CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 114, after line 31,
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16 and insert:
17 Section 59. Section 501.057, Florida Statutes, is
18 renumbered as section 468.821, Florida Statutes, and amended
19 to read:
20 468.821 501.057 Commercial Weight-Loss Practices Act;
21 short title.--Sections 468.821-468.829 501.057-501.0581 may be
22 cited as the "Florida Commercial Weight-Loss Practices Act."
23 Section 60. Section 501.0571, Florida Statutes, is
24 renumbered as section 468.822, Florida Statutes, and amended
25 to read:
26 468.822 501.0571 Commercial Weight-Loss Practices Act;
27 definitions.--As used in ss. 468.821-468.829, the term
28 501.057-501.0581:
29 (1) "Examination" means any type of medical,
30 psychological, or nutritional review of a consumer.
31 (2) "Department" means the Department of Health.
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 (3)(2) "Supplement" means any type of vitamin,
2 mineral, or other dietary additive which is recommended to be
3 taken by a weight-loss provider.
4 (4)(3) "Weight-loss location" means any place where a
5 weight-loss program is provided by a weight-loss provider.
6 (5)(4) "Weight-loss program" means a general program
7 of instruction, with food, supplements, food products, or a
8 food plan designed for clients from one or more healthy
9 population groups, in order that such clients may achieve or
10 maintain a healthy weight. A weight-loss program is not based
11 on an individual nutrition assessment and is not
12 individualized to provide nutrition care services to manage,
13 treat, or rehabilitate a medical condition, illness, or injury
14 for a specific person or group. A weight-loss program does not
15 include persons who only sell or distribute food, supplements,
16 or food products. any plan or procedure offered to encourage
17 weight loss.
18 (6)(5) "Weight-loss provider" means the owner of any
19 person engaged in the business engaged in of offering services
20 to consumers to assist them in losing weight and making oral
21 or written statements, visual descriptions, advertisements, or
22 other representations that have the capacity, tendency, or
23 effect of leading consumers to believe that participation in a
24 weight-loss program will result in weight loss. A weight-loss
25 provider does not include a person who markets or distributes
26 food, food materials, or dietary supplements, or any person
27 who engages in the explanation of the use and benefits of
28 those products or the preparation of those products, if that
29 person does not engage for a fee in dietetics and nutrition
30 practice or nutrition counseling, and who is not offering a
31 weight-loss program to the public.
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 Section 61. Section 501.0573, Florida Statutes, is
2 renumbered as section 468.823, Florida Statutes, and amended
3 to read:
4 468.823 501.0573 Weight-loss provider
5 requirements.--Each weight-loss provider shall:
6 (1) Provide to a consumer a written itemized statement
7 of the fixed or estimated cost of the weight-loss program that
8 is being recommended, including all additional products,
9 services, supplements, examinations, or laboratory tests the
10 consumer may have to purchase from the weight-loss provider as
11 part of such program.
12 (2) Disclose the actual or estimated duration of the
13 recommended weight-loss program.
14 (3) Provide a copy of the educational and professional
15 experience of the weight-loss provider's staff upon request.
16 (4) Provide the name, address, and qualifications of
17 the person who has reviewed and approved the weight-loss
18 program according to s. 468.505(1)(j).
19 (5) Produce and distribute to all consumers who
20 inquire about their weight-loss program a palm-sized card with
21 the Weight-Loss Consumer Bill of Rights printed on it.
22 (6) Conspicuously post the Weight-Loss Consumer Bill
23 of Rights at the front registration desk or area in each
24 weight-loss location and require every agent, representative,
25 franchisee, or independent contractor to post such a bill of
26 rights in a prominent place in every room in which a
27 presentation or sale of a weight-loss program is made or in
28 which a product or treatment is offered for sale.
29 Section 62. Section 501.0575, Florida Statutes, is
30 renumbered as section 468.824, Florida Statutes, and amended
31 to read:
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 468.824 501.0575 Weight-Loss Consumer Bill of
2 Rights.--
3 (1) The Weight-Loss Consumer Bill of Rights shall
4 consist of the following provisions:
5 (A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS
6 HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE
7 THAN 1 1/2 POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE
8 THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK
9 OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.
10 (B) CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING
11 ANY WEIGHT-LOSS PROGRAM.
12 (C) ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING
13 HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY,
14 PROMOTE LONG-TERM WEIGHT LOSS.
15 (D) QUALIFICATIONS OF THIS PROVIDER SHALL BE PROVIDED
16 TO YOU BY THE PROVIDER PRIOR TO YOUR STARTING THE PROGRAM ARE
17 AVAILABLE UPON REQUEST.
18 (E) YOU HAVE A RIGHT TO:
19 1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF
20 THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL
21 SUPPORT, AND EDUCATIONAL COMPONENTS.
22 2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR
23 ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA
24 PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY
25 TESTS.
26 3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE
27 PROGRAM.
28 4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE
29 LICENSED DIETITIAN OR NUTRITIONIST OR REGISTERED DIETITIAN WHO
30 HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM PURSUANT
31 ACCORDING TO s. 468.505(1)(j), FLORIDA STATUTES.
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 (2) The copies of the Weight-Loss Consumer Bill of
2 Rights to be posted according to s. 468.823(6) s. 501.0573(6)
3 shall be printed in at least 24-point boldfaced type on one
4 side of a sign. The palm-sized copies to be distributed
5 according to s. 468.823(5) s. 501.0573(5) shall be in
6 boldfaced type and legible. Each weight-loss provider shall
7 be responsible for producing and printing appropriate copies
8 of the Weight-Loss Consumer Bill of Rights.
9 Section 63. Section 501.0577, Florida Statutes, is
10 renumbered as section 468.825, Florida Statutes, and amended
11 to read:
12 468.825 501.0577 Commercial Weight-Loss Practices Act;
13 exemptions.--The provisions of this act do not apply to
14 persons licensed under chapter 458, chapter 459, chapter 460,
15 chapter 461, chapter 462, chapter 463, chapter 464, chapter
16 465, parts III, V, and X of chapter 468, or chapter 486 who
17 may give weight-loss advice or provide any weight-loss service
18 which is within the scope of practice of the respective
19 profession incidental to the performance of their profession
20 and which is not the primary activity of the person's
21 practice.
22 Section 64. Section 501.0579, Florida Statutes, is
23 renumbered as section 468.826, Florida Statutes, and amended
24 to read:
25 468.826 501.0579 Commercial Weight-Loss Practices Act;
26 unlawful practices.--It is unlawful and an unfair and
27 deceptive trade practice under part II of this chapter 501 to
28 fail to comply with the provisions of ss. 468.821-468.829 this
29 act.
30 Section 65. Section 501.0581, Florida Statutes, is
31 renumbered as section 468.827, Florida Statutes, and amended
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 to read:
2 468.827 501.0581 Commercial Weight-Loss Practices Act;
3 civil remedies.--
4 (1) The department of Agriculture and Consumer
5 Services may bring a civil action in circuit court for
6 temporary or permanent injunctive relief to enforce the
7 provisions of this act and may seek other appropriate civil
8 relief, including a civil penalty not to exceed $5,000 for
9 each violation, for restitution and damages for injured
10 customers, court costs, and reasonable attorney's fees.
11 (2) The department of Agriculture and Consumer
12 Services may terminate any investigation or action upon
13 agreement by the offender to pay a stipulated civil penalty,
14 make restitution or pay damages to customers, or satisfy any
15 other relief authorized herein and requested by the
16 department.
17 (3) Remedies provided in this section shall be in
18 addition to any other remedies provided by law.
19 Section 66. Section 468.828, Florida Statutes, is
20 created to read:
21 468.828 Weight-loss provider registration.--
22 (1) A weight-loss provider may not operate in this
23 state until such person has applied for and received from the
24 department a weight-loss provider registration. The department
25 shall prescribe an application form to be used by all persons
26 applying to obtain a weight-loss provider registration. The
27 department shall issue a weight-loss provider registration for
28 each applicant who:
29 (a) Has completed the application form and remitted a
30 nonrefundable application fee set by the department in an
31 amount not to exceed $300.
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 (b) Has identified the weight-loss provider by name,
2 street and mailing addresses, and telephone number and, in the
3 case of a partnership, corporation, association, or entity,
4 has identified a registered agent or other person to receive
5 service of papers or other documents or perform other duties
6 as specified by the department.
7 (c) Has identified the licensed or registered
8 dietitian/nutritionist who approved the weight-loss program
9 pursuant to subsection (3) by name, street and mailing
10 addresses, and telephone number.
11 (2)(a) A weight-loss provider registration is not
12 transferable to another weight-loss provider by any means,
13 including, but not limited to, any sale of a corporation,
14 partnership, sole proprietorship, or other business entity.
15 (b) A weight-loss provider shall notify the department
16 within 30 days after a change in ownership of the business and
17 at the same time return the registration to the department for
18 cancellation. Upon a change in ownership of a weight-loss
19 provider's business, the new owner shall file an application
20 for a new registration and shall pay the prescribed fee.
21 (3) Any weight-loss program offered by a weight-loss
22 provider shall be reviewed and approved by:
23 (a) A dietitian/nutritionist licensed in this state;
24 (b) A registered dietitian; or
25 (c) A dietitian/nutritionist licensed in another
26 state, provided the requirements for licensure in that state
27 are substantially equivalent to or more stringent than those
28 existing in this state.
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30 A weight-loss program may not be changed without consultation
31 and approval by one of the individuals listed in this
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 subsection.
2 (4) The person selected pursuant to subsection (3)
3 shall consider the following minimum standards in reviewing a
4 provider's weight-loss program, to determine whether the
5 weight-loss program being advocated is safe and in compliance
6 with the provisions of ss. 468.821-468.829:
7 (a) Nutritional adequacy, measured by consumption of a
8 wide variety of foods based on government recommendations for
9 healthy eating;
10 (b) Mechanisms for screening out those persons for
11 whom there is a scientific consensus that weight loss is
12 inappropriate, such as pregnant women;
13 (c) Requiring medical permission for children under 10
14 years of age and recognizing that physician consultation is
15 appropriate for anyone starting a weight-loss program;
16 (d) Promoting a rate of weight loss consistent with
17 the provisions of ss. 468.821-468.829;
18 (e) Providing a weight maintenance component designed
19 to help weight-loss program participants sustain their weight
20 losses, consistent with government standards for healthy
21 eating; and
22 (f) Providing participants with materials
23 demonstrating the weight-loss program provider's compliance
24 with ss. 468.821-468.829.
25 (5) Each weight-loss provider shall comply with all
26 requirements of the Florida Drug and Cosmetic Act, part I of
27 chapter 499; the Florida Commercial Weight-Loss Practices Act,
28 ss. 468.821-468.829; and the Deceptive and Unfair Trade
29 Practices Act, part II of chapter 501.
30 (6) Violation of subsection (5), in addition to other
31 remedies provided by law, shall result in suspension of the
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SENATE AMENDMENT
Bill No. CS for CS for SB 2336
Amendment No.
1 weight-loss provider's registration under chapter 455.
2 Reinstatement shall require demonstration of full compliance
3 with the applicable laws and payment of a reinstatement fee
4 not to exceed the initial application and registration fee.
5 (7) The department shall by rule set a biennial
6 weight-loss registration renewal fee in an amount not to
7 exceed $300. The weight-loss program or programs being offered
8 to the public shall be reviewed and approved at least
9 biennially by one of the individuals listed in subsection (3).
10 Each applicant shall submit to the department with his or her
11 biennial renewal fee the name, address, and phone number of
12 the person who reviewed and approved the weight-loss program.
13 Biennial review shall not be required for those providers who
14 have a licensed or registered dietitian/nutritionist meeting
15 the requirements of ss. 468.821-468.829 available for
16 consultation on a regular basis.
17 (8) Any weight-loss provider in business in this state
18 on October 1, 1998, shall be held harmless for any claim that
19 such provider has not obtained a weight-loss provider
20 registration as required under this section, until October 1,
21 1999.
22 (9) The department has all authority set forth in part
23 II of chapter 455 to enforce this act. Section 468.828(4) is
24 declared to be self-executing.
25 Section 67. Section 468.8281, Florida Statutes, is
26 created to read:
27 468.8281 Availability of disciplinary records and
28 proceedings.--Notwithstanding s. 455.621, any complaint or
29 record maintained by the Department of Health pursuant to the
30 discipline of a registered weight-loss provider and any
31 proceeding held by the department to discipline a registered
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Amendment No.
1 weight-loss provider shall remain open and available to the
2 public.
3 Section 68. Section 468.829, Florida Statutes, is
4 created to read:
5 468.829 Registration to be displayed;
6 advertisement.--Each weight-loss provider to whom a
7 weight-loss registration is issued shall keep such
8 registration conspicuously displayed in the provider's office,
9 place of business, or place of employment and, when required,
10 shall exhibit such registration to any member or authorized
11 representative of the department. In addition, each
12 weight-loss provider holding a registration under this act
13 must include the number of the registration in any
14 advertisement of weight-loss services which appears in any
15 newspaper, airwave transmission, telephone directory,
16 direct-mail advertisement, or other advertising medium. Each
17 weight-loss provider shall conspicuously display in the
18 provider's office, place of business, or place of employment
19 the following statement that must appear in capital letters
20 clearly distinguishable from the rest of the text: THE STATE
21 OF FLORIDA DEPARTMENT OF HEALTH HAS REGISTERED THIS
22 WEIGHT-LOSS PROVIDER TO OPERATE IN FLORIDA. HOWEVER, THE
23 REGISTRATION DOES NOT INDICATE THAT THE DEPARTMENT OF HEALTH
24 ENDORSES OR APPROVES THE CONTENT OF THIS WEIGHT-LOSS PROGRAM.
25 Section 69. Section 468.519, Florida Statutes, is
26 created to read:
27 468.519 Sexual misconduct in the practice of dietetics
28 and nutrition.--The dietitian/nutritionist and nutrition
29 counselor-client relationship is founded on mutual trust.
30 "Sexual misconduct in the practice of dietetics and nutrition"
31 means violation of the dietitian/nutritionist and nutrition
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Amendment No.
1 counselor-client relationship through which the
2 dietitian/nutritionist or nutrition counselor uses that
3 relationship to induce or attempt to induce the client to
4 engage, or to engage or attempt to engage the client, in
5 sexual activity outside the scope of practice or the scope of
6 generally accepted examination or treatment of the client.
7 Sexual misconduct in the practice of dietetics and nutrition
8 is prohibited.
9 Section 70. Subsection (1) of section 455.604, Florida
10 Statutes, is amended to read:
11 455.604 Requirement for instruction for certain
12 licensees on human immunodeficiency virus and acquired immune
13 deficiency syndrome.--
14 (1) The appropriate board shall require each person
15 licensed or certified under chapter 457; chapter 458; chapter
16 459; chapter 460; chapter 461; chapter 463; chapter 464;
17 chapter 465; chapter 466; part II, part III, or part V, or
18 part X of chapter 468; or chapter 486 to complete a continuing
19 educational course, approved by the board, on human
20 immunodeficiency virus and acquired immune deficiency syndrome
21 as part of biennial relicensure or recertification. The course
22 shall consist of education on the modes of transmission,
23 infection control procedures, clinical management, and
24 prevention of human immunodeficiency virus and acquired immune
25 deficiency syndrome. Such course shall include information on
26 current Florida law on acquired immune deficiency syndrome and
27 its impact on testing, confidentiality of test results, and
28 treatment of patients.
29 Section 71. (1) There is created within the
30 Department of Health a Task Force on Regulation of the
31 Weight-Loss Industry. The Department of Health shall provide
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Amendment No.
1 staff support for the task force. The task force shall consist
2 of not more than 20 members nominated by the associations and
3 entities named in this section and appointed by the Secretary
4 of Health. Members of the task force shall not receive
5 compensation, per diem, or reimbursement for travel expenses
6 for service on the task force. Participation in the task force
7 is optional and at the discretion of each identified group or
8 entity. If all identified groups and entities participate, the
9 task force shall include:
10 (a) One representative from each of the following
11 associations:
12 1. The Florida Dietetic Association.
13 2. The Florida Medical Association.
14 3. The Florida Osteopathic Medical Association.
15 4. The Florida Chiropractic Association.
16 5. The Florida Podiatric Medical Association.
17 6. The Florida Pharmacy Association.
18 7. The Florida Society of Health System Pharmacists.
19 (b) Three representatives from commercial weight-loss
20 programs.
21 (c) One representative from each of the following
22 entities:
23 1. The Department of Health.
24 2. The Dietetics and Nutrition Practice Council.
25 3. The Board of Medicine, which representative must be
26 a member of the board who is licensed under chapter 458,
27 Florida Statutes.
28 4. The Board of Osteopathic Medicine, which
29 representative must be a member of the board who is licensed
30 under chapter 459, Florida Statutes.
31 5. The Board of Chiropractic Medicine, which
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Amendment No.
1 representative must be a member of the board who is licensed
2 under chapter 460, Florida Statutes.
3 6. The Board of Podiatric Medicine, which
4 representative must be a member of the board who is licensed
5 under chapter 461, Florida Statutes.
6 7. The Board of Pharmacy, which representative must be
7 a member of the board who is licensed under chapter 465,
8 Florida Statutes.
9 8. The Agency for Health Care Administration.
10 (d) Two representatives from the dietary supplement
11 industry.
12 (2) The task force shall hold its first meeting no
13 later than August 1, 1998, and shall report its findings to
14 the President of the Senate, the Speaker of the House of
15 Representatives, and the chairs of the applicable legislative
16 committees of substance not later than December 31, 1998. All
17 task force meetings must be held in Tallahassee at the
18 Department of Health in order to minimize costs to the state.
19 (3) The task force shall study and make
20 recommendations to the Legislature regarding the appropriate
21 level of regulation and placement needed to enforce the
22 Florida Commercial Weight-Loss Practices Act as set forth in
23 sections 468.821-468.829, Florida Statutes, and other
24 weight-loss services.
25 (4) The task force is dissolved effective January 1,
26 1999.
27 (5) This section shall take effect upon this act
28 becoming a law.
29
30 (Redesignate subsequent sections.)
31
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Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 8, line 25, after the semicolon
4
5 insert:
6 renumbering and amending ss. 501.057, 501.0571,
7 501.0573, 501.0575, 501.0577, 501.0579,
8 501.0581, F.S.; transferring the Florida
9 Commercial Weight-Loss Practices Act from ch.
10 501, F.S., relating to consumer protection, to
11 ch. 468, F.S., relating to professions and
12 occupations; redefining the activity that
13 constitutes a weight-loss program; revising
14 certain notice requirements; providing an
15 exemption from regulation; conforming
16 references and cross-references; transferring
17 regulatory authority from the Department of
18 Agriculture and Consumer Services to the
19 Department of Health; creating s. 468.828,
20 F.S.; requiring weight-loss providers to
21 register; prescribing procedures and
22 requirements; providing a penalty; providing
23 for fees; providing a grace period for certain
24 providers; creating s. 468.8281, F.S.;
25 providing requirements for records and meetings
26 held for disciplinary actions; creating s.
27 468.829, F.S.; requiring display of
28 registration; creating s. 468.519, F.S.;
29 prohibiting sexual misconduct in the practice
30 of dietetics and nutrition; amending s.
31 455.604, F.S.; requiring instruction in HIV and
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Amendment No.
1 AIDS for persons licensed as dietitians and
2 nutritionists; creating the Task Force on
3 Regulation of the Weight-Loss Industry;
4 providing for its membership and duties;
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