House Bill 4365

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    Florida House of Representatives - 1998                HB 4365

        By Representative Kelly






  1                      A bill to be entitled

  2         An act relating to acupuncture; amending s.

  3         457.102, F.S.; defining the term "acupuncture";

  4         amending s. 457.103, F.S.; revising the

  5         membership of the Board of Acupuncture;

  6         amending s. 457.105, F.S.; revising the

  7         licensing requirements for acupuncturists;

  8         amending s. 457.116, F.S.; prohibiting certain

  9         acts; providing penalties; providing an

10         effective date.

11

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

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

15  Statutes, is amended to read:

16         457.102  Definitions.--As used in this chapter:

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

18  based on traditional and modern Oriental Chinese medical

19  concepts, that employs acupuncture diagnosis and treatment, as

20  well as adjunctive therapies and diagnostic techniques, for

21  the promotion, maintenance, and restoration of health and the

22  prevention of disease. Acupuncture shall include, but not be

23  limited to, the insertion of acupuncture needles and the

24  application of moxibustion to specific areas of the human

25  body.

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

27  Statutes, is amended to read:

28         457.103  Board of Acupuncture; membership; appointment

29  and terms.--

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

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

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    Florida House of Representatives - 1998                HB 4365

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

  2  Three members of the board must be licensed Florida

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

  4  who have never been acupuncturists or members of any closely

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

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

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

  8  Statutes, is amended to read:

  9         457.105  Licensure qualifications and fees.--

10         (2)  A person may become licensed to practice

11  acupuncture if the person applies to the department and:

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

13         (b)  Has completed 60 college credits from an

14  accredited postsecondary institution as a prerequisite to

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

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

17  course of study in acupuncture and Oriental medicine, and

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

19  acupuncture and Oriental medicine, which meets standards

20  established by the board by rule, which standards include

21  successful completion of academic courses in western anatomy,

22  western physiology, western pathology, and western biomedical

23  terminology, first aid, and cardiopulmonary resuscitation.

24  However, any person who enrolled in an authorized course of

25  study in acupuncture before August 1, 1997, must have

26  completed only a 2-year course of study which meets standards

27  established by the board by rule, which standards must

28  include, but are not limited to, successful completion of

29  academic courses in western anatomy, western physiology, and

30  western pathology;

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    Florida House of Representatives - 1998                HB 4365

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  1         (c)  Has successfully completed a board-approved

  2  national certification process, is actively licensed in a

  3  state that has examination requirements that are substantially

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

  5  passes an examination administered by the department, which

  6  examination tests the applicant's competency and knowledge of

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

  8  oriental nomenclature for the points shall be used in the

  9  examination. The examination shall include a practical

10  examination of the knowledge and skills required to practice

11  acupuncture, covering diagnostic and treatment techniques and

12  procedures; and

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

14  not to exceed the following amounts:

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

16  cost to the department for purchase of the written and

17  practical portions of the examination from a national

18  organization approved by the board.

19         2.  Application fee: $300.

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

21  applicant cost to the department for purchase of the written

22  and practical portions of the examination from a national

23  organization approved by the board.

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

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

26  the second half of the biennium.

27         Section 4.  Subsection (1) of section 457.116, Florida

28  Statutes, is amended to read:

29         457.116  Prohibited acts; penalty.--

30         (1)  It is unlawful for any person to:

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    Florida House of Representatives - 1998                HB 4365

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  1         (a)  Hold himself or herself out as a certified or

  2  licensed acupuncturist unless licensed under this chapter.

  3         (b)  Practice or attempt to practice acupuncture

  4  without an active license or as otherwise provided by this

  5  chapter.

  6         (c)  Obtain or attempt to obtain a license to practice

  7  acupuncture by fraudulent misrepresentation or present the

  8  license of another person as his or her own.

  9         (d)  Permit an employed person to engage in the

10  practice of acupuncture unless such person holds an active

11  license as an acupuncturist, except as otherwise provided by

12  this chapter.

13         (e) Conceal information regarding a violation of this

14  chapter.

15         (f)  Use the title "acupuncture," "acupuncturist," or

16  "Oriental medical practitioner," or the letters "L.Ac.,"

17  "R.Ac.," "O.M.D.," "A.P.," or "D.O.M.," or any other words,

18  symbols, abbreviations, or insignia indicating that he or she

19  practices acupuncture, unless he or she holds an active

20  license under this chapter.

21         Section 5.  This act shall take effect July 1 of the

22  year in which enacted.

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24            *****************************************

25                          SENATE SUMMARY

26    Redefines the term "acupuncture." Changes the membership
      of the Board of Acupuncture. Requires an acupuncturist to
27    study Oriental medicine, first aid, and CPR to be
      licensed. Prohibits certain acts relating to acupuncture.
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