SB 60 (BR 111) - J. Schickel, D. Harper Angel
AN ACT relating to prosthetics, orthotics, and pedorthics.
Establish and create new sections of KRS Chapter 319B, regarding the licensing and regulation of practitioners of prosthetics, orthotics, and pedorthics; define terms for the chapter; establish the Kentucky Board of Prosthetics, Orthotics, and Pedorthics and its appointment and meeting procedures; clarify board liability to include requirement that current or former board members or affiliated persons act with ordinary care; delineate the duties of the board; require the board to administer and enforce the provisions of the chapter and to promulgate administrative regulations to establish factors for licensure of prosthetists, orthotists, pedorthists, and orthotic fitters; state additional powers of the board, including the authority to employ needed personnel and contract with the Division of Occupations and Professions for the provision of administrative services; declare rules for actual physical licenses, practice authorization, and scope of practice; set a July 1, 2011, deadline for practice under prior certification, and a January 1, 2013, deadline for practicing without a license from the board; clarify that both major certifying boards for pedorthists are considered equivalent for pedorthist certification and standards of practice until superseded by the board's standards on July 1, 2011; indicate that care or services eligible for reimbursement by Medicare, Medicaid, or health insurance may only be provided pursuant to an order from a licensed physician or advanced registered nurse practitioner; exempt individuals engaging in their profession from the authority of Chapter 319B, including licensed health care practitioners or providers, physical therapists, occupational therapists, physicians, chiropractors, pharmacists, and other specified individuals; exclude application of the chapter to the practice of prosthetics, orthotics, or pedorthics by licensed physicians, federal employees, designated students, or defined orthosis manufacturer employees; forbid any person from practicing as or professing to be any of the licensed professionals in the chapter without a valid current license; establish license expiration and renewal dates and procedures; authorize the board to grant reciprocity with other jurisdictions, discipline licensees or deny applicants for unprofessional conduct, and set fees within specified limits; list penalties for violations of provisions of the chapter after January 1, 2013, as a Class A misdemeanor and a maximum $5,000 fine per violation; exempt the initial prosthetist, orthotist, and pedorthist appointments to the board from the licensing requirement; make all subsequent practitioner appointments to the board comply with the standard licensing requirements; name KRS Chapter 319B the "Henry Brown Prosthetics, Orthotics, and Pedorthics Act."
SB 60 - AMENDMENTS
SFA (1, J. Denton) - Retain original provisions, except revise the definitions of "facility," "pedorthic device," and "pedorthist"; clarify the method for reimbursement of board member expenses; reduce board duties related to continuing education from accreditation of programs to approval of programs; grant licensees 30 days to inform the board of a name change or a change in employment, home address, or telephone; extend deadline for practicing under prior certification to January 1, 2013; permit, rather than require, the board to license individuals under prior certification after the board has completed a review of the applicant's work history and scope of practice; decrease the time worked in a relevant facility as a means for licensure from 5 years to 4 years; prohibit dispensing a custom-fit device based on an image without a written prescription; delete the prohibition on board funds reverting to the general fund.
SFA (2, J. Higdon) - Delete original provisions; direct the staff of the Legislative Research Commission to study the issues associated with licensed and unlicensed prosthetists, orthotists, pedorthists, and orthotic fitters, including the advantages and disadvantages of licensure of these professions in Kentucky.
SFA (3, B. Leeper) - Retain original provisions except exempt a person certified as a therapeutic shoe fitter by a nationally recognized board from the application of KRS Chapter 319B if that person is practicing his or her profession pursuant to his or her education and training and within that person's scope of practice as defined by the certifying board.
HCS - Retain original provisions except amend KRS 216B.020 to provide exemption from the certificate of need requirements for transfer of beds from an approved nursing facility with a bed inventory of at least 250 beds to a proposed facility within the same area development district.
HCA (1/Title, D. Keene) - Make title amendment.
HFA (1, B. Farmer) - Retain original provisions, but exempt individuals holding national certification from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation International from the provisions of the Act.
HFA (2, B. Montell) - Retain original provisions; create a new section of KRS Chapter 319B to exempt the scope of practice of any existing licensure from the provisions of the Act.
HFA (3, B. Montell) - Create a new section of KRS Chapter 319B to exempt the scope of practice of any existing certification from the provisions of the Act.
HFA (4, B. Farmer) - Prohibit a person who is currently serving as an officer or board member of the Kentucky Orthotic and Prosthetic Association, or its successor organization, from also serving as a member of the Kentucky Board of Prosthetics, Orthotics, and Pedorthics.
HFA (5, B. Farmer) - Limit any fee charged by the Kentucky Board of Prosthetics, Orthotics, and Pedorthics to a maximum of $25.
HFA (6, B. Farmer) - Limit any fee charged by the Kentucky Board of Prosthetics, Orthotics, and Pedorthics to a maximum of $25.
HFA (7, B. Farmer) - Prohibit a person who is currently serving as an officer or board member of the Kentucky Orthotic and Prosthetic Association, or its successor organization, from also serving as a member of the Kentucky Board of Prosthetics, Orthotics, and Pedorthics.
Jan 5-introduced in Senate
Jan 6-to Licensing, Occupations & Administrative Regulations (S)
Jan 19-reported favorably, 1st reading, to Calendar
Jan 20-2nd reading, to Rules
Jan 21-floor amendment (1) filed
Jan 26-floor amendment (2) filed
Jan 27-posted for passage in the Regular Orders of the Day for Thursday, January 28, 2010
Jan 28-passed over and retained in the Orders of the Day; floor amendment (3) filed
Feb 1-passed over and retained in the Orders of the Day
Feb 2-3rd reading; floor amendment (2) defeated ; passed 36-1 with floor amendments (1) and (3)
Feb 3-received in House
Feb 8-to Licensing & Occupations (H)
Mar 8-posting waived
Mar 12-reported favorably, 1st reading, to Calendar
Mar 15-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2010
Mar 16-floor amendment (1) filed
Mar 19-floor amendment (2) filed
Mar 22-floor amendment (3) filed
Mar 24-taken from the Regular Orders of the Day; recommitted to Licensing & Occupations (H); reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
Mar 25-posted for passage in the Regular Orders of the Day for Friday, March 26, 2010; floor amendments (4) and (5) filed to Committee Substitute, floor amendments (6) and (7) filed
Mar 26-3rd reading; floor amendment (5) defeated ; passed 65-26 with Committee Substitute, committee amendment (1-title), floor amendment (4) ; received in Senate