1Amending the act of December 20, 1985 (P.L.457, No.112), 
2entitled "An act relating to the right to practice medicine 
3and surgery and the right to practice medically related acts; 
4reestablishing the State Board of Medical Education and 
5Licensure as the State Board of Medicine and providing for 
6its composition, powers and duties; providing for the 
7issuance of licenses and certificates and the suspension and 
8revocation of licenses and certificates; providing penalties; 
9and making repeals," further providing for definitions and 
10for prosthetists, orthotists, pedorthists and orthotic 
11fitters.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The definition of "health care practitioner" in
15section 2 of the act of December 20, 1985 (P.L.457, No.112), 
16known as the Medical Practice Act of 1985, is amended and the
17section is amended by adding a definition to read:

18Section 2. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2* * *

3"Health care practitioner." [An individual, other than a
4physician assistant, who is authorized to practice some
5component of the healing arts by a license, permit, certificate
6or registration issued by a Commonwealth licensing agency or
7board.] As defined in section 103 of the act of July 19, 1979 
8(P.L.130, No.48), known as the Health Care Facilities Act.

9* * *

10"Pharmacist." As defined in section 2(10) of the act of 
11September 27, 1961 (P.L.1700, No.699), known as the Pharmacy 
12Act.

13* * *

14Section 2. Section 13.5(d), (f) and (h) of the act, added
15July 5, 2012 (P.L.873, No.90), are amended to read:

16Section 13.5. Prosthetists, orthotists, pedorthists and
17orthotic fitters.

18* * *

19(d) Exceptions.--

20(1) Nothing in this section shall prohibit students
21enrolled in a prosthetics, orthotics, pedorthics or orthotics
22fitter educational program from performing prosthetics,
23orthotics, pedorthics or orthotic fitting in the course of
24their instruction, provided that a physician or podiatrist is
25readily available for consultations and that a prosthetist,
26orthotist, pedorthist or orthotic fitter, respectively, is on
27site and responsible for the direct supervision of students.

28(2) Nothing in this section shall prohibit an individual
29from engaging in the practice for which that individual is
30licensed, registered or certified to practice or to act

1within the scope of that license, registration or
2certification held in this Commonwealth.

3(3) Nothing in this act shall prohibit an individual who 
4is employed by the Federal Government from engaging in the 
5practice of a prosthetist, orthotist, pedorthist or orthotic 
6fitter while in the discharge of the employee's official 
7duties.

8(4) Nothing in this section shall prohibit the sale of 
9over-the-counter prostheses, orthoses or pedorthic devices.

10(5) Nothing in this section shall prohibit a 
11representative of a medical device manufacturer registered 
12with the United States Food and Drug Administration from 
13measuring, fitting and adjusting a medical device when the 
14representative pursuant to a written agreement is supervised 
15by the physician performing the procedure.

16* * *

17(f) License without examination.--

18[(1)] Within two years after the effective date of this 
19section, [an individual may be granted] the board shall grant 
20an individual a prosthetic, orthotic, pedorthotic or orthotic 
21[fitting] fitter license [by the board] if the individual 
22[does all of the following] complies with subsection (a)(1), 
23(5), (6), (7) and (8) and:

24[(i) Complies with subsection (a)(1), (5), (6) and
25(7).

26(ii) Meets the following:

27(A) For prosthetists, a combination of at least
28four years of education, training and/or work
29experience, consisting of:

30(I) a bachelor's degree with a major in

1prosthetics or orthotics and prosthetics;

2(II) an associate's degree in prosthetics or
3orthotics and prosthetics or two or more years of
4education, training and/or work experience in the
5field of prosthetics; and

6(III) a minimum of two years or 3,800 hours
7of experience in providing direct patient care
8services.

9(B) For orthotists, a combination of at least
10four years of education, training and/or work
11experience, consisting of:

12(I) a bachelor's degree with a major in
13orthotics or orthotics and prosthetics;

14(II) an associate's degree in orthotics or
15orthotics and prosthetics or two or more years of
16education, training and/or work experience in the
17field of orthotics; and

18(III) a minimum of two years or 3,800 hours
19of experience in providing direct patient care
20services.

21(C) For pedorthists, a successfully completed
22board-approved, entry-level pedorthic education
23program and a minimum of 1,000 hours of supervised
24patient fitting experience.

25(D) For orthotic fitters, a successfully
26completed board-approved, entry-level education
27program specific to orthotic fitting and a minimum of
281,000 hours of documented patient care.

29(iii) Complies with the following:

30(A) holds a valid national certification from an

1organization approved by the board as a prosthetist,
2orthotist, pedorthist or orthotic fitter; and

3(B) has been in active, continuous practice for 
4the three years immediately preceding the effective 
5date of this section.

6(2) This subsection shall expire 730 days from the
7effective date of this subsection.]

8(1) For a prosthetic or orthotic license, an individual 
9who holds a national certification as a prosthetist or an
10orthotist issued by a national organization approved by the
11board.

12(2) For a pedorthotic or orthotic fitters license,
13complies with one of the following:

14(i) Is a pharmacist, a podiatrist or other health
15care practitioner who has been engaged in a practice for
16which the individual is licensed, registered or certified
17to practice or to act within the scope of that license,
18registration or certification held in this Commonwealth.

19(ii) Holds a national certification as a pedorthist
20or orthotic fitter issued by a national organization
21approved by the board.

22(iii) Has been dispensing over-the-counter
23prostheses, orthoses or pedorthic devices for two
24consecutive years occurring within the five years
25immediately prior to the effective date of this section.

26* * *

27(h) Orthotic fitter scope of practice.--The scope of
28practice of an orthotic fitter is limited to measuring, fitting,
29dispensing and adjusting prefabricated devices not requiring
30more than minor modification of:

1(1) Cervical soft foam collars.

2(2) Thoraco-lumbo-sacral orthoses.

3(3) Lumbo-sacral orthoses.

4(4) Knee orthoses.

5(5) Ankle foot orthoses.

6(6) Foot orthoses.

7(7) Elbow orthoses.

8(8) Shoulder orthoses.

9(9) Abdominal and pelvic:

10(i) Trusses.

11(ii) Flexible supports.

12(iii) Maternity supports.

13[(10) Compression devices:

14(i) Lymphedema garments.

15(ii) Compression garments.

16(iii) Burn garments.

17(11) Breast prosthesis and ancillary supplies.]

18* * *

19Section 2. Notwithstanding section 3 of the act of July 5, 
202012 (P.L.873, No.90), entitled "An act amending the act of
21December 20, 1985 (P.L.457, No.112), entitled 'An act relating
22to the right to practice medicine and surgery and the right to
23practice medically related acts; reestablishing the State Board
24of Medical Education and Licensure as the State Board of
25Medicine and providing for its composition, powers and duties;
26providing for the issuance of licenses and certificates and the
27suspension and revocation of licenses and certificates;
28providing penalties; and making repeals,' adding definitions;
29and providing for licensure of prosthetists, orthotists,
30pedorthists and orthotic fitters," the State Board of Medicine
 

1shall promulgate regulations to implement section 13.5 of the 
2act within 12 months of the effective date of this section. 
3Section 13.5 of the act <-shall not apply and shall not be 
4enforceable by the State Board of Medicine until the publication 
5of final regulations under this section.

6Section 3. This act shall take effect immediately.