SENATE, No. 2186
STATE OF NEW JERSEY
INTRODUCED JUNE 12, 1997
By Senator SINGER
An Act concerning orthotists and prosthetists and amending and supplementing P.L.1991, c.512.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1991, c.512 (C.45:12B-3) is amended to read as follows:
3. As used in this act:
"Board" means the Orthotics and Prosthetics Board of Examiners created by section 4 of this act.
"Chairperson" means the member that is elected yearly by the board.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Orthotic appliance" means, solely for the purposes of this act, a brace or support but does not include fabric and elastic supports, corsets, arch supports, trusses, elastic hose, canes, crutches, cervical collars, dental appliances or other similar devices carried in stock and sold by drug stores, department stores, corset shops or surgical supply facilities.
"Orthotics" means the science or practice of measuring, designing, constructing, assembling, fitting, adjusting or servicing orthotic appliances for the correction or alleviation of musculoskeletal diseases, injuries, or deformities as permitted by prescriptions from a licensed doctor of medicine, dentist, or podiatrist.
"Licensed orthotist" means any person who practices orthotics and who represents himself to the public by title or by description of services, under any title incorporating such terms as "orthotics," "orthotists," "orthotic," or "L.O." or any similar title or description of services, provided that the individual has met the eligibility requirements contained in section 11 of this act and has been duly licensed under this act.
"Licensed orthotist assistant" means a person who is licensed pursuant to the provisions of this amendatory and supplementary act and who assists a licensed orthotist under his direct supervision.
"Person" means any individual, corporation, partnership, association, or other organization.
"Prosthetic appliance" means, solely for the purposes of this act, any artificial device that is not surgically implanted and that is used to replace a missing limb, appendage, or any other external human body part including devices such as artificial limbs, hands, fingers, feet and toes, but excluding dental appliances and largely cosmetic devices such as artificial breasts, eyelashes, wigs, or other devices which could not by their use have a significantly detrimental impact upon the musculoskeletal functions of the body.
"Prosthetics" means the science or practice of measuring, designing, constructing, assembling, fitting, adjusting or servicing prosthetic appliances as permitted by prescriptions from a licensed doctor of medicine or podiatry.
"Licensed prosthetist" means a person who practices prosthetics and who represents himself to the public by title or by description of services, under any title incorporating such terms as "prosthetics," "prosthetist," "prosthetic," or "L.P." or any similar title or description of services, provided that the individual has met the eligibility requirements contained in section 11 and has been duly licensed under this act.
"Licensed prosthetist assistant" means a person who is licensed pursuant to the provisions of this amendatory and supplementary act and who assists a licensed prosthetist under his direct supervision.
"Licensed prosthetist-orthotist" means any person who practices both disciplines of prosthetics and orthotics and who represents himself to the public by title or by description of services, under any title incorporating such terms as "prosthetics-orthotics," "prosthetist-orthotist," "prosthetic- orthotic," or "L.P.O." or any similar title or description of services, provided that the individual has met the eligibility requirements contained in section 11 and has been duly licensed in both disciplines of prosthetics and orthotics under this act.
"Licensed prosthetist-orthotist assistant" means a person who is licensed pursuant to the provisions of this amendatory and supplementary act and who assists a licensed prosthetist-orthotist under his direct supervision.
(cf: P.L.1991, c.512, s.3)
2. Section 4 of P.L.1991, c.512 (C.45:12B-4) is amended to read as follows:
4. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the Orthotics and Prosthetics Board of Examiners. The board shall be responsible for the licensure of orthotists and prosthetists and persons eligible to be licensed in both disciplines of prosthetics and orthotics as licensed prosthetist-orthotists and for the licensure of orthotist assistants, prosthetist assistants, and prosthetist-orthotist assistants.
(cf: P.L.1991, c.512, s.4)
3. Section 9 of P.L.1991, c.512 (C.45:12B-9) is amended to read as follows:
9. The board shall have the following duties:
a. To establish minimum requirements for orthotist, prosthetist and prosthetist-orthotist licenses and for orthotist assistant, prosthetist assistant and prosthetist-orthotist assistant licenses;
b. To establish standards, guidelines, and procedures for the completion of clinical internships;
c. To evaluate the qualifications of all applicants for licensure as orthotists, prosthetists and prosthetist-orthotists and as orthotist assistants, prosthetist assistants and prosthetist-orthotist assistants;
d. To supervise the examination of applicants;
e. To establish basic requirements for continuing education; and
f. To take any actions at the chairperson's request which may be necessary or appropriate to achieve the purposes of this act.
(cf: P.L.1991, c.512, s.9)
4. Section 11 of P.L.1991, c.512 (C.45:12B-11) is amended to read as follows:
11. To be eligible for a license to practice orthotics or prosthetics in this State, an individual shall:
a. Possess a bachelor's degree or its equivalent from an accredited college or university approved by the [Department of] Commission on Higher Education;
b. Have [the amount of] formal training [, including] consisting of a certificate program in orthotics or prosthetics from a program accredited by the National Commission for Certifying Agencies (NCCA) and any additional hours of classroom education and clinical practice, in any areas of study as the board deems necessary and appropriate;
c. Complete a clinical internship in the professional area for which a license is sought in accordance with any standards, guidelines, or procedures for clinical internships inside or outside this State established by the board, provided the supervision of interns is approved by the National Commission for Certifying Agencies (NCCA); and
d. Pass all written, practical and oral examinations, which shall be approved and required by the board and which shall be administered at least once each year.
The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the fields of orthotics and prosthetics.
(cf: P.L.1991, c.512, s.11)
5. Section 12 of P.L.1991, c.512 (C.45:12B-12) is amended to read as follows:
12. a. Any person who [has] practiced full-time for the [past] five years immediately prior to January 19, 1992 in an established prosthetic-orthotic facility as an orthotist, prosthetist, or prosthetist-orthotist [ as of the effective date of this act] may file an application with the board within 180 days [of the effective date of this act in order] after the date procedures are established by the board for applying for licensure to continue to practice orthotics or prosthetics under the provisions of this act. The applicant may obtain a license to practice orthotics or prosthetics under the provisions of this act without taking an examination, as required in subsection d. of section 11 of this act, upon receipt of payment of the licensing fee required pursuant to section 21 of this act and after the board has completed an investigation into the applicant's work history. The board shall complete its investigation for the purposes of this section within six months of the date of receipt of the application.
b. For 360 days after the date procedures are established by the board for applying for licensure, any person who has practiced full-time for not less than five years prior to the effective date of this amendatory and supplementary act in an established prosthetic-orthotic facility as an orthotist, prosthetist, or prosthetist-orthotist and who has satisfactorily completed a certificate program in orthotics or prosthetics accredited by the National Commission for Certifying Agencies (NCCA) may obtain a license to practice orthotics or prosthetics without satisfying the requirements of subsection a. of section 11 of P.L.1991, c.512 (C.45:12B-11).
(cf: P.L.1991, c.512, s.12)
6. Section 13 of P.L.1991, c.512 (C.45:12B-13) is amended to read as follows:
13. The board shall issue a license to practice orthotics or prosthetics or act as an orthotist assistant, prosthetist assistant or prosthetist-orthotist assistant to all applicants who meet the qualifications established pursuant to this act. Licenses shall be effective for a two-year period and may be renewed biennially.
Licensure shall be granted independently in orthotics or prosthetics. An individual may be licensed in both disciplines if that person meets the standards set forth by the board.
(cf: P.L.1991, c.512, s.13)
7. Section 17 of P.L.1991, c.512 (C.45:12B-17) is amended to read as follows:
17. No person shall practice, attempt to practice, or hold himself or itself out as being able to practice orthotics or prosthetics or act as an orthotist assistant, prosthetist assistant or prosthetist-orthotist assistant in this State unless that person is licensed in accordance with the provisions of this act.
(cf: P.L.1991, c.512, s.17)
8. Section 20 of P.L.1991, c.512 (C.45:12B-20) is amended to read as follows:
20. Every licensed practitioner of orthotics, prosthetics, or both, and every licensed orthotist assistant, prosthetist assistant, and prosthetist-orthotist assistant in this State shall notify the board of the practitioner's or assistant's office address. Every practitioner and assistant shall promptly notify the board of any change of office address. The board shall annually publish complete lists of the names and office addresses of all orthotists, prosthetists and prosthetist-orthotists , and all orthotist assistants, prosthetist assistants and prosthetist-orthotist assistants, licensed and practicing or assisting licensed practitioners in this State.
(cf: P.L.1991, c.512, s.20)
9. (New section) To be eligible for licensure as an orthotist assistant, prosthetist assistant or prosthetist-orthotist assistant, an individual shall submit satisfactory evidence to the board that he:
a. Is at least 18 years of age;
b. Is of good moral character;
c. Has completed formal training, including any hours of classroom education in any areas of study as the board deems necessary and appropriate; and
d. Passes all written, practical and oral examinations, which shall be approved and required by the board and which shall be administered at least once each year.
10. This act shall take effect immediately.
STATEMENT
This bill amends the "Orthotist and Prosthetist Licensing Act," enacted in 1991. That act provided that certain persons with prior experience as orthotists, prosthetists or prosthetist-orthotists who filed an application with the Orthotics and Prosthetics Board of Examiners within 180 days of the effective date of the act would be exempt from the requirement to take an examination in order to be licensed. Inasmuch as the board has yet to promulgate regulations concerning the original act, this bill extends the aforementioned "grandfather" provision based on the date procedures are established by the board for applying for licensure as an orthotist, prosthetist or prosthetist-orthotist. In addition, the bill exempts certain persons from the requirement of possessing a bachelor's degree in order to be licensed for a period of 360 days after the board establishes procedures for licensure. Persons eligible for this exemption shall have practiced full-time for not less than five years prior to the effective date of this bill in an established prosthetic-orthotic facility as an orthotist, prosthetist, or prosthetist-orthotist and have satisfactorily completed a certificate program in orthotics or prosthetics accredited by the National Commission for Certifying Agencies (NCAA).
The bill also specifies that to be eligible to practice orthotics or prosthetics in this State, an individual shall have formal training consisting of a certificate program in orthotics or prosthetics accredited by the National Commission for Certifying Agencies (NCCA). The bill further stipulates that the clinical internship in the professional area for which an orthotist, prosthetist or prosthetist-orthotist license is sought shall conform to the standards of the NCCA in regard to the supervision of interns.
Finally, the bill establishes a new category of licensed orthotist assistants, prosthetist assistants and prosthetist-orthotist assistants. These individuals shall assist and be under the direct supervision of licensed orthotists, prosthetists, and prosthetist-orthotists, as the case may be.
Revises licensing provisions for orthotists and prosthetists.