Florida Senate - 2026 SB By Senator Martin 33-00484-26 2026192__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to patient funds held in trust by chiropractic physicians; amending s. 460.413, F.S.; 3 deleting the limitation on the amount of patient funds a chiropractic physician may hold in trust for specified purposes; providing an effective date. 6

Be It Enacted by the Legislature of the State of Florida: 8

Section 1. Paragraph

(

y) of subsection (1) of

section 10 460.413, Florida Statutes, is amended to read: 11 460.413 Grounds for disciplinary action; action by board or department.— 13

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): 15

(

y) Failing to preserve identity of funds and property of a patient, the value of which is greater than $501. As provided by rule of the board, money or other property entrusted to a chiropractic physician for a specific purpose, including advances for costs and expenses of examination or treatment which may not exceed the value of $1,500, is to be held in trust and must be applied only to that purpose.

Money and other property of patients coming into the hands of a chiropractic physician are not subject to counterclaim or setoff for chiropractic physician’s fees, and a refusal to account for and deliver over such money and property upon demand shall be deemed a conversion.

This is not to preclude the retention of money or other property upon which the chiropractic physician has a valid lien for services or to preclude the payment of agreed fees from Florida Senate - 2026 SB 192 33-00484-26 2026192__ CODING: Words stricken are deletions; words underlined are additions. the proceeds of transactions for examinations or treatments. 30 Controversies as to the amount of the fees are not grounds for disciplinary proceedings unless the amount demanded is clearly excessive or extortionate, or the demand is fraudulent.

All funds of patients paid to a chiropractic physician, other than advances for costs and expenses, shall be deposited into one or more identifiable bank accounts maintained in the state in which the chiropractic physician’s office is situated, and funds belonging to the chiropractic physician may not be deposited therein except as follows: 39 1. Funds reasonably sufficient to pay bank charges may be deposited therein. 41 2.

Funds belonging in part to a patient and in part presently or potentially to the physician must be deposited therein, but the portion belonging to the physician may be withdrawn when due unless the right of the physician to receive it is disputed by the patient, in which event the disputed portion may not be withdrawn until the dispute is finally resolved. 48 Every chiropractic physician shall maintain complete records of all funds, securities, and other properties of a patient coming into the possession of the physician and render appropriate accounts to the patient regarding them.

In addition, every chiropractic physician shall promptly pay or deliver to the patient, as requested by the patient, the funds, securities, or other properties in the possession of the physician which the patient is entitled to receive. 57

Section 2. This act shall take effect July 1, 2026. 58