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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 any person licensed as provided 27
in this chapter to practice acupuncture as a primary health care 28
provider. 29
(3) "Board" means the Board of Acupuncture. 30
(4)(5) "Department" means the Depar tment 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 a practice that 36
employs assessment, health history, physical examination, the 37
use of acupuncture diagnosis and diagnostic techniques, the use 38
of acupuncture, electroacupuncture, Qi Gong, eastern oriental 39
massage, herbal therapy, dietary guidelines, acupoint injection, 40
and other adjunctive therapies. 41
(7)(4) "License" means the document of authorization 42
issued by the department for a person to engage in the practice 43
of acupuncture. 44
(8) "Practice of acupuncture" means to provide services 45
that apply traditional Chinese medical concepts, anatomy and 46
physiology, and modern eastern medical techniques using 47
acupuncture and eastern medicine, and the exercise of 48
prescriptive rights as provided under subsection (9) to identify 49
and evaluate and manage abnormal condit ions, for the promotion, 50
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maintenance, and restoration of health. The practice of 51
acupuncture includes stimulation of points, areas of the body, 52
and tissues using needles and devices. 53
(9)(7) "Prescriptive rights" means the prescription, 54
administration, and use of needles and devices, restricted 55
devices, and prescription devices , and the recommendation for or 56
ordering of, or administration of herbs, homeopathics, and other 57
nutritional supplements in sterile form that are used in the 58
practice of acupuncture and eastern oriental medicine unless 59
otherwise prohibited by state or federal law or regulation . For 60
the purposes of this subsection herbs, homeopathics, and other 61
nutritional supplements in sterile form includes vitamins, 62
minerals, lipids, sugars, carbohy drates, and amino acids. The 63
term does not include ophthalmic or oral inhalation drugs in 64
aqueous format, corticosteroids, antibiotics, vaccinations, 65
botulinum toxin, and controlled substances as defined in s. 66
893.02, medicinal drugs as defined in s. 465.0 03, or other 67
medications not used for the practice of acupuncture. 68
Section 2. Paragraphs (b), (c), and (d) of subsection (2) 69
of section 457.105, Florida Statutes, are amended, and paragraph 70
(e) is added to that subsection, to read: 71
457.105 Licensure qualifications and fees. — 72
(2) A person may become licensed to practice acupuncture 73
if the person applies to the department and: 74
(b) Has completed 60 college credits from an accredited 75
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postsecondary institution as a prerequisite to enrollment in an 76
authorized 3-year course of study in acupuncture and oriental 77
medicine, and has completed a 3 -year course of study in 78
acupuncture and oriental medicine, and effective July 31, 2001, 79
a 4-year course of study in acupuncture and eastern oriental 80
medicine, which meets standards established by the board by 81
rule, including which standards include , but are not limited to, 82
successful completion of academic courses in western anatomy, 83
western physiology, western pathology, western biomedical 84
terminology, first aid, and cardiopulmonary resuscitation (CPR) , 85
and 60 hours of study in injection therapy . However, any person 86
who enrolled in an authorized course of study in acupuncture 87
before August 1, 1997, must have completed only a 2 -year course 88
of study which meets standards established by the board by rule, 89
which standards must include, but are not limited to, successful 90
completion of academic courses in western anatomy, western 91
physiology, and western pathology ; 92
(c) Has successfully completed a board -approved national 93
examination and certification process or, meets the requirements 94
for licensure by endorsement under s. 456.0145 , or passes an 95
examination administered by the department, which examination 96
tests the applicant's competency and knowledge of the practice 97
of acupuncture and oriental medicine . At the request of any 98
applicant, traditional oriental nomenclature for the points 99
shall be used in the examination. The examination shall include 100
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a practical examination of the knowledge and skills required to 101
practice modern and traditional acupuncture and eastern oriental 102
medicine, covering diagnostic and treatment techniques and 103
procedures; and 104
(d) Pays the required fees set by the board by rul e not to 105
exceed the following amounts: 106
1. Examination fee: $500 plus the actual per applicant 107
cost to the department for purchase of the written and practical 108
portions of the examination from a national organization 109
approved by the board. 110
1.2. Application fee: $300. 111
3. Reexamination fee: $500 plus the actual per applicant 112
cost to the department for purchase of the written and practical 113
portions of the examination from a national organization 114
approved by the board. 115
2.4. Initial biennial licensure fee : $400, if licensed in 116
the first half of the biennium, and $200, if licensed in the 117
second half of the biennium. 118
(e) This subsection does not prohibit an acupuncturist 119
licensed in another state, the District of Columbia, or a 120
possession or territory of t he United States from performing 121
acupuncture procedures or demonstrating equipment or supplies 122
for educational purposes at a board -approved continuing 123
education program. 124
Section 3. Subsection (3) of section 457.107, Florida 125
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Statutes, is amended to read : 126
457.107 Renewal of licenses; continuing education. — 127
(3) The board shall prescribe by rule continuing education 128
requirements of up to 30 hours biennially as a condition for 129
renewal of a license. All education programs must be approved by 130
the board and that contribute to the advancement, extension, or 131
enhancement of professional skills and knowledge related to the 132
practice of acupuncture, whether conducted by a nonprofit or 133
profitmaking entity, are eligible for approval . The continuing 134
professional education requirements must be in acupuncture or 135
eastern oriental medicine subjects, including, but not limited 136
to, anatomy, biological sciences, adjunctive therapies, 137
sanitation and sterilization, emergency protocols, and diseases , 138
or practice management . The board may set a fee of up to $100 139
for each continuing education provider. The licensee shall 140
retain in his or her records the certificates of completion of 141
continuing professional education requirements. All national and 142
state acupuncture and eastern oriental medicine organizations 143
and acupuncture and eastern oriental medicine schools are 144
approved to provide continuing professional education in 145
accordance with this subsection. 146
Section 4. Section 457.1085, Florida Statutes, is amended 147
to read: 148
457.1085 Infection control.—Prior to November 1, 1986, The 149
board shall adopt rules relating to the prevention of infection, 150
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the safe disposal of any potentially infectious materials, and 151
other requirements to protect the health, safety, and welfare of 152
the public. Beginning October 1, 1997, All acupuncture needles 153
that are to be used on a patient must be sterile and disposable, 154
and each needle may be used only once. 155
Section 5. Paragraph (b) of subsection (1) of section 156
457.116, Florida Statutes, is amended to r ead: 157
457.116 Prohibited acts; penalty. — 158
(1) A person may not: 159
(b) Use, in connection with his or her name or place of 160
business, any title or description of services which 161
incorporates the words "acupuncture," "acupuncturist," 162
"certified acupuncturist ," "licensed acupuncturist," " eastern 163
oriental medical practitioner"; the letters "L.Ac.," "R.Ac.," 164
"A.P.," or "D.O.M."; or any other words, letters, abbreviations, 165
or insignia indicating or implying that he or she practices 166
acupuncture unless he or she is a holder of a valid license 167
issued pursuant to ss. 457.101 -457.118; 168
Section 6. This act shall take effect July 1, 2025. 169