Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1474
       
       
       
       
       
       
                                Ì698850>Î698850                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Trumbull) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 44 - 155
    4  and insert:
    5  acupuncture; by the use of monofilament intramuscular
    6  stimulation treatment, also known as dry needling, for trigger
    7  points or myofascial pain; or by the administration of foods,
    8  food concentrates, food extracts, and items for which a
    9  prescription is not required and may apply first aid and
   10  hygiene, but chiropractic physicians are expressly prohibited
   11  from prescribing or administering to any person any legend drug
   12  except as authorized under subparagraph 2., from performing any
   13  surgery except as stated herein, or from practicing obstetrics.
   14         2. Notwithstanding the prohibition against prescribing and
   15  administering legend drugs under subparagraph 1. or s.
   16  499.83(2)(c), pursuant to board rule chiropractic physicians may
   17  order, store, and administer, for emergency purposes only at the
   18  chiropractic physician’s office or place of business,
   19  prescription medical oxygen and may also order, store, and
   20  administer the following topical anesthetics in aerosol form:
   21         a. Any solution consisting of 25 percent ethylchloride and
   22  75 percent dichlorodifluoromethane.
   23         b. Any solution consisting of 15 percent
   24  dichlorodifluoromethane and 85 percent
   25  trichloromonofluoromethane.
   26  
   27  However, this paragraph does not authorize a chiropractic
   28  physician to prescribe medical oxygen as defined in s.
   29  499.82(10) chapter 499.
   30         (d) Chiropractic physicians shall have the privileges of
   31  services from the department’s laboratories.
   32         (e) The term “chiropractic medicine,” “chiropractic,”
   33  “doctor of chiropractic,” or “chiropractor” shall be synonymous
   34  with “chiropractic physician,” and each term shall be construed
   35  to mean a practitioner of chiropractic medicine as the same has
   36  been defined herein. Chiropractic physicians may analyze and
   37  diagnose the physical conditions of the human body to determine
   38  the abnormal functions of the human organism and to determine
   39  such functions as are abnormally expressed and the cause of such
   40  abnormal expression.
   41         (f) Any chiropractic physician who has complied with the
   42  provisions of this chapter is authorized to analyze and diagnose
   43  abnormal bodily functions and to adjust the physical
   44  representative of the primary cause of disease as is herein
   45  defined and provided. As an incident to the care of the sick,
   46  chiropractic physicians may advise and instruct patients in all
   47  matters pertaining to hygiene and sanitary measures as taught
   48  and approved by recognized chiropractic schools and colleges. A
   49  chiropractic physician may not use acupuncture until certified
   50  by the board. Certification shall be granted to chiropractic
   51  physicians who have satisfactorily completed the required
   52  coursework in acupuncture and after successful passage of an
   53  appropriate examination as administered by the department. The
   54  required coursework shall have been provided by a college or
   55  university which is recognized by an accrediting agency approved
   56  by the United States Department of Education.
   57         Section 2. Paragraph (d) of subsection (1) of section
   58  460.406, Florida Statutes, is amended to read:
   59         460.406 Licensure by examination.—
   60         (1) Any person desiring to be licensed as a chiropractic
   61  physician must apply to the department to take the licensure
   62  examination. There shall be an application fee set by the board
   63  not to exceed $100 which shall be nonrefundable. There shall
   64  also be an examination fee not to exceed $500 plus the actual
   65  per applicant cost to the department for purchase of portions of
   66  the examination from the National Board of Chiropractic
   67  Examiners or a similar national organization, which may be
   68  refundable if the applicant is found ineligible to take the
   69  examination. The department shall examine each applicant whom
   70  the board certifies has met all of the following criteria:
   71         (d)1. For an applicant who has matriculated in a
   72  chiropractic college before July 2, 1990, completed at least 2
   73  years of residence college work, consisting of a minimum of one
   74  half the work acceptable for a bachelor’s degree granted on the
   75  basis of a 4-year period of study, in a college or university
   76  accredited by an institutional accrediting agency recognized and
   77  approved by the United States Department of Education. However,
   78  before being certified by the board to sit for the examination,
   79  each applicant who has matriculated in a chiropractic college
   80  after July 1, 1990, must have been granted a bachelor’s degree,
   81  based upon 4 academic years of study, by a college or university
   82  accredited by an institutional accrediting agency that is a
   83  member of the Commission on Recognition of Postsecondary
   84  Accreditation or have produced a credentials evaluation report
   85  from a board-approved organization that deems the applicant’s
   86  education equivalent to a bachelor’s degree.
   87         2. Effective July 1, 2000, completed, before matriculation
   88  in a chiropractic college, at least 3 years of residence college
   89  work, consisting of a minimum of 90 semester hours leading to a
   90  bachelor’s degree in a liberal arts college or university
   91  accredited by an institutional accrediting agency recognized and
   92  approved by the United States Department of Education or have
   93  produced a credentials evaluation report from a board-approved
   94  organization that deems the applicant’s education equivalent to
   95  a bachelor’s degree. However, before being certified by the
   96  board to sit for the examination, each applicant who has
   97  matriculated in a chiropractic college after July 1, 2000, must
   98  have been granted a bachelor’s degree from an institution
   99  holding accreditation for that degree from an institutional
  100  accrediting agency that is recognized by the United States
  101  Department of Education or have produced a credentials
  102  evaluation report from a board-approved organization that deems
  103  the applicant’s education equivalent to a bachelor’s degree. The
  104  applicant’s chiropractic degree must consist of credits earned
  105  in the chiropractic program and may not include academic credit
  106  for courses from the bachelor’s degree.
  107  
  108  The board may require an applicant who graduated from an
  109  institution accredited by the Council on Chiropractic Education
  110  more than 10 years before the date of application to the board
  111  to take the National Board of Chiropractic Examiners Special
  112  Purposes Examination for Chiropractic, or its equivalent, as
  113  determined by the board. The board shall establish by rule a
  114  passing score.
  115         Section 3. Section 460.4085, Florida Statutes, is created
  116  to read:
  117         460.4085 Performance of dry needling by chiropractic
  118  physicians.—
  119         (1)The board shall establish minimum standards of practice
  120  for the performance of dry needling by chiropractic physicians,
  121  including, at a minimum, all of the following:
  122         (a)Completion of 40 hours of in-person continuing
  123  education on the topic of dry needling for chiropractic
  124  physicians not certified in chiropractic acupuncture and 24
  125  hours of such in-person continuing education for chiropractic
  126  physicians certified in chiropractic acupuncture, and passage of
  127  a written and practical examination. Online or distance-based
  128  courses do not qualify as approved hours to meet the dry
  129  needling certification requirements.
  130         1.Course content must be approved by one or more of the
  131  following entities before a chiropractic physician may take such
  132  course for purposes of meeting the continuing education
  133  requirements of this paragraph:
  134         a.An entity accredited in accordance with s. 460.408.
  135         b.The board.
  136         c.The American Chiropractic Association.
  137         d.The International Chiropractic Association.
  138         e.Providers of Approved Continuing Education.
  139         f.The American Medical Association.
  140         g.The American Osteopathic Association.
  141         2.The course instructor must be a licensed chiropractic
  142  physician, allopathic or osteopathic physician, or physical
  143  therapist holding a Doctor of Physical Therapy degree who has
  144  practiced dry needling for at least 5 years, either by
  145  instructing dry needling coursework at an accredited institution
  146  of higher education or treating patients using dry needling
  147  treatment in a professional office setting.
  148         3.The continuing education must include instruction in all
  149  of the following areas:
  150         a.Theory of dry needling.
  151         b.Selection and safe handling of needles and other
  152  apparatus or equipment used in dry needling, including
  153  instruction on the proper handling of biohazardous waste.
  154         c.Indications and contraindications for dry needling.
  155         d.Psychomotor skills needed to perform dry needling.
  156         e.Postintervention care, including adverse responses,
  157  adverse event recordkeeping, and any reporting obligations.
  158         (b)Completion of at least 10 patient sessions of dry
  159  needling performed under the supervision of a licensed
  160  chiropractic physician, allopathic or osteopathic physician, or
  161  physical therapist holding a Doctor of Physical Therapy degree
  162  who has actively performed dry needling for at least 1 year. A
  163  chiropractic physician must provide satisfactory documentation
  164  to the board demonstrating that he or she has met the
  165  supervision and competency requirements of this paragraph and
  166  does not need additional supervised sessions to perform dry
  167  needling.
  168         (c)A requirement that dry needling may not be performed
  169  without patient consent and education on the risks and adverse
  170  events that could occur. Such patient consent and education must
  171  be included as part of the patient’s documented plan of care.
  172         (d)A requirement that dry needling may not be delegated to
  173  any person other than a chiropractic physician who is authorized
  174  to engage in dry needling under this chapter.
  175         (2)At the request of a licensee, the board may do any of
  176  the following:
  177         (a)Review coursework completed before July 1, 2024, to be
  178  approved to satisfy the coursework requirements of this section.
  179         (b)Waive some or all of the hours or requirements of
  180  subsection (1) if the licensee presents satisfactory proof of
  181  completing coursework that constitutes adequate training of dry
  182  needling or of the components of education and training required
  183  for dry needling.
  184         (c)Determine whether the licensee has received adequate
  185  training to be eligible to perform dry needling.
  186         (3)When a chiropractic physician submits documentation to
  187  the board verifying completion of the required hours of
  188  education and training under this section, the board must issue
  189  the chiropractic physician a letter certifying that the he or
  190  she is authorized to practice dry needling under this chapter.
  191         Section 4. This act shall take effect upon becoming a law.
  192  
  193  ================= T I T L E  A M E N D M E N T ================
  194  And the title is amended as follows:
  195         Delete lines 5 - 10
  196  and insert:
  197         specified treatment; amending s. 460.406, F.S.;
  198         revising education requirements for licensure as a
  199         chiropractic physician; creating s. 460.4085, F.S.;
  200         requiring the Board of Chiropractic Medicine to
  201         establish minimum standards of practice for the
  202         performance of dry needling by chiropractic
  203         physicians, including specified education and training
  204         requirements and restrictions on such practice;
  205         authorizing the board to take specified actions at the
  206         request of a chiropractic physician; requiring the
  207         board to issue a chiropractic physician a letter
  208         certifying that he or she is authorized to perform dry
  209         needling if the chiropractic physician submits certain
  210         documentation to the board; providing an effective
  211         date.