FL Chiropractic Laws & Rules cheat sheet

Chiropractic medicine is defined as the diagnosis and treatment of human ailments by the adjustment or manipulation of the articulations of the spine and extremities, and by the use of adjunctive procedures, including but not limited to physiotherapy, electrotherapy, hydrotherapy, and dietary counseling.

A licensed chiropractic physician may not perform surgery, prescribe or administer legend drugs (except as specifically authorized by statute, such as for the treatment of a patient's condition within the scope of chiropractic), or use X-ray therapy (radiation therapy) for treatment purposes.

Chiropractic physicians may take and interpret X-rays for diagnostic purposes and may order and interpret laboratory tests and other diagnostic procedures necessary to the practice of chiropractic.

The practice of chiropractic medicine includes the performance of manipulative therapy and the use of physical modalities, but does not include the practice of medicine, osteopathic medicine, podiatry, or dentistry except as expressly authorized.

A chiropractic physician may perform acupuncture only if certified by the Board after meeting specified training requirements; otherwise, acupuncture is outside the scope of chiropractic practice.

The Board of Chiropractic Medicine is created within the Department of Health and consists of seven members appointed by the Governor: five licensed chiropractic physicians, one lay member, and one physician licensed under chapter 458 or 459.

Licensure requires graduation from a chiropractic college accredited by the Council on Chiropractic Education (or equivalent), passage of the National Board of Chiropractic Examiners (NBCE) examinations and the Florida jurisprudence examination, and completion of any required postgraduate training.

The term 'chiropractic physician' is the title used for a licensed practitioner under chapter 460; unlicensed practice or use of the title is a criminal offense.

The Board consists of seven members: five chiropractic physicians, one layperson, and one allopathic or osteopathic physician, each appointed by the Governor for four-year terms, with a limit of two consecutive terms.

The Board must meet at least twice each year and may hold additional meetings as necessary; a majority of members constitutes a quorum, and a majority of those present is required to take official action.

The Board has authority to adopt rules pursuant to the Administrative Procedure Act (chapter 120) to implement the provisions of chapter 460, including rules on licensure, discipline, continuing education, and practice standards.

The Board is authorized to appoint committees, including probable cause panels, to investigate complaints and determine whether probable cause exists to initiate disciplinary proceedings.

Board members are entitled to per diem and travel expenses as provided by law, and are subject to conflict-of-interest and financial disclosure requirements.

The Board must maintain a system of online continuing education tracking and may approve providers of continuing education courses.

The Board may impose administrative fines, probation, suspension, or revocation of licenses, and may require remedial education or community service as conditions of probation.

The Board's rulemaking must not exceed the authority granted by statute; rules that conflict with statutory provisions are invalid.

An applicant for licensure must submit a completed application, pay the required fee, and provide proof of graduation from an accredited chiropractic college, official transcripts, and verification of NBCE scores.

The Board may require an applicant to pass the Florida jurisprudence examination, which tests knowledge of Florida law and rules governing chiropractic practice.

Licensure by endorsement may be granted to an applicant who holds a valid, active license in another state, provided the applicant meets equivalent educational and examination requirements and has no disciplinary history that would disqualify them.

A license must be renewed biennially; the renewal fee is set by the Board, and failure to renew by the expiration date results in a delinquent status and may require a late fee and proof of continuing education.

A licensee who fails to renew for more than two consecutive biennial periods may be required to reapply and demonstrate current competence, including reexamination or additional training.

An inactive license may be obtained by notifying the Board and paying the required fee; an inactive licensee may not practice until the license is reactivated upon meeting current requirements.

The Board may issue a temporary license to an applicant who meets all requirements except the jurisprudence examination, but the temporary license expires upon completion of the examination or after a specified period.

All licenses issued by the Board are subject to the provisions of chapter 456, including the requirement to report changes of address within a specified time.

Grounds for disciplinary action include, but are not limited to: fraud or misrepresentation in obtaining a license, practicing beyond the scope of chiropractic, gross or repeated malpractice, incompetence, and violating a lawful order of the Board.

Other grounds include: being convicted of a felony or a crime involving moral turpitude, using alcohol or drugs to the extent that practice is impaired, and failing to report a violation of the practice act by another licensee.

Penalties the Board may impose include: revocation or suspension of license, restriction of practice, administrative fine (not to exceed $10,000 per violation), probation, reprimand, and mandatory remedial education.

The Board may also require a licensee to undergo a mental or physical examination, participate in a rehabilitation program, or perform community service as conditions of probation.

A licensee must report to the Board any adverse action taken against them by another jurisdiction or healthcare facility within 30 days.

The Board may take disciplinary action against a licensee who fails to maintain accurate patient records, violates patient confidentiality, or fails to obtain informed consent.

The disciplinary process typically begins with a complaint filed with the Department of Health, followed by investigation, probable cause determination, and a formal administrative hearing under chapter 120 if contested.

A licensee may be subject to an emergency suspension if the Board finds that immediate serious danger to the public health, safety, or welfare exists.

A chiropractic physician must maintain accurate, legible, and complete patient records that include the patient's history, examination findings, diagnosis, treatment plan, and progress notes.

Patient records must be retained for at least five years from the date of the last patient encounter, or for minors, until the patient reaches age 18 plus five years, whichever is longer.

A patient is entitled to a copy of their medical records upon written request; the provider may charge a reasonable fee for copying and may not withhold records for an unpaid bill.

Informed consent must be obtained before initiating treatment, and the consent must be documented in the patient record; it must include the nature of the procedure, risks, benefits, and alternatives.

Patient information is confidential and may not be disclosed without the patient's written authorization, except as required by law (e.g., subpoena, mandatory reporting, or public health requirements).

A licensee must report suspected child abuse, elder abuse, or neglect to the appropriate authorities as required by Florida law.

Records must be kept in a secure location and protected from unauthorized access; electronic records must have appropriate safeguards.

Upon closing a practice, a licensee must arrange for the retention or transfer of patient records and notify patients of the availability of their records.

Advertising must be truthful and not misleading; a licensee may not make false, deceptive, or exaggerated claims about the effectiveness of treatment or the licensee's qualifications.

A licensee may not advertise through the use of testimonials that imply a cure or guarantee of results, or that use a patient's name without written consent.

Fee-splitting is prohibited: a licensee may not pay or receive any commission, rebate, or other compensation for the referral of patients, except as permitted for bona fide employees or partners.

A licensee may not offer or give any gift, prize, or item of value to a patient as an inducement to use their services, unless the value is nominal.

Solicitation of patients is prohibited, including direct contact with a prospective patient who has not requested information, if the solicitation is motivated by financial gain.

Advertisements must include the licensee's name and title as licensed; use of the term 'doctor' must be accompanied by the degree and license designation.

A licensee may not advertise a specialty unless they have completed board-certified training or have a credential recognized by the Board.

The Board may impose penalties for advertising violations, including fines and license suspension.

Chiropractic physicians must comply with universal precautions and infection control guidelines, including hand hygiene, use of personal protective equipment, and proper sterilization of equipment.

Reusable instruments and equipment must be cleaned and sterilized according to accepted standards; single-use items must be discarded after one use.

The office must have a written infection control plan, and staff must be trained on its implementation.

Recordkeeping must include documentation of the patient's chief complaint, history, examination, diagnosis, treatment, and response to treatment.

Informed consent must be documented in the record, including a discussion of risks and benefits.

A licensee must maintain a current address on file with the Board and must notify the Board of any change within 10 days.

Practice standards require that a chiropractic physician only treat patients after a thorough examination and diagnosis, and that treatment be within the scope of chiropractic.

A licensee must be able to justify the care provided and must maintain records that support the necessity and appropriateness of treatment.

Licensees must complete 30 hours of continuing education every two years, including at least 2 hours in medical errors, 2 hours in Florida laws and rules, and 2 hours in ethics.

Continuing education courses must be approved by the Board or by a recognized accrediting body; the Board may require specific coursework in areas such as recordkeeping or infection control.

A licensee must maintain documentation of continuing education for at least four years and submit it upon request by the Board.

Mandatory reporting: a licensee must report to the Board any licensee who is impaired by drugs or alcohol or who has violated the practice act in a manner that poses a risk to patients.

A licensee must report any adverse event or patient injury that occurs in the office if it results in serious harm, as required by law.

Failure to comply with continuing education requirements may result in a citation, fine, or license suspension until compliance is achieved.

The Board may waive continuing education requirements for licensees who are on active military duty or who have a documented hardship.

Licensees must report to the Board any change in their practice status, such as retirement or relocation, within a specified time.