Florida Senate - 2025 SB 1722 By Senator Wright 8-00644-25 20251722__ 1 A bill to be entitled 2 An act relating to acupuncture; reordering and 3 amending s. 457.102, F.S.; revising definitions and 4 defining terms; amending s. 457.105, F.S.; revising 5 licensure requirements for acupuncturists; eliminating 6 certain examination fees; providing construction; 7 creating s. 457.106, F.S.; providing applicability; 8 amending s. 457.107, F.S.; revising requirements for 9 continuing education programs for acupuncturists; 10 amending s. 457.1085, F.S.; deleting obsolete 11 language; amending s. 457.116, F.S.; prohibiting 12 persons not licensed to practice acupuncture from 13 using specified titles or letters in connection with 14 their names or places of business; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Section 457.102, Florida Statutes, is reordered 20 and amended to read: 21 457.102Definitions.As used in this chapter: 22 (1)Acupuncture means a form of primary health care, 23 based on traditional Chinese medical concepts and modern Eastern 24 oriental medical techniques, which that employs acupuncture 25 diagnosis and treatment, as well as adjunctive therapies and 26 diagnostic techniques, for the promotion, maintenance, and 27 restoration of health and the prevention of disease. Acupuncture 28 includes shall include, but is not be limited to, the insertion 29 of acupuncture needles and the application of moxibustion to 30 specific areas of the human body and the use of 31 electroacupuncture, Qi Gong, Eastern oriental massage, herbal 32 therapy, dietary guidelines, and other adjunctive therapies, as 33 defined by board rule. 34 (2)Acupuncturist and acupuncture physician means a 35 non-physician practitioner of the healing arts any person 36 licensed under as provided in this chapter to practice 37 acupuncture as a primary health care provider. 38 (3)Board means the Board of Acupuncture. 39 (5)Direct supervision means the immediate, onsite 40 supervision of one or more licensed acupuncture physicians where 41 the acupuncture physician assumes legal liability, either 42 individually or collectively, for the supervised actions. 43 (6)Dry needling means trigger point acupuncture. 44 (8)(4)License means the document of authorization issued 45 by the department for a person to engage in the practice of 46 acupuncture. 47 (4)(5)Department means the Department of Health. 48 (7)(6)Eastern Oriental medicine means the use of a 49 healing art that employs assessment, health history, physical 50 examination, and acupuncture diagnosis and diagnostic 51 techniques, including referral for diagnostic imaging and 52 clinical laboratory testing, to evaluate, manage, and correct an 53 abnormal health condition using acupuncture, electroacupuncture, 54 Qi Gong, Eastern oriental massage, herbal therapy, dietary 55 guidelines, acupoint injection, manual therapy, and other 56 adjunctive therapies. 57 (9)Practice of acupuncture means providing primary 58 health care and treatment services that apply traditional 59 Chinese medical concepts, anatomy and physiology, and modern 60 Eastern medical techniques using acupuncture and Eastern 61 medicine to identify, evaluate, and manage abnormal health 62 conditions for the promotion, maintenance, and restoration of 63 health, and the prevention of human disease as set forth in this 64 chapter. The practice of acupuncture includes, but is not 65 limited to, the stimulation of points, areas of the body, and 66 tissues using needles, devices, dry needling, and other means 67 defined by board rule; the exercise of prescriptive rights as 68 set forth in this chapter; and the use of adjunctive therapies 69 as defined by board rule. 70 (10)(7)Prescriptive rights means the prescription, 71 administration, and use of needles and devices, restricted 72 devices, and prescription devices and the recommendation for, or 73 ordering or administration of, herbs, homeopathic remedies, and 74 other nutritional supplements in sterile form, clinical lab 75 tests and diagnostic imaging that are used in the practice of 76 acupuncture and Eastern oriental medicine unless otherwise 77 prohibited by state or federal law or regulation. For the 78 purposes of this definition, herbs, homeopathic remedies, and 79 other nutritional supplements in sterile form include, but are 80 not limited to, products specially compounded or manufactured 81 commercially for injection by means of a hypodermic needle, 82 including vitamins, minerals, lipids, sugars, carbohydrates, 83 amino acids, natural compounds, natural substances, and local 84 anesthetics. 85 86 Products excluded for use under this definition are ophthalmic 87 or oral inhalation drugs in aqueous format, corticosteroids, 88 antibiotics, vaccinations, botulinum toxin, and controlled 89 substances defined under chapter 893, or other medications not 90 used for the practice of acupuncture. 91 Section 2.Subsection (2) of section 457.105, Florida 92 Statutes, as amended by section 8 of chapter 2024-243, Laws of 93 Florida, is amended, and subsection (3) is added to that 94 section, to read: 95 457.105Licensure qualifications and fees. 96 (2)A person may become licensed to practice acupuncture if 97 the person applies to the department and meets all of the 98 following criteria: 99 (a)Is 21 years of age or older, has good moral character, 100 and has the ability to communicate in English, which is 101 demonstrated by having passed the national written examination 102 in English or, if such examination was passed in a foreign 103 language, by also having passed a nationally recognized English 104 proficiency examination. 105 (b)Has completed 60 college credits from an accredited 106 postsecondary institution as a prerequisite to enrollment in an 107 authorized 3-year course of study in acupuncture and oriental 108 medicine, and has completed a 3-year course of study in 109 acupuncture and oriental medicine, and effective July 31, 2001, 110 a 4-year course of study in acupuncture and Eastern oriental 111 medicine, which meets standards established by the board by 112 rule, including which standards include, but are not limited to, 113 successful completion of academic courses in Western anatomy, 114 Western physiology, Western pathology, Western biomedical 115 terminology, first aid, and cardiopulmonary resuscitation (CPR). 116 However, any person who enrolled in an authorized course of 117 study in acupuncture before August 1, 1997, must have completed 118 only a 2-year course of study which meets standards established 119 by the board by rule, which standards must include, but are not 120 limited to, successful completion of academic courses in western 121 anatomy, western physiology, and western pathology. 122 (c)Has successfully completed a board-approved national 123 examination and certification process or, meets the requirements 124 for licensure by endorsement under s. 456.0145, or passes an 125 examination administered by the department, which examination 126 tests the applicants competency and knowledge of the practice 127 of acupuncture and oriental medicine. At the request of any 128 applicant, traditional oriental nomenclature for the points must 129 be used in the examination. The examination must include a 130 practical examination of the knowledge and skills required to 131 practice modern and traditional acupuncture and Eastern oriental 132 medicine, covering diagnostic and treatment techniques and 133 procedures. 134 (d)Pays the required fees set by the board by rule not to 135 exceed the following amounts: 136 1.Examination fee: $500 plus the actual per applicant cost 137 to the department for purchase of the written and practical 138 portions of the examination from a national organization 139 approved by the board. 140 2.Application fee: $300. 141 3.Reexamination fee: $500 plus the actual per applicant 142 cost to the department for purchase of the written and practical 143 portions of the examination from a national organization 144 approved by the board. 145 2.4.Initial biennial licensure fee: $400, if licensed in 146 the first half of the biennium, and $200, if licensed in the 147 second half of the biennium. 148 (e)Submits to background screening in accordance with s. 149 456.0135. 150 (3)This section does not prohibit an acupuncturist 151 licensed in another state, the District of Columbia, or a 152 possession or territory of the United States from performing 153 acupuncture procedures or demonstrating equipment or supplies 154 for educational purposes at a board-approved continuing 155 education program. 156 Section 3.Section 457.106, Florida Statutes, is created to 157 read: 158 457.106Exemptions.This chapter does not apply to: 159 (1)Other duly licensed health care practitioners acting 160 within their authorized scope of practice. 161 (2)An acupuncture student enrolled in an acupuncture 162 college or program accredited by the Accreditation Commission 163 for Acupuncture and Herbal Medicine Education who is 164 participating in either: 165 (a)A community-based internship or externship under the 166 direct supervision of a licensed acupuncturist who is 167 credentialed as an adjunct faculty member of an acupuncture 168 college in which the student is enrolled; or 169 (b)An acupuncture college clinical internship under the 170 direct supervision of a licensed acupuncturist who is a full 171 time, part-time, or adjunct faculty member of an acupuncture 172 college or program located in this state which is accredited by 173 the Accreditation Commission for Acupuncture and Herbal Medicine 174 and who holds a current, active acupuncturists license under 175 this chapter. 176 (3)An acupuncturist who holds an active license in another 177 state, the District of Columbia, or a possession or territory of 178 the United States and is performing acupuncture procedures or 179 demonstrating equipment or supplies for educational purposes at 180 a board-approved continuing education program. 181 Section 4.Subsection (3) of section 457.107, Florida 182 Statutes, is amended to read: 183 457.107Renewal of licenses; continuing education. 184 (3)The board shall prescribe by rule continuing education 185 requirements of up to 30 hours biennially as a condition for 186 renewal of a license. All education programs must be approved by 187 the board and that contribute to the advancement, extension, or 188 enhancement of professional skills and knowledge related to the 189 practice of acupuncture, whether conducted by a nonprofit or 190 profitmaking entity, are eligible for approval. The continuing 191 professional education requirements must be in acupuncture or 192 Eastern oriental medicine subjects, including, but not limited 193 to, anatomy, biological sciences, adjunctive therapies, 194 sanitation and sterilization, emergency protocols, and diseases, 195 or in practice management. The board may set a fee of up to $100 196 for each continuing education provider. The licensee shall 197 retain in his or her records the certificates of completion of 198 continuing professional education requirements. All national and 199 state acupuncture and Eastern oriental medicine organizations 200 and acupuncture and Eastern oriental medicine schools are 201 approved to provide continuing professional education in 202 accordance with this subsection. 203 Section 5.Section 457.1085, Florida Statutes, is amended 204 to read: 205 457.1085Infection control.Prior to November 1, 1986, The 206 board shall adopt rules relating to the prevention of infection, 207 the safe disposal of any potentially infectious materials, and 208 other requirements to protect the health, safety, and welfare of 209 the public. Beginning October 1, 1997, All acupuncture needles 210 that are to be used on a patient must be sterile and disposable, 211 and each needle may be used only once. 212 Section 6.Subsection (1) of section 457.116, Florida 213 Statutes, is amended to read: 214 457.116Prohibited acts; penalty. 215 (1)A person may not: 216 (a)Practice acupuncture unless the person is licensed 217 under ss. 457.101-457.118; 218 (b)Use, in connection with his or her name or place of 219 business, any title or description of services which 220 incorporates the words acupuncture, acupuncture physician, 221 acupuncturist, certified acupuncturist, licensed 222 acupuncturist, oriental medical practitioner; the letters 223 A.P., D.Ac., DAOM, D.O.M., L.Ac., or R.Ac., A.P., 224 or D.O.M.; or any other words, letters, abbreviations, or 225 insignia indicating or implying that he or she practices 226 acupuncture unless he or she is a holder of a valid license 227 issued pursuant to ss. 457.101-457.118; 228 (c)Present as his or her own the license of another; 229 (d)Knowingly give false or forged evidence to the board or 230 a member thereof; 231 (e)Use or attempt to use a license that has been 232 suspended, revoked, or placed on inactive or delinquent status; 233 (f)Employ any person who is not licensed pursuant to ss. 234 457.101-457.118 to engage in the practice of acupuncture; or 235 (g)Conceal information relating to any violation of ss. 236 457.101-457.118. 237 Section 7.This act shall take effect July 1, 2025.