Florida Senate - 2024                                    SB 1474
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-01588-24                                            20241474__
    1                        A bill to be entitled                      
    2         An act relating to chiropractic medicine; amending s.
    3         460.403, F.S.; revising the definition of the term
    4         “practice of chiropractic medicine” to include a
    5         specified treatment that a chiropractic physician may
    6         use; amending s. 460.406, F.S.; revising education
    7         requirements for licensure as a chiropractic
    8         physician; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (9) of section 460.403, Florida
   13  Statutes, is amended to read:
   14         460.403 Definitions.—As used in this chapter, the term:
   15         (9)(a) “Practice of chiropractic medicine” means a
   16  noncombative principle and practice consisting of the science,
   17  philosophy, and art of the adjustment, manipulation, and
   18  treatment of the human body in which vertebral subluxations and
   19  other malpositioned articulations and structures that are
   20  interfering with the normal generation, transmission, and
   21  expression of nerve impulse between the brain, organs, and
   22  tissue cells of the body, thereby causing disease, are adjusted,
   23  manipulated, or treated, thus restoring the normal flow of nerve
   24  impulse which produces normal function and consequent health by
   25  chiropractic physicians using specific chiropractic adjustment
   26  or manipulation techniques taught in chiropractic colleges
   27  accredited by the Council on Chiropractic Education. No person
   28  other than a licensed chiropractic physician may render
   29  chiropractic services, chiropractic adjustments, or chiropractic
   30  manipulations.
   31         (b) Any chiropractic physician who has complied with the
   32  provisions of this chapter may examine, analyze, and diagnose
   33  the human living body and its diseases by the use of any
   34  physical, chemical, electrical, or thermal method; use the X ray
   35  for diagnosing; phlebotomize; and use any other general method
   36  of examination for diagnosis and analysis taught in any school
   37  of chiropractic.
   38         (c)1. Chiropractic physicians may adjust, manipulate, or
   39  treat the human body by manual, mechanical, electrical, or
   40  natural methods; by the use of physical means or physiotherapy,
   41  including light, heat, water, or exercise; by the use of
   42  acupuncture; by the use of monofilament intramuscular
   43  stimulation treatment for trigger points or myofascial pain; or
   44  by the administration of foods, food concentrates, food
   45  extracts, and items for which a prescription is not required and
   46  may apply first aid and hygiene, but chiropractic physicians are
   47  expressly prohibited from prescribing or administering to any
   48  person any legend drug except as authorized under subparagraph
   49  2., from performing any surgery except as stated herein, or from
   50  practicing obstetrics.
   51         2. Notwithstanding the prohibition against prescribing and
   52  administering legend drugs under subparagraph 1. or s.
   53  499.83(2)(c), pursuant to board rule chiropractic physicians may
   54  order, store, and administer, for emergency purposes only at the
   55  chiropractic physician’s office or place of business,
   56  prescription medical oxygen and may also order, store, and
   57  administer the following topical anesthetics in aerosol form:
   58         a. Any solution consisting of 25 percent ethylchloride and
   59  75 percent dichlorodifluoromethane.
   60         b. Any solution consisting of 15 percent
   61  dichlorodifluoromethane and 85 percent
   62  trichloromonofluoromethane.
   63  
   64  However, this paragraph does not authorize a chiropractic
   65  physician to prescribe medical oxygen as defined in s.
   66  499.82(10) chapter 499.
   67         (d) Chiropractic physicians shall have the privileges of
   68  services from the department’s laboratories.
   69         (e) The term “chiropractic medicine,” “chiropractic,”
   70  “doctor of chiropractic,” or “chiropractor” shall be synonymous
   71  with “chiropractic physician,” and each term shall be construed
   72  to mean a practitioner of chiropractic medicine as the same has
   73  been defined herein. Chiropractic physicians may analyze and
   74  diagnose the physical conditions of the human body to determine
   75  the abnormal functions of the human organism and to determine
   76  such functions as are abnormally expressed and the cause of such
   77  abnormal expression.
   78         (f) Any chiropractic physician who has complied with the
   79  provisions of this chapter is authorized to analyze and diagnose
   80  abnormal bodily functions and to adjust the physical
   81  representative of the primary cause of disease as is herein
   82  defined and provided. As an incident to the care of the sick,
   83  chiropractic physicians may advise and instruct patients in all
   84  matters pertaining to hygiene and sanitary measures as taught
   85  and approved by recognized chiropractic schools and colleges. A
   86  chiropractic physician may not use acupuncture until certified
   87  by the board. Certification shall be granted to chiropractic
   88  physicians who have satisfactorily completed the required
   89  coursework in acupuncture and after successful passage of an
   90  appropriate examination as administered by the department. The
   91  required coursework shall have been provided by a college or
   92  university which is recognized by an accrediting agency approved
   93  by the United States Department of Education.
   94         Section 2. Paragraph (d) of subsection (1) of section
   95  460.406, Florida Statutes, is amended to read:
   96         460.406 Licensure by examination.—
   97         (1) Any person desiring to be licensed as a chiropractic
   98  physician must apply to the department to take the licensure
   99  examination. There shall be an application fee set by the board
  100  not to exceed $100 which shall be nonrefundable. There shall
  101  also be an examination fee not to exceed $500 plus the actual
  102  per applicant cost to the department for purchase of portions of
  103  the examination from the National Board of Chiropractic
  104  Examiners or a similar national organization, which may be
  105  refundable if the applicant is found ineligible to take the
  106  examination. The department shall examine each applicant whom
  107  the board certifies has met all of the following criteria:
  108         (d)1. For an applicant who has matriculated in a
  109  chiropractic college before July 2, 1990, completed at least 2
  110  years of residence college work, consisting of a minimum of one
  111  half the work acceptable for a bachelor’s degree granted on the
  112  basis of a 4-year period of study, in a college or university
  113  accredited by an institutional accrediting agency recognized and
  114  approved by the United States Department of Education. However,
  115  before being certified by the board to sit for the examination,
  116  each applicant who has matriculated in a chiropractic college
  117  after July 1, 1990, must have been granted a bachelor’s degree,
  118  based upon 4 academic years of study, by a college or university
  119  accredited by an institutional accrediting agency that is a
  120  member of the Commission on Recognition of Postsecondary
  121  Accreditation or have produced a credentials evaluation report
  122  from a board-approved organization that deems the applicant’s
  123  education equivalent to a bachelor’s degree.
  124         2. Effective July 1, 2000, completed, before matriculation
  125  in a chiropractic college, at least 3 years of residence college
  126  work, consisting of a minimum of 90 semester hours leading to a
  127  bachelor’s degree in a liberal arts college or university
  128  accredited by an institutional accrediting agency recognized and
  129  approved by the United States Department of Education or
  130  produced a credentials evaluation report from a board-approved
  131  organization that deems the applicant’s education equivalent to
  132  a bachelor’s degree. However, before being certified by the
  133  board to sit for the examination, each applicant who has
  134  matriculated in a chiropractic college after July 1, 2000, must
  135  have been granted a bachelor’s degree from an institution
  136  holding accreditation for that degree from an institutional
  137  accrediting agency that is recognized by the United States
  138  Department of Education. The applicant’s chiropractic degree
  139  must consist of credits earned in the chiropractic program and
  140  may not include academic credit for courses from the bachelor’s
  141  degree.
  142  
  143  The board may require an applicant who graduated from an
  144  institution accredited by the Council on Chiropractic Education
  145  more than 10 years before the date of application to the board
  146  to take the National Board of Chiropractic Examiners Special
  147  Purposes Examination for Chiropractic, or its equivalent, as
  148  determined by the board. The board shall establish by rule a
  149  passing score.
  150         Section 3. This act shall take effect July 1, 2024.