Bill Text: FL S0378 | 2023 | Regular Session | Introduced
Bill Title: Practice of Chiropractic Medicine
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-05-05 - Died in Health Policy [S0378 Detail]
Download: Florida-2023-S0378-Introduced.html
Florida Senate - 2023 SB 378 By Senator Garcia 36-00872-23 2023378__ 1 A bill to be entitled 2 An act relating to the practice of chiropractic 3 medicine; amending s. 400.9905, F.S.; revising the 4 definition of the term “clinic” as it relates to the 5 regulation of health care clinics; amending s. 6 460.402, F.S.; revising applicability of ch. 460, 7 F.S.; amending s. 460.403, F.S.; revising definitions; 8 amending s. 460.406, F.S.; revising licensure 9 requirements for chiropractic physicians; amending s. 10 460.4061, F.S.; revising requirements for restricted 11 licenses for chiropractic physicians; amending s. 12 460.4062, F.S.; revising requirements for chiropractic 13 medicine faculty certificates; amending s. 460.4165, 14 F.S.; revising certification requirements for 15 certified chiropractic assistants; amending s. 16 460.4167, F.S.; revising criteria for clinical 17 facilities that may employ or engage chiropractic 18 physicians to provide chiropractic services; providing 19 an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (j) of subsection (4) of section 24 400.9905, Florida Statutes, is amended to read: 25 400.9905 Definitions.— 26 (4) “Clinic” means an entity where health care services are 27 provided to individuals and which tenders charges for 28 reimbursement for such services, including a mobile clinic and a 29 portable equipment provider. As used in this part, the term does 30 not include and the licensure requirements of this part do not 31 apply to: 32 (j) Clinical facilities affiliated with a college of 33 chiropractic accredited by an accrediting agency recognized by 34 the United States Department of Educationthe Council on35Chiropractic Educationat which training is provided for 36 chiropractic students. 37 38 Notwithstanding this subsection, an entity shall be deemed a 39 clinic and must be licensed under this part in order to receive 40 reimbursement under the Florida Motor Vehicle No-Fault Law, ss. 41 627.730-627.7405, unless exempted under s. 627.736(5)(h). 42 Section 2. Subsection (6) of section 460.402, Florida 43 Statutes, is amended to read: 44 460.402 Exceptions.—The provisions of this chapter shall 45 not apply to: 46 (6) A chiropractic student enrolled in a chiropractic 47 college accredited by an accrediting agency recognized by the 48 United States Department of Educationthe Council on49Chiropractic Educationand participating in either: 50 (a) A community-based internship under the direct 51 supervision of a doctor of chiropractic medicine who is 52 credentialed as an adjunct faculty member of a chiropractic 53 college in which the student is enrolled; or 54 (b) A chiropractic college clinical internship under the 55 direct supervision of a doctor of chiropractic medicine who is a 56 full-time, part-time, or adjunct faculty member of a 57 chiropractic college located in this state and accredited by an 58 accrediting agency recognized by the United States Department of 59 Educationthe Council on Chiropractic Educationand who holds a 60 current, active Florida chiropractor’s license. 61 Section 3. Subsection (4) and paragraph (a) of subsection 62 (9) of section 460.403, Florida Statutes, are amended to read: 63 460.403 Definitions.—As used in this chapter, the term: 64 (4)(a) “Community-based internship” means a program in 65 which a student enrolled in his or herthelast year of a 66 chiropractic college accredited by an accrediting agency 67 recognized by the United States Department of Educationthe68Council on Chiropractic Educationis approved to obtain required 69 pregraduation clinical experience in a chiropractic clinic or 70 practice under the direct supervision of a doctor of 71 chiropractic medicine approved as an adjunct faculty member of 72 the chiropractic college in which the student is enrolled, 73 according to the teaching protocols for the clinical practice 74 requirements of the college. 75 (b) “Chiropractic college clinical internship” means a 76 program in which a student enrolled in a chiropractic college 77 that is located in this state and accredited by an accrediting 78 agency recognized by the United States Department of Education 79the Council on Chiropractic Educationobtains clinical 80 experience pursuant to the chiropractic college’s curriculum in 81 a classroom or chiropractic clinic operated by the chiropractic 82 college, according to the teaching protocols for the clinical 83 practice requirements of the college. 84 (9)(a) “Practice of chiropractic medicine” means a 85 noncombative principle and practice consisting of the science, 86 philosophy, and art of the adjustment, manipulation, and 87 treatment of the human body in which vertebral subluxations and 88 other malpositioned articulations and structures that are 89 interfering with the normal generation, transmission, and 90 expression of nerve impulse between the brain, organs, and 91 tissue cells of the body, thereby causing disease, are adjusted, 92 manipulated, or treated, thus restoring the normal flow of nerve 93 impulse which produces normal function and consequent health by 94 chiropractic physicians using specific chiropractic adjustment 95 or manipulation techniques taught in chiropractic colleges 96 accredited by an accrediting agency recognized by the United 97 States Department of Educationthe Council on Chiropractic98Education. No person other than a licensed chiropractic 99 physician may render chiropractic services, chiropractic 100 adjustments, or chiropractic manipulations. 101 Section 4. Subsections (1), (2), and (5) of section 102 460.406, Florida Statutes, are amended to read: 103 460.406 Licensure by examination.— 104 (1) Any person desiring to be licensed as a chiropractic 105 physician must apply to the department to take the licensure 106 examination. There isshall bean application fee set by the 107 board not to exceed $100 which isshall benonrefundable. There 108 isshallalsobean examination fee not to exceed $500 plus the 109 actual per applicant cost to the department for purchase of 110 portions of the examination from the National Board of 111 Chiropractic Examiners or a similar national organization, which 112 may be refundable if the applicant is found ineligible to take 113 the examination. The department shall examine each applicant 114 whom the board certifies has met all of the following criteria: 115 (a) Completed the application form and remitted the 116 appropriate fee. 117 (b) Submitted proof satisfactory to the department that he 118 or she is not less than 18 years of age. 119 (c) Submitted proof satisfactory to the department that he 120 or she is a graduate of a chiropractic college which is 121 accredited by or has status with an accrediting agency 122 recognized by the United States Department of Educationthe123Council on Chiropractic Educationor its predecessor agency. 124 However, any applicant who is a graduate of a chiropractic 125 college that was initially accredited by the Council on 126 Chiropractic Education in 1995, who graduated from such college 127 within the 4 years immediately preceding such accreditation, and 128 who is otherwise qualified is eligible to take the examination. 129 An application for a license to practice chiropractic medicine 130 may not be denied solely because the applicant is a graduate of 131 a chiropractic college that subscribes to one philosophy of 132 chiropractic medicine as distinguished from another. 133 (d)1. For an applicant who has matriculated in a 134 chiropractic college before July 2, 1990, completed at least 2 135 years of residence college work, consisting of a minimum of one 136 half the work acceptable for a bachelor’s degree granted on the 137 basis of a 4-year period of study, in a college or university 138 accredited by an institutional accrediting agency recognized and 139 approved by the United States Department of Education. However, 140 before being certified by the board to sit for the examination, 141 each applicant who has matriculated in a chiropractic college 142 after July 1, 1990, must have been granted a bachelor’s degree, 143 based upon 4 academic years of study, by a college or university 144 accredited by an institutional accrediting agency that is a 145 member of the Commission on Recognition of Postsecondary 146 Accreditation. 147 2. Effective July 1, 2000, completed, before matriculation 148 in a chiropractic college, at least 3 years of residence college 149 work, consisting of a minimum of 90 semester hours leading to a 150 bachelor’s degree in a liberal arts college or university 151 accredited by an institutional accrediting agency recognized and 152 approved by the United States Department of Education. However, 153 before being certified by the board to sit for the examination, 154 each applicant who has matriculated in a chiropractic college 155 after July 1, 2000, must have been granted a bachelor’s degree 156 from an institution holding accreditation for that degree from 157 an institutional accrediting agency that is recognized by the 158 United States Department of Education. The applicant’s 159 chiropractic degree must consist of credits earned in the 160 chiropractic program and may not include academic credit for 161 courses from the bachelor’s degree. 162 (e) Successfully completed the National Board of 163 Chiropractic Examiners certification examination in parts I, II, 164 III, and IV, and the physiotherapy examination of the National 165 Board of Chiropractic Examiners, with a score approved by the 166 board. 167 (f) Submitted to the department a set of fingerprints on a 168 form and under procedures specified by the department, along 169 with payment in an amount equal to the costs incurred by the 170 Department of Health for the criminal background check of the 171 applicant. 172 173 The board may require an applicant who graduated from an 174 institution accredited by an accrediting agency recognized by 175 the United States Department of Educationthe Council on176Chiropractic Educationmore than 10 years before the date of 177 application to the board to take the National Board of 178 Chiropractic Examiners Special Purposes Examination for 179 Chiropractic, or its equivalent, as determined by the board. The 180 board shall establish by rule a passing score. 181 (2) For those applicants applying for the certification 182 examination who have matriculated prior to July 1, 1996, in a 183 chiropractic college, the board shall waive the provisions of 184 paragraph (1)(c) if the applicant is a graduate of a 185 chiropractic college which has been denied accreditation or 186 approval on the grounds that its curriculum does not include the 187 training in acupuncture necessary for the completion of the 188 certification examination or is a graduate of a chiropractic 189 college where acupuncture is not taught or offered if the 190 college is accredited by or has status with an accrediting 191 agency recognized by the United States Department of Education 192the Council on Chiropractic Educationor its predecessor. 193 (5) A student enrolled in a school or college of 194 chiropractic accredited by an accrediting agency recognized by 195 the United States Department of Educationthe Council on196Chiropractic Educationor its successor in the final year of the 197 program may file an application pursuant to subsection (1), take 198 all examinations required for licensure, submit a set of 199 fingerprints, and pay all fees required for licensure. A 200 chiropractic student who successfully completes the licensure 201 examinations and who otherwise meets all requirements for 202 licensure as a chiropractic physician during the student’s final 203 year must have graduated before being certified for licensure 204 pursuant to this section. 205 Section 5. Paragraph (a) of subsection (1) of section 206 460.4061, Florida Statutes, is amended to read: 207 460.4061 Restricted license.— 208 (1) An applicant for licensure as a chiropractic physician 209 may apply to the department for a restricted license without 210 undergoing a state or national written or clinical competency 211 examination for licensure if the applicant initially applies not 212 later than October 31, 1994, for the restricted license and: 213 (a) Holds a degree from a college of chiropractic 214 accredited by an accrediting agency recognized by the United 215 States Department of Educationthe Council on Chiropractic216Educationor its predecessor agency and holds a bachelor’s 217 degree. 218 Section 6. Paragraphs (a) and (e) of subsection (1) of 219 section 460.4062, Florida Statutes, are amended to read: 220 460.4062 Chiropractic medicine faculty certificate.— 221 (1) The department may issue a chiropractic medicine 222 faculty certificate without examination to an individual who 223 remits a nonrefundable application fee, not to exceed $100 as 224 determined by rule of the board, and who demonstrates to the 225 board that he or she meets the following requirements: 226 (a) Is a graduate of an accredited school or college of 227 chiropractic accredited by an accrediting agency recognized by 228 the United States Department of Educationthe Council on229Chiropractic Education. 230 (e)1. Performs research or has been offered and has 231 accepted a full-time or part-time faculty appointment to teach 232 in a program of chiropractic medicine at a publicly funded state 233 university or college or at a college of chiropractic located in 234 thisthestate and accredited by an accrediting agency 235 recognized by the United States Department of Educationthe236Council on Chiropractic Education; and 237 2. Provides a certification from the dean of the appointing 238 college acknowledging the appointment. 239 Section 7. Paragraph (b) of subsection (13) of section 240 460.4165, Florida Statutes, is amended to read: 241 460.4165 Certified chiropractic physician’s assistants.— 242 (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION 243 RENEWAL.—The certification must be renewed biennially. 244 (b) Each certified chiropractic physician’s assistant shall 245 biennially complete 24 hours of continuing education courses 246 sponsored by chiropractic colleges accredited by an accrediting 247 agency recognized by the United States Department of Education 248the Council on Chiropractic Educationand approved by the board. 249 The board shall approve those courses that build upon the basic 250 courses required for the practice of chiropractic medicine, and 251 the board may also approve courses in adjunctive modalities. The 252 board may make exception from the requirements of this section 253 in emergency or hardship cases. The board may adopt rules within 254 the requirements of this section which are necessary for its 255 implementation. 256 Section 8. Paragraph (d) of subsection (1) of section 257 460.4167, Florida Statutes, is amended to read: 258 460.4167 Proprietorship by persons other than licensed 259 chiropractic physicians.— 260 (1) A person may not employ a chiropractic physician 261 licensed under this chapter or engage a chiropractic physician 262 licensed under this chapter as an independent contractor to 263 provide services that chiropractic physicians are authorized to 264 offer under this chapter, unless the person is any of the 265 following: 266 (d) A clinical facility that is affiliated with a college 267 of chiropractic accredited by an accrediting agency recognized 268 by the United States Department of Educationthe Council on269Chiropractic Educationat which training is provided for 270 chiropractic students. 271 Section 9. This act shall take effect upon becoming a law.