1 | A bill to be entitled |
2 | An act relating to chiropractic medicine; amending s. |
3 | 460.4062, F.S.; authorizing the Department of Health to |
4 | issue a chiropractic medicine faculty certificate to |
5 | faculty who perform research; amending s. 460.4165, F.S.; |
6 | limiting the locations where certified chiropractic |
7 | physician's assistants may perform chiropractic services; |
8 | deleting restrictions on the minimum time permitted for |
9 | completing the curriculum of a training program for |
10 | certified chiropractic physician's assistants; amending s. |
11 | 460.4166, F.S.; requiring chiropractic assistants who |
12 | perform certain services to register with the Board of |
13 | Chiropractic Medicine after a specified date; requiring a |
14 | registered chiropractic assistant to notify the board of a |
15 | change of employment; requiring the supervision of |
16 | registered chiropractic assistants by chiropractic |
17 | physicians approved by the board; providing that the |
18 | board's approval of supervising chiropractic physicians |
19 | and registration applications shall apply retroactively; |
20 | providing for a fee; requiring the board to prescribe |
21 | forms; amending s. 460.4167, F.S.; revising restrictions |
22 | on the ownership of entities that employ chiropractic |
23 | physicians; authorizing additional persons to possess |
24 | ownership interests in entities that employ chiropractic |
25 | physicians; authorizing the surviving spouse of a deceased |
26 | chiropractic physician to keep an ownership interest in |
27 | the chiropractic practice for a specified period after the |
28 | chiropractic physician's death; providing penalties for |
29 | violations of provisions prohibiting ownership of a |
30 | chiropractic practice by persons other than licensed |
31 | chiropractic physicians; voiding contracts entered into or |
32 | renewed before a specified date that violate provisions |
33 | prohibiting ownership of a chiropractic practice by |
34 | persons other than licensed chiropractic physicians; |
35 | providing effective dates. |
36 |
|
37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
|
39 | Section 1. Paragraph (e) of subsection (1) of section |
40 | 460.4062, Florida Statutes, is amended to read: |
41 | 460.4062 Chiropractic medicine faculty certificate.-- |
42 | (1) The department may issue a chiropractic medicine |
43 | faculty certificate without examination to an individual who |
44 | remits a nonrefundable application fee, not to exceed $100 as |
45 | determined by rule of the board, and who demonstrates to the |
46 | board that he or she meets the following requirements: |
47 | (e)1. Has been offered and has accepted a full-time |
48 | faculty appointment to teach in a program of chiropractic |
49 | medicine or perform research at a publicly funded state |
50 | university or college or at a college of chiropractic located in |
51 | the state and accredited by the Council on Chiropractic |
52 | Education; and |
53 | 2. Provides a certification from the dean of the |
54 | appointing college acknowledging the appointment. |
55 | Section 2. Paragraph (b) of subsection (2) and subsection |
56 | (5) of section 460.4165, Florida Statutes, are amended to read: |
57 | 460.4165 Certified chiropractic physician's assistants.-- |
58 | (2) PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S |
59 | ASSISTANT.--Notwithstanding any other provision of law, a |
60 | certified chiropractic physician's assistant may perform |
61 | chiropractic services in the specialty area or areas for which |
62 | the certified chiropractic physician's assistant is trained or |
63 | experienced when such services are rendered under the |
64 | supervision of a licensed chiropractic physician or group of |
65 | chiropractic physicians certified by the board. Any certified |
66 | chiropractic physician's assistant certified under this section |
67 | to perform services may perform those services only: |
68 | (b) Under indirect supervision if the indirect supervision |
69 | occurs at the supervising chiropractic physician's address of |
70 | record or place of practice required by s. 456.035, other than |
71 | at a clinic licensed under part X of chapter 400, of the |
72 | chiropractic physician to whom she or he is assigned as defined |
73 | by rule of the board; |
74 | (5) PROGRAM APPROVAL.--The department shall issue |
75 | certificates of approval for programs for the education and |
76 | training of certified chiropractic physician's assistants which |
77 | meet board standards. Any basic program curriculum certified by |
78 | the board shall cover a period of 24 months. The curriculum must |
79 | consist of a curriculum of at least 200 didactic classroom hours |
80 | during those 24 months. |
81 | (a) In developing criteria for program approval, the board |
82 | shall give consideration to, and encourage, the utilization of |
83 | equivalency and proficiency testing and other mechanisms whereby |
84 | full credit is given to trainees for past education and |
85 | experience in health fields. |
86 | (b) The board shall create groups of specialty |
87 | classifications of training for certified chiropractic |
88 | physician's assistants. These classifications shall reflect the |
89 | training and experience of the certified chiropractic |
90 | physician's assistant. The certified chiropractic physician's |
91 | assistant may receive training in one or more such |
92 | classifications, which shall be shown on the certificate issued. |
93 | (c) The board shall adopt and publish standards to ensure |
94 | that such programs operate in a manner which does not endanger |
95 | the health and welfare of the patients who receive services |
96 | within the scope of the program. The board shall review the |
97 | quality of the curricula, faculties, and facilities of such |
98 | programs; issue certificates of approval; and take whatever |
99 | other action is necessary to determine that the purposes of this |
100 | section are being met. |
101 | Section 3. Subsection (3) of section 460.4166, Florida |
102 | Statutes, is amended, and subsections (4) and (5) are added to |
103 | that section, to read: |
104 | 460.4166 Registered chiropractic assistants.-- |
105 | (3) REGISTRATION.-- |
106 | (a) A registered chiropractic assistant assistants may |
107 | register with be registered by the board for a biennial fee not |
108 | to exceed $25. Effective April 1, 2010, a person must register |
109 | with the board as a chiropractic assistant if the person |
110 | performs therapeutic services or administers therapeutic agents |
111 | related to a chiropractic physician's treatment of a patient, |
112 | unless the person is otherwise certified or licensed to perform |
113 | those services or administer those agents. |
114 | (b) A person employed as a registered chiropractic |
115 | assistant, if required to register under this section, must |
116 | submit an initial application for registration to the board |
117 | within 30 days after employment. Upon the board's approval of |
118 | the application, the effective date of the registration shall |
119 | apply retroactively to the date of employment. |
120 | (c) A registered chiropractic assistant, within 30 days |
121 | after a change of employment, must notify the board of the new |
122 | place of employment and the name of the chiropractic physician |
123 | or group of chiropractic physicians under whose supervision the |
124 | registered chiropractic assistant performs the duties described |
125 | in subsection (2). |
126 | (d) A person who exclusively performs nontherapeutic |
127 | services is not required to register under this section. |
128 | (4) APPROVAL OF SUPERVISING CHIROPRACTIC PHYSICIANS.-- |
129 | (a) A chiropractic physician or group of chiropractic |
130 | physicians under whose supervision a registered chiropractic |
131 | assistant performs the duties described in subsection (2) must |
132 | be approved by the board. If a registered chiropractic assistant |
133 | performs those duties under the direct supervision of a |
134 | certified chiropractic physician's assistant, the chiropractic |
135 | physician or group of chiropractic physicians under whose |
136 | supervision the certified chiropractic physician's assistant |
137 | provides direct supervision for the registered chiropractic |
138 | assistant must be approved by the board. |
139 | (b) If a registered chiropractic assistant changes |
140 | employment, the supervising chiropractic physician or group of |
141 | chiropractic physicians at the new place of employment must be |
142 | approved by the board. |
143 | (c) Upon approval of a supervising chiropractic physician |
144 | or group of chiropractic physicians, the effective date of the |
145 | board's approval shall apply retroactively to the date of |
146 | employment. The board shall assess a fee for approval of a |
147 | supervising chiropractic physician or group of chiropractic |
148 | physicians not to exceed $75. |
149 | (5) APPLICATION FORMS.--The board shall prescribe by rule |
150 | application forms for the initial registration of a registered |
151 | chiropractic assistant, the board's approval of a supervising |
152 | chiropractic physician or group of chiropractic physicians, and |
153 | the registered chiropractic assistant's notice of a change of |
154 | employment. |
155 | Section 4. Subsections (1) and (5) of section 460.4167, |
156 | Florida Statutes, are amended to read: |
157 | 460.4167 Proprietorship by persons other than licensed |
158 | chiropractic physicians.-- |
159 | (1) No person other than a sole proprietorship, group |
160 | practice, partnership, or corporation that is wholly owned by |
161 | one or more chiropractic physicians licensed under this chapter |
162 | or by a chiropractic physician licensed under this chapter and |
163 | the spouse, parent, child, or sibling of that chiropractic |
164 | physician may employ a chiropractic physician licensed under |
165 | this chapter, or engage a chiropractic physician licensed under |
166 | this chapter as an independent contractor, to provide services |
167 | authorized by this chapter to be offered by a chiropractic |
168 | physician licensed under this chapter, unless the person is any |
169 | of the following except for: |
170 | (a) A sole proprietorship, group practice, partnership, |
171 | corporation, limited liability company, limited partnership, |
172 | professional association, or any other entity that is wholly |
173 | owned by: |
174 | 1. One or more chiropractic physicians licensed under this |
175 | chapter; |
176 | 2. A chiropractic physician licensed under this chapter |
177 | and the spouse or surviving spouse, parent, child, or sibling of |
178 | the chiropractic physician; or |
179 | 3. A trust whose trustees are chiropractic physicians |
180 | licensed under this chapter and the spouse, parent, child, or |
181 | sibling of a chiropractic physician. |
182 | (b)(a) A sole proprietorship, group practice, partnership, |
183 | or corporation, limited liability company, limited partnership, |
184 | professional association, or any other entity that is wholly |
185 | owned by a physician or physicians licensed under this chapter, |
186 | chapter 458, chapter 459, or chapter 461. |
187 | (c)(b) An entity Entities that is wholly are owned, |
188 | directly or indirectly, by an entity licensed or registered by |
189 | the state under chapter 395. |
190 | (d)(c) A clinical facility facilities affiliated with a |
191 | college of chiropractic accredited by the Council on |
192 | Chiropractic Education at which training is provided for |
193 | chiropractic students. |
194 | (e)(d) A public or private university or college. |
195 | (f)(e) An entity wholly owned and operated by an |
196 | organization that is exempt from federal taxation under s. |
197 | 501(c)(3) or (4) of the Internal Revenue Code, a any community |
198 | college or university clinic, and any entity owned or operated |
199 | by the Federal Government, or by state government, including any |
200 | agency, county, municipality, or other political subdivision |
201 | thereof. |
202 | (g)(f) An entity owned by a corporation the stock of which |
203 | is publicly traded. |
204 | (h)(g) A clinic licensed under part X of chapter 400 that |
205 | provides chiropractic services by a chiropractic physician |
206 | licensed under chapter 460 and other health care services by |
207 | physicians licensed under chapter 458 or, chapter 459, or |
208 | chapter 460, the medical director of which must be is licensed |
209 | under chapter 458 or chapter 459. |
210 | (i)(h) A state-licensed insurer. |
211 | (j) A health maintenance organization or prepaid health |
212 | clinic regulated under chapter 641. |
213 |
|
214 | If a chiropractic physician described in subparagraph (a)2. |
215 | dies, notwithstanding part X of chapter 400, the deceased |
216 | chiropractic physician's surviving spouse may hold, operate, |
217 | pledge, sell, mortgage, assign, transfer, own, or control the |
218 | deceased chiropractic physician's ownership interests for 1 year |
219 | after the chiropractic physician's death. The chiropractic |
220 | practice must subsequently comply with this section and part X |
221 | of chapter 400. |
222 | (5) Any person who violates this section commits a felony |
223 | of the third degree, punishable as provided in s. 775.082 |
224 | 775.081, s. 775.083, or s. 775.084 s. 775.035. |
225 | Section 5. Effective July 1, 2010, subsection (6) of |
226 | section 460.4167, Florida Statutes, is amended to read: |
227 | 460.4167 Proprietorship by persons other than licensed |
228 | chiropractic physicians.-- |
229 | (6) Any contract or arrangement entered into or undertaken |
230 | in violation of this section is shall be void as contrary to |
231 | public policy. This section applies to contracts entered into or |
232 | renewed on or after July 1, 2008. |
233 | Section 6. Except as otherwise expressly provided in this |
234 | act, this act shall take effect July 1, 2009. |