THE BILL ITSELF
HB 169
Acupuncture
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A bill to be entitled
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An act relating to acupuncture; amending s. 457.102,
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F.S.; revising and providing definitions; amending s.
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457.105, F.S.; revising licensure requirements;
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providing applicability; amending ss. 457.107 and
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457.116, F.S.; conforming provisions to changes made
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by the act; amending s. 457.1085, F.S.; removing
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obsolete provisions; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 457.102, Florida Statutes, is amended
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to read:
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457.102 Definitions.—As used in this chapter:
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(1) "Acupuncture" means a form of primary health care,
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based on traditional Chinese medical concepts and modern eastern
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oriental medical techniques, that employs acupuncture diagnosis
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and treatment, as well as adjunctive therapies and diagnostic
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techniques, for the promotion, maintenance, and restoration of
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health and the prevention of disease. Acupuncture includes shall
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include, but is not be limited to, the insertion of acupuncture
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needles and the application of moxibustion to specific areas of
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the human body and the use of electroacupuncture, Qi Gong,
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eastern oriental massage, herbal therapy, dietary guidelines,
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and other adjunctive therapies, as defined by board rule.
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(2) "Acupuncturist" means any person licensed under as
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provided in this chapter to practice acupuncture as a primary
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health care provider.
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(3) "Board" means the Board of Acupuncture.
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(4)(5) "Department" means the Department of Health.
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(5) "Direct supervision" means the immediate onsite
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supervision of other Florida licensees where the acupuncturist
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individually or collectively assumes legal liability for the
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supervised actions.
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(6) "Eastern Oriental medicine" means a practice that
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employs assessment, health history, physical examination, the
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use of acupuncture diagnosis and diagnostic techniques, the use
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of acupuncture, electroacupuncture, Qi Gong, eastern oriental
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massage, herbal therapy, dietary guidelines, acupoint injection,
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and other adjunctive therapies.
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(7)(4) "License" means the document of authorization
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issued by the department for a person to engage in the practice
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of acupuncture.
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(8) "Practice of acupuncture" means to provide services
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that apply traditional Chinese medical concepts, anatomy and
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physiology, and modern eastern medical techniques using
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acupuncture and eastern medicine, and the exercise of
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prescriptive rights as provided under subsection (9) to identify
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and evaluate and manage abnormal conditions, for the promotion,
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maintenance, and restoration of health. The practice of
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acupuncture includes stimulation of points, areas of the body,
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and tissues using needles and devices.
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(9)(7) "Prescriptive rights" means the prescription,
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administration, and use of needles and devices, restricted
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devices, and prescription devices, and the recommendation for or
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ordering of, or administration of herbs, homeopathics, and other
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nutritional supplements in sterile form that are used in the
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practice of acupuncture and eastern oriental medicine unless
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otherwise prohibited by state or federal law or regulation. For
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the purposes of this subsection, "herbs, homeopathics, and other
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nutritional supplements in sterile form" includes vitamins,
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minerals, lipids, sugars, carbohydrates, and amino acids. The
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term does not include ophthalmic or oral inhalation drugs in
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aqueous format, corticosteroids, antibiotics, vaccinations,
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botulinum toxin, controlled substances as defined in s. 893.02,
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medicinal drugs as defined in s. 465.003, or other medications
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not used for the practice of acupuncture.
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Section 2. Paragraphs (b), (c), and (d) of subsection (2)
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of section 457.105, Florida Statutes, are amended, and paragraph
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(e) is added to that subsection, to read:
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457.105 Licensure qualifications and fees.—
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(2) A person may become licensed to practice acupuncture
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if the person applies to the department and meets all of the
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following criteria:
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(b) Has completed 60 college credits from an accredited
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postsecondary institution as a prerequisite to enrollment in an
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authorized 3-year course of study in acupuncture and oriental
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medicine, and has completed a 3-year course of study in
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acupuncture and oriental medicine, and effective July 31, 2001,
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a 4-year course of study in acupuncture and eastern oriental
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medicine, which meets standards established by the board by
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rule, including which standards include, but are not limited to,
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successful completion of academic courses in western anatomy,
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western physiology, western pathology, western biomedical
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terminology, first aid, and cardiopulmonary resuscitation (CPR),
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and 60 hours of study in injection therapy. However, any person
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who enrolled in an authorized course of study in acupuncture
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before August 1, 1997, must have completed only a 2-year course
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of study which meets standards established by the board by rule,
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which standards must include, but are not limited to, successful
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completion of academic courses in western anatomy, western
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physiology, and western pathology.
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(c) Has successfully completed a board-approved national
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examination and certification process or, meets the requirements
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for licensure by endorsement under s. 456.0145, or passes an
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examination administered by the department, which examination
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tests the applicant's competency and knowledge of the practice
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of acupuncture and oriental medicine. At the request of any
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applicant, traditional oriental nomenclature for the points must
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be used in the examination. The examination must include a
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practical examination of the knowledge and skills required to
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practice modern and traditional acupuncture and eastern oriental
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medicine, covering diagnostic and treatment techniques and
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procedures.
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(d) Pays the required fees set by the board by rule not to
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exceed the following amounts:
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1. Examination fee: $500 plus the actual per applicant
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cost to the department for purchase of the written and practical
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portions of the examination from a national organization
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approved by the board.
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1.2. Application fee: $300.
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3. Reexamination fee: $500 plus the actual per applicant
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cost to the department for purchase of the written and practical
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portions of the examination from a national organization
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approved by the board.
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2.4. Initial biennial licensure fee: $400, if licensed in
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the first half of the biennium, and $200, if licensed in the
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second half of the biennium.
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(e) This subsection does not prohibit an acupuncturist
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licensed in another state, the District of Columbia, or a
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possession or territory of the United States from performing
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acupuncture procedures or demonstrating equipment or supplies
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for educational purposes at a board-approved continuing
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education program.
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Section 3. Subsection (3) of section 457.107, Florida
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Statutes, is amended to read:
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457.107 Renewal of licenses; continuing education.—
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(3) The board shall prescribe by rule continuing education
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requirements of up to 30 hours biennially as a condition for
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renewal of a license. All education programs must be approved by
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the board and that contribute to the advancement, extension, or
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enhancement of professional skills and knowledge related to the
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practice of acupuncture, whether conducted by a nonprofit or
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profitmaking entity, are eligible for approval. The continuing
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professional education requirements must be in acupuncture or
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eastern oriental medicine subjects, including, but not limited
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to, anatomy, biological sciences, adjunctive therapies,
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sanitation and sterilization, emergency protocols, and diseases,
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or practice management. The board may set a fee of up to $100
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for each continuing education provider. The licensee shall
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retain in his or her records the certificates of completion of
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continuing professional education requirements. All national and
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state acupuncture and eastern oriental medicine organizations
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and acupuncture and eastern oriental medicine schools are
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approved to provide continuing professional education in
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accordance with this subsection.
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Section 4. Section 457.1085, Florida Statutes, is amended
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to read:
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457.1085 Infection control.—Prior to November 1, 1986, The
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board shall adopt rules relating to the prevention of infection,
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the safe disposal of any potentially infectious materials, and
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other requirements to protect the health, safety, and welfare of
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the public. Beginning October 1, 1997, All acupuncture needles
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that are to be used on a patient must be sterile and disposable,
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and each needle may be used only once.
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Section 5. Paragraph (b) of subsection (1) of section
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457.116, Florida Statutes, is amended to read:
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457.116 Prohibited acts; penalty.—
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(1) A person may not:
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(b) Use, in connection with his or her name or place of
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business, any title or description of services which
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incorporates the words "acupuncture," "acupuncturist,"
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"certified acupuncturist," "licensed acupuncturist," "eastern
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oriental medical practitioner"; the letters "L.Ac.," "R.Ac.,"
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"A.P.," or "D.O.M."; or any other words, letters, abbreviations,
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or insignia indicating or implying that he or she practices
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acupuncture unless he or she is a holder of a valid license
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issued pursuant to ss. 457.101-457.118;
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Section 6. This act shall take effect July 1, 2026.