460.4165  Chiropractic physician's assistants.--

(1)  LEGISLATIVE INTENT.--The purpose of this section is to encourage the more effective utilization of the skills of chiropractic physicians by enabling them to delegate health care tasks to qualified assistants when such delegation is consistent with the patient's health and welfare and to allow for innovative development of programs for the education of physician's assistants.

(2)  PERFORMANCE BY CERTIFIED CHIROPRACTIC PHYSICIAN'S ASSISTANT.--Notwithstanding any other provision of law, a certified chiropractic physician's assistant may perform chiropractic services in the specialty area or areas for which the certified chiropractic physician's assistant is trained or experienced when such services are rendered under the supervision of a licensed chiropractic physician or group of chiropractic physicians certified by the board. Any certified chiropractic physician's assistant certified under this section to perform services may perform those services only:

(a)  In the office of the chiropractic physician to whom the certified chiropractic physician's assistant has been assigned, in which office such physician maintains her or his primary practice;

(b)  When the chiropractic physician to whom she or he is assigned is present;

(c)  In a hospital in which the chiropractic physician to whom she or he is assigned is a member of the staff; or

(d)  On calls outside said office, on the direct order of the chiropractic physician to whom she or he is assigned.

(3)  PERFORMANCE BY TRAINEES.--Notwithstanding any other provision of law, a trainee may perform chiropractic services when such services are rendered within the scope of an approved program.

(4)  PROGRAM APPROVAL.--The department shall issue certificates of approval for programs for the education and training of certified chiropractic physician's assistants which meet board standards. Any basic program curriculum certified by the board shall cover a period of 24 months.

(a)  In developing criteria for program approval, the board shall give consideration to, and encourage, the utilization of equivalency and proficiency testing and other mechanisms whereby full credit is given to trainees for past education and experience in health fields.

(b)  The board shall create groups of specialty classifications of training for certified chiropractic physician's assistants. These classifications shall reflect the training and experience of the certified chiropractic physician's assistant. The certified chiropractic physician's assistant may receive training in one or more such classifications, which shall be shown on the certificate issued.

(c)  The board shall adopt and publish standards to ensure that such programs operate in a manner which does not endanger the health and welfare of the patients who receive services within the scope of the program. The board shall review the quality of the curricula, faculties, and facilities of such programs; issue certificates of approval; and take whatever other action is necessary to determine that the purposes of this section are being met.

(5)  APPLICATION APPROVAL.--

(a)  The board shall adopt rules for the consideration of applications by a licensed chiropractic physician or a group of licensed chiropractic physicians to supervise certified chiropractic physician's assistants. Each application made by a chiropractic physician or group of chiropractic physicians shall include all of the following:

1.  The qualifications, including related experience, of the certified chiropractic physician's assistant intended to be employed.

2.  The professional background and specialty of the chiropractic physician or the group of chiropractic physicians.

3.  A description by the chiropractic physician of her or his practice, or by the chiropractic physicians of their practice, and of the way in which the assistant or assistants are to be utilized.

The board shall certify an application by a licensed chiropractic physician to supervise a certified chiropractic physician's assistant when the proposed assistant is a graduate of an approved program or its equivalent and is fully qualified by reason of experience and education to perform chiropractic services under the responsible supervision of a licensed chiropractic physician and when the board is satisfied that the public will be adequately protected by the arrangement proposed in the application.

(b)  The board shall certify no more than two certified chiropractic physician's assistants for any chiropractic physician practicing alone; no more than four chiropractic physician's assistants for two chiropractic physicians practicing together formally or informally; or no more than a ratio of two certified chiropractic physician's assistants to three chiropractic physicians in any group of chiropractic physicians practicing together formally or informally.

(6)  PENALTY.--Any person who has not been certified by the board and approved by the department and who represents herself or himself as a certified chiropractic physician's assistant or who uses any other term in indicating or implying that she or he is a certified chiropractic physician's assistant is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084 or by a fine not exceeding $5,000.

(7)  REVOCATION OF APPROVAL.--The certificate of approval to supervise a certified chiropractic physician's assistant held by any chiropractic physician or group of chiropractic physicians may be revoked when the board determines that the intent of this section is not being carried out.

(8)  FEES.--

(a)  A fee not to exceed $100 set by the board shall accompany the application by a chiropractic physician for authorization to supervise a certified chiropractic physician's assistant.

(b)  Upon approval of an application for certification of a certified chiropractic physician's assistant in a specialty area, the applicant shall be charged an initial certification fee for the first biennium not to exceed $250; and a biennial renewal fee not to exceed $250 shall accompany each application for renewal of the certified chiropractic physician's assistant certificate.

(9)  EXISTING PROGRAMS.--Nothing in this section shall be construed to eliminate or supersede existing laws relating to other paramedical professions or services. It is the intent of this section to supplement all such existing programs relating to the certification and the practice of paramedical professions as may be authorized by law.

(10)  LIABILITY.--Each chiropractic physician or group of chiropractic physicians utilizing certified chiropractic physician's assistants shall be liable for any act or omission of any physician's assistant acting under her or his or its supervision and control.