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 Education the Council on
   35  Chiropractic Education at 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 Education the Council on
   49  Chiropractic Education and 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  Education the Council on Chiropractic Education and 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 her the last year of a
   66  chiropractic college accredited by an accrediting agency
   67  recognized by the United States Department of Education the
   68  Council on Chiropractic Education is 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
   79  the Council on Chiropractic Education obtains 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 Education the Council on Chiropractic
   98  Education. 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 is shall be an application fee set by the
  107  board not to exceed $100 which is shall be nonrefundable. There
  108  is shall also be an 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 Education the
  123  Council on Chiropractic Education or 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 Education the Council on
  176  Chiropractic Education more 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
  192  the Council on Chiropractic Education or 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 Education the Council on
  196  Chiropractic Education or 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 Education the Council on Chiropractic
  216  Education or 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 Education the Council on
  229  Chiropractic 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  this the state and accredited by an accrediting agency
  235  recognized by the United States Department of Education the
  236  Council 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
  248  the Council on Chiropractic Education and 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 Education the Council on
  269  Chiropractic Education at which training is provided for
  270  chiropractic students.
  271         Section 9. This act shall take effect upon becoming a law.