Mr. Veder, thank you for your letter, and I will of course share it verbatim with the Board. I would invite your telephone call to discuss directly the processes and initiatives that are within the Board's scope of authority and responsibility. However, in order to assure we are looking at the same issues from the same basis -- or at least with an understanding of the different domains we may be addressing -- please allow me to offer some points for your consideration.
1. The Board has not recently "suggested changes to the language of the OPP Licensure Bill." The Board has suggested revisions to the administrative code rules which are developed to more effectively implement the provisions of the OPP Practice Act. This is an important distinction, because the Board has no authority to alter the language of the statute, i.e., the Practice Act -- Chapter 4779 of the Ohio Revised Code. The Board's legal responsibility is to administer, seek compliance with and, if necessary, enforce the statutory provisions. The Board does have the authority and responsibility to promulgate, amend, and/or rescind rules in the administrative code series, but those rules must be in "agreement" with and cannot exceed the scope of the statutory language.
2. The letter the Board issued to ABC for their consideration as they address the "inherited" BCP Pedorthist Scope of Practice document and the appropriate educational initiatives and protocols to guide the certification of pedorthists post-BCP sought to bring focus to the language of the Ohio statute. As you may be aware, we have also faced the challenge of articulating and seeking compliance with statutory language that imposes supervision standards that are more restrictive and exacting than is common in unlicensed jurisdictions (i.e., no provisions for licensing or independent practice of fitters). I think you will find upon a review of the code of ethics of ABC, BOC, or PFA, that there is an acknowledgement and understanding that, where there is any conflict between practice standards and state law, practitioners must conform their professional activities to the legal requirements in their respective jurisdictions.
3. The Board has, as a separate but clearly related action, suggested an addition to the Definitions section of the Administrative Code rule series, seeking to more clearly articulate the Board's understanding of the requirements of Ohio Revised Code Section 4779.01 (G):
(G) “Pedorthics device” means a custom fabricated or fitted therapeutic shoe, shoe modification for therapeutic purposes, prosthetic filler of the forefoot, or foot orthosis for use from the apex of the medial malleolus and below.
There is a very long series of Ohio court decisions that instruct state agencies to apply the plain meaning of plain language within the revised code whenever that language is apparently capable of "reasonable person" understanding. Proceeding from that principle, the Board has proposed the following language to be added to the Definitions section of the rules:
The phrase "for use from the apex of the medial malleolus and below" means that the pedorthic device does not physically extend proximal to the apex of the medial malleolus, meaning not extending higher than the middle of the ankle bone.
4. It is helpful to have an understanding as to where the profession may be headed in terms of educational scope and initiatives, and I appreciate the information you are able to provide in this regard.
5. A new "Medical Board Member" has just been appointed to serve on the Board, and the Board looks forward to her constructive input on professional practice issues such as this.
6. The rules promulgation process is detailed in the document linked here: http://opp.ohio.gov/pdf/OPPrulemaking.pdf
Having said all that ... again, thanks for taking the time to express your concerns. Feel free to follow-up this email with further thoughts, or give me a call to discuss as well.
Mark B. Levy
Board Director
State Board of Orthotics Prosthetics and Pedorthics
77 S. High St., #`1854
Columbus, OH 43215-6108
tel: 614-466-1157
fax: 614-387-7347
http://opp.ohio.gov/
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