HB 941

1
A bill to be entitled
2An act relating to chiropractic medicine; amending s.
3460.4062, F.S.; revising the requirements for a
4chiropractic medicine faculty certificate; amending s.
5460.4165, F.S.; providing that services rendered by a
6certified chiropractic physician's assistant under
7indirect supervision may occur only at the supervising
8chiropractic physician's address of record; deleting the
9length of time specified for the basic program of
10education and training for certified chiropractic
11physician's assistants; amending s. 460.4166, F.S.;
12requiring a person to register as a chiropractic assistant
13if he or she renders therapeutic services or administers
14therapeutic agents related to a chiropractic physician's
15treatment of a patient; providing registration
16requirements for such persons; requiring a registered
17chiropractic assistant to notify the Board of Chiropractic
18Medicine of his or her change of employment; providing
19that a person who exclusively performs nontherapeutic
20services is not required to register as a chiropractic
21assistant; requiring the approval of certain supervising
22chiropractic physicians by the board; providing an
23effective date for the board's approval; requiring a fee
24for approval of a supervising chiropractic physician or
25group of chiropractic physicians; requiring the board to
26adopt by rule an application form for the initial
27registration of a registered chiropractic assistant, a
28form for the approval of supervising chiropractic
29physicians, and the notice of a change of employment for
30registered chiropractic assistants; amending s. 460.4167,
31F.S.; authorizing certain limited liability companies,
32limited partnerships, professional associations, other
33entities, health care clinics licensed under part X of ch.
34400, F.S., health maintenance organizations, or prepaid
35health clinics to employ a chiropractic physician or
36engage a chiropractic physician as an independent
37contractor to provide services authorized by ch. 460,
38F.S.; authorizing the spouse of a deceased chiropractic
39physician to hold, operate, pledge, sell, mortgage,
40assign, transfer, own, or control the deceased
41chiropractic physician's ownership interests for a
42specified period of time after the chiropractic
43physician's death; amending s. 460.4167, F.S., relating to
44proprietorships; deleting an obsolete provision; providing
45effective dates.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Paragraph (e) of subsection (1) of section
50460.4062, Florida Statutes, is amended to read:
51     460.4062  Chiropractic medicine faculty certificate.-
52     (1)  The department may issue a chiropractic medicine
53faculty certificate without examination to an individual who
54remits a nonrefundable application fee, not to exceed $100 as
55determined by rule of the board, and who demonstrates to the
56board that he or she meets the following requirements:
57     (e)1.  Performs research, or has been offered and has
58accepted a full-time or part-time faculty appointment to teach,
59in a program of chiropractic medicine at a publicly funded state
60university or college or at a college of chiropractic located in
61the state and accredited by the Council on Chiropractic
62Education; and
63     2.  Provides a certification from the dean of the
64appointing college acknowledging the appointment.
65     Section 2.  Subsections (2) and (5) of section 460.4165,
66Florida Statutes, are amended to read:
67     460.4165  Certified chiropractic physician's assistants.-
68     (2)  PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S
69ASSISTANT.-Notwithstanding any other provision of law, a
70certified chiropractic physician's assistant may perform
71chiropractic services in the specialty area or areas for which
72the certified chiropractic physician's assistant is trained or
73experienced when such services are rendered under the
74supervision of a licensed chiropractic physician or group of
75chiropractic physicians certified by the board. Any certified
76chiropractic physician's assistant certified under this section
77to perform services may perform those services only:
78     (a)  In the office of the chiropractic physician to whom
79the certified chiropractic physician's assistant has been
80assigned, in which office such physician maintains her or his
81primary practice;
82     (b)  Under indirect supervision if the indirect supervision
83occurs at the supervising chiropractic physician's address of
84record or place of practice required by s. 456.035, other than
85at a clinic licensed under part X of chapter 400, of the
86chiropractic physician to whom she or he is assigned as defined
87by rule of the board;
88     (c)  In a hospital in which the chiropractic physician to
89whom she or he is assigned is a member of the staff; or
90     (d)  On calls outside of the office of the chiropractic
91physician to whom she or he is assigned, on the direct order of
92the chiropractic physician to whom she or he is assigned.
93     (5)  PROGRAM APPROVAL.-The department shall issue
94certificates of approval for programs for the education and
95training of certified chiropractic physician's assistants which
96meet board standards. Any basic program curriculum certified by
97the board shall cover a period of 24 months. The curriculum must
98consist of a curriculum of at least 200 didactic classroom hours
99during those 24 months.
100     (a)  In developing criteria for program approval, the board
101shall give consideration to, and encourage, the utilization of
102equivalency and proficiency testing and other mechanisms whereby
103full credit is given to trainees for past education and
104experience in health fields.
105     (b)  The board shall create groups of specialty
106classifications of training for certified chiropractic
107physician's assistants. These classifications shall reflect the
108training and experience of the certified chiropractic
109physician's assistant. The certified chiropractic physician's
110assistant may receive training in one or more such
111classifications, which shall be shown on the certificate issued.
112     (c)  The board shall adopt and publish standards to ensure
113that such programs operate in a manner which does not endanger
114the health and welfare of the patients who receive services
115within the scope of the program. The board shall review the
116quality of the curricula, faculties, and facilities of such
117programs; issue certificates of approval; and take whatever
118other action is necessary to determine that the purposes of this
119section are being met.
120     Section 3.  Subsection (3) of section 460.4166, Florida
121Statutes, is amended, and subsections (4) and (5) are added to
122that section, to read:
123     460.4166  Registered chiropractic assistants.-
124     (3)  REGISTRATION.-
125     (a)  A registered chiropractic assistant assistants may
126register with be registered by the board for a biennial fee not
127to exceed $25. Effective April 1, 2012, a person must register
128with the board as a chiropractic assistant if the person
129performs therapeutic services or administers therapeutic agents
130related to a chiropractic physician's treatment of a patient,
131unless the person is otherwise certified or licensed to perform
132those services or administer those agents.
133     (b)  A person employed as a registered chiropractic
134assistant, if required to register under this section, must
135submit an initial application for registration to the board
136within 30 days after employment. Upon the board's approval of
137the application, the effective date of the registration shall
138apply retroactively to the date of employment.
139     (c)  A registered chiropractic assistant, within 30 days
140after a change of employment, must notify the board of the new
141place of employment and the name of the chiropractic physician
142or group of chiropractic physicians under whose supervision the
143registered chiropractic assistant performs the duties described
144in subsection (2).
145     (d)  A person who exclusively performs nontherapeutic
146services is not required to register under this section.
147     (4)  APPROVAL OF SUPERVISING CHIROPRACTIC PHYSICIANS.-
148     (a)  A chiropractic physician or group of chiropractic
149physicians under whose supervision a registered chiropractic
150assistant performs the duties described in subsection (2) must
151be approved by the board. If a registered chiropractic assistant
152performs those duties under the direct supervision of a
153certified chiropractic physician's assistant, the chiropractic
154physician or group of chiropractic physicians under whose
155supervision the certified chiropractic physician's assistant
156provides direct supervision for the registered chiropractic
157assistant must be approved by the board.
158     (b)  If a registered chiropractic assistant changes
159employment, the supervising chiropractic physician or group of
160chiropractic physicians at the new place of employment must be
161approved by the board.
162     (c)  Upon approval of a supervising chiropractic physician
163or group of chiropractic physicians, the effective date of the
164board's approval applies retroactively to the date of
165employment. The board shall assess a fee for approval of a
166supervising chiropractic physician or group of chiropractic
167physicians which may not exceed $75.
168     (5)  APPLICATION FORMS.-The board shall prescribe by rule
169application forms for the initial registration of a registered
170chiropractic assistant, the board's approval of a supervising
171chiropractic physician or group of chiropractic physicians, and
172the registered chiropractic assistant's notice of a change of
173employment.
174     Section 4.  Subsections (1) and (5) of section 460.4167,
175Florida Statutes, are amended to read:
176     460.4167  Proprietorship by persons other than licensed
177chiropractic physicians.-
178     (1)  A No person other than a sole proprietorship, group
179practice, partnership, or corporation that is wholly owned by
180one or more chiropractic physicians licensed under this chapter
181or by a chiropractic physician licensed under this chapter and
182the spouse, parent, child, or sibling of that chiropractic
183physician may not employ a chiropractic physician licensed under
184this chapter or engage a chiropractic physician licensed under
185this chapter as an independent contractor to provide services
186authorized by this chapter to be offered by a chiropractic
187physician licensed under this chapter, unless a person is any of
188the following except for:
189     (a)  A sole proprietorship, group practice, partnership,
190corporation, limited liability company, limited partnership,
191professional association, or any other entity that is wholly
192owned by:
193     1.  One or more chiropractic physicians licensed under this
194chapter;
195     2.  A chiropractic physician licensed under this chapter
196and the spouse or surviving spouse, parent, child, or sibling of
197the chiropractic physician; or
198     3.  A trust whose trustees are chiropractic physicians
199licensed under this chapter and the spouse, parent, child, or
200sibling of a chiropractic physician.
201     (b)(a)  A sole proprietorship, group practice, partnership,
202or corporation, limited liability company, limited partnership,
203professional association, or any other entity that is wholly
204owned by a physician or physicians licensed under this chapter,
205chapter 458, chapter 459, or chapter 461.
206     (c)(b)  An entity Entities that is wholly are owned,
207directly or indirectly, by an entity licensed or registered by
208the state under chapter 395.
209     (d)(c)  A clinical facility that is facilities affiliated
210with a college of chiropractic accredited by the Council on
211Chiropractic Education at which training is provided for
212chiropractic students.
213     (e)(d)  A public or private university or college.
214     (f)(e)  An entity wholly owned and operated by an
215organization that is exempt from federal taxation under s.
216501(c)(3) or (4) of the Internal Revenue Code, a any community
217college or university clinic, and any entity owned or operated
218by the Federal Government or by state government, including any
219agency, county, municipality, or other political subdivision
220thereof.
221     (g)(f)  An entity owned by a corporation the stock of which
222is publicly traded.
223     (h)(g)  A clinic licensed under part X of chapter 400 which
224that provides chiropractic services by a chiropractic physician
225licensed under this chapter and other health care services by
226physicians licensed under chapter 458 or, chapter 459, or
227chapter 460, the medical director of which is licensed under
228chapter 458 or chapter 459.
229     (i)(h)  A state-licensed insurer.
230     (j)  A health maintenance organization or prepaid health
231clinic regulated under chapter 641.
232
233If a chiropractic physician described in subparagraph (a)2.
234dies, notwithstanding part X of chapter 400, the deceased
235chiropractic physician's surviving spouse may hold, operate,
236pledge, sell, mortgage, assign, transfer, own, or control the
237deceased chiropractic physician's ownership interests for 1 year
238after the chiropractic physician's death. The chiropractic
239practice must subsequently comply with this section and part X
240of chapter 400.
241     (5)  Any person who violates this section commits a felony
242of the third degree, punishable as provided in s. 775.082 s.
243775.081, s. 775.083, or s. 775.084 s. 775.035.
244     Section 5.  Effective July 1, 2011, subsection (6) of
245section 460.4167, Florida Statutes, is amended to read:
246     460.4167  Proprietorship by persons other than licensed
247chiropractic physicians.-
248     (6)  Any contract or arrangement entered into or undertaken
249in violation of this section is shall be void as contrary to
250public policy. This section applies to contracts entered into or
251renewed on or after July 1, 2008.
252     Section 6.  Except as otherwise expressly provided in this
253act, this act shall take effect July 1, 2010.


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