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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to acupuncture; amending s. 457.102, 2
F.S.; revising and providing definitions; amending s. 3
457.105, F.S.; revising licensure requirements; 4
providing applicability; amending ss. 457.107, 5
457.1085, 457.116, F.S.; conforming provisions to 6
changes made by the act; amending s. 457.1085, F.S.; 7
removing obsolete provisions; providing an effective 8
date. 9
10
Be It Enacted by the Legislature of the St ate of Florida: 11
12
Section 1. Section 457.102, Florida Statutes, is amended 13
to read: 14
457.102 Definitions. —As used in this chapter: 15
(1) "Acupuncture" means a form of primary health care, 16
based on traditional Chinese medical concepts and modern eastern 17
oriental medical techniques, that employs acupuncture diagnosis 18
and treatment, as well as adjunctive therapies and diagnostic 19
techniques, for the promotion, maintenance, and restoration of 20
health and the prevention of disease. Acupuncture shall include, 21
but not be limited to, the insertion of acupuncture needles and 22
the application of moxibustion to specific areas of the human 23
body and the use of electroacupuncture, Qi Gong, eastern 24
oriental massage, herbal therapy, dietary guidelines, and other 25
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adjunctive therapies, as defined by board rule. 26
(2) "Acupuncturist" means a practitioner of the healing 27
arts any person licensed as provided in this chapter to practice 28
acupuncture as a primary health care provider. 29
(3) "Board" means the Board of Acupuncture. 30
(4)(5) "Department" means the Department of Health. 31
(5) "Direct supervision" means the immediate onsite 32
supervision of other Florida licensees where the acupuncturist 33
individually or collectively assumes legal liability for the 34
supervised actions. 35
(6) "Eastern Oriental medicine" means the use of a healing 36
art that employs assessment, health history, physical 37
examination, and the use of acupuncture diagnosis and diagnostic 38
techniques, including referral for diagnostic imaging and 39
clinical laboratory test ing to evaluate, manage, and correct a 40
condition using acupuncture, electroacupuncture, Qi Gong, 41
eastern oriental massage, herbal therapy, dietary guidelines, 42
acupoint injection, manual therapy, and other adjunctive 43
therapies. 44
(7)(4) "License" means the document of authorization 45
issued by the department for a person to engage in the practice 46
of acupuncture. 47
(8) "Practice of acupuncture" means to provide primary 48
health care and treatment services that apply traditional 49
Chinese medical concepts, anatomy a nd physiology, and modern 50
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eastern medical techniques using acupuncture and eastern 51
medicine to identify, and evaluate and manage abnormal 52
conditions, for the promotion, maintenance, and restoration of 53
health, and the prevention of human disease as set fort h in this 54
chapter. The practice of acupuncture includes, but is not 55
limited to, the stimulation of points, areas of the body, and 56
tissues using needles, devices, and other means defined by board 57
rule; the exercise of prescriptive rights as set forth in thi s 58
chapter; and the use of adjunctive therapies as defined by board 59
rule. 60
(9)(7) "Prescriptive rights" means the prescription, 61
administration, and use of needles and devices, restricted 62
devices, and prescription devices , and the recommendation for or 63
ordering of, or administration of herbs, homeopathics, and other 64
nutritional supplements in sterile form, clinical lab tests, and 65
diagnostic imaging that are used in the practice of acupuncture 66
and eastern oriental medicine unless otherwise prohibited by 67
state or federal law or regulation . For the purposes of this 68
subsection herbs, homeopathics, and other nutritional 69
supplements in sterile form includes, but is not limited to, 70
products specially compounded or manufactured commercially for 71
injection by means of a hypodermic needle, including vitamins, 72
minerals, lipids, sugars, carbohydrates, amino acids, natural 73
compounds, natural substances, and local anesthetics. The term 74
does not include ophthalmic or oral inhalation drugs in aqueous 75
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format, corticosteroids, a ntibiotics, vaccinations, botulinum 76
toxin, and controlled substances as defined in s. 893.02 or 77
other medications not used for the practice of acupuncture. 78
Section 2. Paragraphs (b), (c), and (d) of subsection (2) 79
of section 457.105, Florida Statutes, are amended, and paragraph 80
(e) is added to that subsection, to read: 81
457.105 Licensure qualifications and fees. — 82
(2) A person may become licensed to practice acupuncture 83
if the person applies to the department and: 84
(b) Has completed 60 college credits from an accredited 85
postsecondary institution as a prerequisite to enrollment in an 86
authorized 3-year course of study in acupuncture and oriental 87
medicine, and has completed a 3 -year course of study in 88
acupuncture and oriental medicine, and effective July 31, 2001, 89
a 4-year course of study in acupuncture and eastern oriental 90
medicine, which meets standards established by the board by 91
rule, including which standards include , but are not limited to, 92
successful completion o f academic courses in western anatomy, 93
western physiology, western pathology, western biomedical 94
terminology, first aid, and cardiopulmonary resuscitation (CPR) . 95
However, any person who enrolled in an authorized course of 96
study in acupuncture before August 1, 1997, must have completed 97
only a 2-year course of study which meets standards established 98
by the board by rule, which standards must include, but are not 99
limited to, successful completion of academic courses in western 100
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anatomy, western physiology, and western pathology; 101
(c) Has successfully completed a board -approved national 102
examination and certification process and, meets the 103
requirements for licensure by endorsement under s. 456.0145 , or 104
passes an examination administered by the department, which 105
examination tests the applicant's competency and knowledge of 106
the practice of acupuncture and oriental medicine . At the 107
request of any applicant, traditional oriental nomenclature for 108
the points shall be used in the examination. The examination 109
shall include a practical examination of the knowledge and 110
skills required to practice modern and traditional acupuncture 111
and eastern oriental medicine, covering diagnostic and treatment 112
techniques and procedures; and 113
(d) Pays the required fees set by the board by rule not to 114
exceed the following amounts: 115
1. Examination fee: $500 plus the actual per applicant 116
cost to the department for purchase of the written and practical 117
portions of the examination from a national organization 118
approved by the board. 119
1.2. Application fee: $300. 120
3. Reexamination fee: $500 plus the actual per applicant 121
cost to the department for purchase of the written and practical 122
portions of the examinat ion from a national organization 123
approved by the board. 124
2.4. Initial biennial licensure fee: $400, if licensed in 125
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the first half of the biennium, and $200, if licensed in the 126
second half of the biennium. 127
(e) This subsection does not prohibit an acupunc turist 128
licensed in another state, the District of Columbia, or a 129
possession or territory of the United States from performing 130
acupuncture procedures or demonstrating equipment or supplies 131
for educational purposes at a board -approved continuing 132
education program. 133
Section 3. Subsection (3) of section 457.107, Florida 134
Statutes, is amended to read: 135
457.107 Renewal of licenses; continuing education. — 136
(3) The board shall prescribe by rule continuing education 137
requirements of up to 30 hours biennially as a condition for 138
renewal of a license. All education programs must be approved by 139
the board and that contribute to the advancement, extension, or 140
enhancement of professional skills and knowledge related to the 141
practice of acupuncture, whether conducted by a nonprofit or 142
profitmaking entity, are eligible for approval . The continuing 143
professional education requirements must be in acupuncture or 144
eastern oriental medicine subjects, including, but not limited 145
to, anatomy, biological sciences, adjunctive therapies, 146
sanitation and sterilization, emergency protocols, and diseases , 147
or practice management . The board may set a fee of up to $100 148
for each continuing education provider. The licensee shall 149
retain in his or her records the certificates of completion of 150
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continuing professional education requirements. All national and 151
state acupuncture and eastern oriental medicine organizations 152
and acupuncture and eastern oriental medicine schools are 153
approved to provide continuing professional education in 154
accordance with this subsection. 155
Section 4. Section 457.1085, Florida Statutes, is amended 156
to read: 157
457.1085 Infection control. —Prior to November 1, 1986, The 158
board shall adopt rules relating to the prevention of infection, 159
the safe disposal of any potentially infectiou s materials, and 160
other requirements to protect the health, safety, and welfare of 161
the public. Beginning October 1, 1997, All acupuncture needles 162
that are to be used on a patient must be sterile and disposable, 163
and each needle may be used only once. 164
Section 5. Paragraph (b) of subsection (1) of section 165
457.116, Florida Statutes, is amended to read: 166
457.116 Prohibited acts; penalty. — 167
(1) A person may not: 168
(b) Use, in connection with his or her name or place of 169
business, any title or description of s ervices which 170
incorporates the words "acupuncture," "acupuncturist," 171
"certified acupuncturist," "licensed acupuncturist," " eastern 172
oriental medical practitioner"; the letters "L.Ac.," "R.Ac.," 173
"A.P.," or "D.O.M."; or any other words, letters, abbreviations , 174
or insignia indicating or implying that he or she practices 175
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acupuncture unless he or she is a holder of a valid license 176
issued pursuant to ss. 457.101 -457.118; 177
Section 6. This act shall take effect July 1, 2025. 178