Florida Senate - 2026                                     SB 192
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00484-26                                            2026192__
    1                        A bill to be entitled                      
    2         An act relating to patient funds held in trust by
    3         chiropractic physicians; amending s. 460.413, F.S.;
    4         deleting the limitation on the amount of patient funds
    5         a chiropractic physician may hold in trust for
    6         specified purposes; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (y) of subsection (1) of section
   11  460.413, Florida Statutes, is amended to read:
   12         460.413 Grounds for disciplinary action; action by board or
   13  department.—
   14         (1) The following acts constitute grounds for denial of a
   15  license or disciplinary action, as specified in s. 456.072(2):
   16         (y) Failing to preserve identity of funds and property of a
   17  patient, the value of which is greater than $501. As provided by
   18  rule of the board, money or other property entrusted to a
   19  chiropractic physician for a specific purpose, including
   20  advances for costs and expenses of examination or treatment
   21  which may not exceed the value of $1,500, is to be held in trust
   22  and must be applied only to that purpose. Money and other
   23  property of patients coming into the hands of a chiropractic
   24  physician are not subject to counterclaim or setoff for
   25  chiropractic physician’s fees, and a refusal to account for and
   26  deliver over such money and property upon demand shall be deemed
   27  a conversion. This is not to preclude the retention of money or
   28  other property upon which the chiropractic physician has a valid
   29  lien for services or to preclude the payment of agreed fees from
   30  the proceeds of transactions for examinations or treatments.
   31  Controversies as to the amount of the fees are not grounds for
   32  disciplinary proceedings unless the amount demanded is clearly
   33  excessive or extortionate, or the demand is fraudulent. All
   34  funds of patients paid to a chiropractic physician, other than
   35  advances for costs and expenses, shall be deposited into one or
   36  more identifiable bank accounts maintained in the state in which
   37  the chiropractic physician’s office is situated, and funds
   38  belonging to the chiropractic physician may not be deposited
   39  therein except as follows:
   40         1. Funds reasonably sufficient to pay bank charges may be
   41  deposited therein.
   42         2. Funds belonging in part to a patient and in part
   43  presently or potentially to the physician must be deposited
   44  therein, but the portion belonging to the physician may be
   45  withdrawn when due unless the right of the physician to receive
   46  it is disputed by the patient, in which event the disputed
   47  portion may not be withdrawn until the dispute is finally
   48  resolved.
   49  
   50  Every chiropractic physician shall maintain complete records of
   51  all funds, securities, and other properties of a patient coming
   52  into the possession of the physician and render appropriate
   53  accounts to the patient regarding them. In addition, every
   54  chiropractic physician shall promptly pay or deliver to the
   55  patient, as requested by the patient, the funds, securities, or
   56  other properties in the possession of the physician which the
   57  patient is entitled to receive.
   58         Section 2. This act shall take effect July 1, 2026.