2019 Tennessee Code
Title 63 - Professions of the Healing Arts
Chapter 3 - Podiatrists
Part 2 - Tennessee Orthotics, Prosthetics, and Pedorthics Practice Act of 2005
§ 63-3-202. Rules and regulations -- Authority of the board.

(a) The board shall adopt rules and regulations, promulgated in compliance with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to:

• (1) Establish licensure categories and issue licenses for prosthetists, orthotists and pedorthists;

• (2) Establish the qualifications, educational courses, curriculum, hours and standards that are prerequisite to issuance of all levels and types of licensure established pursuant to subdivision (a)(1); provided, however, that such qualifications shall include the following:

  • (A) To qualify for a license to practice orthotics or prosthetics, a person shall:

    • (i) Possess a baccalaureate degree or semester hours equivalent to four (4) years of study at a four-year college or university;

    • (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board;

    • (iii) Complete a clinical residency in the professional area for which a license is sought, in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training shall be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person who has obtained certification from the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification;

    • (iv) Pass all written, practical and oral examinations that are required and approved by the board; and

    • (v) Be qualified to practice in accordance with commonly accepted standards of orthotic and prosthetic care acceptable to the board;

  • (B) To qualify for a license to practice pedorthics, a person shall:

    • (i) Possess a high school diploma or comparable credential approved by the board;

    • (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board;

    • (iii) Pass all examinations that are required and approved by the board;

    • (iv) Complete a qualified work experience program or internship in pedorthics, in accordance with standards and procedures established by the board; and

    • (v) Be qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and

  • (C) A person may be licensed in more than one (1) discipline;

• (3) Establish the circumstances or conditions, if any, under which persons shall be entitled to exemption from licensure during training, while waiting to take or receive the results of any required examination or upon meeting specified minimum educational and clinical qualifications;

• (4) Select the examination or examinations to be utilized as the board's licensure examination or examinations and the prerequisites, if any, for admission to the examination or examinations. The board is authorized to enter into a contract or agreement with the chosen examination service or services or select an intermediary between the board and the examination service or services to process applicants for the examination or examinations;

• (5) Establish any other criteria for issuance of licensure that are reasonably related to the safe and competent performance of prosthetics, orthotics and pedorthics;

• (6) Accredit continuing education courses;

• (7)

  • (A) Establish the fees to be paid for each of the following:

    • (i) Application for licensure;

    • (ii) Renewal or reinstatement of licensure;

    • (iii) Late renewal of licensure;

    • (iv) Application for continuing education course accreditation; and

    • (v) Duplicate or replacement license;

  • (B) The fees shall be set at a level that is adequate to pay all of the expenses of implementing and administering this part. All deposits and disbursements shall be handled in accordance with § 63-1-137;

• (8) Establish the continuing education requirements for license holders, which shall include the frequency of reporting, number of hours, types of courses, approval of courses, methods of proving compliance, penalties for violation and all fees necessary for implementation of the continuing education process;

• (9) Regulate the nature, manner, content and extent of advertising by persons licensed under this part;

• (10) Delineate the actions relative to therapeutic footwear and medical devices for the foot and ankle that must be performed by licensed health care practitioners; and

• (11) Establish a registration process for residents as prescribed in § 63-3-209(2)(B).

(b) The board shall have the authority to:

• (1) Conduct disciplinary hearings, in accordance with the Uniform Administrative Procedures Act; and

• (2) Issue advisory private letter rulings to any affected person licensed under this part who makes such a request regarding any matters within the board's primary jurisdiction. Such private letter ruling shall affect only the person making such inquiry and shall have no precedential value for any other inquiry or future contested case that might come before the board. Any dispute regarding a private letter ruling may, if the board chooses to do so, be resolved pursuant to the declaratory order provisions of § 4-5-223.