Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1242
       
       
       
       
       
       
                                Ì768906HÎ768906                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Health Policy (Rouson) recommended the
       following:
       
    1         Senate Amendment to Amendment (886046) 
    2  
    3         Delete lines 10 - 247
    4  and insert:
    5  school, college, or program accredited by a programmatic
    6  accrediting agency recognized by the United States Department of
    7  Education or the Council for Higher Education Accreditation the
    8  Council on Chiropractic Education and participating in either:
    9         (a) A community-based internship under the direct
   10  supervision of a doctor of chiropractic medicine who is
   11  credentialed as an adjunct faculty member of a chiropractic
   12  college in which the student is enrolled; or
   13         (b) A chiropractic college clinical internship under the
   14  direct supervision of a doctor of chiropractic medicine who is a
   15  full-time, part-time, or adjunct faculty member of a
   16  chiropractic college located in this state and accredited by a
   17  programmatic accrediting agency recognized by the United States
   18  Department of Education or the Council for Higher Education
   19  Accreditation the Council on Chiropractic Education and who
   20  holds a current, active Florida chiropractor’s license.
   21         Section 2. Subsection (4) and paragraph (a) of subsection
   22  (9) of section 460.403, Florida Statutes, are amended to read:
   23         460.403 Definitions.—As used in this chapter, the term:
   24         (4)(a) “Community-based internship” means a program in
   25  which a student enrolled in the last year of a chiropractic
   26  college accredited by a programmatic accrediting agency
   27  recognized by the United States Department of Education or the
   28  Council for Higher Education Accreditation the Council on
   29  Chiropractic Education is approved to obtain required
   30  pregraduation clinical experience in a chiropractic clinic or
   31  practice under the direct supervision of a doctor of
   32  chiropractic medicine approved as an adjunct faculty member of
   33  the chiropractic college in which the student is enrolled,
   34  according to the teaching protocols for the clinical practice
   35  requirements of the college.
   36         (b) “Chiropractic college clinical internship” means a
   37  program in which a student enrolled in a chiropractic college
   38  located in this state and accredited by a programmatic
   39  accrediting agency recognized by the United States Department of
   40  Education or the Council for Higher Education Accreditation the
   41  Council on Chiropractic Education obtains clinical experience
   42  pursuant to the chiropractic college’s curriculum in a classroom
   43  or chiropractic clinic operated by the chiropractic college,
   44  according to the teaching protocols for the clinical practice
   45  requirements of the college.
   46         (9)(a) “Practice of chiropractic medicine” means a
   47  noncombative principle and practice consisting of the science,
   48  philosophy, and art of the adjustment, manipulation, and
   49  treatment of the human body in which vertebral subluxations and
   50  other malpositioned articulations and structures that are
   51  interfering with the normal generation, transmission, and
   52  expression of nerve impulse between the brain, organs, and
   53  tissue cells of the body, thereby causing disease, are adjusted,
   54  manipulated, or treated, thus restoring the normal flow of nerve
   55  impulse which produces normal function and consequent health by
   56  chiropractic physicians using specific chiropractic adjustment
   57  or manipulation techniques taught in chiropractic colleges
   58  accredited by a programmatic accrediting agency recognized by
   59  the United States Department of Education or the Council for
   60  Higher Education Accreditation the Council on Chiropractic
   61  Education. No person other than a licensed chiropractic
   62  physician may render chiropractic services, chiropractic
   63  adjustments, or chiropractic manipulations.
   64         Section 3. Subsections (1) and (5) of section 460.406,
   65  Florida Statutes, are amended to read:
   66         460.406 Licensure by examination.—
   67         (1) Any person desiring to be licensed as a chiropractic
   68  physician must apply to the department to take the licensure
   69  examination. There shall be an application fee set by the board
   70  not to exceed $100 which shall be nonrefundable. There shall
   71  also be an examination fee not to exceed $500 plus the actual
   72  per applicant cost to the department for purchase of portions of
   73  the examination from the National Board of Chiropractic
   74  Examiners or a similar national organization, which may be
   75  refundable if the applicant is found ineligible to take the
   76  examination. The department shall examine each applicant who the
   77  board certifies has:
   78         (a) Completed the application form and remitted the
   79  appropriate fee.
   80         (b) Submitted proof satisfactory to the department that he
   81  or she is not less than 18 years of age.
   82         (c) Submitted proof satisfactory to the department that he
   83  or she is a graduate of a chiropractic college which is
   84  accredited by a programmatic accrediting agency recognized by
   85  the United States Department of Education or the Council for
   86  Higher Education Accreditation or has status with the Council on
   87  Chiropractic Education or its predecessor agency. However, any
   88  applicant who is a graduate of a chiropractic college that was
   89  initially accredited by the Council on Chiropractic Education in
   90  1995, who graduated from such college within the 4 years
   91  immediately preceding such accreditation, and who is otherwise
   92  qualified shall be eligible to take the examination. No
   93  application for a license to practice chiropractic medicine
   94  shall be denied solely because the applicant is a graduate of a
   95  chiropractic college that subscribes to one philosophy of
   96  chiropractic medicine as distinguished from another.
   97         (d)1. For an applicant who has matriculated in a
   98  chiropractic college before prior to July 2, 1990, completed at
   99  least 2 years of residence college work, consisting of a minimum
  100  of one-half the work acceptable for a bachelor’s degree granted
  101  on the basis of a 4-year period of study, in a college or
  102  university accredited by a programmatic an accrediting agency
  103  recognized and approved by the United States Department of
  104  Education. However, before prior to being certified by the board
  105  to sit for the examination, each applicant who has matriculated
  106  in a chiropractic college after July 1, 1990, shall have been
  107  granted a bachelor’s degree, based upon 4 academic years of
  108  study, by a college or university accredited by a regional
  109  accrediting agency which is a member of the Commission on
  110  Recognition of Postsecondary Accreditation.
  111         2. Effective July 1, 2000, completed, before prior to
  112  matriculation in a chiropractic college, at least 3 years of
  113  residence college work, consisting of a minimum of 90 semester
  114  hours leading to a bachelor’s degree in a liberal arts college
  115  or university accredited by a programmatic an accrediting agency
  116  recognized and approved by the United States Department of
  117  Education. However, before prior to being certified by the board
  118  to sit for the examination, each applicant who has matriculated
  119  in a chiropractic college after July 1, 2000, shall have been
  120  granted a bachelor’s degree from an institution holding
  121  accreditation for that degree from a regional accrediting agency
  122  which is recognized by the United States Department of
  123  Education. The applicant’s chiropractic degree must consist of
  124  credits earned in the chiropractic program and may not include
  125  academic credit for courses from the bachelor’s degree.
  126         (e) Successfully completed the National Board of
  127  Chiropractic Examiners certification examination in parts I, II,
  128  III, and IV, and the physiotherapy examination of the National
  129  Board of Chiropractic Examiners, with a score approved by the
  130  board.
  131         (f) Submitted to the department a set of fingerprints on a
  132  form and under procedures specified by the department, along
  133  with payment in an amount equal to the costs incurred by the
  134  Department of Health for the criminal background check of the
  135  applicant.
  136  
  137  The board may require an applicant who graduated from an
  138  institution accredited by the Council on Chiropractic Education
  139  more than 10 years before the date of application to the board
  140  to take the National Board of Chiropractic Examiners Special
  141  Purposes Examination for Chiropractic, or its equivalent, as
  142  determined by the board. The board shall establish by rule a
  143  passing score.
  144         (5) A student in a school or college of chiropractic
  145  accredited by a programmatic accrediting agency recognized by
  146  the United States Department of Education or the Council for
  147  Higher Education Accreditation the Council on Chiropractic
  148  Education or its successor in the final year of the program may
  149  file an application pursuant to subsection (1), take all
  150  examinations required for licensure, and submit a set of
  151  fingerprints, and pay all fees required for licensure. A
  152  chiropractic student who successfully completes the licensure
  153  examinations and who otherwise meets all requirements for
  154  licensure as a chiropractic physician during the student’s final
  155  year must have graduated before being certified for licensure
  156  pursuant to this section.
  157         Section 4. Subsection (1) of section 460.4062, Florida
  158  Statutes, are amended to read:
  159         460.4062 Chiropractic medicine faculty certificate.—
  160         (1) The department may issue a chiropractic medicine
  161  faculty certificate without examination to an individual who
  162  remits a nonrefundable application fee, not to exceed $100 as
  163  determined by rule of the board, and who demonstrates to the
  164  board that he or she meets the following requirements:
  165         (a) Is a graduate of a an accredited school or college of
  166  chiropractic accredited by a programmatic accrediting agency
  167  recognized by the United States Department of Education or the
  168  Council for Higher Education Accreditation the Council on
  169  Chiropractic Education.
  170         (b) Holds a valid current license to practice chiropractic
  171  medicine in another jurisdiction in the United States.
  172         (c) Is at least 21 years of age and of good moral
  173  character.
  174         (d) Has not committed any act or offense in any
  175  jurisdiction which would constitute the basis for discipline
  176  under this chapter or chapter 456.
  177         (e)1. Performs research or has been offered and has
  178  accepted a full-time or part-time faculty appointment to teach
  179  in a program of chiropractic medicine at a publicly funded state
  180  university or college or at a college of chiropractic located in
  181  the state and accredited by a programmatic accrediting agency
  182  recognized by the United States Secretary of Education or the
  183  Council for Higher Education Accreditation the Council on
  184  Chiropractic Education; and
  185         2. Provides a certification from the dean of the appointing
  186  college acknowledging the appointment.
  187         Section 5. Paragraph (a) of subsection (1) of section
  188  460.4061, Florida Statutes, is amended to read:
  189         460.4061 Restricted license.—
  190         (1) An applicant for licensure as a chiropractic physician
  191  may apply to the department for a restricted license without
  192  undergoing a state or national written or clinical competency
  193  examination for licensure if the applicant initially applies not
  194  later than October 31, 1994, for the restricted license and:
  195         (a) Holds a degree from a college of chiropractic
  196  accredited by a programmatic accrediting agency recognized by
  197  the United States Secretary of Education or the Council for
  198  Higher Education Accreditation the Council on Chiropractic
  199  Education or its predecessor agency and holds a bachelor’s
  200  degree.
  201         Section 6. Paragraph (b) of subsection (13) of section
  202  460.4165, Florida Statutes, is amended to read:
  203         460.4165 Certified chiropractic physician’s assistants.—
  204         (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION
  205  RENEWAL.—The certification must be renewed biennially.
  206         (b) Each certified chiropractic physician’s assistant shall
  207  biennially complete 24 hours of continuing education courses
  208  approved by the board and sponsored by a programmatic
  209  accrediting agency recognized by the United States Department of
  210  Education or the Council for Higher Education Accreditation
  211  chiropractic colleges accredited by the Council on Chiropractic
  212  Education and approved by the board. The board shall approve
  213  those courses that build upon the basic courses required for the
  214  practice of chiropractic medicine, and the board may also
  215  approve courses in adjunctive modalities. The board may make
  216  exception from the requirements of this section in emergency or
  217  hardship cases. The board may adopt rules within the
  218  requirements of this section which are necessary for its
  219  implementation.
  220         Section 7. Paragraph (d) of subsection (1) of section
  221  460.4167, Florida Statutes, is amended to read:
  222         460.4167 Proprietorship by persons other than licensed
  223  chiropractic physicians.—
  224         (1) A person may not employ a chiropractic physician
  225  licensed under this chapter or engage a chiropractic physician
  226  licensed under this chapter as an independent contractor to
  227  provide services that chiropractic physicians are authorized to
  228  offer under this chapter, unless the person is any of the
  229  following:
  230         (d) A clinical facility that is affiliated with a college
  231  of chiropractic accredited by a programmatic accrediting agency
  232  recognized by the United States Department of Education or the
  233  Council for Higher Education Accreditation the Council on
  234  Chiropractic Education at which training is provided for
  235  chiropractic students.
  236         Section 8. Paragraph (j) of subsection (4) of section
  237  400.9905, Florida Statutes, is amended to read:
  238         400.9905 Definitions.—
  239         (4) “Clinic” means an entity where health care services are
  240  provided to individuals and which tenders charges for
  241  reimbursement for such services, including a mobile clinic and a
  242  portable equipment provider. As used in this part, the term does
  243  not include and the licensure requirements of this part do not
  244  apply to:
  245         (j) Clinical facilities affiliated with a college of
  246  chiropractic accredited by a programmatic accrediting agency
  247  recognized by