September 20, 2020
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       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  record or place of practice required 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 shall cover a period of 24 months. The curriculum must
   99  consist of a curriculum of at least 200 didactic classroom hours
  100  during 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 assistant assistants may
  127  register with be registered by the 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) A No person other than a sole proprietorship, group
  180  practice, partnership, or corporation that is wholly owned by
  181  one or more chiropractic physicians licensed under this chapter
  182  or by a chiropractic physician licensed under this chapter and
  183  the spouse, parent, child, or sibling of that chiropractic
  184  physician may 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 following except 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,
  203  or corporation, 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 entity Entities that is wholly are owned,
  208  directly or indirectly, by an entity licensed or registered by
  209  the state under chapter 395.
  210         (d)(c)A clinical facility that is facilities affiliated
  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, a any community
  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
  225  that provides 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, or
  228  chapter 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. 775.082 s.
  244  775.081, s. 775.083, or s. 775.084 s. 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 is shall be void as contrary to
  251  public policy. This section applies to contracts entered into or
  252  renewed 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.

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