Senate Bill 614 (2024) — Practice of acupuncture
SB 614
Florida Bills
Florida Senate - 2024 SB 614 By Senator Hooper 21-00406-24 2024614__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the practice of acupuncture; 2 amending s. 457.102, F.S.; revising and defining 3 terms; amending s. 457.105, F.S.; revising education 4 requirements for acupuncture licensure, beginning on 5 specified dates; creating s. 457.106, F.S.; 6 authorizing acupuncturist assistants to assist in the 7 practice of acupuncture under the direct supervision 8 of an acupuncturist; providing that a supervising 9 acupuncturist assumes legal liability for the actions 10 of an acupuncturist assistant acting under his or her 11 direct supervision and control; requiring the Board of 12 Acupuncture to adopt specified rules related to 13 acupuncturist assistants; amending s. 457.107, F.S.; 14 revising continuing education requirements for 15 acupuncture licensure renewal; creating s. 457.1084, 16 F.S.; requiring the board to establish and maintain a 17 formulary for acupoint injection therapies; specifying 18 requirements for the formulary; creating s. 457.115, 19 F.S.; providing construction; amending s. 457.116, 20 F.S.; providing an exception for specified prohibited 21 acts; requiring the board to adopt certain rules; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26
Section
Section 457.102, Florida Statutes, is amended to 27 read: 28 457.102
Definitions.—As used in this chapter, the term: 29
Florida Senate - 2024 SB 614 21-00406-24 2024614__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. (1) “Acupuncture” means a skilled intervention and form of 30 primary health care, based on traditional and contemporary 31 Eastern medicine and biological sciences Chinese medical 32 concepts and modern oriental medical techniques, that employs 33 acupuncture diagnosis and treatment, as well as adjunctive 34 therapies and diagnostic techniques, for the promotion, 35 maintenance, and restoration of health and the prevention of 36 disease. The scope of practice for an individual licensed to 37 practice acupuncture under this
chapter includes those acts, 38 modalities, procedures, techniques, and interventions that a 39 licensee is authorized under this
chapter to provide directly or 40 remotely using telehealth, including examination, evaluation, 41 analysis, diagnosis, management, and treatment; use and ordering 42 of testing procedures, diagnostic imaging, and laboratory tests; 43 stimulation of points, areas of the body, tissues, or substances 44 within the body using acupuncture; and Eastern medicine, herbal 45 medicine therapies, nutritional substances, point injection, 46 sterile solutions, qi, medical instruments, and other devices or 47 means as defined by board rule.
Acupuncture includes shall 48 include, but is not be limited to, the insertion, stimulation, 49 and removal of acupuncture needles and the application of 50 moxibustion to specific areas of the human body and the use of 51 electroacupuncture, Qi Gong, Eastern oriental massage and 52 bodywork, herbal therapy, dietary guidelines, and other 53 adjunctive therapies, as defined by board rule. 54 (2) “Acupuncturist” means any person licensed under as 55 provided in this
chapter to practice acupuncture as a primary 56 health care provider. 57 (3) “Acupuncturist assistant” means an unlicensed person 58
Florida Senate - 2024 SB 614 21-00406-24 2024614__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. who has completed a certification program approved by the board 59 for the purpose of assisting a licensee under this chapter. 60 (4) “Board” means the Board of Acupuncture. 61 (8)(4) “License” means the document of authorization issued 62 by the department for a person to engage in the practice of 63 acupuncture. 64 (5)(5) “Department” means the Department of Health. 65 (6) “Direct supervision” means responsible supervision and 66 control, with the licensed acupuncturist assuming legal 67 liability for the actions of an acupuncturist assistant acting 68 under his or her supervision. 69 (7)(6) “Eastern Oriental medicine” means the use of a 70 primary health care system of medicine that includes 71 differential diagnoses and treatment principles, modalities, 72 procedures, and techniques employing acupuncture; traditional 73 Eastern medicine; contemporary Eastern medicine; herbal 74 medicine; adjunctive therapies; biological sciences; and medical 75 assessments, examinations, and evaluations for the promotion, 76 maintenance, and restoration of health and the prevention of 77 human disease acupuncture, electroacupuncture, Qi Gong, oriental 78 massage, herbal therapy, dietary guidelines, and other 79 adjunctive therapies. 80 (9)(7) “Prescriptive rights” means the prescription, 81 administration, and use of needles; medical, restricted, and 82 prescription devices; diagnostic laboratory tests and imaging 83 procedures; botanical and herbal medicines; nutritional 84 substances; and sterile solutions and devices, restricted 85 devices, and prescription devices that are used in the practice 86 of acupuncture and Eastern oriental medicine. 87
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Section 2. Subsection (2) of
section 457.105, Florida 88 Statutes, is amended to read: 89 457.105 Licensure qualifications and fees.— 90
(2) A person may become licensed to practice acupuncture if 91 the person applies to the department and meets all of the 92 following criteria: 93 (
a) Is 21 years of age or older, has good moral character, 94 and has the ability to communicate in English, which is 95 demonstrated by having passed the national written examination 96 in English or, if such examination was passed in a foreign 97 language, by also having passed a nationally recognized English 98 proficiency examination.; 99 (
b) Has completed 60 college credits from an accredited 100 postsecondary institution and, effective July 1, 2026, has 101 completed a minimum of 90 semester hours leading to a bachelor’s 102 degree from a liberal arts college or university accredited by 103 an accrediting agency recognized and approved by the United 104 States Department of Education, or a foreign college, 105 university, or institution program as a prerequisite to 106 enrollment in an authorized, accredited 3-year course of study 107 in acupuncture and oriental medicine, and has completed a 3-year 108 course of study in acupuncture and oriental medicine, and 109 effective July 31, 2001, a 4-year course of study in acupuncture 110 and Eastern oriental medicine, which, effective July 30, 2030, 111 concludes with graduates completing a doctoral degree in a 112 specialty in acupuncture which is recognized by the United 113 States Department of Education and which meets standards 114 established by the board by rule.
Such, which standards include, 115 but are not limited to, successful completion of academic 116
Florida Senate - 2024 SB 614 21-00406-24 2024614__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. courses in western anatomy, western physiology, western 117 pathology, western biomedical terminology, first aid, and 118 cardiopulmonary resuscitation (CPR). However, any person who 119 enrolled in an authorized course of study in acupuncture before 120 August 1, 1997, must have completed only a 2-year course of 121 study which meets standards established by the board by rule, 122 which standards must include, but are not limited to, successful 123 completion of academic courses in western anatomy, western 124 physiology, and western pathology.; 125 (
c) Has successfully completed a board-approved national 126 examination and certification process, is actively licensed in a 127 state that has examination and licensing qualification 128 requirements that are substantially equivalent to or more 129 stringent than those currently required by of this state, or 130 passes an examination administered by the department, which 131 examination tests the applicant’s competency and knowledge of 132 the practice of acupuncture and Eastern oriental medicine.
At 133 the request of any applicant, traditional Eastern oriental 134 nomenclature for the points must shall be used in the 135 examination. The examination must shall include a practical 136 examination of the knowledge and skills required to practice 137 modern and traditional acupuncture and Eastern oriental 138 medicine, covering diagnostic and treatment techniques and 139 procedures.; and 140 (
d) Pays the required fees set by the board by rule not to 141 exceed the following amounts: 142 1. Examination fee: $500 plus the actual per applicant cost 143 to the department for purchase of the written and practical 144 portions of the examination from a national organization 145
Florida Senate - 2024 SB 614 21-00406-24 2024614__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. approved by the board. 146 2. Application fee: $300. 147 3. Reexamination fee: $500 plus the actual per applicant 148 cost to the department for purchase of the written and practical 149 portions of the examination from a national organization 150 approved by the board. 151 4. Initial biennial licensure fee: $400, if licensed in the 152 first half of the biennium, and $200, if licensed in the second 153 half of the biennium. 154
Section
Section 457.106, Florida Statutes, is created to 155 read: 156 457.106 Acupuncturist assistants.— 157
(1) Acupuncturist assistants may assist in the practice of 158 acupuncture under the direct supervision of an acupuncturist. An 159 acupuncturist assumes legal liability for the actions of an 160 acupuncturist assistant acting under his or her direct 161 supervision and control. 162
(2) The board shall adopt rules to govern the scope of 163 practice of acupuncturist assistants. At a minimum, the board 164 shall do all of the following: 165 (
a) Specify criteria for and approve certification programs 166 for the purpose of appropriately training acupuncturist 167 assistants. 168 (
b) Adopt rules specifying the roles and tasks a certified 169 acupuncturist assistant is allowed to perform or is prohibited 170 from performing. Such roles and tasks may include, but need not 171 be limited to, the removal of acupuncture needles. Prohibited 172 roles and tasks must include developing or altering an 173 acupuncture plan of care and insertion of acupuncture needles. 174
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c) Adopt rules defining what constitutes “direct 175 supervision” beyond the responsible supervision and control of 176 an acupuncturist assistant. 177
Section 4. Subsection (3) of
section 457.107, Florida 178 Statutes, is amended to read: 179 457.107 Renewal of licenses; continuing education.— 180
(3) The board shall prescribe by rule continuing education 181 requirements of up to 30 hours biennially as a condition for 182 renewal of a license. All education programs must be approved by 183 the board. To be approved, an education program must that 184 contribute to the advancement, extension, or enhancement of 185 professional skills and knowledge related to the practice of 186 acupuncture, whether conducted by a nonprofit or for-profit 187 profitmaking entity, are eligible for approval. 188 (
a) The continuing professional education requirements must 189 include: 190 1. be in Acupuncture or Eastern oriental medicine subjects, 191 including, but not limited to, anatomy, biological sciences, 192 adjunctive therapies, sanitation and sterilization, emergency 193 protocols, and diseases; and 194 2. Practice management, which is defined as the development 195 or mechanics of establishing and managing an office, including 196 enhancement of patient care, risk management, cybersecurity, 197 cost containment, health care documentation, and insurance 198 coding, billing, and claims processing topics.
No more than 6 199 hours of practice management continuing education credit may be 200 applied to satisfy the requirements for license renewal per 201 biennial licensing period. 202 (
b) The licensee shall retain in his or her records the 203
Florida Senate - 2024 SB 614 21-00406-24 2024614__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. certificates of completion for each continuing education course 204 completed. 205 (
c) The board may set a fee of up to $100 for each 206 continuing education provider. The licensee shall retain in his 207 or her records the certificates of completion of continuing 208 professional education requirements. All national and state 209 acupuncture and Eastern oriental medicine organizations and 210 acupuncture and Eastern oriental medicine schools are approved 211 to provide continuing professional education in accordance with 212 this subsection. 213
Section
Section 457.1084, Florida Statutes, is created 214 to read: 215 457.1084 Acupoint injection formulary.—The board shall 216 establish and maintain a formulary for acupoint injection 217 therapies. The formulary must be based on national standards of 218 acupuncture practice and periodically revised to maintain such 219 standards. 220
Section
Section 457.115, Florida Statutes, is created to 221 read: 222 457.115 Construction.—The terms “Eastern medicine,” 223 “acupuncture,” and “acupuncturist” are synonymous with 224 “acupuncture physician,” and each term must be construed to mean 225 a practitioner of Eastern medicine as defined in this chapter. 226 This
section may not be construed to allow an acupuncture 227 physician licensed under this
chapter to advertise for or 228 perform the practice of medicine, osteopathic medicine, or 229 chiropractic medicine unless he or she maintains a separate 230 active license issued by the department to practice under 231
chapter 458,
chapter 459, or
chapter 460, as applicable. 232
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Section
Section 457.116, Florida Statutes, is amended to 233 read: 234 457.116 Prohibited acts; penalty.— 235
(1) A person may not do any of the following: 236 (
a) Practice acupuncture unless the person is licensed 237 under ss. 457.101-457.118 or is acting in the capacity of a 238 guest instructor or guest practitioner. The board shall adopt 239 rules to define the terms “guest instructor” and “guest 240 practitioner” and specify the scope of capacity for such 241 individuals and any other conditions necessary to implement this 242 paragraph. The rules must provide for guest instructors and 243 guest practitioners who are teaching approved education courses 244 or are practicing acupuncture in this state in response to a 245 declared state of emergency.; 246 (
b) Use, in connection with his or her name or place of 247 business, any title or description of services which 248 incorporates the words “acupuncture,” “acupuncturist,” 249 “acupuncture physician,” “certified acupuncturist,” “licensed 250 acupuncturist,” or “Eastern oriental medical practitioner”; the 251 letters “L.Ac.,” “R.Ac.,” “A.P.,” or “D.E.M.” “D.O.M.”; or any 252 other words, letters, abbreviations, or insignia indicating or 253 implying that he or she practices acupuncture unless he or she 254 is a holder of a valid license issued pursuant to ss. 457.101-255 457.118.; 256 (
c) Present as his or her own the license of another.; 257 (
d) Knowingly give false or forged evidence to the board or 258 a member thereof.; 259 (
e) Use or attempt to use a license that has been 260 suspended, revoked, or placed on inactive or delinquent status.; 261
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f) Employ any person who is not licensed pursuant to ss. 262 457.101-457.118 to engage in the practice of acupuncture.; or 263 (
g) Conceal information relating to any violation of ss. 264 457.101-457.118. 265
(2) A person who violates this
section commits a 266 misdemeanor of the second degree, punishable as provided in s. 267 775.082 or s. 775.083. 268