US Politics, responses to licensing questions

US Politics, responses to licensing questions

This is a summary of the responses I received to the following question:

I'm licensed in Florida. Am I legally forced to squeal on license-law
violators?

In other words, if I observe or know of an unlicensed O or P practitioner
where I work (or in my locale) who is practicing O or P in violation of
Florida licensing law, am I under legal obligation to report him or her? Am I
in danger of losing my license if I don't? Where can I obtain a copy of the
rules that govern this issue?

Thanks in advance for your answers. As always, I will post the responses.

David Hendricks CPO, LPO


From Daniel Watkins, CPO

Hi, David -

The Cannons of Ethical Conduct says (section 1.2, first paragraph):

Although decertification is the maximum penalty that may be imposed by ABC
for a certified orthotist and/or prosthetist who violates these Cannons, each
orthotist/prosthetist has a civic and professional obligation to report to
the appropriate governmental body and all evidence that may come to his/her
attention involving the alleged criminal conduct of any orthotist and/or
prosthetist to the practice of orthotics or prosthetics.

You probably have the full text at hand - it is on page 20 of the current
registry.


From Morris Gallo, CPO, LPO

Dave
Yes and Yes
According to the rules of the P&O Board and the Dept. of Health, every
licensee is obligated
to report to the Department and/or the Board any instance of improper
practice or unlicensed
practice. There are penalties for failure to do so. You should have
received a copy of the
rules and law applicable to P&O from the Board, but if you need another copy
call or write
the Board.


From Steven L. Fries, CPO, LPO

David,
  I have wrestled with the same questions you have posted. I am also a
licensed CPO. If you would like to pursue these issues, PLEASE contact one
or all of the following:
1) The O and P Board's web site at

<URL Redacted>
 2) License verification at
<URL Redacted>
  3) Complaint Office at
<URL Redacted>
  I personally feel these are critical issues that will affect the level of
patient care we are able to provide. As a licensed CPO, I'm sure you can see
an obvious difference in the capabilities you possess opposed to those of
non-licensed individuals.


From Brett R. Saunders, LPO, CPO, BOC-O, FAAOP

David,

In answer to your specific question, Florida Administrative Code 64B14
contains the following:

    64B14-7.004 Citations.
   Pursuant to Section 455.617, the Board designates the following as
citation violations:
    (1) Failure to furnish patient records in a timely manner in violation
of Section 455.667(4), F.S.: If corrected, Fine of $100; if not corrected,
referral to the Board's probable cause panel.
    (2) Failure to report to the department any person who is in violation
of Chapter 468, Part XIV or Chapter 455 Part II, or the rules promulgated
thereunder: $250 fine.
    (3) Failure to notify the Board of a change of current mailing address
in violation of Section 455.717, F.S. -- second offense: Fine of $500.
    (4) Violation of Section 468.811(1)(i), F.S., by failing to provide
written notice of any applicable warranty for an orthosis, prosthesis or
pedorthic device provided to a patient: Fine of $100.
Specific Authority 455.617 FS. Law Implemented 455.617 FS. History--New
7-1-98.

The Florida Board for O&P Licensure has a web site that has links to all the
laws and regulations we as licensed practitioners fall under.

Their address is http://www.doh.state.fl.us/mqa/Orth&Pros/o&phome.htm

They also have a newsletter at
http://www.doh.state.fl.us/mqa/Orth&Pros/O&Pnews.htm