HB 1301 2003
1	A bill to be entitled
2	An act relating to complementary or alternative health
3	care services; creating s. 456.42, F.S.; providing a
4	popular name; providing findings and intent; authorizing
5	persons who are not health care practitioners licensed by
6	this state to provide certain complementary or alternative
7	health care services; prohibiting certain acts; requiring
8	certain disclosure and consent; providing penalties;
9	amending s. 456.065, F.S., relating to unlicensed practice
10	of a health care profession, to conform; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 456.42, Florida Statutes, is created to
16	read:
17	456.42 Complementary or alternative health care services
18	by unlicensed persons.--
19	(1) POPULAR NAME.--This section shall be known by the
20	popular name "The Consumer Health Freedom Act."
21	(2) FINDINGS AND INTENT.--
22	(a) Based upon a comprehensive report by the National
23	Institute of Health, a study published by the New England
24	Journal of Medicine, and other research data, it is evident that
25	hundreds of thousands of Floridians are presently receiving a
26	substantial amount of health care from providers of
27	complementary or alternative health care services. Those studies
28	further indicate that individuals from a wide variety of age,
29	ethnic, socioeconomic, and other demographic categories utilize
30	complementary or alternative health care services.
31	(b) Notwithstanding the widespread utilization of
32	complementary or alternative health care services by residents
33	of this state, the provision of such services may be in
34	technical violation of the professional practice acts governing
35	the licensed health care practitioners specified in s.
36	456.001(4). As a result, a provider of complementary or
37	alternative health care services who is not licensed by this
38	state as a health care practitioner as defined in s. 456.001(4)
39	could be subject to fines, penalties, and the restriction of his
40	or her practice under this chapter, although there is no
41	demonstration that such practice poses an imminent risk of
42	significant harm to the public's health and safety.
43	(c) Because it finds that the unlicensed practice of
44	complementary or alternative health care services is not harmful
45	to the public's health and safety, the Legislature intends to
46	allow and to protect public access to complementary or
47	alternative health care services as provided in this section.
48	(3) PROHIBITED ACTS.--
49	(a) Notwithstanding any other provision of law, a person
50	who provides complementary or alternative health care services
51	in accordance with this section, but who is not licensed by this
52	state as a health care practitioner as defined in s. 456.001(4),
53	shall not be in violation of s. 456.065 or any other health care
54	professional practice act, unless the person:
55	1. Performs surgery or any other procedure that punctures
56	the skin of any person;
57	2. Prescribes or administers X-ray radiation to any
58	person;
59	3. Prescribes or administers a legend drug or controlled
60	substance to any person;
61	4. Recommends to any person the discontinuance of a legend
62	drug or controlled substance prescribed by a licensed health
63	care practitioner;
64	5. Willfully diagnoses or treats a physical or mental
65	health condition of any person which causes an imminent risk of
66	significant bodily injury, significant physical or mental
67	illness, or death; or
68	6. Holds out, states, indicates, advertises, or implies to
69	any person that he or she is a health care practitioner licensed
70	by this state.
71	(b) A person who violates any provision of this subsection
72	is subject to the administrative, civil, and criminal penalties
73	specified in s. 456.065(2)(a)-(d), including, but not limited
74	to, court costs, reasonable attorney's fees, and the reasonable
75	costs of investigation and prosecution.
76	(4) DISCLOSURE AND CONSENT.--
77	(a) Any person providing complementary or alternative
78	health care services who is not licensed by this state as a
79	health care practitioner as defined in s. 456.001(4) shall,
80	prior to providing such services, disclose to the client in a
81	plainly worded written statement:
82	1. The fact that he or she is not licensed as a health
83	care practitioner by this state.
84	2. The nature of the services to be provided and the
85	theory upon which the services are based.
86	3. The degrees, training, experience, credentials, or
87	other qualifications of the practitioner regarding the
88	complementary or alternative health care services being
89	provided.
90	(b) Any person providing complementary or alternative
91	health care services who is not licensed by this state as a
92	health care practitioner as defined in s. 456.001(4) shall:
93	1. Obtain a written acknowledgment from the client stating
94	that he or she has been provided with the information described
95	in this subsection, which must be maintained for 2 years by the
96	person providing the services. The client shall be provided with
97	a copy of this written acknowledgment.
98	2. State in any advertisement for such services that he or
99	she is not licensed by this state as a health care practitioner.
100	(c) A person who violates any provision of this subsection
101	is subject to the administrative and civil penalties specified
102	in s. 456.065(2)(a)-(c), including, but not limited to, court
103	costs, reasonable attorney's fees, and the reasonable costs of
104	investigation and prosecution.
105	Section 2. Subsection (4) of section 456.065, Florida
106	Statutes, is amended to read:
107	456.065 Unlicensed practice of a health care profession;
108	intent; cease and desist notice; penalties; enforcement;
109	citations; fees; allocation and disposition of moneys
110	collected.--
111	(4) The provisions of this section apply only to health
112	care professional practice acts administered by the department
113	and shall not be construed to prohibit the provision of
114	complementary or alternative health care services pursuant to s.
115	456.42 by persons who are not licensed by this state as health
116	care practitioners.
117	Section 3. This act shall take effect July 1, 2003.