GENERAL GOVERNMENT CABINET

Kentucky Board of Prosthetics, Orthotics, and Pedorthics

(Amendment)

 

      201 KAR 44:090. Requirements for licensure as an orthotist, prosthetist, orthotist-prosthetist, pedorthist, or orthotic fitter [on or after January 1, 2013].

 

      RELATES TO: KRS 319B.010, 319B.030, 319B.110

      STATUTORY AUTHORITY: KRS 319B.030(1), (2), 319B.110

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 319B.030(1) requires the board to establish licensure categories and issue licenses for persons who wish to practice in this state as a licensed orthotist, licensed prosthetist, licensed orthotist-prosthetist, licensed pedorthist, or licensed orthotic fitter. This administrative regulation establishes the procedure by which those applicants shall apply for a license pursuant to KRS 319B.030.

 

      Section 1. Licensure of an Orthotist, Prosthetist or Orthotist-Prosthetist. An applicant for licensure as an orthotist, prosthetist, or orthotist-prosthetist shall submit:

      (1) A completed ["]Application for Licensure[], Form BPOP1;

      (2) A certified copy of the applicant’s transcript from an accredited college or university showing a minimum of a baccalaureate degree awarded to the applicant;

      (3) A certified copy of the applicant’s education program in orthotics, prosthetics, or both from an educational program accredited by the Commission on Accreditation of Allied Health Education Program;

      (4) Proof of completion of a residency meeting the standards established in KRS 319B.010(26) for the discipline for which the applicant has applied;

      (5) Proof of the applicant’s having obtained a passing score on the American Board of Certification (ABC) or Board of Certification/Accreditation (BOC) examinations[examination];

      (6) The appropriate fee for licensure as required by 201 KAR 44:010; and

      (7) Detailed work history, including scope of practice, covering the four (4) year period immediately prior to the date of application.

 

      Section 2. Licensure of a Pedorthist. An applicant for licensure as a pedorthist shall submit:

      (1) A completed ["]Application for Licensure[], Form BPOP1;

      (2) A certified copy of high school diploma or comparable credential;

      (3) Proof of completion of an NCOPE- approved pedorthic education program;

      (4) Proof of passing the American Board of Certification (ABC) or Board of Certification/Accreditation examinations[exam];

      (5) Proof of a minimum of 1,000 hours of pedorthic patient care, 500 hours shall be completed after the NCOPE- approved education program;

      (6) The appropriate fee for licensure as required by 201 KAR 44:010; and

      (7) A detailed work history, including scope of practice, covering the four (4) year period prior to the date of application.

 

      Section 3. Licensure of an Orthotic Fitter. An applicant for licensure as an orthotic fitter shall submit:

      (1) A completed ["]Application for Licensure[], Form BPOP1;

      (2) A certified copy of high school diploma or comparable credential;

      (3) Proof of completion of an NCOPE- approved orthotic fitter education program;

      (4) Proof of passing the American Board of Certification (ABC) or Board of Certification/Accreditation (BOC) examinations[exam];

      (5) Proof of a minimum of 1,000 hours of orthotic fitter patient care, 500 hours shall be completed after the NCOPE approved education program;

      (6) The appropriate fee for licensure as required by 201 KAR 44:010; and

      (7) A detailed work history, including scope of practice, covering the four (4) year period prior to the date of application.

 

      Section 4.  Incorporation by Reference. (1) “Application for Licensure”, BPOP1, 07/2014[07/2012], is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Prosthetics, Orthotics, and Pedorthics, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 5:00 p.m.

 

SIENNA NEWMAN, Chairperson

      APPROVED BY AGENCY: June 20, 2014

      FILED WITH LRC: July 11, 2014 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2014 at 1:00 PM, local time, at the Kentucky Board of Licensure for Orthotists, Prosthetists, Orthotists/Prosthetists, Pedorthists, or Orthotic Fitters, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the close of business on September 2, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Angela Evans, Office of the Attorney General, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601, phone (502) 696-5300, fax (502) 564-6801.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Angela Evans

      (1) Provide a brief summary of: Establishes the requirements to obtain a license as an Orthotist, Prosthetist, Orthotist/Prosthetist, Pedorthist, or Orthotic Fitter.

      (a) What this administrative regulation does: This administrative regulation establishes the procedures for the licensure of persons who wish to practice in the state as a Licensed Orthotist, Licensed Prosthetist, Licensed Orthotist/Prosthetist, Licensed Pedorthist, or Licensed Orthotic Fitter.

      (b) The necessity of this administrative regulation: This administrative is necessary to set the process for licensure.

      (c) How does this administrative regulation conform to the content of the authorizing statutes? KRS Chapter 319B requires the board to establish a procedure for the licensure of persons who wish to practice in the state as a Licensed Orthotist, Licensed Prosthetist, Licensed Orthotist/Prosthetist, Licensed Pedorthist, or Licensed Orthotic Fitter. This administrative regulation establishes the requirements for applicants for licensure

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation informs the applicants of the requirements for the process involved in obtaining licensure from the board.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment will allow individuals opting to take the Board of Certification/Accreditation International (BOC) examination the opportunity to apply for licensure.

      (b) The necessity of the amendment to this administrative regulation: This is a new administrative regulation.

      (c) How the amendment conforms to the content of the authorizing statutes: This is a new administrative regulation.

      (d) How the amendment will assist in the effective administration of the statutes: This is a new administrative regulation.

 

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: An estimated 150 persons will seek licensure within the next fiscal year. This regulation will also continue as new license new applicants who seek licensure from the board.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This administrative regulation requires applicants to file the completed application setting forth how the individual meets the qualifications for licensure.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The fee for applying will be established in a separate regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Applicants for licensure will have their applications reviewed by the board.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: The budget for the Board is $9000 per year.

      (b) On a continuing basis: The budget for the Board is estimated to continue to have a budget of $9,000 per year.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operation is funded by fees paid by the licensees and applicants.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This administrative regulation is the initial fee regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation did not establish the fees only the procedure for obtaining a license but there will be a fee to apply that is set in a separate regulation.

      (9) Tiering: Is tiering applied? Yes. The regulation requires the same documentation to be provided with each type of license application but the licensure fee does vary between the types of license due to the experience required for each license.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Kentucky Board of Prosthetics, Orthotics and Pedorthics Licensing Board.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 319B.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The revenue generated will depend on the number of applicants for the year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The revenue will depend on the number of applicants for the subsequent years.

      (c) How much will it cost to administer this program for the first year? None

      (d) How much will it cost to administer this program for subsequent years? None

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): N/A

      Expenditures (+/-): N/A

      Other Explanation: N/A