Fla. Admin. Code R. 64B2-18.001

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64B2-18.001 - Definitions

(1) The term "Board" as herein used refers to the Board of Chiropractic Medicine.

(2) The term "Director" as herein used refers to the Executive Director of the Board of Chiropractic Medicine.

(3) The term "Department" as herein used refers to the Department of Health.

(4) The term "supervising physician" as herein used means any licensed chiropractic physician or group of physicians who is approved and certified by the Board to provide supervision for the certified chiropractic physician's assistant and who assumes legal liability for the services rendered by such assistants. An approved chiropractic physician or group of physicians may supervise certified chiropractic physician's assistants at a ratio no greater than 10 certified chiropractic physician's assistants to one chiropractic physician.

(5) The term "certified chiropractic physician's assistant, " as herein used refers to allied health personnel, certified by the Department upon approval by the Board, who are functioning in a dependent relationship with a supervising physician and who are performing tasks or combinations of tasks traditionally performed by the physician. A certified chiropractic physician's assistant may perform case histories, diagnostic testing, physical examinations, and therapeutic procedures under indirect supervision. However, a certified chiropractic physician's assistant cannot be assigned any tasks requiring manipulative or adjustive techniques, the rendering of diagnostic results or interpretations, or the rendering of treatment advice, or the taking of x-rays unless properly certified.

(6) The term "responsible supervision" means the ability of the supervising physician to responsibly exercise control and provide direction over the services of the certified chiropractic physician's assistant. In determining whether supervision is responsible, the following factors should be considered:

(a) the complexity of the task,

(b) the risk to the patient,

(c) the background, training, and skill of the assistant,

(d) the adequacy of the direction in terms of its form,

(e) the setting in which the tasks are performed,

(f) the availability of the supervising physician,

(g) the necessity for immediate attention, and

(h) the number of other persons that the supervising physician must supervise.

(7) "Direct supervision" means responsible supervision and requires, except in case of an emergency, the physical presence of the licensed chiropractic physician on the premises for consultation and direction.

(8) "Indirect supervision" means responsible supervision and control by the supervising physician only in a practice that is exempt from licensure under Part X, Chapter 400, F.S., and wholly owned by one or more chiropractic physicians or by a chiropractic physician and the spouse, parent, child, or sibling of that chiropractic physician. Indirect supervision shall require the "easy availability" or physical presence of the licensed chiropractic physician for consultation and direction of the actions of the certified chiropractic physician's assistant. "Easy availability" means the supervising physician be available to the certified chiropractic physician's assistant when needed for consultation and advice either in person or by communication devices, such as telephone, two-way radio, medical beeper or other electronic means.

(9) No later than December 31, 2026, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Fla. Admin. Code Ann. R. 64B2-18.001

Rulemaking Authority 460.403, 460.405 FS. Law Implemented 460.403(2), (3), (5), (6), (7), (8) FS.

New 11-25-81, Formerly 21D-18.01, Amended 10-13-86, 7-15-91, Formerly 21D-18.001, 61F2-18.001, 59N-18.001, Amended 1-18-98, 7-17-07, Amended by Florida Register Volume 46, Number 205, October 20, 2020 effective 11/2/2020, Amended by Florida Register Volume 49, Number 025, February 7, 2023 effective 2/19/2023.

New 11-25-81, Formerly 21D-18.01, Amended 10-13-86, 7-15-91, Formerly 21D-18.001, 61F2-18.001, 59N-18.001, Amended 1-18-98, 7-17-07, 11-2-20, 2-19-23.