more on the $3000.00 fine

more on the $3000.00 fine

Jacob Nudelman

3/5/2002

Some people have asked for the url of the Fla Med Board so they can see the
minutes of the November 30th meeting.

<URL Redacted>

click on the minutes near the bottom of third page and go to page 3 of the
PDF document.

Please also notice, that present at all the Fla Medical Board meetings are
attorneys from ACHA. The same investigative arm that the O&P Board referes
their so-called violations of the O&P Statutes to.

So here is ACHA being told by the Medical Board (44,000 Docs) that their
licencee's are not in violation of the statutes AND then they are referred
the same Docs by the O&P Board for investigation of the same violation that
they are not in violation of according to the Fla Medical Board.

Its called GOV COMEDY!!!! I can't even make this stuff up.

And after careful review of the the rulings of the March 1st FLA O&P
Board Meeting and re-reading the exemption page which the Board quoted
in the decision to fine Esther(yes! an Esther too & Phil $3000.00, I have
come to the conslusion that, YES, acording to the O&P Board, Orthopedic
Technologists cannot wotk in the state of Florida doing their regular scope
of practice under the supervision of the Orthopedic Surgeon.

However......

They can work for a Pharmacist. Here is the exemption right from the
Florida O&P statutes exemption page.

(3) The provisions of this act relating to orthotics or pedorthics do not
apply to any licensed pharmacist or to any person acting under the
supervision of a licensed pharmacist. The practice of orthotics or
pedorthics by a pharmacist or any of the pharmacist's employees acting under
the supervision of a pharmacist shall be construed to be within the meaning
of the term practice of the profession of pharmacy as set forth in s.
465.003(13), and shall be subject to regulation in the same manner as any
other pharmacy practice. The Board of Pharmacy shall develop rules regarding
the practice of orthotics and pedorthics by a pharmacist. Any pharmacist or
person under the supervision of a pharmacist engaged in the practice of
orthotics or pedorthics shall not be precluded from continuing that practice
pending adoption of these rules.

I checked the Pharmacy regs and did not see any adoption of these rules
and then I called the Pharmacy Board and they told me there is none waiting
to be adopted. Its a none issue as far as they are concerned. Nothing the
O&P Board does affects a Pharmacist.

As the O&P Board said last Friday, sooner or later all the orthotechs will
be rooted out and forced to stopworking for Orthopedic Surgeons, so now,
according to the O&P Boards own rules, they can now go down the block to
Walgreens, Eckerds, or CVS and open up an Orthotic shop within the Pharmacy
& under the supervision of the Pharmacist.

Heck, if I were an OrthoTech I would set up a business pronto with my local
Pharmacist. One Vioxx Rx, One G2 Unloader Rx, same place.

If I am wrong about this, please point out where?
















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