Florida Senate - 2020                                    SB 1138
       By Senator Brandes
       24-01475-20                                           20201138__
    1                        A bill to be entitled                      
    2         An act relating to chiropractic medicine; amending s.
    3         460.403, F.S.; authorizing chiropractic physicians who
    4         have completed specified training to order, store,
    5         possess, prescribe, and administer articles of natural
    6         origin; authorizing chiropractic physicians to
    7         administer medical oxygen for nonemergency purposes;
    8         authorizing licensed pharmacists to fill such
    9         chiropractors’ orders for articles of natural origin;
   10         amending s. 460.408, F.S.; providing a definition for
   11         the term “contact classroom”; authorizing a specified
   12         number of certain chiropractic continuing education
   13         hours to be completed online; providing requirements
   14         for such online chiropractic continuing education
   15         courses; amending s. 460.413, F.S.; conforming a
   16         provision to changes made by the act; repealing s.
   17         460.4166, F.S., relating to registered chiropractic
   18         assistants; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (c) of subsection (9) of section
   23  460.403, Florida Statutes, is amended to read:
   24         460.403 Definitions.—As used in this chapter, the term:
   25         (9)(c)1. Chiropractic physicians may adjust, manipulate, or
   26  treat the human body by manual, mechanical, electrical, or
   27  natural methods; by the use of physical means or physiotherapy,
   28  including light, heat, water, or exercise; by the use of
   29  acupuncture; or by the administration of foods, food
   30  concentrates, food extracts, and items for which a prescription
   31  is not required and may apply first aid and hygiene, but
   32  chiropractic physicians are expressly prohibited from
   33  prescribing or administering to any person any legend drug
   34  except as authorized under subparagraphs 2. and 3. subparagraph
   35  2., from performing any surgery except as stated herein, or from
   36  practicing obstetrics.
   37         2. Notwithstanding the prohibition against prescribing and
   38  administering legend drugs under subparagraph 1. or s.
   39  499.83(2)(c), pursuant to board rule, chiropractic physicians
   40  may order, store, and administer, for emergency purposes only at
   41  the chiropractic physician’s office or place of business,
   42  prescription medical oxygen and may also order, store, and
   43  administer the following topical anesthetics in aerosol form:
   44         a. Any solution consisting of 25 percent ethylchloride and
   45  75 percent dichlorodifluoromethane.
   46         b. Any solution consisting of 15 percent
   47  dichlorodifluoromethane and 85 percent
   48  trichloromonofluoromethane.
   49         3.Notwithstanding the prohibition against prescribing and
   50  administering legend drugs under subparagraph 1. or s.
   51  499.83(2)(c), pursuant to board rule, chiropractic physicians
   52  who have completed a minimum 36-hour training course may order,
   53  store, possess, prescribe, and administer articles of natural
   54  origin, including vitamins, minerals, amino acids, fatty acids,
   55  hyaluronic acid, enzymes, saline, antioxidants, dextrose,
   56  glandulars, cellular components, extracts, water, botanicals,
   57  phytonutrients, and homeopathics, and may administer medical
   58  oxygen. Pharmacists licensed under chapter 465 may fill the
   59  orders of chiropractic physicians authorized to prescribe and
   60  administer articles of natural origin necessary for the practice
   61  of chiropractic medicine.
   63  However, this paragraph does not authorize a chiropractic
   64  physician to prescribe medical oxygen as defined in chapter 499.
   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 be approved upon review by the
   75  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         (c)For purposes of this subsection, the term “contact
   85  classroom” means a presentation in which the persons presenting
   86  and the persons attending the course are present on site. Up to
   87  20 general credit continuing education hours may be completed
   88  online in place of contact classroom hours, as determined by
   89  board rule. Online continuing education courses must be
   90  competency based and must incorporate the Shareable Content
   91  Object Reference Model standards for web-based e-learning or
   92  more stringent standards, as determined by the board.
   93         Section 3. Paragraph (p) of subsection (1) of section
   94  460.413, Florida Statutes, is amended to read:
   95         460.413 Grounds for disciplinary action; action by board or
   96  department.—
   97         (1) The following acts constitute grounds for denial of a
   98  license or disciplinary action, as specified in s. 456.072(2):
   99         (p) Prescribing, dispensing, or administering any medicinal
  100  drug except as authorized by s. 460.403(9)(c)2. or 3. s.
  101  460.403(9)(c)2., performing any surgery, or practicing
  102  obstetrics.
  103         Section 4. Section 460.4166, Florida Statutes, is repealed.
  104         Section 5. This act shall take effect July 1, 2020.