HB 1375

1	A bill to be entitled
2	An act relating to naturopathic medicine; changing the
3	title of ch. 462, F.S., from "Naturopathy" to
4	"Naturopathic Medicine"; amending s. 462.01, F.S.;
5	revising and providing definitions; creating s. 462.0215,
6	F.S.; creating the Board of Naturopathic Medicine;
7	providing membership and duties of the board; providing
8	guidelines for probable cause panels and disciplinary
9	decisions; providing applicability of ch. 456, F.S.;
10	amending s. 462.023, F.S.; providing powers and duties of
11	the board under ch. 462, F.S., including rulemaking
12	authority; deleting obsolete language; amending s. 462.08,
13	F.S.; conforming terminology; amending s. 462.11, F.S.;
14	conforming and correcting terminology; amending s. 462.13,
15	F.S.; providing additional powers and duties of the board;
16	amending s. 462.14, F.S.; specifying authority of the
17	department and the board with respect to disciplinary
18	action and revising grounds for disciplinary action with
19	respect to such authority; conforming terminology;
20	amending s. 462.16, F.S.; specifying authority for setting
21	the fee for the reissuance of license under certain
22	circumstances; conforming terminology; amending s. 462.17,
23	F.S.; conforming terminology; amending s. 462.18, F.S.,
24	relating to educational requirements; conforming
25	terminology; amending s. 462.19, F.S.; increasing the
26	maximum amount at which the inactive status fee may be
27	set; creating s. 462.193, F.S.; providing requirements for
28	licensure as a naturopathic physician; providing fees;
29	providing grounds for denying or restricting licenses;
30	providing for the applicability of certain rights to
31	naturopathic physicians who have certain qualifications;
32	creating s. 462.195, F.S.; providing exemptions from
33	licensure requirements; amending s. 462.2001, F.S.;
34	updating the saving clause; conforming terminology;
35	providing that certain rights and privileges of active
36	licensees are retained; amending ss. 20.43, 381.0031,
37	468.301, 476.044, 477.0135, 485.003, 486.161, 627.351,
38	893.02, and 921.0022, F.S.; conforming terminology;
39	providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Chapter 462, Florida Statutes, which is
44	entitled "Naturopathy," is redesignated as "Naturopathic
45	Medicine."
46	Section 2.  Section 462.01, Florida Statutes, is amended to
47	read:
48	462.01  Definitions.--As used in this chapter, the term:
49	(1)  "Board" means the Board of Naturopathic Medicine.
50	(2)  "Department" means the Department of Health.
51	(3)  "Doctor of naturopathic medicine" or "naturopathic
52	physician" means a person licensed to practice naturopathic
53	medicine under this chapter.
54	(4)(1)  "Natureopathy," and "naturopathy," and
55	"naturopathic medicine" shall be construed as synonymous terms
56	and mean the use and practice of psychological, mechanical, and
57	material health sciences to aid in purifying, cleansing, and
58	normalizing human tissues for the preservation or restoration of
59	health, according to the fundamental principles of anatomy,
60	physiology, and applied psychology, as may be required.
61	Naturopathic practice employs, among other agencies,
62	phytotherapy, dietetics, psychotherapy, suggestotherapy,
63	hydrotherapy, zone therapy, biochemistry, external applications,
64	electrotherapy, mechanotherapy, mechanical and electrical
65	appliances, hygiene, first aid, sanitation, and heliotherapy.;
66	provided, However, that nothing in this chapter shall be held or
67	construed to authorize any doctor of naturopathic medicine or
68	naturopathic physician licensed under this chapter hereunder to
69	practice materia medica, major or surgery, or chiropractic
70	medicine, acupuncture, or oriental medicine, nor shall the
71	provisions of this chapter law in any manner apply to or affect
72	the practice of osteopathic medicine, chiropractic medicine,
73	Christian Science, or any other treatment authorized and
74	provided for by law for the cure or prevention of disease and
75	ailments.
76	Section 3.  Section 462.0215, Florida Statutes, is created
77	to read:
78	462.0215  Board of Naturopathic Medicine.--
79	(1)  There is created within the department the Board of
80	Naturopathic Medicine, composed of seven members appointed by
81	the Governor and confirmed by the Senate.
82	(2)(a)  Five members of the board must be:
83	1.  Licensed doctors of naturopathic medicine or
84	naturopathic physicians in good standing in this state who are
85	residents of the state and who have been engaged in the practice
86	of naturopathic medicine for at least 5 years; or
87	2.  Persons who have been teaching naturopathic medicine
88	and who hold a doctorate of naturopathic medicine from an
89	institution accredited by an accrediting agency recognized by
90	the United States Department of Education.
91	(b)  The remaining two members of the board must be
92	residents of the state who are not, and never have been,
93	licensed health care practitioners.
94	(c)  At least one member of the board must be 60 years of
95	age or older.
96	(3)  For the purpose of staggering terms, the Governor
97	shall initially appoint to the board three members for terms of
98	4 years each, two members for terms of 3 years each, and two
99	members for terms of 2 years each. As the terms of board members
100	expire, the Governor shall appoint successors for terms of 4
101	years, and such members shall serve until their successors are
102	appointed.
103	(4)  The board, in conjunction with the department, shall
104	establish a disciplinary training program for members of the
105	board. The program shall provide for initial and periodic
106	training in the grounds for disciplinary action, the actions
107	that may be taken by the board and the department, changes in
108	relevant statutes and rules, and any relevant judicial and
109	administrative decisions. A member of the board may not
110	participate on a probable cause panel or in a disciplinary
111	decision of the board unless she or he has completed the
112	disciplinary training program.
113	(5)  During the time members of the board are appointed to
114	a probable cause panel, they shall attempt to complete their
115	work on every case presented to them. If consideration of a case
116	is begun but is not completed during the term of the board
117	members on the panel, they may reconvene as a probable cause
118	panel for the purpose of completing their deliberations on that
119	case.
120	(6)  All provisions of chapter 456 relating to activities
121	of the board are applicable.
122	Section 4.  Section 462.023, Florida Statutes, is amended
123	to read:
124	462.023  Powers and duties of the board and the
125	department.--The board and the department may adopt such rules
126	as are necessary to carry out the purposes of this chapter, may
127	initiate disciplinary action as provided by this chapter, and
128	shall establish fees as provided by this chapter based on their
129	its estimates of the revenue required to administer this chapter
130	provided the fees do but shall not exceed the fee amounts
131	provided in this chapter. The department shall not adopt any
132	rules which would cause any person who was not licensed in
133	accordance with this chapter on July 1, 1959, and had not been a
134	resident of the state for 2 years prior to such date, to become
135	licensed.
136	Section 5.  Section 462.08, Florida Statutes, is amended to
137	read:
138	462.08  Renewal of license to practice naturopathic
139	medicine naturopathy.--Each licensee licenseholder shall
140	biennially renew her or his license to practice naturopathic
141	medicine naturopathy. The applicant must furnish to the board
142	department such evidence as it requires of the applicant's
143	compliance with s. 462.18, relating to educational requirements.
144	The biennial renewal fee, the amount of which shall be
145	determined by the board department but which may not exceed
146	$1,000, must be paid at the time the application for renewal of
147	the license is filed.
148	Section 6.  Section 462.11, Florida Statutes, is amended to
149	read:
150	462.11  Doctors of naturopathic medicine or naturopathic
151	physicians Naturopaths to observe regulations.--Doctors of
152	naturopathic medicine or naturopathic physicians naturopathy
153	shall observe and be subject to all state, county, and municipal
154	regulations in regard to the control of contagious and
155	infectious diseases, the reporting of births and deaths, and to
156	any and all other matters pertaining to the public health in the
157	same manner as is required of other practitioners of the healing
158	arts art.
159	Section 7.  Section 462.13, Florida Statutes, is amended to
160	read:
161	462.13  Additional powers and duties of the board and the
162	department.--The board and the department may administer oaths,
163	summon witnesses, and take testimony in all matters relating to
164	their its duties pursuant to this chapter. Every unrevoked
165	license shall be presumptive evidence in all courts and places
166	that the person therein named is legally licensed to practice
167	naturopathic medicine naturopathy. The board and the department
168	shall aid the prosecuting attorneys of the state in the
169	enforcement of this chapter.
170	Section 8.  Section 462.14, Florida Statutes, is amended to
171	read:
172	462.14  Grounds for disciplinary action; action by the
173	board and the department.--
174	(1)  The following acts constitute grounds for denial of a
175	license or disciplinary action, as specified in s. 456.072(2):
176	(a)  Attempting to obtain, obtaining, or renewing a license
177	to practice naturopathic medicine by bribery, by fraudulent
178	misrepresentation, or through an error of the department or the
179	board.
180	(b)  Having a license to practice naturopathic medicine
181	revoked, suspended, or otherwise acted against, including the
182	denial of licensure, by the licensing authority of another
183	state, territory, or country.
184	(c)  Being convicted or found guilty, regardless of
185	adjudication, of a crime in any jurisdiction which directly
186	relates to the practice of naturopathic medicine or to the
187	ability to practice naturopathic medicine. Any plea of nolo
188	contendere shall be considered a conviction for purposes of this
189	chapter.
190	(d)  False, deceptive, or misleading advertising.
191	(e)  Advertising, practicing, or attempting to practice
192	under a name other than one's own.
193	(f)  Failing to report to the department any person who the
194	licensee knows is in violation of this chapter or of the rules
195	of the department or the board.
196	(g)  Aiding, assisting, procuring, or advising any
197	unlicensed person to practice naturopathic medicine contrary to
198	this chapter or to a rule of the department or the board.
199	(h)  Failing to perform any statutory or legal obligation
200	placed upon a licensed doctor of naturopathic medicine or
201	naturopathic physician.
202	(i)  Making or filing a report which the licensee knows to
203	be false, intentionally or negligently failing to file a report
204	or record required by state or federal law, willfully impeding
205	or obstructing such filing or inducing another person to do so.
206	Such reports or records shall include only those which are
207	signed in the capacity as a licensed doctor of naturopathic
208	medicine or naturopathic physician.
209	(j)  Paying or receiving any commission, bonus, kickback,
210	or rebate, or engaging in any split-fee arrangement in any form
211	whatsoever with a physician, organization, agency, or person,
212	either directly or indirectly, for patients referred to
213	providers of health care goods and services, including, but not
214	limited to, hospitals, nursing homes, clinical laboratories,
215	ambulatory surgical centers, or pharmacies. The provisions of
216	this paragraph shall not be construed to prevent a doctor of
217	naturopathic medicine or naturopathic physician from receiving a
218	fee for professional consultation services.
219	(k)  Exercising influence within a patient-physician
220	relationship for purposes of engaging a patient in sexual
221	activity. A patient shall be presumed to be incapable of giving
222	free, full, and informed consent to sexual activity with her or
223	his physician.
224	(l)  Making deceptive, untrue, or fraudulent
225	representations in the practice of naturopathic medicine or
226	employing a trick or scheme in the practice of naturopathic
227	medicine when such scheme or trick fails to conform to the
228	generally prevailing standards of treatment in the medical
229	community.
230	(m)  Soliciting patients, either personally or through an
231	agent, through the use of fraud, intimidation, undue influence,
232	or a form of overreaching or vexatious conduct. A "solicitation"
233	is any communication which directly or implicitly requests an
234	immediate oral response from the recipient.
235	(n)  Failing to keep written medical records justifying the
236	course of treatment of the patient, including, but not limited
237	to, patient histories, examination results, test results, X
238	rays, and records of the prescribing, dispensing, and
239	administering of drugs.
240	(o)  Exercising influence on the patient or client in such
241	a manner as to exploit the patient or client for the financial
242	gain of the licensee or of a third party, which shall include,
243	but not be limited to, the promoting or selling of services,
244	goods, appliances, or drugs and the promoting or advertising on
245	any prescription form of a community pharmacy unless the form
246	also states "This prescription may be filled at any pharmacy of
247	your choice."
248	(p)  Performing professional services which have not been
249	duly authorized by the patient or client, or her or his legal
250	representative, except as provided in s. 743.064, s. 766.103, or
251	s. 768.13.
252	(q)  Prescribing, dispensing, administering, mixing, or
253	otherwise preparing a legend drug, including any controlled
254	substance, other than in the course of the doctor of
255	naturopathic medicine's or naturopathic physician's professional
256	practice. For the purposes of this paragraph, it shall be
257	legally presumed that prescribing, dispensing, administering,
258	mixing, or otherwise preparing legend drugs, including all
259	controlled substances, inappropriately or in excessive or
260	inappropriate quantities is not in the best interest of the
261	patient and is not in the course of the doctor of naturopathic
262	medicine's or naturopathic physician's professional practice,
263	without regard to her or his intent.
264	(r)  Prescribing, dispensing, or administering any
265	medicinal drug appearing on any schedule set forth in chapter
266	893 by the doctor of naturopathic medicine or naturopathic
267	physician to herself or himself, except one prescribed,
268	dispensed, or administered to the doctor of naturopathic
269	medicine or naturopathic physician by another practitioner
270	authorized to prescribe, dispense, or administer medicinal
271	drugs.
272	(s)  Being unable to practice naturopathic medicine with
273	reasonable skill and safety to patients by reason of illness or
274	use of alcohol, drugs, narcotics, chemicals, or any other type
275	of material or as a result of any mental or physical condition.
276	In enforcing this paragraph, the department shall have, upon
277	probable cause, authority to compel a doctor of naturopathic
278	medicine or naturopathic physician to submit to a mental or
279	physical examination by physicians designated by the department.
280	The failure of a doctor of naturopathic medicine or naturopathic
281	physician to submit to such an examination when so directed
282	shall constitute an admission of the allegations against her or
283	him upon which a default and final order may be entered without
284	the taking of testimony or presentation of evidence, unless the
285	failure was due to circumstances beyond the doctor of
286	naturopathic medicine's or naturopathic physician's control. A
287	doctor of naturopathic medicine or naturopathic physician
288	affected under this paragraph shall at reasonable intervals be
289	afforded an opportunity to demonstrate that she or he can resume
290	the competent practice of naturopathic medicine with reasonable
291	skill and safety to patients. In any proceeding under this
292	paragraph, neither the record of proceedings nor the orders
293	entered by the department may be used against a doctor of
294	naturopathic medicine or naturopathic physician in any other
295	proceeding.
296	(t)  Gross or repeated malpractice or the failure to
297	practice naturopathic medicine with that level of care, skill,
298	and treatment which is recognized by a reasonably prudent
299	similar physician as being acceptable under similar conditions
300	and circumstances. The board department shall give great weight
301	to the provisions of s. 766.102 when enforcing this paragraph.
302	(u)  Performing any procedure or prescribing any therapy
303	which, by the prevailing standards of medical practice in the
304	community, constitutes experimentation on a human subject,
305	without first obtaining full, informed, and written consent.
306	(v)  Practicing or offering to practice beyond the scope
307	permitted by law or accepting and performing professional
308	responsibilities which the licensee knows or has reason to know
309	that she or he is not competent to perform.
310	(w)  Delegating professional responsibilities to a person
311	when the licensee delegating such responsibilities knows or has
312	reason to know that such person is not qualified by training,
313	experience, or licensure to perform them.
314	(x)  Violating a lawful order of the department or the
315	board previously entered in a disciplinary hearing or failing to
316	comply with a lawfully issued subpoena of the department.
317	(y)  Conspiring with another licensee or with any other
318	person to commit an act, or committing an act, which would tend
319	to coerce, intimidate, or preclude another licensee from
320	lawfully advertising her or his services.
321	(z)  Procuring, or aiding or abetting in the procuring of,
322	an unlawful termination of pregnancy.
323	(aa)  Presigning blank prescription forms.
324	(bb)  Prescribing by the doctor of naturopathic medicine or
325	naturopathic physician for office use any medicinal drug
326	appearing on Schedule II in chapter 893.
327	(cc)  Prescribing, ordering, dispensing, administering,
328	supplying, selling, or giving any drug which is an amphetamine
329	or sympathomimetic amine drug, or a compound designated pursuant
330	to chapter 893 as a Schedule II controlled substance to or for
331	any person except for:
332	1.  The treatment of narcolepsy; hyperkinesis; behavioral
333	syndrome in children characterized by the developmentally
334	inappropriate symptoms of moderate to severe distractability,
335	short attention span, hyperactivity, emotional lability, and
336	impulsivity; or drug-induced brain dysfunction.
337	2.  The differential diagnostic psychiatric evaluation of
338	depression or the treatment of depression shown to be refractory
339	to other therapeutic modalities.
340	3.  The clinical investigation of the effects of such drugs
341	or compounds when an investigative protocol therefor is
342	submitted to, reviewed, and approved by the board department
343	before such investigation is begun.
344	(dd)  Prescribing, ordering, dispensing, administering,
345	supplying, selling, or giving growth hormones, testosterone or
346	its analogs, human chorionic gonadotropin (HCG), or other
347	hormones for the purpose of muscle building or to enhance
348	athletic performance. For the purposes of this subsection, the
349	term "muscle building" does not include the treatment of injured
350	muscle. A prescription written for the drug products listed
351	above may be dispensed by the pharmacist with the presumption
352	that the prescription is for legitimate medical use.
353	(ee)  Violating any provision of this chapter or chapter
354	456, or any rules adopted pursuant thereto.
355	(2)  The board department may enter an order denying
356	licensure or imposing any of the penalties in s. 456.072(2)
357	against any applicant for licensure or licensee who is found
358	guilty of violating any provision of subsection (1) of this
359	section or who is found guilty of violating any provision of s.
360	456.072(1).
361	(3)  The board department shall not reinstate the license
362	of a doctor of naturopathic medicine or naturopathic physician
363	until such time as the board department is satisfied that such
364	person has complied with all the terms and conditions set forth
365	in the final order and that such person is capable of safely
366	engaging in the practice of naturopathic medicine.
367	(4)  The board department shall by rule establish
368	guidelines for the disposition of disciplinary cases involving
369	specific types of violations. Such guidelines may include
370	minimum and maximum fines, periods of supervision or probation,
371	or conditions of probation or reissuance of a license.
372	Section 9.  Section 462.16, Florida Statutes, is amended to
373	read:
374	462.16  Reissue of license.--Any person who practices
375	naturopathic medicine shall practice naturopathy after her or
376	his license has been revoked and registration annulled shall be
377	deemed to have practiced naturopathic medicine naturopathy
378	without a license; provided, however, at any time after 6 months
379	after the date of said conviction, the department may grant a
380	license to the person affected, restoring to her or him all the
381	rights and privileges of and pertaining to the practice of
382	naturopathic medicine naturopathy as defined and regulated by
383	this chapter. The fee therefor shall be set by the board not to
384	exceed $250.
385	Section 10.  Section 462.17, Florida Statutes, is amended
386	to read:
387	462.17  Penalty for offenses relating to naturopathic
388	medicine naturopathy.--Any person who shall:
389	(1)  Sell, fraudulently obtain, or furnish any naturopathic
390	diploma, license, record, or registration or aid or abet in the
391	same;
392	(2)  Practice naturopathic medicine naturopathy under the
393	cover of any diploma, license, record, or registration illegally
394	or fraudulently obtained or secured or issued unlawfully or upon
395	fraudulent representations;
396	(3)  Advertise to practice naturopathic medicine
397	naturopathy under a name other than her or his own or under an
398	assumed name;
399	(4)  Falsely impersonate another practitioner of a like or
400	different name;
401	(5)  Practice or advertise to practice naturopathic
402	medicine naturopathy or use in connection with her or his name
403	any designation tending to imply or to designate the person as a
404	practitioner of naturopathic medicine naturopathy without then
405	being lawfully licensed and authorized to practice naturopathic
406	medicine naturopathy in this state; or
407	(6)  Practice naturopathic medicine naturopathy during the
408	time her or his license is suspended or revoked
409
410	commits shall be guilty of a felony of the third degree,
411	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
412	Section 11.  Section 462.18, Florida Statutes, is amended
413	to read:
414	462.18  Educational requirements.--
415	(1)  At the time each licensee shall renew her or his
416	license as otherwise provided in this chapter, each licensee,
417	beginning with the license renewal due May 1, 1944, in addition
418	to the payment of the regular renewal fee, shall furnish to the
419	board department satisfactory evidence that, in the year
420	preceding each such application for renewal, the licensee has
421	attended the 2-day educational program as promulgated and
422	conducted by the Florida Naturopathic Physicians Association,
423	Inc., or, as a substitute therefor, the equivalent of that
424	program as approved by the board department. The department
425	shall send a written notice to this effect to every person
426	holding a valid license to practice naturopathic medicine
427	naturopathy within this state at least 30 days prior to May 1 in
428	each biennial year, directed to the last known address of such
429	licensee, and shall enclose with the notice proper blank forms
430	for application for annual license renewal. All of the details
431	and requirements of the aforesaid educational program shall be
432	adopted and prescribed by the board department. In the event of
433	national emergencies, or for sufficient reason, the board may
434	department shall have the power to excuse the naturopathic
435	physicians as a group or as individuals from taking this
436	postgraduate course.
437	(2)  The determination of whether a substitute annual
438	educational program is necessary shall be solely within the
439	discretion of the board department.
440	Section 12.  Subsection (3) of section 462.19, Florida
441	Statutes, is amended to read:
442	462.19  Renewal of license; inactive status.--
443	(3)  A licensee may request that her or his license be
444	placed in an inactive status by making application to the
445	department and paying a fee in an amount set by the department
446	not to exceed $100 $50.
447	Section 13.  Section 462.193, Florida Statutes, is created
448	to read:
449	462.193  Licensure by examination; requirements; fees.--
450	(1)  Any person desiring to be licensed as a naturopathic
451	physician shall apply to the department on forms furnished by
452	the department. The department shall license each applicant who
453	the board certifies:
454	(a)  Has completed the application form and remitted a
455	nonrefundable application fee set by the board not to exceed
456	$500.
457	(b)  Is at least 21 years of age.
458	(c)  Is of good moral character.
459	(d)  Has not committed any act or offense in this or any
460	other jurisdiction which would constitute the basis for
461	disciplining a naturopathic physician pursuant to s. 462.14.
462	(e)  Meets one of the following naturopathic medical
463	education and postgraduate training requirements:
464	1.  Is a graduate of an approved school of naturopathic
465	medicine which is licensed by the Florida Commission for
466	Independent Education to grant the degree of Doctor of
467	Naturopathic Medicine;
468	2.  Is a graduate of a naturopathic medical school or a
469	naturopathic college recognized and approved by the Council on
470	Naturopathic Medical Education(CNME);
471	3.  Is a graduate of a naturopathic medical school that was
472	at the time licensed by a state board of education and approved
473	by that state's naturopathic licensure board, which has
474	requirements comparable to those of this state; or
475	4.  Is a graduate of an international medical school listed
476	by the World Health Organization (WHO) and deemed eligible by
477	the Educational Commission for Foreign Medical Graduates (ECFMG)
478	to be examined in the basic and clinical medical sciences, or a
479	graduate of an accredited United States allopathic or
480	osteopathic medical school, and has completed a 2-year course in
481	naturopathic medicine from a naturopathic medical school or a
482	naturopathic college recognized and approved by the Council on
483	Naturopathic Medical Education(CNME).
484	(f)  Has submitted to the department a set of fingerprints
485	on a form and in accordance with procedures specified by the
486	department, along with payment in an amount equal to the costs
487	incurred by the department for the criminal background check of
488	the applicant.
489	(g)  Has obtained on the examinations in basic medical and
490	clinical medical sciences a passing score, as established by
491	rule of the board, from one of the following:
492	1.  Naturopathic Physicians Licensing Examination (NPLEX),
493	administered by the North American Board of Naturopathic
494	Examiners (NABNE), with a converted score of not less than 75 on
495	all part one examinations and a converted score of not less than
496	75 on all part two examinations, or passage under the
497	compensatory model;
498	2.  Federation Licensing Examination (FLEX), medical
499	examination parts one and two, with a minimum score of 70 on
500	part one (basic medical sciences) and a minimum score of 75 on
501	part two (clinical medical sciences);
502	3.  United States Medical Licensing Examination (USMLE),
503	medical examination parts one and two, with a minimum score of
504	70 on part one (basic medical sciences) and a minimum score of
505	75 on part two (clinical medical sciences);
506	4.  State or national board examination for licensure in
507	another state which is comparable to the examination for
508	licensure in this state;
509	5.  A Department of Health special purpose examination
510	(SPEX) for applicants who are in unusual circumstances; or
511	6.  Comprehensive Osteopathic Medical Licensing Examination
512	(COMLEX), with a minimum score of 70 on part one (basic medical
513	sciences) and a minimum score of 75 on part two (clinical
514	medical sciences).
515	(h)  Has completed an approved internship or residency of
516	at least 1 year.
517	(i)  Is physically and mentally fit to practice as a doctor
518	of naturopathic medicine.
519	(j)  Has not had her or his license to practice any
520	profession refused, revoked, or suspended by any other state,
521	district, or territory of the United States or another country
522	for reasons that relate to her or his ability to skillfully and
523	safely practice as a doctor of naturopathic medicine or
524	naturopathic physician in this state.
525	(k)  Has not been found guilty of a felony.
526	(2)  As prescribed by board rule, the board may require an
527	applicant who does not pass the licensing examination after five
528	attempts to complete additional remedial education or training.
529	The board shall prescribe the additional requirements in a
530	manner that permits the applicant to complete the requirements
531	and be reexamined within 2 years after the date the applicant
532	petitions the board to retake the examination a sixth or
533	subsequent time.
534	(3)  The department and the board shall ensure that
535	applicants for licensure meet the criteria in subsection (1)
536	through an investigative process. When the investigation is not
537	completed within the time set out in s. 120.60(1) and the
538	department or board has reason to believe that the applicant
539	does not meet the criteria, the secretary or the secretary's
540	designee may issue a 90-day licensure delay, which must be in
541	writing and sufficient to notify the applicant of the reason for
542	the delay. This subsection controls over any conflicting
543	provisions of s. 120.60(1).
544	(4)  The board may not certify to the department for
545	licensure any applicant who is under investigation in another
546	jurisdiction for an offense that would constitute a violation of
547	this chapter until the investigation has been completed. Upon
548	completion of the investigation, s. 462.14 applies. Furthermore,
549	the department may not issue an unrestricted license to any
550	individual who has committed an act or offense in any
551	jurisdiction which would constitute the basis for disciplining a
552	naturopathic physician under s. 462.14. If the board finds that
553	an individual has committed an act or offense in any
554	jurisdiction which would constitute the basis for disciplining a
555	naturopathic physician under s. 462.14, the board may enter an
556	order imposing one or more of the sanctions set forth in
557	subsection (7).
558	(5)  Each applicant who meets the requirements of this
559	chapter shall be licensed as a doctor of naturopathic medicine
560	or naturopathic physician, with rights as defined by law.
561	(6)  Upon certification by the board, the department shall
562	impose conditions, limitations, or restrictions on a license if
563	the applicant is on probation in another jurisdiction for an act
564	that would constitute a violation of this chapter.
565	(7)  If the board determines that an applicant for
566	licensure has failed to meet, to the board's satisfaction, any
567	of the applicable requirements set forth in this section, it may
568	enter an order that imposes one or more of the following
569	sanctions:
570	(a)  Refusal to certify to the department an application
571	for licensure.
572	(b)  Certification to the department of an application for
573	licensure with restrictions on the scope of practice of the
574	doctor of naturopathic medicine or naturopathic physician.
575	(c)  Certification to the department of an application for
576	licensure with placement of the doctor of naturopathic medicine
577	or naturopathic physician on probation for a period of time and
578	subject to such conditions as the board specifies, including,
579	but not limited to, requiring the doctor of naturopathic
580	medicine or naturopathic physician to submit to treatment,
581	attend continuing education courses, submit to reexamination, or
582	work under the supervision of another doctor of naturopathic
583	medicine or naturopathic physician.
584	(8)  A physician who holds the doctor of medicine or doctor
585	of osteopathy degree, who has completed a 1-year internship
586	approved by the American Medical Association or the American
587	Osteopathic Association, and who is licensed under this section
588	as a doctor of naturopathic medicine or naturopathic physician
589	has rights and privileges equal to those of physicians licensed
590	under chapter 458 or chapter 459.
591	Section 14.  Section 462.195, Florida Statutes, is created
592	to read:
593	462.195  Exemptions from naturopathic licensure
594	requirements.--Licensure requirements for practitioners of
595	naturopathic medicine under this chapter are inapplicable to:
596	(1)  Any individual who is engaged in selling vitamins,
597	health foods, dietary supplements, herbs, or other products of
598	nature, the sale of which is not otherwise prohibited under
599	state or federal law. This exemption does not:
600	(a)  Allow a person to diagnose any human disease, ailment,
601	injury, infirmity, deformity, pain, or other condition; or
602	(b)  Prohibit providing information regarding any of the
603	products listed in this subsection, which information is
604	truthful and is not misleading.
605	(2)  Any individual who is:
606	(a)  Engaged in good faith in the practice of the religious
607	tenets of any church or religious belief, without the use of
608	prescription drugs; or
609	(b)  Acting in good faith for religious reasons as a matter
610	of conscience or on the basis of a personal belief when
611	obtaining or providing information regarding health care and the
612	use of any product.
613	(3)  Any individual who is administering a domestic or
614	family remedy.
615	Section 15.  Section 462.2001, Florida Statutes, is amended
616	to read:
617	462.2001  Saving clause.--All licenses to practice
618	naturopathic medicine naturopathy issued pursuant to this
619	chapter and valid on July 1, 2004 October 1, 1985, shall remain
620	in full force and effect.
621	Section 16.  Licensed doctors of naturopathic medicine or
622	naturopathic physicians (N.M.D.'s, N.D.'s, or N.P.'s) on the
623	effective date of this act shall retain the same rights and
624	privileges as they had before implementation of the amendments
625	to chapter 462, Florida Statutes, by this act.
626	Section 17.  Paragraph (g) of subsection (3) of section
627	20.43, Florida Statutes, is amended to read:
628	20.43  Department of Health.--There is created a Department
629	of Health.
630	(3)  The following divisions of the Department of Health
631	are established:
632	(g)  Division of Medical Quality Assurance, which is
633	responsible for the following boards and professions established
634	within the division:
635	1.  The Board of Acupuncture, created under chapter 457.
636	2.  The Board of Medicine, created under chapter 458.
637	3.  The Board of Osteopathic Medicine, created under
638	chapter 459.
639	4.  The Board of Chiropractic Medicine, created under
640	chapter 460.
641	5.  The Board of Podiatric Medicine, created under chapter
642	461.
643	6.  The Board of Naturopathic Medicine Naturopathy, created
644	as provided under chapter 462.
645	7.  The Board of Optometry, created under chapter 463.
646	8.  The Board of Nursing, created under part I of chapter
647	464.
648	9.  Nursing assistants, as provided under part II of
649	chapter 464.
650	10.  The Board of Pharmacy, created under chapter 465.
651	11.  The Board of Dentistry, created under chapter 466.
652	12.  Midwifery, as provided under chapter 467.
653	13.  The Board of Speech-Language Pathology and Audiology,
654	created under part I of chapter 468.
655	14.  The Board of Nursing Home Administrators, created
656	under part II of chapter 468.
657	15.  The Board of Occupational Therapy, created under part
658	III of chapter 468.
659	16.  Respiratory therapy, as provided under part V of
660	chapter 468.
661	17.  Dietetics and nutrition practice, as provided under
662	part X of chapter 468.
663	18.  The Board of Athletic Training, created under part
664	XIII of chapter 468.
665	19.  The Board of Orthotists and Prosthetists, created
666	under part XIV of chapter 468.
667	20.  Electrolysis, as provided under chapter 478.
668	21.  The Board of Massage Therapy, created under chapter
669	480.
670	22.  The Board of Clinical Laboratory Personnel, created
671	under part III of chapter 483.
672	23.  Medical physicists, as provided under part IV of
673	chapter 483.
674	24.  The Board of Opticianry, created under part I of
675	chapter 484.
676	25.  The Board of Hearing Aid Specialists, created under
677	part II of chapter 484.
678	26.  The Board of Physical Therapy Practice, created under
679	chapter 486.
680	27.  The Board of Psychology, created under chapter 490.
681	28.  School psychologists, as provided under chapter 490.
682	29.  The Board of Clinical Social Work, Marriage and Family
683	Therapy, and Mental Health Counseling, created under chapter
684	491.
685	Section 18.  Subsection (1) of section 381.0031, Florida
686	Statutes, is amended to read:
687	381.0031  Report of diseases of public health significance
688	to department.--
689	(1)  Any practitioner licensed in this state to practice
690	medicine, osteopathic medicine, chiropractic medicine,
691	naturopathic medicine naturopathy, or veterinary medicine; any
692	hospital licensed under part I of chapter 395; or any laboratory
693	licensed under chapter 483 that diagnoses or suspects the
694	existence of a disease of public health significance shall
695	immediately report the fact to the Department of Health.
696
697	This section does not affect s. 384.25.
698	Section 19.  Subsection (10) of section 468.301, Florida
699	Statutes, is amended to read:
700	468.301  Definitions.--As used in this part, the term:
701	(10)  "Licensed practitioner" means a person who is
702	licensed or otherwise authorized by law to practice medicine,
703	podiatric medicine, chiropody, osteopathic medicine,
704	naturopathic medicine naturopathy, or chiropractic medicine in
705	this state.
706	Section 20.  Subsection (1) of section 476.044, Florida
707	Statutes, is amended to read:
708	476.044  Exemptions.--This chapter does not apply to the
709	following persons when practicing pursuant to their professional
710	responsibilities and duties:
711	(1)  Persons authorized under the laws of this state to
712	practice medicine, surgery, osteopathic medicine, chiropractic
713	medicine, naturopathic medicine naturopathy, or podiatric
714	medicine;
715	Section 21.  Paragraph (a) of subsection (1) of section
716	477.0135, Florida Statutes, is amended to read:
717	477.0135  Exemptions.--
718	(1)  This chapter does not apply to the following persons
719	when practicing pursuant to their professional or occupational
720	responsibilities and duties:
721	(a)  Persons authorized under the laws of this state to
722	practice medicine, surgery, osteopathic medicine, chiropractic
723	medicine, massage, naturopathic medicine naturopathy, or
724	podiatric medicine.
725	Section 22.  Subsections (2) and (3) of section 485.003,
726	Florida Statutes, are amended to read:
727	485.003  Definitions.--In construing this chapter, the
728	words, phrases, or terms, unless the context otherwise
729	indicates, shall have the following meanings:
730	(2)  "Healing arts" shall mean the practice of medicine,
731	surgery, psychiatry, dentistry, osteopathic medicine,
732	chiropractic medicine, naturopathic medicine naturopathy,
733	podiatric medicine, chiropody, psychology, clinical social work,
734	marriage and family therapy, mental health counseling, and
735	optometry.
736	(3)  "Practitioner of the healing arts" shall mean a person
737	licensed under the laws of the state to practice medicine,
738	surgery, psychiatry, dentistry, osteopathic medicine,
739	chiropractic medicine, naturopathic medicine naturopathy,
740	podiatric medicine, chiropody, psychology, clinical social work,
741	marriage and family therapy, mental health counseling, or
742	optometry within the scope of his or her professional training
743	and competence and within the purview of the statutes applicable
744	to his or her respective profession, and who may refer a patient
745	for treatment by a qualified person, who shall employ hypnotic
746	techniques under the supervision, direction, prescription, and
747	responsibility of such referring practitioner.
748	Section 23.  Subsection (1) of section 486.161, Florida
749	Statutes, is amended to read:
750	486.161  Exemptions.--
751	(1)  No provision of this chapter shall be construed to
752	prohibit any person licensed in this state from using any
753	physical agent as a part of, or incidental to, the lawful
754	practice of her or his profession under the statutes applicable
755	to the profession of chiropractic physician, podiatric
756	physician, doctor of medicine, massage therapist, nurse,
757	osteopathic physician or surgeon, occupational therapist, or
758	naturopathic physician naturopath.
759	Section 24.  Paragraph (h) of subsection (4) of section
760	627.351, Florida Statutes, is amended to read:
761	627.351  Insurance risk apportionment plans.--
762	(4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--
763	(h)  As used in this subsection:
764	1.  "Health care provider" means hospitals licensed under
765	chapter 395; physicians licensed under chapter 458; osteopathic
766	physicians licensed under chapter 459; podiatric physicians
767	licensed under chapter 461; dentists licensed under chapter 466;
768	chiropractic physicians licensed under chapter 460; naturopathic
769	physicians naturopaths licensed under chapter 462; nurses
770	licensed under part I of chapter 464; midwives licensed under
771	chapter 467; clinical laboratories registered under chapter 483;
772	physician assistants licensed under chapter 458 or chapter 459;
773	physical therapists and physical therapist assistants licensed
774	under chapter 486; health maintenance organizations certificated
775	under part I of chapter 641; ambulatory surgical centers
776	licensed under chapter 395; other medical facilities as defined
777	in subparagraph 2.; blood banks, plasma centers, industrial
778	clinics, and renal dialysis facilities; or professional
779	associations, partnerships, corporations, joint ventures, or
780	other associations for professional activity by health care
781	providers.
782	2.  "Other medical facility" means a facility the primary
783	purpose of which is to provide human medical diagnostic services
784	or a facility providing nonsurgical human medical treatment, to
785	which facility the patient is admitted and from which facility
786	the patient is discharged within the same working day, and which
787	facility is not part of a hospital. However, a facility existing
788	for the primary purpose of performing terminations of pregnancy
789	or an office maintained by a physician or dentist for the
790	practice of medicine shall not be construed to be an "other
791	medical facility."
792	3.  "Health care facility" means any hospital licensed
793	under chapter 395, health maintenance organization certificated
794	under part I of chapter 641, ambulatory surgical center licensed
795	under chapter 395, or other medical facility as defined in
796	subparagraph 2.
797	Section 25.  Subsection (19) of section 893.02, Florida
798	Statutes, is amended to read:
799	893.02  Definitions.--The following words and phrases as
800	used in this chapter shall have the following meanings, unless
801	the context otherwise requires:
802	(19)  "Practitioner" means a physician licensed pursuant to
803	chapter 458, a dentist licensed pursuant to chapter 466, a
804	veterinarian licensed pursuant to chapter 474, an osteopathic
805	physician licensed pursuant to chapter 459, a naturopathic
806	physician naturopath licensed pursuant to chapter 462, or a
807	podiatric physician licensed pursuant to chapter 461, provided
808	such practitioner holds a valid federal controlled substance
809	registry number.
810	Section 26.  Paragraph (g) of subsection (3) of section
811	921.0022, Florida Statutes, is amended to read:
812	921.0022  Criminal Punishment Code; offense severity
813	ranking chart.--
814	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
815
	(g)  LEVEL 7
816
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
817
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
818
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
819
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
820
	409.920(2) 3rd Medicaid provider fraud.
821
	456.065(2) 3rd Practicing a health care profession without a license.
822
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
823
	458.327(1) 3rd Practicing medicine without a license.
824
	459.013(1) 3rd Practicing osteopathic medicine without a license.
825
	460.411(1) 3rd Practicing chiropractic medicine without a license.
826
	461.012(1) 3rd Practicing podiatric medicine without a license.
827
	462.17 3rd Practicing naturopathic medicine naturopathy without a license.
828
	463.015(1) 3rd Practicing optometry without a license.
829
	464.016(1) 3rd Practicing nursing without a license.
830
	465.015(2) 3rd Practicing pharmacy without a license.
831
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
832
	467.201 3rd Practicing midwifery without a license.
833
	468.366 3rd Delivering respiratory care services without a license.
834
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
835
	483.901(9) 3rd Practicing medical physics without a license.
836
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
837
	484.053 3rd Dispensing hearing aids without a license.
838
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
839
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
840
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
841
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
842
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
843
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
844
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
845
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
846
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
847
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
848
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
849
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
850
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
851
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
852
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
853
	784.081(1) 1st Aggravated battery on specified official or employee.
854
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
855
	784.083(1) 1st Aggravated battery on code inspector.
856
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
857
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
858
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
859
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
860
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
861
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
862
	796.03 2nd Procuring any person under 16 years for prostitution.
863
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
864
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
865
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
866
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
867
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
868
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
869
	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
870
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
871
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
872
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
873
	812.131(2)(a) 2nd Robbery by sudden snatching.
874
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
875
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
876
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
877
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
878
	817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
879
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
880
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
881
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
882
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
883
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
884
	838.015 2nd Bribery.
885
	838.016 2nd Unlawful compensation or reward for official behavior.
886
	838.021(3)(a) 2nd Unlawful harm to a public servant.
887
	838.22 2nd Bid tampering.
888
	872.06 2nd Abuse of a dead human body.
889
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
890
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
891
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
892
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
893
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
894
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
895
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
896
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
897
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
898
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
899
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
900
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
901
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
902
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
903
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
904
905	Section 27.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.