NEW REQUIREMENTS FOR CHIROPRACTIC MEDICINE:

Section 460.406, F.S. – Licensure by examination:

• (1)(e) Successfully completed the National Board of Chiropractic Examiners certification examination in parts I, II, and III, with a score approved by the board.

• The board may require an applicant who graduated from an institution accredited by the Council on Chiropractic Education more than 10 years before the date of application to the board to take the National Board of Chiropractic Examiners Special Purposes Examination for Chiropractic, or

its equivalent, as determined by the board. The board shall establish by rule a passing score.

• (5) A student in a school or college of chiropractic accredited by the Council on Chiropractic Education or its successor in the final year of the program may file an application pursuant to subsection (1), take all examinations required for licensure, submit a set of fingerprints, and pay all fees required for licensure. A chiropractic student who successfully completes the

licensure examinations and who otherwise meets all requirements for licensure as a chiropractic physician during the student’s final year must have graduated before being certified for licensure pursuant to this section.

Section 460.4062, F.S. – Chiropractic medicine faculty certificate:

• (e)1. Has been offered and has accepted a full-time faculty appointment to teach in a program of chiropractic medicine at a publicly funded state university or college or at a college of chiropractic located in the state and accredited by the Council on Chiropractic Education; and

• 2. Provides a certification from the dean of the appointing college acknowledging the appointment.

• (2) The certificate shall authorize the holder to practice only in conjunction with his or her faculty position at a publicly funded state university or college and its affiliated clinics that are registered with the board as sites at which holders of chiropractic medicine faculty certificates will be practicing. Except as provided in subsection (4), such certificate shall automatically expire upon termination of the holder’s relationship with the university or college school or after a period of 2 years, whichever occurs first.

Section 460.4165, F.S. – Certified chiropractic physician’s assistants:

• (b) Under indirect supervision if the indirect supervision occurs at the Address of record or place of practice required by s. 456.035, other than at a clinic licensed under part X of chapter 400, of the chiropractic physician to whom she or he is assigned as defined by rule of the board;

• (6) APPLICATION APPROVAL.—Any person desiring to be licensed as a certified chiropractic physician’s assistant must apply to the department. The application shall include a work-arrangement proposal and, as part of the application process, the board shall interview the proposed supervising chiropractic physician, whose license must not be encumbered or restricted,

and the applicant to determine whether the work-arrangement proposal provides for responsible supervision, as a condition of certification and approval of any subsequent changes in the supervising physician. The department shall issue a certificate to any person certified by the board as having met the following requirements:

• (14) SUPERVISION OF CERTIFIED CHIROPRACTIC PHYSICIAN’S ASSISTANTS AT LICENSED CLINICS.—A certified chiropractic physician’s assistant certified under this section to perform services at a clinic licensed under part X of chapter 400 may perform those services only under direct supervision of the chiropractic physician to whom she or he is assigned.

Section 460.4167, F.S. – Proprietorship by persons other than licensed chiropractic physicians:

• (1) No person other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that chiropractic physician may employ a chiropractic physician licensed under this chapter or engage a chiropractic physician licensed under this chapter as an independent contractor to provide services authorized by this chapter to be offered by a chiropractic physician licensed under this chapter, except for:

(a) A sole proprietorship, group practice, partnership, or corporation that is wholly owned by a physician or physicians licensed under this chapter, chapter 458, chapter 459, or chapter 461.

(b) Entities that are owned, directly or indirectly, by an entity licensed or registered by the state under chapter 395.

(c) Clinical facilities affiliated with a college of chiropractic accredited by the Council on chiropractic Education at which training is provided for chiropractic students.

(d) A public or private university or college.

(e) An entity that is exempt from federal taxation under s. 501(c)(3) or (4) of the Internal Revenue Code, any community college or university clinic, and any entity owned or operated by the Federal Government or by state government, including any agency, county, municipality, or other political subdivision thereof.

(f) An entity owned by a corporation the stock of which is publicly traded.

(g) A clinic licensed under part X of chapter 400 that provides health care services by physicians licensed under chapter 458, chapter 459, or chapter 460, the medical director of which is licensed under chapter 458 or chapter 459.

(h) A state-licensed insurer.

(2) No person other than a chiropractic physician licensed under this chapter shall direct, control, or interfere with a chiropractic physician’s clinical judgment regarding the medical necessity of chiropractic treatment. For purposes of this subsection, a chiropractic physician’s clinical judgment does not apply to chiropractic services contractually excluded, the application of alternative services that may be appropriate given the chiropractic physician’s prescribed course of treatment, or determinations comparing contractual provisions and scope of coverage with a chiropractic physician’s prescribed treatment on behalf of a covered person by an insurer, health maintenance organization, or prepaid limited health service organization.

(3) Any lease agreement, rental agreement, or other arrangement between a person other than a licensed chiropractic physician and a chiropractic physician whereby the person other than a licensed chiropractic physician provides the chiropractic physician with chiropractic equipment or chiropractic materials shall contain a provision whereby the chiropractic physician expressly maintains complete care, custody, and control of the equipment or practice.

(4) The purpose of this section is to prevent a person other than a licensed chiropractic physician from influencing or otherwise interfering with the exercise of a chiropractic physician’s independent professional judgment. In addition to the acts specified in subsection (1), a person other than a licensed chiropractic physician and any entity other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that physician, may not employ a chiropractic physician licensed under this chapter or enter into a contract or arrangement with a chiropractic

physician pursuant to which such unlicensed person or such entity exercises control over the following:

(a) The selection of a course of treatment for a patient, the procedures or materials to be used as part of such course of treatment, and the manner in which such course of treatment is carried out by the licensee;

(b) The patient records of a chiropractor;

(c) Policies and decisions relating to pricing, credit, refunds, warranties, and advertising; or

(d) Decisions relating to office personnel and hours of practice.

(5) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.081, s. 775.083, or s. 775.035.

(6) Any contract or arrangement entered into or undertaken in violation of this section shall be void as contrary to public policy. This section applies to contracts entered into or renewed on or after July 1, 2008.