Florida Senate - 2026 SB 672
By Senator Calatayud
38-00830-26 2026672__
1 A bill to be entitled
2 An act relating to acupuncture; reordering and
3 amending s. 457.102, F.S.; revising definitions and
4 defining terms; amending s. 457.105, F.S.; revising
5 licensure requirements for acupuncturists; eliminating
6 certain examination fees; providing construction;
7 amending s. 457.107, F.S.; revising requirements for
8 continuing education programs for acupuncturists;
9 amending s. 457.1085, F.S.; deleting obsolete
10 language; amending s. 457.116, F.S.; conforming
11 provisions to changes made by the act; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 457.102, Florida Statutes, is reordered
17 and amended to read:
18 457.102 Definitions.—As used in this chapter:
19 (1) “Acupuncture” means a form of primary health care,
20 based on traditional Chinese medical concepts and modern Eastern
21 oriental medical techniques, which that employs acupuncture
22 diagnosis and treatment, as well as adjunctive therapies and
23 diagnostic techniques, for the promotion, maintenance, and
24 restoration of health and the prevention of disease. Acupuncture
25 includes shall include, but is not be limited to, the insertion
26 of acupuncture needles and the application of moxibustion to
27 specific areas of the human body and the use of
28 electroacupuncture, Qi Gong, Eastern oriental massage, herbal
29 therapy, dietary guidelines, and other adjunctive therapies, as
30 defined by board rule.
31 (2) “Acupuncturist” means any person licensed as provided
32 in this chapter to practice acupuncture as a primary health care
33 provider.
34 (3) “Board” means the Board of Acupuncture.
35 (7)(4) “License” means the document of authorization issued
36 by the department for a person to engage in the practice of
37 acupuncture.
38 (4)(5) “Department” means the Department of Health.
39 (5) “Direct supervision” means the immediate onsite
40 supervision of other Florida-licensed health care practitioners
41 where the acupuncturist individually or collectively assumes
42 legal liability for the supervised actions.
43 (6) “Eastern Oriental medicine” means a practice that
44 employs assessment, health history, physical examination, the
45 use of acupuncture diagnosis and diagnostic techniques,
46 electroacupuncture, Qi Gong, Eastern oriental massage, herbal
47 therapy, dietary guidelines, acupoint injection, and other
48 adjunctive therapies.
49 (8) “Practice of acupuncture” means to provide services
50 that apply traditional Chinese medical concepts, anatomy and
51 physiology, and modern Eastern medical techniques using
52 acupuncture and Eastern medicine, and the exercise of
53 prescriptive rights as provided under subsection (9) to identify
54 and evaluate and manage abnormal conditions, for the promotion,
55 maintenance, and restoration of health. The practice of
56 acupuncture includes stimulation of points, areas of the body,
57 and tissues using needles and devices.
58 (9)(7) “Prescriptive rights” means the prescription,
59 administration, and use of needles and devices, restricted
60 devices, and prescription devices, and the recommendation for or
61 ordering of, or administration of herbs, homeopathics, and other
62 nutritional supplements in sterile form that are used in the
63 practice of acupuncture and Eastern oriental medicine unless
64 otherwise prohibited by state or federal law or regulation. For
65 the purposes of this subsection, herbs, homeopathics, and other
66 nutritional supplements in sterile form include vitamins,
67 minerals, lipids, sugars, carbohydrates, and amino acids. The
68 term does not include ophthalmic or oral inhalation drugs in
69 aqueous format, corticosteroids, antibiotics, vaccinations,
70 botulinum toxin, controlled substances as defined in s. 893.02,
71 medicinal drugs as defined in s. 465.003, or other medications
72 not used for the practice of acupuncture.
73 Section 2. Paragraphs (b), (c), and (d) of subsection (2)
74 of section 457.105, Florida Statutes, are amended, and paragraph
75 (f) is added to that subsection, to read:
76 457.105 Licensure qualifications and fees.—
77 (2) A person may become licensed to practice acupuncture if
78 the person applies to the department and meets all of the
79 following criteria:
80 (b) Has completed 60 college credits from an accredited
81 postsecondary institution as a prerequisite to enrollment in an
82 authorized 3-year course of study in acupuncture and oriental
83 medicine, and has completed a 3-year course of study in
84 acupuncture and oriental medicine, and effective July 31, 2001,
85 a 4-year course of study in acupuncture and Eastern oriental
86 medicine, which meets standards established by the board by
87 rule, including which standards include, but are not limited to,
88 successful completion of academic courses in Western anatomy,
89 Western physiology, Western pathology, Western biomedical
90 terminology, first aid, and cardiopulmonary resuscitation (CPR),
91 and 60 hours of study in injection therapy. However, any person
92 who enrolled in an authorized course of study in acupuncture
93 before August 1, 1997, must have completed only a 2-year course
94 of study which meets standards established by the board by rule,
95 which standards must include, but are not limited to, successful
96 completion of academic courses in western anatomy, western
97 physiology, and western pathology.
98 (c) Has successfully completed a board-approved national
99 examination and certification process or, meets the requirements
100 for licensure by endorsement under s. 456.0145, or passes an
101 examination administered by the department, which examination
102 tests the applicant’s competency and knowledge of the practice
103 of acupuncture and oriental medicine. At the request of any
104 applicant, traditional oriental nomenclature for the points must
105 be used in the examination. The examination must include a
106 practical examination of the knowledge and skills required to
107 practice modern and traditional acupuncture and Eastern oriental
108 medicine, covering diagnostic and treatment techniques and
109 procedures.
110 (d) Pays the required fees set by the board by rule not to
111 exceed the following amounts:
112 1. Examination fee: $500 plus the actual per applicant cost
113 to the department for purchase of the written and practical
114 portions of the examination from a national organization
115 approved by the board.
116 2. Application fee: $300.
117 3. Reexamination fee: $500 plus the actual per applicant
118 cost to the department for purchase of the written and practical
119 portions of the examination from a national organization
120 approved by the board.
121 2.4. Initial biennial licensure fee: $400, if licensed in
122 the first half of the biennium, and $200, if licensed in the
123 second half of the biennium.
124 (f) This subsection does not prohibit an acupuncturist
125 licensed in another state, the District of Columbia, or a
126 possession or territory of the United States from performing
127 acupuncture procedures or demonstrating equipment or supplies
128 for educational purposes at a board-approved continuing
129 education program.
130 Section 3. Subsection (3) of section 457.107, Florida
131 Statutes, is amended to read:
132 457.107 Renewal of licenses; continuing education.—
133 (3) The board shall prescribe by rule continuing education
134 requirements of up to 30 hours biennially as a condition for
135 renewal of a license. All education programs must be approved by
136 the board and that contribute to the advancement, extension, or
137 enhancement of professional skills and knowledge related to the
138 practice of acupuncture, whether conducted by a nonprofit or
139 profitmaking entity, are eligible for approval. The continuing
140 professional education requirements must be in acupuncture or
141 Eastern oriental medicine subjects, including, but not limited
142 to, anatomy, biological sciences, adjunctive therapies,
143 sanitation and sterilization, emergency protocols, and diseases,
144 or practice management. The board may set a fee of up to $100
145 for each continuing education provider. The licensee shall
146 retain in his or her records the certificates of completion of
147 continuing professional education requirements. All national and
148 state acupuncture and Eastern oriental medicine organizations
149 and acupuncture and Eastern oriental medicine schools are
150 approved to provide continuing professional education in
151 accordance with this subsection.
152 Section 4. Section 457.1085, Florida Statutes, is amended
153 to read:
154 457.1085 Infection control.—Prior to November 1, 1986, The
155 board shall adopt rules relating to the prevention of infection,
156 the safe disposal of any potentially infectious materials, and
157 other requirements to protect the health, safety, and welfare of
158 the public. Beginning October 1, 1997, All acupuncture needles
159 that are to be used on a patient must be sterile and disposable,
160 and each needle may be used only once.
161 Section 5. Subsection (1) of section 457.116, Florida
162 Statutes, is amended to read:
163 457.116 Prohibited acts; penalty.—
164 (1) A person may not:
165 (a) Practice acupuncture unless the person is licensed
166 under ss. 457.101-457.118;
167 (b) Use, in connection with his or her name or place of
168 business, any title or description of services which
169 incorporates the words “acupuncture,” “acupuncturist,”
170 “certified acupuncturist,” “licensed acupuncturist,” “Eastern
171 oriental medical practitioner”; the letters “L.Ac.,” “R.Ac.,”
172 “A.P.,” or “D.O.M.”; or any other words, letters, abbreviations,
173 or insignia indicating or implying that he or she practices
174 acupuncture unless he or she is a holder of a valid license
175 issued pursuant to ss. 457.101-457.118;
176 (c) Present as his or her own the license of another;
177 (d) Knowingly give false or forged evidence to the board or
178 a member thereof;
179 (e) Use or attempt to use a license that has been
180 suspended, revoked, or placed on inactive or delinquent status;
181 (f) Employ any person who is not licensed pursuant to ss.
182 457.101-457.118 to engage in the practice of acupuncture; or
183 (g) Conceal information relating to any violation of ss.
184 457.101-457.118.
185 Section 6. This act shall take effect July 1, 2026.