The rest of the $3000 Fine Story
Jacob Nudelman
Description
Collection
Title:
The rest of the $3000 Fine Story
Creator:
Jacob Nudelman
Date:
3/3/2002
Text:
Like Paul Harvey, I have the rest of the story.
I received about 15 emails on this matter. Most said they thought this was
a hoax posting. Sorry to say it's not a hoax. You will know all about it
when the Florida O&P Board posts the minutes on the state website. They
still have not posted the November 30th minutes though. And that is very
important to the matter at hand,..the $3000.00 fine for the Orthopedic
Technologist.
On November 30th, The Florida Medical Board ruled on a letter sent to them
by the Florida Orthopedic Society (800 OrthoDocs). The letter was sent in
response to two of its members referred for investigation by the Florida O&P
Board for aiding and abbeting an un-licensed person fitting braces in their
office. The letter wanted a ruling from the
Florida Medical Board if the Orthopedic Surgeons were in violation of any
part of the Florida Medical Practice Act.
The Orthopedic Surgeons took the position that the O&P Board had no
authority over them OR anyone who worked in their office, even a sales rep,
who was fitting a patient under their Rx in their office.
The Florida Medical Board ruled, after much discussion, that the Florida
Medical Practice Act, allows the Licensed Florida Doctor to delegate the
fitting of casts and braces under the present law to any member of their
staff. Furthermore, the Medical Board was advised by their Medical Boards
atty to get the state legislature to modify the law to be made even more
clear so there would be no problems with other state boards. The Medical
Boards atty just happens to be the ex-O&P Boards atty, Ms. MaryAnne
Gustuvson. This is on the posted minutes of the November 30th meeting of
the Florida Medical Board (PAGE 3)
If the Forida O&P Board had ever posted the minutes of their November 30th
(it was on the agenda) meeting this email list would have known that the O&P
Board was asked to respond to a letter by the Florida Medical Board on this
matter. The O&P Board was to discuss how they were going to answer this
letter from the Florida Medical Board. But just when they were to discuss
it, Fraser Cobbe, the executive director of the Florida Orthopedic Society,
informed the O&P Board that he had just come from the Florida Medical Board
meeting and they had already ruled on this matter not caring to hear the O&P
Boards response or opinion. (A Diss of the 1st magnitude. 44,000 docs
being told what to do by a couple hundred orthotists. DUH! They don't think
so!)
So how does this affect poor Phil, the Orthopedic Technologist with 30 years
experience who was told to apply for a license by an Orlando Orthotist only
to be blind sided by the O&P Board. Phil was only given the Boards
interpretation of the statutes. And this has changed over the years.
Four years ago the O&P Board did not think a fracture cast (plaster or
synthetic) was an orthosis. I know because I raised just this point, 1200
Orthopedic Technologists doing cast and bracing, to them four years ago.
It's in the Clearwater Board meeting minutes. They chose not to act on it.
I think it had to do with the Granfather period of the new statutes. A
couple of hundred orthotechs could have met these requirements but did not
know about it. Including poor Phil.
They (the O&P Board) kept it quiet back then about Orthopedic Technologists.
The law was new and imagine telling 1200 Florida Orthopedic Surgeons you
have to fire your assistants. Imagine the malpractice insurance problems.
Are you covered as an Orthopedic Surgeon if you are committing a third
degree felony by allowing your OrthoTech to apply a cast which is a custom
cast brace according to Morris Gallo, a Board member? If the O&P Board is
right, they owe it every orthopedic patient in the state, to inform them
that the cast applied by the Docs assistant may not be covered under the
Docs mal-practice insurance because he was committing a third degree felony
by letting his assistant apply it.
Back to Phil. Phil now knows the whole story and is not depressed any
longer. He thought he and his employer (4 OrthoDocs) were going to jail.
He now knows no prosecutor will bother him because of the testosterone
contest between the O&P Board and the Medical Board. And even further, the
state of Florida chose not to prosecute an Orthopedic Technologist 18 months
ago for doing the same thing. In fact they found he was covered by the
exemption clause of the O&P Statute.
They didn't even care about the additional protection under the Medical
Practice Act. The Orthopedic Technologist clearly is exempt under the any
other professional clause. The Board may not think so but the
Investigative arms of the State of Florida do!
Its a funny thing. Morris and I both agree. I think Orthopedic
Technologists should be licensed. I think, that right now, they are exempt
by statute and I don't like that. And now, with this ruling by the
Florida Medical Board, any Doc's secretary can fit a brace.
Some of you who have read my postings know my full intentions. It is to
force the state to license Orthotechs because why should they be exempt and
I, as an ABC and Florida licensed orthotist, have to pay fees and fill
continuing educational requirements and they don't.
Now that the O&P Board finally agrees with me that a cast is an orthosis
we can take up this issue with the state legislature and add this title &
scope of practice to the O&P statutes OR MAYBE NOT!
I want to see a separate Florida statute & Board for Orthotechs with
Orthotechs & Orthopedic Surgeons as Board members. Orthotechs also assist in
surgery and apply traction and do wound care, so I think an Orthotist
sitting in judgement of a surgical assistant is not proper. Orthotech's
also work with fractures and according to the present statutes only an
Orthotist can touch a patient with a fracture. Too many changes needed in
the O&P statutes for Orthotechs to be under them in the normal scope of
practice of an orthopedic technologist.
The Orthotechs are starting to organize (ok I helped a little) now that the
O&P Board is on their and their employers (1200 OrthoDocs)radar screens.
Soon they will pobably have their own Board or be exempt by special statutes
under the assistant clause of the Florida Medical Practice Act as the ex-O&P
Board atty has suggested. ET TU BRUTUS?
I have been protecting OT's from the O&P Board because many years ago (and
today in places we read in the headlines) on the field of battle, I served
with Orthopedic Technologists. They were frontline medics first and
orthotechs second. I personally put on my first plaster cast in a place
call Chu Lai in 1969 under the instruction of an Army OT Medic Sgt.
We now tell our young citizens to join the service, put your life on the
line and prevent 9/11's. But just one thing, when you come back to
Florida, wounded or other wise, you can't work here as an Orthotech. Its not
that we don't like you. It's because the state of Florida does not think
you even exist. Right now, according to the Florida O&P Board, you cannot
work as an Orthopedic Technologist in the state of Florida because you have
to have a license as an orthotist to apply a cast to a fracture. Want to
apply for it? Sorry you don't meet the requirements of an Orthotist and we
don't recognize the professioin of Orthopedic Technologist
Oh, you have six years experience with heavy duty trauma, trumatic
amputations, surgical procedures, cast braces, etc. Sorry, the other 49
states say its OK, but not us here in Florida. You see, we passed this O&P
statute by keeping you guys secret from the state legislature. We didn't
want to muddy the waters with an economic impact study that would have
informed the state reps who voted on this O&P statute that they would be
putting 1200 Orthtechs (many are veterans) out of work and pissing off
orthopedic surgeons.
Can't wait to read your emails.
_________________________________________________________________
Join the world�s largest e-mail service with MSN Hotmail.
<URL Redacted>
I received about 15 emails on this matter. Most said they thought this was
a hoax posting. Sorry to say it's not a hoax. You will know all about it
when the Florida O&P Board posts the minutes on the state website. They
still have not posted the November 30th minutes though. And that is very
important to the matter at hand,..the $3000.00 fine for the Orthopedic
Technologist.
On November 30th, The Florida Medical Board ruled on a letter sent to them
by the Florida Orthopedic Society (800 OrthoDocs). The letter was sent in
response to two of its members referred for investigation by the Florida O&P
Board for aiding and abbeting an un-licensed person fitting braces in their
office. The letter wanted a ruling from the
Florida Medical Board if the Orthopedic Surgeons were in violation of any
part of the Florida Medical Practice Act.
The Orthopedic Surgeons took the position that the O&P Board had no
authority over them OR anyone who worked in their office, even a sales rep,
who was fitting a patient under their Rx in their office.
The Florida Medical Board ruled, after much discussion, that the Florida
Medical Practice Act, allows the Licensed Florida Doctor to delegate the
fitting of casts and braces under the present law to any member of their
staff. Furthermore, the Medical Board was advised by their Medical Boards
atty to get the state legislature to modify the law to be made even more
clear so there would be no problems with other state boards. The Medical
Boards atty just happens to be the ex-O&P Boards atty, Ms. MaryAnne
Gustuvson. This is on the posted minutes of the November 30th meeting of
the Florida Medical Board (PAGE 3)
If the Forida O&P Board had ever posted the minutes of their November 30th
(it was on the agenda) meeting this email list would have known that the O&P
Board was asked to respond to a letter by the Florida Medical Board on this
matter. The O&P Board was to discuss how they were going to answer this
letter from the Florida Medical Board. But just when they were to discuss
it, Fraser Cobbe, the executive director of the Florida Orthopedic Society,
informed the O&P Board that he had just come from the Florida Medical Board
meeting and they had already ruled on this matter not caring to hear the O&P
Boards response or opinion. (A Diss of the 1st magnitude. 44,000 docs
being told what to do by a couple hundred orthotists. DUH! They don't think
so!)
So how does this affect poor Phil, the Orthopedic Technologist with 30 years
experience who was told to apply for a license by an Orlando Orthotist only
to be blind sided by the O&P Board. Phil was only given the Boards
interpretation of the statutes. And this has changed over the years.
Four years ago the O&P Board did not think a fracture cast (plaster or
synthetic) was an orthosis. I know because I raised just this point, 1200
Orthopedic Technologists doing cast and bracing, to them four years ago.
It's in the Clearwater Board meeting minutes. They chose not to act on it.
I think it had to do with the Granfather period of the new statutes. A
couple of hundred orthotechs could have met these requirements but did not
know about it. Including poor Phil.
They (the O&P Board) kept it quiet back then about Orthopedic Technologists.
The law was new and imagine telling 1200 Florida Orthopedic Surgeons you
have to fire your assistants. Imagine the malpractice insurance problems.
Are you covered as an Orthopedic Surgeon if you are committing a third
degree felony by allowing your OrthoTech to apply a cast which is a custom
cast brace according to Morris Gallo, a Board member? If the O&P Board is
right, they owe it every orthopedic patient in the state, to inform them
that the cast applied by the Docs assistant may not be covered under the
Docs mal-practice insurance because he was committing a third degree felony
by letting his assistant apply it.
Back to Phil. Phil now knows the whole story and is not depressed any
longer. He thought he and his employer (4 OrthoDocs) were going to jail.
He now knows no prosecutor will bother him because of the testosterone
contest between the O&P Board and the Medical Board. And even further, the
state of Florida chose not to prosecute an Orthopedic Technologist 18 months
ago for doing the same thing. In fact they found he was covered by the
exemption clause of the O&P Statute.
They didn't even care about the additional protection under the Medical
Practice Act. The Orthopedic Technologist clearly is exempt under the any
other professional clause. The Board may not think so but the
Investigative arms of the State of Florida do!
Its a funny thing. Morris and I both agree. I think Orthopedic
Technologists should be licensed. I think, that right now, they are exempt
by statute and I don't like that. And now, with this ruling by the
Florida Medical Board, any Doc's secretary can fit a brace.
Some of you who have read my postings know my full intentions. It is to
force the state to license Orthotechs because why should they be exempt and
I, as an ABC and Florida licensed orthotist, have to pay fees and fill
continuing educational requirements and they don't.
Now that the O&P Board finally agrees with me that a cast is an orthosis
we can take up this issue with the state legislature and add this title &
scope of practice to the O&P statutes OR MAYBE NOT!
I want to see a separate Florida statute & Board for Orthotechs with
Orthotechs & Orthopedic Surgeons as Board members. Orthotechs also assist in
surgery and apply traction and do wound care, so I think an Orthotist
sitting in judgement of a surgical assistant is not proper. Orthotech's
also work with fractures and according to the present statutes only an
Orthotist can touch a patient with a fracture. Too many changes needed in
the O&P statutes for Orthotechs to be under them in the normal scope of
practice of an orthopedic technologist.
The Orthotechs are starting to organize (ok I helped a little) now that the
O&P Board is on their and their employers (1200 OrthoDocs)radar screens.
Soon they will pobably have their own Board or be exempt by special statutes
under the assistant clause of the Florida Medical Practice Act as the ex-O&P
Board atty has suggested. ET TU BRUTUS?
I have been protecting OT's from the O&P Board because many years ago (and
today in places we read in the headlines) on the field of battle, I served
with Orthopedic Technologists. They were frontline medics first and
orthotechs second. I personally put on my first plaster cast in a place
call Chu Lai in 1969 under the instruction of an Army OT Medic Sgt.
We now tell our young citizens to join the service, put your life on the
line and prevent 9/11's. But just one thing, when you come back to
Florida, wounded or other wise, you can't work here as an Orthotech. Its not
that we don't like you. It's because the state of Florida does not think
you even exist. Right now, according to the Florida O&P Board, you cannot
work as an Orthopedic Technologist in the state of Florida because you have
to have a license as an orthotist to apply a cast to a fracture. Want to
apply for it? Sorry you don't meet the requirements of an Orthotist and we
don't recognize the professioin of Orthopedic Technologist
Oh, you have six years experience with heavy duty trauma, trumatic
amputations, surgical procedures, cast braces, etc. Sorry, the other 49
states say its OK, but not us here in Florida. You see, we passed this O&P
statute by keeping you guys secret from the state legislature. We didn't
want to muddy the waters with an economic impact study that would have
informed the state reps who voted on this O&P statute that they would be
putting 1200 Orthtechs (many are veterans) out of work and pissing off
orthopedic surgeons.
Can't wait to read your emails.
_________________________________________________________________
Join the world�s largest e-mail service with MSN Hotmail.
<URL Redacted>
Citation
Jacob Nudelman, “The rest of the $3000 Fine Story,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 24, 2024, https://library.drfop.org/items/show/218688.
