Florida Senate - 2012                       CS for CS for SB 470
       
       
       
       By the Committees on Budget Subcommittee on Health and Human
       Services Appropriations; and Health Regulation; and Senator
       Jones
       
       
       603-02262-12                                           2012470c2
    1                        A bill to be entitled                      
    2         An act relating to chiropractic medicine; amending s.
    3         460.4062, F.S.; revising the requirements for
    4         obtaining a chiropractic medicine faculty certificate;
    5         amending s. 460.408, F.S.; authorizing the Board of
    6         Chiropractic Medicine to approve continuing education
    7         courses sponsored by chiropractic colleges under
    8         certain circumstances; prohibiting the board from
    9         approving certain courses in continuing chiropractic
   10         education; amending s. 460.406, F.S.; revising
   11         requirements for a person who desires to be licensed
   12         as a chiropractic physician; amending s. 460.413,
   13         F.S.; requiring that a chiropractic physician preserve
   14         the identity of funds or property of a patient in
   15         excess of a specified amount; limiting the amount that
   16         may be advanced to a chiropractic physician for
   17         certain costs and expenses; amending s. 460.4165,
   18         F.S.; providing that services rendered by a certified
   19         chiropractic physician’s assistant under indirect
   20         supervision may occur only at the supervising
   21         chiropractic physician’s address of record; deleting
   22         the length of time specified for the basic program of
   23         education and training for certified chiropractic
   24         physician’s assistants; amending s. 460.4167, F.S.;
   25         authorizing certain sole proprietorships, group
   26         practices, partnerships, corporations, limited
   27         liability companies, limited partnerships,
   28         professional associations, other entities, health care
   29         clinics licensed under part X of ch. 400, F.S., health
   30         maintenance organizations, or prepaid health clinics
   31         to employ a chiropractic physician or engage a
   32         chiropractic physician as an independent contractor to
   33         provide services authorized by ch. 460, F.S.;
   34         authorizing the spouse or adult children of a deceased
   35         chiropractic physician to hold, operate, pledge, sell,
   36         mortgage, assign, transfer, own, or control the
   37         deceased chiropractic physician’s ownership interests
   38         under certain conditions; authorizing an employer that
   39         employs a chiropractic physician to exercise control
   40         over the patient records of the employed chiropractic
   41         physician, the policies and decisions relating to
   42         pricing, credit, refunds, warranties, and advertising,
   43         and the decisions relating to office personnel and
   44         hours of practice; deleting an obsolete provision;
   45         providing an effective date.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraph (e) of subsection (1) of section
   50  460.4062, Florida Statutes, is amended to read:
   51         460.4062 Chiropractic medicine faculty certificate.—
   52         (1) The department may issue a chiropractic medicine
   53  faculty certificate without examination to an individual who
   54  remits a nonrefundable application fee, not to exceed $100 as
   55  determined by rule of the board, and who demonstrates to the
   56  board that he or she meets the following requirements:
   57         (e)1. Performs research or has been offered and has
   58  accepted a full-time or part-time faculty appointment to teach
   59  in a program of chiropractic medicine at a publicly funded state
   60  university or college or at a college of chiropractic located in
   61  the state and accredited by the Council on Chiropractic
   62  Education; and
   63         2. Provides a certification from the dean of the appointing
   64  college acknowledging the appointment.
   65         Section 2. Subsection (1) of section 460.408, Florida
   66  Statutes, is amended to read:
   67         460.408 Continuing chiropractic education.—
   68         (1) The board shall require licensees to periodically
   69  demonstrate their professional competence as a condition of
   70  renewal of a license by completing up to 40 contact classroom
   71  hours of continuing education.
   72         (a) Continuing education courses sponsored by chiropractic
   73  colleges whose graduates are eligible for examination under any
   74  provision of this chapter may shall be approved upon review by
   75  the board if all other requirements of board rules setting forth
   76  criteria for course approval are met.
   77         (b) The board shall approve those courses that build upon
   78  the basic courses required for the practice of chiropractic
   79  medicine, and the board may also approve courses in adjunctive
   80  modalities. Courses that consist of instruction in the use,
   81  application, prescription, recommendation, or administration of
   82  a specific company’s brand of products or services are not
   83  eligible for approval.
   84         Section 3. Paragraph (e) of subsection (1) of section
   85  460.406, Florida Statutes, is amended to read:
   86         460.406 Licensure by examination.—
   87         (1) Any person desiring to be licensed as a chiropractic
   88  physician must apply to the department to take the licensure
   89  examination. There shall be an application fee set by the board
   90  not to exceed $100 which shall be nonrefundable. There shall
   91  also be an examination fee not to exceed $500 plus the actual
   92  per applicant cost to the department for purchase of portions of
   93  the examination from the National Board of Chiropractic
   94  Examiners or a similar national organization, which may be
   95  refundable if the applicant is found ineligible to take the
   96  examination. The department shall examine each applicant who the
   97  board certifies has:
   98         (e) Successfully completed the National Board of
   99  Chiropractic Examiners certification examination in parts I, II,
  100  and III, and IV, and the physiotherapy examination of the
  101  National Board of Chiropractic Examiners, with a score approved
  102  by the board.
  103  
  104  The board may require an applicant who graduated from an
  105  institution accredited by the Council on Chiropractic Education
  106  more than 10 years before the date of application to the board
  107  to take the National Board of Chiropractic Examiners Special
  108  Purposes Examination for Chiropractic, or its equivalent, as
  109  determined by the board. The board shall establish by rule a
  110  passing score.
  111         Section 4. Paragraph (y) of subsection (1) of section
  112  460.413, Florida Statutes, is amended to read:
  113         460.413 Grounds for disciplinary action; action by board or
  114  department.—
  115         (1) The following acts constitute grounds for denial of a
  116  license or disciplinary action, as specified in s. 456.072(2):
  117         (y) Failing to preserve identity of funds and property of a
  118  patient, the value of which is greater than $501. As provided by
  119  rule of the board, money or other property entrusted to a
  120  chiropractic physician for a specific purpose, including
  121  advances for costs and expenses of examination or treatment
  122  which may not exceed the value of $1,500, is to be held in trust
  123  and must be applied only to that purpose. Money and other
  124  property of patients coming into the hands of a chiropractic
  125  physician are not subject to counterclaim or setoff for
  126  chiropractic physician’s fees, and a refusal to account for and
  127  deliver over such money and property upon demand shall be deemed
  128  a conversion. This is not to preclude the retention of money or
  129  other property upon which the chiropractic physician has a valid
  130  lien for services or to preclude the payment of agreed fees from
  131  the proceeds of transactions for examinations or treatments.
  132  Controversies as to the amount of the fees are not grounds for
  133  disciplinary proceedings unless the amount demanded is clearly
  134  excessive or extortionate, or the demand is fraudulent. All
  135  funds of patients paid to a chiropractic physician, other than
  136  advances for costs and expenses, shall be deposited into in one
  137  or more identifiable bank accounts maintained in the state in
  138  which the chiropractic physician’s office is situated, and no
  139  funds belonging to the chiropractic physician may not shall be
  140  deposited therein except as follows:
  141         1. Funds reasonably sufficient to pay bank charges may be
  142  deposited therein.
  143         2. Funds belonging in part to a patient and in part
  144  presently or potentially to the physician must be deposited
  145  therein, but the portion belonging to the physician may be
  146  withdrawn when due unless the right of the physician to receive
  147  it is disputed by the patient, in which event the disputed
  148  portion may shall not be withdrawn until the dispute is finally
  149  resolved.
  150  
  151  Every chiropractic physician shall maintain complete records of
  152  all funds, securities, and other properties of a patient coming
  153  into the possession of the physician and render appropriate
  154  accounts to the patient regarding them. In addition, every
  155  chiropractic physician shall promptly pay or deliver to the
  156  patient, as requested by the patient, the funds, securities, or
  157  other properties in the possession of the physician which the
  158  patient is entitled to receive.
  159         Section 5. Subsections (2) and (5) of section 460.4165,
  160  Florida Statutes, are amended to read:
  161         460.4165 Certified chiropractic physician’s assistants.—
  162         (2) PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN’S
  163  ASSISTANT.—Notwithstanding any other provision of law, a
  164  certified chiropractic physician’s assistant may perform
  165  chiropractic services in the specialty area or areas for which
  166  the certified chiropractic physician’s assistant is trained or
  167  experienced when such services are rendered under the
  168  supervision of a licensed chiropractic physician or group of
  169  chiropractic physicians certified by the board. Any certified
  170  chiropractic physician’s assistant certified under this section
  171  to perform services may perform those services only:
  172         (a) In the office of the chiropractic physician to whom the
  173  certified chiropractic physician’s assistant has been assigned,
  174  in which office such physician maintains her or his primary
  175  practice;
  176         (b) Under indirect supervision if the indirect supervision
  177  occurs at the supervising chiropractic physician’s address of
  178  record or place of practice required by s. 456.035, other than
  179  at a clinic licensed under part X of chapter 400, of the
  180  chiropractic physician to whom she or he is assigned as defined
  181  by rule of the board;
  182         (c) In a hospital in which the chiropractic physician to
  183  whom she or he is assigned is a member of the staff; or
  184         (d) On calls outside of the office of the chiropractic
  185  physician to whom she or he is assigned, on the direct order of
  186  the chiropractic physician to whom she or he is assigned.
  187         (5) PROGRAM APPROVAL.—The department shall issue
  188  certificates of approval for programs for the education and
  189  training of certified chiropractic physician’s assistants which
  190  meet board standards. Any basic program curriculum certified by
  191  the board shall cover a period of 24 months. The curriculum must
  192  consist of a curriculum of at least 200 didactic classroom hours
  193  during those 24 months.
  194         (a) In developing criteria for program approval, the board
  195  shall give consideration to, and encourage, the use utilization
  196  of equivalency and proficiency testing and other mechanisms
  197  whereby full credit is given to trainees for past education and
  198  experience in health fields.
  199         (b) The board shall create groups of specialty
  200  classifications of training for certified chiropractic
  201  physician’s assistants. These classifications must shall reflect
  202  the training and experience of the certified chiropractic
  203  physician’s assistant. The certified chiropractic physician’s
  204  assistant may receive training in one or more such
  205  classifications, which shall be shown on the certificate issued.
  206         (c) The board shall adopt and publish standards to ensure
  207  that such programs operate in a manner that which does not
  208  endanger the health and welfare of the patients who receive
  209  services within the scope of the program. The board shall review
  210  the quality of the curricula, faculties, and facilities of such
  211  programs; issue certificates of approval; and take whatever
  212  other action is necessary to determine that the purposes of this
  213  section are being met.
  214         Section 6. Section 460.4167, Florida Statutes, is amended
  215  to read:
  216         460.4167 Proprietorship by persons other than licensed
  217  chiropractic physicians.—
  218         (1) A No person other than a sole proprietorship, group
  219  practice, partnership, or corporation that is wholly owned by
  220  one or more chiropractic physicians licensed under this chapter
  221  or by a chiropractic physician licensed under this chapter and
  222  the spouse, parent, child, or sibling of that chiropractic
  223  physician may not employ a chiropractic physician licensed under
  224  this chapter or engage a chiropractic physician licensed under
  225  this chapter as an independent contractor to provide services
  226  that chiropractic physicians are authorized to offer by this
  227  chapter to be offered by a chiropractic physician licensed under
  228  this chapter, unless the person is any of the following, except
  229  for:
  230         (a) A sole proprietorship, group practice, partnership,
  231  corporation, limited liability company, limited partnership,
  232  professional association, or any other entity that is wholly
  233  owned by:
  234         1. One or more chiropractic physicians licensed under this
  235  chapter;
  236         2. A chiropractic physician licensed under this chapter and
  237  the spouse or surviving spouse, parent, child, or sibling of the
  238  chiropractic physician; or
  239         3. A trust whose trustees are chiropractic physicians
  240  licensed under this chapter and the spouse, parent, child, or
  241  sibling of a chiropractic physician.
  242  
  243  If the chiropractic physician described in subparagraph (a)2.
  244  dies, notwithstanding part X of chapter 400, the surviving
  245  spouse or adult children may hold, operate, pledge, sell,
  246  mortgage, assign, transfer, own, or control the chiropractic
  247  physician’s ownership interests for so long as the surviving
  248  spouse or adult children remain the sole proprietors of the
  249  chiropractic practice.
  250         (b)(a) A sole proprietorship, group practice, partnership,
  251  or corporation, limited liability company, limited partnership,
  252  professional association, or any other entity that is wholly
  253  owned by a physician or physicians licensed under this chapter,
  254  chapter 458, chapter 459, or chapter 461.
  255         (c)(b)An entity Entities that is wholly are owned,
  256  directly or indirectly, by an entity licensed or registered by
  257  the state under chapter 395.
  258         (d)(c)A clinical facility that is facilities affiliated
  259  with a college of chiropractic accredited by the Council on
  260  Chiropractic Education at which training is provided for
  261  chiropractic students.
  262         (e)(d) A public or private university or college.
  263         (f)(e) An entity wholly owned and operated by an
  264  organization that is exempt from federal taxation under s.
  265  501(c)(3) or (4) of the Internal Revenue Code, a any community
  266  college or university clinic, or an and any entity owned or
  267  operated by the Federal Government or by state government,
  268  including any agency, county, municipality, or other political
  269  subdivision thereof.
  270         (g)(f) An entity owned by a corporation the stock of which
  271  is publicly traded.
  272         (h)(g) A clinic licensed under part X of chapter 400 which
  273  that provides chiropractic services by a chiropractic physician
  274  licensed under this chapter and other health care services by
  275  physicians licensed under chapter 458 or, chapter 459, or
  276  chapter 460, the medical director of which is licensed under
  277  chapter 458 or chapter 459.
  278         (i)(h) A state-licensed insurer.
  279         (j) A health maintenance organization or prepaid health
  280  clinic regulated under chapter 641.
  281         (2) A No person other than a chiropractic physician
  282  licensed under this chapter may not shall direct, control, or
  283  interfere with a chiropractic physician’s clinical judgment
  284  regarding the medical necessity of chiropractic treatment. For
  285  purposes of this subsection, a chiropractic physician’s clinical
  286  judgment does not apply to chiropractic services that are
  287  contractually excluded, the application of alternative services
  288  that may be appropriate given the chiropractic physician’s
  289  prescribed course of treatment, or determinations that compare
  290  comparing contractual provisions and scope of coverage with a
  291  chiropractic physician’s prescribed treatment on behalf of a
  292  covered person by an insurer, health maintenance organization,
  293  or prepaid limited health service organization.
  294         (3) Any lease agreement, rental agreement, or other
  295  arrangement between a person other than a licensed chiropractic
  296  physician and a chiropractic physician whereby the person other
  297  than a licensed chiropractic physician provides the chiropractic
  298  physician with chiropractic equipment or chiropractic materials
  299  must shall contain a provision whereby the chiropractic
  300  physician expressly maintains complete care, custody, and
  301  control of the equipment or practice.
  302         (4) The purpose of this section is to prevent a person
  303  other than the a licensed chiropractic physician from
  304  influencing or otherwise interfering with the exercise of the a
  305  chiropractic physician’s independent professional judgment. In
  306  addition to the acts specified in subsection (2) (1), a person
  307  or entity other than an employer or entity authorized in
  308  subsection (1) a licensed chiropractic physician and any entity
  309  other than a sole proprietorship, group practice, partnership,
  310  or corporation that is wholly owned by one or more chiropractic
  311  physicians licensed under this chapter or by a chiropractic
  312  physician licensed under this chapter and the spouse, parent,
  313  child, or sibling of that physician, may not employ or engage a
  314  chiropractic physician licensed under this chapter. A person or
  315  entity may not or enter into a contract or arrangement with a
  316  chiropractic physician pursuant to which such unlicensed person
  317  or such entity exercises control over the following:
  318         (a) The selection of a course of treatment for a patient,
  319  the procedures or materials to be used as part of the such
  320  course of treatment, and the manner in which the such course of
  321  treatment is carried out by the chiropractic physician licensee;
  322         (b) The patient records of the chiropractic physician a
  323  chiropractor;
  324         (c) The policies and decisions relating to pricing, credit,
  325  refunds, warranties, and advertising; or
  326         (d) The decisions relating to office personnel and hours of
  327  practice.
  328  
  329  However, a person or entity that is authorized to employ a
  330  chiropractic physician under subsection (1) may exercise control
  331  over the patient records of the employed chiropractic physician;
  332  the policies and decisions relating to pricing, credit, refunds,
  333  warranties, and advertising; and the decisions relating to
  334  office personnel and hours of practice.
  335         (5) Any person who violates this section commits a felony
  336  of the third degree, punishable as provided in s. 775.082 s.
  337  775.081, s. 775.083, or s. 775.084 s. 775.035.
  338         (6) Any contract or arrangement entered into or undertaken
  339  in violation of this section is shall be void as contrary to
  340  public policy. This section applies to contracts entered into or
  341  renewed on or after July 1, 2008.
  342         Section 7. This act shall take effect July 1, 2012.