Florida Practitioners, pending legislation update
Morris Gallo
Description
Collection
Title:
Florida Practitioners, pending legislation update
Creator:
Morris Gallo
Date:
4/10/2008
Text:
Dear Florida Practitioners
It has come to my attention there is a concerted effort on the part of a
self-serving single entity to spread misinformation, lies, and innuendos
about the bill now pending in the Florida Legislature. Because this
issue is of importance to all practitioners in Florida, not just FAOP
members, I have chosen to utilize this open forum rather then just
addressing our members.
First and foremost, the pending legislation will have little or no
effect on how you practice and what it costs you to be licensed in
Florida. Our current statute is ten years old and has had no changes in
that time. Over those years there have been noted numerous
deficiencies, vagaries, and areas needing improvement. The bill we are
supporting addresses those issues.
The bill as it exists today may be seen by going to:
www.fl*senate*.gov/
On the left side of page enter 1696 in Search Bill Text, scroll down
to S 1696 and click on sb 1696c1.html
This will give you an actual copy of the bill as it exists today
awaiting hearing in the next committee. There is a brief synopsis of
what it achieves and then the actual bill. The underlined words are
additions to the current statute and the words with a strike through are
to be removed. Thus you can see for yourself what changes are being made.
What follows are my interpretations of how the pending bill will affect
Florida practitioners. I am not an attorney, nor a member of the
Florida Board of Orthotists and Prosthetists, so if you disagree or
question my interpretations you should seek legal counsel to resolve
any issues of law you may still have.
If you still have questions you think I can address send them to me for
a response.
Morris Gallo, President FAOP
What I believe this bill will do to current law.
The bill makes four major changes to law.
1. Changes to the Board. Opens a seat on the Board of Orthotists and
Prosthetists to an Orthotic Fitter or Pedorthist, allows the consumer
member pool to include spouses and parents of O&P users, and requires
all the practitioner members have at least three years experience.
Currently the Board is open only to Prosthetists and Orthotists (one
each with a BS in O&P, and the second with 6 years experience after
certification). The new language will open the pool of applicants to
licensed practicing practitioner of O & P with three years experience,
and also allow post-graduate degrees in addition to the BS. Our OF and
Ped members have long objected to not being represented on the Board, so
we addressed their concerns. The pending bill opens one seat to an
Orthotic Fitters or Pedorthists. Our current statute restricts the pool
of consumer members to only those actually having to use an orthosis or
prosthesis. The new language allows the pool to include parents,
guardians, and spouses of users of O&P. The current law disenfranchises
our patients who are unable to represent themselves either because of
age or physical condition, this is not right. Why would you be against
a willing parent or spouse from serving on the Board, it doesn't make
sense. All other Boards having a consumer member make no requirement
that the member have any knowledge or experience with the profession
being regulated, so our inclusion of an experience requirement for the
consumer member is forward thinking. See 468.801 lines 149 - 184
2. Creates a defined residency and internship. Defines what is an
Intern and Resident, and provides the Board a mechanism to register and
regulate these individuals. Current law does not define what is an
intern or resident and does provide the Board authority to define or
regulate. The pending bill defines an intern/resident as someone with
the required education and specialized training, and gives the Board
authority to register and regulate them. Although the required
practical experience for licensure is 1900 hours, the bill allows a
registered person to continue being considered as an intern/resident for
a minimum of two years, regardless of the actual number of hours of
experience, and with Board approval, for an additional third year.
This means the resident who you have trained and invested time in
getting them to be a productive member of your staff doesn't have to
stop functioning as a resident/intern at the end of 1900 hours, rather
they may continue working for at least another year (while they test) as
a productive member of your practice. An intern/resident need only pay
one fee to the state for intern/residency in O & P, so the cost is
minimal over a four to six year period (assuming the person stays with
you while interning in both P & O). This language also closes the
loophole of anyone calling themselves an intern/resident regardless of
qualifications. See 468.80(4) and (18), Lines 15 - 17 and 139-141, and
468.803(1) and (2) and (3) lines 195 - 285.
3. Gives the Board authority to require mandatory courses prior to
initial license, this is in addition to their current ability to require
them for renewal. The current law allows the Board to require the
mandatories for initial licensure only for OF/OFA/Ped. Requiring the
mandatories before licensure insures all licensees are familiar with the
rules and law, know CPR, and are familiar with infectious diseases to
protect themselves and their patients. See 468.803(5)(a)3 and (b)3
lines 338 and 352.
4. Requires a fingerprint and background check for initial license and
at renewal. I am told the initial check costs about $43 and the renewal
is about $23. Almost every other Board has this requirement in place
already, our Board tried to implement this years ago but did not have
legislative authority. I am told this fingerprint and background check
will be valid for use in application for Medicaid provider and other
state required licenses or registrations. See 468.803(2) lines 208 - 220.
The minor changes to our existing law are:
1. Removing language requiring a P/O/Ped from having to consult with
PT/OT on patient care. The current statute requires an Orthotist,
Prosthetist, or Pedorthist to consult with a PT/OT if the patient is
under care of same and the therapist requests. The pending bill removes
this requirement. See 468.80(9), (12), (15) lines 68 - 81, 97 -110, 121
- 134
2. Minor changes to scope of practice for OF/OFA/Ped. Removing from
scope of OF and OFA the ability to treat vertebral fractures (see lines
48-49, 53, 62-63, 64), adding to the OF scope the ability to provide
custom and premade compression garments, not just hose, (see lines49-50)
and adds ability to provide noncustom diabetic footwear, (see lines
50-51). Removes from OF scope ability to provide orthosis in treatment
of open diabetic ulcers (see lines 56-57). Adds to OFA scope ability to
provide prefabricated compression garments, not just hose (see
line64-65) and removes ability to provide orthosis to treat lower
extremity fractures and open diabetic ulcers (see lines 66-67). States
the Pedorthist may not make dynamic prosthetic fillers of the forefoot,
which are by definition considered prostheses (see lines 85-86), and
rewords their scope to distal to the malioli instead of the less
grammatically correct phrase from the ankle and below (see lines 86-88).
3. Allows the Board to accept an O&P Masters or PhD in addition to the
BS now required for licensure of P/O. The current statute only
recognizes a BS in O&P as the law went into effect before the
post-graduate level courses were available. The bill allows the Board
to accept a Masters or PhD in O&P (see lines 268-269, 277-278, 300-301,
313-314, 329-330, 343-344).
4. Codifying current rules defining the use of support personnel (see
lines 408-420) and FAOP as a provider of CE education (see lines
401-404). The current rule now in affect regulates the use of
non-licensed persons, being passed to safeguard the patient and make
prosecution of those renting their license easier. FAOP also is, by
current rule, already a deemed provider of CE courses. The pending bill
merely makes these current rules part of the statute, using the verbatim
verbiage found in the current rules, it does NOT make any changes to how
the profession is regulated.
5. Gives the Board authority to require posting of your license,
wearing of identifying name badge, and posting of DOH complaint phone
numbers (see 468.8095 lines 436-462). There is current legislation in
place through the Department of Health requiring all licensed
practitioners to identify themselves to patients, and giving Boards
authority to define how this is to be done, so the only change is to
allow the Board to require that each practitioner post their license in
the office and to post, for the patient to see, where the patient can
contact the Board and Department for additional information or to lodge
a complaint
All other changes are of a technical nature, correcting misspelled
words, deleting obsolete language, and repealing sections that have not
been implemented. You can see where any change occurs by looking for
underlined or struck through words.
.
It has come to my attention there is a concerted effort on the part of a
self-serving single entity to spread misinformation, lies, and innuendos
about the bill now pending in the Florida Legislature. Because this
issue is of importance to all practitioners in Florida, not just FAOP
members, I have chosen to utilize this open forum rather then just
addressing our members.
First and foremost, the pending legislation will have little or no
effect on how you practice and what it costs you to be licensed in
Florida. Our current statute is ten years old and has had no changes in
that time. Over those years there have been noted numerous
deficiencies, vagaries, and areas needing improvement. The bill we are
supporting addresses those issues.
The bill as it exists today may be seen by going to:
www.fl*senate*.gov/
On the left side of page enter 1696 in Search Bill Text, scroll down
to S 1696 and click on sb 1696c1.html
This will give you an actual copy of the bill as it exists today
awaiting hearing in the next committee. There is a brief synopsis of
what it achieves and then the actual bill. The underlined words are
additions to the current statute and the words with a strike through are
to be removed. Thus you can see for yourself what changes are being made.
What follows are my interpretations of how the pending bill will affect
Florida practitioners. I am not an attorney, nor a member of the
Florida Board of Orthotists and Prosthetists, so if you disagree or
question my interpretations you should seek legal counsel to resolve
any issues of law you may still have.
If you still have questions you think I can address send them to me for
a response.
Morris Gallo, President FAOP
What I believe this bill will do to current law.
The bill makes four major changes to law.
1. Changes to the Board. Opens a seat on the Board of Orthotists and
Prosthetists to an Orthotic Fitter or Pedorthist, allows the consumer
member pool to include spouses and parents of O&P users, and requires
all the practitioner members have at least three years experience.
Currently the Board is open only to Prosthetists and Orthotists (one
each with a BS in O&P, and the second with 6 years experience after
certification). The new language will open the pool of applicants to
licensed practicing practitioner of O & P with three years experience,
and also allow post-graduate degrees in addition to the BS. Our OF and
Ped members have long objected to not being represented on the Board, so
we addressed their concerns. The pending bill opens one seat to an
Orthotic Fitters or Pedorthists. Our current statute restricts the pool
of consumer members to only those actually having to use an orthosis or
prosthesis. The new language allows the pool to include parents,
guardians, and spouses of users of O&P. The current law disenfranchises
our patients who are unable to represent themselves either because of
age or physical condition, this is not right. Why would you be against
a willing parent or spouse from serving on the Board, it doesn't make
sense. All other Boards having a consumer member make no requirement
that the member have any knowledge or experience with the profession
being regulated, so our inclusion of an experience requirement for the
consumer member is forward thinking. See 468.801 lines 149 - 184
2. Creates a defined residency and internship. Defines what is an
Intern and Resident, and provides the Board a mechanism to register and
regulate these individuals. Current law does not define what is an
intern or resident and does provide the Board authority to define or
regulate. The pending bill defines an intern/resident as someone with
the required education and specialized training, and gives the Board
authority to register and regulate them. Although the required
practical experience for licensure is 1900 hours, the bill allows a
registered person to continue being considered as an intern/resident for
a minimum of two years, regardless of the actual number of hours of
experience, and with Board approval, for an additional third year.
This means the resident who you have trained and invested time in
getting them to be a productive member of your staff doesn't have to
stop functioning as a resident/intern at the end of 1900 hours, rather
they may continue working for at least another year (while they test) as
a productive member of your practice. An intern/resident need only pay
one fee to the state for intern/residency in O & P, so the cost is
minimal over a four to six year period (assuming the person stays with
you while interning in both P & O). This language also closes the
loophole of anyone calling themselves an intern/resident regardless of
qualifications. See 468.80(4) and (18), Lines 15 - 17 and 139-141, and
468.803(1) and (2) and (3) lines 195 - 285.
3. Gives the Board authority to require mandatory courses prior to
initial license, this is in addition to their current ability to require
them for renewal. The current law allows the Board to require the
mandatories for initial licensure only for OF/OFA/Ped. Requiring the
mandatories before licensure insures all licensees are familiar with the
rules and law, know CPR, and are familiar with infectious diseases to
protect themselves and their patients. See 468.803(5)(a)3 and (b)3
lines 338 and 352.
4. Requires a fingerprint and background check for initial license and
at renewal. I am told the initial check costs about $43 and the renewal
is about $23. Almost every other Board has this requirement in place
already, our Board tried to implement this years ago but did not have
legislative authority. I am told this fingerprint and background check
will be valid for use in application for Medicaid provider and other
state required licenses or registrations. See 468.803(2) lines 208 - 220.
The minor changes to our existing law are:
1. Removing language requiring a P/O/Ped from having to consult with
PT/OT on patient care. The current statute requires an Orthotist,
Prosthetist, or Pedorthist to consult with a PT/OT if the patient is
under care of same and the therapist requests. The pending bill removes
this requirement. See 468.80(9), (12), (15) lines 68 - 81, 97 -110, 121
- 134
2. Minor changes to scope of practice for OF/OFA/Ped. Removing from
scope of OF and OFA the ability to treat vertebral fractures (see lines
48-49, 53, 62-63, 64), adding to the OF scope the ability to provide
custom and premade compression garments, not just hose, (see lines49-50)
and adds ability to provide noncustom diabetic footwear, (see lines
50-51). Removes from OF scope ability to provide orthosis in treatment
of open diabetic ulcers (see lines 56-57). Adds to OFA scope ability to
provide prefabricated compression garments, not just hose (see
line64-65) and removes ability to provide orthosis to treat lower
extremity fractures and open diabetic ulcers (see lines 66-67). States
the Pedorthist may not make dynamic prosthetic fillers of the forefoot,
which are by definition considered prostheses (see lines 85-86), and
rewords their scope to distal to the malioli instead of the less
grammatically correct phrase from the ankle and below (see lines 86-88).
3. Allows the Board to accept an O&P Masters or PhD in addition to the
BS now required for licensure of P/O. The current statute only
recognizes a BS in O&P as the law went into effect before the
post-graduate level courses were available. The bill allows the Board
to accept a Masters or PhD in O&P (see lines 268-269, 277-278, 300-301,
313-314, 329-330, 343-344).
4. Codifying current rules defining the use of support personnel (see
lines 408-420) and FAOP as a provider of CE education (see lines
401-404). The current rule now in affect regulates the use of
non-licensed persons, being passed to safeguard the patient and make
prosecution of those renting their license easier. FAOP also is, by
current rule, already a deemed provider of CE courses. The pending bill
merely makes these current rules part of the statute, using the verbatim
verbiage found in the current rules, it does NOT make any changes to how
the profession is regulated.
5. Gives the Board authority to require posting of your license,
wearing of identifying name badge, and posting of DOH complaint phone
numbers (see 468.8095 lines 436-462). There is current legislation in
place through the Department of Health requiring all licensed
practitioners to identify themselves to patients, and giving Boards
authority to define how this is to be done, so the only change is to
allow the Board to require that each practitioner post their license in
the office and to post, for the patient to see, where the patient can
contact the Board and Department for additional information or to lodge
a complaint
All other changes are of a technical nature, correcting misspelled
words, deleting obsolete language, and repealing sections that have not
been implemented. You can see where any change occurs by looking for
underlined or struck through words.
.
Citation
Morris Gallo, “Florida Practitioners, pending legislation update,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 5, 2024, https://library.drfop.org/items/show/229188.
