As used in this part:

1. (1) “Act” means the Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007, as may be amended, and codified at Arkansas Code § 17-107-101 et seq.;
2. (2) “Advisory board” or “board” means the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

3. (3)

   1. (A) “Automatic licensure” means granting the occupational licensure without an individual having met occupational licensure requirements provided:

      1. (i) Under the Arkansas Code; or
      2. (ii) By other provisions in this part.
   2. (B) “Automatic licensure” means granting the occupational licensure without an individual having met occupational licensure requirements provided by the rules of the occupational licensing entity.
4. (4) “Board for Certification in Pedorthics” has merged and means the American Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.;
5. (5) “Board of Health” means the State Board of Health;

6. (6)

   1. (A) “Custom fabricated” and “fitted device” means an orthosis, prosthesis, or pedorthic device which:

      1. (i) Is fabricated to original measurements or a mold for use by a patient in accordance with a prescription from a healthcare practitioner authorized by law to write such prescriptions; and
      2. (ii) Requires substantial clinical and technical judgment in its design and fitting.

   2. (B) “Custom fitted device” means a prefabricated orthosis, prosthesis, or pedorthic device:

      1. (i) Sized or modified for use by the patient in accordance with a prescription from a healthcare practitioner authorized by law to write such prescriptions; and
      2. (ii) Which requires substantial clinical judgment and substantive alteration for appropriate use.
   3. (C) “Custom fabricated devices” and “custom fabricated and fitted devices” must be dispensed by a licensed healthcare practitioner or by a person licensed under this part in accordance with a prescription from a licensed healthcare practitioner;
7. (7) “Department” means the Department of Health;

8. (8)

   1. (A) “Off-the-shelf device” means a prefabricated prosthesis or orthosis sized or modified for use by the patient:

      1. (i) In accordance with a prescription from a healthcare practitioner authorized by law to write such prescriptions; and
      2. (ii) Which does not require substantial clinical judgment and substantive alteration for appropriate use.
   2. (B) The sale of over-the-counter and off-the-shelf devices by nonlicensed persons is not prohibited by this part;

9. (9)

   1. (A) “Orthosis” means an external device that is:

      1. (i) Intended to restore physiological function or cosmesis to a patient; and
      2. (ii) Custom-designed, fabricated, assembled, fitted, or adjusted for the patient using the device prior to or concurrent with the delivery of the device to the patient.

   2. (B) “Orthosis” does not include a cane, crutch, corset, dental appliance, elastic hose, elastic support, fabric support, generic arch support, low temperature plastic splint, soft cervical collar, truss, or other similar device that:

      1. (i) Is carried in stock and sold without therapeutic modification by a:

         1. (a) (a) Corset shop;
         2. (b) (b) Department store;
      2. (c) (c) Drug store;

      3. (d) (d) Surgical supply facility; or

         1. (e) (e) Similar retail entity; and
      4. (ii) Has no significant impact on the neuromuscular, musculoskeletal, or neuromusculoskeletal functions of the body;
10. (10) “Orthotic assistant” means an individual who is licensed under this part to assist an orthotist or an orthotist/prosthetist with patient care services and fabrication of orthoses or pedorthic devices under the supervision of an orthotist or an orthotist/prosthetist;

11. (11) “Orthotic education program” means a course of instruction in orthotics:

    1. (A) Accredited by the Commission on Accreditation of Allied Health Education Programs; and
    2. (B) Approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

12. (12) “Orthotic resident” means an individual who:

    1. (A) Has completed an orthotic education program; and

    2. (B) Is continuing his or her clinical education in an orthotic residency program:

       1. (i) Accredited by the National Commission on Orthotic and Prosthetic Education; and
       2. (ii) Approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;
13. (13) “Orthotic/prosthetic assistant” means an individual who is licensed under the Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007, Arkansas Code § 17-107-101 et seq., to assist both an orthotist and a prosthetist with patient care services and fabrication of prostheses, orthoses, or pedorthic devices under the supervision of an orthotist, an orthotist/prosthetist, or a prosthetist as appropriate;

14. (14) “Orthotics” means the science and practice of providing or managing the provision of an orthosis based on:

    1. (A) Clinical assessment;
    2. (B) Technical judgment; and
    3. (C) An order from a healthcare practitioner authorized by law to write an order for an orthosis;
15. (15) “Orthotist” means an individual who is licensed under the Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007, Arkansas Code § 17-107-101 et seq., to practice orthotics and pedorthics;

16. (16) “Orthotist/prosthetist” means an individual who is licensed to practice:

    1. (A) Orthotics;
    2. (B) Pedorthics; and
    3. (C) Prosthetics;

17. (17) “Over the counter” means a prefabricated, mass-produced device that is prepackaged and requires no professional advice or judgment in either size, selection, or use, including:

    1. (A) Fabric or elastic supports;
    2. (B) Corsets;
    3. (C) Generic arch supports; and
    4. (D) Elastic hoses;

18. (18)

    1. (A) “Pedorthic device” means therapeutic footwear, foot orthoses for use at the ankle or below, or footwear modified for therapeutic purposes as ordered by a licensed healthcare practitioner authorized by law to write an order for a pedorthic device.

    2. (B) “Pedorthic device” does not include:

       1. (i) Nontherapeutic accommodative inlays or nontherapeutic accommodative footwear regardless of method of manufacture;
       2. (ii) Shoes modified or made for nontherapeutic purposes;
       3. (iii) Unmodified shoes; or
       4. (iv) Prefabricated foot care products;

19. (19) “Pedorthic education program” means a course of instruction in pedorthics:

    1. (A) Accredited by the American Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc.; and
    2. (B) Approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

20. (20) “Pedorthics” means the science and practice of providing or managing the provision of a pedorthic device based on:

    1. (A) Clinical assessment;
    2. (B) Technical judgment; and
    3. (C) An order from a healthcare practitioner authorized by law to write an order for a pedorthic device;
21. (21) “Pedorthist” means an individual who is licensed under the Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007, Arkansas Code § 17-107-101 et seq., to practice pedorthics;

22. (22)

    1. (A) “Prefabricated device” means a mass-produced device that:

       1. (i) Is prepackaged, carried in stock, and sold off the shelf or over the counter by a:

          1. (a) (a) Corset shop;
          2. (b) (b) Department store;
       2. (c) (c) Drug store;

       3. (d) (d) Surgical supply facility; or

          1. (e) (e) Similar retail entity; and
       4. (ii) Does not require clinical assessment, technical judgment, or therapeutic modification for appropriate use by the customer.

    2. (B) “Prefabricated device” may include:

       1. (i) A cane;
       2. (ii) A crutch;
       3. (iii) A corset;
       4. (iv) An elastic hose;
       5. (v) An elastic support;
       6. (vi) A fabric support;
       7. (vii) A generic arch support;
       8. (viii) A low-temperature plastic splint;
       9. (ix) A soft cervical collar;
       10. (x) A truss; or
       11. (xi) Other similar device;

23. (23)

    1. (A) “Prosthesis” means an external device that is:

       1. (i) Intended to replace an absent external body part for the purpose of restoring physiological function or cosmesis to a patient; and
       2. (ii) Custom-designed, fabricated, assembled, fitted, or adjusted for the patient using the device prior to or concurrent with being delivered to the patient.
    2. (B) “Prosthesis” does not include an artificial eye, an artificial ear, a dental appliance, a cosmetic device, such as artificial eyelashes or wigs, an artificial facial device, or other device that does not have a significant impact on the neuromuscular, musculoskeletal, or neuromusculoskeletal functions of the body;

24. (24) “Prosthetic assistant” means an individual who is licensed under the Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007, Arkansas Code § 17-107-101 et seq., to assist a prosthetist or orthotist/prosthetist with patient care services and fabrication of prostheses under the supervision of:

    1. (A) A prosthetist; or
    2. (B) An orthotist/prosthetist;

25. (25) “Prosthetic education program” means a course of instruction in prosthetics:

    1. (A) Accredited by the Commission on Accreditation of Allied Health Education Programs; and
    2. (B) Approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

26. (26) “Prosthetic resident” means an individual who:

    1. (A) Has completed a prosthetic education program; and

    2. (B) Is continuing his or her clinical education in a prosthetic residency program:

       1. (i) Accredited by the National Commission on Orthotic and Prosthetic Education; and
       2. (ii) Approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

27. (27) “Prosthetics” means the science and practice of providing or managing the provision of a prosthesis based on:

    1. (A) Clinical assessment;
    2. (B) Technical judgment; and
    3. (C) An order from a healthcare practitioner authorized to write an order for a prosthesis;
28. (28) “Prosthetist” means an individual who is licensed under this the Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007, Arkansas Code § 17-107-101 et seq., to practice prosthetics;
29. (29) “Returning military veteran” means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable;

30. (30) Therapeutic footwear. The following actions with respect to therapeutic footwear and medical devices for the foot and ankle must be performed by a licensed healthcare practitioner who is acting within his or her lawful scope of practice:

    1. (A) Modifications or additions to the interior or exterior of footwear for therapeutic purposes, including but not limited to:

       1. (i) Heel lifts;
       2. (ii) Outflare heels;
       3. (iii) Thomas heels;
       4. (iv) Full sole lifts;
       5. (v) Wedged soles;
       6. (vi) Rocker bottom soles;
       7. (vii) Metatarsal bars;
       8. (viii) Metatarsal raises or inserts that have fillers as part of their construction;
       9. (ix) Toe fillers; and
       10. (x) Partial foot fillers;
    2. (B) Permanent or temporary attachment of an orthosis to the footwear;

    3. (C) Addition or modification of a removable or attached therapeutic foot device inside the shoe which was fabricated based on a:

       1. (i) Cast;
       2. (ii) Impression;
       3. (iii) Mold;
       4. (iv) Scan;
       5. (v) Imprint; or
       6. (vi) Tracing;

    4. (D) Creation of an image of a person’s foot or ankle through the use of:

       1. (i) A mold;
       2. (ii) A cast;
       3. (iii) A scanning device;
       4. (iv) A digital appliance;
       5. (v) A tracing;
       6. (vi) A pressure sensitive device; or
       7. (vii) Another similar device; and
    5. (E) Analysis, evaluation, measurement, assessment, or screening of a foot for the purpose of making a therapeutic recommendation;

31. (31) “Uniformed service member” means an:

    1. (A) Active or reserve component member of the:

       1. (i) United States Air Force;
       2. (ii) United States Army;
       3. (iii) United States Coast Guard;
       4. (iv) United States Marine Corps;
       5. (v) United States Navy;
       6. (vi) United States Space Force; or
       7. (vii) National Guard;
    2. (B) Active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
    3. (C) Active or reserve component member of the United States Commissioned Corps of the Public Health Service; and
32. (32) “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable.