Florida HB 259: Patient Funds Held in Trust by Chiropractic Physicians
Status: Laid on Table; Companion bill(s) passed, see SB 192 (Ch. 2026-81) (as of 2026-03-11)
State: Florida · Session: 2026 · Bill: HB 259
Subjects: subject index
Sponsors: Yarkosky
Bill Text
HB 259 2026 CODING: Words stricken are deletions; words underlined are additions. hb259-00 Page 1 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to patient funds held in trust by 2 chiropractic physicians; amending s. 460.413, F.S.; 3 deleting the limitation on the amount of patient funds 4 a chiropractic physician may hold in trust for 5 specified purposes; providing an effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Paragraph (y) of subsection (1) of section 10 460.413, Florida Statutes, is amended to read: 11 460.413 Grounds for disciplinary action; action by board 12 or department.— 13 (1) The following acts constitute grounds for denial of a 14 license or disciplinary action, as specified in s. 456.072(2): 15 (y) Failing to preserve identity of funds and property of 16 a patient, the value of which is greater than $501. As provided 17 by rule of the board, money or other property entrusted to a 18 chiropractic physician for a specific purpose, including 19 advances for costs and expenses of examination or treatment 20 which may not exceed the value of $1,500, is to be held in trust 21 and must be applied only to that purpose. Money and other 22 property of patients coming into the hands of a chiropractic 23 physician are not subject to counterclaim or setoff for 24 chiropractic physician's fees, and a refusal to account for and 25 HB 259 2026 CODING: Words stricken are deletions; words underlined are additions. hb259-00 Page 2 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S deliver over such money and property upon demand shall be deemed 26 a conversion. This is not to preclude the retention of money or 27 other property upon which the chiropractic physician has a valid 28 lien for services or to preclude the payment of agreed fees from 29 the proceeds of transactions for examinations or treatments. 30 Controversies as to the amount of the fees are not grounds for 31 disciplinary proceedings unless the amount demanded is clearly 32 excessive or extortionate, or the demand is fraudulent. All 33 funds of patients paid to a chiropractic physician, other than 34 advances for costs and expenses, shall be deposited into one or 35 more identifiable bank accounts maintained in the state in which 36 the chiropractic physician's office is situated, and funds 37 belonging to the chiropractic physician may not be deposited 38 therein except as follows: 39 1. Funds reasonably sufficient to pay bank charges may be 40 deposited therein. 41 2. Funds belonging in part to a patient and in part 42 presently or potentially to the physician must be deposited 43 therein, but the portion belonging to the physician may be 44 withdrawn when due unless the right of the physician to receive 45 it is disputed by the patient, in which event the disputed 46 portion may not be withdrawn until the dispute is finally 47 resolved. 48 49 Every chiropractic physician shall maintain complete records of 50 HB 259 2026 CODING: Words stricken are deletions; words underlined are additions. hb259-00 Page 3 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S all funds, securities, and other properties of a patient coming 51 into the possession of the physician and render appropriate 52 accounts to the patient regarding them. In addition, every 53 chiropractic physician shall promptly pay or deliver to the 54 patient, as requested by the patient, the funds, securities, or 55 other properties in the possession of the physician which the 56 patient is entitled to receive. 57 Section 2. This act shall take effect July 1, 2026. 58
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