Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 05 - Health Facility Services › Rule 007.05.08-001 - Rules for Orthotic, Prosthetic and Pedorthic Practitioners 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.
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
1)
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.
2)
Advisory Board
or
board
means the Arkansas Orthotics, Prosthetics and Pedorthics
			 Advisory Board.
3)
Board for
			 Certification in Pedorthics
has merged and is now known as the American
			 Board for Certification in Orthotics, Prosthetics, and Pedorthics,
			 Inc
4)
Board of Health
means the Arkansas State Board of Health.
5)
Department
means the Arkansas
			 Department of Health.
6)
Custom Fabricated and Fitted Devices
.
a. 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.
b. 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.
c. 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.
7)
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.
a. The sale of
			 over-the-counter and off-the-shelf devices by non-licensed persons is not
			 prohibited by these rules.
8)
Orthosis
means an external
			 device that is:
a. Intended to restore
			 physiological function or cosmesis to a patient; and
b. 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.
c. 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:
i. 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
ii. Has no significant
			 impact on the neuromuscular, musculoskeletal, or neuromusculoskeletal functions
			 of the body.
9)
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 health care practitioner authorized by law to write an
			 order for an orthosis.
10)
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 under the supervision of an orthotist or
			 an orthotist/prosthetist.
11)
Orthotic education program
means a course of instruction in
			 orthotics:
a. Accredited by the Commission on
			 Accreditation of Allied Health Education Programs; and
b. Approved by the Advisory Board.
12)
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:
a. Accredited by the National Commission on
			 Orthotic and Prosthetic Education; and
b. Approved by the Advisory Board.
13) 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.
14)
Orthotist
means an
			 individual who is licensed under this chapter to practice orthotics and
			 pedorthics.
15)
Orthotist/prosthetist
means an individual who is licensed to
			 practice orthotics, pedorthics, and prosthetics.
16)
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.
17)
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:
a. Nontherapeutic accommodative inlays or
			 nontherapeutic accommodative footwear regardless of method of
			 manufacture;
b. Shoes modified or
			 made for nontherapeutic purposes;
c. Unmodified shoes; or
d. Prefabricated foot care
			 products;.
18)
Pedorthic education program
means a course of instruction in
			 pedorthics:
a. Accredited by the American
			 Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.;
			 and
b. Approved by the Advisory
			 Board.
19)
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;
20)
Pedorthist
means an
			 individual who is licensed under this chapter to practice pedorthics.
21)
Prefabricated device
means a
			 mass-produced device that:
a. 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
b. Does not require
			 clinical assessment, technical judgment, or therapeutic modification for
			 appropriate use by the customer.
c.
			 "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.
22)
Prosthesis
means an external device that is:
a. Intended to replace an absent external
			 body part for the purpose of restoring physiological function or cosmesis to a
			 patient; and
b. Custom-designed,
			 fabricated, assembled, fitted, or adjusted for the patient using the device
			 prior to or concurrent with being delivered to the patient.
c. "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.
23) 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.
24)
Prosthetic education program
means a course of instruction in prosthetics:
a. Accredited by the Commission on
			 Accreditation of Allied Health Education Programs; and
b. Approved by the Advisory Board.
25)
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:
a. Accredited by the
			 National Commission on Orthotic and Prosthetic Education; and
b. Approved by the Advisory Board.
26)
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.
27)
Prosthetist
means an
			 individual who is licensed under this chapter to practice
			 prosthetics.
28)
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:
a. 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;
b. Permanent or temporary attachment of an
			 orthosis to the footwear;
c.
			 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;
d. 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
e. Analysis,
			 evaluation, measurement, assessment, or screening of a foot for the purpose of
			 making a therapeutic recommendation.