Senate Bill 2282c1

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    Florida Senate - 1998                           CS for SB 2282

    By the Committee on Health Care and Senator Gutman





    317-2115-98

  1                      A bill to be entitled

  2         An act relating to Oriental medicine; amending

  3         s. 457.102, F.S.; revising definitions relating

  4         to the regulation of acupuncture; defining the

  5         term "Oriental medicine"; amending s. 457.103,

  6         F.S.; revising membership of the Board of

  7         Acupuncture; amending s. 457.105, F.S.;

  8         revising qualifications for licensure to

  9         practice acupuncture; conforming terminology;

10         amending s. 457.107, F.S.; revising continuing

11         education programs and approvals; amending s.

12         457.116, F.S.; revising grounds for

13         disciplinary action and prohibited acts;

14         providing penalties; providing an effective

15         date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (1) of section 457.102, Florida

20  Statutes, is amended, and subsection (6) is added to that

21  section, to read:

22         457.102  Definitions.--As used in this chapter:

23         (1)  "Acupuncture" means a form of primary health care,

24  based on traditional Chinese medical concepts and modern

25  Oriental medical techniques, that employs acupuncture

26  diagnosis and treatment, as well as adjunctive therapies and

27  diagnostic techniques, for the promotion, maintenance, and

28  restoration of health and the prevention of disease.

29  Acupuncture shall include, but not be limited to, the

30  insertion of acupuncture needles and the application of

31  moxibustion to specific areas of the human body.

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    Florida Senate - 1998                           CS for SB 2282
    317-2115-98




  1         (6)  "Oriental medicine" means the use of acupuncture,

  2  electro-acupuncture, Qi Gong, oriental massage, herbal

  3  therapy, dietary guidelines, and other adjunctive therapies.

  4         Section 2.  Subsection (1) of section 457.103, Florida

  5  Statutes, is amended to read:

  6         457.103  Board of Acupuncture; membership; appointment

  7  and terms.--

  8         (1)  The Board of Acupuncture is created within the

  9  department and shall consist of seven five members, to be

10  appointed by the Governor and confirmed by the Senate. Five

11  Three members of the board must be licensed Florida

12  acupuncturists. Two members must be laypersons who are not and

13  who have never been acupuncturists or members of any closely

14  related profession. Members shall be appointed for 4-year

15  terms or for the remainder of the unexpired term of a vacancy.

16         Section 3.  Subsection (2) of section 457.105, Florida

17  Statutes, is amended to read:

18         457.105  Licensure qualifications and fees.--

19         (2)  A person may become licensed to practice

20  acupuncture if the person applies to the department and:

21         (a)  Is 18 years of age or older;

22         (b)  Has completed 60 college credits from an

23  accredited postsecondary institution as a prerequisite to

24  enrollment in an authorized 3-year course of study in

25  acupuncture and Oriental medicine, and has completed a 3-year

26  course of study in acupuncture and Oriental medicine, and

27  effective July 31, 2001, a 4-year course of study in

28  acupuncture and Oriental medicine, which meets standards

29  established by the board by rule, which standards include, but

30  are not limited to, successful completion of academic courses

31  in western anatomy, western physiology, western pathology, and

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    Florida Senate - 1998                           CS for SB 2282
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  1  western biomedical terminology, first aid, and cardiopulmonary

  2  resuscitation (CPR). However, any person who enrolled in an

  3  authorized course of study in acupuncture before August 1,

  4  1997, must have completed only a 2-year course of study which

  5  meets standards established by the board by rule, which

  6  standards must include, but are not limited to, successful

  7  completion of academic courses in western anatomy, western

  8  physiology, and western pathology;

  9         (c)  Has successfully completed a board-approved

10  national certification process, is actively licensed in a

11  state that has examination requirements that are substantially

12  equivalent to or more stringent than those of this state, or

13  passes an examination administered by the department, which

14  examination tests the applicant's competency and knowledge of

15  the practice of acupuncture. At the request of any applicant,

16  oriental nomenclature for the points shall be used in the

17  examination. The examination shall include a practical

18  examination of the knowledge and skills required to practice

19  acupuncture, covering diagnostic and treatment techniques and

20  procedures; and

21         (d)  Pays the required fees set by the board by rule

22  not to exceed the following amounts:

23         1.  Examination fee: $500 plus the actual per applicant

24  cost to the department for purchase of the written and

25  practical portions of the examination from a national

26  organization approved by the board.

27         2.  Application fee: $300.

28         3.  Reexamination fee: $500 plus the actual per

29  applicant cost to the department for purchase of the written

30  and practical portions of the examination from a national

31  organization approved by the board.

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    Florida Senate - 1998                           CS for SB 2282
    317-2115-98




  1         4.  Initial biennial licensure fee: $400, if licensed

  2  in the first half of the biennium, and $200, if licensed in

  3  the second half of the biennium.

  4         Section 4.  Subsection (3) of section 457.107, Florida

  5  Statutes, is amended to read:

  6         457.107  Renewal of licenses; continuing education.--

  7         (3)  The board shall by rule prescribe continuing

  8  education requirements, not to exceed 30 hours biennially, as

  9  a condition for renewal of a license. The criteria for such

10  programs or courses shall be approved by the board. In order

11  to meet continuing education requirements, prior approval by

12  the board of such programs or courses is required. All

13  education programs that contribute to the advancement,

14  extension, or enhancement of professional skills and knowledge

15  related to the practice of acupuncture, whether conducted by a

16  nonprofit or profitmaking entity, are eligible for approval.

17  The continuing professional education requirements must be in

18  acupuncture or Oriental-medicine subjects, including, but not

19  limited to, anatomy, biological sciences, adjunctive

20  therapies, sanitation and sterilization, emergency protocols,

21  and diseases. The board shall have the authority to set a fee,

22  not to exceed $100, for each continuing education provider or

23  program submitted for approval. The licensee shall retain in

24  his or her records the certificates of completion of

25  continuing professional education requirements to prove

26  compliance with this subsection. The board may request such

27  documentation without cause from applicants who are selected

28  at random. All national and state acupuncture and

29  Oriental-medicine organizations and acupuncture and

30  Oriental-medicine schools are approved to provide continuing

31  professional education in accordance with this subsection.

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    Florida Senate - 1998                           CS for SB 2282
    317-2115-98




  1         Section 5.  Section 457.116, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

  4         s. 457.116, F.S., for present text.)

  5         (1)  A person may not:

  6         (a)  Practice acupuncture unless the person is licensed

  7  under ss. 457.101-457.118;

  8         (b)  Use, in connection with his or her name or place

  9  of business, any title or description of services which

10  incorporates the words "acupuncture," "acupuncturist,"

11  "certified acupuncturist," "licensed acupuncturist," "Oriental

12  medical practitioner"; the letters "L.Ac.," "R.Ac.," "A.P.,"

13  or "D.O.M."; or any other words, letters, abbreviations, or

14  insignia indicating or implying that he or she practices

15  acupuncture unless he or she is a holder of a valid license

16  issued pursuant to ss. 457.101-457.118;

17         (c)  Present as his or her own the license of another;

18         (d)  Knowingly give false or forged evidence to the

19  board or a member thereof;

20         (e)  Use or attempt to use a license that has been

21  suspended, revoked, or placed on inactive or delinquent

22  status;

23         (f)  Employ any person who is not licensed pursuant to

24  ss. 457.101-457.118 to engage in the practice of acupuncture;

25  or

26         (g)  Conceal information relating to any violation of

27  ss. 457.101-457.118.

28         (2)  A person who violates this section commits a

29  misdemeanor of the second degree, punishable as provided in s.

30  775.082 or s. 775.083.

31         Section 6.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                           CS for SB 2282
    317-2115-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2282

  3

  4  The committee substitute provides a definition for "Oriental
    medicine," revises continuing education requirements for
  5  acupuncturists and eliminates the Board of Acupuncture's
    authority to approve criteria for continuing education
  6  programs and courses, specifies professional continuing
    education requirements for acupuncturists, and substantially
  7  revises penalties under the acupuncture practice act.

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