1. (a) Orthotist. To qualify for a license to practice orthotics, a person shall:

   1. (1) Complete an orthotics education program which is accredited by the Commission on Accreditation of Allied Health Education Programs or its successor organization;
   2. (2) Possess a baccalaureate degree or have successfully completed the number of semester hours equivalent to four (4) years of study at a four-year college or university;
   3. (3) Successfully complete a clinical NCOPE residency in orthotics; and

   4. (4) Successfully complete one (1) of the following national certification examinations:

      1. (A) American Board for Certification in Orthotics, Prosthetics, and Pedorthics, Inc. (ABCOPP);
      2. (B) Board of Certification/Accreditation (BOC); or
      3. (C) Equivalent as determined by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board.

2. (b) Prosthetist. To qualify for a license to practice prosthetics, a person shall:

   1. (1) Complete a prosthetics education program which is accredited by the Commission on Accreditation of Allied Health Education Programs or its successor organization;
   2. (2) Possess a baccalaureate degree or have successfully completed the number of semester hours equivalent to four (4) years of study at a four-year college or university;
   3. (3) Successfully complete a clinical NCOPE residency in prosthetics; and

   4. (4) Successfully complete one (1) of the following national certification examinations:

      1. (A) ABCOPP;
      2. (B) BOC; or
      3. (C) Equivalent as determined by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board.

3. (c) Pedorthist. To qualify for a license to practice pedorthics a person shall:

   1. (1) Possess a high school diploma or GED;
   2. (2) Possess the Certified Pedorthist credential from either ABCOPP or BOC; and

   3. (3) Successfully complete one (1) of the following national certification examinations:

      1. (A) ABCOPP;
      2. (B) BOC; or
      3. (C) Equivalent as determined by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board.

4. (d) Assistant.

   1. (1) An applicant for certification to practice as an orthotic assistant, prosthetic assistant, or orthotic/prosthetic assistant shall submit the written evidence, verified by oath, that the applicant:

      1. (A) Possesses a high school diploma or GED;
      2. (B) Has a minimum of three (3) years of experience in the field in which the person is seeking licensure as an assistant;
      3. (C) Two (2) years’ experience in the field in which the individual is seeking licensure as an assistant and has a minimum of three (3) semester hours of higher education in the subject of human anatomy and physiology and medical terminology and has written documentation from a licensed prosthetist or a licensed orthotist that the applicant is qualified to perform as an assistant in the field in which the person is seeking licensure as the assistant; or
      4. (D) Has graduated from a master’s-level orthotic, prosthetic, or orthotic/prosthetic educational program approved by the National Commission on Orthotic and Prosthetic Education and is in a residency program.
   2. (2) An orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall maintain certification until the completion of their residency program.

5. (e) Reciprocity. An applicant from another state or jurisdiction qualifies for a reciprocal license if:

   1. (1)

      1. (A) The applicant holds a substantially similar license in another United States jurisdiction.
      2. (B) A license from another state is substantially similar to an Arkansas license if the other state’s licensure qualifications require:

6. (i) Orthotists. Items in subsection (a) of this section;

   1. (ii) Prosthetists. Items in subsection (b) of this section;

      1. (iii) Pedorthists. Items in subsection (c) of this section; and

         1. (iv) Prosthetic assistants. Items in subsection (d) of this section;
   2. (2) The applicant holds his or her license in good standing;

   3. (3) The applicant has not had a license revoked for:

      1. (A) An act of bad faith; or
      2. (B) A violation of law, rule, or ethics;
   4. (4) The applicant does not hold a suspended or probationary license in a United States jurisdiction;
   5. (5) The applicant is competent in orthotics; and

   6. (6) The applicant submits:

      1. (A) A fully executed application;
      2. (B) A fee; and

      3. (C) The following documentation:

         1. (i) Evidence of current and active licensure in that state;
         2. (ii) Evidence that the other state’s qualifications match those in subdivision (e)(1) of this section;
         3. (iii) The names of all states in which the applicant is currently licensed or has been previously licensed; and
         4. (iv) Letters of good standing or other information from each state in which the applicant is currently or has ever been licensed showing that the applicant has not had his or her license revoked for:
7. (a) (a) An act of bad faith; or
8. (b) (b) A violation of law, rule, or ethics.

9. (f) Military.

   1. (1) This section applies to:

      1. (A) A uniformed service member stationed in the State of Arkansas;
      2. (B) A uniformed service veteran who resides in or establishes residency in the State of Arkansas; or

      3. (C) The spouse of subdivision (f)(1)(A) or (f)(1)(B) of this section, including a uniformed service member who is:

         1. (i) Assigned a tour of duty that excludes the spouse from accompanying the uniformed service member and the spouse relocates to Arkansas; or
         2. (ii) Killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in Arkansas.

   2. (2) Automatic licensure may be granted to persons listed in this subsection if the person:

      1. (A) Is a holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; and
      2. (B) Pays the licensure fee in Arkansas Code § 17-107-204.
   3. (3) Credit toward initial licensure. Relevant and applicable uniformed service education, training, national certification, or service-issued credential shall be accepted toward initial licensure.

   4. (4) Expiration dates and continuing education.

      1. (A) A license expiration date shall be extended for a deployed uniformed service member or spouse for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
      2. (B) A uniformed service member or spouse shall be exempt from continuing education requirements in 17 CAR § 45-113 for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
      3. (C) Any uniformed service member or spouse exercising the exemption shall provide evidence of completion of continuing education before renewal or grant of a subsequent license.

10. (g) Apprenticeship.

    1. (1) An applicant shall receive a pedorthist, orthotist assistant, prosthetist assistant, or orthotist/prosthetist assistant license if they meet the criteria set forth below.

    2. (2)

       1. (A) As used in this section, “apprenticeship” means a program that meets the federal guidelines set out in 29 C.F.R. pt. 29, as existing on March 1, 2021, and approved by the United States Office of Apprenticeship as meeting the requirements of an apprenticeship.

       2. (B)

          1. (i) An applicant for licensure under this section shall provide satisfactory proof of completion of apprenticeship via official documentation from the apprenticeship program.
          2. (ii) This documentation may be in the form of a:
11. (a) (a) Certificate, diploma, or similar official credential; or

12. (b) (b) Letter on official program letterhead.

    1. (C) An applicant for licensure under this section shall provide satisfactory documentation that the:

       1. (i) Completed apprenticeship program meets the federal guidelines set out in 29 C.F.R. pt. 29, as existing on March 1, 2021; and

          1. (ii) Program has been approved by the:
13. (a) (a) United States Office of Apprenticeship; or

14. (b) (b) Division of Workforce Services.

    1. (D) An applicant for licensure under this section shall meet all the other noneducational requirements for licensure under this part, including this section.

       1. (E) If an applicant is denied a license for failing to meet the criteria in subdivisions (g)(2)(B) – (D) of this section, the applicant shall be provided the reason for denial in writing.

15. (h) Prelicensure criminal background check.

    1. (1) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether:

       1. (A) The individual’s criminal record will disqualify the individual from licensure; and
       2. (B) A waiver may be obtained.
    2. (2) The individual must obtain the prelicensure criminal background check petition form from the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board.
    3. (3) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board will respond with a decision in writing to a completed petition within a reasonable time.
    4. (4) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board’s response will state the reasons for the decision.
    5. (5) All decisions of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in response to the petition will be determined by the information provided by the individual.
    6. (6) Any and all decisions made by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in response to a prelicensure criminal background check petition are not subject to appeal.
    7. (7) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board will keep and maintain a copy of the petition and response, which will be reviewed during the formal application process.

    8. (8) Waiver request.

       1. (A) If an individual has been convicted of a crime listed in Arkansas Code § 17-3-102(a), the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:

          1. (i) An affected applicant for a license; or
          2. (ii) An individual holding a license subject to revocation.

       2. (B) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may grant a waiver upon consideration of the following, without limitation:

          1. (i) The age at which the offense was committed;
          2. (ii) The circumstances surrounding the offense;
          3. (iii) The length of time since the offense was committed;
          4. (iv) Subsequent work history since the offense was committed;
          5. (v) Employment references since the offense was committed;
          6. (vi) Character references since the offense was committed;
          7. (vii) Relevance of the offense to the occupational license; and
          8. (viii) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

       3. (C)

          1. (i) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
          2. (ii) A request for waiver, if made by a licensee, must be in writing.
       4. (D) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board will respond with a decision in writing and will state the reasons for the decision.

       5. (E) Appeals under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

          1. (i) Initial licensure fee waiver.

    9. (1)

       1. (A) Pursuant to Acts 2021, No. 725, an applicant may receive a waiver of the initial licensure fee, if eligible.

       2. (B) Eligible applicants are applicants who:

          1. (i) Are receiving assistance through the:
16. (a) (a) Arkansas, or current state of residence equivalent, Medicaid Program;

17. (b) (b) Supplemental Nutrition Assistance Program(SNAP);

    1. (c) (c) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);

       1. (d) (d) Temporary Assistance for Needy Families Program (TEA); or

18. (e) (e) Lifeline Assistance Program (LAP);

    1. (ii) Were approved for unemployment within the last twelve (12) months; or

       1. (iii) Have an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

    2. (2)

       1. (A) Applicants shall provide documentation showing their receipt of benefits from the appropriate state agency.
       2. (B) For Medicaid, SNAP, WIC, TEA, or LAP, documentation from the Department of Human Services or current state of residence equivalent agency.
       3. (C) For unemployment benefits approval in the last twelve (12) months, the Division of Workforce Services or current state of residence equivalent agency.
       4. (D) For proof of income, copies of all Internal Revenue Service forms indicating applicant’s total personal income for the most recent tax year, e.g., W-2, 1099, etc.
    3. (3) Applicants shall attest that the documentation provided under subdivision (i)(2)(B) of this section is a true and correct copy, and fraudulent or fraudulently obtained documentation shall be grounds for denial or revocation of license.

Codification Notes: "GED" means General Educational Development test. "NCOPE" means National Commission on Orthotic and Prosthetic Education.