Florida Senate - 2024                      CS for CS for SB 1474
       
       
        
       By the Committees on Rules; and Health Policy; and Senator
       Trumbull
       
       
       
       
       595-03796-24                                          20241474c2
    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; amending s. 460.406, F.S.;
    6         revising education requirements for licensure as a
    7         chiropractic physician; creating s. 460.4085, F.S.;
    8         requiring the Board of Chiropractic Medicine to
    9         establish minimum standards of practice for the
   10         performance of dry needling by chiropractic
   11         physicians, including specified education and training
   12         requirements and restrictions on such practice;
   13         authorizing the board to take specified actions at the
   14         request of a chiropractic physician; requiring the
   15         board to issue a chiropractic physician a letter
   16         certifying that he or she is authorized to perform dry
   17         needling if the chiropractic physician submits certain
   18         documentation to the board; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (9) of section 460.403, Florida
   24  Statutes, is amended to read:
   25         460.403 Definitions.—As used in this chapter, the term:
   26         (9)(a) “Practice of chiropractic medicine” means a
   27  noncombative principle and practice consisting of the science,
   28  philosophy, and art of the adjustment, manipulation, and
   29  treatment of the human body in which vertebral subluxations and
   30  other malpositioned articulations and structures that are
   31  interfering with the normal generation, transmission, and
   32  expression of nerve impulse between the brain, organs, and
   33  tissue cells of the body, thereby causing disease, are adjusted,
   34  manipulated, or treated, thus restoring the normal flow of nerve
   35  impulse which produces normal function and consequent health by
   36  chiropractic physicians using specific chiropractic adjustment
   37  or manipulation techniques taught in chiropractic colleges
   38  accredited by the Council on Chiropractic Education. No person
   39  other than a licensed chiropractic physician may render
   40  chiropractic services, chiropractic adjustments, or chiropractic
   41  manipulations.
   42         (b) Any chiropractic physician who has complied with the
   43  provisions of this chapter may examine, analyze, and diagnose
   44  the human living body and its diseases by the use of any
   45  physical, chemical, electrical, or thermal method; use the X ray
   46  for diagnosing; phlebotomize; and use any other general method
   47  of examination for diagnosis and analysis taught in any school
   48  of chiropractic.
   49         (c)1. Chiropractic physicians may adjust, manipulate, or
   50  treat the human body by manual, mechanical, electrical, or
   51  natural methods; by the use of physical means or physiotherapy,
   52  including light, heat, water, or exercise; by the use of
   53  acupuncture; by the use of monofilament intramuscular
   54  stimulation treatment, also known as dry needling, for trigger
   55  points or myofascial pain; or by the administration of foods,
   56  food concentrates, food extracts, and items for which a
   57  prescription is not required and may apply first aid and
   58  hygiene, but chiropractic physicians are expressly prohibited
   59  from prescribing or administering to any person any legend drug
   60  except as authorized under subparagraph 2., from performing any
   61  surgery except as stated herein, or from practicing obstetrics.
   62         2. Notwithstanding the prohibition against prescribing and
   63  administering legend drugs under subparagraph 1. or s.
   64  499.83(2)(c), pursuant to board rule chiropractic physicians may
   65  order, store, and administer, for emergency purposes only at the
   66  chiropractic physician’s office or place of business,
   67  prescription medical oxygen and may also order, store, and
   68  administer the following topical anesthetics in aerosol form:
   69         a. Any solution consisting of 25 percent ethylchloride and
   70  75 percent dichlorodifluoromethane.
   71         b. Any solution consisting of 15 percent
   72  dichlorodifluoromethane and 85 percent
   73  trichloromonofluoromethane.
   74  
   75  However, this paragraph does not authorize a chiropractic
   76  physician to prescribe medical oxygen as defined in s.
   77  499.82(10) chapter 499.
   78         (d) Chiropractic physicians shall have the privileges of
   79  services from the department’s laboratories.
   80         (e) The term “chiropractic medicine,” “chiropractic,”
   81  “doctor of chiropractic,” or “chiropractor” shall be synonymous
   82  with “chiropractic physician,” and each term shall be construed
   83  to mean a practitioner of chiropractic medicine as the same has
   84  been defined herein. Chiropractic physicians may analyze and
   85  diagnose the physical conditions of the human body to determine
   86  the abnormal functions of the human organism and to determine
   87  such functions as are abnormally expressed and the cause of such
   88  abnormal expression.
   89         (f) Any chiropractic physician who has complied with the
   90  provisions of this chapter is authorized to analyze and diagnose
   91  abnormal bodily functions and to adjust the physical
   92  representative of the primary cause of disease as is herein
   93  defined and provided. As an incident to the care of the sick,
   94  chiropractic physicians may advise and instruct patients in all
   95  matters pertaining to hygiene and sanitary measures as taught
   96  and approved by recognized chiropractic schools and colleges. A
   97  chiropractic physician may not use acupuncture until certified
   98  by the board. Certification shall be granted to chiropractic
   99  physicians who have satisfactorily completed the required
  100  coursework in acupuncture and after successful passage of an
  101  appropriate examination as administered by the department. The
  102  required coursework shall have been provided by a college or
  103  university which is recognized by an accrediting agency approved
  104  by the United States Department of Education.
  105         Section 2. Paragraph (d) of subsection (1) of section
  106  460.406, Florida Statutes, is amended to read:
  107         460.406 Licensure by examination.—
  108         (1) Any person desiring to be licensed as a chiropractic
  109  physician must apply to the department to take the licensure
  110  examination. There shall be an application fee set by the board
  111  not to exceed $100 which shall be nonrefundable. There shall
  112  also be an examination fee not to exceed $500 plus the actual
  113  per applicant cost to the department for purchase of portions of
  114  the examination from the National Board of Chiropractic
  115  Examiners or a similar national organization, which may be
  116  refundable if the applicant is found ineligible to take the
  117  examination. The department shall examine each applicant whom
  118  the board certifies has met all of the following criteria:
  119         (d)1. For an applicant who has matriculated in a
  120  chiropractic college before July 2, 1990, completed at least 2
  121  years of residence college work, consisting of a minimum of one
  122  half the work acceptable for a bachelor’s degree granted on the
  123  basis of a 4-year period of study, in a college or university
  124  accredited by an institutional accrediting agency recognized and
  125  approved by the United States Department of Education. However,
  126  before being certified by the board to sit for the examination,
  127  each applicant who has matriculated in a chiropractic college
  128  after July 1, 1990, must have been granted a bachelor’s degree,
  129  based upon 4 academic years of study, by a college or university
  130  accredited by an institutional accrediting agency that is a
  131  member of the Commission on Recognition of Postsecondary
  132  Accreditation or have produced a credentials evaluation report
  133  from a board-approved organization that deems the applicant’s
  134  education equivalent to a bachelor’s degree.
  135         2. Effective July 1, 2000, completed, before matriculation
  136  in a chiropractic college, at least 3 years of residence college
  137  work, consisting of a minimum of 90 semester hours leading to a
  138  bachelor’s degree in a liberal arts college or university
  139  accredited by an institutional accrediting agency recognized and
  140  approved by the United States Department of Education or have
  141  produced a credentials evaluation report from a board-approved
  142  organization that deems the applicant’s education equivalent to
  143  a bachelor’s degree. However, before being certified by the
  144  board to sit for the examination, each applicant who has
  145  matriculated in a chiropractic college after July 1, 2000, must
  146  have been granted a bachelor’s degree from an institution
  147  holding accreditation for that degree from an institutional
  148  accrediting agency that is recognized by the United States
  149  Department of Education or have produced a credentials
  150  evaluation report from a board-approved organization that deems
  151  the applicant’s education equivalent to a bachelor’s degree. The
  152  applicant’s chiropractic degree must consist of credits earned
  153  in the chiropractic program and may not include academic credit
  154  for courses from the bachelor’s degree.
  155  
  156  The board may require an applicant who graduated from an
  157  institution accredited by the Council on Chiropractic Education
  158  more than 10 years before the date of application to the board
  159  to take the National Board of Chiropractic Examiners Special
  160  Purposes Examination for Chiropractic, or its equivalent, as
  161  determined by the board. The board shall establish by rule a
  162  passing score.
  163         Section 3. Section 460.4085, Florida Statutes, is created
  164  to read:
  165         460.4085 Performance of dry needling by chiropractic
  166  physicians.—
  167         (1)The board shall establish minimum standards of practice
  168  for the performance of dry needling by chiropractic physicians,
  169  including, at a minimum, all of the following:
  170         (a)Completion of 40 hours of in-person continuing
  171  education on the topic of dry needling for chiropractic
  172  physicians not certified in chiropractic acupuncture and 24
  173  hours of such in-person continuing education for chiropractic
  174  physicians certified in chiropractic acupuncture, and passage of
  175  a written and practical examination. Online or distance-based
  176  courses do not qualify as approved hours to meet the dry
  177  needling certification requirements.
  178         1.Course content must be approved by one or more of the
  179  following entities before a chiropractic physician may take such
  180  course for purposes of meeting the continuing education
  181  requirements of this paragraph:
  182         a.An entity accredited in accordance with s. 460.408.
  183         b.The board.
  184         c.The American Chiropractic Association.
  185         d.The International Chiropractic Association.
  186         e.Providers of Approved Continuing Education.
  187         f.The American Medical Association.
  188         g.The American Osteopathic Association.
  189         2.The course instructor must be a licensed chiropractic
  190  physician, allopathic or osteopathic physician, or physical
  191  therapist holding a Doctor of Physical Therapy degree who has
  192  practiced dry needling for at least 5 years, either by
  193  instructing dry needling coursework at an accredited institution
  194  of higher education or treating patients using dry needling
  195  treatment in a professional office setting.
  196         3.The continuing education must include instruction in all
  197  of the following areas:
  198         a.Theory of dry needling.
  199         b.Selection and safe handling of needles and other
  200  apparatus or equipment used in dry needling, including
  201  instruction on the proper handling of biohazardous waste.
  202         c.Indications and contraindications for dry needling.
  203         d.Psychomotor skills needed to perform dry needling.
  204         e.Postintervention care, including adverse responses,
  205  adverse event recordkeeping, and any reporting obligations.
  206         (b)Completion of at least 10 patient sessions of dry
  207  needling performed under the supervision of a licensed
  208  chiropractic physician, allopathic or osteopathic physician, or
  209  physical therapist holding a Doctor of Physical Therapy degree
  210  who has actively performed dry needling for at least 1 year. A
  211  chiropractic physician must provide satisfactory documentation
  212  to the board demonstrating that he or she has met the
  213  supervision and competency requirements of this paragraph and
  214  does not need additional supervised sessions to perform dry
  215  needling.
  216         (c)A requirement that dry needling may not be performed
  217  without patient consent and education on the risks and adverse
  218  events that could occur. Such patient consent and education must
  219  be included as part of the patient’s documented plan of care.
  220         (d)A requirement that dry needling may not be delegated to
  221  any person other than a chiropractic physician who is authorized
  222  to engage in dry needling under this chapter.
  223         (2)At the request of a licensee, the board may do any of
  224  the following:
  225         (a)Review coursework completed before July 1, 2024, to be
  226  approved to satisfy the coursework requirements of this section.
  227         (b)Waive some or all of the hours or requirements of
  228  subsection (1) if the licensee presents satisfactory proof of
  229  completing coursework that constitutes adequate training of dry
  230  needling or of the components of education and training required
  231  for dry needling.
  232         (c)Determine whether the licensee has received adequate
  233  training to be eligible to perform dry needling.
  234         (3)When a chiropractic physician submits documentation to
  235  the board verifying completion of the required hours of
  236  education and training under this section, the board must issue
  237  the chiropractic physician a letter certifying that he or she is
  238  authorized to practice dry needling under this chapter.
  239         Section 4. This act shall take effect upon becoming a law.