CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-21                                        Bill No. HB 4365

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

 6

 7

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 9

10                                                                

11  Representative(s) Kelly offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

18  Statutes, is amended, and subsection (6) is added to said

19  section, to read:

20         457.102  Definitions.--As used in this chapter:

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

22  based on traditional Chinese medical concepts and modern

23  Oriental medical techniques, that employs acupuncture

24  diagnosis and treatment, as well as adjunctive therapies and

25  diagnostic techniques, for the promotion, maintenance, and

26  restoration of health and the prevention of disease.

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

28  insertion of acupuncture needles and the application of

29  moxibustion to specific areas of the human body.

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

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

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                                                   HOUSE AMENDMENT

    hbd-21                                        Bill No. HB 4365

    Amendment No.     (for drafter's use only)





 1  therapy, dietary guidelines, and other adjunctive therapies.

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

 3  Statutes, is amended to read:

 4         457.103  Board of Acupuncture; membership; appointment

 5  and terms.--

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

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

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

 9  Three members of the board must be licensed Florida

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

11  who have never been acupuncturists or members of any closely

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

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

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

15  Statutes, is amended to read:

16         457.105  Licensure qualifications and fees.--

17         (2)  A person may become licensed to practice

18  acupuncture if the person applies to the department and:

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

20         (b)  Has completed 60 college credits from an

21  accredited postsecondary institution as a prerequisite to

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

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

24  course of study in acupuncture and Oriental medicine, and

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

26  acupuncture and Oriental medicine, which meets standards

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

28  are not limited to, successful completion of academic courses

29  in western anatomy, western physiology, western pathology, and

30  western biomedical terminology, first aid, and cardiopulmonary

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

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                                                   HOUSE AMENDMENT

    hbd-21                                        Bill No. HB 4365

    Amendment No.     (for drafter's use only)





 1  authorized course of study in acupuncture before August 1,

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

 3  meets standards established by the board by rule, which

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

 5  completion of academic courses in western anatomy, western

 6  physiology, and western pathology;

 7         (c)  Has successfully completed a board-approved

 8  national certification process, is actively licensed in a

 9  state that has examination requirements that are substantially

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

11  passes an examination administered by the department, which

12  examination tests the applicant's competency and knowledge of

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

14  oriental nomenclature for the points shall be used in the

15  examination. The examination shall include a practical

16  examination of the knowledge and skills required to practice

17  acupuncture, covering diagnostic and treatment techniques and

18  procedures; and

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

20  not to exceed the following amounts:

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

22  cost to the department for purchase of the written and

23  practical portions of the examination from a national

24  organization approved by the board.

25         2.  Application fee: $300.

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

27  applicant cost to the department for purchase of the written

28  and practical portions of the examination from a national

29  organization approved by the board.

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

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

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                                                   HOUSE AMENDMENT

    hbd-21                                        Bill No. HB 4365

    Amendment No.     (for drafter's use only)





 1  the second half of the biennium.

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

 3  Statutes, is amended to read:

 4         457.107  Renewal of licenses; continuing education.--

 5         (3)  The board shall by rule prescribe continuing

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

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

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

 9  to meet continuing education requirements, prior approval by

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

11  education programs that contribute to the advancement,

12  extension, or enhancement of professional skills and knowledge

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

14  nonprofit or profitmaking entity, are eligible for approval.

15  The continuing education requirements must be in acupuncture

16  or Oriental-medicine subjects, including, but not limited to,

17  anatomy, biological sciences, adjunctive therapies, sanitation

18  and sterilization, emergency protocols, and diseases. The

19  board shall have the authority to set a fee, not to exceed

20  $100, for each continuing education provider or program

21  submitted for approval. The licensee shall retain in his or

22  her records the certificates of completion of continuing

23  education requirements to prove compliance with this

24  subsection. The board may request such documentation, without

25  cause, from applicants who are selected at random. All

26  national and state acupuncture and Oriental-medicine

27  organizations and acupuncture and Oriental-medicine schools

28  are approved to provide continuing education in accordance

29  with this subsection.

30         Section 5.  Section 457.116, Florida Statutes, is

31  amended to read:

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                                                   HOUSE AMENDMENT

    hbd-21                                        Bill No. HB 4365

    Amendment No.     (for drafter's use only)





 1         (Substantial rewording of section. See

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

 3         457.116  Prohibited acts; penalty.--

 4         (1)  A person may not:

 5         (a)  Practice acupuncture unless the person is licensed

 6  under this chapter;

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

 8  of business, any title or description of services which

 9  incorporates the words "acupuncture," "acupuncturist,"

10  "certified acupuncturist," "licensed acupuncturist," "Oriental

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

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

13  insignia indicating or implying that he or she practices

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

15  issued under this chapter;

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

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

18  board or a member thereof;

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

20  suspended, revoked, or placed on inactive or delinquent

21  status;

22         (f)  Employ any person who is not licensed under this

23  chapter to engage in the practice of acupuncture; or

24         (g)  Conceal information relating to any violation of

25  this chapter.

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

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

28  775.082 or s. 775.083.

29         Section 6.  This act shall take effect October 1 of the

30  year in which enacted.

31

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                                                   HOUSE AMENDMENT

    hbd-21                                        Bill No. HB 4365

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  remove from the title of the bill:  everything before the

 4  enacting clause

 5

 6  and insert in lieu thereof:

 7                      A bill to be entitled

 8         An act relating to acupuncture; amending s.

 9         457.102, F.S.; revising the definition of the

10         term "acupuncture"; defining the term "Oriental

11         medicine"; amending s. 457.103, F.S.; revising

12         membership of the Board of Acupuncture;

13         amending s. 457.105, F.S.; revising

14         qualifications for licensure to practice

15         acupuncture; conforming terminology; amending

16         s. 457.107, F.S.; revising provisions relating

17         to continuing education programs and approvals;

18         amending s. 457.116, F.S.; revising and

19         providing prohibited acts; providing a penalty;

20         providing an effective date.

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