Licensing and Regulation

Florida licenses and regulates two types of practice, chiropractic and acupuncture, whose foundations are not based on generally accepted scientific principles. The state formerly licensed naturopaths, but ceased to do so in 1959. It also licenses and regulates massage therapists, who are not considered unscientific practitioners per se, although some employ unscientific therapies, such as craniosacral therapy, colonic irrigation and reiki. All licensed practitioners can employ unscientific diagnoses and therapies if these are within the scope of practice, whether these methods are lacking in a plausible basis in science or no longer considered effective.

The state’s power to regulate certain activities for the public health, safety and welfare is called the “police power,” which forms the basis of the legislature’s authority to regulate healthcare and healthcare practitioners. Licensing and regulation by the state of Florida does NOT mean that the licensed activity is desirable nor does it imply any sort of “stamp of approval” by the state. For example, Florida licenses gambling, but that does not mean the legislature approves of gambling or thinks that one should participate in it. In fact, the state requires slot machine licensees to post signs warning of the hazards of gambling. Sec. 551.114, Fla. Stat. (2008).

Thus, licensing is simply a way of the state’s imposing certain requirements it has determined are in the best interest of the public. In gambling, the state does this by, for example, limiting the number of slot machines in any one facility. Sec. 551.114, Fla. Stat. (2008) For chiropractic and acupuncture, the state requires, among other things, a minimum amount of education and passing a test before the person can become licensed. The legislature does not, however, control what the chiropractic and acupuncture schools teach and what kinds of questions are on the tests. The fact remains that chiropractic and acupuncture are based on unsound, nonscientific principles, and nothing the state has done in licensing and regulating chiropractic and acupuncture changes this. The state cannot mandate that chiropractic or acupuncture is scientifically valid any more than it can mandate that the moon is made of green cheese.

As with other occupations and professions, the legislature provides for regulatory boards to enact rules governing the practice of chiropractic and acupuncture and to oversee discipline of chiropractors and acupuncturists. However, a majority of the members of these boards are practicing chiropractors and acupuncturists themselves and are highly unlikely to declare chiropractic and acupuncture scientifically unsound.

In summary, the fact that the state licenses a particular healthcare practice does nothing to ensure the public receives care based on generally accepted scientific principles. In fact, the state offers NO specific protection against unscientific practices. We believe this failure puts the public at risk, at the least, of unnecessary expenditures of time and money for unproven treatments. At worst, it exposes the public to actual harm from these treatments and to the risk of delayed diagnosis and appropriate care. For these reasons, the state should enact legislation which specifically addresses this important quality of care issue.