Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 35 - Center for Health Protection › Rule 007.35.23-004 - Rules for Orthotic, Prosthetic, and Pedorthic Providers in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
AUTHORITY.
These Rules are promulgated under the authority of the Arkansas
				Orthotics, Prosthetics and Pedorthics Practice Act of 2007, Ark. Code Ann.
				§
									17-107-101 et seq., as
				amended.
SECTION 2.
PURPOSE
In addition to the purposes provided by the Act, these Rules
				are promulgated to protect the health and safety of individuals receiving
				orthotic, prosthetic, or pedorthic services in Arkansas.
SECTION 3.
DEFINITIONS
A.
Act
means the Arkansas
			 Orthotics, Prosthetics and Pedorthics Practice Act of 2007, as may be amended,
			 and codified at Ark. Code Ann. §
									17-107-101 et seq.
B.
Advisory Board
or
board
means the Arkansas Orthotics, Prosthetics and Pedorthics
			 Advisory Board.
C.
Automatic
			 Licensure
means granting the occupational licensure without an
			 individual having met occupational licensure requirements provided under the
			 Arkansas Code or by other provisions in these Rules.
D.
Board for Certification in
			 Pedorthics
has merged and is now known as the American Board for
			 Certification in Orthotics, Prosthetics, and Pedorthics, Inc.
E.
Automatic Licensure
means
			 granting the occupational licensure without an individual having met
			 occupational licensure requirements provided by the rules of the occupational
			 licensing entity.
F.
Board of
			 Health
means the Arkansas State Board of Health.
G.
Department
means the Arkansas
			 Department of Health.
H.
Custom Fabricated and Fitted Devices
.
1. Custom fabricated and fitted device means
			 an orthosis, prosthesis, or pedorthic device which is fabricated to original
			 measurements or a mold for use by a patient in accordance with a prescription
			 from a health care practitioner authorized by law to write such prescriptions
			 and which requires substantial clinical and technical judgment in its design
			 and fitting.
2. Custom fitted
			 device means a prefabricated orthosis, prosthesis, or pedorthic device sized or
			 modified for use by the patient in accordance with a prescription from a health
			 care practitioner authorized by law to write such prescriptions and which
			 requires substantial clinical judgment and substantive alteration for
			 appropriate use.
3. Custom
			 fabricated devices and custom fabricated and fitted devices must be dispensed
			 by a licensed health care practitioner or by a person licensed under these
			 rules in accordance with a prescription from a licensed health care
			 practitioner.
I.
Off-the-shelf device
means a prefabricated prosthesis or orthosis
			 sized or modified for use by the patient in accordance with a prescription from
			 a health care practitioner authorized by law to write such prescriptions and
			 which does not require substantial clinical judgment and substantive alteration
			 for appropriate use.
1. The sale of
			 over-the-counter and off-the-shelf devices by non-licensed persons is not
			 prohibited by these rules.
J.
Orthosis
means an external
			 device that is:
1. Intended to restore
			 physiological function or cosmesis to a patient; and
2. Custom-designed, fabricated, assembled,
			 fitted, or adjusted for the patient using the device prior to or concurrent
			 with the delivery of the device to the patient.
3. Orthosis does not include a cane, crutch,
			 corset, dental appliance, elastic hose, elastic support, fabric support,
			 generic arch support, low- temperature plastic splint, soft cervical collar,
			 truss, or other similar device that:
4. Is carried in stock and sold without
			 therapeutic modification by a corset shop, department store, drug store,
			 surgical supply facility, or similar retail entity; and
5. Has no significant impact on the
			 neuromuscular, musculoskeletal, or neuromusculoskeletal functions of the
			 body.
K.
Orthotics
means the science and practice of providing or managing
			 the provision of an orthosis based on clinical assessment, technical judgment,
			 and an order from a healthcare practitioner authorized by law to write an order
			 for an orthosis.
L.
Orthotic
			 assistant
means an individual who is licensed under this chapter to
			 assist an orthotist or an orthotist/prosthetist with patient care services and
			 fabrication of orthoses or pedorthic devices under the supervision of an
			 orthotist or an orthotist/prosthetist.
M.
Orthotic education program
means a course of instruction in orthotics:
1.
			 Accredited by the Commission on Accreditation of Allied Health Education
			 Programs; and
2. Approved by the
			 Advisory Board.
N.
Orthotic resident
means an individual who has completed an
			 orthotic education program and is continuing his or her clinical education in
			 an orthotic residency program:
1. Accredited
			 by the National Commission on Orthotic and Prosthetic Education; and
2. Approved by the Advisory Board.
O.
Orthotic/prosthetic
			 assistant
means an individual who is licensed under this chapter to
			 assist both an orthotist and a prosthetist with patient care services and
			 fabrication of prostheses, orthoses, or pedorthic devices under the supervision
			 of an orthotist, an orthotist/prosthetist, or a prosthetist as
			 appropriate.
P.
Orthotist
means an individual who is licensed under this chapter
			 to practice orthotics and pedorthics.
Q.
Orthotist/prosthetist
means
			 an individual who is licensed to practice orthotics, pedorthics, and
			 prosthetics.
R.
Over-the-Counter
means a prefabricated, mass-produced device that
			 is prepackaged and requires no professional advice or judgment in either size
			 selection or use, including fabric or elastic supports, corsets, generic arch
			 supports and elastic hoses.
S.
Pedorthic device
means therapeutic footwear, foot orthoses for use
			 at the ankle or below, or footwear modified for therapeutic purposes as ordered
			 by a licensed health care practitioner authorized by law to write an order for
			 a pedorthic device. "Pedorthic device" does not include:
1. Nontherapeutic accommodative inlays or
			 nontherapeutic accommodative footwear regardless of method of
			 manufacture;
2. Shoes modified or
			 made for nontherapeutic purposes;
3. Unmodified shoes; or
4. Prefabricated foot care
			 products;
T.
Pedorthic
education program means a course of instruction in
			 pedorthics:
1. Accredited by the American
			 Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.;
			 and
2. Approved by the Advisory
			 Board.
U.
Pedorthics
means the science and practice of providing or managing
			 the provision of a pedorthic device based on clinical assessment, technical
			 judgment, and an order from a health care practitioner authorized by law to
			 write an order for a pedorthic device;
V.
Pedorthist
means an
			 individual who is licensed under this chapter to practice pedorthics.
W.
Prefabricated device
means a
			 mass-produced device that:
1. Is prepackaged,
			 carried in stock, and sold off the shelf or over the counter by a corset shop,
			 department store, drug store, surgical supply facility, or similar retail
			 entity; and
2. Does not require
			 clinical assessment, technical judgment, or therapeutic modification for
			 appropriate use by the customer.
3.
			 "Prefabricated device" may include a cane, a crutch, a corset, an elastic hose,
			 an elastic support, a fabric support, a generic arch support, a low-temperature
			 plastic splint, a soft cervical collar, a truss, or other similar device.
X.
Prosthesis
means an external device that is:
1. Intended to replace an absent external
			 body part for the purpose of restoring physiological function or cosmesis to a
			 patient; and
2. Custom-designed,
			 fabricated, assembled, fitted, or adjusted for the patient using the device
			 prior to or concurrent with being delivered to the patient.
3. "Prosthesis" does not include an
			 artificial eye, an artificial ear, a dental appliance, a cosmetic device, such
			 as artificial eyelashes or wigs, an artificial facial device, or other device
			 that does not have a significant impact on the neuromuscular, musculoskeletal,
			 or neuromusculoskeletal functions of the body.
Y.
Prosthetic assistant
means an
			 individual who is licensed under this chapter to assist a prosthetist or
			 orthotist/prosthetist with patient care services and fabrication of prostheses
			 under the supervision of a prosthetist or an orthotist/prosthetist.
Z.
Prosthetic education program
means a course of instruction in prosthetics:
1. Accredited by the Commission on
			 Accreditation of Allied Health Education Programs; and
2. Approved by the Advisory Board.
AA.
Prosthetic
			 resident
means an individual who has completed a prosthetic education
			 program and is continuing his or her clinical education in a prosthetic
			 residency program:
1. Accredited by the
			 National Commission on Orthotic and Prosthetic Education; and,
2. Approved by the Advisory Board.
BB.
Prosthetics
means
			 the science and practice of providing or managing the provision of a prosthesis
			 based on clinical assessment, technical judgment, and an order from a health
			 care practitioner authorized to write an order for a prosthesis.
CC.
Prosthetist
means an
			 individual who is licensed under this chapter to practice
			 prosthetics.
DD.
Returning
			 military veteran
means a former member of the United States Armed Forces
			 who was discharged from active duty under circumstances other than
			 dishonorable.
EE.
Therapeutic
			 Footwear
. The following actions with respect to therapeutic footwear and
			 medical devices for the foot and ankle must be performed by a licensed health
			 care practitioner who is acting within his or her lawful scope of practice:
1. Modifications or additions to the interior
			 or exterior of footwear for therapeutic purposes, including but not limited to
			 heel lifts, outflare heels, Thomas heels, full sole lifts, wedged soles, rocker
			 bottom soles, metatarsal bars, metatarsal raises or inserts that have fillers
			 as part of their construction, toe fillers, and partial foot fillers;
2. Permanent or temporary attachment of an
			 orthosis to the footwear;
3.
			 Addition or modification of a removable or attached therapeutic foot device
			 inside the shoe which was fabricated based on a cast, impression, mold, scan,
			 imprint or tracing;
4. Creation of
			 an image of a person's foot or ankle through the use of a mold, cast, scanning
			 device, digital appliance, tracing, pressure sensitive device or other similar
			 device; and
5. Analysis,
			 evaluation, measurement, assessment, or screening of a foot for the purpose of
			 making a therapeutic recommendation.
FF.
Uniformed Service Member
means an active or reserve component member of the United States Air Force,
			 United States Army, United States Coast Guard, United States Marine Corps,
			 United States Navy, United States Space Force, or National Guard; an active
			 component member of the National Oceanic and Atmospheric Administration
			 Commissioned Officer Corps; or an active or reserve component member of the
			 United States Commissioned Corps of the Public Health Service.
GG.
Uniformed Service Veteran
means a former member of the United States uniformed services discharged under
			 conditions other than dishonorable.