HB 1485

1	A bill to be entitled
2	An act relating to chiropractic medicine; amending s.
3	460.406, F.S.; providing requirements for students
4	relating to licensure as a chiropractic physician by
5	examination; amending s. 460.4062, F.S.; revising
6	provisions relating to chiropractic medicine faculty
7	certificates; amending s. 460.4165, F.S.; revising
8	conditions under which a certified chiropractic
9	physician's assistant may perform services; revising
10	provisions relating to certified chiropractic physician's
11	assistant licensure application; restricting the place of
12	practice of certified chiropractic physician's assistants
13	performing services under indirect supervision; creating
14	s. 460.4167, F.S.; providing requirements for
15	proprietorships owned by persons other than licensed
16	chiropractic physicians; providing prohibitions; providing
17	penalties; providing a purpose; providing an effective
18	date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsection (5) is added to section 460.406,
23	Florida Statutes, to read:
24	460.406  Licensure by examination.--
25	(5)  A student in a school or college of chiropractic
26	accredited by the Council on Chiropractic Education or its
27	successor in the final year of the program may file an
28	application pursuant to subsection (1), take all examinations
29	required for licensure, submit a set of fingerprints, and pay
30	all fees required for licensure. A chiropractic student who
31	successfully completes the licensure examinations and who
32	otherwise meets all requirements for licensure as a chiropractic
33	physician during the student's final year must have graduated
34	before being certified for licensure pursuant to this section.
35	Section 2.  Paragraph (e) of subsection (1) and subsection
36	(2) of section 460.4062, Florida Statutes, are amended to read:
37	460.4062  Chiropractic medicine faculty certificate.--
38	(1)  The department may issue a chiropractic medicine
39	faculty certificate without examination to an individual who
40	remits a nonrefundable application fee, not to exceed $100 as
41	determined by rule of the board, and who demonstrates to the
42	board that he or she meets the following requirements:
43	(e)1.  Has been offered and has accepted a full-time
44	faculty appointment to teach in a program of chiropractic
45	medicine at a publicly funded state university or college or at
46	a college of chiropractic located in the state and accredited by
47	the Council on Chiropractic Education; and
48	2.  Provides a certification from the dean of the
49	appointing college acknowledging the appointment.
50	(2)  The certificate shall authorize the holder to practice
51	only in conjunction with his or her faculty position at a
52	publicly funded state university or college and its affiliated
53	clinics that are registered with the board as sites at which
54	holders of chiropractic medicine faculty certificates will be
55	practicing. Except as provided in subsection (4), such
56	certificate shall automatically expire upon termination of the
57	holder's relationship with the university or college school or
58	after a period of 2 years, whichever occurs first.
59	Section 3.  Paragraph (b) of subsection (2) and subsection
60	(6) of section 460.4165, Florida Statutes, are amended, and
61	subsection (14) is added to that section, to read:
62	460.4165  Certified chiropractic physician's assistants.--
63	(2)  PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S
64	ASSISTANT.--Notwithstanding any other provision of law, a
65	certified chiropractic physician's assistant may perform
66	chiropractic services in the specialty area or areas for which
67	the certified chiropractic physician's assistant is trained or
68	experienced when such services are rendered under the
69	supervision of a licensed chiropractic physician or group of
70	chiropractic physicians certified by the board. Any certified
71	chiropractic physician's assistant certified under this section
72	to perform services may perform those services only:
73	(b)  Under indirect supervision if the indirect supervision
74	occurs at the principal place of practice of the chiropractic
75	physician to whom she or he is assigned as defined by rule of
76	the board;
77	(6)  APPLICATION APPROVAL.--Any person desiring to be
78	licensed as a certified chiropractic physician's assistant must
79	apply to the department. The application shall include a work
80	arrangement proposal and, as part of the application process,
81	the board shall interview the proposed supervising chiropractic
82	physician and the applicant about the work arrangement proposal.
83	The department shall issue a certificate to any person certified
84	by the board as having met the following requirements:
85	(a)  Is at least 18 years of age.
86	(b)  Is a graduate of an approved program or its equivalent
87	and is fully certified by reason of experience and education, as
88	defined by board rule, to perform chiropractic services under
89	the responsible supervision of a licensed chiropractic physician
90	and when the board is satisfied that the public will be
91	adequately protected by the arrangement proposed in the
92	application.
93	(c)  Has completed the application form and remitted an
94	application fee set by the board pursuant to this section. An
95	application for certification made by a chiropractic physician's
96	assistant must include:
97	1.  A certificate of completion of a physician's assistant
98	training program specified in subsection (5).
99	2.  A sworn statement of any prior felony conviction in any
100	jurisdiction.
101	3.  A sworn statement of any previous revocation or denial
102	of licensure or certification in any state or jurisdiction.
103	(14)  SUPERVISION OF CERTIFIED CHIROPRACTIC PHYSICIAN'S
104	ASSISTANTS AT LICENSED CLINICS.--A certified chiropractic
105	physician's assistant certified under this section to perform
106	services at a clinic licensed under part X of chapter 400 may
107	perform those services only under direct supervision of the
108	chiropractic physician to whom she or he is assigned.
109	Section 4.  Section 460.4167, Florida Statutes, is created
110	to read:
111	460.4167  Proprietorship by persons other than licensed
112	chiropractic physicians.--
113	(1)  Effective July 1, 2008, no person other than a sole
114	proprietorship, group practice, partnership, or corporation that
115	is wholly owned by one or more chiropractic physicians licensed
116	under this chapter or by a chiropractic physician licensed under
117	this chapter and the spouse, parent, child, or sibling of that
118	chiropractic physician may employ a chiropractic physician
119	licensed under this chapter or engage a chiropractic physician
120	licensed under this chapter as an independent contractor to
121	provide services authorized by this chapter to be offered by a
122	chiropractic physician licensed under this chapter, except for:
123	(a)  A sole proprietorship, group practice, partnership, or
124	corporation that is wholly owned by a physician or physicians
125	licensed under this chapter, chapter 458, chapter 459, or
126	chapter 461.
127	(b)  Entities that are owned, directly or indirectly, by an
128	entity licensed or registered by the state under chapter 395.
129	(c)  Clinical facilities affiliated with a college of
130	chiropractic accredited by the Council on Chiropractic Education
131	at which training is provided for chiropractic students.
132	(d)  A public or private university or college.
133	(e)  An entity that is exempt from federal taxation under
134	s. 501(c)(3) or (4) of the Internal Revenue Code, any community
135	college or university clinic, and any entity owned or operated
136	by the Federal Government or by state government, including any
137	agency, county, municipality, or other political subdivision
138	thereof.
139	(f)  An entity owned by a corporation the stock of which is
140	publicly traded.
141	(g)  A clinic licensed under part X of chapter 400 that
142	provides health care services by physicians licensed under
143	chapter 458, chapter 459, or chapter 460, the medical director
144	of which is licensed under chapter 458 or chapter 459.
145	(h)  A state-licensed insurer.
146	(2)  No person other than a chiropractic physician licensed
147	under this chapter shall direct, control, or interfere with a
148	chiropractic physician's clinical judgment. For purposes of this
149	subsection, a chiropractic physician's clinical judgment does
150	not apply to chiropractic services contractually excluded, the
151	application of alternative services that may be appropriate
152	given the chiropractic physician's prescribed course of
153	treatment, or determinations comparing contractual provisions
154	and scope of coverage with a chiropractic physician's prescribed
155	treatment on behalf of a covered person by an insurer, health
156	maintenance organization, or prepaid limited health service
157	organization.
158	(3)  Any lease agreement, rental agreement, or other
159	arrangement between a person other than a licensed chiropractic
160	physician and a chiropractic physician whereby the person other
161	than a licensed chiropractic physician provides the chiropractic
162	physician with chiropractic equipment or chiropractic materials
163	shall contain a provision whereby the chiropractic physician
164	expressly maintains complete care, custody, and control of the
165	equipment or practice.
166	(4)  The purpose of this section is to prevent a person
167	other than a licensed chiropractic physician from influencing or
168	otherwise interfering with the exercise of a chiropractic
169	physician's independent professional judgment. In addition to
170	the acts specified in subsection (1), a person other than a
171	licensed chiropractic physician and any entity other than a sole
172	proprietorship, group practice, partnership, or corporation that
173	is wholly owned by one or more chiropractic physicians licensed
174	under this chapter or by a chiropractic physician licensed under
175	this chapter and the spouse, parent, child, or sibling of that
176	physician, may not employ a chiropractic physician licensed
177	under this chapter or enter into a contract or arrangement with
178	a chiropractic physician pursuant to which such unlicensed
179	person or such entity exercises control over the following:
180	(a)  The selection of a course of treatment for a patient,
181	the procedures or materials to be used as part of such course of
182	treatment, and the manner in which such course of treatment is
183	carried out by the licensee;
184	(b)  The patient records of a chiropractor;
185	(c)  Policies and decisions relating to pricing, credit,
186	refunds, warranties, and advertising; or
187	(d)  Decisions relating to office personnel and hours of
188	practice.
189	(5)  Any person who violates this section commits a felony
190	of the third degree, punishable as provided in s. 775.081, s.
191	775.083, or s. 775.035.
192	(6)  Any contract or arrangement entered into or undertaken
193	in violation of this section shall be void as contrary to public
194	policy. This section applies to contracts entered into or
195	renewed on or after October 1, 2010.
196	Section 5.  This act shall take effect July 1, 2007.

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