Florida Senate - 2012                              CS for SB 470
       
       
       
       By the Committee on Health Regulation; and Senator Jones
       
       
       
       
       588-01572-12                                           2012470c1
    1                        A bill to be entitled                      
    2         An act relating to chiropractic medicine; amending s.
    3         460.4062, F.S.; revising the requirements for
    4         obtaining a chiropractic medicine faculty certificate;
    5         amending s. 460.408, F.S.; authorizing the Board of
    6         Chiropractic Medicine to approve continuing education
    7         courses sponsored by chiropractic colleges under
    8         certain circumstances; prohibiting the board from
    9         approving certain courses in continuing chiropractic
   10         education; amending s. 460.406, F.S.; revising
   11         requirements for a person who desires to be licensed
   12         as a chiropractic physician; amending s. 460.413,
   13         F.S.; requiring that a chiropractic physician preserve
   14         the identity of funds or property of a patient in
   15         excess of a specified amount; limiting the amount that
   16         may be advanced to a chiropractic physician for
   17         certain costs and expenses; amending s. 460.4165,
   18         F.S.; providing that services rendered by a certified
   19         chiropractic physician’s assistant under indirect
   20         supervision may occur only at the supervising
   21         chiropractic physician’s address of record; deleting
   22         the length of time specified for the basic program of
   23         education and training for certified chiropractic
   24         physician’s assistants; amending s. 460.4166, F.S.;
   25         authorizing a registered chiropractic assistant to
   26         operate therapeutic office equipment; requiring that a
   27         registered chiropractic assistant register with the
   28         board effective by a specified date and pay a fee for
   29         registration under certain circumstances; requiring
   30         that a registered chiropractic assistant submit an
   31         initial application by a specified date, or within 30
   32         days after becoming employed, whichever occurs later;
   33         requiring that an applicant specify the place of
   34         employment and the names of the supervising
   35         chiropractic physicians; requiring that the
   36         application be signed by a chiropractic physician who
   37         is an owner of the applicant’s place of employment;
   38         providing an effective date of a registered
   39         chiropractic assistant’s registration; authorizing
   40         certain chiropractic physicians or chiropractic
   41         physician’s assistants to supervise a registered
   42         chiropractic assistant; requiring that a registered
   43         chiropractic assistant notify the board of his or her
   44         change of employment within a specified time;
   45         requiring that a specified chiropractic physician sign
   46         the registered chiropractic assistant’s notification
   47         of change of employment; requiring that the registered
   48         chiropractic assistant’s employer notify the board
   49         when the assistant is no longer employed by that
   50         employer; providing eligibility conditions for
   51         registering as a registered chiropractic assistant;
   52         requiring the biennial renewal of a registered
   53         chiropractic assistant’s registration and payment of a
   54         renewal fee; requiring that the board adopt by rule
   55         the forms for certain statutorily required
   56         applications and notifications; authorizing the board
   57         to accept or require electronically submitted
   58         applications, notifications, signatures, or
   59         attestations in lieu of paper applications and actual
   60         signatures; requiring the signature of certain forms
   61         and notices by specified owners and supervisors under
   62         certain conditions; authorizing the board to provide
   63         for electronic alternatives to signatures if an
   64         application is submitted electronically; amending s.
   65         460.4167, F.S.; authorizing certain sole
   66         proprietorships, group practices, partnerships,
   67         corporations, limited liability companies, limited
   68         partnerships, professional associations, other
   69         entities, health care clinics licensed under part X of
   70         ch. 400, F.S., health maintenance organizations, or
   71         prepaid health clinics to employ a chiropractic
   72         physician or engage a chiropractic physician as an
   73         independent contractor to provide services authorized
   74         by ch. 460, F.S.; authorizing the spouse or adult
   75         children of a deceased chiropractic physician to hold,
   76         operate, pledge, sell, mortgage, assign, transfer,
   77         own, or control the deceased chiropractic physician’s
   78         ownership interests under certain conditions;
   79         authorizing an employer that employs a chiropractic
   80         physician to exercise control over the patient records
   81         of the employed chiropractic physician, the policies
   82         and decisions relating to pricing, credit, refunds,
   83         warranties, and advertising, and the decisions
   84         relating to office personnel and hours of practice;
   85         deleting an obsolete provision; providing an effective
   86         date.
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. Paragraph (e) of subsection (1) of section
   91  460.4062, Florida Statutes, is amended to read:
   92         460.4062 Chiropractic medicine faculty certificate.—
   93         (1) The department may issue a chiropractic medicine
   94  faculty certificate without examination to an individual who
   95  remits a nonrefundable application fee, not to exceed $100 as
   96  determined by rule of the board, and who demonstrates to the
   97  board that he or she meets the following requirements:
   98         (e)1. Performs research or has been offered and has
   99  accepted a full-time or part-time faculty appointment to teach
  100  in a program of chiropractic medicine at a publicly funded state
  101  university or college or at a college of chiropractic located in
  102  the state and accredited by the Council on Chiropractic
  103  Education; and
  104         2. Provides a certification from the dean of the appointing
  105  college acknowledging the appointment.
  106         Section 2. Subsection (1) of section 460.408, Florida
  107  Statutes, is amended to read:
  108         460.408 Continuing chiropractic education.—
  109         (1) The board shall require licensees to periodically
  110  demonstrate their professional competence as a condition of
  111  renewal of a license by completing up to 40 contact classroom
  112  hours of continuing education.
  113         (a) Continuing education courses sponsored by chiropractic
  114  colleges whose graduates are eligible for examination under any
  115  provision of this chapter may shall be approved upon review by
  116  the board if all other requirements of board rules setting forth
  117  criteria for course approval are met.
  118         (b) The board shall approve those courses that build upon
  119  the basic courses required for the practice of chiropractic
  120  medicine, and the board may also approve courses in adjunctive
  121  modalities. Courses that consist of instruction in the use,
  122  application, prescription, recommendation, or administration of
  123  a specific company’s brand of products or services are not
  124  eligible for approval.
  125         Section 3. Paragraph (e) of subsection (1) of section
  126  460.406, Florida Statutes, is amended to read:
  127         460.406 Licensure by examination.—
  128         (1) Any person desiring to be licensed as a chiropractic
  129  physician must apply to the department to take the licensure
  130  examination. There shall be an application fee set by the board
  131  not to exceed $100 which shall be nonrefundable. There shall
  132  also be an examination fee not to exceed $500 plus the actual
  133  per applicant cost to the department for purchase of portions of
  134  the examination from the National Board of Chiropractic
  135  Examiners or a similar national organization, which may be
  136  refundable if the applicant is found ineligible to take the
  137  examination. The department shall examine each applicant who the
  138  board certifies has:
  139         (e) Successfully completed the National Board of
  140  Chiropractic Examiners certification examination in parts I, II,
  141  and III, and IV, and the physiotherapy examination of the
  142  National Board of Chiropractic Examiners, with a score approved
  143  by the board.
  144  
  145  The board may require an applicant who graduated from an
  146  institution accredited by the Council on Chiropractic Education
  147  more than 10 years before the date of application to the board
  148  to take the National Board of Chiropractic Examiners Special
  149  Purposes Examination for Chiropractic, or its equivalent, as
  150  determined by the board. The board shall establish by rule a
  151  passing score.
  152         Section 4. Paragraph (y) of subsection (1) of section
  153  460.413, Florida Statutes, is amended to read:
  154         460.413 Grounds for disciplinary action; action by board or
  155  department.—
  156         (1) The following acts constitute grounds for denial of a
  157  license or disciplinary action, as specified in s. 456.072(2):
  158         (y) Failing to preserve identity of funds and property of a
  159  patient, the value of which is greater than $501. As provided by
  160  rule of the board, money or other property entrusted to a
  161  chiropractic physician for a specific purpose, including
  162  advances for costs and expenses of examination or treatment
  163  which may not exceed the value of $1,500, is to be held in trust
  164  and must be applied only to that purpose. Money and other
  165  property of patients coming into the hands of a chiropractic
  166  physician are not subject to counterclaim or setoff for
  167  chiropractic physician’s fees, and a refusal to account for and
  168  deliver over such money and property upon demand shall be deemed
  169  a conversion. This is not to preclude the retention of money or
  170  other property upon which the chiropractic physician has a valid
  171  lien for services or to preclude the payment of agreed fees from
  172  the proceeds of transactions for examinations or treatments.
  173  Controversies as to the amount of the fees are not grounds for
  174  disciplinary proceedings unless the amount demanded is clearly
  175  excessive or extortionate, or the demand is fraudulent. All
  176  funds of patients paid to a chiropractic physician, other than
  177  advances for costs and expenses, shall be deposited into in one
  178  or more identifiable bank accounts maintained in the state in
  179  which the chiropractic physician’s office is situated, and no
  180  funds belonging to the chiropractic physician may not shall be
  181  deposited therein except as follows:
  182         1. Funds reasonably sufficient to pay bank charges may be
  183  deposited therein.
  184         2. Funds belonging in part to a patient and in part
  185  presently or potentially to the physician must be deposited
  186  therein, but the portion belonging to the physician may be
  187  withdrawn when due unless the right of the physician to receive
  188  it is disputed by the patient, in which event the disputed
  189  portion may shall not be withdrawn until the dispute is finally
  190  resolved.
  191  
  192  Every chiropractic physician shall maintain complete records of
  193  all funds, securities, and other properties of a patient coming
  194  into the possession of the physician and render appropriate
  195  accounts to the patient regarding them. In addition, every
  196  chiropractic physician shall promptly pay or deliver to the
  197  patient, as requested by the patient, the funds, securities, or
  198  other properties in the possession of the physician which the
  199  patient is entitled to receive.
  200         Section 5. Subsections (2) and (5) of section 460.4165,
  201  Florida Statutes, are amended to read:
  202         460.4165 Certified chiropractic physician’s assistants.—
  203         (2) PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN’S
  204  ASSISTANT.—Notwithstanding any other provision of law, a
  205  certified chiropractic physician’s assistant may perform
  206  chiropractic services in the specialty area or areas for which
  207  the certified chiropractic physician’s assistant is trained or
  208  experienced when such services are rendered under the
  209  supervision of a licensed chiropractic physician or group of
  210  chiropractic physicians certified by the board. Any certified
  211  chiropractic physician’s assistant certified under this section
  212  to perform services may perform those services only:
  213         (a) In the office of the chiropractic physician to whom the
  214  certified chiropractic physician’s assistant has been assigned,
  215  in which office such physician maintains her or his primary
  216  practice;
  217         (b) Under indirect supervision if the indirect supervision
  218  occurs at the supervising chiropractic physician’s address of
  219  record or place of practice required by s. 456.035, other than
  220  at a clinic licensed under part X of chapter 400, of the
  221  chiropractic physician to whom she or he is assigned as defined
  222  by rule of the board;
  223         (c) In a hospital in which the chiropractic physician to
  224  whom she or he is assigned is a member of the staff; or
  225         (d) On calls outside of the office of the chiropractic
  226  physician to whom she or he is assigned, on the direct order of
  227  the chiropractic physician to whom she or he is assigned.
  228         (5) PROGRAM APPROVAL.—The department shall issue
  229  certificates of approval for programs for the education and
  230  training of certified chiropractic physician’s assistants which
  231  meet board standards. Any basic program curriculum certified by
  232  the board shall cover a period of 24 months. The curriculum must
  233  consist of a curriculum of at least 200 didactic classroom hours
  234  during those 24 months.
  235         (a) In developing criteria for program approval, the board
  236  shall give consideration to, and encourage, the use utilization
  237  of equivalency and proficiency testing and other mechanisms
  238  whereby full credit is given to trainees for past education and
  239  experience in health fields.
  240         (b) The board shall create groups of specialty
  241  classifications of training for certified chiropractic
  242  physician’s assistants. These classifications must shall reflect
  243  the training and experience of the certified chiropractic
  244  physician’s assistant. The certified chiropractic physician’s
  245  assistant may receive training in one or more such
  246  classifications, which shall be shown on the certificate issued.
  247         (c) The board shall adopt and publish standards to ensure
  248  that such programs operate in a manner that which does not
  249  endanger the health and welfare of the patients who receive
  250  services within the scope of the program. The board shall review
  251  the quality of the curricula, faculties, and facilities of such
  252  programs; issue certificates of approval; and take whatever
  253  other action is necessary to determine that the purposes of this
  254  section are being met.
  255         Section 6. Subsections (2) and (3) of section 460.4166,
  256  Florida Statutes, are amended, and subsections (4), (5), and (6)
  257  are added to that section, to read:
  258         460.4166 Registered chiropractic assistants.—
  259         (2) DUTIES.—Under the direct supervision and responsibility
  260  of a licensed chiropractic physician or certified chiropractic
  261  physician’s assistant, a registered chiropractic assistant may:
  262         (a) Perform clinical procedures, which include:
  263         1. Preparing patients for the chiropractic physician’s
  264  care.
  265         2. Taking vital signs.
  266         3. Observing and reporting patients’ signs or symptoms.
  267         (b) Administer basic first aid.
  268         (c) Assist with patient examinations or treatments other
  269  than manipulations or adjustments.
  270         (d) Operate therapeutic office equipment.
  271         (e) Collect routine laboratory specimens as directed by the
  272  chiropractic physician or certified chiropractic physician’s
  273  assistant.
  274         (f) Administer nutritional supplements as directed by the
  275  chiropractic physician or certified chiropractic physician’s
  276  assistant.
  277         (g) Perform office procedures required by the chiropractic
  278  physician or certified chiropractic physician’s assistant under
  279  direct supervision of the chiropractic physician or certified
  280  chiropractic physician’s assistant.
  281         (3) REGISTRATION.—
  282         (a) A registered chiropractic assistant shall register with
  283  assistants may be registered by the board for a biennial fee not
  284  to exceed $25. Effective April 1, 2013, a person must register
  285  with the board as a registered chiropractic assistant if the
  286  person performs any duties described in subsection (2), unless
  287  the person is otherwise certified or licensed to perform those
  288  duties.
  289         (b) A person employed as a registered chiropractic
  290  assistant shall submit to the board an initial application for
  291  registration by March 31, 2013, or within 30 days after becoming
  292  employed as a registered chiropractic assistant, whichever
  293  occurs later, specifying the applicant’s place of employment and
  294  the names of all chiropractic physicians under whose supervision
  295  the applicant performs the duties described in subsection (2).
  296  The application for registration must be signed by a
  297  chiropractic physician who is an owner of the place of
  298  employment specified in the application. Upon the board’s
  299  receipt of the application, the effective date of the
  300  registration is April 1, 2013, or applies retroactively to the
  301  applicant’s date of employment as a registered chiropractic
  302  assistant, whichever occurs later, and the registered
  303  chiropractic assistant may be supervised by any licensed
  304  chiropractic physician or certified chiropractic physician’s
  305  assistant who is employed by the registered chiropractic
  306  assistant’s employer or who is listed on the registration
  307  application.
  308         (c) A registered chiropractic assistant, within 30 days
  309  after a change of employment, shall notify the board of the new
  310  place of employment and the names of all chiropractic physicians
  311  under whose supervision the registered chiropractic assistant
  312  performs duties described in subsection (2) at the new place of
  313  employment. The notification must be signed by a chiropractic
  314  physician who is an owner of the new place of employment. Upon
  315  the board’s receipt of the notification, the registered
  316  chiropractic assistant may be supervised by any licensed
  317  chiropractic physician or certified chiropractic physician’s
  318  assistant who is employed by the registered chiropractic
  319  assistant’s new employer or who is listed on the notification.
  320         (d) Within 30 days after a registered chiropractic
  321  assistant is no longer employed at his or her place of
  322  employment as registered with the board, the registered
  323  chiropractic assistant’s employer as registered with the board
  324  shall notify the board that the registered chiropractic
  325  assistant is no longer employed by that employer.
  326         (e) An employee who performs none of the duties described
  327  in subsection (2) is not eligible to register under this
  328  subsection.
  329         (4) REGISTERED CHIROPRACTIC ASSISTANT REGISTRATION
  330  RENEWAL.—
  331         (a) A registered chiropractic assistant’s registration must
  332  be renewed biennially. Each renewal must include:
  333         1. A renewal fee as set by the board, not to exceed $25.
  334         2. The registered chiropractic assistant’s current place of
  335  employment and the names of all chiropractic physicians under
  336  whose supervision the applicant performs duties described in
  337  subsection (2). The application for registration renewal must be
  338  signed by a chiropractic physician who is an owner of the place
  339  of employment specified in the application.
  340         (b) Upon registration renewal, the registered chiropractic
  341  assistant may be supervised by any licensed chiropractic
  342  physician or certified chiropractic physician’s assistant who is
  343  employed by the registered chiropractic assistant’s employer or
  344  who is listed on the registration renewal.
  345         (5) APPLICATION AND NOTIFICATION FORMS.—The board shall
  346  prescribe by rule the forms for the registration application,
  347  notification, and registration renewal that are required under
  348  subsections (3) and (4). The board may accept or may require
  349  electronically submitted registration applications,
  350  notifications, registration renewals, attestations, or
  351  signatures in lieu of paper applications, notifications,
  352  renewals, or attestations or actual signatures.
  353         (6)SIGNATURE REQUIREMENTS.—If a registered chiropractic
  354  assistant is employed by an entity that is not owned in whole or
  355  in part by a licensed chiropractic physician under s. 460.4167,
  356  the documents requiring signatures under this section must be
  357  signed by a person having an ownership interest in the entity
  358  that employs the assistant and by the licensed chiropractic
  359  physician who supervises the assistant. In lieu of written
  360  signatures, the board may provide for electronic alternatives to
  361  signatures if an application is submitted electronically, in
  362  which instance all other requirements in this section apply.
  363         Section 7. Section 460.4167, Florida Statutes, is amended
  364  to read:
  365         460.4167 Proprietorship by persons other than licensed
  366  chiropractic physicians.—
  367         (1) A No person other than a sole proprietorship, group
  368  practice, partnership, or corporation that is wholly owned by
  369  one or more chiropractic physicians licensed under this chapter
  370  or by a chiropractic physician licensed under this chapter and
  371  the spouse, parent, child, or sibling of that chiropractic
  372  physician may not employ a chiropractic physician licensed under
  373  this chapter or engage a chiropractic physician licensed under
  374  this chapter as an independent contractor to provide services
  375  that chiropractic physicians are authorized to offer by this
  376  chapter to be offered by a chiropractic physician licensed under
  377  this chapter, unless the person is any of the following, except
  378  for:
  379         (a) A sole proprietorship, group practice, partnership,
  380  corporation, limited liability company, limited partnership,
  381  professional association, or any other entity that is wholly
  382  owned by:
  383         1. One or more chiropractic physicians licensed under this
  384  chapter;
  385         2. A chiropractic physician licensed under this chapter and
  386  the spouse or surviving spouse, parent, child, or sibling of the
  387  chiropractic physician; or
  388         3. A trust whose trustees are chiropractic physicians
  389  licensed under this chapter and the spouse, parent, child, or
  390  sibling of a chiropractic physician.
  391  
  392  If the chiropractic physician described in subparagraph (a)2.
  393  dies, notwithstanding part X of chapter 400, the surviving
  394  spouse or adult children may hold, operate, pledge, sell,
  395  mortgage, assign, transfer, own, or control the chiropractic
  396  physician’s ownership interests for so long as the surviving
  397  spouse or adult children remain the sole proprietors of the
  398  chiropractic practice.
  399         (b)(a) A sole proprietorship, group practice, partnership,
  400  or corporation, limited liability company, limited partnership,
  401  professional association, or any other entity that is wholly
  402  owned by a physician or physicians licensed under this chapter,
  403  chapter 458, chapter 459, or chapter 461.
  404         (c)(b)An entity Entities that is wholly are owned,
  405  directly or indirectly, by an entity licensed or registered by
  406  the state under chapter 395.
  407         (d)(c)A clinical facility that is facilities affiliated
  408  with a college of chiropractic accredited by the Council on
  409  Chiropractic Education at which training is provided for
  410  chiropractic students.
  411         (e)(d) A public or private university or college.
  412         (f)(e) An entity wholly owned and operated by an
  413  organization that is exempt from federal taxation under s.
  414  501(c)(3) or (4) of the Internal Revenue Code, a any community
  415  college or university clinic, or an and any entity owned or
  416  operated by the Federal Government or by state government,
  417  including any agency, county, municipality, or other political
  418  subdivision thereof.
  419         (g)(f) An entity owned by a corporation the stock of which
  420  is publicly traded.
  421         (h)(g) A clinic licensed under part X of chapter 400 which
  422  that provides chiropractic services by a chiropractic physician
  423  licensed under this chapter and other health care services by
  424  physicians licensed under chapter 458 or, chapter 459, or
  425  chapter 460, the medical director of which is licensed under
  426  chapter 458 or chapter 459.
  427         (i)(h) A state-licensed insurer.
  428         (j) A health maintenance organization or prepaid health
  429  clinic regulated under chapter 641.
  430         (2) A No person other than a chiropractic physician
  431  licensed under this chapter may not shall direct, control, or
  432  interfere with a chiropractic physician’s clinical judgment
  433  regarding the medical necessity of chiropractic treatment. For
  434  purposes of this subsection, a chiropractic physician’s clinical
  435  judgment does not apply to chiropractic services that are
  436  contractually excluded, the application of alternative services
  437  that may be appropriate given the chiropractic physician’s
  438  prescribed course of treatment, or determinations that compare
  439  comparing contractual provisions and scope of coverage with a
  440  chiropractic physician’s prescribed treatment on behalf of a
  441  covered person by an insurer, health maintenance organization,
  442  or prepaid limited health service organization.
  443         (3) Any lease agreement, rental agreement, or other
  444  arrangement between a person other than a licensed chiropractic
  445  physician and a chiropractic physician whereby the person other
  446  than a licensed chiropractic physician provides the chiropractic
  447  physician with chiropractic equipment or chiropractic materials
  448  must shall contain a provision whereby the chiropractic
  449  physician expressly maintains complete care, custody, and
  450  control of the equipment or practice.
  451         (4) The purpose of this section is to prevent a person
  452  other than the a licensed chiropractic physician from
  453  influencing or otherwise interfering with the exercise of the a
  454  chiropractic physician’s independent professional judgment. In
  455  addition to the acts specified in subsection (2) (1), a person
  456  or entity other than an employer or entity authorized in
  457  subsection (1) a licensed chiropractic physician and any entity
  458  other than a sole proprietorship, group practice, partnership,
  459  or corporation that is wholly owned by one or more chiropractic
  460  physicians licensed under this chapter or by a chiropractic
  461  physician licensed under this chapter and the spouse, parent,
  462  child, or sibling of that physician, may not employ or engage a
  463  chiropractic physician licensed under this chapter. A person or
  464  entity may not or enter into a contract or arrangement with a
  465  chiropractic physician pursuant to which such unlicensed person
  466  or such entity exercises control over the following:
  467         (a) The selection of a course of treatment for a patient,
  468  the procedures or materials to be used as part of the such
  469  course of treatment, and the manner in which the such course of
  470  treatment is carried out by the chiropractic physician licensee;
  471         (b) The patient records of the chiropractic physician a
  472  chiropractor;
  473         (c) The policies and decisions relating to pricing, credit,
  474  refunds, warranties, and advertising; or
  475         (d) The decisions relating to office personnel and hours of
  476  practice.
  477  
  478  However, a person or entity that is authorized to employ a
  479  chiropractic physician under subsection (1) may exercise control
  480  over the patient records of the employed chiropractic physician;
  481  the policies and decisions relating to pricing, credit, refunds,
  482  warranties, and advertising; and the decisions relating to
  483  office personnel and hours of practice.
  484         (5) Any person who violates this section commits a felony
  485  of the third degree, punishable as provided in s. 775.082 s.
  486  775.081, s. 775.083, or s. 775.084 s. 775.035.
  487         (6) Any contract or arrangement entered into or undertaken
  488  in violation of this section is shall be void as contrary to
  489  public policy. This section applies to contracts entered into or
  490  renewed on or after July 1, 2008.
  491         Section 8. This act shall take effect July 1, 2012.