Senate Bill sb0586

    Florida Senate - 2005                                   SB 586

    By Senator Jones





    13-588-05

  1                      A bill to be entitled

  2         An act relating to the practice of acupuncture;

  3         amending s. 457.102, F.S.; redefining terms;

  4         redesignating the Board of Acupuncture as the

  5         Board of Acupuncture and Oriental Medicine;

  6         amending s. 457.107, F.S.; authorizing the

  7         Board of Acupuncture and Oriental Medicine to

  8         require continuing education providers to

  9         obtain board approval of programs and

10         instructors; authorizing the board to adopt

11         rules for approving continuing education

12         providers; providing an effective date.

13  

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

15  

16         Section 1.  Section 457.102, Florida Statutes, is

17  amended to read:

18         457.102  Definitions.--As used in this chapter:

19         (1)  "Acupuncture and oriental medicine" means a form

20  of primary health care, based on traditional Chinese medical

21  concepts and modern oriental medical techniques, which that

22  employs acupuncture and oriental-medicine diagnosis and

23  treatment, as well as adjunctive therapies and diagnostic

24  techniques, for the promotion, maintenance, and restoration of

25  health and the prevention of disease. Acupuncture and oriental

26  medicine includes shall include, but is not be limited to, the

27  insertion of acupuncture needles and the application of

28  moxibustion to specific areas of the human body and the use of

29  electroacupuncture, Qi Gong, oriental massage, herbal therapy,

30  dietary guidelines, and other adjunctive therapies, as defined

31  by board rule.

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






    Florida Senate - 2005                                   SB 586
    13-588-05




 1         (2)  "Acupuncture physician" "Acupuncturist" means any

 2  person licensed as provided in this chapter to practice

 3  acupuncture and oriental medicine as a primary health care

 4  provider.

 5         (3)  "Board" means the Board of Acupuncture and

 6  Oriental Medicine.

 7         (4)  "License" means the document of authorization

 8  issued by the department for a person to engage in the

 9  practice of acupuncture and oriental medicine.

10         (5)  "Department" means the Department of Health.

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

12  electroacupuncture, Qi Gong, oriental massage, herbal therapy,

13  dietary guidelines, and other adjunctive therapies.

14         (6)(7)  "Prescriptive rights" means the prescription,

15  administration, and use of needles and devices, restricted

16  devices, and prescription devices that are used in the

17  practice of acupuncture and oriental medicine.

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

19  Statutes, is amended to read:

20         457.107  Renewal of licenses; continuing education.--

21         (3)  The board shall by rule prescribe continuing

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

23  a condition for renewal of a license. All education programs

24  that contribute to the advancement, extension, or enhancement

25  of professional skills and knowledge related to the practice

26  of acupuncture, whether conducted by a nonprofit or

27  profitmaking entity, are eligible for approval. The continuing

28  professional education requirements must be in acupuncture or

29  oriental medicine subjects, including, but not limited to,

30  anatomy, biological sciences, adjunctive therapies, sanitation

31  and sterilization, emergency protocols, and diseases. The

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    Florida Senate - 2005                                   SB 586
    13-588-05




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

 2  $100, for each continuing education provider. The licensee

 3  shall retain in his or her records the certificates of

 4  completion of continuing professional education requirements

 5  to prove compliance with this subsection. The board may

 6  request such documentation without cause from applicants who

 7  are selected at random. Notwithstanding any provision of this

 8  chapter or chapter 456 to the contrary, the board may require

 9  a provider of continuing education to obtain the board's

10  approval of programs and instructors before offering

11  continuing education programs for purposes of licensure

12  renewal. The provider shall pay a fee for program approval and

13  renewal, as authorized in s. 456.025 and determined by board

14  rule. The board may adopt rules to administer this subsection,

15  including rules for determining the criteria for approving

16  provider qualifications and programs in accordance with this

17  subsection. All national and state acupuncture and oriental

18  medicine organizations and acupuncture and oriental medicine

19  schools are approved to provide continuing professional

20  education in accordance with this subsection.

21         Section 3.  This act shall take effect July 1, 2005.

22  

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24                          SENATE SUMMARY

25    Authorizes the Board of Acupuncture and Oriental Medicine
      to require continuing education providers to obtain board
26    approval of programs and instructors. Authorizes the
      board to adopt rules.
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CODING: Words stricken are deletions; words underlined are additions.