House Bill hb1829

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    Florida House of Representatives - 2002                HB 1829

        By Representative Ritter






  1                      A bill to be entitled

  2         An act relating to naturopathic medicine;

  3         creating s. 462.001, F.S.; providing purpose;

  4         creating s. 462.005, F.S.; providing

  5         exceptions; amending s. 462.01, F.S.; revising

  6         and providing definitions; creating s. 462.012,

  7         F.S.; creating the Board of Naturopathic

  8         Medicine; providing for appointment and

  9         staggering of terms of members; providing

10         grounds for removal from the board; providing

11         for applicability of other provisions of law

12         governing regulatory boards; creating s.

13         462.013, F.S.; providing rulemaking authority

14         to the board; creating s. 462.015, F.S.;

15         providing general licensure requirements,

16         including fees; providing for an investigative

17         process; providing for licensure restrictions

18         under certain circumstances; amending s.

19         462.023, F.S.; transferring general regulatory

20         powers and duties from the Department of Health

21         to the board; amending s. 462.08, F.S.;

22         transferring certain duties relating to renewal

23         of licensure to the board; revising the

24         licensure renewal fee; amending s. 462.09,

25         F.S.; transferring the requirement to submit a

26         proposed budget to the board; amending s.

27         462.11, F.S.; requiring doctors of naturopathic

28         medicine to observe regulatory requirements in

29         the same manner as, and with equal rights and

30         obligations of, physicians of other schools of

31         medicine; requiring state agencies to accept

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  1         certain reports submitted by naturopathic

  2         physicians; creating s. 462.125, F.S.;

  3         providing privileges and status of naturopathic

  4         physicians; amending s. 462.13, F.S.; providing

  5         the board with certain enforcement powers and

  6         duties; amending s. 462.14, F.S.; revising

  7         grounds for disciplinary action; providing for

  8         disciplinary action by the board and the

  9         department; amending s. 462.16, F.S.;

10         conforming terminology; amending s. 462.17,

11         F.S.; prohibiting the practice of branches of

12         naturopathic medicine; providing a penalty;

13         amending s. 462.18, F.S.; transferring

14         authority to approve certain educational

15         programs to the board; correcting references;

16         amending s. 462.19, F.S.; conforming provisions

17         relating to the setting of license renewal

18         fees; amending s. 462.2001, F.S.; conforming

19         terminology; amending ss. 20.43, 381.0031,

20         468.301, 476.044, 477.0135, 485.003, 486.161,

21         627.351, 893.02, and 921.0022, F.S.; conforming

22         terminology; providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Section 462.001, Florida Statutes, is

27  created to read:

28         462.001  Purpose.--The Legislature recognizes that the

29  practice of naturopathic medicine is potentially dangerous to

30  the public if conducted by unsafe and incompetent

31  practitioners.  The Legislature finds further that it is

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  1  difficult for the public to make an informed choice when

  2  selecting a naturopathic physician and that the consequences

  3  of a wrong decision could seriously harm the public health and

  4  safety.  The primary legislative purpose in enacting this

  5  chapter is to ensure that every naturopathic physician

  6  practicing in this state meets minimum requirements for safe

  7  and effective practice.  It is the legislative intent that

  8  naturopathic physicians who fall below minimum competency or

  9  who otherwise present a danger to the public shall be

10  prohibited from practicing in this state.

11         Section 2.  Section 462.005, Florida Statutes, is

12  created to read:

13         462.005  Exceptions.--

14         (1)  The provisions of this chapter do not apply to:

15         (a)  Duly licensed health care practitioners, other

16  than naturopathic physicians and their physician assistants,

17  acting within their scope of practice authorized by statute.

18         (b)  Any physician lawfully licensed in another state

19  or territory or foreign country when meeting duly licensed

20  physicians of this state in consultation.

21         (c)  Naturopathic medical students practicing under the

22  direct supervision of a licensed physician in extern and

23  intern programs approved by any college recognized and

24  approved by the board or the American Association of

25  Naturopathic Medicine.

26         (d)  Any person furnishing medical assistance in case

27  of an emergency.

28         (e)  The domestic administration of recognized family

29  remedies.

30         (f)  The practice of the religious tenets of Christian

31  Science.

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  1         (2)  Nothing in this chapter shall be construed to

  2  prohibit any service rendered by any person if such service is

  3  rendered under the direct supervision and control of a

  4  licensed naturopathic physician, who must be available when

  5  needed, must provide specific direction for any service to be

  6  performed, and must give final approval to all services

  7  performed.

  8         Section 3.  Section 462.01, Florida Statutes, is

  9  amended to read:

10         (Substantial rewording of section.  See

11         s. 462.01, F.S., for present text.)

12         462.01  Definitions.--As used in this chapter, except

13  where the context clearly indicates otherwise:

14         (1)  "Practice of naturopathic medicine" means the

15  diagnosis, treatment, operation, or prescription for any human

16  disease, pain, injury, deformity, or other physical or mental

17  condition, which practice is based in part on educational

18  standards and requirements that emphasize the importance of

19  the natural healing arts and natural processes, and addresses

20  both the physical and vitalistic aspects of the human body.

21  The discipline and practice of naturopathic medicine includes,

22  but is not limited to, the practice of psychological,

23  mechanical, and material health sciences to aid in purifying,

24  cleansing, and normalizing human tissues for the preservation

25  or restoration of health, according to the fundamental

26  principles of anatomy, physiology, and applied psychology, as

27  may be required.  Naturopathic medical practice employs, among

28  other agencies, materia medica, pharmacology, toxicology,

29  surgery, obstetrics and gynecology, radiography, phytotherapy,

30  dietetics, nutritional therapy, bioenergetic therapy,

31  acupuncture, ayurvedic therapy, homeopathy, aromatherapy,

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  1  psychotherapy, suggestotherapy, hypnotherapy, manipulative

  2  therapy, manual therapy, myofascial release therapy,

  3  physiotherapy, hydrotherapy, diathermy, electrotherapy,

  4  mechanotherapy, mechanical and electrical appliances, zone

  5  therapy, biochemistry, external applications, hygiene, first

  6  aid and cardiopulmonary resuscitation (CPR), sanitation,

  7  heliotherapy, light therapy, infrared laser therapy, and other

  8  allied modalities.  Naturopathic medicine does not include the

  9  practice of osteopathic medicine or chiropractic medicine.

10         (2)  "Department" means the Department of Health.

11         (3)  "Board" means the Board of Naturopathic Medicine.

12         (4)  "Physician" means a doctor of naturopathic

13  medicine licensed under this chapter.

14         (5)  "Naturopathic physician" means a person who is

15  licensed to practice naturopathic medicine under this chapter.

16         (6)  "Doctor of naturopathic medicine" means a person

17  licensed to practice naturopathic medicine under this chapter.

18         (7)  "Naturopathic medical student" means a person who

19  is enrolled in a course of study at an approved school or

20  college of naturopathic medicine.

21         (8)  "Approved school or college of naturopathic

22  medicine" means a school or college determined by the board to

23  have an educational program that meets board standards as

24  prescribed by board rules, offering a course of study which,

25  on successful completion, results in the awarding of the

26  degree of doctor of naturopathic medicine.

27         (9)  "Completed application" means that the applicant

28  paid the required fees and supplied all documents and

29  information as requested by the board and in a manner

30  acceptable to the board.

31

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  1         Section 4.  Section 462.012, Florida Statutes, is

  2  created to read:

  3         462.012  Board of Naturopathic Medicine.--

  4         (1)  There is created within the department the Board

  5  of Naturopathic Medicine, composed of seven members appointed

  6  by the Governor and confirmed by the Senate.

  7         (2)  One member of the board must be a naturopathic

  8  physician licensed under this chapter in good standing in this

  9  state who is a resident of the state.  Initially, one member

10  of the board must be an osteopathic physician licensed under

11  chapter 459 in good standing in this state, and three members

12  of the board must be chiropractic physicians licensed under

13  chapter 460 in good standing in this state.  The four members

14  licensed under chapters 459 and 460 shall each serve a term of

15  2 years, and their successor appointees must be naturopathic

16  physicians licensed under this chapter in good standing in

17  this state.  The remaining two members must be residents of

18  the state who are not, and never have been, licensed health

19  care practitioners, or members of any closely related

20  profession, but who demonstrate an interest in the health

21  concerns of the state.  At least one member of the board must

22  be 60 years of age or older.

23         (3)  Except as otherwise provided in subsection (2),

24  members of the board shall be appointed for terms of 4 years.

25  As the terms of members expire, the Governor shall appoint

26  successors for terms of 4 years, and such members shall serve

27  until their successors are appointed, subject to the following

28  exceptions:

29         (a)  A member of the board may be removed from office

30  if the Governor finds that the member was guilty of

31  malfeasance, misfeasance, or dishonorable conduct.

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  1         (b)  The term of any member automatically ends on

  2  resignation or permanent removal from this state.

  3         (4)  There shall be no monetary liability on the part

  4  of and no cause of action shall arise against the members of

  5  the board, or permanent or temporary personnel of the board,

  6  for any act done or proceeding undertaken or performed in good

  7  faith and in furtherance of the purposes of this chapter.

  8         (5)  All provisions of chapter 456 relating to the

  9  board shall apply.

10         Section 5.  Section 462.013, Florida Statutes, is

11  created to read:

12         462.013  Authority to adopt rules.--The Board of

13  Naturopathic Medicine has authority to adopt rules pursuant to

14  ss. 120.536(1) and 120.54 to implement the provisions of this

15  chapter conferring duties upon it.

16         Section 6.  Section 462.015, Florida Statutes, is

17  created to read:

18         462.015  General licensure requirements.--

19         (1)  Except as otherwise provided in this chapter, any

20  person desiring to be licensed as a naturopathic physician

21  pursuant to this chapter shall:

22         (a)  Provide to the department a completed application

23  form and a nonrefundable application fee not to exceed $100.

24         (b)  Be at least 21 years of age.

25         (c)  Be of good moral character.

26         (d)  Have completed at least 2 years of preprofessional

27  postsecondary education.

28         (e)  Be a graduate of a school or college of

29  naturopathic medicine granting a degree of doctor of

30  naturopathic medicine that is approved by the board and that

31  is:

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  1         1.  A college or university of naturopathic medicine

  2  that is accredited by an accrediting agency recognized by the

  3  state or the Federal Government;

  4         2.  A college or university of naturopathic medicine

  5  that is a candidate for accreditation with an accrediting

  6  agency recognized by the state or the Federal Government;

  7         3.  A college or university of naturopathic medicine

  8  that is recognized and legally operating in another state or

  9  recognized by the Federal Government; or

10         4.  A foreign college or university of naturopathic

11  medicine that is recognized by another nation or that is

12  registered with the World Health Organization.

13         (f)  Pass an examination administered by the board or a

14  national organization approved by the board by rule.  For

15  examinations offered by the board, the board shall establish

16  the scope and subject matter of the examination, and

17  examinations shall be offered at least twice a year at a time

18  and place to be determined by the board.  An applicant who

19  fails an examination shall be reexamined pursuant to rules

20  adopted by the board.  The examination fee shall not exceed

21  $500 plus the actual per applicant cost to the board to

22  provide the examination.  The examination fee may be refunded

23  if the applicant is found ineligible to take the examination.

24         (g)  Have not previously committed any act that would

25  constitute a violation of this chapter, unless the board

26  determines that such act does not adversely affect the

27  applicant's present ability and fitness to practice

28  naturopathic medicine.

29         (h)  Not be under investigation in any jurisdiction for

30  an act that would constitute a violation of this chapter.  If,

31  upon completion of such investigation, it is determined that

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  1  the applicant has committed an act that would constitute a

  2  violation of this chapter, the applicant shall be ineligible

  3  for licensure unless the board determines that such act does

  4  not adversely affect the applicant's present ability and

  5  fitness to practice naturopathic medicine.

  6         (i)  Have not had an application for a license to

  7  practice naturopathic medicine denied or a license to practice

  8  naturopathic medicine or another health care profession

  9  revoked, suspended, or otherwise acted against by the

10  licensing authority of any jurisdiction unless the board

11  determines that the grounds on which such action was taken do

12  not adversely affect the applicant's present ability and

13  fitness to practice naturopathic medicine.  A licensing

14  authority's acceptance of a physician's relinquishment of

15  license, stipulation, consent order, or other settlement,

16  offered in response to or in anticipation of the filing of

17  administrative charges against the naturopathic physician,

18  shall be considered action against the naturopathic

19  physician's license.

20         (j)  Submit to the department a set of fingerprints on

21  a form and under procedures specified by the department, along

22  with a payment in an amount equal to the costs incurred by the

23  department for the criminal background check of the applicant.

24         (2)  The board may:

25         (a)  Require an applicant to submit credentials or any

26  other written or oral proof or documentation the board deems

27  necessary to determine the applicant's fitness for licensure

28  under this chapter.

29         (b)  Make investigations it deems proper to adequately

30  advise itself with respect to the qualifications of an

31  applicant.

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  1         (c)  Require a personal appearance of any applicant for

  2  licensure under the provisions of this chapter.  Any applicant

  3  of whom a personal appearance is required must be given

  4  adequate notice of the appearance as to time and place of the

  5  appearance, as well as a statement of the purpose for the

  6  appearance and the reasons requiring such appearance.

  7         (3)  Within 90 days after it receives a completed

  8  application and the fee for initial licensure, which may not

  9  exceed $500, the board shall issue a license if the

10  application demonstrates to the board's satisfaction that the

11  applicant complies with this chapter and board rules.

12         (4)  The department and the board shall ensure that

13  applicants for licensure meet applicable criteria in this

14  chapter through an investigative process.  When the

15  investigative process is not completed within the time set out

16  in s. 120.60(1) and the department or board has reason to

17  believe that the applicant does not meet the criteria, the

18  secretary or the secretary's designee may issue a 90-day

19  licensure delay which shall be in writing and sufficient to

20  notify the applicant of the reason for the delay.  The

21  provisions of this subsection shall control over any

22  conflicting provisions of s. 120.60(1).

23         (5)  If an applicant has committed an act that would

24  constitute a violation of this chapter or has had an

25  application for a license to practice naturopathic medicine

26  revoked, suspended, or otherwise acted against by the

27  licensing authority of any jurisdiction, notwithstanding the

28  board's determination that the applicant's present ability and

29  fitness to practice naturopathic medicine have not been

30  adversely affected, the board may certify the application to

31  the department with restrictions.

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  1         Section 7.  Section 462.023, Florida Statutes, is

  2  amended to read:

  3         462.023  Powers and duties of the board

  4  department.--The board department may adopt such rules as are

  5  necessary to carry out the purposes of this chapter, initiate

  6  disciplinary action as provided by this chapter, and shall

  7  establish fees based on its estimates of the revenue required

  8  to administer this chapter but shall not exceed the fee

  9  amounts provided in this chapter. The department shall not

10  adopt any rules which would cause any person who was not

11  licensed in accordance with this chapter on July 1, 1959, and

12  had not been a resident of the state for 2 years prior to such

13  date, to become licensed.

14         Section 8.  Section 462.08, Florida Statutes, is

15  amended to read:

16         462.08  Renewal of license to practice naturopathic

17  medicine naturopathy.--Each licenseholder shall biennially

18  renew her or his license to practice naturopathic medicine

19  naturopathy. The applicant must furnish to the board

20  department such evidence as it requires of the applicant's

21  compliance with s. 462.18, relating to educational

22  requirements. The biennial renewal fee, the amount of which

23  shall be determined by the board department but which may not

24  exceed $500 $1,000, must be paid at the time the application

25  for renewal of the license is filed.

26         Section 9.  Section 462.09, Florida Statutes, is

27  amended to read:

28         462.09  Disposition of fees.--All fees received under

29  this chapter shall be deposited into the Medical Quality

30  Assurance Trust Fund.  The Legislature shall appropriate funds

31  from this trust fund sufficient to carry out the provisions of

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  1  this chapter.  The board department shall prepare and submit a

  2  proposed budget in accordance with law.

  3         Section 10.  Section 462.11, Florida Statutes, is

  4  amended to read:

  5         462.11  Naturopathic physicians Naturopaths to observe

  6  regulations.--Doctors of naturopathic medicine naturopathy

  7  shall observe and be subject to all state, county, and

  8  municipal regulations in regard to the control of contagious

  9  and infectious diseases, the reporting of births and deaths,

10  and to any and all other matters pertaining to the public

11  health in the same manner as is required of, and with equal

12  rights and obligations of, physicians of other schools of

13  medicine, and such reports shall be accepted by the officers

14  of the departments to which they are made other practitioners

15  of the healing art.

16         Section 11.  Section 462.125, Florida Statutes, is

17  created to read:

18         462.125  Privileges and status of naturopathic

19  physicians.--

20         (1)  Naturopathic physicians licensed under this

21  chapter shall have the same rights as physicians and surgeons

22  of other schools of medicine with respect to the treatment of

23  cases or holding of offices in public institutions.

24         (2)  It is the intent and purpose of this chapter to

25  grant to naturopathic physicians the right to practice as

26  taught and practiced in the colleges of naturopathic medicine.

27         (3)  For the purposes of this subsection, "licensee"

28  means a physician licensed under chapter 458 or a naturopathic

29  physician licensed under this chapter.

30         (4)  It is the policy of this state that naturopathic

31  physicians licensed under this chapter be accorded equal

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  1  professional status and privileges as physicians licensed

  2  under chapter 458.

  3         (5)  No health facility may adopt written bylaws in

  4  accordance with legal requirements that in any way are

  5  construed to circumvent the intent of the Legislature or any

  6  other nondiscriminatory provisions contained in either chapter

  7  458 or this chapter.

  8         Section 12.  Section 462.13, Florida Statutes, is

  9  amended to read:

10         462.13  Additional powers and duties of the board and

11  the department.--The board and the department may administer

12  oaths, summon witnesses, and take testimony in all matters

13  relating to its duties pursuant to this chapter.  Every

14  unrevoked license shall be presumptive evidence in all courts

15  and places that the person therein named is legally licensed

16  to practice naturopathic medicine naturopathy.  The board and

17  the department shall aid the prosecuting attorneys of the

18  state in the enforcement of this chapter.

19         Section 13.  Section 462.14, Florida Statutes, is

20  amended to read:

21         462.14  Grounds for disciplinary action; action by the

22  board and the department.--

23         (1)  The following acts constitute grounds for denial

24  of a license or disciplinary action, as specified in s.

25  456.072(2):

26         (a)  Attempting to obtain, obtaining, or renewing a

27  license to practice naturopathic medicine by bribery or, by

28  fraudulent misrepresentation, or through an error of the

29  department.

30         (b)  Having a license to practice naturopathic medicine

31  revoked, suspended, or otherwise acted against, including the

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  1  denial of licensure, by the licensing authority of another

  2  state, territory, or country.

  3         (c)  Being convicted or found guilty, regardless of

  4  adjudication, of a crime in any jurisdiction which directly

  5  relates to the practice of naturopathic medicine or to the

  6  ability to practice naturopathic medicine. Any plea of nolo

  7  contendere may shall be considered a conviction for purposes

  8  of this chapter.

  9         (d)  False, deceptive, or misleading advertising.

10         (e)  Advertising, practicing, or attempting to practice

11  under a name other than one's own.

12         (e)(f)  Failing to report to the department any person

13  who the licensee knows is in violation of this chapter or of

14  the rules of the department.

15         (f)(g)  Aiding, assisting, procuring, or advising any

16  unlicensed person to practice naturopathic medicine contrary

17  to this chapter or to a rule of the department.

18         (g)(h)  Failing to perform any statutory or legal

19  obligation placed upon a licensed naturopathic physician.

20         (h)(i)  Making or filing a report which the licensee

21  knows to be false, intentionally or negligently failing to

22  file a report or record required by state or federal law,

23  willfully impeding or obstructing such filing or inducing

24  another person to do so.  Such reports or records shall

25  include only those which are signed in the capacity as a

26  licensed naturopathic physician.

27         (i)(j)  Paying or receiving any commission, bonus,

28  kickback, or rebate, or engaging in any split-fee arrangement

29  in any form whatsoever with a physician, organization, agency,

30  or person, either directly or indirectly, for patients

31  referred to providers of health care goods and services,

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  1  including, but not limited to, hospitals, nursing homes,

  2  clinical laboratories, ambulatory surgical centers, or

  3  pharmacies.  The provisions of this paragraph shall not be

  4  construed to prevent a naturopathic physician from receiving a

  5  fee for professional consultation services.

  6         (j)(k)  Exercising influence within a patient-physician

  7  relationship for purposes of engaging a patient in sexual

  8  activity. A patient shall be presumed to be incapable of

  9  giving free, full, and informed consent to sexual activity

10  with her or his physician.

11         (k)(l)  Making deceptive, untrue, or fraudulent

12  representations in the practice of naturopathic medicine or

13  employing a trick or scheme in the practice of naturopathic

14  medicine when such scheme or trick fails to conform to the

15  generally prevailing standards of treatment in the

16  naturopathic medical community.

17         (l)(m)  Coercing prospective Soliciting patients,

18  either personally or through an agent, through the use of

19  fraud, intimidation, undue influence, or a form of

20  overreaching or vexatious conduct.  A "solicitation" is any

21  communication which directly or implicitly requests an

22  immediate oral response from the recipient.

23         (m)(n)  Failing to keep written medical records

24  justifying the course of treatment of the patient, including,

25  but not limited to, patient histories, examination results,

26  test results, X rays, and records of the prescribing,

27  dispensing and administering of drugs.

28         (n)(o)  Exercising influence on the patient or client

29  in such a manner as to exploit the patient or client for the

30  financial gain of the licensee or of a third party, which

31  shall include, but not be limited to, the promoting or selling

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  1  of services, goods, appliances, or drugs and the promoting or

  2  advertising on any prescription form of a community pharmacy

  3  unless the form also states "This prescription may be filled

  4  at any pharmacy of your choice."

  5         (o)(p)  Performing professional services which have not

  6  been duly authorized by the patient or client, or her or his

  7  legal representative, except as provided in s. 743.064, s.

  8  766.103, or s. 768.13.

  9         (p)(q)  Prescribing, dispensing, administering, mixing,

10  or otherwise preparing a legend drug, including any controlled

11  substance, other than in the course of the naturopathic

12  physician's professional practice.  For the purposes of this

13  paragraph, it shall be legally presumed that prescribing,

14  dispensing, administering, mixing, or otherwise preparing

15  legend drugs, including all controlled substances,

16  inappropriately or in excessive or inappropriate quantities is

17  not in the best interest of the patient and is not in the

18  course of the naturopathic physician's professional practice,

19  without regard to her or his intent.

20         (q)(r)  Prescribing, dispensing, or administering any

21  medicinal drug appearing on any schedule set forth in chapter

22  893 by the naturopathic physician to herself or himself,

23  except one prescribed, dispensed, or administered to the

24  naturopathic physician by another practitioner authorized to

25  prescribe, dispense, or administer medicinal drugs.

26         (r)(s)  Being unable to practice naturopathic medicine

27  with reasonable skill and safety to patients by reason of

28  illness or use of alcohol, drugs, narcotics, chemicals, or any

29  other type of material or as a result of any mental or

30  physical condition.  In enforcing this paragraph, the board

31  department shall have, upon probable cause, authority to

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  1  compel a naturopathic physician to submit to a mental or

  2  physical examination by physicians designated by an

  3  independent and impartial panel of physicians recommended by

  4  the Florida Association of Naturopathic Physicians, Inc.

  5  Communication by the board to the accused naturopathic

  6  physician shall be delivered via registered mail to submit to

  7  an examination the department.  The failure of a naturopathic

  8  physician to submit to such an examination when so directed

  9  shall constitute an admission of the allegations against her

10  or him upon which a default and final order may be entered

11  without the taking of testimony or presentation of evidence,

12  unless the failure was due to circumstances beyond the

13  naturopathic physician's control.  A naturopathic physician

14  affected under this paragraph shall at reasonable intervals be

15  afforded an opportunity to demonstrate that she or he can

16  resume the competent practice of naturopathic medicine with

17  reasonable skill and safety to patients. In any proceeding

18  under this paragraph, neither the record of proceedings nor

19  the orders entered by the board department may be used against

20  a naturopathic physician in any other proceeding.

21         (s)(t)  Gross or repeated malpractice or the failure to

22  practice naturopathic medicine with that level of care, skill,

23  and treatment which is recognized by a reasonably prudent

24  similar physician as being acceptable under similar conditions

25  and circumstances.  The department shall give great weight to

26  the provisions of s. 766.102 when enforcing this paragraph.

27         (t)(u)  Performing any procedure or prescribing any

28  therapy which, by the prevailing standards of naturopathic

29  medical practice in the community, constitutes experimentation

30  on a human subject, without first obtaining full, informed,

31  and written consent.

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  1         (u)(v)  Practicing or offering to practice beyond the

  2  scope permitted by law or accepting and performing

  3  professional responsibilities which the licensee knows or has

  4  reason to know that she or he is not competent to perform.

  5         (v)(w)  Delegating professional responsibilities to a

  6  person when the licensee delegating such responsibilities

  7  knows or has reason to know that such person is not qualified

  8  by training, experience, or licensure to perform them.

  9         (w)(x)  Violating a lawful order of the department

10  previously entered in a disciplinary hearing or failing to

11  comply with a lawfully issued subpoena of the department.

12         (x)(y)  Conspiring with another licensee or with any

13  other person to commit an act, or committing an act, which

14  would tend to coerce, intimidate, or preclude another licensee

15  from lawfully advertising her or his services.

16         (y)(z)  Procuring, or aiding or abetting in the

17  procuring of, an unlawful termination of pregnancy.

18         (z)(aa)  Presigning blank prescription forms.

19         (aa)(bb)  Prescribing by the naturopathic physician for

20  office use any medicinal drug appearing on Schedule II in

21  chapter 893.

22         (bb)(cc)  Prescribing, ordering, dispensing,

23  administering, supplying, selling, or giving any drug which is

24  an amphetamine or sympathomimetic amine drug, or a compound

25  designated pursuant to chapter 893 as a Schedule II controlled

26  substance to or for any person except for:

27         1.  The treatment of narcolepsy; hyperkinesis;

28  behavioral syndrome in adults and children characterized by

29  the developmentally inappropriate symptoms of moderate to

30  severe distractability, short attention span, hyperactivity,

31

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  1  emotional lability, and impulsivity; or drug-induced brain

  2  dysfunction.

  3         2.  The differential diagnostic psychiatric evaluation

  4  of depression or the treatment of depression shown to be

  5  refractory to other therapeutic modalities.

  6         3.  The clinical investigation of the effects of such

  7  drugs or compounds when an investigative protocol therefor is

  8  submitted to, reviewed, and approved by the department before

  9  such investigation is begun.

10         (dd)  Prescribing, ordering, dispensing, administering,

11  supplying, selling, or giving growth hormones, testosterone or

12  its analogs, human chorionic gonadotropin (HCG), or other

13  hormones for the purpose of muscle building or to enhance

14  athletic performance. For the purposes of this subsection, the

15  term "muscle building" does not include the treatment of

16  injured muscle.  A prescription written for the drug products

17  listed above may be dispensed by the pharmacist with the

18  presumption that the prescription is for legitimate medical

19  use.

20         (cc)(ee)  Violating any provision of this chapter or

21  chapter 456, or any rules adopted pursuant thereto.

22         (2)  The board department may enter an order denying

23  licensure or imposing any of the penalties in s. 456.072(2)

24  against any applicant for licensure or licensee who is found

25  guilty of violating any provision of subsection (1) of this

26  section or who is found guilty of violating any provision of

27  s. 456.072(1).

28         (3)  The department shall not reinstate the license of

29  a naturopathic physician until such time as the board

30  department is satisfied that such person has complied with all

31  the terms and conditions set forth in the final order and that

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  1  such person is capable of safely engaging in the practice of

  2  naturopathic medicine.

  3         (4)  The board department shall by rule establish

  4  guidelines for the disposition of disciplinary cases involving

  5  specific types of violations. Such guidelines may include

  6  minimum and maximum fines, periods of supervision or

  7  probation, or conditions of probation or reissuance of a

  8  license.

  9         Section 14.  Section 462.16, Florida Statutes, is

10  amended to read:

11         462.16  Reissue of license.--Any person who shall

12  practice naturopathic medicine naturopathy after her or his

13  license has been revoked and registration annulled shall be

14  deemed to have practiced naturopathic medicine naturopathy

15  without a license; provided, however, at any time after 6

16  months after the date of said conviction, the department may

17  grant a license to the person affected, restoring to her or

18  him all the rights and privileges of and pertaining to the

19  practice of naturopathic medicine naturopathy as defined and

20  regulated by this chapter. The fee therefor shall not exceed

21  $250.

22         Section 15.  Section 462.17, Florida Statutes, is

23  amended to read:

24         462.17  Penalty for offenses relating to naturopathic

25  medicine naturopathy.--Any person who shall:

26         (1)  Sell, fraudulently obtain, or furnish any

27  naturopathic medicine diploma, license, record, or

28  registration or aid or abet in the same;

29         (2)  Practice naturopathic medicine naturopathy under

30  the cover of any diploma, license, record, or registration

31

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  1  illegally or fraudulently obtained or secured or issued

  2  unlawfully or upon fraudulent representations;

  3         (3)  Advertise to practice naturopathic medicine

  4  naturopathy under a name other than her or his own or under an

  5  assumed name;

  6         (4)  Falsely impersonate another practitioner of a like

  7  or different name;

  8         (5)  Practice or advertise to practice naturopathic

  9  medicine naturopathy or use in connection with her or his name

10  any designation tending to imply or to designate the person as

11  a practitioner of naturopathic medicine naturopathy without

12  then being lawfully licensed and authorized to practice

13  naturopathic medicine naturopathy in this state; or

14         (6)  Practice any of the branches of naturopathic

15  medicine, but this shall not be construed to prohibit any

16  other health care practitioner from acting within her or his

17  authorized scope of practice; or

18         (7)(6)  Practice naturopathic medicine naturopathy

19  during the time her or his license is suspended or revoked

20

21  commits shall be guilty of a felony of the third degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084.

24         Section 16.  Section 462.18, Florida Statutes, is

25  amended to read:

26         462.18  Educational requirements.--

27         (1)  At the time each licensee shall renew her or his

28  license as otherwise provided in this chapter, each licensee,

29  beginning with the license renewal due May 1, 1944, in

30  addition to the payment of the regular renewal fee, shall

31  furnish to the board department satisfactory evidence that, in

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  1  the year preceding each such application for renewal, the

  2  licensee has attended the 2-day educational program as

  3  promulgated and conducted by the Florida Association of

  4  Naturopathic Physicians Association, Inc., or, as a substitute

  5  therefor, the equivalent of that program as approved by the

  6  board department.  The department shall send a written notice

  7  to this effect to every person holding a valid license to

  8  practice naturopathic medicine naturopathy within this state

  9  at least 30 days prior to May 1 in each biennial year,

10  directed to the last known address of such licensee, and shall

11  enclose with the notice proper blank forms for application for

12  biennial annual license renewal.  All of the details and

13  requirements of the aforesaid educational program shall be

14  adopted and prescribed by the board department.  In the event

15  of national emergencies, or for sufficient reason, the board

16  department shall have the power to excuse the naturopathic

17  physicians as a group or as individuals from taking this

18  postgraduate course.

19         (2)  The determination of whether a substitute annual

20  educational program is necessary shall be solely within the

21  discretion of the board department.

22         Section 17.  Section 462.19, Florida Statutes, is

23  amended to read:

24         462.19  Renewal of license; inactive status.--

25         (1)  The department shall renew a license upon receipt

26  of the renewal application and fee.

27         (2)  The department shall adopt rules establishing a

28  procedure for the biennial renewal of licenses.

29         (3)  A licensee may request that her or his license be

30  placed in an inactive status by making application to the

31

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  1  department and paying a fee in an amount set by the board

  2  department not to exceed $50.

  3         Section 18.  Section 462.2001, Florida Statutes, is

  4  amended to read:

  5         462.2001  Saving clause.--All licenses to practice

  6  naturopathic medicine naturopathy issued pursuant to this

  7  chapter and valid on October 1, 1985, shall remain in full

  8  force and effect.

  9         Section 19.  Paragraph (g) of subsection (3) of section

10  20.43, Florida Statutes, is amended to read:

11         20.43  Department of Health.--There is created a

12  Department of Health.

13         (3)  The following divisions of the Department of

14  Health are established:

15         (g)  Division of Medical Quality Assurance, which is

16  responsible for the following boards and professions

17  established within the division:

18         1.  The Board of Acupuncture, created under chapter

19  457.

20         2.  The Board of Medicine, created under chapter 458.

21         3.  The Board of Osteopathic Medicine, created under

22  chapter 459.

23         4.  The Board of Chiropractic Medicine, created under

24  chapter 460.

25         5.  The Board of Podiatric Medicine, created under

26  chapter 461.

27         6.  The Board of Naturopathic Medicine Naturopathy,

28  created as provided under chapter 462.

29         7.  The Board of Optometry, created under chapter 463.

30         8.  The Board of Nursing, created under part I of

31  chapter 464.

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  1         9.  Nursing assistants, as provided under part II of

  2  chapter 464.

  3         10.  The Board of Pharmacy, created under chapter 465.

  4         11.  The Board of Dentistry, created under chapter 466.

  5         12.  Midwifery, as provided under chapter 467.

  6         13.  The Board of Speech-Language Pathology and

  7  Audiology, created under part I of chapter 468.

  8         14.  The Board of Nursing Home Administrators, created

  9  under part II of chapter 468.

10         15.  The Board of Occupational Therapy, created under

11  part III of chapter 468.

12         16.  Respiratory therapy, as provided under part V of

13  chapter 468.

14         17.  Dietetics and nutrition practice, as provided

15  under part X of chapter 468.

16         18.  The Board of Athletic Training, created under part

17  XIII of chapter 468.

18         19.  The Board of Orthotists and Prosthetists, created

19  under part XIV of chapter 468.

20         20.  Electrolysis, as provided under chapter 478.

21         21.  The Board of Massage Therapy, created under

22  chapter 480.

23         22.  The Board of Clinical Laboratory Personnel,

24  created under part III of chapter 483.

25         23.  Medical physicists, as provided under part IV of

26  chapter 483.

27         24.  The Board of Opticianry, created under part I of

28  chapter 484.

29         25.  The Board of Hearing Aid Specialists, created

30  under part II of chapter 484.

31

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  1         26.  The Board of Physical Therapy Practice, created

  2  under chapter 486.

  3         27.  The Board of Psychology, created under chapter

  4  490.

  5         28.  School psychologists, as provided under chapter

  6  490.

  7         29.  The Board of Clinical Social Work, Marriage and

  8  Family Therapy, and Mental Health Counseling, created under

  9  chapter 491.

10

11  The department may contract with the Agency for Health Care

12  Administration who shall provide consumer complaint,

13  investigative, and prosecutorial services required by the

14  Division of Medical Quality Assurance, councils, or boards, as

15  appropriate.

16         Section 20.  Subsection (1) of section 381.0031,

17  Florida Statutes, is amended to read:

18         381.0031  Report of diseases of public health

19  significance to department.--

20         (1)  Any practitioner licensed in this state to

21  practice medicine, osteopathic medicine, chiropractic

22  medicine, naturopathic medicine naturopathy, or veterinary

23  medicine; any hospital licensed under part I of chapter 395;

24  or any laboratory licensed under chapter 483 that diagnoses or

25  suspects the existence of a disease of public health

26  significance shall immediately report the fact to the

27  Department of Health.

28         Section 21.  Subsection (10) of section 468.301,

29  Florida Statutes, is amended to read:

30         468.301  Definitions.--As used in this part, the term:

31

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  1         (10)  "Licensed practitioner" means a person who is

  2  licensed or otherwise authorized by law to practice medicine,

  3  podiatric medicine, chiropody, osteopathic medicine,

  4  naturopathic medicine naturopathy, or chiropractic medicine in

  5  this state.

  6         Section 22.  Subsection (1) of section 476.044, Florida

  7  Statutes, is amended to read:

  8         476.044  Exemptions.--This chapter does not apply to

  9  the following persons when practicing pursuant to their

10  professional responsibilities and duties:

11         (1)  Persons authorized under the laws of this state to

12  practice medicine, surgery, osteopathic medicine, chiropractic

13  medicine, naturopathic medicine naturopathy, or podiatric

14  medicine;

15         Section 23.  Paragraph (a) of subsection (1) of section

16  477.0135, Florida Statutes, is amended to read:

17         477.0135  Exemptions.--

18         (1)  This chapter does not apply to the following

19  persons when practicing pursuant to their professional or

20  occupational responsibilities and duties:

21         (a)  Persons authorized under the laws of this state to

22  practice medicine, surgery, osteopathic medicine, chiropractic

23  medicine, massage, naturopathic medicine naturopathy, or

24  podiatric medicine.

25         Section 24.  Subsections (2) and (3) of section

26  485.003, Florida Statutes, are amended to read:

27         485.003  Definitions.--In construing this chapter, the

28  words, phrases, or terms, unless the context otherwise

29  indicates, shall have the following meanings:

30         (2)  "Healing arts" shall mean the practice of

31  medicine, surgery, psychiatry, dentistry, osteopathic

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  1  medicine, chiropractic medicine, naturopathic medicine

  2  naturopathy, podiatric medicine, chiropody, psychology,

  3  clinical social work, marriage and family therapy, mental

  4  health counseling, and optometry.

  5         (3)  "Practitioner of the healing arts" shall mean a

  6  person licensed under the laws of the state to practice

  7  medicine, surgery, psychiatry, dentistry, osteopathic

  8  medicine, chiropractic medicine, naturopathic medicine

  9  naturopathy, podiatric medicine, chiropody, psychology,

10  clinical social work, marriage and family therapy, mental

11  health counseling, or optometry within the scope of his or her

12  professional training and competence and within the purview of

13  the statutes applicable to his or her respective profession,

14  and who may refer a patient for treatment by a qualified

15  person, who shall employ hypnotic techniques under the

16  supervision, direction, prescription, and responsibility of

17  such referring practitioner.

18         Section 25.  Subsection (1) of section 486.161, Florida

19  Statutes, is amended to read:

20         486.161  Exemptions.--

21         (1)  No provision of this chapter shall be construed to

22  prohibit any person licensed in this state from using any

23  physical agent as a part of, or incidental to, the lawful

24  practice of her or his profession under the statutes

25  applicable to the profession of chiropractic physician,

26  podiatric physician, doctor of medicine, massage therapist,

27  nurse, osteopathic physician or surgeon, occupational

28  therapist, or naturopathic physician naturopath.

29         Section 26.  Paragraph (h) of subsection (4) of section

30  627.351, Florida Statutes, is amended to read:

31         627.351  Insurance risk apportionment plans.--

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  1         (4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--

  2         (h)  As used in this subsection:

  3         1.  "Health care provider" means hospitals licensed

  4  under chapter 395; physicians licensed under chapter 458;

  5  osteopathic physicians licensed under chapter 459; podiatric

  6  physicians licensed under chapter 461; dentists licensed under

  7  chapter 466; chiropractic physicians licensed under chapter

  8  460; naturopathic physicians naturopaths licensed under

  9  chapter 462; nurses licensed under part I of chapter 464;

10  midwives licensed under chapter 467; clinical laboratories

11  registered under chapter 483; physician assistants licensed

12  under chapter 458 or chapter 459; physical therapists and

13  physical therapist assistants licensed under chapter 486;

14  health maintenance organizations certificated under part I of

15  chapter 641; ambulatory surgical centers licensed under

16  chapter 395; other medical facilities as defined in

17  subparagraph 2.; blood banks, plasma centers, industrial

18  clinics, and renal dialysis facilities; or professional

19  associations, partnerships, corporations, joint ventures, or

20  other associations for professional activity by health care

21  providers.

22         2.  "Other medical facility" means a facility the

23  primary purpose of which is to provide human medical

24  diagnostic services or a facility providing nonsurgical human

25  medical treatment, to which facility the patient is admitted

26  and from which facility the patient is discharged within the

27  same working day, and which facility is not part of a

28  hospital.  However, a facility existing for the primary

29  purpose of performing terminations of pregnancy or an office

30  maintained by a physician or dentist for the practice of

31

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  1  medicine shall not be construed to be an "other medical

  2  facility."

  3         3.  "Health care facility" means any hospital licensed

  4  under chapter 395, health maintenance organization

  5  certificated under part I of chapter 641, ambulatory surgical

  6  center licensed under chapter 395, or other medical facility

  7  as defined in subparagraph 2.

  8         Section 27.  Subsection (19) of section 893.02, Florida

  9  Statutes, is amended to read:

10         893.02  Definitions.--The following words and phrases

11  as used in this chapter shall have the following meanings,

12  unless the context otherwise requires:

13         (19)  "Practitioner" means a physician licensed

14  pursuant to chapter 458, a dentist licensed pursuant to

15  chapter 466, a veterinarian licensed pursuant to chapter 474,

16  an osteopathic physician licensed pursuant to chapter 459, a

17  naturopathic physician naturopath licensed pursuant to chapter

18  462, or a podiatric physician licensed pursuant to chapter

19  461, provided such practitioner holds a valid federal

20  controlled substance registry number.

21         Section 28.  Paragraph (g) of subsection (3) of section

22  921.0022, Florida Statutes, is amended to read:

23         921.0022  Criminal Punishment Code; offense severity

24  ranking chart.--

25         (3)  OFFENSE SEVERITY RANKING CHART

26

27  Florida           Felony

28  Statute           Degree             Description

29

30                              (g)  LEVEL 7

31

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  1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  2                              injury.

  3  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  4                              bodily injury.

  5  402.319(2)         2nd      Misrepresentation and negligence

  6                              or intentional act resulting in

  7                              great bodily harm, permanent

  8                              disfiguration, permanent

  9                              disability, or death.

10  409.920(2)         3rd      Medicaid provider fraud.

11  456.065(2)         3rd      Practicing a health care

12                              profession without a license.

13  456.065(2)         2nd      Practicing a health care

14                              profession without a license

15                              which results in serious bodily

16                              injury.

17  458.327(1)         3rd      Practicing medicine without a

18                              license.

19  459.013(1)         3rd      Practicing osteopathic medicine

20                              without a license.

21  460.411(1)         3rd      Practicing chiropractic medicine

22                              without a license.

23  461.012(1)         3rd      Practicing podiatric medicine

24                              without a license.

25  462.17             3rd      Practicing naturopathic medicine

26                              naturopathy without a license.

27  463.015(1)         3rd      Practicing optometry without a

28                              license.

29  464.016(1)         3rd      Practicing nursing without a

30                              license.

31

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  1  465.015(2)         3rd      Practicing pharmacy without a

  2                              license.

  3  466.026(1)         3rd      Practicing dentistry or dental

  4                              hygiene without a license.

  5  467.201            3rd      Practicing midwifery without a

  6                              license.

  7  468.366            3rd      Delivering respiratory care

  8                              services without a license.

  9  483.828(1)         3rd      Practicing as clinical laboratory

10                              personnel without a license.

11  483.901(9)         3rd      Practicing medical physics

12                              without a license.

13  484.013(1)(c)      3rd      Preparing or dispensing optical

14                              devices without a prescription.

15  484.053            3rd      Dispensing hearing aids without a

16                              license.

17  494.0018(2)        1st      Conviction of any violation of

18                              ss. 494.001-494.0077 in which the

19                              total money and property

20                              unlawfully obtained exceeded

21                              $50,000 and there were five or

22                              more victims.

23  560.123(8)(b)1.    3rd      Failure to report currency or

24                              payment instruments exceeding

25                              $300 but less than $20,000 by

26                              money transmitter.

27  560.125(5)(a)      3rd      Money transmitter business by

28                              unauthorized person, currency or

29                              payment instruments exceeding

30                              $300 but less than $20,000.

31

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  1  655.50(10)(b)1.    3rd      Failure to report financial

  2                              transactions exceeding $300 but

  3                              less than $20,000 by financial

  4                              institution.

  5  782.051(3)         2nd      Attempted felony murder of a

  6                              person by a person other than the

  7                              perpetrator or the perpetrator of

  8                              an attempted felony.

  9  782.07(1)          2nd      Killing of a human being by the

10                              act, procurement, or culpable

11                              negligence of another

12                              (manslaughter).

13  782.071            2nd      Killing of human being or viable

14                              fetus by the operation of a motor

15                              vehicle in a reckless manner

16                              (vehicular homicide).

17  782.072            2nd      Killing of a human being by the

18                              operation of a vessel in a

19                              reckless manner (vessel

20                              homicide).

21  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

22                              causing great bodily harm or

23                              disfigurement.

24  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

25                              weapon.

26  784.045(1)(b)      2nd      Aggravated battery; perpetrator

27                              aware victim pregnant.

28  784.048(4)         3rd      Aggravated stalking; violation of

29                              injunction or court order.

30  784.07(2)(d)       1st      Aggravated battery on law

31                              enforcement officer.

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  1  784.074(1)(a)      1st      Aggravated battery on sexually

  2                              violent predators facility staff.

  3  784.08(2)(a)       1st      Aggravated battery on a person 65

  4                              years of age or older.

  5  784.081(1)         1st      Aggravated battery on specified

  6                              official or employee.

  7  784.082(1)         1st      Aggravated battery by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

14                              of s. 790.07(1) or (2).

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  796.03             2nd      Procuring any person under 16

21                              years for prostitution.

22  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

23                              victim less than 12 years of age;

24                              offender less than 18 years.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

31

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  1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  2                              unarmed; no assault or battery.

  3  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

  4                              unarmed; no assault or battery.

  5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  6                              unarmed; no assault or battery.

  7  812.014(2)(a)      1st      Property stolen, valued at

  8                              $100,000 or more; cargo stolen

  9                              valued at $50,000, or more;

10                              property stolen while causing

11                              other property damage; 1st degree

12                              grand theft.

13  812.014(2)(b)2.    2nd      Property stolen, emergency

14                              medical equipment; 2nd degree

15                              grand theft.

16  812.019(2)         1st      Stolen property; initiates,

17                              organizes, plans, etc., the theft

18                              of property and traffics in

19                              stolen property.

20  812.131(2)(a)      2nd      Robbery by sudden snatching.

21  812.133(2)(b)      1st      Carjacking; no firearm, deadly

22                              weapon, or other weapon.

23  817.234(11)(c)     1st      Insurance fraud; property value

24                              $100,000 or more.

25  825.102(3)(b)      2nd      Neglecting an elderly person or

26                              disabled adult causing great

27                              bodily harm, disability, or

28                              disfigurement.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

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  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(3)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  837.05(2)          3rd      Giving false information about

12                              alleged capital felony to a law

13                              enforcement officer.

14  872.06             2nd      Abuse of a dead human body.

15  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

16                              cocaine (or other drug prohibited

17                              under s. 893.03(1)(a), (1)(b),

18                              (1)(d), (2)(a), (2)(b), or

19                              (2)(c)4.) within 1,000 feet of a

20                              child care facility or school.

21  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

22                              cocaine or other drug prohibited

23                              under s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4., within 1,000 feet of

26                              property used for religious

27                              services or a specified business

28                              site.

29

30

31

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  1  893.13(4)(a)       1st      Deliver to minor cocaine (or

  2                              other s. 893.03(1)(a), (1)(b),

  3                              (1)(d), (2)(a), (2)(b), or

  4                              (2)(c)4. drugs).

  5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  6                              than 25 lbs., less than 2,000

  7                              lbs.

  8  893.135

  9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

29

30

31

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  1  893.135

  2   (1)(h)1.a.        1st      Trafficking in

  3                              gamma-hydroxybutyric acid (GHB),

  4                              1 kilogram or more, less than 5

  5                              kilograms.

  6  893.135

  7   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

  8                              kilogram or more, less than 5

  9                              kilograms.

10  893.135

11   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22         Section 29.  This act shall take effect July 1, 2002.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Revises the practice act for naturopathic medicine to
27    reopen the profession to licensure and to transfer
      regulatory authority from the Department of Health to a
28    newly created Board of Naturopathic Medicine.  Provides
      new provisions relating to purpose, exceptions,
29    rulemaking authority, general licensure requirements, and
      privileges and status of naturopathic physicians.
30    Revises existing provisions of the practice act to
      conform.  See bill for details.
31

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