It seem Mr. Barocas has appointed himself the authority on Florida O&P
law and legal advisor to the profession. Hopefully those who follow his
advise and are then prosecuted will look to him for redress.
There are no loop holes in the law. If you provide services as
described in the statute you must be licensed. There are exemptions for
physicians and others licensed in Florida who’s practice act may allow
them to provide some of the defined services.
ORTHOPEDIC TECHNOLOGISTS ARE NOT LICENSED, PRACTICE AT YOU OWN PERIL.
Mr. Barocas basis his argument on the paragraph below
2) This act does not require an additional license of, or regulate the
practice of, any other licensed health care professional within the
state,
or prevent a qualified member of any other profession or any person
employed
under the supervision of such a licensed professional from doing work of
a
nature consistent with that person’s training, as long as the person
does
not hold himself or herself out to the public as a licensee under this
act.
Unfortunately he cannot just pluck a few words out of a sentence and use
them to justify a position. The paragraph must be taken in its
entirety. This paragraph refers to individuals licensed in Florida,
allowing them to continue to practice and use support persons under
their supervision, it does not mean if you think you are qualified just
go ahead and practice.
If Mr. Barocas knows of an orthopedic technologist acting independently,
not under the employ of an exempt physician, he is obligated by law to
file a complaint with the state for unlicensed practice. If no
complaint is forthcoming then we must presume these are merely musings
and not fact.
