State of florida acupuncture physician scope of practice

Finding the scope of practice for Acupuncture Physicians on the State of Florida websites can prove challenging. In the State of Florida, an Acupuncture Physician is considered a primary care provider. As a primary care provider, Acupuncture Physicians are also permitted to order laboratory tests and radiological imaging, become certified as medical examiners, and perform physical examinations.

457.102 Definitions.--As used in this chapter:
(1) “Acupuncture” means a form of primary health care, based on traditional Chinese medical concepts and modern oriental medical techniques, that employs acupuncture diagnosis and treatment, as well as adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease. Acupuncture shall include, but not be limited to, the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body and the use of electroacupuncture, Qi Gong, oriental massage, herbal therapy, dietary guidelines, and other adjunctive therapies, as defined by board rule.
(2) “Acupuncturist” means any person licensed as provided in this chapter to practice acupuncture as a primary health care provider.
(3) “Board” means the Board of Acupuncture.
(4) “License” means the document of authorization issued by the department for a person to engage in the practice of acupuncture.
(5) “Department” means the Department of Health.
(6) “Oriental medicine” means the use of acupuncture, electroacupuncture, Qi Gong, oriental massage, herbal therapy, dietary guidelines, acupoint injection therapy and other adjunctive therapies.
(7) “Prescriptive rights” means the prescription, administration, and use of needles and devices, restricted devices, and prescription devices that are used in the practice of acupuncture and oriental medicine.
History.--ss. 1, 2, ch. 80-375; ss. 2, 3, ch. 81-318; s. 38, ch. 83-329; ss. 2, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 101, ch. 94-218; s. 6, ch. 97-264; s. 1, ch. 98-418; s. 90, ch. 99-397; s. 62, ch. 2000-318.
Note.--Former s. 468.322.

You can find the Florida Statute by clicking HERE.

64B1-3.001 Definitions.
(1) Acupuncture means a form of primary health care based on traditional Chinese medical concepts, that employs acupuncture diagnosis and treatment, as well as adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease. Acupuncture shall include but not be limited to the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body.
(2) Acupuncture shall include, but not be limited to:
(a) Auricular, hand, nose, face, foot and/or scalp acupuncture therapy;
(b) Stimulation to acupuncture points and channels by use of any of the following:
1. Needles, moxibustion, cupping, thermal methods, magnets, gwa-sha scraping techniques, acupatches, and acuform,
2. Manual stimulation including acutotement (which is defined as stimulation by an instrument that does not pierce the skin), massage, acupressure, reflexology, shiatsu, and tui-na,
3. Electrical stimulation including electro-acupuncture, percutaneous and transcutaneous electrical nerve stimulation,
4. Laser biostimulation in accordance with relevant federal law including Food and Drug Administration rules and regulations, providing written notice of such intended use together with proof of compliance with federal requirements are received by the Board of Acupuncture not less than 14 days prior to first time use.
(3) Acupuncture diagnostic techniques shall include but not be limited to the use of observation, listening, smelling, inquiring, palpation, pulses, tongue, physiognomy, five element correspondence, ryodoraku, akabani, German electro acupuncture, Kirlian photography, and thermography.
(4) The needles used in acupuncture shall be solid filiform instruments which shall include but not be limited to: dermal needles, plum blossom needles, press needles, prismatic needles and disposable lancets. The use of staples in the practice of acupuncture shall be prohibited.
(5) Adjunctive therapies shall include but not be limited to:
(a) Nutritional counseling and the recommendation of nonprescription substances which meet the Food and Drug Administration labeling requirements, as dietary supplements to promote health;
(b) Recommendation of breathing techniques and therapeutic exercises;
(c) Lifestyle and stress counseling;
(d) The recommendation of all homeopathic preparations approved by the Food and Drug Administration and the United States Homeopathic Pharmacopeia Committee; and,
(e) Herbology.

64B1-4.011 Diagnostic Techniques.

Diagnostic techniques which assist in acupuncture diagnosis, corroboration and monitoring of an acupuncture treatment plan or in making a determination to refer a patient to other health care providers shall include: traditional Chinese medical concepts and modern oriental medical techniques, recommendation of home diagnostic screening; physical examination; use of laboratory test findings; use of imaging films, reports, or test findings; office screening of hair, saliva and urine; muscle response testing; palpation; reflex; range of motion; sensory testing; thermography; trigger points; vital signs; first-aid; hygiene; and sanitation.

64B1-4.012 Acupoint Injection Therapies.

Effective March 1, 2002, adjunctive therapies shall include acupoint injection therapy which shall mean the injection of herbs, homeopathics, and other nutritional supplements in the form of sterile substances into acupuncture points by means of hypodermic needles but not intravenous therapy to promote, maintain, and restore health; for pain management and palliative care; for acupuncture anesthesia; and to prevent disease.

64B1-9.007 Advertising.

(1) Advertising by persons licensed or certified under Chapter 457, F.S., is permitted so long as the information disseminated is in no way false, deceptive, or misleading and so long as the information does not claim that acupuncture is useful in curing any disease. Any advertisement or advertising shall be deemed false, deceptive, or misleading if it:

(a) Contains a misrepresentation of facts, or

(b) Makes only a partial disclosure of relevant facts; or

(d) Contains any representations or claims, as to which the person making the claims does not intend to perform, or

(e) Contains any other representation, statement, or claim which misleads or deceives, or

(f) Fails to conspicuously identify the licensee by name in the advertisement.

(2) As used in the rules of this board, the terms “advertisement” and “advertising” shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services.

(3) It shall not be considered false, deceptive, or misleading for any persons licensed or certified under Chapter 457, F.S., to use the following initials or terms:

(a) L.Ac.;

(b) R.Ac.;

(d) D.O.M.;

(e) Licensed Acupuncturist;

(f) Registered Acupuncturist;

(g) Acupuncture Physician; and,

(h) Doctor of Oriental Medicine.

(4) Any licensee who advertises through an agent or through a referral service shall be held responsible for the content of such advertising and shall ensure that the advertising complies with this rule and Chapter 457, F.S.

Rulemaking Authority 457.102, 457.104 FS. Law Implemented 457.102 FS. History–New 8-13-84, Amended 9-19-84, Formerly 21AA-3.01, Amended 12-14-87, 9-3-89, 5-30-91, 1-26-92, 2-27-92, Formerly 21AA-3.001, 61F1-3.001, 59M-3.001, Amended 9-6-06.

You can find the Florida Rule by clicking HERE.