S 192

ENROLLED
2026 Legislature  SB 192
  2026192er
1
2An act relating to patient funds held in trust by
3chiropractic physicians; amending s. 460.413, F.S.;
4deleting the limitation on the amount of patient funds
5a chiropractic physician may hold in trust for
6specified purposes; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10Section 1. Paragraph (y) of subsection (1) of section
11460.413, Florida Statutes, is amended to read:
12460.413 Grounds for disciplinary action; action by board or
13department.—
14(1) The following acts constitute grounds for denial of a
15license or disciplinary action, as specified in s. 456.072(2):
16(y) Failing to preserve identity of funds and property of a
17patient, the value of which is greater than $501. As provided by
18rule of the board, money or other property entrusted to a
19chiropractic physician for a specific purpose, including
20advances for costs and expenses of examination or treatment
21which may not exceed the value of $1,500, is to be held in trust
22and must be applied only to that purpose. Money and other
23property of patients coming into the hands of a chiropractic
24physician are not subject to counterclaim or setoff for
25chiropractic physician’s fees, and a refusal to account for and
26deliver over such money and property upon demand shall be deemed
27a conversion. This is not to preclude the retention of money or
28other property upon which the chiropractic physician has a valid
29lien for services or to preclude the payment of agreed fees from
30the proceeds of transactions for examinations or treatments.
31Controversies as to the amount of the fees are not grounds for
32disciplinary proceedings unless the amount demanded is clearly
33excessive or extortionate, or the demand is fraudulent. All
34funds of patients paid to a chiropractic physician, other than
35advances for costs and expenses, shall be deposited into one or
36more identifiable bank accounts maintained in the state in which
37the chiropractic physician’s office is situated, and funds
38belonging to the chiropractic physician may not be deposited
39therein except as follows:
401. Funds reasonably sufficient to pay bank charges may be
41deposited therein.
422. Funds belonging in part to a patient and in part
43presently or potentially to the physician must be deposited
44therein, but the portion belonging to the physician may be
45withdrawn when due unless the right of the physician to receive
46it is disputed by the patient, in which event the disputed
47portion may not be withdrawn until the dispute is finally
48resolved.
49
50Every chiropractic physician shall maintain complete records of
51all funds, securities, and other properties of a patient coming
52into the possession of the physician and render appropriate
53accounts to the patient regarding them. In addition, every
54chiropractic physician shall promptly pay or deliver to the
55patient, as requested by the patient, the funds, securities, or
56other properties in the possession of the physician which the
57patient is entitled to receive.
58Section 2. This act shall take effect July 1, 2026.