| 1 | A bill to be entitled |
| 2 | An act relating to specialty nursing; amending s. 464.003, |
| 3 | F.S.; defining the terms "clinical nurse specialist |
| 4 | practice" and "clinical nurse specialist"; redefining the |
| 5 | term "advanced registered nurse practitioner" to include |
| 6 | certain anesthetists, midwives, practitioners, and |
| 7 | specialists; creating s. 464.0115, F.S.; providing |
| 8 | requirements for certification as a clinical nurse |
| 9 | specialist; providing fees; authorizing the Board of |
| 10 | Nursing to adopt rules; amending s. 464.012, F.S.; adding |
| 11 | clinical nurse specialist to the classifications of |
| 12 | advanced registered nurse practitioners; conforming a |
| 13 | cross reference; creating s. 464.0125, F.S.; requiring |
| 14 | advanced registered nurse practitioners to register with |
| 15 | the Board of Nursing to prescribe medicinal drugs, |
| 16 | including controlled substances; providing requirements |
| 17 | for registration and renewal of registration, including |
| 18 | continuing education; providing fees; prohibiting |
| 19 | prescription of controlled substances for personal use or |
| 20 | the use of immediate family members; providing for |
| 21 | disciplinary actions; authorizing the board to adopt |
| 22 | rules; amending s. 464.015, F.S.; restricting the use of |
| 23 | professional titles and abbreviations relating to clinical |
| 24 | nurse specialist, certified registered nurse anesthetist, |
| 25 | and certified nurse midwife; providing penalties; amending |
| 26 | s. 464.016, F.S.; prohibiting the use of any name or title |
| 27 | stating or implying that a person is a clinical nurse |
| 28 | specialist, certified registered nurse anesthetist, or |
| 29 | certified nurse midwife unless the person is licensed or |
| 30 | certified; providing penalties; amending s. 893.02, F.S.; |
| 31 | redefining the term "practitioner" under the Florida |
| 32 | Comprehensive Drug Abuse Prevention and Control Act to |
| 33 | include certain advanced registered nurse practitioners; |
| 34 | reenacting s. 921.0022(3)(g), F.S., relating to the |
| 35 | offense severity ranking chart of the Criminal Punishment |
| 36 | Code, to incorporate the amendment to s. 464.016, F.S., in |
| 37 | a reference thereto; amending s. 458.348, F.S.; conforming |
| 38 | cross references; providing an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Section 464.003, Florida Statutes, is amended |
| 43 | to read: |
| 44 | 464.003 Definitions.--As used in this part, the term: |
| 45 | (1) "Department" means the Department of Health. |
| 46 | (2) "Board" means the Board of Nursing. |
| 47 | (3)(a) "Practice of professional nursing" means the |
| 48 | performance of those acts requiring substantial specialized |
| 49 | knowledge, judgment, and nursing skill based upon applied |
| 50 | principles of psychological, biological, physical, and social |
| 51 | sciences which shall include, but not be limited to: |
| 52 | 1. The observation, assessment, nursing diagnosis, |
| 53 | planning, intervention, and evaluation of care; health teaching |
| 54 | and counseling of the ill, injured, or infirm; and the promotion |
| 55 | of wellness, maintenance of health, and prevention of illness of |
| 56 | others. |
| 57 | 2. The administration of medications and treatments as |
| 58 | prescribed or authorized by a duly licensed practitioner |
| 59 | authorized by the laws of this state to prescribe such |
| 60 | medications and treatments. |
| 61 | 3. The supervision and teaching of other personnel in the |
| 62 | theory and performance of any of the above acts. |
| 63 | (b) "Practice of practical nursing" means the performance |
| 64 | of selected acts, including the administration of treatments and |
| 65 | medications, in the care of the ill, injured, or infirm and the |
| 66 | promotion of wellness, maintenance of health, and prevention of |
| 67 | illness of others under the direction of a registered nurse, a |
| 68 | licensed physician, a licensed osteopathic physician, a licensed |
| 69 | podiatric physician, or a licensed dentist. |
| 70 |
|
| 71 | The professional nurse and the practical nurse shall be |
| 72 | responsible and accountable for making decisions that are based |
| 73 | upon the individual's educational preparation and experience in |
| 74 | nursing. |
| 75 | (c) "Clinical nurse specialist practice" means the |
| 76 | delivery and management of expert-level nursing care to |
| 77 | individuals or groups, including the ability to: |
| 78 | 1. Assess the health status of individuals and families |
| 79 | using methods appropriate to the population and area of |
| 80 | practice. |
| 81 | 2. Diagnose human responses to actual or potential health |
| 82 | problems. |
| 83 | 3. Plan for health promotion, disease prevention, and |
| 84 | therapeutic intervention in collaboration with the patient or |
| 85 | client. |
| 86 | 4. Implement therapeutic interventions based on the nurse |
| 87 | specialist's area of expertise, including, but not limited to, |
| 88 | direct nursing care, counseling, teaching, and collaboration |
| 89 | with other licensed health care providers. |
| 90 | 5. Coordinate health care as necessary and appropriate and |
| 91 | evaluate with the patient or client the effectiveness of care. |
| 92 | (d)(c) "Advanced or specialized nursing practice" means, |
| 93 | in addition to the practice of professional nursing, the |
| 94 | performance of advanced-level nursing acts approved by the board |
| 95 | which, by virtue of postbasic specialized education, training, |
| 96 | and experience, are proper to be performed by an advanced |
| 97 | registered nurse practitioner. Within the context of advanced |
| 98 | or specialized nursing practice, the advanced registered nurse |
| 99 | practitioner may perform acts of nursing diagnosis and nursing |
| 100 | treatment of alterations of the health status. The advanced |
| 101 | registered nurse practitioner may also perform acts of medical |
| 102 | diagnosis and treatment, prescription, and operation which are |
| 103 | identified and approved by a joint committee composed of three |
| 104 | members appointed by the Board of Nursing, two of whom shall be |
| 105 | advanced registered nurse practitioners; three members appointed |
| 106 | by the Board of Medicine, two of whom shall have had work |
| 107 | experience with advanced registered nurse practitioners; and the |
| 108 | secretary of the department or the secretary's designee. Each |
| 109 | committee member appointed by a board shall be appointed to a |
| 110 | term of 4 years unless a shorter term is required to establish |
| 111 | or maintain staggered terms. The Board of Nursing shall adopt |
| 112 | rules authorizing the performance of any such acts approved by |
| 113 | the joint committee. Unless otherwise specified by the joint |
| 114 | committee, such acts shall be performed under the general |
| 115 | supervision of a practitioner licensed under chapter 458, |
| 116 | chapter 459, or chapter 466 within the framework of standing |
| 117 | protocols which identify the medical acts to be performed and |
| 118 | the conditions for their performance. The department may, by |
| 119 | rule, require that a copy of the protocol be filed with the |
| 120 | department along with the notice required by s. 458.348. |
| 121 | (e)(d) "Nursing diagnosis" means the observation and |
| 122 | evaluation of physical or mental conditions, behaviors, signs |
| 123 | and symptoms of illness, and reactions to treatment and the |
| 124 | determination as to whether such conditions, signs, symptoms, |
| 125 | and reactions represent a deviation from normal. |
| 126 | (f)(e) "Nursing treatment" means the establishment and |
| 127 | implementation of a nursing regimen for the care and comfort of |
| 128 | individuals, the prevention of illness, and the education, |
| 129 | restoration, and maintenance of health. |
| 130 | (4) "Registered nurse" means any person licensed in this |
| 131 | state to practice professional nursing. |
| 132 | (5) "Licensed practical nurse" means any person licensed |
| 133 | in this state to practice practical nursing. |
| 134 | (6) "Clinical nurse specialist" means any person licensed |
| 135 | in this state to practice professional nursing and certified in |
| 136 | clinical nurse specialist practice. |
| 137 | (7)(6) "Advanced registered nurse practitioner" means any |
| 138 | person licensed in this state to practice professional nursing |
| 139 | and certified in advanced or specialized nursing practice, |
| 140 | including certified registered nurse anesthetists, certified |
| 141 | nurse midwives, nurse practitioners, and clinical nurse |
| 142 | specialists. |
| 143 | (8)(7) "Approved program" means a nursing program |
| 144 | conducted in a school, college, or university which is approved |
| 145 | by the board pursuant to s. 464.019 for the education of nurses. |
| 146 | Section 2. Section 464.0115, Florida Statutes, is created |
| 147 | to read: |
| 148 | 464.0115 Certification of clinical nurse specialists.-- |
| 149 | (1) Any nurse desiring to be certified as a clinical nurse |
| 150 | specialist shall apply to the department and submit proof that |
| 151 | he or she holds a current license to practice professional |
| 152 | nursing, a master's degree in a clinical nursing specialty, and |
| 153 | current certification in a specialty area as a clinical nurse |
| 154 | specialist from a nationally recognized certifying body as |
| 155 | determined by the board. |
| 156 | (2) The board shall certify, and the department shall |
| 157 | issue a certificate to, any nurse fulfilling the qualifications |
| 158 | in this section. The board shall establish an application fee |
| 159 | not to exceed $25 and a biennial renewal fee not to exceed $10. |
| 160 | (3) The board may adopt rules pursuant to ss. 120.536(1) |
| 161 | and 120.54 necessary to administer this section. |
| 162 | Section 3. Subsections (2) and (3) of section 464.012, |
| 163 | Florida Statutes, are amended to read: |
| 164 | 464.012 Certification of advanced registered nurse |
| 165 | practitioners; fees.-- |
| 166 | (2) The board shall provide by rule the appropriate |
| 167 | requirements for advanced registered nurse practitioners in the |
| 168 | categories of certified registered nurse anesthetist, certified |
| 169 | nurse midwife, and nurse practitioner, and clinical nurse |
| 170 | specialist. |
| 171 | (3) An advanced registered nurse practitioner shall |
| 172 | perform those functions authorized in this section within the |
| 173 | framework of an established protocol. A practitioner currently |
| 174 | licensed under chapter 458, chapter 459, or chapter 466 shall |
| 175 | maintain supervision for directing the specific course of |
| 176 | medical treatment. Within the established framework, an advanced |
| 177 | registered nurse practitioner may: |
| 178 | (a) Monitor and alter drug therapies. |
| 179 | (b) Initiate appropriate therapies for certain conditions. |
| 180 | (c) Perform additional functions as may be determined by |
| 181 | rule in accordance with s. 464.003(3)(d) s. 464.003(3)(c). |
| 182 | (d) Order diagnostic tests and physical and occupational |
| 183 | therapy. |
| 184 | Section 4. Section 464.0125, Florida Statutes, is created |
| 185 | to read: |
| 186 | 464.0125 Registration of advanced registered nurse |
| 187 | practitioners to prescribe medicinal drugs.-- |
| 188 | (1) Any advanced registered nurse practitioner certified |
| 189 | pursuant to s. 464.012 must register with the board in |
| 190 | accordance with this section to prescribe medicinal drugs. |
| 191 | (2) To register to prescribe medicinal drugs, an advanced |
| 192 | registered nurse practitioner must: |
| 193 | (a) Possess an active and unrestricted license and be |
| 194 | certified as an advanced registered nurse practitioner. |
| 195 | (b)1. Possess an active and current certification by an |
| 196 | appropriate specialty board; or |
| 197 | 2. Submit documentation to the board demonstrating that |
| 198 | the advanced registered nurse practitioner has been prescribing |
| 199 | medicinal drugs for a period of at least 12 months before |
| 200 | registering as a prescribing practitioner. |
| 201 | (c)1. Submit documentation to the board demonstrating that |
| 202 | the advanced registered nurse practitioner has completed at |
| 203 | least 16 contact hours of approved continuing education in |
| 204 | pharmacology during the past 2 years, in addition to the |
| 205 | continuing education required for licensure renewal; or |
| 206 | 2. Submit documentation to the board demonstrating that |
| 207 | the advanced registered nurse practitioner has been prescribing |
| 208 | medicinal drugs for a period of at least 12 months before |
| 209 | registering as a prescribing practitioner. |
| 210 | (d) Submit a copy of the protocol between the advanced |
| 211 | registered nurse practitioner and supervising physician which |
| 212 | complies with board rules, identifies the categories of |
| 213 | medicinal drugs that the advanced registered nurse practitioner |
| 214 | is authorized to prescribe, and requires as an element of |
| 215 | general supervision that the advanced registered nurse |
| 216 | practitioner confer with the supervising physician to review and |
| 217 | discuss patient care, prescribed treatments and medications, and |
| 218 | care outcomes. The board may by rule establish minimum |
| 219 | requirements for this conference. The supervising physician or |
| 220 | another physician designated by the supervising physician must |
| 221 | be available for consultation and collaboration with the |
| 222 | advanced registered nurse practitioner at all times, by phone or |
| 223 | other electronic means. The protocol must include a quality |
| 224 | assurance procedure. The board may by rule establish minimum |
| 225 | requirements for the quality assurance procedure to be included |
| 226 | in the protocol. The protocol must be filed with the initial |
| 227 | application for registration under this section, with the |
| 228 | application for renewal of license, and at any time there is a |
| 229 | change in the protocol or of any party to the protocol. For |
| 230 | purposes of this section, the supervising physician must have a |
| 231 | current and unrestricted license to practice medicine pursuant |
| 232 | to chapter 458 or osteopathic medicine pursuant to chapter 459, |
| 233 | a primary practice location in this state, and a current and |
| 234 | unrestricted federal Drug Enforcement Administration |
| 235 | registration number. |
| 236 | (e) Agree to maintain adequate medical records pursuant to |
| 237 | board rule which include evidence of a patient history and |
| 238 | physical examination and, at a minimum, the following |
| 239 | information about each prescription for a medicinal drug: |
| 240 | 1. Drug name and strength. |
| 241 | 2. Dose. |
| 242 | 3. Amount prescribed. |
| 243 | 4. Directions for use. |
| 244 | 5. Number of refills. |
| 245 | 6. The signature of the prescribing practitioner. |
| 246 | (f) Submit a completed registration form and remit a fee |
| 247 | set by the board not to exceed $75. |
| 248 | (3) To prescribe controlled substances, an advanced |
| 249 | registered nurse practitioner must: |
| 250 | (a) Possess a valid midlevel practitioner registration |
| 251 | issued by the federal Drug Enforcement Administration. |
| 252 | (b) Submit documentation to the board demonstrating that |
| 253 | the advanced registered nurse practitioner has completed an |
| 254 | approved course in legal and clinical aspects of prescribing |
| 255 | controlled substances of not less than 3 contact hours. |
| 256 | (c) Identify, as part of the protocol between the advanced |
| 257 | registered nurse practitioner and supervising physician, the |
| 258 | schedules of controlled substances that the advanced registered |
| 259 | nurse practitioner is authorized to prescribe. |
| 260 | (d) Complete at least 2 contact hours of approved |
| 261 | continuing education in the prescribing of controlled substances |
| 262 | during each 2-year licensure period, in addition to the |
| 263 | continuing education required for licensure renewal. This |
| 264 | continuing education may be part of the 16 hours of continuing |
| 265 | education required pursuant to subsection (4). |
| 266 | (4) To register or renew registration to prescribe |
| 267 | medicinal drugs, an advanced registered nurse practitioner must |
| 268 | complete at least 16 contact hours of approved continuing |
| 269 | education in pharmacology during each 2-year licensure period, |
| 270 | in addition to the continuing education required for licensure |
| 271 | renewal. |
| 272 | (5) The board shall provide by rule for biennial renewal |
| 273 | of registration and a renewal fee not to exceed $25. |
| 274 | (6) Advanced registered nurse practitioners who are |
| 275 | certified as certified registered nurse anesthetists pursuant to |
| 276 | s. 464.012 are not required to register under this section to |
| 277 | provide anesthesia care in accordance with s. 464.012(4). |
| 278 | (7) An advanced registered nurse practitioner who |
| 279 | registers to prescribe controlled substances may not prescribe |
| 280 | controlled substances for personal use or use by any member of |
| 281 | the advanced registered nurse practitioner's immediate family. |
| 282 | (8) The board may limit, suspend, or revoke an advanced |
| 283 | registered nurse practitioner's registration to prescribe under |
| 284 | this section in accordance with the provisions of s. 456.073. |
| 285 | (9) The board may adopt rules pursuant to ss. 120.536(1) |
| 286 | and 120.54 to administer this section. |
| 287 | Section 5. Section 464.015, Florida Statutes, is amended |
| 288 | to read: |
| 289 | 464.015 Titles and abbreviations; restrictions; penalty.-- |
| 290 | (1) Only persons who hold licenses to practice |
| 291 | professional nursing in this state or who are performing nursing |
| 292 | services pursuant to the exception set forth in s. 464.022(8) |
| 293 | may shall have the right to use the title "Registered Nurse" and |
| 294 | the abbreviation "R.N." |
| 295 | (2) Only persons who hold licenses to practice as licensed |
| 296 | practical nurses in this state or who are performing practical |
| 297 | nursing services pursuant to the exception set forth in s. |
| 298 | 464.022(8) may shall have the right to use the title "Licensed |
| 299 | Practical Nurse" and the abbreviation "L.P.N." |
| 300 | (3) Only persons who are graduates of approved programs or |
| 301 | the equivalent may use the term "Graduate Nurse" and the |
| 302 | abbreviation "G.N.," pending the results of the first licensure |
| 303 | examination for which they are eligible. |
| 304 | (4) Only persons who are graduates of approved programs or |
| 305 | the equivalent may use the term "Graduate Practical Nurse" and |
| 306 | the abbreviation "G.P.N.," pending the results of the first |
| 307 | licensure examination for which they are eligible. |
| 308 | (5) Only persons who hold valid certificates to practice |
| 309 | as clinical nurse specialists in this state may use the title |
| 310 | "Clinical Nurse Specialist" and the abbreviation "C.N.S." |
| 311 | (6) Only persons who hold valid certificates to practice |
| 312 | as certified registered nurse anesthetists in this state may use |
| 313 | the title "Certified Registered Nurse Anesthetist" and the |
| 314 | abbreviations "C.R.N.A." or "anesthetist." |
| 315 | (7) Only persons who hold valid certificates to practice |
| 316 | as certified nurse midwives in this state may use the title |
| 317 | "Certified Nurse Midwife" and the abbreviations "C.N.S." or |
| 318 | "nurse midwife." |
| 319 | (8)(5) Only persons who hold valid certificates to |
| 320 | practice as advanced registered nurse practitioners in this |
| 321 | state may shall have the right to use the title "Advanced |
| 322 | Registered Nurse Practitioner" and the abbreviation "A.R.N.P." |
| 323 | (9)(6) A No person may not shall practice or advertise as, |
| 324 | or assume the title of, registered nurse, licensed practical |
| 325 | nurse, clinical nurse specialist, certified registered nurse |
| 326 | anesthetist, certified nurse midwife, or advanced registered |
| 327 | nurse practitioner or use the abbreviation "R.N.," "L.P.N.," |
| 328 | "C.N.S.," "C.R.N.A.," "C.N.M.," or "A.R.N.P." or take any other |
| 329 | action that would lead the public to believe that person was |
| 330 | certified as such or is performing nursing services pursuant to |
| 331 | the exception set forth in s. 464.022(8), unless that person is |
| 332 | licensed or certified to practice as such. |
| 333 | (10)(7) A violation of this section is a misdemeanor of |
| 334 | the first degree, punishable as provided in s. 775.082 or s. |
| 335 | 775.083. |
| 336 | Section 6. Section 464.016, Florida Statutes, is amended |
| 337 | to read: |
| 338 | 464.016 Violations and penalties.-- |
| 339 | (1) Each of the following acts constitutes a felony of the |
| 340 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 341 | or s. 775.084: |
| 342 | (a) Practicing advanced or specialized, professional, or |
| 343 | practical nursing, as defined in this part, unless holding an |
| 344 | active license or certificate to do so. |
| 345 | (b) Using or attempting to use a license or certificate |
| 346 | which has been suspended or revoked. |
| 347 | (c) Knowingly employing unlicensed persons in the practice |
| 348 | of nursing. |
| 349 | (d) Obtaining or attempting to obtain a license or |
| 350 | certificate under this part by misleading statements or knowing |
| 351 | misrepresentation. |
| 352 | (2) Each of the following acts constitutes a misdemeanor |
| 353 | of the first degree, punishable as provided in s. 775.082 or s. |
| 354 | 775.083: |
| 355 | (a) Using the name or title "Nurse," "Registered Nurse," |
| 356 | "Licensed Practical Nurse," "Clinical Nurse Specialist," |
| 357 | "Certified Registered Nurse Anesthetist," "Certified Nurse |
| 358 | Midwife," "Advanced Registered Nurse Practitioner," or any other |
| 359 | name or title which implies that a person was licensed or |
| 360 | certified as same, unless such person is duly licensed or |
| 361 | certified. |
| 362 | (b) Knowingly concealing information relating to |
| 363 | violations of this part. |
| 364 | Section 7. Subsection (19) of section 893.02, Florida |
| 365 | Statutes, is amended to read: |
| 366 | 893.02 Definitions.--The following words and phrases as |
| 367 | used in this chapter shall have the following meanings, unless |
| 368 | the context otherwise requires: |
| 369 | (19) "Practitioner" means a physician licensed pursuant to |
| 370 | chapter 458, a dentist licensed pursuant to chapter 466, a |
| 371 | veterinarian licensed pursuant to chapter 474, an osteopathic |
| 372 | physician licensed pursuant to chapter 459, a naturopath |
| 373 | licensed pursuant to chapter 462, or a podiatric physician |
| 374 | licensed pursuant to chapter 461, provided such practitioner |
| 375 | holds a valid federal controlled substance registry number. The |
| 376 | term includes an advanced registered nurse practitioner |
| 377 | certified pursuant to s. 464.012 who holds a valid controlled |
| 378 | substance registry number for midlevel practitioners and who is |
| 379 | registered to prescribe controlled substances under s. 464.0125. |
| 380 | Section 8. For the purpose of incorporating the amendment |
| 381 | to section 464.016, Florida Statutes, in a reference thereto, |
| 382 | paragraph (g) of subsection (3) of section 921.0022, Florida |
| 383 | Statutes, is reenacted to read: |
| 384 | 921.0022 Criminal Punishment Code; offense severity |
| 385 | ranking chart.-- |
| 386 | (3) OFFENSE SEVERITY RANKING CHART |
| | |
| 387 |
|
| | |
| 388 |
|
| | |
| 389 |
|
| | | 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
| 390 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 391 |
|
| | | 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 392 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 393 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 394 |
|
| | | 409.920(2) | 3rd | Medicaid provider fraud. |
|
| 395 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 396 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 397 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 398 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 399 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 400 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 401 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 402 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 403 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 404 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 405 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 406 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 407 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 408 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 409 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 410 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 411 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 412 |
|
| | | 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. |
|
| 413 |
|
| | | 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
| 414 |
|
| | | 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 415 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 416 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 417 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 418 |
|
| | | 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 419 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 420 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 421 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 422 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 423 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 424 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 425 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 426 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 427 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 428 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 429 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 430 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 431 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 432 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 433 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 434 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 435 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 436 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 437 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 438 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 439 |
|
| | | 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. |
|
| 440 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 441 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 442 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 443 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 444 |
|
| | | 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
| 445 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 446 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 447 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 448 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 449 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 450 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 451 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 452 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 453 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 454 |
|
| | | 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. |
|
| 455 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 456 |
|
| | | 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. |
|
| 457 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 458 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 459 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 460 |
|
| | |
| 461 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 462 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 463 |
|
| | |
| 464 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 465 |
|
| | | 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. |
|
| 466 |
|
| | | 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. |
|
| 467 |
|
| | | 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). |
|
| 468 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 469 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 470 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 471 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 472 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 473 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 474 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 475 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 476 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 477 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 478 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 479 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 480 |
|
| 481 | Section 9. Paragraph (a) of subsection (1) and subsection |
| 482 | (2) of section 458.348, Florida Statutes, are amended to read: |
| 483 | 458.348 Formal supervisory relationships, standing orders, |
| 484 | and established protocols; notice; standards.-- |
| 485 | (1) NOTICE.-- |
| 486 | (a) When a physician enters into a formal supervisory |
| 487 | relationship or standing orders with an emergency medical |
| 488 | technician or paramedic licensed pursuant to s. 401.27, which |
| 489 | relationship or orders contemplate the performance of medical |
| 490 | acts, or when a physician enters into an established protocol |
| 491 | with an advanced registered nurse practitioner, which protocol |
| 492 | contemplates the performance of medical acts identified and |
| 493 | approved by the joint committee pursuant to s. 464.003(3)(d) s. |
| 494 | 464.003(3)(c) or acts set forth in s. 464.012(3) and (4), the |
| 495 | physician shall submit notice to the board. The notice shall |
| 496 | contain a statement in substantially the following form: |
| 497 |
|
| 498 | I, ...(name and professional license number of |
| 499 | physician)..., of ...(address of physician)... have hereby |
| 500 | entered into a formal supervisory relationship, standing orders, |
| 501 | or an established protocol with ...(number of persons)... |
| 502 | emergency medical technician(s), ...(number of persons)... |
| 503 | paramedic(s), or ...(number of persons)... advanced registered |
| 504 | nurse practitioner(s). |
| 505 |
|
| 506 | (2) ESTABLISHMENT OF STANDARDS BY JOINT COMMITTEE.--The |
| 507 | joint committee created under s. 464.003(3)(d) by s. |
| 508 | 464.003(3)(c) shall determine minimum standards for the content |
| 509 | of established protocols pursuant to which an advanced |
| 510 | registered nurse practitioner may perform medical acts |
| 511 | identified and approved by the joint committee pursuant to s. |
| 512 | 464.003(3)(d) s. 464.003(3)(c) or acts set forth in s. |
| 513 | 464.012(3) and (4) and shall determine minimum standards for |
| 514 | supervision of such acts by the physician, unless the joint |
| 515 | committee determines that any act set forth in s. 464.012(3) or |
| 516 | (4) is not a medical act. Such standards shall be based on risk |
| 517 | to the patient and acceptable standards of medical care and |
| 518 | shall take into account the special problems of medically |
| 519 | underserved areas. The standards developed by the joint |
| 520 | committee shall be adopted as rules by the Board of Nursing and |
| 521 | the Board of Medicine for purposes of carrying out their |
| 522 | responsibilities pursuant to part I of chapter 464 and this |
| 523 | chapter, respectively, but neither board shall have disciplinary |
| 524 | powers over the licensees of the other board. |
| 525 | Section 10. This act shall take effect July 1, 2005. |