Barocas
Morris Gallo
Description
Collection
Title:
Barocas
Creator:
Morris Gallo
Date:
9/17/2000
Text:
This is the second third of my reply
> >
> The Statute is written to prevent the practice of orthotics by
> unqualified
> orthotists, not qualified (or unqualified for that matter) RN's, PT's,
>
> PTA's, MD's, DMD.s, LPN's, ATC's, Pharmacists, OT's, OPA's, X-ray
> Tech's,
> LMT's, Chiropractors, CMA's, CNA's, PCT's, my mother-in-law, and
> anybody
> else that does not hold himself out to be an orthotist can apply
> orthosis in
> any form and not be subjected to the Law.
The statute was written to protect the citizens of Florida from
untrained and unqualified individuals. The exemptions for Dr's and
Pharmacists was due to negotiations during the legislative process. All
the other allied health categories Mr. Barocas lists come under F.S.
468.812(2) which allows individuals already licensed to practice within
the scope of their license without requiring them to obtain an
additional license. The only existing practice act which includes
something akin to an orthosis is the OT's which allows splints but
doesn't define the term. This to me means that anyone not licensed or
specifically exempt supplying an orthosis as defined by statute is in
violation of the law. Currently unlicensed practice is a third-degree
felony in Florida. Even if you don't hold yourself out as an orthotist
you violate the law if you provide services as defined under these
statutes.
>
>
> If a patient makes a complaint to the Florida O&P Board against a
> medical
> assistant who applied a cast walker for a fracture in a doctors
> office, can
> the Board act on that complaint. No. It does not fall under the
> Board's
> domain. The medical assistant (with no orthotic training at all) is
> exempted because she works for an MD who is exempted and she does not
> call
> herself an orthotist so she need not be licensed by the Board. The
> Board
> can only discipline licensed orthotists.
Complaints are made to the Agency for Health Care Administration, an
entity under the Department of Health, the O&P Board has no authority to
investigate or adjudicate complaints. The Board is authorized to
discipline licensees, period. The medical assistant Mr. Boracas
alludes to may or may not be exempt, it depends on the laws and rules
governing the MD.
>
> >
> That's why Orthopedic Technologists can apply synthetic or plaster
> fracture
> orthosis (casts) or any kind of fracture brace (yes, they have L codes
> for
> it) and bill for it on their own. Even though the statute restricts
>
> fracture bracing to Orthotists, the exemption page supercedes the
> rest of
> the statute. Orthopedic Technologists fall under the any other
> qualified
> individual phrase in the statute.
If Orthopedic Technologist are licensed in Florida and their scope of
practice allows them to provide these services then they may practice
within their practice act. I am not aware of licensure for Orthopedic
Technologists nor could I find them listed in the Florida Health
Licensee lookup page. Mr. Barocas asserts the Orthopedic Technologist
falls under the any other qualified individual phrase. I would like
to see where that phrase is and how it applies to persons other then
those I have described. I don't believe such an exemption exists.
> >
> The Statute is written to prevent the practice of orthotics by
> unqualified
> orthotists, not qualified (or unqualified for that matter) RN's, PT's,
>
> PTA's, MD's, DMD.s, LPN's, ATC's, Pharmacists, OT's, OPA's, X-ray
> Tech's,
> LMT's, Chiropractors, CMA's, CNA's, PCT's, my mother-in-law, and
> anybody
> else that does not hold himself out to be an orthotist can apply
> orthosis in
> any form and not be subjected to the Law.
The statute was written to protect the citizens of Florida from
untrained and unqualified individuals. The exemptions for Dr's and
Pharmacists was due to negotiations during the legislative process. All
the other allied health categories Mr. Barocas lists come under F.S.
468.812(2) which allows individuals already licensed to practice within
the scope of their license without requiring them to obtain an
additional license. The only existing practice act which includes
something akin to an orthosis is the OT's which allows splints but
doesn't define the term. This to me means that anyone not licensed or
specifically exempt supplying an orthosis as defined by statute is in
violation of the law. Currently unlicensed practice is a third-degree
felony in Florida. Even if you don't hold yourself out as an orthotist
you violate the law if you provide services as defined under these
statutes.
>
>
> If a patient makes a complaint to the Florida O&P Board against a
> medical
> assistant who applied a cast walker for a fracture in a doctors
> office, can
> the Board act on that complaint. No. It does not fall under the
> Board's
> domain. The medical assistant (with no orthotic training at all) is
> exempted because she works for an MD who is exempted and she does not
> call
> herself an orthotist so she need not be licensed by the Board. The
> Board
> can only discipline licensed orthotists.
Complaints are made to the Agency for Health Care Administration, an
entity under the Department of Health, the O&P Board has no authority to
investigate or adjudicate complaints. The Board is authorized to
discipline licensees, period. The medical assistant Mr. Boracas
alludes to may or may not be exempt, it depends on the laws and rules
governing the MD.
>
> >
> That's why Orthopedic Technologists can apply synthetic or plaster
> fracture
> orthosis (casts) or any kind of fracture brace (yes, they have L codes
> for
> it) and bill for it on their own. Even though the statute restricts
>
> fracture bracing to Orthotists, the exemption page supercedes the
> rest of
> the statute. Orthopedic Technologists fall under the any other
> qualified
> individual phrase in the statute.
If Orthopedic Technologist are licensed in Florida and their scope of
practice allows them to provide these services then they may practice
within their practice act. I am not aware of licensure for Orthopedic
Technologists nor could I find them listed in the Florida Health
Licensee lookup page. Mr. Barocas asserts the Orthopedic Technologist
falls under the any other qualified individual phrase. I would like
to see where that phrase is and how it applies to persons other then
those I have described. I don't believe such an exemption exists.
Citation
Morris Gallo, “Barocas,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 5, 2024, https://library.drfop.org/items/show/214862.
