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.
|
| (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 |
|
| 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. |
|
| (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. |
|
| (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. |
|
| (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. |
|
| (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. |
|
|
| (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 |
|
| (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. |
|
| (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. |
|
| (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. |
|
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. |
|
| (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. |
|
| (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. |
|
| (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. |
