64B14-7.001: Standards of Practice
PURPOSE AND EFFECT: The Board proposes the rule amendment to add language to clarify the rule in the practice of prosthetics and orthotics.
SUBJECT AREA TO BE ADDRESSED: Standards of Practice.
SPECIFIC AUTHORITY: 468.802, 468.806 FS.
LAW IMPLEMENTED: 456.013, 456.024, 468.806 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joe Baker, Jr., Executive Director, Board of Orthotists and Prosthetists/MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3253
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64B14-7.001 Standards of Practice.
(1) Pursuant to a licensed physician’s written prescription, the orthotist, prosthetist, resident, internship or pedorthist orthotic fitter or orthotic fitter assistant shall assume the responsibility for assessing the patient, planning the patient’s treatment plan program, and directing the program. No licensee shall implement a prescription that, in the licensee’s judgment, is contraindicated. No change shall be made in the prescription without the authorization of the prescribing physician.
(2) The licensee’s or registrant’s orthotist, prosthetist, or pedorthist’s professional responsibilities include:
(a) Ongoing consultation with the prescribing physician regarding information that will impact the patient’s medical and functional outcomes.
(b) Orthotic/prosthetic evaluation of the patient.
(c) Identification and documentation of precautions, special problems, or contraindications.
(d) Development of a treatment plan including the short and long terms goals.
(e) Implementation of a treatment plan.
(f) Periodic review and update of the treatment plan, including reassessment of the patient in reference to goals and, when necessary, modification of the treatment plan.
(g) Collaboration with members of the health care team when appropriate.
(h) Prior to rendering services, aAdvising the patient or guardian, in terms which the patient or guardian can understand, of the nature and purpose of the services to be rendered, the nature and purposes of the prescribed device, and the treatment plan, techniques for use and care of an orthosis or prosthesis, and an estimate of delivery time and financial responsibilities.
(i) Determination of the appropriateness of proper fit and function of any orthosis or prosthesis.
(3) Sexual misconduct in the practice of “Orthotics/Prosthetics” by any person licensed under this chapter is prohibited. Sexual misconduct in the practice of orthotics/ prosthetics means exercising influence within the licensee-patient relationship for purposes of engaging a patient in sexual activity.
(4) It is below the standards of practice for any person licensed under this chapter orthotists/prosthetists to practice if they are unable to practice with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics or chemicals, or any other type of material, or as a result of any mental or physical condition.
(5) It is below the standard of practice and prohibited under this section for any person licensed under this chapter to delegate or assign activities, tasks or procedures that fall within the scope of any practice defined in Section 468.80, F.S., to support personnel, without providing direct supervision for the performance of the activities, tasks or procedures. Direct Supervision requires:
(a) The licensed orthotist, prosthetist, orthotist/prosthetist, or pedorthist to provide a physical evaluation of each patient’s orthotic and or prosthetic needs and may delegate appropriate duties to support personnel. However, the licensed practitioner shall physically evaluate the effectiveness, appropriateness and fit of all devices within the scope of the licensed practitioner’s licensure practice requirements, including those repaired devises in which the repairs affect the fit, physical structure or bio-mechanical function of the devise, on every patient, prior to the delivery of the device;
(b) For the purpose of replacement of worn or broken components which do not in any way alter the fit, physical structure or bio-mechanical functioning of the existing device, direct supervision of support personnel providing repairs to orthoses or prosthesis means the aforementioned repair must be approved by the appropriately licensed practitioner prior to beginning of repairs. The responsible licensed practitioner must at all times be accessible by two way communication, enabling the supervisor to respond to questions relating to the repair.
Rulemaking Specific Authority 468.802 FS. Law Implemented 456.063(1), 456.072(1)(o), (u), 468.802, 468.808 FS. History–New 7-1-98, Amended 10-24-04, 1-16-06,_________.