Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2556
Barcode 592718
CHAMBER ACTION
Senate House
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11 The Committee on Health Care (Fasano) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 24, between lines 21 and 22,
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17 and insert:
18 Section 16. Section 462.30, Florida Statutes, is
19 created to read:
20 462.30 Naturopathic Medical Formulary Council.--
21 (1) The Naturopathic Medical Formulary Council is
22 established separately and distinctly from the board, to be
23 composed of seven members. Two members shall be doctors of
24 naturopathic medicine, naturopathic doctors, or naturopathic
25 physicians licensed under this chapter, appointed by the Board
26 of Naturopathic Medicine. Three members shall be pharmacists
27 licensed under chapter 465, appointed by the Board of
28 Naturopathic Medicine from a list of nominees provided by the
29 Board of Pharmacy. Two members shall be physicians licensed
30 under chapter 458, appointed by the Board of Naturopathic
31 Medicine from a list of nominees provided by the Board of
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2556
Barcode 592718
1 Medicine. The initial council shall be appointed as follows:
2 One doctor of naturopathic medicine, naturopathic doctor, or
3 naturopathic physician shall be appointed for a 1-year term;
4 one physician licensed under chapter 458 and one pharmacist
5 shall each be appointed for a 2-year term; and two
6 pharmacists, one doctor of naturopathic medicine, naturopathic
7 doctor, or naturopathic physician, and one physician licensed
8 under chapter 458 shall each be appointed for a 3-year term.
9 Thereafter, the term of office shall be for 3 years. A quorum
10 shall consist of five members and shall be required for any
11 vote taken.
12 (2) The council shall establish a formulary for use by
13 naturopathic physicians, and, immediately upon adoption
14 revision of the formulary, the council shall transmit the
15 approved formulary to the board, which shall adopt the
16 formulary by temporary rule. The formulary shall be reviewed
17 annually by the council or at any time at the request of the
18 board. The formulary may not go beyond the scope of
19 prescription medicines and medical devices covered by approved
20 naturopathic medical education and training and existing
21 naturopathic medical formularies or board-approved continuing
22 education. The naturopathic medical formulary may not include
23 medicines and devices that are inconsistent with the training
24 provided by approved naturopathic medical colleges or
25 universities. This section does not authorize a doctor of
26 naturopathic medical colleges or universities. This section
27 does not authorize a doctor of naturopathic medicine,
28 naturopathic doctor, or naturopathic physician to dispense,
29 administer, or prescribe any prescription drug as defined in
30 s. 893,03 or medical device unless such prescription drug or
31 medical device is specifically included in the naturopathic
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2556
Barcode 592718
1 medical formulary.
2 Section 17. Section 462.40, Florida Statutes, is
3 created to read:
4 462.40 Disclosure of medications by patients.--A
5 patient who is provided prescriptions for medication,
6 nutrients, or other natural medicine substances by his or her
7 treating doctor of naturopathic medicine, naturopathic doctor,
8 or naturopathic physician shall advise his or her primary care
9 physician or other treating health care provider of the
10 medications or substances that have been prescribed or
11 recommended by his or her doctor of naturopathic medicine,
12 naturopathic doctor, or naturopathic physician. Doctors of
13 naturopathic medicine, naturopathic doctors, or naturopathic
14 physicians shall advise their patients of this requirement in
15 writing, maintain a signed copy of the disclosure in the
16 medical records of that patient, and provide a copy of the
17 disclosure to their patients upon request. Failure of any
18 patient to disclose medication prescribed by a doctor of
19 naturopathic medicine, naturopathic doctor, or naturopathic
20 physician as required by this section shall establish a
21 presumption that subsequent injuries sustained by such patient
22 were caused by the failure to disclose medication prescribed
23 by a doctor of naturopathic medicine, naturopathic doctor, or
24 naturopathic physician. This presumption may be rebutted by
25 clear and convincing evidence that such patient's injuries
26 were caused by the negligence of the primary care physician.
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30 And the title is amended as follows:
31 On page 2, line 13, after the semicolon,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2556
Barcode 592718
1 insert:
2 creating s. 462.30, F.S.; establishing a
3 naturopathic medical formulary council;
4 providing membership and terms of office;
5 providing duties; providing limitations;
6 creating s. 462.40, F.S.; providing that
7 patients are responsible for notifying health
8 care providers about substances prescribed or
9 recommended by a naturopathic physician;
10 creating a rebuttable presumption that failure
11 to disclose is the cause of subsequent
12 injuries;
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