Florida Statute 460.403 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 460
CHIROPRACTIC MEDICINE

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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; by the use of monofilament intramuscular stimulation treatment, also known as dry needling, for trigger points or myofascial pain; 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 s. 499.82(10).

(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; s. 1, ch. 2024-269.

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Amendments to 460.403

Annotations, Discussions, Cases:

Cases Citing Statute 460.403

Total Results: 8 | Sort by: Relevance | Newest First

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Fay v. Mincey, 454 So. 2d 587 (Fla. 2d DCA 1984).

Cited 27 times | Published | Florida 2nd District Court of Appeal

...Poritz to testify on the basis of the x-rays and his chiropractic examinations that Fay had suffered a permanent injury to her lower back as a result of the automobile accident. [12] The injuries testified to by Dr. Poritz were clearly treatable within the scope of chiropractic medicine. § 460.403(3)(a), Fla....

...State, 246 So.2d 621 (Fla. 3d DCA 1971); see generally 1 Gard, § 12:08, p. 429. Additionally, neither the legislature nor the State Board of Chiropractic place limitations on the types of diagnostic tools which a chiropractic physician may employ in his practice. § 460.403(3)(a)....

...workmen's compensation or personal injury cases." JAMA 247:3296. [12] We point out that chiropractic physical examinations and the taking of x-rays are expressly set forth under Florida law as appropriate methods for diagnosing lower back injuries. § 460.403(3)(b), Fla....

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Weldon v. All Am. Life Ins. Co., 605 So. 2d 911 (Fla. 2d DCA 1992).

Cited 22 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 9589, 1992 WL 220516

...The scope of practice of each is defined by statute and summarized in the Florida Health Care Atlas. Just as a physical therapist cannot practice chiropractics, § 486.021(11), Fla. Stat. (1987), a chiropractor may not practice physical therapy without first being certified. § 460.403(3)(f), Fla....

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Clair v. Glades Cnty. Bd. of Com'rs, 649 So. 2d 224 (Fla. 1995).

Cited 5 times | Published | Supreme Court of Florida | 1995 WL 16886

...y 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." Section 460.403(3)(b), Fla....

...irst aid and hygiene, but chiropractic physicians are expressly prohibited from proscribing or administering to any person any legend drug, from performing any surgery (except as specifically provided in the statute), or from practicing obstetrics." Section 460.403(3)(c), Fla....

...Chiropractic physicians "may analyze and diagnose 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." Section 460.403(3)(e), Fla....

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Strohm v. Hertz Corp., 685 So. 2d 37 (Fla. 1st DCA 1996).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 708615

...of practice allowed for the other classes of health care providers. See § 458.305, Fla.Stat. (1993) (medical doctors); § 459.011(2), Fla.Stat. (1993) (osteopathic physicians); § 461.003(3), Fla.Stat. (1993) (practitioners of podiatric medicine); § 460.403, Fla.Stat. (1993) (chiropractors). Chiropractic physicians "are expressly prohibited from prescribing or administering to any person, any legend drug, from performing any surgery (except as specifically authorized), or from practicing obstetrics." § 460.403(3)(c), Fla.Stat....

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Allstate Ins. Co. v. Garrett, 550 So. 2d 22 (Fla. 2d DCA 1989).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 1789, 1989 Fla. App. LEXIS 4282, 1989 WL 84312

...and the definition there does not include chiropractors. [2] Section 458.305(4) defines "physician" as a person licensed to practice medicine. Section 459.003(4) defines "osteopathic physician" as a person licensed to practice osteopathic medicine. Section 460.403(4) defines "chiropractic physician" as any person licensed to practice chiropractic....

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Clair v. Glades Cnty. Bd. of Com'rs, 635 So. 2d 84 (Fla. 1st DCA 1994).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1994 WL 17259

...irst aid and hygiene, but chiropractic physicians are expressly prohibited from prescribing or administering to any person any legend drug, from performing any surgery (except as specifically provided in the statute), or from practicing obstetrics." Section 460.403(3)(c), Fla....

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Merritt v. Dep't of Bus. & Prof'l Reg., Bd. of Chiropractic, 654 So. 2d 1051 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5453, 1995 WL 307029

...1 Chapter 460 defines “medically accepted standards” for peer review purposes as “those standards of care, skill, and treatment which are recognized by a reasonably prudent similar health care provider as being *1053 acceptable under similar conditions and circumstances.” Section 460.403(6), Florida Statutes (1993)....

...The statute defines “medically accepted standards” for peer review as “those standards of care, skill, and treatment which are recognized by a reasonably prudent similar health care provider as being acceptable under similar conditions and circumstances.” Section 460.403(6), Florida Statutes (1993)....

...2 The central issue of this appeal is whether the challenged rule establishes valid criteria to govern the Board’s actions. The statute restricts the criteria to conform to medically accepted standards and defines that term by reference to “a reasonably prudent similar health care provider.” § 460.403(6), Florida Statutes (1993)....

...Nonetheless, the challenged rule enlarges, modifies, or contravenes the specific provisions of the law implemented. “Medically accepted standards,” as defined by the statute, depends for its meaning on “a reasonably prudent similar health care provider.” Section 460.403, Florida Statutes (1993)....

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Sullivan v. Dep't of Health, Bd. of Chiropractic Med., 885 So. 2d 873 (Fla. 3d DCA 2004).

Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 8396, 2004 WL 1336447

...The petition challenged Rule 64B2-17.0025(4), Florida Administrative Code, as an invalid exercise of delegated legislative authority by the Board. Rule 64B2-17.0025(4) provides: *874 All chiropractic physicians are explicitly prohibited by Chapter 460.403, Florida Statutes, from prescribing or administering to any person any legend drug....

...concentrates, food extracts, and may apply first aid and hygiene, but chiropractic physicians are expressly prohibited from prescribing or administrating to any person any medicine or drug .... (Emphasis added). 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, or treat the human body by manual, mechanical, electrical, or natural methods; by the use of physical means or physiotherapy, including light, heat, water,...

...strative rule reinstating an oral restriction that had been removed by the legislature in 1986 constitutes an invalid exercise of delegated legislative authority. The petitioners contend the ALJ erred by inferring that the legend drug prohibition in section 460.403(3)(c) prohibits injections when the legislature specifically granted the authority to chiropractors to administer “foods, food concentrates and food extracts” (generally referred to in this cause by the parties and the ALJ as vitamins and nutrients). The response of the Board is that section 460.403 expressly prohibits chiropractic physicians from prescribing or administering to any person any “legend drug,” that legend drugs are synonymous with prescription drugs, that both Florida and federal law consider any injected subst...

...ons. The ALJ, following extensive testimony and evidence, and the consideration of legal argument, made detailed findings of fact, inter alia: 63. Petitioners challenge the definition of “legend drug” provided in the rule. They must concede that Section 460.403(9) prohibits chiropractic physicians from “prescribing or administering to any person any legend drug,” except *875 for certain named items not relevant to this case....

...arians. See respectively Sections 459.015(l)(t), 461.013(l)(o), 462.14(l)(q), 465.016(1)6), 466.028(l)(p), and 474.214(l)(ff). None of these disciplinary statutes sets forth a separate definition of the term “legend drug.” *876 73. The fact that Section 460.403(9) lacks a separate definition for the term “legend drug” does not empower the Board to ignore the definitions set forth in other sections of the Florida Statutes....

...hibition, relating to medical oxygen and certain topical anesthetics. The evidence presented at the hearing overwhelmingly demonstrated that injectable vitamins are legend drugs and are not listed in the exceptions to the legend drug prohibition. 76.Section 460.403(9), considered in pari materia with the sections of the Florida Statutes that reference its meaning and the meaning of related items in conjunction with federal law, clearly prohibits chiropractic physicians from administering injectable vitamins and nutrients to their patients....