of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on December 9, 2014, by Edwin A. Bayo, on behalf of Raphael John Piana, D.C. The Notice of Petition for Waiver or Variance was published in Volume 40, Number ...

 

DEPARTMENT OF HEALTH

Board of Chiropractic

RULE NO.:RULE TITLE:

64B2-17.003Acupuncture

The Board of Chiropractic Medicine hereby gives notice of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on December 9, 2014, by Edwin A. Bayo, on behalf of Raphael John Piana, D.C. The Notice of Petition for Waiver or Variance was published in Volume 40, Number 243, of the December 17, 2014, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B2-17.003, F.A.C., entitled “Acupuncture,” which requires that prior to any licensed chiropractic physician engaging in acupuncture, such physician, shall complete a minimal educational background of 100 hours of study in the practice of acupuncture with the courses or seminars being approved by this Board. Petitioner is also seeking a waiver or variance of subsection 64B2-17.003(5), F.A.C., which requires that prior to any chiropractic physician engaging in the practice of acupuncture, said physician shall be required to present certification to the Board of examination by an approved college or institution of said physician, after completion of said approved minimum course of study.

The Board considered the instant Petition at a duly-noticed meeting, held January 9, 2015, in Orlando, Florida. The Board’s Order, filed on January 27, 2015, granted the petition finding that Petitioner had established that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B2-17.003, F.A.C. The Board further finds that Petitioner established that applying the requirements of the aforementioned rule to its circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order or additional information may be obtained by contacting: Adrienne Rodgers, Interim Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.