A BILL TO BE ENTITLED
AN ACT to establish the north carolina prosthetists, orthotists, and pedorthist licensure act.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 90 of the General Statutes is amended by adding a new Article to read:
"Article 12B.
"Prosthetist, Orthotist, and Pedorthist Licensure Act.
"§ 90‑202.20.  Short title.
This Article may be cited as the 'Prosthetist, Orthotist, and Pedorthist Licensure Act'.
"§ 90‑202.21.  Legislative findings.
The General Assembly finds the practice of orthotics, prosthetics, and pedorthics is an area of health care that is continually evolving to include more sophisticated and demanding patient care activities. The increasing population of elderly and physically challenged individuals in North Carolina who need orthotic, prosthetic, and pedorthic services requires that the orthotic, prosthetic, and pedorthic professions be regulated to ensure the provision of high‑quality services and devices. The General Assembly further finds the practice of orthotics, prosthetics, and pedorthics by unqualified persons is a threat to public health, safety, and welfare, and therefore it is necessary to establish minimum standards of education, training, and competency for persons engaged in the practice of orthotics, prosthetics, and pedorthics.
"§ 90‑202.22.  Definitions.
The following definitions apply in this act:
(1)	Board. – The North Carolina Prosthetist, Orthotist, and Pedorthist Licensure Board.
(2)	Custom fabricated device. – An orthosis, prothesis, or pedorthic device that is fabricated to original measurements or a mold for use by a patient in accordance with a prescription.
(3) 	Custom fitted device. – A prefabricated orthosis, prothesis, or pedorthic device that is sized or modified for use by a patient in accordance with a prescription.
(4)	Over‑the‑counter. – Prefabricated, mass‑produced item 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 hose.
(5)	Orthotist. – An allied health professional who is specifically trained and educated via a course of instruction accredited by the Commission on Accreditation of Allied Health Education Programs in this discipline to provide or manage the provision of a custom designed, fabricated, or modified and fitted external orthosis to an orthotic patient based on a clinical assessment and a physician's, physician's assistant, or nurse practitioner's or podiatrist's prescription, to restore physiological function or cosmesis and represents himself or herself to the public by such title as providing orthotic services.
(6)	Orthosis. – A custom designed, fabricated, fitted, modified, or fitted and modified device to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition. Orthosis does not include fabric or elastic supports, corsets, arch supports, low temperature plastic splints, trusses, elastic hose, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over‑the‑counter items by a drugstore or department store, corset shop, or surgical supply facility.
(7)	Orthotics. – Evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity, as provided in this act.
(8)	Pedorthic device. – Therapeutic footwear, foot orthoses for use at the ankle or below, and modified footwear made for therapeutic purposes. The term does not include nontherapeutic accommodative inlays or nontherapeutic accommodative footwear, regardless of method of manufacture, shoe modifications made for nontherapeutic purposes, unmodified, over‑the‑counter shoes, or prefabricated foot care products.
(9)	Pedorthics. – Evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic devise for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity, as provided in this act.
(10)	Pedorthist. – An individual licensed under this act to practice pedorthics.
(11)	Prefabricated orthosis. – A brace or support designed to provide for alignment, correction, or prevention of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The term does not include fabric or elastic support, corsets, arch supports, low‑temperature plastic splints, trusses, elastic hose, canes, crutches, soft cervical collars, dental appliances, or other similar devices carried in stock and sold as over‑the‑counter items by a drugstore, department store, corset shop, or surgical supply facility.
(12)	Prosthesis. – A custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external limb for purposes of restoring physiological function or cosmesis. Prosthesis does not include artificial eyes, ears, dental appliances, cosmetic devices such as artificial breasts, eyelashes, or wigs, or other devices that do not have a significant impact on the musculoskeletal functions of the body.
(13)	Prosthetics. – The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician or podiatrist.
(14)	Prosthetist. – An individual licensed under this act to practice prosthetics.
"§ 90‑202.23.  License required; exemptions.
(a)	On or after January 1, 2009, no person shall practice or offer to practice prosthetics, orthotics, or pedorthics as defined in this Article, use the title 'Licensed Prosthetist, Licensed Orthotist, or Licensed Pedorthist, use the letters 'LP', 'LO', or otherwise indicate or imply that the person is a licensed prosthetist, licensed orthotist, or licensed pedorthist, unless that person is currently licensed as provided in this Article.
(b)	The provisions of this Article shall not apply to:
(1)	Any person licensed to engage in another profession or occupation or any person working under the supervision of a person licensed to engage in another profession or occupation in this State if the person is performing work incidental to or within the practice of that profession and the person does not represent himself or herself as a licensed prosthetist, licensed orthotist, or licensed pedorthist.
(2)	A student enrolled in a prosthetics, orthotics, or pedorthics educational program if services performed by the student are an integral part of the student's course of study and are performed under the direct supervision of a licensed prosthetist, licensed orthotist, or licensed pedorthist.
(3)	A prosthetist, orthotist, or pedorthist employed by the United States government when performing duties associated with employment.
(c)	Unlawful Act. – A person who violates this section is guilty of a Class 1 misdemeanor and may be subject to a civil penalty of not more than one thousand dollars ($1,000) for each violation. The Board may make application to superior court for an order enjoining a violation of this section. Upon a showing by the Board that a person has violated or is about to violate this section, the court may grant an injunction, restraining order, or take other appropriate action.
"§ 90‑202.24.  The North Carolina Prosthetist, Orthotist, and Pedorthist Licensure Board.
(a)	Board. – The North Carolina Prosthetist, Orthotist, and Pedorthist Licensure Board is created. The Board consists of nine members serving for staggered terms. Upon expiration of the terms of the initial Board members, each member is appointed for a term of three years, beginning on January 1 of each year. A member serves until the member's successor is appointed. No member may serve more than two consecutive full terms.
The initial board members shall be appointed on or before October 1, 2009, as follows:
(1)	The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint one licensed prosthetist, one licensed orthotist, and one licensed pedorthist, each of whom shall serve a term of three years.
(2)	The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint one licensed prosthetist, one licensed orthotist, and one licensed pedorthist, each of whom shall serve a term of two years.
(3)	The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint one podiatrist who is licensed under Article 12A of Chapter 90 of the General Statutes, who shall serve a one‑year term.
(4)	The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint one podiatrist who is licensed under Article 12A of Chapter 90 of the General Statutes, who shall serve a two‑year term.
(5)	The Governor shall appoint one public member who shall serve a three‑year term.
(b)	Qualifications. – Members of the Board shall be citizens of the United States and residents of this State. The prosthetist, orthotist, and pedorthist members shall hold current licenses from the Board and shall remain in good standing with the Board during their terms. Public members of the Board shall not be: (i) trained or experienced in the practice of prosthesis, orthotics, or pedorthics, (ii) an agent or employee of a person engaged in the practice of prosthetics, orthotics, or pedorthics, (iii) a health care professional licensed under Chapter 90 or a person enrolled in a program to become a licensed health care professional, (iv) an agent or employee of a health care institution, a health care insurer, or a health care professional school, (v) a member of an allied health profession or a person enrolled in a program to become a member of an allied health profession, or (vi) a spouse of an individual who may not serve as a public member of the Board.
(c)	Vacancies. – A member of the Board serves at the pleasure of the authority that appointed it. A vacancy must be filled in the same manner as the original appointment. An appointee to fill a vacancy shall serve the remainder of the unexpired term and until the appointee's successor has been duly appointed.
(d)	Removal. – The Board may remove any of its members for neglect of duty, incompetence, or unprofessional conduct. A member subject to disciplinary proceedings in his or her capacity as a licensed prosthetist, licensed orthotist, or licensed pedorthist shall be disqualified from participating in the official business of the Board until the charges have been resolved.
(e)	Compensation. – Each member of the Board shall receive per diem and reimbursement for travel and subsistence as provided in G.S. 93B‑5.
(f)	Officers. – The officers of the Board shall be a chair, a vice‑chair, and other officers deemed necessary by the Board to carry out the purposes of this Article. All officers shall be elected annually by the Board for one‑year terms and shall serve until their successors are elected and qualified.
(g)	Meeting. – The Board shall hold its first meeting within 30 days after the appointment of its members and shall hold at least two meetings each year to conduct business and to review the standards and rules previously adopted by the Board. The Board shall establish the procedures for calling, holding, and conducting regular and special meetings. A majority of Board members constitutes a quorum.
"§ 90‑202.25.  Powers and duties of the Board.
The Board shall have the power and duty to:
(1)	Administer and enforce the provisions of this act.
(2)	Issue interpretations of this Article.
(3)	Adopt, amend, or repeal rules as may be necessary to carry out the provisions of this Article.
(4)	Employ and fix the compensation of personnel that the Board determines is necessary to carry into effect the provisions of this Article and incur other expenses necessary to effectuate this Article.
(5)	Determine the qualifications and fitness for applicants for licensure, licensure renewal, and reciprocal licensure.
(6)	Issue, renew, deny, suspend, or revoke licenses, order probation, issue reprimands, and carry out any other disciplinary actions authorized by this Article.
(7)	Set fees for licensure, reciprocal licensure, licensure renewal, and other services deemed necessary to carry out the purposes of this Article.
(8)	Establish continuing education requirements for licensees.
(9)	Establish a code of ethics for licensees.
(10)	Maintain a current list of all persons who have been licensed under this Article.
(11)	Conduct investigations for the purposes of determining whether violations of this Article are grounds for disciplining licensees.
(12)	Maintain a record of all proceedings and make available to all licensees and other concerned parties an annual report of all Board action.
(13)	Adopt a seal containing the name of the Board for use on all official documents and reports issued by the Board.
"§ 90‑202.26.  Qualifications for licensure; renewal.
(a)	Licensure. – Upon application to the Board and payment of the required fees, an applicant may be licensed under this act as a prosthetist, orthotist, or pedorthist if the applicant meets all of the following qualifications and conditions:
(1)	Possesses a high school diploma or its equivalent.
(2)	Completes the amount of formal training, including, but not limited to, any hours of classroom education and clinical practice established and approved by a prosthetic, orthotic, and pedorthic credentialing organization recognized by the National Organization for Competency Assurance (NOCA) and accredited by the National Commission for Certifying Agencies (NCCA).
(3)	Completes a qualified work experience program or internship in prosthetics, orthotics, or pedorthics in accordance with standards, guidelines, or procedures established and approved by the Board.
(4)	Passes all examinations that are required for certification by a prosthetic, orthotic, or pedorthic credentialing organization recognized by the National Organization for Competency Assurance (NOCA) and accredited by the National Commission for Certifying Agencies (NCCA).
(5)	Fulfills all educational and training requirements consistent with those required for certification by a prosthetic, orthotic, and pedorthic credentialing organization recognized by the National Organization for Competency Assurance (NOCA) and accredited by the National Commission for Certifying Agencies (NCCA).
(b)	Renewal. – A license expires two years after the date it is issued unless it is renewed. Failure to renew a license within six months of the date the license expires shall result in automatic forfeiture of the right to practice prosthetics, orthotics, or pedorthics in this State until such time that the license has been reinstated. To renew a license, a licensee must meet all of the following conditions:
(1)	Submit an application for license renewal.
(2)	Pay the required fees.
(3)	Complete continuing education requirements approved by the Board.
An application for renewal of a license that has been expired for less than three years shall be accompanied by proof satisfactory to the Board that the applicant has satisfied the continuing education requirements established by the Board and the renewal and late fees required by G.S. 90‑202.28. A license that has been expired for more than three years shall not be renewed, but the applicant may reapply for licensure by complying with the current requirements for licensure under this Article.
"§ 90‑202.27.  Reciprocity.
The Board may grant, upon application and the payment of proper fees, a license to a person who, at the time of application, holds a valid license, certificate, or registration as a prosthetist, orthotist, or pedorthist, issued by another state if both of the following conditions are met:
(1)	The standards for licensure, certification, or registration in the state in which the applicant is licensed, certified, or registered are substantially equivalent to those provided in this act.
(2)	The applicant provides proof of licensure, certification, or registration in good standing in all states in which the applicant has been licensed, certified, or registered.
"§ 90‑202.28.  Expenses; fees.
(a)	All fees shall be payable to the Board and deposited in the name of the Board in financial institutions designated by the Board as official depositories. These fees shall be used to carry out the purposes of this Article.
(b)	All salaries, compensation, and expenses incurred or allowed to carry out the purposes of this Article shall be paid by the Board exclusively out of the fees received by the Board as authorized by this Article or funds received from other sources. In no case shall any salary, expense, or other obligation authorized by this Article be charged against the Department of State Treasurer.
(c)	The Board shall establish fees not exceeding the following amounts:
(1)	For issuance of any license, a fee not to exceed three hundred fifty dollars ($350.00).
(2)	For the late renewal of any license, an additional late fee not to exceed one hundred dollars ($100.00).
(3)	For the reinstatement of any license, an additional fee not to exceed one hundred dollars ($100.00).
(4)	For copies of rules adopted pursuant to this Article and licensure standards, charges not exceeding the actual cost of printing and mailing.
"§ 90‑202.29.  Disciplinary authority.
(a)	Authority. – The Board may deny, suspend, revoke, or refuse to issue or renew a license if the licensee or applicant:
(1)	Engages in any act or practice in violation of any of the provisions of this act or of any of the rules adopted by the Board, or aids, abets, or assists any other person in the violation of these provisions or rules.
(2)	Gives false information to or withholds information from the Board in procuring or attempting to procure a license.
(3)	Has been convicted of or pled guilty or no contest to a crime that indicates that the person is unfit or incompetent to practice as a prosthetist, orthotist, or pedorthist or that indicates the person has deceived or defrauded the public. A felony conviction shall result in the automatic revocation of a license issued by the Board unless the Board determines otherwise pursuant to rules adopted by the Board.
(4)	Has been declared mentally incompetent by a court of competent jurisdiction.
(5)	Habitually uses or is addicted to drugs or intoxicating liquors to an extent that affects his or her professional competency. If a licensee violates this subdivision, the Board may require the licensee to undergo a mental or physical examination by physicians designated by the Board before or after the licensee has been charged. The results of the examination shall be admissible as evidence in a hearing before the Board.
(6)	Has demonstrated gross negligence, incompetence, or misconduct in the performance of prosthetics, orthotics, or pedorthics.
(7)	Has had a license, certification, or registration denied, restricted, revoked, or suspended by another state or jurisdiction.
(8)	Fails to respond, within a reasonable time, to inquiries from the Board concerning any matter affecting the individual's license to practice prosthetics, orthotics, or pedorthics.
(9)	Fails to complete continuing education requirements within the time prescribed.
(b)	Hearing. – Denial, refusal to renew, suspension, or revocation of a license, or imposition of probationary conditions upon a licensee may be ordered by the Board after a hearing held in accordance with Article 3A of Chapter 150B of the General Statues and rules adopted pursuant to this act. An application may be made to the Board for reinstatement of a revoked license."
SECTION 2.  A person who submits proof to the Board that the person has been actively engaged in business as a prosthetist, orthotist, or pedorthist in this State for at least three consecutive years before the effective date of this act and pays the required fee for the issuance of a license shall be licensed without having to satisfy the requirements of G.S. 90‑202.26 enacted by Section 1 of this act.  All persons who do not make application to the Board within one year of the effective date of this act shall be required to complete all requirements prescribed by the Board and otherwise to comply with the provisions of G.S. 90‑202.26.
SECTION 3.  Notwithstanding G.S. 90‑202.24(a)(1) and (2), as enacted by Section 1 of this act, the initial prosthetists, orthotists, and pedorthists appointed to the North Carolina Prosthetist, Orthotist, and Pedorthist Licensure Board do not have to meet the licensure qualifications established under G.S. 90‑202.26, as enacted by Section 1 of this act.  The appointees must be prosthetist, orthotist, and pedorthist certified by a credentialing organization recognized by the National Organization for Competency Assurance (NOCA) and accredited by the National Commission for Certifying Agencies (NCCA) and must apply for and obtain a license from the Board within 90 days after the Board begins issuing licenses.
SECTION 4.  This act is effective when it becomes law.