresentation in order to obtain or renew a license;
10.6(5) displaying a pattern of practice or other behavior that demonstrates incapacity or
10.7incompetence to practice;
10.8(6) aiding or assisting another person in violating the provisions of this chapter;
10.9(7) failing to provide information within 60 days in response to a written request
10.10from the board;
10.11(8) engaging in dishonorable, unethical, or unprofessional conduct;
10.12(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
10.13(10) inability to practice due to habitual intoxication, addiction to drugs, or mental
10.14or physical illness;
10.15(11) being disciplined by another state or territory of the United States, the federal
10.16government, or foreign nation, if at least one of the grounds for the discipline is the same
10.17or substantially equivalent to one of the grounds in this section;
10.18(12) directly or indirectly giving to or receiving from a person, firm, corporation,
10.19partnership, or association a fee, commission, rebate, or other form of compensation for
10.20professional services not actually or personally rendered;
10.21(13) incurring a finding by the board that the licensee, after the licensee has been
10.22placed on probationary status, has violated the conditions of the probation;
10.23(14) abandoning a patient or client;
10.24(15) willfully making or filing false records or reports in the course of the licensee's
10.25practice including, but not limited to, false records or reports filed with state or federal
10.26agencies;
10.27(16) willfully failing to report suspected child maltreatment as required under the
10.28Maltreatment of Minors Act, section 626.556; and
10.29(17) soliciting professional services using false or misleading advertising.
10.30(b) A license to practice is automatically suspended if (1) a guardian of a licensee is
10.31appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
10.32other than the minority of the licensee; or (2) the licensee is committed by order of a court
10.33pursuant to chapter 253B. The license remains suspended until the licensee is restored to
10.34capacity by a court and, upon petition by the licensee, the suspension is terminated by the
10.35board after a hearing. The licensee may be reinstated to practice, either with or without
10.36restrictions, by demonstrating clear and convincing evidence of rehabilitation. The
11.1regulated person is not required to prove rehabilitation if the subsequent court decision
11.2overturns previous court findings of public risk.
11.3(c) If the board has probable cause to believe that a licensee or applicant has violated
11.4paragraph (a), clause (10), it may direct the person to submit to a mental or physical
11.5examination. For the purpose of this section, every person is deemed to have consented to
11.6submit to a mental or physical examination when directed in writing by the board and to
11.7have waived all objections to the admissibility of the examining physician's testimony or
11.8examination report on the grounds that the testimony or report constitutes a privileged
11.9communication. Failure of a regulated person to submit to an examination when directed
11.10constitutes an admission of the allegations against the person, unless the failure was due to
11.11circumstances beyond the person's control, in which case a default and final order may be
11.12entered without the taking of testimony or presentation of evidence. A regulated person
11.13affected under this paragraph shall at reasonable intervals be given an opportunity to
11.14demonstrate that the person can resume the competent practice of the regulated profession
11.15with reasonable skill and safety to the public. In any proceeding under this paragraph,
11.16neither the record of proceedings nor the orders entered by the board shall be used against
11.17a regulated person in any other proceeding.
11.18(d) In addition to ordering a physical or mental examination, the board may,
11.19notwithstanding section 13.384 or 144.651 or any other law limiting access to medical or
11.20other health data, obtain medical data and health records relating to a licensee or applicant
11.21without the person's or applicant's consent if the board has probable cause to believe that
11.22a licensee comes under paragraph (a), clause (10). The medical data may be requested
11.23from a provider as defined in section 144.291, subdivision 2, paragraph (h), an insurance
11.24company, or a government agency, including the Department of Human Services. A
11.25provider, insurance company, or government agency shall comply with any written request
11.26of the board under this subdivision and is not liable in any action for damages for releasing
11.27the data requested by the board if the data are released pursuant to a written request under
11.28this subdivision, unless the information is false and the provider giving the information
11.29knew, or had reason to know, the information was false. Information obtained under this
11.30subdivision is classified as private under sections 13.01 to 13.87.
11.31(e) If the board issues an order of immediate suspension of a license, a hearing must
11.32be held within 15 days of the suspension and completed without delay.
11.33 Sec. 11. [153B.60] INVESTIGATION; NOTICE AND HEARINGS.
11.34The board has the authority to investigate alleged violations of this chapter, conduct
11.35hearings, and impose corrective or disciplinary action as provided in section 214.103.
12.1 Sec. 12. [153B.65] UNLICENSED PRACTICE.
12.2Any person who practices or makes a representation that the person is an orthotist,
12.3prosthetist, pedorthist, assistant, fitter, or technician without a license shall be guilty of a
12.4misdemeanor. The board shall have the authority to seek a cease and desist order against any
12.5individual who is engaged in the unlicensed practice of a profession regulated by the board.
12.6 Sec. 13. [153B.70] FEES.
12.7(a) The application fee for initial licensure is $.......
12.8(b) The biennial renewal fee for a license to practice as an orthotist or prosthetist is
12.9$.......
12.10(c) The biennial renewal fee for a license to practice as a pedorthist is $.......
12.11(d) The biennial renewal fee for a license to practice as an assistant or a fitter is $.......
12.12(e) The biennial renewal fee for a license to practice as a technician is $.......
12.13(f) The fee for license restoration is $.......
12.14 Sec. 14. EFFECTIVE DATE.
12.15Sections 1 to 13 are effective January 1, 2015.
1.3requiring licensure; providing fees;proposing coding for new law as Minnesota
1.4Statutes, chapter 153B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [153B.10] SHORT TITLE.
1.7Chapter 153B may be cited as the Orthotics, Prosthetics, and Pedorthics Practice Act.
1.8 Sec. 2. [153B.15] DEFINITIONS.
1.9(a) For purposes of this act, the following words have the meanings given.
1.10(b) "Advisory council" means the Orthotics, Prosthetics, and Pedorthics Advisory
1.11Council established under section 153B.25.
1.12(c) "Board" means the Board of Podiatric Medicine.
1.13(d) "Custom-fabricated device" means an orthosis or pedorthic device made to patient
1.14measurements, sized or modified for use by the patient in accordance with a prescription,
1.15and which requires clinical and technical judgment and substantive alteration in its design.
1.16(e) "Licensed assistant" means a person, licensed by the board, who is educated
1.17and trained to participate in comprehensive orthotic and prosthetic care while under the
1.18supervision of a licensed orthotist or licensed prosthetist. Assistants may perform orthotic
1.19and prosthetic procedures and related tasks in the management of patient care. The
1.20assistant may fabricate, repair, and maintain orthoses and prostheses.
1.21(f) "Licensed orthotic fitter" means a person licensed by the board who is
1.22educated and trained in providing certain orthoses, and is trained to conduct patient
1.23assessments, formulate treatment plans, implement treatment plans, perform follow-up,
2.1and practice management. An orthotic fitter must be competent to fit certain custom-fitted,
2.2prefabricated, and off-the-shelf orthoses as follows:
2.3(1) cervical orthoses, except those used to treat an unstable cervical condition;
2.4(2) prefabricated orthoses for the upper and lower extremities, except those used in
2.5the initial or acute treatment of long bone fractures and dislocations, therapeutic shoes and
2.6inserts needed as a result of diabetes, and functional electrical stimulation orthoses;
2.7(3) prefabricated spinal orthoses, except those used in the treatment of scoliosis or
2.8unstable spinal conditions, including halo cervical orthoses;
2.9(4) pressure gradient garments; and
2.10(5) trusses.
2.11(g) "Licensed orthotist" means a person licensed by the board who is educated and
2.12trained to practice orthotics, which includes managing comprehensive orthotic patient
2.13care. The use of the following titles, terms, or representations to the public is limited to a
2.14person who is licensed under this chapter as an orthotist: "orthosis," "orthotist," "brace,"
2.15or similar name or description of services.
2.16(h) "Licensed mastectomy fitter" means a person licensed by the board who
2.17is educated and trained in providing breast prostheses and postmastectomy services
2.18including patient assessment, and who formulates treatment plans, implements treatment
2.19plans, and performs follow-up and practice management duties.
2.20(i) "Licensed pedorthist" means a person licensed by the board who is educated and
2.21trained to manage comprehensive pedorthic patient care under an order from a physician
2.22or a podiatric physician including patient assessment, and who formulates and implements
2.23treatment plans, and performs follow-up and practice management. A pedorthist may fit,
2.24fabricate, adjust, or modify devices within the scope of the pedorthist's education and
2.25training. Use of the following titles, terms, or representations to the public is limited to a
2.26person who is licensed under this chapter as a pedorthist: "pedorthic device," "pedorthist,"
2.27or a similar title or description of services.
2.28(j) "Licensed prosthetist" means a person licensed by the board who is educated and
2.29trained to manage comprehensive prosthetic patient care including patient assessment,
2.30and who formulates and implements treatment plans, and performs follow-up and practice
2.31management. Use of the following titles, terms, or representations to the public is limited
2.32to a person who is licensed under this chapter as a prosthetist: "prosthesis," "prosthetist,"
2.33"artificial limb," or similar title or description of services.
2.34(k) "Licensed technician" means a person licensed by the board who assists an
2.35orthotist or prosthetist by providing technical support, including fabrication, repairs, and
2.36maintenance of orthoses and prostheses. A technician must be trained to be proficient in
3.1current fabricating techniques, familiar with material properties, and skilled in the use of
3.2appropriate equipment as defined by the board.
3.3(l) "Licensed therapeutic shoe fitter" means a person licensed by the board who is
3.4specifically educated and trained to provide noncustom therapeutic shoes and noncustom
3.5multidensity inserts. A therapeutic shoe fitter provides patient assessment, formulates and
3.6implements treatment plans, and performs follow-up and practice management duties.
3.7(m) "Orthosis" means a custom-designed, custom-fabricated, custom-fitted,
3.8prefabricated, and modified device to treat a neuromusculoskeletal disorder or acquired
3.9condition. Orthosis does not include items sold over the counter.
3.10(n) "Orthotic and prosthetic education program" means an educational program
3.11accredited by the Commission on Accreditation of Allied Health Education Programs
3.12(CAAHEP), consisting of:
3.13(1) a basic curriculum or college level instruction in mathematics, physics, biology,
3.14chemistry, and psychology; and
3.15(2) a specific curriculum of orthotics or prosthetics courses that includes:
3.16(i) anatomy, biomechanics, pathomechanics, prosthetic-orthotic components and
3.17materials, gait training, and functional assessment; prosthetic or orthotic performance
3.18evaluation; prescription considerations; etiology of amputations and disease processes
3.19necessitating prosthetic or orthotic use; and medical management;
3.20(ii) lectures related to pediatric, adult, and geriatric problems;
3.21(iii) instruction in acute care techniques, including immediate and early postsurgical
3.22prosthetics and fracture management techniques; and
3.23(iv) lectures, demonstrations, and laboratory experiences related to evaluating,
3.24measuring, casting, fitting, fabricating, aligning, and completing prostheses and orthoses;
3.25(o) "Orthotics" means the science and practice of evaluating, measuring, designing,
3.26fabricating, assembling, fitting, adjusting, or servicing an orthosis or pedorthic device
3.27under an order from a prescribing health care professional for the correction or alleviation
3.28of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.
3.29(p) "Over-the-counter" means a prefabricated, mass-produced item that is
3.30prepackaged and requires no professional advice or judgment in size selection or use.
3.31(q) "Off-the-shelf" means a prefabricated device sized or modified for use by the
3.32patient pursuant to a prescription and which does not require substantial clinical judgment
3.33and substantive alteration for use.
3.34(r) "Pedorthic device" means therapeutic shoes, shoe modifications made for
3.35therapeutic purposes, below-the-ankle partial foot prostheses, foot orthoses, and
3.36subtalar-control foot orthoses to control the range of motion of the subtalar joint.
4.1A prescription is required for any pedorthic device, modification, or prefabricated
4.2below-the-knee orthosis addressing a medical condition that originates at the ankle or
4.3below. Pedorthic devices do not include nontherapeutic inlays or footwear regardless
4.4of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or
4.5prefabricated foot care products.
4.6(s) "Pedorthic education program" means an education program approved by the
4.7National Commissioner on Orthotic and Prosthetic Education (NCOPE) that includes:
4.8(1) a basic curriculum of instruction in the foot-related pathology of diseases,
4.9anatomy, and biomechanics; and
4.10(2) a specific curriculum of pedorthic courses that includes lectures on shoes, foot
4.11orthoses, and shoe modifications; pedorthic components and materials; training and
4.12functional capabilities; pedorthic performance evaluation; prescription considerations;
4.13etiology of disease processes necessitating the use of pedorthic devices; medical
4.14management; pediatric, adult, and geriatric issues; and lectures, demonstrations, and
4.15laboratory experiences related to measuring, casting, fitting, fabricating, aligning, and
4.16completing pedorthic devices.
4.17(t) "Pedorthics" means the science and practice of evaluating, measuring, designing,
4.18fabricating, assembling, fitting, adjusting, or servicing a pedorthic device under an
4.19order from a prescribing health care professional for the correction or alleviation of
4.20neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice
4.21of pedorthics includes providing patient care and services by or under the direction and
4.22supervision of a licensed physician or podiatric physician to prevent or ameliorate painful
4.23or disabling conditions of the foot and ankle.
4.24(u) "Prosthesis" means a custom-designed, fabricated, fitted, or modified device to
4.25treat partial or total limb loss for purposes of restoring physiological function or cosmesis.
4.26Prosthesis does not include artificial eyes, ears, fingers, or toes; dental appliances; or
4.27cosmetic devices that do not have a significant impact on the musculoskeletal functions of
4.28the body.
4.29(v) "Prosthetics" means the science and practice of evaluating, measuring, designing,
4.30fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a
4.31prescribing health care professional.
4.32(w) "Prosthetist/Orthotist" means a person who practices prosthetics and orthotics.
4.33(x) "Resident" means a person who has completed a CAAHEP accredited education
4.34program in orthotics or prosthetics and is receiving clinical training in a residency
4.35accredited by NCOPE.
5.1(y) "Residency" means a minimum of a one-year NCOPE-accredited program to
5.2acquire practical clinical training in orthotics and prosthetics in a patient care setting.
5.3(z) "Supervisor" means the licensed orthotist, prosthetist, or pedorthist who oversees
5.4and is responsible for the delivery of appropriate, effective, ethical, and safe orthotic,
5.5prosthetic, or pedorthic patient care.
5.6 Sec. 3. [153B.20] EXCEPTIONS.
5.7Nothing in this chapter shall prohibit:
5.8(1) a physician licensed under chapter 147 from providing services within the
5.9physician's scope of practice;
5.10(2) a professional regulated in this state from providing services within the
5.11professional's scope of practice;
5.12(3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed
5.13by the federal government or any bureau, division, or agency of the federal government
5.14while in the discharge of the employee's official duties;
5.15(4) the practice of orthotics, prosthetics, or pedorthics by:
5.16(i) a student enrolled in an accredited or approved orthotics, prosthetics, or
5.17pedorthics education program;
5.18(ii) a resident enrolled in an NCOPE-accredited residency program; or
5.19(iii) a person working in a qualified, supervised work experience or internship who
5.20is obtaining the clinical experience necessary for licensure under this chapter; or
5.21(5) an orthotist, prosthetist, pedorthist, assistant, fitter, or technician who is licensed
5.22in another state or territory of the United States or in another country if that jurisdiction's
5.23licensing requirements are equivalent to or exceed the requirements in this chapter and
5.24the individual is qualified and has applied for licensure under this chapter. The individual
5.25shall be allowed to practice for no longer than six months following the filing of the
5.26application for licensure, until the individual withdraws the application for licensure
5.27or the board denies the license.
5.28 Sec. 4. [153B.25] ORTHOTICS, PROSTHETICS, AND PEDORTHICS
5.29ADVISORY COUNCIL.
5.30 Subdivision 1. Creation; membership. (a) There is established an Orthotics,
5.31Prosthetics, and Pedorthics Advisory Council which shall consist of seven voting members
5.32appointed by the board. Five members must be licensed and practicing orthotists,
5.33prosthetists, or pedorthists. Each profession must be represented on the advisory council.
6.1One member shall be a Minnesota licensed physician and one member shall be a public
6.2member.
6.3(b) The council shall be organized and administered under section 15.059.
6.4 Subd. 2. Duties. The advisory council shall:
6.5(1) advise the board on enforcement of the provisions contained in this chapter;
6.6(2) review applications and make recommendations to the board on granting or
6.7denying licensure or license renewal;
6.8(3) review reports of investigations or complaints relating to individuals and make
6.9recommendations to the board as to whether a license should be denied or disciplinary
6.10action taken against an individual;
6.11(4) advise the board regarding standards for licensure of professionals under this
6.12chapter; and
6.13(5) perform other duties authorized for advisory councils by chapter 214, as directed
6.14by the board.
6.15 Sec. 5. [153B.30] LICENSURE.
6.16 Subdivision 1. Application. An application for an initial license shall be submitted
6.17to the board in the format required by the board and shall be accompanied by the required
6.18fee, which is nonrefundable.
6.19 Subd. 2. Qualifications. (a) To be eligible for licensure as an orthotist or prosthetist,
6.20a person shall:
6.21(1) possess a baccalaureate or higher degree from an accredited college or university;
6.22(2) complete a CAAHEP-accredited education program in orthotics or prosthetics;
6.23(3) complete residency requirements in the discipline for which a license is sought;
6.24and
6.25(4) pass all examinations required by the board.
6.26(b) To be eligible for licensure as a pedorthist, a person shall:
6.27(1) possess a high school diploma or GED;
6.28(2) complete an NCOPE-approved pedorthic education program;
6.29(3) have at least 1,000 hours of pedorthic patient care experience; and
6.30(4) pass all examinations required by the board.
6.31(c) To be eligible for a license to practice as an assistant, a person shall:
6.32(1) possess a high school diploma or GED;
6.33(2) present evidence satisfactory to the board that the applicant has completed an
6.34education program, including courses in the anatomical, biological, and physical sciences;
7.1(3) complete 1,000 hours of experience in orthotics or prosthetics as approved by
7.2the board; and
7.3(4) pass all examinations required by the board.
7.4(d) To be eligible for licensure as an orthotic fitter a person shall:
7.5(1) possess a high school diploma or GED;
7.6(2) complete an NCOPE-approved orthotic fitter course;
7.7(3) complete 1,000 hours of experience in orthotic fitting as approved by the board;
7.8and
7.9(4) pass all examinations required by the board.
7.10(e) To be eligible for licensure as a mastectomy fitter a person shall:
7.11(1) possess a high school diploma or GED;
7.12(2) complete an NCOPE-approved mastectomy fitter course;
7.13(3) complete 500 hours of mastectomy fitting experience as approved by the board;
7.14and
7.15(4) pass all examinations required by the board.
7.16(f) To be eligible for licensure as a therapeutic shoe fitter a person shall:
7.17(1) possess a high school diploma or GED;
7.18(2) complete an NCOPE-approved therapeutic shoe fitter course;
7.19(3) complete 250 hours of therapeutic shoe fitting experience as approved by the
7.20board; and
7.21(4) pass all examinations required by the board.
7.22(g) To qualify for a license to practice as an orthotic or prosthetic technician a person
7.23shall:
7.24(1) possess a high school diploma or GED and:
7.25(i) complete an NCOPE-approved orthotic or prosthetic technician program; or
7.26(ii) have two years of technician experience in the discipline for which licensure is
7.27sought under the direct supervision of a practitioner certified by the American Board for
7.28Certification in Orthotics, Prosthetics, and Pedorthics (ABC); or
7.29(2) in the case of employment at an orthotic or prosthetic central fabrication facility,
7.30have two years of supervision by an ABC-registered technician; and
7.31(3) pass all examinations required by the board.
7.32 Subd. 3. Examination requirement. (a) The board may authorize examinations of
7.33applicants at times and places it determines. The examination shall assess the competency
7.34and the qualifications of the applicant to practice in their specific discipline.
7.35(b) Applicants shall be required to pay a nonrefundable examination fee to the
7.36board or to the examination service.
8.1(c) An applicant who neglects, fails, or refuses to take an examination or fails to pass
8.2an examination within three years after filing an application for licensure shall be denied a
8.3license. The applicant may submit a new application for examination accompanied by
8.4the nonrefundable fee and must provide proof of meeting qualification for licensure in
8.5effect at the time of the new application.
8.6(d) The board shall establish the maximum number of attempts that an applicant may
8.7make to pass the examination within a specified period of time. The board may require
8.8additional training for the applicant before permitting a reexamination.
8.9(e) The board may use consultants for the purpose of preparing and conducting
8.10examinations.
8.11 Sec. 6. [153B.35] TRANSITION PERIOD.
8.12(a) Until January 1, 2016, a person certified as a Certified Fitter-orthotics, Certified
8.13Fitter-mastectomy, Certified Fitter-therapeutic shoes, Certified Pedorthist, Certified
8.14Orthotist, Certified Prosthetist, or Certified Prosthetist/Orthotist by the ABC or holding
8.15similar certifications from other certifying bodies with equivalent education and
8.16experience requirements and examination standards may apply for and shall be granted
8.17licensure upon payment of the required fee. After that date, any applicant for licensure
8.18must meet the requirements of this chapter.
8.19(b) Until January 1, 2016, a person credentialed as a Registered Orthotic Assistant,
8.20Registered Prosthetic Assistant, Registered Prosthetic/Orthotic Assistant, Registered
8.21Orthotic Technician, Registered Prosthetic Technician, or Registered Prosthetic/Orthotic
8.22Technician by the ABC or holding similar certifications from other certifying bodies with
8.23equivalent education and experience requirements and examination standards may apply
8.24for and shall be granted licensure upon payment of the required fee. After that date, any
8.25applicant for licensure must meet the requirements of this chapter.
8.26(c) On or after January 1, 2016, no person shall practice orthotics, prosthetics, or
8.27pedorthics in this state or make representation that the person is able to practice in the
8.28profession unless the person is licensed under this chapter.
8.29 Sec. 7. [153B.40] LICENSE RENEWAL; RESTORATION; MILITARY
8.30SERVICE.
8.31(a) A license to practice is valid for two years from the date of issuance. At the time
8.32of license renewal, the licensee must provide verification to the board that the licensee
8.33is in compliance with continuing education requirements.
9.1(b) If a license is not renewed or is placed on inactive status, a person may have
9.2the license restored by:
9.3(1) making application to the board;
9.4(2) submitting the required nonrefundable restoration fee; and
9.5(3) filing proof acceptable to the board of fitness to practice, including verification
9.6of active practice in another jurisdiction.
9.7(c) A licensee whose license has expired while on active duty in the armed forces
9.8of the United States, with the National Guard called into service or training, or while in
9.9training or education preliminary to induction into military service may have the licensee's
9.10license renewed or restored without paying a lapsed renewal fee if the licensee provides
9.11verification to the board within two years of the termination of service obligation.
9.12 Sec. 8. [153B.45] INACTIVE STATUS.
9.13(a) A licensee who notifies the board in the format required by the board may elect
9.14to place the licensee's credential on inactive status and shall be excused from payment
9.15of renewal fees until the licensee notifies the board in the format required by the board
9.16of the licensee's plan to return to practice.
9.17(b) A person requesting restoration from inactive status shall be required to pay the
9.18current renewal fee and comply with section 153B.40.
9.19(c) A person whose license has been placed on inactive status shall not practice in
9.20this state.
9.21 Sec. 9. [153B.50] ENDORSEMENT.
9.22The board may license without examination and on payment of the required fee an
9.23applicant who is an orthotist, prosthetist, pedorthist, assistant, fitter, or technician who is:
9.24(1) licensed under the laws of another state, territory, or country, if the requirements
9.25for licensure in that state, territory, or country are equal to or higher than the requirements
9.26for licensure in Minnesota; or
9.27(2) certified by the ABC or a national certification organization with educational,
9.28experiential, and testing standards equal to or higher than the licensing requirements
9.29in Minnesota.
9.30 Sec. 10. [153B.55] GROUNDS FOR DISCIPLINARY ACTION.
9.31(a) The board may refuse to issue or renew a license, revoke or suspend a license, or
9.32place on probation or reprimand a licensee for one or any combination of the following:
9.33(1) making a material misstatement in furnishing information to the board;
10.1(2) violating or intentionally disregarding the requirements of this chapter;
10.2(3) being convicted of any crime under the laws of the United States or of a state or
10.3territory of the United States which is a felony or misdemeanor, an essential element of
10.4which is dishonesty or is directly related to the practice of the profession;
10.5(4) making a misrepresentation in order to obtain or renew a license;
10.6(5) displaying a pattern of practice or other behavior that demonstrates incapacity or
10.7incompetence to practice;
10.8(6) aiding or assisting another person in violating the provisions of this chapter;
10.9(7) failing to provide information within 60 days in response to a written request
10.10from the board;
10.11(8) engaging in dishonorable, unethical, or unprofessional conduct;
10.12(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
10.13(10) inability to practice due to habitual intoxication, addiction to drugs, or mental
10.14or physical illness;
10.15(11) being disciplined by another state or territory of the United States, the federal
10.16government, or foreign nation, if at least one of the grounds for the discipline is the same
10.17or substantially equivalent to one of the grounds in this section;
10.18(12) directly or indirectly giving to or receiving from a person, firm, corporation,
10.19partnership, or association a fee, commission, rebate, or other form of compensation for
10.20professional services not actually or personally rendered;
10.21(13) incurring a finding by the board that the licensee, after the licensee has been
10.22placed on probationary status, has violated the conditions of the probation;
10.23(14) abandoning a patient or client;
10.24(15) willfully making or filing false records or reports in the course of the licensee's
10.25practice including, but not limited to, false records or reports filed with state or federal
10.26agencies;
10.27(16) willfully failing to report suspected child maltreatment as required under the
10.28Maltreatment of Minors Act, section 626.556; and
10.29(17) soliciting professional services using false or misleading advertising.
10.30(b) A license to practice is automatically suspended if (1) a guardian of a licensee is
10.31appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
10.32other than the minority of the licensee; or (2) the licensee is committed by order of a court
10.33pursuant to chapter 253B. The license remains suspended until the licensee is restored to
10.34capacity by a court and, upon petition by the licensee, the suspension is terminated by the
10.35board after a hearing. The licensee may be reinstated to practice, either with or without
10.36restrictions, by demonstrating clear and convincing evidence of rehabilitation. The
11.1regulated person is not required to prove rehabilitation if the subsequent court decision
11.2overturns previous court findings of public risk.
11.3(c) If the board has probable cause to believe that a licensee or applicant has violated
11.4paragraph (a), clause (10), it may direct the person to submit to a mental or physical
11.5examination. For the purpose of this section, every person is deemed to have consented to
11.6submit to a mental or physical examination when directed in writing by the board and to
11.7have waived all objections to the admissibility of the examining physician's testimony or
11.8examination report on the grounds that the testimony or report constitutes a privileged
11.9communication. Failure of a regulated person to submit to an examination when directed
11.10constitutes an admission of the allegations against the person, unless the failure was due to
11.11circumstances beyond the person's control, in which case a default and final order may be
11.12entered without the taking of testimony or presentation of evidence. A regulated person
11.13affected under this paragraph shall at reasonable intervals be given an opportunity to
11.14demonstrate that the person can resume the competent practice of the regulated profession
11.15with reasonable skill and safety to the public. In any proceeding under this paragraph,
11.16neither the record of proceedings nor the orders entered by the board shall be used against
11.17a regulated person in any other proceeding.
11.18(d) In addition to ordering a physical or mental examination, the board may,
11.19notwithstanding section 13.384 or 144.651 or any other law limiting access to medical or
11.20other health data, obtain medical data and health records relating to a licensee or applicant
11.21without the person's or applicant's consent if the board has probable cause to believe that
11.22a licensee comes under paragraph (a), clause (10). The medical data may be requested
11.23from a provider as defined in section 144.291, subdivision 2, paragraph (h), an insurance
11.24company, or a government agency, including the Department of Human Services. A
11.25provider, insurance company, or government agency shall comply with any written request
11.26of the board under this subdivision and is not liable in any action for damages for releasing
11.27the data requested by the board if the data are released pursuant to a written request under
11.28this subdivision, unless the information is false and the provider giving the information
11.29knew, or had reason to know, the information was false. Information obtained under this
11.30subdivision is classified as private under sections 13.01 to 13.87.
11.31(e) If the board issues an order of immediate suspension of a license, a hearing must
11.32be held within 15 days of the suspension and completed without delay.
11.33 Sec. 11. [153B.60] INVESTIGATION; NOTICE AND HEARINGS.
11.34The board has the authority to investigate alleged violations of this chapter, conduct
11.35hearings, and impose corrective or disciplinary action as provided in section 214.103.
12.1 Sec. 12. [153B.65] UNLICENSED PRACTICE.
12.2Any person who practices or makes a representation that the person is an orthotist,
12.3prosthetist, pedorthist, assistant, fitter, or technician without a license shall be guilty of a
12.4misdemeanor. The board shall have the authority to seek a cease and desist order against any
12.5individual who is engaged in the unlicensed practice of a profession regulated by the board.
12.6 Sec. 13. [153B.70] FEES.
12.7(a) The application fee for initial licensure is $.......
12.8(b) The biennial renewal fee for a license to practice as an orthotist or prosthetist is
12.9$.......
12.10(c) The biennial renewal fee for a license to practice as a pedorthist is $.......
12.11(d) The biennial renewal fee for a license to practice as an assistant or a fitter is $.......
12.12(e) The biennial renewal fee for a license to practice as a technician is $.......
12.13(f) The fee for license restoration is $.......
12.14 Sec. 14. EFFECTIVE DATE.
12.15Sections 1 to 13 are effective January 1, 2015.
