Florida Senate - 2025                                     SB 564
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00615B-25                                           2025564__
    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 the
    5         ordering, storing, possessing, prescribing, and
    6         administering of articles of natural origin under
    7         certain circumstances by certain chiropractic
    8         physicians; authorizing pharmacists to fill the orders
    9         of such chiropractic physicians; amending s. 460.408,
   10         F.S.; deleting a requirement that all chiropractic
   11         continuing education be completed in a classroom
   12         setting; prohibiting the Board of Chiropractic
   13         Medicine from limiting the number of hours of
   14         continuing education a chiropractic physician may
   15         complete through distance learning; authorizing the
   16         board to make exceptions to continuing education
   17         requirements during a declared state of emergency in
   18         this state; specifying who may teach board-approved
   19         continuing education courses; requiring, rather than
   20         authorizing, the board to adopt rules; amending s.
   21         460.413, F.S.; revising grounds for disciplinary
   22         action to conform to changes made by the act; amending
   23         s. 460.4165, F.S.; revising certification requirements
   24         for certified chiropractic physician’s assistants;
   25         amending s. 627.736, F.S.; revising limitations on
   26         medical benefits in insurance policies providing
   27         personal injury protection; providing construction;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (9) of section 460.403, Florida
   33  Statutes, is amended to read:
   34         460.403 Definitions.—As used in this chapter, the term:
   35         (9)(a) “Practice of chiropractic medicine” means the
   36  application of a noncombative principle and practice consisting
   37  of the science, philosophy, and art of the adjustment,
   38  manipulation, and treatment of the human body to treat any in
   39  which vertebral subluxation or subluxations and other
   40  malpositioned articulation or structure articulations and
   41  structures that is are interfering with the normal generation,
   42  transmission, and expression of nerve impulse between the brain,
   43  organs, and tissue cells of the body and, thereby causing
   44  disease, as applied are adjusted, manipulated, or treated, thus
   45  restoring the normal flow of nerve impulse which produces normal
   46  function and consequent health by chiropractic physicians using
   47  specific chiropractic adjustment or manipulation techniques
   48  taught in chiropractic colleges accredited by the Council on
   49  Chiropractic Education to restore the normal flow of nerve
   50  impulse which produces normal function and consequent health. No
   51  person other than a licensed chiropractic physician may render
   52  chiropractic services, chiropractic adjustments, or chiropractic
   53  manipulations.
   54         (b) Any chiropractic physician who has complied with the
   55  provisions of this chapter may examine, analyze, and diagnose
   56  the human living body and its diseases by the use of any
   57  physical, chemical, electrical, or thermal method; use the X ray
   58  for diagnosing; phlebotomize; and use any other general method
   59  of examination for diagnosis and analysis taught in any school
   60  of chiropractic.
   61         (c)1. Chiropractic physicians may adjust, manipulate, or
   62  treat the human body by manual, mechanical, electrical, or
   63  natural methods; by the use of physical means or physiotherapy,
   64  including light, heat, water, or exercise; by the use of
   65  acupuncture; by the use of monofilament intramuscular
   66  stimulation treatment, also known as dry needling, for trigger
   67  points or myofascial pain; or by the administration of foods,
   68  food concentrates, food extracts, and items for which a
   69  prescription is not required and may apply first aid and
   70  hygiene, but chiropractic physicians are expressly prohibited
   71  from prescribing or administering to any person any legend drug
   72  except as authorized under subparagraphs 2. and 3. subparagraph
   73  2., from performing any surgery except as stated herein, or from
   74  practicing obstetrics.
   75         2. Notwithstanding the prohibition against prescribing and
   76  administering legend drugs under subparagraph 1. or s.
   77  499.83(2)(c), pursuant to board rule, chiropractic physicians
   78  may order, store, and administer prescription medical oxygen,
   79  for emergency purposes only, at the chiropractic physician’s
   80  office or place of business, prescription medical oxygen and may
   81  also order, store, and administer the following topical
   82  anesthetics in aerosol form:
   83         a. Any solution consisting of 25 percent ethylchloride and
   84  75 percent dichlorodifluoromethane.
   85         b. Any solution consisting of 15 percent
   86  dichlorodifluoromethane and 85 percent
   87  trichloromonofluoromethane.
   88         3.Notwithstanding the prohibition against prescribing and
   89  administering legend drugs under subparagraph 1. or s.
   90  499.83(2)(c), pursuant to board rule, chiropractic physicians
   91  who have completed a board-approved minimum of a 36-hour
   92  training course may order, store, possess, prescribe, and
   93  administer articles of natural origin, including vitamins,
   94  minerals, amino acids, fatty acids, hyaluronic acid, enzymes,
   95  saline, antioxidants, dextrose, glandulars, cellular components,
   96  extracts, water, botanicals, phytonutrients, and homeopathics,
   97  and may administer medical oxygen as defined in s. 499.82.
   98  Pharmacists licensed under chapter 465 may fill the orders of
   99  chiropractic physicians authorized to prescribe and administer
  100  articles of natural origin necessary for the practice of
  101  chiropractic medicine.
  102  
  103  However, this paragraph does not authorize a chiropractic
  104  physician to prescribe medical oxygen as defined in s.
  105  499.82(10).
  106         (d) Chiropractic physicians shall have the privileges of
  107  services from the department’s laboratories.
  108         (e) The term “chiropractic medicine,” “chiropractic,”
  109  “doctor of chiropractic,” or “chiropractor” is shall be
  110  synonymous with “chiropractic physician,” and each term must
  111  shall be construed to mean a practitioner of chiropractic
  112  medicine as the same has been defined herein. Chiropractic
  113  physicians may analyze and diagnose the physical conditions of
  114  the human body to determine the abnormal functions of the human
  115  organism and to determine whether such functions as are
  116  abnormally expressed and the cause of such abnormal expression.
  117         (f) Any chiropractic physician who has complied with the
  118  provisions of this chapter is authorized to analyze and diagnose
  119  abnormal bodily functions and to adjust the physical
  120  representative of the primary cause of disease as is herein
  121  defined and provided. As an incident to the care of the sick,
  122  chiropractic physicians may advise and instruct patients in all
  123  matters pertaining to hygiene and sanitary measures as taught
  124  and approved by recognized chiropractic schools and colleges. A
  125  chiropractic physician may not use acupuncture until certified
  126  by the board. Certification must shall be granted to
  127  chiropractic physicians who have satisfactorily completed the
  128  required coursework in acupuncture and successfully passed after
  129  successful passage of an appropriate examination as administered
  130  by the department. The required coursework must shall have been
  131  provided by a college or university which is recognized by an
  132  accrediting agency approved by the United States Department of
  133  Education.
  134         Section 2. Section 460.408, Florida Statutes, is amended to
  135  read:
  136         460.408 Continuing chiropractic education.—
  137         (1) The board shall require licensees to periodically
  138  demonstrate their professional competence periodically as a
  139  condition of renewal of a license by completing up to 40 contact
  140  classroom hours of continuing education.
  141         (a) Continuing education courses sponsored by board
  142  approved continuing education providers, or by chiropractic
  143  colleges whose graduates are eligible for examination under any
  144  provision of this chapter, may be approved upon review by the
  145  board if all other requirements of board rules setting forth
  146  criteria for course approval are met.
  147         (b) The board shall approve those courses that build upon
  148  the basic courses required for the practice of chiropractic
  149  medicine, and the board may also approve courses in adjunctive
  150  modalities. Courses that include consist of instruction in the
  151  use, application, prescription, recommendation, or
  152  administration of a specific company’s brand of products or
  153  services are not eligible for approval.
  154         (c)The board may not limit the number of approved
  155  continuing education hours that may be completed through
  156  distance learning.
  157         (2) The board may provide exceptions to make exception from
  158  the requirements of this section in emergency or hardship cases
  159  and during a declared state of emergency in this state.
  160         (3) Continuing education courses must be taught by a person
  161  who has at least one of the following qualifications:
  162         (a)Has a postgraduate degree, or a bachelor’s degree with
  163  at least 2 years of experience in the subject matter being
  164  taught;
  165         (b)Is a current faculty member of a chiropractic college
  166  or school maintaining standards approved by the board or is a
  167  current faculty member at a medical or osteopathic college or a
  168  university accredited by, or having status with, an accrediting
  169  agency, or its successor, recognized and approved by the United
  170  States Department of Education or by the Council for Higher
  171  Education Accreditation or its successor; or
  172         (c)Is a postgraduate-level instructor at a chiropractic
  173  college or school maintaining standards approved by the board or
  174  is a postgraduate-level instructor at a medical or osteopathic
  175  college or a university accredited by, or having status with, an
  176  accrediting agency, or its successor, recognized and approved by
  177  the United States Department of Education or by the Council for
  178  Higher Education Accreditation or its successor.
  179         (4) The board shall may adopt rules necessary to implement
  180  within the requirements of this section that are necessary for
  181  its implementation.
  182         Section 3. Paragraph (p) of subsection (1) of section
  183  460.413, Florida Statutes, is amended to read:
  184         460.413 Grounds for disciplinary action; action by board or
  185  department.—
  186         (1) The following acts constitute grounds for denial of a
  187  license or disciplinary action, as specified in s. 456.072(2):
  188         (p) Prescribing, dispensing, or administering any medicinal
  189  drug except as authorized by s. 460.403(9)(c)2. or 3. s.
  190  460.403(9)(c)2., performing any surgery, or practicing
  191  obstetrics.
  192         Section 4. Paragraph (b) of subsection (13) of section
  193  460.4165, Florida Statutes, is amended to read:
  194         460.4165 Certified chiropractic physician’s assistants.—
  195         (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION
  196  RENEWAL.—The certification must be renewed biennially.
  197         (b) Each certified chiropractic physician’s assistant shall
  198  biennially complete 24 hours of continuing education courses
  199  sponsored by chiropractic colleges accredited by the Council on
  200  Chiropractic Education and approved by the board. The board
  201  shall approve those courses that build upon the basic courses
  202  required for the practice of chiropractic medicine, and the
  203  board may also approve courses in adjunctive modalities. The
  204  board may make exception from the requirements of this section
  205  in emergency or hardship cases. The board may adopt rules
  206  necessary to implement within the requirements of this section
  207  which are necessary for its implementation.
  208         Section 5. Paragraph (a) of subsection (1) of section
  209  627.736, Florida Statutes, is amended to read:
  210         627.736 Required personal injury protection benefits;
  211  exclusions; priority; claims.—
  212         (1) REQUIRED BENEFITS.—An insurance policy complying with
  213  the security requirements of s. 627.733 must provide personal
  214  injury protection to the named insured, relatives residing in
  215  the same household unless excluded under s. 627.747, persons
  216  operating the insured motor vehicle, passengers in the motor
  217  vehicle, and other persons struck by the motor vehicle and
  218  suffering bodily injury while not an occupant of a self
  219  propelled vehicle, subject to subsection (2) and paragraph
  220  (4)(e), to a limit of $10,000 in medical and disability benefits
  221  and $5,000 in death benefits resulting from bodily injury,
  222  sickness, disease, or death arising out of the ownership,
  223  maintenance, or use of a motor vehicle as follows:
  224         (a) Medical benefits.—Eighty percent of all reasonable
  225  expenses for medically necessary medical, surgical, X-ray,
  226  dental, and rehabilitative services, including prosthetic
  227  devices and medically necessary ambulance, hospital, and nursing
  228  services if the individual receives initial services and care
  229  pursuant to subparagraph 1. within 14 days after the motor
  230  vehicle accident. The medical benefits provide reimbursement
  231  only for:
  232         1. Initial services and care that are lawfully provided,
  233  supervised, ordered, or prescribed by a physician licensed under
  234  chapter 458 or chapter 459, a dentist licensed under chapter
  235  466, a chiropractic physician licensed under chapter 460, or an
  236  advanced practice registered nurse registered under s. 464.0123
  237  or that are provided in a hospital or in a facility that owns,
  238  or is wholly owned by, a hospital. Initial services and care may
  239  also be provided by a person or entity licensed under part III
  240  of chapter 401 which provides emergency transportation and
  241  treatment.
  242         2. Upon referral by a provider described in subparagraph
  243  1., follow-up followup services and care consistent with the
  244  underlying medical diagnosis rendered pursuant to subparagraph
  245  1. which may be provided, supervised, ordered, or prescribed
  246  only by a physician licensed under chapter 458 or chapter 459, a
  247  chiropractic physician licensed under chapter 460, a dentist
  248  licensed under chapter 466, or an advanced practice registered
  249  nurse registered under s. 464.0123, or, to the extent permitted
  250  by applicable law and under the supervision of such physician,
  251  osteopathic physician, chiropractic physician, or dentist, by a
  252  physician assistant licensed under chapter 458 or chapter 459 or
  253  an advanced practice registered nurse licensed under chapter
  254  464. Follow-up Followup services and care may also be provided
  255  by the following persons or entities:
  256         a. A hospital or ambulatory surgical center licensed under
  257  chapter 395.
  258         b. An entity wholly owned by one or more physicians
  259  licensed under chapter 458 or chapter 459, chiropractic
  260  physicians licensed under chapter 460, advanced practice
  261  registered nurses registered under s. 464.0123, or dentists
  262  licensed under chapter 466 or by such practitioners and the
  263  spouse, parent, child, or sibling of such practitioners.
  264         c. An entity that owns or is wholly owned, directly or
  265  indirectly, by a hospital or hospitals.
  266         d. A physical therapist licensed under chapter 486, based
  267  upon a referral by a provider described in this subparagraph.
  268         e. A health care clinic licensed under part X of chapter
  269  400 which is accredited by an accrediting organization whose
  270  standards incorporate comparable regulations required by this
  271  state, or
  272         (I) Has a medical director licensed under chapter 458,
  273  chapter 459, or chapter 460;
  274         (II) Has been continuously licensed for more than 3 years
  275  or is a publicly traded corporation that issues securities
  276  traded on an exchange registered with the United States
  277  Securities and Exchange Commission as a national securities
  278  exchange; and
  279         (III) Provides at least four of the following medical
  280  specialties:
  281         (A) General medicine.
  282         (B) Radiography.
  283         (C) Orthopedic medicine.
  284         (D) Physical medicine.
  285         (E) Physical therapy.
  286         (F) Physical rehabilitation.
  287         (G) Prescribing or dispensing outpatient prescription
  288  medication.
  289         (H) Laboratory services.
  290         3. Reimbursement for services and care provided in
  291  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
  292  licensed under chapter 458 or chapter 459, a dentist licensed
  293  under chapter 466, a physician assistant licensed under chapter
  294  458 or chapter 459, or an advanced practice registered nurse
  295  licensed under chapter 464 has determined that the injured
  296  person had an emergency medical condition.
  297         4. Reimbursement for services and care provided in
  298  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
  299  provider listed in subparagraph 1. or subparagraph 2. determines
  300  that the injured person did not have an emergency medical
  301  condition.
  302         5. Medical benefits do not include massage therapy as
  303  defined in s. 480.033 or acupuncture as defined in s. 457.102,
  304  regardless of the person, entity, or licensee providing massage
  305  therapy or acupuncture, and a licensed massage therapist or
  306  licensed acupuncturist may not be reimbursed for medical
  307  benefits in such licensed capacities under this section. A
  308  person licensed as a massage therapist under chapter 480 or as
  309  an acupuncturist under chapter 457 may be reimbursed for medical
  310  benefits under this section only if he or she holds
  311  qualifications or licensure, other than as a massage therapist
  312  or an acupuncturist, which independently authorizes his or her
  313  services or care to be eligible for reimbursement as specified
  314  in subparagraph 1. or subparagraph 2.
  315         6. The Financial Services Commission shall adopt by rule
  316  the form that must be used by an insurer and a health care
  317  provider specified in sub-subparagraph 2.b., sub-subparagraph
  318  2.c., or sub-subparagraph 2.e. to document that the health care
  319  provider meets the criteria of this paragraph. Such rule must
  320  include a requirement for a sworn statement or affidavit.
  321  
  322  Only insurers writing motor vehicle liability insurance in this
  323  state may provide the required benefits of this section, and
  324  such insurer may not require the purchase of any other motor
  325  vehicle coverage other than the purchase of property damage
  326  liability coverage as required by s. 627.7275 as a condition for
  327  providing such benefits. Insurers may not require that property
  328  damage liability insurance in an amount greater than $10,000 be
  329  purchased in conjunction with personal injury protection. Such
  330  insurers shall make benefits and required property damage
  331  liability insurance coverage available through normal marketing
  332  channels. An insurer writing motor vehicle liability insurance
  333  in this state who fails to comply with such availability
  334  requirement as a general business practice violates part IX of
  335  chapter 626, and such violation constitutes an unfair method of
  336  competition or an unfair or deceptive act or practice involving
  337  the business of insurance. An insurer committing such violation
  338  is subject to the penalties provided under that part, as well as
  339  those provided elsewhere in the insurance code.
  340         Section 6. This act shall take effect July 1, 2025.