Advisory opinion letter to Mr. Lewis: the development of this program and to reinstate our request for…

Dear Mr. Lewis:

On May 31, 1973 Mr. Thomas J. Segal, Attorney, Office of General Counsel commented on a proposed certification program for the fitters of prescription footwear. This letter of comment followed a request on behalf of the Prescription Footwear Association that the pending request for an advisory opinion be held in abeyance, pending certain revisions of the proposed program. At this time, we wish to bring you up to date regarding the development of this program and to reinstate our request for advisory opinion or, in lieu thereof, additional staff comments, regarding this certification process. We believe that we have met or exceeded all requirements made known to us in correspondence, such as Mr. Segal’s letter, and staff conferences. More recently, we sought additional staff advice by means of a conference with Mr. Ben Burman of your office. As a result of that conference, certain additional changes were made in the organizational structure of the entity which will conduct the certification program for individuals and for facilities.

1206 FEDERAL TRADE COMMISSION DECISIONS | What has transpired since our initial submissions is that a separation has occurred between the trade association of prescription shoefitters and the credentialing organization. The trade association, formerly an _ Indiana corporation, has been reorganized and has become a non-profit corporation under the laws of the District of Columbia. Copies of the merger and the reorganization agreement which achieved this restatement of the trade association’s character are attached. In connection with this statutory merger, the By-laws of the P.F.A. were amended; these are also appended to this letter. For the last several years, the Prescription Footwear Association has concentrated on publications for the purpose of informing its members and on the conduct of educational seminars to improve their skills, background and scientific understanding of the fitting of prescription footwear. Examples are attached hereto.

On October 4, 1974 the Board for Certification in Pedorthics, Inc. had its first organizational meeting of its Board of Directors. At that time, the program to initially certify an individual as a “Certified Pedorthist” (C.Ped.) was developed. At that time modifications were approved, amending the criteria for certification to conform to Mr. Segal’s recommendations:

a) The five-year experience requirement for certification as a Pedorthist has been eliminated.

b) The educational prerequisites for certification as a Pedorthist have been eliminated.

c) The inventory requirements for Facility Accreditation have been reviewed, modified and substantiated as to cost and reasonableness.

d) Due process safeguards, including opportunities for a fair hearing, have been incorporated throughout the Individual and Facility Certification program.

Every effort has been made to insure that this credentialing program will have as its sole purpose the provision of a reasonable level of assurance to orthopaedic surgeons and other prescribers of prescription footwear that prescriptions will be filled with a degree of skill and accuracy which is adequate to provide the necessary service to the patient on an effective and efficient basis. This is the whole point of the credentialing program. It is not to restrict the numbers of — persons authorized to fill prescriptions for footwear, but on the other hand, it is a response to a need expressed by the Foot Society of the American Academy of Orthopaedic Surgeons.

In most areas of the United States a prescription for footwear for a diabetic, rheumatoid, arthritic, injured, deformed or insensitive foot

ADVISORY OPINIONS 1207 purport to offer absolute assurance that each holder of the certified status will provide skilled and knowledgeable services on each and every occasion. But it is a distinct improvement over the completely unpredictable situation in prior years.

We would be pleased to discuss this matter at an informal conference arranged at your offices. Should you require additional information, that would be supplied promptly. In the event that you wish to provide us with information concerning the activities of credentialing and professional organizations and societies, particularly in view of your recent activities in connection with the American Medical Association, would you kindly forward such information to us.

Thank you sincerely for your cooperation in this matter. Please let me know if there is anything further that I might do to facilitate your

consideration of this program.
Very truly yours,
/s/ Edward J. Krill