Orthotists and Prosthetists


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News & Updates

TDLR Health Monitor - August 2018 Edition

Articles in this August 2018 edition of The Health Monitor include an update on behavior analyst licensing; online supervision reporting for audiologists; TDLR’s Strategic Plan for 2019-2023; rule amendments for the mold program and orthotists and prosthetists program; criminal conviction guidelines for registered sanitarians and code enforcement officers; information for dietitians on telehealth practices; and outreach activities.

The TDLR Health Monitor is a quarterly newsletter that provides news and information about TDLR’s medical and health-related programs. Archives of past editions of the TDLR Health Monitor can be viewed here.

Justification for Adoption of Administrative Rules

The Texas Commission of Licensing and Regulation adopted amendments to existing rules regarding the Orthotics and Prosthetics program (16 Texas Administrative Code, Chapter 114, §§114.10, 114.20, 114.23 - 114.30, 114.40, 114.50, 114.66 - 114.69, 114.80, and 114.90).

The adoption justification may be viewed on TDLR’s web site and the updated rule chapter will be made available upon its effective date of September 1, 2018.

Orthotists and Prosthetists: One Year Update

In 2015, the Texas Legislature passed Senate Bill 202, transferring the Orthotists & Prosthetists program from the Department of State Health Services (DSHS) to the Texas Department of Licensing & Regulation (TDLR).

The program transfer took place in October 2016. As part of our mission to deliver improved services at a lower cost to Texans, TDLR reduced the following fees for the Orthotists & Prosthetists program:

Orthotists & Prosthetists DSHS Fee TDLR Fee $ Reduced % Reduced
Jurisprudence Exam $35 $34 $1 3%
Written License / Certification Verification Fee $25 $0 $25 100%
Changing the name of an accredited orthotics or prosthetics facility $400 $50 $350 88%
Changing the name of an accredited orthotics and prosthetics facility $500 $50 $450 90%
Changing the name of the on-site practitioner in charge of an accredited facility $100 $50 $50 50%
Changing the name of the safety manager of an accredited facility $100 $50 $50 50%
Criminal History Evaluation Letter $50 $25 $25 50%
Reinstatement Fee $100 $0 $100 100%

 

We’ve also reduced processing and administrative fees for each online transaction. Thanks to these reductions, Texas Orthotists & Prosthetists kept $3,857.00 in their pockets in their first year at TDLR. (October 2016 – September 2017)

In addition, TDLR reduced the word count in the Orthotists & Prosthetists program administrative rules to make them clear, concise, and easier to read--without impacting their effectiveness:

Orthotists & Prosthetists DSHS Rules TDLR Rules Word Difference % Reduced
Administrative Rules Word Count 24,948 12,611 12,337 49%

 

At TDLR, one of our core values is open and free communication. During this first year, the 3,913 Orthotists & Prosthetists program email subscribers were contacted 15 times (58,695 emails delivered) so that we could share information about meetings, rule changes, licensing, and more. And beginning in November 2015, all interested parties have been invited to six public meetings of the Orthotists & Prosthetists Advisory Board

TDLR is delivering on our promise to promote transparency and accountability, protect the health and safety of all Texans, and eliminate unnecessary barriers to doing business. We look forward to serving you for many years to come, and always appreciate any feedback at: cs.op@tdlr.texas.gov.

Inspections of Orthotists and Prosthetists Facilities in Hurricane Disaster Areas

Immediately after Hurricane Harvey, TDLR temporarily stopped periodic inspection of Orthotists and Prosthetists facilities in the disaster areas. On October 16, 2017, we will resume our regular inspection schedule. We will make every effort to avoid locations damaged by flooding. If a TDLR inspector arrives at a business being repaired due to flooding, he/she will return at a later date.

TDLR is continuing to provide a grace period for expired licenses, waive late renewal fees and provide duplicate license replacements for free.

Contact TDLR at recovery@tdlr.texas.gov or 1-800-803-9202 to order a duplicate license at no cost.

If you need to temporarily change your address, phone number, or email address, please update your contact information online.

For more information, visit TDLR’s Harvey web page.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Hurricane Harvey Disaster Response

On September 3, in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with disaster response operations for Hurricane Harvey.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Hurricane Harvey disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the Texas Department of Licensing and Regulation (TDLR) by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: Harvey@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 between 7:00 a.m. and 6:00 p.m. CDT or email Harvey@tdlr.texas.gov.

Inspection Information for Owners and Practitioners-in-Charge of Orthotic and Prosthetic Facilities

Rules reviewed by the Orthotists and Prosthetists Advisory Board and approved by the Texas Commission of Licensing and Regulation require that Orthotic and Prosthetic facilities be inspected once every two years. Inspectors from TDLR’s Field Operations Division will perform unscheduled inspections during your regular business hours beginning in March 2017.

Inspectors will check that your accredited facility is complying with the sanitation, safety, record-keeping and licensing requirements of the law and rules. Inspectors will explain in detail any violations that are noted, what corrective actions to take, and give you a chance to ask questions.

Inspection results fall into one of the following three categories:

  • No Corrections Needed – No action required. Your facility is in compliance.
  • Corrections Needed – Make corrections within 10 days of the inspection date.
  • Violations Sent to Enforcement – Make corrections within 10 days of the inspection date. In addition, a representative of the Enforcement Division may contact you regarding the violations.

During this first round of inspections, only very serious violations, such as unlicensed activity, will be referred to the Enforcement Division. Inspectors will use an Orthotic and Prosthetic Facilities Reference Guide to help them perform inspections.  The Orthotic and Prosthetic Facilities Reference Guide (393kb PDF) is available online.


Advisory Board Meetings

September 6, 2018 Meeting

Previous Meeting - June 11, 2018

The Orthotists and Prosthetists Advisory Board met June 11, 2018 in Austin. The agenda and the staff reports are online.The meeting was archived and is available on TDLR's YouTube channel.


About the Program

The Orthotists and Prosthetists program regulates orthotists and prosthetists, orthotic and prosthetic assistants, students, and technicians, and orthotic and prosthetic facilities.

A license is required to provide orthotic and prosthetic services in Texas, unless an individual or facility is exempted by law. These services comprise the science and practice of measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis or prosthesis for the correction or alleviation of a neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity under an order from:

  • a licensed physician
  • a chiropractor
  • a podiatrist; or
  • an advanced practice nurse or a physician assistant who is acting under the delegation and supervision of a licensed physician

Definition of Orthosis

"Orthosis" means a custom-fabricated or custom-fitted medical device designed to provide for the support, alignment, prevention, or correction of a neuromuscular or musculoskeletal disease, injury, or deformity. The term does not include: a fabric or elastic support, corset, arch support, low-temperature plastic splint, truss, elastic hose, cane, crutch, soft cervical collar, orthosis for diagnostic or evaluation purposes, dental appliance, or any other similar device carried in stock and sold by a drugstore, department store, or corset shop.

Definition of Prosthesis

"Prosthesis" means a custom-fabricated or custom-fitted medical device used to replace a missing limb, appendage, or other external human body part but that is not surgically implanted. The term includes an artificial limb, hand, or foot. The term does not include: an artificial eye, ear, finger, or toe; a dental appliance; a cosmetic device, including an artificial breast, eyelash, or wig; or another device that does not have a significant impact on the musculoskeletal functions of the body.