Bill Text: FL S1134 | 2010 | Regular Session | Introduced
Bill Title: Chiropractic Medicine [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S1134 Detail]
Download: Florida-2010-S1134-Introduced.html
Florida Senate - 2010 SB 1134 By Senator Detert 23-00903-10 20101134__ 1 A bill to be entitled 2 An act relating to chiropractic medicine; amending s. 3 460.4062, F.S.; revising the requirements for a 4 chiropractic medicine faculty certificate; amending s. 5 460.4165, F.S.; providing that services rendered by a 6 certified chiropractic physician’s assistant under 7 indirect supervision may occur only at the supervising 8 chiropractic physician’s address of record; deleting 9 the length of time specified for the basic program of 10 education and training for certified chiropractic 11 physician’s assistants; amending s. 460.4166, F.S.; 12 requiring a person to register as a chiropractic 13 assistant if he or she renders therapeutic services or 14 administers therapeutic agents related to a 15 chiropractic physician’s treatment of a patient; 16 providing registration requirements for such persons; 17 requiring a registered chiropractic assistant to 18 notify the Board of Chiropractic Medicine of his or 19 her change of employment; providing that a person who 20 exclusively performs nontherapeutic services is not 21 required to register as a chiropractic assistant; 22 requiring the approval of certain supervising 23 chiropractic physicians by the board; providing an 24 effective date for the board’s approval; requiring a 25 fee for approval of a supervising chiropractic 26 physician or group of chiropractic physicians; 27 requiring the board to adopt by rule an application 28 form for the initial registration of a registered 29 chiropractic assistant, a form for the approval of 30 supervising chiropractic physicians, and the notice of 31 a change of employment for registered chiropractic 32 assistants; amending s. 460.4167, F.S.; authorizing 33 certain limited liability companies, limited 34 partnerships, professional associations, other 35 entities, health care clinics licensed under part X of 36 ch. 400, F.S., health maintenance organizations, or 37 prepaid health clinics to employ a chiropractic 38 physician or engage a chiropractic physician as an 39 independent contractor to provide services authorized 40 by ch. 460, F.S.; authorizing the spouse of a deceased 41 chiropractic physician to hold, operate, pledge, sell, 42 mortgage, assign, transfer, own, or control the 43 deceased chiropractic physician’s ownership interests 44 for a specified period of time after the chiropractic 45 physician’s death; amending s. 460.4167, F.S., 46 relating to proprietorships; deleting an obsolete 47 provision; providing effective dates. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Paragraph (e) of subsection (1) of section 52 460.4062, Florida Statutes, is amended to read: 53 460.4062 Chiropractic medicine faculty certificate.— 54 (1) The department may issue a chiropractic medicine 55 faculty certificate without examination to an individual who 56 remits a nonrefundable application fee, not to exceed $100 as 57 determined by rule of the board, and who demonstrates to the 58 board that he or she meets the following requirements: 59 (e)1. Has been offered and has accepted a full-time faculty 60 appointment to teach in a program of chiropractic medicine or 61 performs research at a publicly funded state university or 62 college or at a college of chiropractic located in the state and 63 accredited by the Council on Chiropractic Education; and 64 2. Provides a certification from the dean of the appointing 65 college acknowledging the appointment. 66 Section 2. Subsections (2) and (5) of section 460.4165, 67 Florida Statutes, are amended to read: 68 460.4165 Certified chiropractic physician’s assistants.— 69 (2) PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN’S 70 ASSISTANT.—Notwithstanding any other provision of law, a 71 certified chiropractic physician’s assistant may perform 72 chiropractic services in the specialty area or areas for which 73 the certified chiropractic physician’s assistant is trained or 74 experienced when such services are rendered under the 75 supervision of a licensed chiropractic physician or group of 76 chiropractic physicians certified by the board. Any certified 77 chiropractic physician’s assistant certified under this section 78 to perform services may perform those services only: 79 (a) In the office of the chiropractic physician to whom the 80 certified chiropractic physician’s assistant has been assigned, 81 in which office such physician maintains her or his primary 82 practice; 83 (b) Under indirect supervision if the indirect supervision 84 occurs at the supervising chiropractic physician’s address of 85 recordor place of practicerequired by s. 456.035, other than 86 at a clinic licensed under part X of chapter 400, of the 87 chiropractic physician to whom she or he is assigned as defined 88 by rule of the board; 89 (c) In a hospital in which the chiropractic physician to 90 whom she or he is assigned is a member of the staff; or 91 (d) On calls outside of the office of the chiropractic 92 physician to whom she or he is assigned, on the direct order of 93 the chiropractic physician to whom she or he is assigned. 94 (5) PROGRAM APPROVAL.—The department shall issue 95 certificates of approval for programs for the education and 96 training of certified chiropractic physician’s assistants which 97 meet board standards. Any basic program curriculum certified by 98 the board shallcover a period of 24 months. The curriculum must99 consist of a curriculum of at least 200 didactic classroom hours 100during those 24 months. 101 (a) In developing criteria for program approval, the board 102 shall give consideration to, and encourage, the utilization of 103 equivalency and proficiency testing and other mechanisms whereby 104 full credit is given to trainees for past education and 105 experience in health fields. 106 (b) The board shall create groups of specialty 107 classifications of training for certified chiropractic 108 physician’s assistants. These classifications shall reflect the 109 training and experience of the certified chiropractic 110 physician’s assistant. The certified chiropractic physician’s 111 assistant may receive training in one or more such 112 classifications, which shall be shown on the certificate issued. 113 (c) The board shall adopt and publish standards to ensure 114 that such programs operate in a manner which does not endanger 115 the health and welfare of the patients who receive services 116 within the scope of the program. The board shall review the 117 quality of the curricula, faculties, and facilities of such 118 programs; issue certificates of approval; and take whatever 119 other action is necessary to determine that the purposes of this 120 section are being met. 121 Section 3. Subsection (3) of section 460.4166, Florida 122 Statutes, is amended, and subsections (4) and (5) are added to 123 that section, to read: 124 460.4166 Registered chiropractic assistants.— 125 (3) REGISTRATION.— 126 (a) A registered chiropractic assistantassistantsmay 127 register withbe registered bythe board for a biennial fee not 128 to exceed $25. Effective April 1, 2012, a person must register 129 with the board as a chiropractic assistant if the person 130 performs therapeutic services or administers therapeutic agents 131 related to a chiropractic physician’s treatment of a patient, 132 unless the person is otherwise certified or licensed to perform 133 those services or administer those agents. 134 (b) A person employed as a registered chiropractic 135 assistant, if required to register under this section, must 136 submit an initial application for registration to the board 137 within 30 days after employment. Upon the board’s approval of 138 the application, the effective date of the registration shall 139 apply retroactively to the date of employment. 140 (c) A registered chiropractic assistant, within 30 days 141 after a change of employment, must notify the board of the new 142 place of employment and the name of the chiropractic physician 143 or group of chiropractic physicians under whose supervision the 144 registered chiropractic assistant performs the duties described 145 in subsection (2). 146 (d) A person who exclusively performs nontherapeutic 147 services is not required to register under this section. 148 (4) APPROVAL OF SUPERVISING CHIROPRACTIC PHYSICIANS.— 149 (a) A chiropractic physician or group of chiropractic 150 physicians under whose supervision a registered chiropractic 151 assistant performs the duties described in subsection (2) must 152 be approved by the board. If a registered chiropractic assistant 153 performs those duties under the direct supervision of a 154 certified chiropractic physician’s assistant, the chiropractic 155 physician or group of chiropractic physicians under whose 156 supervision the certified chiropractic physician’s assistant 157 provides direct supervision for the registered chiropractic 158 assistant must be approved by the board. 159 (b) If a registered chiropractic assistant changes 160 employment, the supervising chiropractic physician or group of 161 chiropractic physicians at the new place of employment must be 162 approved by the board. 163 (c) Upon approval of a supervising chiropractic physician 164 or group of chiropractic physicians, the effective date of the 165 board’s approval applies retroactively to the date of 166 employment. The board shall assess a fee for approval of a 167 supervising chiropractic physician or group of chiropractic 168 physicians which may not exceed $75. 169 (5) APPLICATION FORMS.—The board shall prescribe by rule 170 application forms for the initial registration of a registered 171 chiropractic assistant, the board’s approval of a supervising 172 chiropractic physician or group of chiropractic physicians, and 173 the registered chiropractic assistant’s notice of a change of 174 employment. 175 Section 4. Subsections (1) and (5) of section 460.4167, 176 Florida Statutes, are amended to read: 177 460.4167 Proprietorship by persons other than licensed 178 chiropractic physicians.— 179 (1) ANopersonother than a sole proprietorship, group180practice, partnership, or corporation that is wholly owned by181one or more chiropractic physicians licensed under this chapter182or by a chiropractic physician licensed under this chapter and183the spouse, parent, child, or sibling of that chiropractic184physicianmay not employ a chiropractic physician licensed under 185 this chapter or engage a chiropractic physician licensed under 186 this chapter as an independent contractor to provide services 187 authorized by this chapter to be offered by a chiropractic 188 physician licensed under this chapter, unless a person is any of 189 the followingexcept for: 190 (a) A sole proprietorship, group practice, partnership, 191 corporation, limited liability company, limited partnership, any 192 person, professional association, or any other entity that is 193 wholly owned by: 194 1. One or more chiropractic physicians licensed under this 195 chapter; 196 2. A chiropractic physician licensed under this chapter and 197 the spouse or surviving spouse, parent, child, or sibling of the 198 chiropractic physician; or 199 3. A trust whose trustees are chiropractic physicians 200 licensed under this chapter and the spouse, parent, child, or 201 sibling of a chiropractic physician. 202 (b)(a)A sole proprietorship, group practice, partnership, 203orcorporation, limited liability company, limited partnership, 204 professional association, or any other entity that is wholly 205 owned by a physician or physicians licensed under this chapter, 206 chapter 458, chapter 459, or chapter 461. 207 (c)(b)An entityEntitiesthat is whollyareowned, 208 directly or indirectly, by an entity licensed or registered by 209 the state under chapter 395. 210 (d)(c)A clinical facility that isfacilitiesaffiliated 211 with a college of chiropractic accredited by the Council on 212 Chiropractic Education at which training is provided for 213 chiropractic students. 214 (e)(d)A public or private university or college. 215 (f)(e)An entity wholly owned and operated by an 216 organization that is exempt from federal taxation under s. 217 501(c)(3) or (4) of the Internal Revenue Code, aanycommunity 218 college or university clinic, and any entity owned or operated 219 by the Federal Government or by state government, including any 220 agency, county, municipality, or other political subdivision 221 thereof. 222 (g)(f)An entity owned by a corporation the stock of which 223 is publicly traded. 224 (h)(g)A clinic licensed under part X of chapter 400 which 225thatprovides chiropractic services by a chiropractic physician 226 licensed under chapter 460 and other health care services by 227 physicians licensed under chapter 458 or,chapter 459,or228chapter 460,the medical director of which is licensed under 229 chapter 458 or chapter 459. 230 (i)(h)A state-licensed insurer. 231 (j) A health maintenance organization or prepaid health 232 clinic regulated under chapter 641. 233 234 If a chiropractic physician described in subparagraph (a)2. 235 dies, notwithstanding part X of chapter 400, the deceased 236 chiropractic physician’s surviving spouse may hold, operate, 237 pledge, sell, mortgage, assign, transfer, own, or control the 238 deceased chiropractic physician’s ownership interests for 1 year 239 after the chiropractic physician’s death. The chiropractic 240 practice must subsequently comply with this section and part X 241 of chapter 400. 242 (5) Any person who violates this section commits a felony 243 of the third degree, punishable as provided in s. 775.082s.244775.081, s. 775.083, or s. 775.084s.775.035. 245 Section 5. Effective July 1, 2011, subsection (6) of 246 section 460.4167, Florida Statutes, is amended to read: 247 460.4167 Proprietorship by persons other than licensed 248 chiropractic physicians.— 249 (6) Any contract or arrangement entered into or undertaken 250 in violation of this section isshall bevoid as contrary to 251 public policy.This section applies to contracts entered into or252renewed on or after July 1, 2008.253 Section 6. Except as otherwise expressly provided in this 254 act, this act shall take effect July 1, 2010.