HB 1105

1
A bill to be entitled
2An act relating to chiropractic medicine; amending s.
3460.4062, F.S.; authorizing the Department of Health to
4issue a chiropractic medicine faculty certificate to
5faculty who perform research; amending s. 460.4165, F.S.;
6limiting the locations where certified chiropractic
7physician's assistants may perform chiropractic services;
8deleting restrictions on the minimum time permitted for
9completing the curriculum of a training program for
10certified chiropractic physician's assistants; amending s.
11460.4166, F.S.; requiring chiropractic assistants who
12perform certain services to register with the Board of
13Chiropractic Medicine after a specified date; requiring a
14registered chiropractic assistant to notify the board of a
15change of employment; requiring the supervision of
16registered chiropractic assistants by chiropractic
17physicians approved by the board; providing that the
18board's approval of supervising chiropractic physicians
19and registration applications shall apply retroactively;
20providing for a fee; requiring the board to prescribe
21forms; amending s. 460.4167, F.S.; revising restrictions
22on the ownership of entities that employ chiropractic
23physicians; authorizing additional persons to possess
24ownership interests in entities that employ chiropractic
25physicians; authorizing the surviving spouse of a deceased
26chiropractic physician to keep an ownership interest in
27the chiropractic practice for a specified period after the
28chiropractic physician's death; providing penalties for
29violations of provisions prohibiting ownership of a
30chiropractic practice by persons other than licensed
31chiropractic physicians; voiding contracts entered into or
32renewed before a specified date that violate provisions
33prohibiting ownership of a chiropractic practice by
34persons other than licensed chiropractic physicians;
35providing effective dates.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Paragraph (e) of subsection (1) of section
40460.4062, Florida Statutes, is amended to read:
41     460.4062  Chiropractic medicine faculty certificate.--
42     (1)  The department may issue a chiropractic medicine
43faculty certificate without examination to an individual who
44remits a nonrefundable application fee, not to exceed $100 as
45determined by rule of the board, and who demonstrates to the
46board that he or she meets the following requirements:
47     (e)1.  Has been offered and has accepted a full-time
48faculty appointment to teach in a program of chiropractic
49medicine or perform research at a publicly funded state
50university or college or at a college of chiropractic located in
51the state and accredited by the Council on Chiropractic
52Education; and
53     2.  Provides a certification from the dean of the
54appointing 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
59ASSISTANT.--Notwithstanding any other provision of law, a
60certified chiropractic physician's assistant may perform
61chiropractic services in the specialty area or areas for which
62the certified chiropractic physician's assistant is trained or
63experienced when such services are rendered under the
64supervision of a licensed chiropractic physician or group of
65chiropractic physicians certified by the board. Any certified
66chiropractic physician's assistant certified under this section
67to perform services may perform those services only:
68     (b)  Under indirect supervision if the indirect supervision
69occurs at the supervising chiropractic physician's address of
70record or place of practice required by s. 456.035, other than
71at a clinic licensed under part X of chapter 400, of the
72chiropractic physician to whom she or he is assigned as defined
73by rule of the board;
74     (5)  PROGRAM APPROVAL.--The department shall issue
75certificates of approval for programs for the education and
76training of certified chiropractic physician's assistants which
77meet board standards. Any basic program curriculum certified by
78the board shall cover a period of 24 months. The curriculum must
79consist of a curriculum of at least 200 didactic classroom hours
80during those 24 months.
81     (a)  In developing criteria for program approval, the board
82shall give consideration to, and encourage, the utilization of
83equivalency and proficiency testing and other mechanisms whereby
84full credit is given to trainees for past education and
85experience in health fields.
86     (b)  The board shall create groups of specialty
87classifications of training for certified chiropractic
88physician's assistants. These classifications shall reflect the
89training and experience of the certified chiropractic
90physician's assistant. The certified chiropractic physician's
91assistant may receive training in one or more such
92classifications, which shall be shown on the certificate issued.
93     (c)  The board shall adopt and publish standards to ensure
94that such programs operate in a manner which does not endanger
95the health and welfare of the patients who receive services
96within the scope of the program. The board shall review the
97quality of the curricula, faculties, and facilities of such
98programs; issue certificates of approval; and take whatever
99other action is necessary to determine that the purposes of this
100section are being met.
101     Section 3.  Subsection (3) of section 460.4166, Florida
102Statutes, is amended, and subsections (4) and (5) are added to
103that section, to read:
104     460.4166  Registered chiropractic assistants.--
105     (3)  REGISTRATION.--
106     (a)  A registered chiropractic assistant assistants may
107register with be registered by the board for a biennial fee not
108to exceed $25. Effective April 1, 2010, a person must register
109with the board as a chiropractic assistant if the person
110performs therapeutic services or administers therapeutic agents
111related to a chiropractic physician's treatment of a patient,
112unless the person is otherwise certified or licensed to perform
113those services or administer those agents.
114     (b)  A person employed as a registered chiropractic
115assistant, if required to register under this section, must
116submit an initial application for registration to the board
117within 30 days after employment. Upon the board's approval of
118the application, the effective date of the registration shall
119apply retroactively to the date of employment.
120     (c)  A registered chiropractic assistant, within 30 days
121after a change of employment, must notify the board of the new
122place of employment and the name of the chiropractic physician
123or group of chiropractic physicians under whose supervision the
124registered chiropractic assistant performs the duties described
125in subsection (2).
126     (d)  A person who exclusively performs nontherapeutic
127services is not required to register under this section.
128     (4)  APPROVAL OF SUPERVISING CHIROPRACTIC PHYSICIANS.--
129     (a)  A chiropractic physician or group of chiropractic
130physicians under whose supervision a registered chiropractic
131assistant performs the duties described in subsection (2) must
132be approved by the board. If a registered chiropractic assistant
133performs those duties under the direct supervision of a
134certified chiropractic physician's assistant, the chiropractic
135physician or group of chiropractic physicians under whose
136supervision the certified chiropractic physician's assistant
137provides direct supervision for the registered chiropractic
138assistant must be approved by the board.
139     (b)  If a registered chiropractic assistant changes
140employment, the supervising chiropractic physician or group of
141chiropractic physicians at the new place of employment must be
142approved by the board.
143     (c)  Upon approval of a supervising chiropractic physician
144or group of chiropractic physicians, the effective date of the
145board's approval shall apply retroactively to the date of
146employment. The board shall assess a fee for approval of a
147supervising chiropractic physician or group of chiropractic
148physicians not to exceed $75.
149     (5)  APPLICATION FORMS.--The board shall prescribe by rule
150application forms for the initial registration of a registered
151chiropractic assistant, the board's approval of a supervising
152chiropractic physician or group of chiropractic physicians, and
153the registered chiropractic assistant's notice of a change of
154employment.
155     Section 4.  Subsections (1) and (5) of section 460.4167,
156Florida Statutes, are amended to read:
157     460.4167  Proprietorship by persons other than licensed
158chiropractic physicians.--
159     (1)  No person other than a sole proprietorship, group
160practice, partnership, or corporation that is wholly owned by
161one or more chiropractic physicians licensed under this chapter
162or by a chiropractic physician licensed under this chapter and
163the spouse, parent, child, or sibling of that chiropractic
164physician may employ a chiropractic physician licensed under
165this chapter, or engage a chiropractic physician licensed under
166this chapter as an independent contractor, to provide services
167authorized by this chapter to be offered by a chiropractic
168physician licensed under this chapter, unless the person is any
169of the following except for:
170     (a)  A sole proprietorship, group practice, partnership,
171corporation, limited liability company, limited partnership,
172professional association, or any other entity that is wholly
173owned by:
174     1.  One or more chiropractic physicians licensed under this
175chapter;
176     2.  A chiropractic physician licensed under this chapter
177and the spouse or surviving spouse, parent, child, or sibling of
178the chiropractic physician; or
179     3.  A trust whose trustees are chiropractic physicians
180licensed under this chapter and the spouse, parent, child, or
181sibling of a chiropractic physician.
182     (b)(a)  A sole proprietorship, group practice, partnership,
183or corporation, limited liability company, limited partnership,
184professional association, or any other entity that is wholly
185owned by a physician or physicians licensed under this chapter,
186chapter 458, chapter 459, or chapter 461.
187     (c)(b)  An entity Entities that is wholly are owned,
188directly or indirectly, by an entity licensed or registered by
189the state under chapter 395.
190     (d)(c)  A clinical facility facilities affiliated with a
191college of chiropractic accredited by the Council on
192Chiropractic Education at which training is provided for
193chiropractic students.
194     (e)(d)  A public or private university or college.
195     (f)(e)  An entity wholly owned and operated by an
196organization that is exempt from federal taxation under s.
197501(c)(3) or (4) of the Internal Revenue Code, a any community
198college or university clinic, and any entity owned or operated
199by the Federal Government, or by state government, including any
200agency, county, municipality, or other political subdivision
201thereof.
202     (g)(f)  An entity owned by a corporation the stock of which
203is publicly traded.
204     (h)(g)  A clinic licensed under part X of chapter 400 that
205provides chiropractic services by a chiropractic physician
206licensed under chapter 460 and other health care services by
207physicians licensed under chapter 458 or, chapter 459, or
208chapter 460, the medical director of which must be is licensed
209under chapter 458 or chapter 459.
210     (i)(h)  A state-licensed insurer.
211     (j)  A health maintenance organization or prepaid health
212clinic regulated under chapter 641.
213
214If a chiropractic physician described in subparagraph (a)2.
215dies, notwithstanding part X of chapter 400, the deceased
216chiropractic physician's surviving spouse may hold, operate,
217pledge, sell, mortgage, assign, transfer, own, or control the
218deceased chiropractic physician's ownership interests for 1 year
219after the chiropractic physician's death. The chiropractic
220practice must subsequently comply with this section and part X
221of chapter 400.
222     (5)  Any person who violates this section commits a felony
223of the third degree, punishable as provided in s. 775.082
224775.081, s. 775.083, or s. 775.084 s. 775.035.
225     Section 5.  Effective July 1, 2010, subsection (6) of
226section 460.4167, Florida Statutes, is amended to read:
227     460.4167  Proprietorship by persons other than licensed
228chiropractic physicians.--
229     (6)  Any contract or arrangement entered into or undertaken
230in violation of this section is shall be void as contrary to
231public policy. This section applies to contracts entered into or
232renewed on or after July 1, 2008.
233     Section 6.  Except as otherwise expressly provided in this
234act, this act shall take effect July 1, 2009.


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