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ABC State Licensure Handbook

January 2015

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Know and Deal with the Potential Opposition

  • Your State Medical Society will be concerned with the impact on their members who dispense over-the-counter devices. Work with them early in the process. Some definition compromises may be necessary and may require explicit exemption.
  • Pharmacists and other DME suppliers who provide off-the-shelf and prefabricated orthoses may oppose your bill. You should not exempt these groups altogether or you will be creating a loophole that renders your license meaningless. In the case of pharmacists, you should review your state’s pharmacist practice act to determine if provision of any specific devices is explicitly described.
  • Occupational and physical therapists who provide orthoses may demand exclusion/inclusion. Again, try to build consensus and understanding and be prepared to compromise.
  • The ABC Model O&P Licensure Act has language that includes pedorthists and fitters. Work with the pedorthists and fitters in your state to either include them in the legislation or exempt them from the regulations.
  • The ABC Model O&P Licensure Act does not contain language to include individuals with other O&P credentials. Instead, it describes the education, clinical training and examinations required for obtaining licensure. These standards are consistent with ABC’s certification eligibility requirements. Typically licensure laws include some form of grandfathering provision. If a person has been practicing for an established period of time in the state they will be able to become licensed. Regardless of what certification someone possesses, getting a license is based on their meeting the new qualifications.