Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1242
       
       
       
       
       
       
                                Ì8860467Î886046                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health Policy (Rouson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 460.402, Florida
    6  Statutes, is amended to read:
    7         460.402 Exceptions.—The provisions of this chapter shall
    8  not apply to:
    9         (6) A chiropractic student enrolled in a chiropractic
   10  school, college, or program accredited by an accrediting agency
   11  recognized by the United States Department of Education or the
   12  Council for Higher Education Accreditation the Council on
   13  Chiropractic Education and participating in either:
   14         (a) A community-based internship under the direct
   15  supervision of a doctor of chiropractic medicine who is
   16  credentialed as an adjunct faculty member of a chiropractic
   17  college in which the student is enrolled; or
   18         (b) A chiropractic college clinical internship under the
   19  direct supervision of a doctor of chiropractic medicine who is a
   20  full-time, part-time, or adjunct faculty member of a
   21  chiropractic college located in this state and accredited by an
   22  accrediting agency recognized by the United States Department of
   23  Education or the Council for Higher Education Accreditation the
   24  Council on Chiropractic Education and who holds a current,
   25  active Florida chiropractor’s license.
   26         Section 2. Subsection (4) and paragraph (a) of subsection
   27  (9) of section 460.403, Florida Statutes, are amended to read:
   28         460.403 Definitions.—As used in this chapter, the term:
   29         (4)(a) “Community-based internship” means a program in
   30  which a student enrolled in the last year of a chiropractic
   31  college accredited by an accrediting agency recognized by the
   32  United States Department of Education or the Council for Higher
   33  Education Accreditation the Council on Chiropractic Education is
   34  approved to obtain required pregraduation clinical experience in
   35  a chiropractic clinic or practice under the direct supervision
   36  of a doctor of chiropractic medicine approved as an adjunct
   37  faculty member of the chiropractic college in which the student
   38  is enrolled, according to the teaching protocols for the
   39  clinical practice requirements of the college.
   40         (b) “Chiropractic college clinical internship” means a
   41  program in which a student enrolled in a chiropractic college
   42  located in this state and accredited by an accrediting agency
   43  recognized by the United States Department of Education or the
   44  Council for Higher Education Accreditation the Council on
   45  Chiropractic Education obtains clinical experience pursuant to
   46  the chiropractic college’s curriculum in a classroom or
   47  chiropractic clinic operated by the chiropractic college,
   48  according to the teaching protocols for the clinical practice
   49  requirements of the college.
   50         (9)(a) “Practice of chiropractic medicine” means a
   51  noncombative principle and practice consisting of the science,
   52  philosophy, and art of the adjustment, manipulation, and
   53  treatment of the human body in which vertebral subluxations and
   54  other malpositioned articulations and structures that are
   55  interfering with the normal generation, transmission, and
   56  expression of nerve impulse between the brain, organs, and
   57  tissue cells of the body, thereby causing disease, are adjusted,
   58  manipulated, or treated, thus restoring the normal flow of nerve
   59  impulse which produces normal function and consequent health by
   60  chiropractic physicians using specific chiropractic adjustment
   61  or manipulation techniques taught in chiropractic colleges
   62  accredited by an accrediting agency recognized by the United
   63  States Department of Education or the Council for Higher
   64  Education Accreditation the Council on Chiropractic Education.
   65  No person other than a licensed chiropractic physician may
   66  render chiropractic services, chiropractic adjustments, or
   67  chiropractic manipulations.
   68         Section 3. Subsections (1) and (5) of section 460.406,
   69  Florida Statutes, are amended to read:
   70         460.406 Licensure by examination.—
   71         (1) Any person desiring to be licensed as a chiropractic
   72  physician must apply to the department to take the licensure
   73  examination. There shall be an application fee set by the board
   74  not to exceed $100 which shall be nonrefundable. There shall
   75  also be an examination fee not to exceed $500 plus the actual
   76  per applicant cost to the department for purchase of portions of
   77  the examination from the National Board of Chiropractic
   78  Examiners or a similar national organization, which may be
   79  refundable if the applicant is found ineligible to take the
   80  examination. The department shall examine each applicant who the
   81  board certifies has:
   82         (a) Completed the application form and remitted the
   83  appropriate fee.
   84         (b) Submitted proof satisfactory to the department that he
   85  or she is not less than 18 years of age.
   86         (c) Submitted proof satisfactory to the department that he
   87  or she is a graduate of a chiropractic college which is
   88  accredited by an accrediting agency recognized by the United
   89  States Department of Education or the Council for Higher
   90  Education Accreditation or has status with the Council on
   91  Chiropractic Education or its predecessor agency. However, any
   92  applicant who is a graduate of a chiropractic college that was
   93  initially accredited by the Council on Chiropractic Education in
   94  1995, who graduated from such college within the 4 years
   95  immediately preceding such accreditation, and who is otherwise
   96  qualified shall be eligible to take the examination. No
   97  application for a license to practice chiropractic medicine
   98  shall be denied solely because the applicant is a graduate of a
   99  chiropractic college that subscribes to one philosophy of
  100  chiropractic medicine as distinguished from another.
  101         (d)1. For an applicant who has matriculated in a
  102  chiropractic college before prior to July 2, 1990, completed at
  103  least 2 years of residence college work, consisting of a minimum
  104  of one-half the work acceptable for a bachelor’s degree granted
  105  on the basis of a 4-year period of study, in a college or
  106  university accredited by an accrediting agency recognized and
  107  approved by the United States Department of Education. However,
  108  before prior to being certified by the board to sit for the
  109  examination, each applicant who has matriculated in a
  110  chiropractic college after July 1, 1990, shall have been granted
  111  a bachelor’s degree, based upon 4 academic years of study, by a
  112  college or university accredited by a regional accrediting
  113  agency which is a member of the Commission on Recognition of
  114  Postsecondary Accreditation.
  115         2. Effective July 1, 2000, completed, before prior to
  116  matriculation in a chiropractic college, at least 3 years of
  117  residence college work, consisting of a minimum of 90 semester
  118  hours leading to a bachelor’s degree in a liberal arts college
  119  or university accredited by an accrediting agency recognized and
  120  approved by the United States Department of Education. However,
  121  before prior to being certified by the board to sit for the
  122  examination, each applicant who has matriculated in a
  123  chiropractic college after July 1, 2000, shall have been granted
  124  a bachelor’s degree from an institution holding accreditation
  125  for that degree from a regional accrediting agency which is
  126  recognized by the United States Department of Education. The
  127  applicant’s chiropractic degree must consist of credits earned
  128  in the chiropractic program and may not include academic credit
  129  for courses from the bachelor’s degree.
  130         (e) Successfully completed the National Board of
  131  Chiropractic Examiners certification examination in parts I, II,
  132  III, and IV, and the physiotherapy examination of the National
  133  Board of Chiropractic Examiners, with a score approved by the
  134  board.
  135         (f) Submitted to the department a set of fingerprints on a
  136  form and under procedures specified by the department, along
  137  with payment in an amount equal to the costs incurred by the
  138  Department of Health for the criminal background check of the
  139  applicant.
  140  
  141  The board may require an applicant who graduated from an
  142  institution accredited by the Council on Chiropractic Education
  143  more than 10 years before the date of application to the board
  144  to take the National Board of Chiropractic Examiners Special
  145  Purposes Examination for Chiropractic, or its equivalent, as
  146  determined by the board. The board shall establish by rule a
  147  passing score.
  148         (5) A student in a school or college of chiropractic
  149  accredited by an accrediting agency recognized by the United
  150  States Department of Education or the Council for Higher
  151  Education Accreditation the Council on Chiropractic Education or
  152  its successor in the final year of the program may file an
  153  application pursuant to subsection (1), take all examinations
  154  required for licensure, and submit a set of fingerprints, and
  155  pay all fees required for licensure. A chiropractic student who
  156  successfully completes the licensure examinations and who
  157  otherwise meets all requirements for licensure as a chiropractic
  158  physician during the student’s final year must have graduated
  159  before being certified for licensure pursuant to this section.
  160         Section 4. Subsection (1) of section 460.4062, Florida
  161  Statutes, are amended to read:
  162         460.4062 Chiropractic medicine faculty certificate.—
  163         (1) The department may issue a chiropractic medicine
  164  faculty certificate without examination to an individual who
  165  remits a nonrefundable application fee, not to exceed $100 as
  166  determined by rule of the board, and who demonstrates to the
  167  board that he or she meets the following requirements:
  168         (a) Is a graduate of a an accredited school or college of
  169  chiropractic accredited by an accrediting agency recognized by
  170  the United States Department of Education or the Council for
  171  Higher Education Accreditation the Council on Chiropractic
  172  Education.
  173         (b) Holds a valid current license to practice chiropractic
  174  medicine in another jurisdiction in the United States.
  175         (c) Is at least 21 years of age and of good moral
  176  character.
  177         (d) Has not committed any act or offense in any
  178  jurisdiction which would constitute the basis for discipline
  179  under this chapter or chapter 456.
  180         (e)1. Performs research or has been offered and has
  181  accepted a full-time or part-time faculty appointment to teach
  182  in a program of chiropractic medicine at a publicly funded state
  183  university or college or at a college of chiropractic located in
  184  the state and accredited by an accrediting agency recognized by
  185  the United States Secretary of Education or the Council for
  186  Higher Education Accreditation the Council on Chiropractic
  187  Education; and
  188         2. Provides a certification from the dean of the appointing
  189  college acknowledging the appointment.
  190         Section 5. Paragraph (a) of subsection (1) of section
  191  460.4061, Florida Statutes, is amended to read:
  192         460.4061 Restricted license.—
  193         (1) An applicant for licensure as a chiropractic physician
  194  may apply to the department for a restricted license without
  195  undergoing a state or national written or clinical competency
  196  examination for licensure if the applicant initially applies not
  197  later than October 31, 1994, for the restricted license and:
  198         (a) Holds a degree from a college of chiropractic
  199  accredited by an accrediting agency recognized by the United
  200  States Secretary of Education or the Council for Higher
  201  Education Accreditation the Council on Chiropractic Education or
  202  its predecessor agency and holds a bachelor’s degree.
  203         Section 6. Paragraph (b) of subsection (13) of section
  204  460.4165, Florida Statutes, is amended to read:
  205         460.4165 Certified chiropractic physician’s assistants.—
  206         (13) CERTIFIED CHIROPRACTIC ASSISTANT CERTIFICATION
  207  RENEWAL.—The certification must be renewed biennially.
  208         (b) Each certified chiropractic physician’s assistant shall
  209  biennially complete 24 hours of continuing education courses
  210  approved by the board and sponsored by an accrediting agency
  211  recognized by the United States Department of Education or the
  212  Council for Higher Education Accreditation chiropractic colleges
  213  accredited by the Council on Chiropractic Education and approved
  214  by the board. The board shall approve those courses that build
  215  upon the basic courses required for the practice of chiropractic
  216  medicine, and the board may also approve courses in adjunctive
  217  modalities. The board may make exception from the requirements
  218  of this section in emergency or hardship cases. The board may
  219  adopt rules within the requirements of this section which are
  220  necessary for its implementation.
  221         Section 7. Paragraph (d) of subsection (1) of section
  222  460.4167, Florida Statutes, is amended to read:
  223         460.4167 Proprietorship by persons other than licensed
  224  chiropractic physicians.—
  225         (1) A person may not employ a chiropractic physician
  226  licensed under this chapter or engage a chiropractic physician
  227  licensed under this chapter as an independent contractor to
  228  provide services that chiropractic physicians are authorized to
  229  offer under this chapter, unless the person is any of the
  230  following:
  231         (d) A clinical facility that is affiliated with a college
  232  of chiropractic accredited by an accrediting agency recognized
  233  by the United States Department of Education or the Council for
  234  Higher Education Accreditation the Council on Chiropractic
  235  Education at which training is provided for chiropractic
  236  students.
  237         Section 8. Paragraph (j) of subsection (4) of section
  238  400.9905, Florida Statutes, is amended to read:
  239         400.9905 Definitions.—
  240         (4) “Clinic” means an entity where health care services are
  241  provided to individuals and which tenders charges for
  242  reimbursement for such services, including a mobile clinic and a
  243  portable equipment provider. As used in this part, the term does
  244  not include and the licensure requirements of this part do not
  245  apply to:
  246         (j) Clinical facilities affiliated with a college of
  247  chiropractic accredited by an accrediting agency recognized by
  248  the United States Department of Education or the Council for
  249  Higher Education Accreditation the Council on Chiropractic
  250  Education at which training is provided for chiropractic
  251  students.
  252  
  253  Notwithstanding this subsection, an entity shall be deemed a
  254  clinic and must be licensed under this part in order to receive
  255  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
  256  627.730-627.7405, unless exempted under s. 627.736(5)(h).
  257         Section 9. This act shall take effect upon becoming a law.
  258  
  259  ================= T I T L E  A M E N D M E N T ================
  260  And the title is amended as follows:
  261         Delete everything before the enacting clause
  262  and insert:
  263                        A bill to be entitled                      
  264         An act relating to chiropractors; amending s. 460.402,
  265         F.S.; revising an exemption from regulation under ch.
  266         460, F.S., for certain chiropractic students; amending
  267         s. 460.406, F.S.; revising application requirements
  268         for licensure by examination; amending s. 460.4062,
  269         F.S.; revising requirements for the issuance of a
  270         chiropractic medicine faculty certificate without
  271         examination; conforming a provision to changes made by
  272         the act; amending ss. 460.403, 460.4061, 460.4165,
  273         460.4167, and 400.9905, F.S.; conforming provisions to
  274         changes made by the act; providing an effective date.