I 

110TH CONGRESS 

2D SESSION H. R. 5623 

To amend title 38, United States Code, to establish licensure requirements 

for employees and contractor personnel of the Department of Veterans 

Affairs performing orthotics services, pedorthics services, or prosthetics 

services in any State in which there is a State licensure requirement 

for persons performing those services in private practice. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Ms. GINNY BROWN-WAITE of Florida (for herself and Mr. MILLER of Florida) 

introduced the following bill; which was referred to the Committee on 

Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to establish licensure 

requirements for employees and contractor personnel of 

the Department of Veterans Affairs performing orthotics 

services, pedorthics services, or prosthetics services in 

any State in which there is a State licensure requirement 

for persons performing those services in private practice. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 5623 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Vet3 erans Affairs Prosthetics Employees Standards Act of 

4 2007’’. 

5 SEC. 2. EMPLOYMENT STANDARDS FOR PROSTHETICS EM6 PLOYEES AND CONTRACTOR PERSONNEL OF 

7 DEPARTMENT OF VETERANS AFFAIRS. 

8 (a) PROFESSIONAL STANDARDS.—(1) Chapter 74 of 

9 title 38, United States Code, is amended by inserting after 

10 section 7411 the following new section: 

11 ‘‘§ 7412. Orthotics, pedorthics, and prosthetics em12 ployees and contractor personnel 

13 ‘‘(a) REQUIREMENT FOR OBSERVANCE OF STATE LI14 CENSURE REQUIREMENTS.—The Secretary shall require 

15 that an individual may perform orthotics services, 

16 pedorthics services, or prosthetics services for patients of 

17 the Department as an employee of the Department, or as 

18 an employee of a contractor of the Department, at a work 

19 site in a State in which there is a State licensure require20 ment applicable to the performance of those services in 

21 private practice only if the individual is licensed to per22 form those services in accordance with the licensure re23 quirements of that State. The purpose of the requirement 

24 in the preceding sentence is to ensure that veterans receive 

25 the same quality of service and treatment in orthotics and 


hsrobinson on PROD1PC76 with BILLS
3 

•HR 5623 IH

1 prosthetics services as the public consumer of those serv2 ices is assured by the State licensure process. 

3 ‘‘(b) PRACTITIONERS PROVIDING SERVICES IN MORE

4 THAN ONE STATE.—This section does not require a prac5 titioner who has a license from a State to obtain an addi6 tional State license when the practitioner is providing serv7 ices covered by the license within a single benefits delivery 

8 region of the Department and the practitioner the State 

9 from which the practitioner holds a license has substan10 tially similar licensure requirements as other States within 

11 that region. 

12 ‘‘(c) ANNUAL REPORT TO CONGRESS.—The Sec13 retary shall submit to Congress an annual report regard14 ing the implementation of this section. 

15 ‘‘(d) DEFINITIONS.—For purposes of this section: 

16 ‘‘(1) The term ‘orthotics’ means the science 

17 that deals with the use of specialized mechanical de18 vices to support or supplement weakened or abnor19 mal joints or limbs. 

20 ‘‘(2) The term ‘pedorthics’ means the science 

21 concerned with the design, manufacture, fit, and 

22 modification of foot appliances as prescribed for re23 lief of painful or disabling conditions of the foot. 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 5623 IH

1 ‘‘(3) The term ‘prosthetics’ means the branch 

2 of medicine or surgery that deals with the produc3 tion and application of artificial body parts. 

4 ‘‘(e) TRANSITION.—During the one-year period be5 ginning on the date of the enactment of this section, the 

6 Secretary may waive the provisions of subsection (a) for 

7 any individual who as of that date would otherwise be cov8 ered by that subsection.’’. 

9 (2) The table of sections at the beginning of such 

10 chapter is amended by inserting after the item relating 

11 to section 7411 the following new item: 

‘‘7412. Orthotics, pedorthics, and prosthetics employees and contractor personnel.’’. 

12 (b) EFFECTIVE DATE.—The Secretary of Veterans 

13 Affairs shall prescribe regulations for the purposes of sec14 tion 7412 of title 38, United States Code, as added by 

15 subsection (a), not later than 90 days after the date of 

16 the enactment of this Act. 

17 (c) IMPLEMENTATION.—The Secretary shall fully im18 plement regulations referred to in subsection (b) not later 

19 than one year after the date of the enactment of this Act. 

Æ 


hsrobinson on PROD1PC76 with BILLS