CODING: Words stricken are deletions; words underlined are additions.
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Senator Gutman moved the following amendment:
SENATE AMENDMENT
Bill No. HB 4365
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Gutman moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (1) of section 457.102, Florida
18 Statutes, is amended, and subsection (6) is added to that
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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Amendment No.
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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SENATE AMENDMENT
Bill No. HB 4365
Amendment No.
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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Amendment No.
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 professional education requirements must be in
16 acupuncture or Oriental-medicine subjects, including, but not
17 limited to, anatomy, biological sciences, adjunctive
18 therapies, sanitation and sterilization, emergency protocols,
19 and diseases. The board shall have the authority to set a fee,
20 not to exceed $100, for each continuing education provider or
21 program submitted for approval. The licensee shall retain in
22 his or her records the certificates of completion of
23 continuing professional education requirements to prove
24 compliance with this subsection. The board may request such
25 documentation without cause from applicants who are selected
26 at random. All national and state acupuncture and
27 Oriental-medicine organizations and acupuncture and
28 Oriental-medicine schools are approved to provide continuing
29 professional education in accordance with this subsection.
30 Section 5. Section 457.116, Florida Statutes, is
31 amended to read:
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Amendment No.
1 (Substantial rewording of section. See
2 s. 457.116, F.S., for present text.)
3 (1) A person may not:
4 (a) Practice acupuncture unless the person is licensed
5 under ss. 457.101-457.118;
6 (b) Use, in connection with his or her name or place
7 of business, any title or description of services which
8 incorporates the words "acupuncture," "acupuncturist,"
9 "certified acupuncturist," "licensed acupuncturist," "Oriental
10 medical practitioner"; the letters "L.Ac.," "R.Ac.," "A.P.,"
11 or "D.O.M."; or any other words, letters, abbreviations, or
12 insignia indicating or implying that he or she practices
13 acupuncture unless he or she is a holder of a valid license
14 issued pursuant to ss. 457.101-457.118;
15 (c) Present as his or her own the license of another;
16 (d) Knowingly give false or forged evidence to the
17 board or a member thereof;
18 (e) Use or attempt to use a license that has been
19 suspended, revoked, or placed on inactive or delinquent
20 status;
21 (f) Employ any person who is not licensed pursuant to
22 ss. 457.101-457.118 to engage in the practice of acupuncture;
23 or
24 (g) Conceal information relating to any violation of
25 ss. 457.101-457.118.
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, 1998.
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Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to Oriental medicine; amending
8 s. 457.102, F.S.; revising definitions relating
9 to the regulation of acupuncture; defining the
10 term "Oriental medicine"; amending s. 457.103,
11 F.S.; revising membership of the Board of
12 Acupuncture; amending s. 457.105, F.S.;
13 revising qualifications for licensure to
14 practice acupuncture; conforming terminology;
15 amending s. 457.107, F.S.; revising continuing
16 education programs and approvals; amending s.
17 457.116, F.S.; revising grounds for
18 disciplinary action and prohibited acts;
19 providing penalties; providing an effective
20 date.
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