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Florida Statute 460.403 | Lawyer Caselaw & Research
F.S. 460.403 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 460
CHIROPRACTIC MEDICINE
View Entire Chapter
F.S. 460.403
460.403 Definitions.As used in this chapter, the term:
(1) “Approved program” means a program for the education of certified chiropractic physician’s assistants, which program has been formally approved by the board.
(2) “Board” means the Board of Chiropractic Medicine.
(3) “Certified chiropractic physician’s assistant” means a person who is a graduate of an approved program or its equivalent and is approved by the department to perform chiropractic services under the indirect supervision of a chiropractic physician or group of physicians certified by the board to supervise such assistant. An approved chiropractic physician or group of physicians may indirectly supervise more than one certified chiropractic physician’s assistant.
(4)(a) “Community-based internship” means a program in which a student enrolled in the last year of a chiropractic college accredited by the Council on Chiropractic Education is approved to obtain required pregraduation clinical experience in a chiropractic clinic or practice under the direct supervision of a doctor of chiropractic medicine approved as an adjunct faculty member of the chiropractic college in which the student is enrolled, according to the teaching protocols for the clinical practice requirements of the college.
(b) “Chiropractic college clinical internship” means a program in which a student enrolled in a chiropractic college located in this state and accredited by the Council on Chiropractic Education obtains clinical experience pursuant to the chiropractic college’s curriculum in a classroom or chiropractic clinic operated by the chiropractic college, according to the teaching protocols for the clinical practice requirements of the college.
(5) “Chiropractic physician” means any person licensed to practice chiropractic medicine pursuant to this chapter.
(6) “Department” means the Department of Health.
(7) “Direct supervision” means responsible supervision and control, with the licensed chiropractic physician assuming legal liability for the services rendered by a registered chiropractic assistant or a chiropractic student enrolled in a community-based intern program. Except in cases of emergency, direct supervision shall require the physical presence of the licensed chiropractic physician for consultation and direction of the actions of the registered chiropractic assistant or a chiropractic student enrolled in a community-based intern program. The board shall further establish rules as to what constitutes responsible direct supervision of a registered chiropractic assistant.
(8) “Indirect supervision” means responsible supervision and control, with the licensed chiropractic physician assuming legal liability for the services rendered by a certified chiropractic physician’s assistant. Except in cases of emergency, 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. The board shall further establish rules as to what constitutes responsible indirect supervision of the certified chiropractic physician’s assistant.
(9)(a) “Practice of chiropractic medicine” means a noncombative principle and practice consisting of the science, philosophy, and art of the adjustment, manipulation, and treatment of the human body in which vertebral subluxations and other malpositioned articulations and structures that are interfering with the normal generation, transmission, and expression of nerve impulse between the brain, organs, and tissue cells of the body, thereby causing disease, are adjusted, manipulated, or treated, thus restoring the normal flow of nerve impulse which produces normal function and consequent health by chiropractic physicians using specific chiropractic adjustment or manipulation techniques taught in chiropractic colleges accredited by the Council on Chiropractic Education. No person other than a licensed chiropractic physician may render chiropractic services, chiropractic adjustments, or chiropractic manipulations.
(b) Any chiropractic physician who has complied with the provisions of this chapter may examine, analyze, and diagnose the human living body and its diseases by the use of any physical, chemical, electrical, or thermal method; use the X ray for diagnosing; phlebotomize; and use any other general method of examination for diagnosis and analysis taught in any school of chiropractic.
(c)1. Chiropractic physicians may adjust, manipulate, or treat the human body by manual, mechanical, electrical, or natural methods; by the use of physical means or physiotherapy, including light, heat, water, or exercise; by the use of acupuncture; or by the administration of foods, food concentrates, food extracts, and items for which a prescription is not required and may apply first aid and hygiene, but chiropractic physicians are expressly prohibited from prescribing or administering to any person any legend drug except as authorized under subparagraph 2., from performing any surgery except as stated herein, or from practicing obstetrics.
2. Notwithstanding the prohibition against prescribing and administering legend drugs under subparagraph 1. or s. 499.83(2)(c), pursuant to board rule chiropractic physicians may order, store, and administer, for emergency purposes only at the chiropractic physician’s office or place of business, prescription medical oxygen and may also order, store, and administer the following topical anesthetics in aerosol form:
a. Any solution consisting of 25 percent ethylchloride and 75 percent dichlorodifluoromethane.
b. Any solution consisting of 15 percent dichlorodifluoromethane and 85 percent trichloromonofluoromethane.

However, this paragraph does not authorize a chiropractic physician to prescribe medical oxygen as defined in chapter 499.

(d) Chiropractic physicians shall have the privileges of services from the department’s laboratories.
(e) The term “chiropractic medicine,” “chiropractic,” “doctor of chiropractic,” or “chiropractor” shall be synonymous with “chiropractic physician,” and each term shall be construed to mean a practitioner of chiropractic medicine as the same has been defined herein. Chiropractic physicians may analyze and diagnose the physical conditions of the human body to determine the abnormal functions of the human organism and to determine such functions as are abnormally expressed and the cause of such abnormal expression.
(f) Any chiropractic physician who has complied with the provisions of this chapter is authorized to analyze and diagnose abnormal bodily functions and to adjust the physical representative of the primary cause of disease as is herein defined and provided. As an incident to the care of the sick, chiropractic physicians may advise and instruct patients in all matters pertaining to hygiene and sanitary measures as taught and approved by recognized chiropractic schools and colleges. A chiropractic physician may not use acupuncture until certified by the board. Certification shall be granted to chiropractic physicians who have satisfactorily completed the required coursework in acupuncture and after successful passage of an appropriate examination as administered by the department. The required coursework shall have been provided by a college or university which is recognized by an accrediting agency approved by the United States Department of Education.
(10) “Registered chiropractic assistant” means a person who is registered by the board to perform chiropractic services under the direct supervision of a chiropractic physician or certified chiropractic physician’s assistant.
(11) “Trainee” means a person who is currently enrolled in an approved program.
History.ss. 1, 7, ch. 79-211; ss. 2, 3, ch. 81-318; ss. 2, 17, 18, ch. 86-285; s. 1, ch. 90-25; s. 4, ch. 91-429; s. 113, ch. 94-218; ss. 1, 10, ch. 96-296; s. 1, ch. 97-247; s. 67, ch. 97-264; s. 271, ch. 98-166; s. 105, ch. 99-397; s. 77, ch. 2001-62; s. 3, ch. 2005-262; s. 39, ch. 2008-207; s. 33, ch. 2014-89.

F.S. 460.403 on Google Scholar

F.S. 460.403 on Casetext

Amendments to 460.403


Arrestable Offenses / Crimes under Fla. Stat. 460.403
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 460.403.



Annotations, Discussions, Cases:

Cases from cite.case.law:

W. SULLIVAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 885 So. 2d 873 (Fla. Dist. Ct. App. 2004)

. . . Rule 64B2-17.0025(4) provides: All chiropractic physicians are explicitly prohibited by Chapter 460.403 . . . In 1979, that section was renumbered section 460.403. . . . In 1986, section 460.403(3)(c) was amended to provide: Chiropractic physicians may adjust, manipulate . . . The petitioners contend the ALJ erred by inferring that the legend drug prohibition in section 460.403 . . . The fact that Section 460.403(9) lacks a separate definition for the term “legend drug” does not empower . . .

STROHM, v. HERTZ CORPORATION HERTZ CLAIM MANAGEMENT,, 685 So. 2d 37 (Fla. Dist. Ct. App. 1996)

. . . ) (osteopathic physicians); § 461.003(3), Fla.Stat. (1993) (practitioners of podiatric medicine); § 460.403 . . . from performing any surgery (except as specifically authorized), or from practicing obstetrics.” § 460.403 . . .

C. MERRITT, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF CHIROPRACTIC,, 654 So. 2d 1051 (Fla. Dist. Ct. App. 1995)

. . . Section 460.403(6), Florida Statutes (1993). . . . Section 460.403(6), Florida Statutes (1993). . . . standards and defines that term by reference to “a reasonably prudent similar health care provider.” § 460.403 . . . Section 460.403, Florida Statutes (1993). . . .

E. CLAIR, v. GLADES COUNTY BOARD OF COMMISSIONERS, 649 So. 2d 224 (Fla. 1995)

. . . Section 460.403(3)(b), Fla.Stat. (1993). . . . Section 460.403(3)(e), Fla.Stat. (1993). . . . Section 460.403(3)(e), Fla.Stat. (1993). . . .

E. CLAIR, v. GLADES COUNTY BOARD OF COMMISSIONERS, 635 So. 2d 84 (Fla. Dist. Ct. App. 1994)

. . . Section 460.403(3)(b), Fla. Stat. (1993). . . . Section 460.403(3)(c), Fla.Stat. (1993). . . . Section 460.403(3)(e), Fla.Stat. (1993). . . .

WELDON, v. ALL AMERICAN LIFE INSURANCE COMPANY,, 605 So. 2d 911 (Fla. Dist. Ct. App. 1992)

. . . . § 460.403(3)(f), Fla.Stat. (1987). . . .

ALLSTATE INSURANCE COMPANY, v. GARRETT,, 550 So. 2d 22 (Fla. Dist. Ct. App. 1989)

. . . Section 460.403(4) defines “chiropractic physician" as any person licensed to practice chiropractic. . . .

A. FAY, v. MINCEY, a, 454 So. 2d 587 (Fla. Dist. Ct. App. 1984)

. . . . § 460.403(3)(a), Fla.Stat. (1981). Horowitz at 1308. . . . limitations on the types of diagnostic tools which a chiropractic physician may employ in his practice. § 460.403 . . . expressly set forth under Florida law as appropriate methods for diagnosing lower back injuries. § 460.403 . . .