Bill Text: FL S1134 | 2010 | Regular Session | Introduced

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Bill Title: Chiropractic Medicine [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S1134 Detail]

Download: Florida-2010-S1134-Introduced.html

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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.