STORAGE NAME: h0803a.HPP
DATE: 3/27/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 803
TITLE: Acupuncture
SPONSOR(S): Alvarez, J.
COMPANION BILL: SB 1722 (Wright)
LINKED BILLS: None
RELATED BILLS: SB 1722 (Wright)
Committee References
Health Professions & Programs
16 Y, 1 N
Health & Human Services
SUMMARY
Effect of the Bill:
The bill revises the acupuncture practice act, which regulates the practice and licensure of acupuncture. The bill
establishes an express scope of practice for the practice of acupuncture and updates outdated terminology
throughout the practice act. The bill revises continuing education requirements for licensure renewal, requiring the
Board of Acupuncture to approve certain education programs, and adds practice management to the list of subjects
which may be included in continuing education courses.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Scope of Practice
Current law does not does not expressly states the scope of practice for acupuncturists. The bill defines the
practice of acupuncture as providing primary health care and treatment services through the application of
traditional Chinese medical concepts, anatomy and physiology, and modern eastern medical techniques using
acupuncture and eastern medicine to identify, and evaluate and manage abnormal conditions, for the promotion,
maintenance, and restoration of health, and the prevention of human disease. The bill creates an express scope of
practice for an acupuncturist which includes, but is not limited to: (Section 1)
Examination, evaluation and management, analysis, diagnosis, and treatment services;
The use and ordering of testing procedures, diagnostic imaging, and laboratory tests; and
The stimulation of points, areas of the body, and tissues within the body using acupuncture and Eastern
medicine, herbal medicine therapies, nutritional substances, point injection, sterile solutions, qi,
medical instruments, and other devices or means, as defined by Board rule.
Current law gives acupuncturists certain prescriptive rights, which authorize an acupuncturist to prescribe,
administer, and use needles and other devices used in the practice of acupuncture and oriental medicine.
1 The bill
expands a acupuncturist’s prescriptive rights to include the use of the recommendation for or ordering of, or
administration of herbs, homeopathics, and other nutritional supplements in sterile form, clinical lab tests, and
diagnostic imaging in the practice of acupuncture and eastern medicine, unless otherwise prohibited by state or
federal laws or regulations. (Section 1)
1 S. 457.102(7), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill specifies that herbs and homeopathics, and other nutritional supplements in sterile form include, but are
not limited to, products specially compounded or manufactured commercially for injection by means of a
hypodermic needle, including vitamins, minerals, lipids, sugars, carbohydrates, amino acids, natural compounds,
natural substances, and local anesthetics. It does not include ophthalmic or oral inhalation drugs in aqueous
format, corticosteroids, antibiotics, vaccinations, botulinum toxin, controlled substances, or other medications not
used for the practice of acupuncture. (Section 1)
Licensure Requirements
Current law does not provide an exception to the licensure requirement for acupuncturists licensed in other states
who are performing acupuncture procedures or demonstrations in Florida for educational purposes. The bill
establishes an exception to the licensure requirement which allows an acupuncturist licensed in another state, the
District of Columbia, or a possession or territory of the United States to perform acupuncture procedures or
demonstrations for educational purposes at a Board-approved continuing education program. (Section 2)
Current law provides exceptions to the licensure educational requirement of having completed a four-year course
of study for applicants who were enrolled in an acupuncture educational program prior to August 1, 1997, and for
those who applied for licensure prior to July 31, 2001. The bill removes these exceptions. (Section 2)
Licensure Examination Fees
Current law requires an applicant to submit payment to DOH for licensure examination and reexamination fees
and requires DOH to use these funds to purchase written and practical portions of the examination from a Board-
approved national organization. Beginning November 1, 1999, DOH stopped administering, and collecting fees for,
the examination and required applicants to apply directly to the National Certification Commission for
Acupuncture and Oriental Medicine to take the exam.
2 The bill removes the requirement that an applicant pay
licensure examination and reexamination fees directly to DOH. (Section 2)
Continuing Education
Current law specifies all education programs that contribute to the advancement, extension, or enhancement of
professional skills and knowledge related to the practice of acupuncture are eligible for approval by the Board, but
does not require Board approval. Current law also lists the subject matters that must be covered as part of the
continuing education requirements for licensed acupuncturists.
3 This list does not include courses on practice
management.
The bill requires all continuing education programs to be approved by the Board and contribute to the
advancement, extension, or enhancement of professional skills and knowledge related to the practice of
acupuncture. The bill also requires continuing education to include the study of practice management. (Section 3)
Infection Control
Current law requires the Board to adopt rules relating to the prevention of infections prior to November 1, 1986.
Current law also requires, effective November 1, 1997, the use of sterile, single-use, disposable acupuncture
needles. The bill removes the outdated statutory language but maintains the infection control requirements.
(Section 4)
Terminology
The bill revises terminology used throughout the acupuncture practice act to align with modern nomenclature
used to describe the practice. The bill deletes references to “oriental” medicine and replaces it with “eastern”
2 Florida Administrative Register, Notice 2360609, regarding DOH Rules 64B1-2.005, F.A.C. Examination Fee, available at
https://flrules.org/Gateway/View_notice.asp?id=2360609, (last visited March 21, 2025). p
3 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
medicine. “Eastern medicine” is the use of a healing art that employs assessment, health history, physical
examination, and the use of acupuncture diagnosis and diagnostic techniques, including referral for diagnostic
imaging and clinical laboratory testing to evaluate, manage, and correct a condition using acupuncture,
electroacupuncture, Qi Gong, eastern oriental massage, herbal therapy, dietary guidelines, acupoint injection,
manual therapy, and other adjunctive therapies. (Sections 1)
The bill makes conforming changes. (Sections 2, 3, and 5)
The bill provides an effective date of July 1, 2025. (Section 6)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Acupuncture
Acupuncture is a form of primary health care based on traditional Chinese medical concepts and modern “oriental”
techniques for the purpose of the promotion, maintenance, and restoration of health and the prevention of disease.
Acupuncture involves the insertion of acupuncture needles and the application of moxibustion
4 to specific areas of
the human body, as well as the use of electroacupuncture, Qi Gong,
5 oriental massage, herbal therapy, dietary
guidelines, and other adjunctive therapies.
6
The Board of Acupuncture (Board), within the Department of Health (DOH), is responsible for the licensure and
regulation of acupuncturists. The Board consists of seven members appointed by the Governor and confirmed by
the Florida Senate. The board must include five licensed acupuncturists and two laypersons who have never been
acupuncturists or members of a closely related profession.
7
Currently, there are 2,607 acupuncturists licensed to practice in Florida.
8
Licensure of Acupuncture
Licensure Requirements
To be licensed to practice acupuncture, a person must apply to DOH and meet all of the following criteria:
9
Be at least 21 years of age, have good moral character, and the ability to communicate in English;
Have completed 60 college credits from an accredited post-secondary institution;
Have completed a four-year course of study in acupuncture and oriental medicine which meets the
standards set by the Board and includes, at a minimum, courses in western anatomy, physiology, pathology,
and biomedical terminology, first aid, and cardiopulmonary resuscitation (CPR);
10 and
Pay the required fees set by the Board.
4 Moxibustion is an external treatment based in traditional Chinese medicine. The practice involves the burning moxa, an herb, adjacent to
specific acupuncture points. See, Deng, H., & Shen, X. The mechanism of moxibustion: ancient theory and modern research. (2013). Evidence-
based complementary and alternative medicine https://doi.org/10.1155/2013/379291
5 Qi Gong is the Chinese system of energy cultivation which uses posture, movement, exercises, breathing, meditation, visualization, and
conscious intent to move, cleanse, or purify Qi (vital energy) to promote, maintain and restore health and to prevent disease. See, Rule 64B1-
4.006, F.A.C.
6 S. 457.102(1), F.S.
7 S. 457.103, F.S.
8 DOH, License Verification, available at https://mqa-internet.doh.state.fl.us/MQASearchServices/HealthCareProviders, (last visited March
21, 2025).
9 S. 457.105(2), F.S.
10 Individuals who were enrolled in a course of study prior to August 1, 1997 were eligible for licensure upon completion of a two-year
course of study which adhered to Board-established standards. Prior to July 31, 2001, individuals were required to have completed a three-
year course of study in acupuncture oriental medicine to be eligible for licensure. See, s. 457.105(2)(b), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
In addition to meeting all of the criteria listed above, an applicant must also meet one of the following
requirements:
11
Has successfully completed a board-approved national certification;
Meets the requirements for licensure by endorsement;
12 or
Passes an examination administered by DOH.
13
Licensure by Endorsement
The Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) Act, authorizes licensure by endorsement
for multiple professions, including the practice of acupuncture.
14 Under the MOBILE Act, the Board of Acupuncture
may grant a license to applicants seeking licensure by endorsement to any person who submits an application and
meets the following requirements:
15
Holds an active, unencumbered license issued by another state, the District of Columbia, or a territory of
the U.S. in a profession with a similar scope of practice, as determined by the Board or DOH;
Has obtained:
o A passing score on a national licensure examination or holds a national certification recognized by
the Board, or DOH if there is no board, as applicable to the profession for which the applicant is
seeking licensure; or
o If the profession applied for does not require a national examination or national certification and
the applicable Board, or the DOH, if there is no board, determines that the jurisdiction in which the
applicant currently holds an active, unencumbered license:
Meets established minimum education requirements; and
The work experience, and clinical supervision requirements are substantially similar to the
requirements for licensure in that profession in Florida;
Has actively practiced the profession for at least three years during the four year period immediately
preceding the application submission;
Attests that he or she is not, at the time of application submission, the subject of a disciplinary proceeding
in a jurisdiction in which he or she holds a license or by the U.S. Department of Defense for reasons related
to the practice of the profession for which he or she is applying;
Has not had disciplinary action taken against him or her in the five years preceding the application
submission application;
Meets the financial responsibility requirements of s. 456.048, F.S., or the applicable practice act; and
Submits a set of fingerprints for a background screening pursuant to s. 456.0135, F.S.
Licensure Fees
Licensure fees are set by the Board and may not exceed the following amounts:
16
Examination Fee: $500 plus the actual per applicant cost to DOH for the purchase of the written and
practical portions of the examination from a Board-approved national organization;
Application Fee: $300;
Reexamination Fee: $500 plus the actual per applicant cost to DOH for purchase of the written and
practical portions of the examination from a Board-approved national organization.
Initial Biennial Licensure Fee: $400, if licensed in the first half of the biennium, and $200, if licensed in
the second half of the biennium.
11 S. 457.105(2), F.S.
12 To obtain licensure by endorsement to practice acupuncture, a person must meet the requirements in s. 456.0145, F.S.
13 The National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination consisting of the Foundations of
Oriental Medicine Module, the Acupuncture with Point Location Module, the Biomedicine Module and the Chinese Herbology Module is the
Board-approved licensure examination. See, 64B1-3.004, F.A.C.
14 s. 456.0145, F.S.
15 S. 457.107(2)(c), F.S., and s. 456.0145, F.S.
16 S. 457.105(2)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
To receive a license to practice acupuncture, each applicant is required to pay $405 in total fees. The fees are
composed of three separate parts: an application fee ($200); initial licensure fee ($200); and an unlicensed activity
fee ($5).
17 The fees must be submitted at the time the application for licensure is received.
18
Prior to October 1999, DOH administered the written and practical examinations for licensure to practice
acupuncture and collected the examination fees. After October 1999, DOH stopped administering, and collecting
fees for, the examination and required applicants to apply directly to the National Certification Commission for
Acupuncture and Oriental Medicine to take the exam.
19 DOH Rules 64B1-2.005, and 64B1-2.006, Florida
Administrative Code (F.A.C), establishing examination and reexamination fees were repealed effective March 1,
2016.
20
Licensure Renewal and Continuing Education
Acupuncturists are required to renew their license to practice biennially. All licenses expire on February 28
th, every
even numbered year.
21 As a condition of licensure renewal, a licensed acupuncturist is required to complete a
minimum of 30 hours of continuing education per biennium.
22 Continuing education programs must be in
acupuncture or oriental medicine subjects, including, but not limited to, anatomy, biological sciences, adjunctive
therapies, sanitation and sterilization, emergency protocols, and diseases.
23 The Board is responsible for evaluating
and approving all continuing education courses.
24
Qualifications for Presenters and Instructors of Continuing Education Programs
Each program offered for continuing education credit must be presented or taught by a person who at a
minimum:
25
Holds a bachelor’s degree from an accredited college or university or a post-secondary education
institution licensed by the State of Florida, with a major in the subject matter to be presented; or
Has graduated from a school of acupuncture, or has completed a tutorial program which has a curriculum
equivalent to the requirements in Florida and was approved by a state licensing authority, a nationally
recognized acupuncture/oriental medicine association or a substantially equivalent accrediting body; and
o Has completed three years of professional experience in the licensed practice of acupuncture; and
Has a minimum of two years teaching experience in the subject matter to be presented, or
o Has taught the same program for which approval is sought a minimum of three times in the past
two years before a professional convention, professional group or at any acupuncture school, or
o Has completed specialized training in the subject matter of the program and has a minimum of two
years of practical experience in the subject.
Current law does not address the performance of acupuncture procedures or the demonstration of equipment or
supplies by out-of-state licensed acupuncturists for educational purposes at Board-approved continuing education
programs.
17 Florida Board of Acupuncture, Licensing and Registration, available at https://floridasacupuncture.gov/licensing/#tab-fees, (last visited
March 21, 2025).
18 Id.
19 Florida Administrative Register, Notice 2360609, regarding DOH Rules 64B1-2.005, F.A.C. Examination Fee, available at
https://flrules.org/Gateway/View_notice.asp?id=2360609, (last visited March 21, 2025). p
20 Florida Administrative Register, 64B1-2.005, F.A.C., Examination Fee (Repealed), available at https://flrules.org/gateway/
RuleNo.asp?title=FEES&ID=64B1-2.005, and Rule 64B1-2.006, F.A.C., Re-Examination Fee (Repealed), at https://flrules.org/gateway/
RuleNo.asp?title=FEES&ID=64B1-2.006, (last visited March 21, 2025).
21 Florida Board of Acupuncture, Licensing and Registration, available at https://floridasacupuncture.gov/licensing/#tab-fees, (last visited
March 21, 2025).
22 S. 457.107, F.S., and Rule 64B1-7.0015, F.A.C.
23 S. 457.107, F.S.
24 Rule 64B1-6.005, F.A.C.
25 Rule 64B1-6.005, F.A.C. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Practice of Acupuncture
An acupuncturist is a person licensed to practice acupuncture.
26 Current law does not does not expressly define the
“practice of acupuncture” or outline the structure of practice for acupuncturists. Under current law, acupuncture is
a form of primary health care, based on traditional Chinese medical concepts and modern oriental medical
techniques, that employs acupuncture diagnosis and treatment, as well as adjunctive therapies and diagnostic
techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.
27
Acupuncture includes, but is not limited to, the insertion of acupuncture needles and the application of
moxibustion to specific areas of the human body and the use of electroacupuncture, Qi Gong, oriental massage,
herbal therapy, dietary guidelines, and other adjunctive therapies. Current law allows the Board discretion in
defining these terms.
28
Current law describes an acupuncturist’s prescriptive authority which authorizes an acupuncturist to prescribe,
administer, and use needles and other devices used in the practice of acupuncture and oriental medicine.
29
Infection Control
The Board is authorized to adopt rules relating to the prevention of infection, the safe disposal of any potentially
infectious materials, and other requirements to protect the health, safety, and welfare of the public.
Under current law, all acupuncture needles used on a patient must be sterile, single-use, and disposable.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/HB 1405 Altman Hooper Died in House
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Health Professions & Programs
Subcommittee
16 Y, 1 N 3/27/2025 McElroy Curry
Health & Human Services
Committee
26 S. 457.102(2), F.S.
27 S. 457.102, F.S.
28 S. 457.102(1), F.S.; see also, 64B1-3.001, F.A.C.
29 S. 457.102(7), F.S.