It’s time to update the FL Acupuncture Practice Act

We have a long way to go. 

We must raise $80,000 by Sept 31 or we cannot run a legislative campaign in 2025 

A Breakdown

Practice Act Challenge: There exists the opportunity to update the existing Acupuncture Practice Act (Chapter 457) provides no explanation nor definition for Acupuncture physicians’ scope of practice, meaning many aspects of providing patient care that involves performing acupuncture and eastern medicine services is unclear to licensed acupuncture physicians, unclear to legislators, unclear to other health care providers, unclear to regulators and unclear to the general public.  FSOMA wants to solve this problem.  

Professional Title Challenge:  There exists the opportunity to define Acupuncture physician’s professional titles under Chapter 457.  Currently 457 does not define [protect] Acupuncture physicians’ professional titles, meaning no explicit rights exist under Florida law that allow licensees to use, advertise or identify as an Acupuncture physician or doctor of any kind.  The Legislature and Department of Health have only granted the professional title “Acupuncturist” to licensees under Chapter 457: no matter their training or education.  The Board of Acupuncture has created professional titles under Advertising Rule (FAC 64B1-9.007), and academic titles are earned via completing education, but are but these are NOT defined [protected] as professional titles in the Practice Act, meaning use of these Board approved and/or educational titles may be restricted at any time.  FSOMA wants to solve this problem.  

Scope of Practice Support Staff, Injectables, and Diagnostic Challenge:  There exists the opportunity to define statutes that would allow licensed acupuncturists to supervise clinical staff, order and administer injectable solutions for AIT, and order and use diagnostic imaging and clinical laboratory testing to improve patient care.  Florida does not, and FSOMA wants to solve this problem.  

Solutions: FSOMA is addressing these issues and working to solve these problems by updating the Florida Acupuncture Practice Act to ensure Acupuncture Physicians are able to use their extensive training, knowledge, skills, and abilities to practice at the top of their scope to meet the needs of Florida patients.  

Net contributions here will be added to the FSOMA political committee – Florida Health Alliance, PC.  This state-based political committee is a tax-exempt organization registered according to rules under Section 527 of the U.S. Internal Revenue Code (26 U.S.C. § 527).  A 527 group is created primarily to influence the selection, nomination, election, appointment, or defeat of candidates to federal, state, or local public office.  The PAC is incorporated under the laws of Florida and is required to abide by Chapter 106, Florida Statutes governing campaign finance. This fund may accept contributions in unlimited amounts from individuals, corporations, or other political committees. We may not accept contributions from foreign nationals or foreign corporations.  Contributions here are not qualified personal or business tax deductions under IRC Title 26.   

Steps Being Taken

FSOMA’s Legislative Committee, with input from their attorneys and government relations team, finalized its recommendations for changes to F.S. 457 for the 2023 Legislative session.  The proposed legislation was approved by the FSOMA Board of Directors, then shared with members, the profession, and the AOM Schools.

The bill was introduced in the Florida House of Representatives and passed unanimously through one committee.  We did not get a hearing in the Florida Senate so we are returning in 2024-5 session to reintroduce the legislation.  

FSOMA has surveyed several legislative candidates experienced in handling healthcare legislation and interested in supporting continued patient access to acupuncture services in Florida.  When the list of candidates is finalized, FSOMA and its legislative supporters and sponsors will likely make a joint announcement.  Ideally, this process will be completed prior to the Annual Conference where more details will be available at the General Assembly. 

Fundraising and the PAC

In 2021, FSOMA established Florida Health Alliance PC.  This political committee (also known as a PAC or connected organization) allows FSOMA to extend its advocacy efforts by adding increased fundraising potential.  It operates by raising funds that can then be donated in accordance with Florida law to political candidates, parties, and other PACs.  By pooling resources, the PAC greatly expands FSOMA’s reach to political candidates around the state who understand and support the practice of acupuncture.  

FSOMA is not a charitable organization, but it is tax-exempt under 501c6; and membership fees paid by its members qualify as a recognized business-related expense, based on FSOMA’s mission and activities.  

For tax purposes, the PAC is a tax-exempt political organization created under Section 527 of the federal tax code.  Although FSOMA members and supporters have a stake in political outcomes, individuals and businesses cannot deduct expenses related to political campaigns.  They may donate to campaigns, political parties, and PACs, but their contributions are not tax-deductible. 

Anyone with questions about qualified business expenses should consult a licensed tax professional for answers to specific tax-related questions.

THANK YOU TO THESE CONTRIBUTORS

Thank you for your interest in the other Funds FSOMA has in place.