Chapter 360-31 ORTHOTISTS AND PROSTHETISTS
(1) |
The application form shall be
completed according to the instructions provided in the
application. |
(2) |
Reference forms shall be valid for up to six (6) months from the date
of signature.
If the application is not approved during the
six-month period, the Board may require a new and more current
reference.
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(3) |
Applications must be complete, including all required documentation,
signatures and seals. Application files are not considered completed
until all required information, documentation and fees have been
received by the Board. No application will be considered by the Board
until the application is complete. |
(4) |
Applicants shall inform the
Board in writing within 10 days of a change of address while an
application is pending. |
(5) |
Application fees are
nonrefundable. |
(6) |
Deposit of an application fee by the Board does not indicate
acceptance of the application or that any other licensing
requirements have been fulfilled. |
(7) |
Incomplete applications that
have been on file with the Board for more than one year shall be
deemed invalid. No further action will take place on applications
that have been incomplete for more than a year until a new
application is received in accordance with the provisions of this
chapter with the appropriate application fee. |
(1) |
To qualify for a license to
practice orthotics and/or prosthetics, a person must complete an
application, pay an application fee, and meet the qualifications
listed below:
(a) |
An applicant must
meet one of the following education and experience requirements:
1. |
Possess a baccalaureate or
higher degree from a college or university; have completed a
nationally accredited program in orthotics, prosthetics, or orthotics
and prosthetics that meets or exceeds the requirements, including
clinical practice, of the Commission on Accreditation of Allied
Health Programs ("CAAHEP"); and have completed a clinical residency
in the professional area for which the license is sought in according
with the standards, guidelines or procedures for residencies inside
or outside this state approved by the Board
(a) |
The majority of the training in
the clinical residency must have been under the supervision of a
person licensed in orthotics or prosthetics, or if the training was
prior to July 1, 2005, it must have been under the supervision of a
person certified as an orthotist, prosthetist, or prothestist and
orthotist or |
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2. |
Possess an associate or higher
degree from a college or university with successful completion of
courses in human anatomy, physiology, physics, chemistry; and have
completed at least five (5) years of continued work experience in the
discipline for which the license is sought under the supervision of a
practitioner licensed in such discipline or certified in such
discipline by an agency accredited by the National Commission for
Certifying Agencies. |
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(b) |
An applicant must obtain a
passing score on the examination given by the American Board for
Certification in Orthotics and Prosthetics Incorporated ("ABC") or
its successor or other examination as approved by the Board for
certification in the discipline for which the license is
sought. |
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(2) |
Nothing in this rule shall be construed to prevent the Board from
denying or conditionally granting an application for
licensure. |
The Board may, at its discretion, waive the
examination requirements for an applicant who is an orthotist and
prosthetist and is:
(a) |
Is
licensed under the laws of another state, territory or country, if
the requirements for licensure at the date of his or her licensure
were equal to or more stringent than the requirements in force in the
State of Georgia; or |
(b) |
Is certified as an orthotist or prosthetist by a national certifying
organization that is accredited by the National Commission for
Certifying Agencies, and has educational and testing standards equal
to or more stringent than the licensing requirements of the State of
Georgia. |
(1) |
A licensee shall notify the
Board in writing within 30 days after the licensee's name is legally
changed. At the time of notification, the licensee shall submit a
certified copy of the official document evidencing the name change.
If the name change occurred during naturalization, the application
must also include the naturalization number, the name and address of
the court, the date of naturalization, and the name change. After
receipt of the required notification and documentation, the Board
will issue a duplicate license in the new name. |
(2) |
A licensee shall notify the
Board in writing within 30 days after a change in the licensee's
address of record. Failure to so notify the Board of an address
change is a violation of this rule and grounds for disciplinary
action. |
(3) |
A licensee
who utilizes a post office box as the address of record shall also
provide a street address where the Board may contact the
licensee. |
(1) |
Duplicate licenses may be
issued upon approval by the Board if the original license is lost,
stolen, or destroyed, or if the licensee has had a legal change of
name. |
(2) |
To request a
duplicate license, the licensee must submit a notarized application
stating the reason the duplicate license is requested. If the
application is based on a name change, the licensee must provide the
documentation required by Rule
360-31-.04 |
(3) |
All applications must include
the duplicate license fee. The duplicate license fee shall be
designated in the fee schedule. |
(1) |
All active licenses must be
renewed on a biennial basis. Orthotist and/or Prosthetist licenses
will expire on the last day of the month in which the applicant's
birthday falls. |
(2) |
Approximately 60 days prior to the expiration date, the Board may as
a courtesy, mail a notice for license renewal to the last address on
file in the Board's records to every person holding a current
license. Failure to receive such notification shall not relieve the
licensee of the obligation to renew and pay the required fee prior to
the expiration date of the license. Deposit of the renewal fee by the
Board does not indicate acceptance of the renewal application or that
any licensing requirements have been fulfilled. |
(3) |
To be eligible for renewal,
licensees must answer questions on their biennial renewal form which
establish satisfaction of Board approved continuing education
requirements or eligibility for waiver or variance pursuant to Rule
360-31-.07. Failure to meet
the continuing education requirements is a basis for
nonrenewal. |
(4) |
Failure
to renew a license by the expiration date shall result in a
restoration fee for late renewal as required by the Board. Licenses
that have expired less than two years may be renewed by submitting a
renewal application, establishing compliance with the continuing
professional education requirements prescribed by the Board, and
paying the restoration fee prescribed by the Board. |
(5) |
Licenses not renewed for a
period greater than two years may be restored by,
(a) |
fulfilling the requirements of
360-31-.06(4) and, |
(b) |
filing proof acceptable to the Board of his or her fitness to have
his or her license restored by either completing a period of
evaluated clinical experience and successful completion of an
examination approved by the Board or by other method as approved by
the Board. |
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(6) |
Notwithstanding the provisions of paragraphs (4) and (5) of this
rule, a person whose license expired while he or she was in active
duty with the regular or reserve component of the United States armed
forces, the United States Coast Guard, the Georgia National Guard, or
the Georgia Air National Guard on ordered federal duty for a period
of ninety (90) days or longer, whose license expired while serving on
active duty outside the state shall be permitted to practice in
accordance with the expired license and shall not be charged with a
violation relating to such practice on an expired license for a
period of six (6) months from the date of his or her discharge from
active duty or reassignment to a location within the state. |
(7) |
Notwithstanding the provisions
of paragraph (5) of this rule, a person whose license expired while
he or she was:
(a) |
in federal
service on active duty with the armed forces of the United States or
with the state militia and called into service or training; |
(b) |
in training or education under
the supervision of the United States preliminary to induction into
military service. May have his or her license renewed or restored
without paying a lapsed renewal fee if, within two (2) years after
termination from the service or training, except under conditions
other than honorable, he or she furnishes the Board with satisfactory
evidence that he or she has been so engaged and that his or her
service, training or education has been terminated. |
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(8) |
Except as provided
in paragraph (6) of this rule, a person with an expired orthotist
and/or prosthetist license shall not engage in the practice of
orthotics and/or prosthetics and hold himself or herself out as being
able to practice such professions until such time as the Board has
approved his or her application for renewal or
reinstatement. |
(1) |
To be eligible to renew a
license, each licensee must complete thirty (30) hours of Board
approved continuing education during the two years preceding license
renewal. An applicant for renewal of an individual license to
practice orthotics or prosthetics who has been initially licensed by
the Board for less than two years shall not be required to complete
the continuing education hours in order to renew for the first
biennium.
(a) |
the Board is
authorized to waive the continuing education required for renewal in
cases of hardship, disability, illness, service in the United States
Congress or Georgia General Assembly, military service or other
circumstances as the Board deems appropriate if supported by adequate
documentation acceptable to the Board.
1. |
Applicant seeking such an
exemption must submit a written request and documentation to support
their eligibility for such an exemption. |
2. |
Said request for an exemption
shall be submitted to the Board not less than 60 days prior to the
expiration of the license to receive a determination from the Board
as to whether an exemption would be granted. |
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(2) |
Each licensee shall
be required to answer questions on their biennial renewal application
form that establish compliance with Board approved continuing
education requirements. Licensees will not be required to send
documentation of compliance with continuing education requirements
for renewal, unless requested by the Board pursuant to Rule
360-31-.07(4). False statements regarding satisfaction of continuing
education on the renewal form or any other document connected with
the practice of orthotics and/or prosthetics may subject the licensee
to disciplinary action by the Board. |
(3) |
Each licensee who must meet the
requirements of this chapter must maintain a record of attendance and
supporting documents for Board approved continuing education for a
period of five (5) years from the date of attendance. At a minimum,
the following information must be kept:
(c) |
hours of continuing education
units completed; and |
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(4) |
The Board will audit a fixed
percentage of randomly selected renewal applications to monitor
compliance with the continuing education requirements. Any licensee
so audited shall be required to furnish documentation of compliance
including name of provider, name of program, hours/continuing
education units completed and date of completion. Any licensee so
audited that has been found to be out of compliance with the Board's
continuing education requirements may be subject to disciplinary
action. |
(5) |
Continuing
education hours that are used to satisfy a deficiency may not be used
for purposes of renewal of the applicant's license for the next
biennium. |
(6) |
Any
applicant seeking renewal of a license without having fully complied
with the Board's continuing education requirement who wishes to seek
a waiver or variance of this rule shall file with the Board.
(a) |
a renewal application and fee
and |
(b) |
a statement that
complies with the provisions of O.C.G.A. § 50-13-9.1
setting forth the specific facts of substantial hardship which would
justify a variance or waiver, including the alternative standards
which the person seeking a waiver or variance agrees to meet and a
showing that such alternative standards will afford adequate
protection for the public health, safety and welfare; and the reason
why the variance would serve the purpose of the underlying
statute. |
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(7) |
All renewal applicants must provide an affidavit and a secure and
verifiable document in accordance with O.C.G.A.
50-36-1(f).
If the applicant has previously provided a secure and verifiable
document and affidavit of United States citizenship, no additional
documentation of citizenship is required for renewal. If the
applicant for renewal is not a United States citizen, he/she must
submit documentation that will determine his/her qualified alien
status. The Board participates in the DHS-USCIS SAVE (Systematic
Alien Verification for Entitlements or "SAVE") program for purpose of
verifying citizenship and immigration status information of non-U.S.
citizens. If the applicant for renewal is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act,
he/she must provide the alien number issued by the Department of
Homeland Security or other federal agency. |
(1) |
A licensee who does not intend
to practice orthotics and/or prosthetics may apply to the Board for
inactive status by submitting an application and the fee. An
individual with an inactive license shall not practice prosthetics or
orthotics in this State. |
(2) |
In order to restore a license
to practice orthotics and/or prosthetics, an applicant must complete
an application and pay the current renewal fee and file proof
acceptable to the Board of his or her fitness to have his or her
license restored as provided in Rule
360-31-.06. |
(1) |
No person shall practice
orthotics or prosthetics in this state and hold himself or herself
out as being able to practice such or engage or offer to engage in
such professions unless he or she is licensed pursuant to the
Orthotics and Prosthetics Practice Act or is exempt from such
licensing pursuant to O.C.G.A. § 43-34-193. |
(2) |
The Board may refuse to grant
the license of any applicant who has engaged in the unlicensed
practice of orthotics or prosthetics or administer other discipline
pursuant to O.C.G.A. §§ 43-34-8
or
43-34-196
upon the issuance of a license to an applicant who has engaged in the
unlicensed practice of orthotics or prosthetics. |
(1) |
No person shall work as an
assistant to an orthotist, prosthetist or prosthetist orthotist and
provide patient care services of fabrication of an orthosis or
prosthesis, unless he or she is doing the work under the supervision
of a licensed orthotist, prosthetist or prosthetist orthotist.
(a) |
Patient Care Services is the
assessment, measuring, molding, casting, fitting, or delivering a
prosthesis or orthoses. |
(b) |
Supervision means the
supervising licensed orthotist, prosthetist or prosthetist orthotist
is physically present in the same building and available to lend
assistance if needed. |
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(2) |
No person shall work as a
technician unless the work is performed under the supervision of a
person licensed under this article.
(a) |
Supervision of a technician
means the licensed practitioner will give direction and instruction
to the technician as to how the device is to be fabricated. The
technician will build the device according to the given
specifications. The technician will not provide direct patient care
services. The licensed practitioner is responsible for the quality of
the fabrication of the device that is delivered to the
patient. |
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A licensed orthotist or a licensed prosthetist may
provide care or services only if the care or services are provided
pursuant to an order from a licensed physician or
podiatrist.
(1) |
The intention and policy of the
Board is to reflect the cultural diversity of the citizens of Georgia
in the composition of the Orthotist and Prosthetist Advisory
Committee ("Advisory Committee"). The Advisory Committee shall be
comprised as follows:
(a) |
At least
four (4) appointees, who are licensed orthotists and/or prosthetists
and representative of such professions, and such other individuals as
the Board, in its discretion, may determine. |
(b) |
All appointees to the Advisory
Committee shall have on file with the Executive Director of the
Board, or his/her designee, a resume and three (3) letters of
recommendation, one of which may be from a physician familiar with
the appointee's practice of orthotics or prosthetics. |
(c) |
In order to preserve continuity
on the Advisory Committee, current appointees shall serve a two-year
term and new appointees shall serve a four-year term. At the time of
the appointment, each appointee will be notified in writing by the
Executive Director of the Board as to the beginning and ending dates
of his or her respective appointment terms. Each may reapply to the
full Board to serve additional terms. |
(d) |
In the event an Advisory
Committee member is replaced during a term, the replacement member
will serve the remaining time of that term as a partial term. An
Advisory Committee member who serves a partial term, after the
completion of the partial term, is eligible to serve subsequent
two-year terms. |
(e) |
Appointees shall serve without compensation from the State of Georgia
for their time and expenses. |
(f) |
There should be no more than
two (2) members of the committee employed by the same
company. |
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(2) |
The Advisory Committee shall advise the Board on matters pertaining
to the appointment of the Advisory Committee members and matters
within the purview of the Orthotics and Prosthetics Practice Act. The
Board, in consultation with the Advisory Committee, shall:
(a) |
Determine the qualifications
and fitness of applicants for licensure and renewal of
licensure; |
(b) |
Adopt and
revise rules consistent with the laws of the State of Georgia that
are necessary to conduct its duties and administer the Act;
and |
(c) |
Examine for,
approve, issue, deny revoke, suspend and renew the license of
applicants and licensees and conduct hearings in connection with all
duties to be performed pursuant to the Act. |
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(3) |
Advisory Committee members, who
are not members of the Board, must be available to meet on an as
needed basis and may not miss more than three (3) consecutive
meetings of the Advisory Committee, or four (4) meetings in a
calendar year, without an excused absence from either the Executive
Director of the Board or the Board Chairperson.
(a) |
The Advisory Committee may
recommend to the Board the removal of a member for violation of the
attendance rule. Such a recommendation shall be by majority vote of
the Advisory Committee. |
(b) |
Upon receipt of such
recommendation for removal, the Board may remove a member of the
Advisory Committee by a majority vote. |
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(4) |
Advisory Committee vacancies
may be filled by the Board upon recommendation from the Advisory
Committee. All applicants must meet any deadline set by the Board and
shall have on file with the Executive Director of the Board, or with
his/her designee, a resume and three (3) letters of recommendation,
one of which may be from a physician familiar with the applicant's
practice of orthotics or prosthetics. |