| 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) "Approved naturopathic medical program" means: |
| 50 | (a) A naturopathic medical education program in the United |
| 51 | States accredited by the Council on Naturopathic Medical |
| 52 | Education or an equivalent federally recognized accrediting body |
| 53 | for the naturopathic medical profession recognized by the board. |
| 54 | This program shall offer graduate-level full-time didactic and |
| 55 | supervised clinical training leading to the degree of Doctor of |
| 56 | Naturopathic Medicine. Additionally, the program shall be an |
| 57 | institution, or part of an institution, of higher education that |
| 58 | is either accredited or is a candidate for accreditation by an |
| 59 | institutional accrediting agency recognized by the United States |
| 60 | Secretary of Education; or |
| 61 | (b) A degree-granting college or university that is |
| 62 | reputable and in good standing in the judgment of the board and |
| 63 | that offers a full-time structured curriculum in basic sciences |
| 64 | and supervised patient care comprising a doctoral naturopathic |
| 65 | medical education. As a prerequisite to graduation, a student |
| 66 | shall be enrolled for not less than 132 weeks and shall complete |
| 67 | the course of study within a period of not less than 35 months. |
| 68 | (2) "Board" means the Board of Naturopathic Medicine. |
| 69 | (3)(2) "Department" means the Department of Health. |
| 70 | (4) "Doctor of naturopathic medicine," "naturopathic |
| 71 | doctor," or "naturopathic physician" means a person licensed to |
| 72 | practice naturopathic medicine under this chapter. |
| 73 | (5) "Minor surgeries and procedures" means the excision of |
| 74 | skin lesions, moles, warts, cysts, and limpomas, the repair of |
| 75 | lacerations, or surgery limited to the skin and subcutaneous |
| 76 | tissue performed under topical or local anesthesia and which |
| 77 | does not involve a drug-induced alteration of consciousness |
| 78 | other than preoperative tranquilization. |
| 79 | (6)(1) "Natureopathy" and "Naturopathy" and "naturopathic |
| 80 | medicine" shall be construed as synonymous terms and mean a |
| 81 | distinct and comprehensive system of primary health care for the |
| 82 | prevention, diagnosis, and treatment of human health conditions, |
| 83 | injuries, and disease; the promotion or restoration of health; |
| 84 | and the support and stimulation of a patient's self-healing |
| 85 | processes through patient education and use of natural therapies |
| 86 | and therapeutic substances. A doctor of naturopathic medicine |
| 87 | employs the use and practice of psychological, mechanical, and |
| 88 | material health sciences to aid in purifying, cleansing, and |
| 89 | normalizing human tissues for the preservation or restoration of |
| 90 | health, according to the fundamental principles of anatomy, |
| 91 | physiology, and applied psychology, as may be required. |
| 92 | Naturopathic medicine practice employs, among other agencies, |
| 93 | phytotherapy, dietetics, psychotherapy, suggestotherapy, |
| 94 | hydrotherapy, zone therapy, biochemistry, external applications, |
| 95 | electrotherapy, mechanotherapy, mechanical and electrical |
| 96 | appliances, hygiene, first aid, sanitation, minor surgeries and |
| 97 | procedures, administration of vitamins, food, and food |
| 98 | supplements, and heliotherapy.; provided, However, that nothing |
| 99 | in this chapter shall be held or construed to authorize any |
| 100 | doctor of naturopathic medicine, naturopathic doctor, or |
| 101 | naturopathic physician licensed under this chapter hereunder to |
| 102 | practice materia medica, or surgery, or chiropractic medicine, |
| 103 | acupuncture, oriental medicine, child birth attendance, or |
| 104 | midwifery, nor shall the provisions of this chapter law in any |
| 105 | manner apply to or affect the practice of osteopathic medicine, |
| 106 | chiropractic medicine, Christian Science, the examination, |
| 107 | diagnosis, and treatment of teeth and gums, or any other |
| 108 | treatment authorized and provided for by law for the cure or |
| 109 | prevention of disease and ailments. |
| 110 | Section 3. Section 462.0215, Florida Statutes, is created |
| 111 | to read: |
| 112 | 462.0215 Board of Naturopathic Medicine.-- |
| 113 | (1) There is created within the department the Board of |
| 114 | Naturopathic Medicine, composed of seven members appointed by |
| 115 | the Governor and confirmed by the Senate. |
| 116 | (2)(a) Five members of the board must be: |
| 117 | 1. Licensed doctors of naturopathic medicine or |
| 118 | naturopathic physicians in good standing in this state who are |
| 119 | residents of the state and who have been engaged in the practice |
| 120 | of naturopathic medicine for at least 5 years; or |
| 121 | 2. Persons who have been teaching naturopathic medicine |
| 122 | and who hold a doctorate of naturopathic medicine from an |
| 123 | institution accredited by an accrediting agency recognized by |
| 124 | the United States Secretary of Education. |
| 125 | (b) The remaining two members of the board must be |
| 126 | residents of the state who are not and never have been licensed |
| 127 | health care practitioners. |
| 128 | (c) At least one member of the board must be 60 years of |
| 129 | age or older. |
| 130 | (3) For the purpose of staggering terms, the Governor |
| 131 | shall initially appoint to the board three members for terms of |
| 132 | 4 years each, two members for terms of 3 years each, and two |
| 133 | members for terms of 2 years each. As the terms of board members |
| 134 | expire, the Governor shall appoint successors for terms of 4 |
| 135 | years and such members shall serve until their successors are |
| 136 | appointed. |
| 137 | (4) The board, in conjunction with the department, shall |
| 138 | establish a disciplinary training program for members of the |
| 139 | board. The program shall provide for initial and periodic |
| 140 | training in the grounds for disciplinary action, the actions |
| 141 | that may be taken by the board and the department, changes in |
| 142 | relevant statutes and rules, and any relevant judicial and |
| 143 | administrative decisions. A member of the board may not |
| 144 | participate on a probable cause panel or in a disciplinary |
| 145 | decision of the board unless she or he has completed the |
| 146 | disciplinary training program. |
| 147 | (5) During the time members of the board serve on a |
| 148 | probable cause panel, they shall attempt to complete their work |
| 149 | on every case presented to them. If consideration of a case is |
| 150 | begun but is not completed during the term of the board members |
| 151 | on the panel, they may reconvene as a probable cause panel for |
| 152 | the purpose of completing their deliberations on that case. |
| 153 | (6) All provisions of chapter 456 relating to activities |
| 154 | of the board are applicable. |
| 155 | Section 4. Section 462.023, Florida Statutes, is amended |
| 156 | to read: |
| 157 | 462.023 Powers and duties of the board and the |
| 158 | department.--The board and the department may adopt such rules |
| 159 | as are necessary to carry out the purposes of this chapter, may |
| 160 | initiate disciplinary action as provided by this chapter, and |
| 161 | shall establish fees as provided by this chapter based on their |
| 162 | its estimates of the revenue required to administer this chapter |
| 163 | provided the fees do but shall not exceed the fee amounts |
| 164 | provided in this chapter. The department shall not adopt any |
| 165 | rules which would cause any person who was not licensed in |
| 166 | accordance with this chapter on July 1, 1959, and had not been a |
| 167 | resident of the state for 2 years prior to such date, to become |
| 168 | licensed. |
| 169 | Section 5. Section 462.08, Florida Statutes, is amended to |
| 170 | read: |
| 171 | 462.08 Renewal of license to practice naturopathic |
| 172 | medicine naturopathy.--Each licensee licenseholder shall |
| 173 | biennially renew her or his license to practice naturopathic |
| 174 | medicine naturopathy. The applicant must furnish to the board |
| 175 | department such evidence as it requires of the applicant's |
| 176 | compliance with s. 462.18, relating to educational requirements. |
| 177 | The biennial renewal fee, the amount of which shall be |
| 178 | determined by the board department but which may not exceed |
| 179 | $1,000, must be paid at the time the application for renewal of |
| 180 | the license is filed. |
| 181 | Section 6. Section 462.11, Florida Statutes, is amended to |
| 182 | read: |
| 183 | 462.11 Doctors of naturopathic medicine, naturopathic |
| 184 | doctors, or naturopathic physicians Naturopaths to observe |
| 185 | regulations.--Doctors of naturopathic medicine, naturopathic |
| 186 | doctors, or naturopathic physicians naturopathy shall observe |
| 187 | and be subject to all state, county, and municipal regulations |
| 188 | in regard to the control of contagious and infectious diseases, |
| 189 | the reporting of births and deaths, and to any and all other |
| 190 | matters pertaining to the public health in the same manner as is |
| 191 | required of other practitioners of the healing arts art. |
| 192 | Section 7. Section 462.13, Florida Statutes, is amended to |
| 193 | read: |
| 194 | 462.13 Additional powers and duties of the department and |
| 195 | the board.--The department and the board may administer oaths, |
| 196 | summon witnesses, and take testimony in all matters relating to |
| 197 | their its duties pursuant to this chapter. Every unrevoked |
| 198 | license shall be presumptive evidence in all courts and places |
| 199 | that the person therein named is legally licensed to practice |
| 200 | naturopathic medicine naturopathy. The department and the board |
| 201 | shall aid the prosecuting attorneys of the state in the |
| 202 | enforcement of this chapter. |
| 203 | Section 8. Section 462.14, Florida Statutes, is amended to |
| 204 | read: |
| 205 | 462.14 Grounds for disciplinary action; action by the |
| 206 | department or the board.-- |
| 207 | (1) The following acts constitute grounds for denial of a |
| 208 | license or disciplinary action, as specified in s. 456.072(2): |
| 209 | (a) Attempting to obtain, obtaining, or renewing a license |
| 210 | to practice naturopathic medicine by bribery, by fraudulent |
| 211 | misrepresentation, or through an error of the department or the |
| 212 | board. |
| 213 | (b) Having a license to practice naturopathic medicine |
| 214 | revoked, suspended, or otherwise acted against, including the |
| 215 | denial of licensure, by the licensing authority of another |
| 216 | state, territory, or country. |
| 217 | (c) Being convicted or found guilty, regardless of |
| 218 | adjudication, of a crime in any jurisdiction which directly |
| 219 | relates to the practice of naturopathic medicine or to the |
| 220 | ability to practice naturopathic medicine. Any plea of nolo |
| 221 | contendere shall be considered a conviction for purposes of this |
| 222 | chapter. |
| 223 | (d) False, deceptive, or misleading advertising. |
| 224 | (e) Advertising, practicing, or attempting to practice |
| 225 | under a name other than one's own. |
| 226 | (f) Failing to report to the department any person who the |
| 227 | licensee knows is in violation of this chapter or of the rules |
| 228 | of the department or the board. |
| 229 | (g) Aiding, assisting, procuring, or advising any |
| 230 | unlicensed person to practice naturopathic medicine contrary to |
| 231 | this chapter or to a rule of the department or the board. |
| 232 | (h) Failing to perform any statutory or legal obligation |
| 233 | placed upon a licensed doctor of naturopathic medicine, |
| 234 | naturopathic doctor, or naturopathic physician. |
| 235 | (i) Making or filing a report which the licensee knows to |
| 236 | be false, intentionally or negligently failing to file a report |
| 237 | or record required by state or federal law, willfully impeding |
| 238 | or obstructing such filing or inducing another person to do so. |
| 239 | Such reports or records shall include only those which are |
| 240 | signed in the capacity as a licensed doctor of naturopathic |
| 241 | medicine, naturopathic doctor, or naturopathic physician. |
| 242 | (j) Paying or receiving any commission, bonus, kickback, |
| 243 | or rebate, or engaging in any split-fee arrangement in any form |
| 244 | whatsoever with a physician, organization, agency, or person, |
| 245 | either directly or indirectly, for patients referred to |
| 246 | providers of health care goods and services, including, but not |
| 247 | limited to, hospitals, nursing homes, clinical laboratories, |
| 248 | ambulatory surgical centers, or pharmacies. The provisions of |
| 249 | this paragraph shall not be construed to prevent a doctor of |
| 250 | naturopathic medicine, naturopathic doctor, or naturopathic |
| 251 | physician from receiving a fee for professional consultation |
| 252 | services. |
| 253 | (k) Exercising influence within a patient-physician |
| 254 | relationship for purposes of engaging a patient in sexual |
| 255 | activity. A patient shall be presumed to be incapable of giving |
| 256 | free, full, and informed consent to sexual activity with her or |
| 257 | his physician. |
| 258 | (l) Making deceptive, untrue, or fraudulent |
| 259 | representations in the practice of naturopathic medicine or |
| 260 | employing a trick or scheme in the practice of naturopathic |
| 261 | medicine when such scheme or trick fails to conform to the |
| 262 | generally prevailing standards of treatment in the medical |
| 263 | community. |
| 264 | (m) Soliciting patients, either personally or through an |
| 265 | agent, through the use of fraud, intimidation, undue influence, |
| 266 | or a form of overreaching or vexatious conduct. A "solicitation" |
| 267 | is any communication which directly or implicitly requests an |
| 268 | immediate oral response from the recipient. |
| 269 | (n) Failing to keep written medical records justifying the |
| 270 | course of treatment of the patient, including, but not limited |
| 271 | to, patient histories, examination results, test results, X |
| 272 | rays, and records of the prescribing, dispensing, and |
| 273 | administering of drugs. |
| 274 | (o) Exercising influence on the patient or client in such |
| 275 | a manner as to exploit the patient or client for the financial |
| 276 | gain of the licensee or of a third party, which shall include, |
| 277 | but not be limited to, the promoting or selling of services, |
| 278 | goods, appliances, or drugs and the promoting or advertising on |
| 279 | any prescription form of a community pharmacy unless the form |
| 280 | also states "This prescription may be filled at any pharmacy of |
| 281 | your choice." |
| 282 | (p) Performing professional services which have not been |
| 283 | duly authorized by the patient or client, or her or his legal |
| 284 | representative, except as provided in s. 743.064, s. 766.103, or |
| 285 | s. 768.13. |
| 286 | (q) Prescribing, dispensing, administering, mixing, or |
| 287 | otherwise preparing a legend drug, including any controlled |
| 288 | substance, other than in the course of the doctor of |
| 289 | naturopathic medicine's, naturopathic doctor's, or naturopathic |
| 290 | physician's professional practice. For the purposes of this |
| 291 | paragraph, it shall be legally presumed that prescribing, |
| 292 | dispensing, administering, mixing, or otherwise preparing legend |
| 293 | drugs, including all controlled substances, inappropriately or |
| 294 | in excessive or inappropriate quantities is not in the best |
| 295 | interest of the patient and is not in the course of the doctor |
| 296 | of naturopathic medicine's, naturopathic doctor's, or |
| 297 | naturopathic physician's professional practice, without regard |
| 298 | to her or his intent. |
| 299 | (r) Prescribing, dispensing, or administering any |
| 300 | medicinal drug appearing on any schedule set forth in chapter |
| 301 | 893 by the doctor of naturopathic medicine, naturopathic doctor, |
| 302 | or naturopathic physician to herself or himself, except one |
| 303 | prescribed, dispensed, or administered to the doctor of |
| 304 | naturopathic medicine, naturopathic doctor, or naturopathic |
| 305 | physician by another practitioner authorized to prescribe, |
| 306 | dispense, or administer medicinal drugs. |
| 307 | (s) Being unable to practice naturopathic medicine with |
| 308 | reasonable skill and safety to patients by reason of illness or |
| 309 | use of alcohol, drugs, narcotics, chemicals, or any other type |
| 310 | of material or as a result of any mental or physical condition. |
| 311 | In enforcing this paragraph, the department shall have, upon |
| 312 | probable cause, authority to compel a doctor of naturopathic |
| 313 | medicine, naturopathic doctor, or naturopathic physician to |
| 314 | submit to a mental or physical examination by physicians |
| 315 | designated by the department. The failure of a doctor of |
| 316 | naturopathic medicine, naturopathic doctor, or naturopathic |
| 317 | physician to submit to such an examination when so directed |
| 318 | shall constitute an admission of the allegations against her or |
| 319 | him upon which a default and final order may be entered without |
| 320 | the taking of testimony or presentation of evidence, unless the |
| 321 | failure was due to circumstances beyond the doctor of |
| 322 | naturopathic medicine's, naturopathic doctor's, or naturopathic |
| 323 | physician's control. A doctor of naturopathic medicine, |
| 324 | naturopathic doctor, or naturopathic physician affected under |
| 325 | this paragraph shall at reasonable intervals be afforded an |
| 326 | opportunity to demonstrate that she or he can resume the |
| 327 | competent practice of naturopathic medicine with reasonable |
| 328 | skill and safety to patients. In any proceeding under this |
| 329 | paragraph, neither the record of proceedings nor the orders |
| 330 | entered by the department may be used against a doctor of |
| 331 | naturopathic medicine, naturopathic doctor, or naturopathic |
| 332 | physician in any other proceeding. |
| 333 | (t) Gross or repeated malpractice or the failure to |
| 334 | practice naturopathic medicine with that level of care, skill, |
| 335 | and treatment which is recognized by a reasonably prudent |
| 336 | similar physician as being acceptable under similar conditions |
| 337 | and circumstances. The board department shall give great weight |
| 338 | to the provisions of s. 766.102 when enforcing this paragraph. |
| 339 | (u) Performing any procedure or prescribing any therapy |
| 340 | which, by the prevailing standards of medical practice in the |
| 341 | community, constitutes experimentation on a human subject, |
| 342 | without first obtaining full, informed, and written consent. |
| 343 | (v) Practicing or offering to practice beyond the scope |
| 344 | permitted by law or accepting and performing professional |
| 345 | responsibilities which the licensee knows or has reason to know |
| 346 | that she or he is not competent to perform. |
| 347 | (w) Delegating professional responsibilities to a person |
| 348 | when the licensee delegating such responsibilities knows or has |
| 349 | reason to know that such person is not qualified by training, |
| 350 | experience, or licensure to perform them. |
| 351 | (x) Violating a lawful order of the department or the |
| 352 | board previously entered in a disciplinary hearing or failing to |
| 353 | comply with a lawfully issued subpoena of the department. |
| 354 | (y) Conspiring with another licensee or with any other |
| 355 | person to commit an act, or committing an act, which would tend |
| 356 | to coerce, intimidate, or preclude another licensee from |
| 357 | lawfully advertising her or his services. |
| 358 | (z) Procuring, or aiding or abetting in the procuring of, |
| 359 | an unlawful termination of pregnancy. |
| 360 | (aa) Presigning blank prescription forms. |
| 361 | (bb) Prescribing by the doctor of naturopathic medicine, |
| 362 | naturopathic doctor, or naturopathic physician for office use |
| 363 | any controlled substance medicinal drug appearing on Schedule I, |
| 364 | Schedule II, or Schedule III in chapter 893. |
| 365 | (cc) Prescribing, ordering, dispensing, administering, |
| 366 | supplying, selling, or giving any drug which is an amphetamine |
| 367 | or sympathomimetic amine drug, or a compound designated pursuant |
| 368 | to chapter 893 as a Schedule II controlled substance to or for |
| 369 | any person except for: |
| 370 | 1. The treatment of narcolepsy; hyperkinesis; behavioral |
| 371 | syndrome in children characterized by the developmentally |
| 372 | inappropriate symptoms of moderate to severe distractability, |
| 373 | short attention span, hyperactivity, emotional lability, and |
| 374 | impulsivity; or drug-induced brain dysfunction. |
| 375 | 2. The differential diagnostic psychiatric evaluation of |
| 376 | depression or the treatment of depression shown to be refractory |
| 377 | to other therapeutic modalities. |
| 378 | 3. The clinical investigation of the effects of such drugs |
| 379 | or compounds when an investigative protocol therefor is |
| 380 | submitted to, reviewed, and approved by the board department |
| 381 | before such investigation is begun. |
| 382 | (dd) Prescribing, ordering, dispensing, administering, |
| 383 | supplying, selling, or giving growth hormones, testosterone or |
| 384 | its analogs, human chorionic gonadotropin (HCG), or other |
| 385 | hormones for the purpose of muscle building or to enhance |
| 386 | athletic performance. For the purposes of this subsection, the |
| 387 | term "muscle building" does not include the treatment of injured |
| 388 | muscle. A prescription written for the drug products listed |
| 389 | above may be dispensed by the pharmacist with the presumption |
| 390 | that the prescription is for legitimate medical use. |
| 391 | (ee) Violating any provision of this chapter or chapter |
| 392 | 456, or any rules adopted pursuant thereto. |
| 393 | (2) The board department may enter an order denying |
| 394 | licensure or imposing any of the penalties in s. 456.072(2) |
| 395 | against any applicant for licensure or licensee who is found |
| 396 | guilty of violating any provision of subsection (1) of this |
| 397 | section or who is found guilty of violating any provision of s. |
| 398 | 456.072(1). |
| 399 | (3) The board department shall not reinstate the license |
| 400 | of a doctor of naturopathic medicine, naturopathic doctor, or |
| 401 | naturopathic physician until such time as the board department |
| 402 | is satisfied that such person has complied with all the terms |
| 403 | and conditions set forth in the final order and that such person |
| 404 | is capable of safely engaging in the practice of naturopathic |
| 405 | medicine. |
| 406 | (4) The board department shall by rule establish |
| 407 | guidelines for the disposition of disciplinary cases involving |
| 408 | specific types of violations. Such guidelines may include |
| 409 | minimum and maximum fines, periods of supervision or probation, |
| 410 | or conditions of probation or reissuance of a license. |
| 411 | Section 9. Section 462.16, Florida Statutes, is amended to |
| 412 | read: |
| 413 | 462.16 Reissue of license.--Any person who practices |
| 414 | naturopathic medicine shall practice naturopathy after her or |
| 415 | his license has been revoked and registration annulled shall be |
| 416 | deemed to have practiced naturopathic medicine naturopathy |
| 417 | without a license; provided, however, at any time after 6 months |
| 418 | after the date of license revocation said conviction, the |
| 419 | department may grant a license to the person affected, restoring |
| 420 | to her or him all the rights and privileges of and pertaining to |
| 421 | the practice of naturopathic medicine naturopathy as defined and |
| 422 | regulated by this chapter. The fee therefor shall be set by the |
| 423 | board not to exceed $250. |
| 424 | Section 10. Section 462.17, Florida Statutes, is amended |
| 425 | to read: |
| 426 | 462.17 Penalty for offenses relating to naturopathic |
| 427 | medicine naturopathy.--Any person who shall: |
| 428 | (1) Sell, fraudulently obtain, or furnish any naturopathic |
| 429 | diploma, license, record, or registration or aid or abet in the |
| 430 | same; |
| 431 | (2) Practice naturopathic medicine naturopathy under the |
| 432 | cover of any diploma, license, record, or registration illegally |
| 433 | or fraudulently obtained or secured or issued unlawfully or upon |
| 434 | fraudulent representations; |
| 435 | (3) Advertise to practice naturopathic medicine |
| 436 | naturopathy under a name other than her or his own or under an |
| 437 | assumed name; |
| 438 | (4) Falsely impersonate another practitioner of a like or |
| 439 | different name; |
| 440 | (5) Practice or advertise to practice naturopathic |
| 441 | medicine naturopathy or use in connection with her or his name |
| 442 | any designation tending to imply or to designate the person as a |
| 443 | practitioner of naturopathic medicine naturopathy without then |
| 444 | being lawfully licensed and authorized to practice naturopathic |
| 445 | medicine naturopathy in this state; or |
| 446 | (6) Practice naturopathic medicine naturopathy during the |
| 447 | time her or his license is suspended or revoked |
| 448 |
|
| 449 | commits shall be guilty of a felony of the third degree, |
| 450 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 451 | Section 11. Section 462.18, Florida Statutes, is amended |
| 452 | to read: |
| 453 | 462.18 Educational requirements.-- |
| 454 | (1) At the time each licensee shall renew her or his |
| 455 | license as otherwise provided in this chapter, each licensee, |
| 456 | beginning with the license renewal due May 1, 1944, in addition |
| 457 | to the payment of the regular renewal fee, shall furnish to the |
| 458 | board department satisfactory evidence that, in the year |
| 459 | preceding each such application for renewal, the licensee has |
| 460 | attended the 2-day educational program as promulgated and |
| 461 | conducted by the Florida Naturopathic Physicians Association, |
| 462 | Inc., or, as a substitute therefor, the equivalent of that |
| 463 | program as approved by the board department. The department |
| 464 | shall send a written notice to this effect to every person |
| 465 | holding a valid license to practice naturopathic medicine |
| 466 | naturopathy within this state at least 30 days prior to May 1 in |
| 467 | each biennial year, directed to the last known address of such |
| 468 | licensee, and shall enclose with the notice proper blank forms |
| 469 | for application for annual license renewal. All of the details |
| 470 | and requirements of the aforesaid educational program shall be |
| 471 | adopted and prescribed by the board department. In the event of |
| 472 | national emergencies, or for sufficient reason, the board may |
| 473 | department shall have the power to excuse the naturopathic |
| 474 | physicians as a group or as individuals from taking this |
| 475 | postgraduate course. |
| 476 | (2) The determination of whether a substitute annual |
| 477 | educational program is necessary shall be solely within the |
| 478 | discretion of the board department. |
| 479 | Section 12. Subsection (3) of section 462.19, Florida |
| 480 | Statutes, is amended to read: |
| 481 | 462.19 Renewal of license; inactive status.-- |
| 482 | (3) A licensee may request that her or his license be |
| 483 | placed in an inactive status by making application to the |
| 484 | department and paying a fee in an amount set by the department |
| 485 | not to exceed $100 $50. |
| 486 | Section 13. Section 462.193, Florida Statutes, is created |
| 487 | to read: |
| 488 | 462.193 Licensure by examination; requirements; fees.-- |
| 489 | (1) Any person desiring to be licensed as a doctor of |
| 490 | naturopathic medicine, naturopathic doctor, or naturopathic |
| 491 | physician shall apply to the department on forms furnished by |
| 492 | the department. The department shall license each applicant who |
| 493 | the board certifies: |
| 494 | (a) Has completed the application form and remitted a |
| 495 | nonrefundable application fee set by the board not to exceed |
| 496 | $500. |
| 497 | (b) Is at least 21 years of age. |
| 498 | (c) Is of good moral character. |
| 499 | (d) Has not committed any act or offense in this or any |
| 500 | other jurisdiction which would constitute the basis for |
| 501 | disciplining a doctor of naturopathic medicine, naturopathic |
| 502 | doctor, or naturopathic physician pursuant to s. 462.14. |
| 503 | (e) Has been awarded a bachelor's degree from an |
| 504 | institution holding accreditation from a regional accrediting |
| 505 | agency recognized by the United States Secretary of Education, |
| 506 | and which program included, at a minimum and as determined by |
| 507 | rule of the board, courses in such fields as anatomy, biology, |
| 508 | and chemistry prior to entering naturopathic medical school. |
| 509 | (f) Meets one of the following naturopathic medical |
| 510 | education and postgraduate training requirements: |
| 511 | 1. Is a graduate of an approved naturopathic medical |
| 512 | program; |
| 513 | 2. Is a graduate of an approved school of naturopathic |
| 514 | medicine which is licensed by the Florida Commission for |
| 515 | Independent Education to grant the degree of Doctor of |
| 516 | Naturopathic Medicine; or |
| 517 | 3. Is a graduate of a foreign medical school certified by |
| 518 | the Educational Commission for Foreign Medical Graduates (ECFMG) |
| 519 | to be examined in the basic and clinical medical sciences, or a |
| 520 | graduate of an accredited United States allopathic, |
| 521 | chiropractic, or osteopathic medical school, and has completed a |
| 522 | 2-year course in naturopathic medicine from an approved |
| 523 | naturopathic medical program. |
| 524 | (g) Has submitted to the department a set of fingerprints |
| 525 | on a form and in accordance with procedures specified by the |
| 526 | department, along with payment in an amount equal to the costs |
| 527 | incurred by the department for the criminal background check of |
| 528 | the applicant. |
| 529 | (h) Has obtained a passing score on a competency-based |
| 530 | national naturopathic licensing examination, including the |
| 531 | examination on minor surgery, administered by the North American |
| 532 | Board of Naturopathic Examiners or an equivalent agency |
| 533 | recognized by the board. For graduates of approved naturopathic |
| 534 | schools as defined in s. 462.01(1)(b), eligibility for licensure |
| 535 | may be granted upon presentation of evidence of successful |
| 536 | passage of a board-approved state competency examination or a |
| 537 | Canadian provincial examination. For graduates of foreign |
| 538 | medical schools or allopathic, osteopathic, or chiropractic |
| 539 | medical schools who have completed a 2-year course in |
| 540 | naturopathic medicine from an approved naturopathic medical |
| 541 | program, eligibility for licensure may be granted upon |
| 542 | presentation of evidence of successful passage of the applicable |
| 543 | medical examinations, parts one and two. |
| 544 | (i) Has completed an approved internship or residency of |
| 545 | at least 1 year. |
| 546 | (j) Is physically and mentally fit to practice as a doctor |
| 547 | of naturopathic medicine, naturopathic doctor, or naturopathic |
| 548 | physician. |
| 549 | (k) Has not had her or his license to practice any |
| 550 | profession refused, revoked, or suspended by any other state, |
| 551 | district, or territory of the United States or another country |
| 552 | for reasons that relate to her or his ability to skillfully and |
| 553 | safely practice as a doctor of naturopathic medicine, |
| 554 | naturopathic doctor, or naturopathic physician in this state. |
| 555 | (l) Has not been found guilty of a felony. |
| 556 | (2) As prescribed by board rule, the board may require an |
| 557 | applicant who does not pass the licensing examination after five |
| 558 | attempts to complete additional remedial education or training. |
| 559 | The board shall prescribe the additional requirements in a |
| 560 | manner that permits the applicant to complete the requirements |
| 561 | and be reexamined within 2 years after the date the applicant |
| 562 | petitions the board to retake the examination a sixth or |
| 563 | subsequent time. |
| 564 | (3) The department and the board shall ensure that |
| 565 | applicants for licensure meet the criteria in subsection (1) |
| 566 | through an investigative process. When the investigation is not |
| 567 | completed within the time set out in s. 120.60(1) and the |
| 568 | department or board has reason to believe that the applicant |
| 569 | does not meet the criteria, the secretary or the secretary's |
| 570 | designee may issue a 90-day licensure delay, which must be in |
| 571 | writing and sufficient to notify the applicant of the reason for |
| 572 | the delay. This subsection controls over any conflicting |
| 573 | provisions of s. 120.60(1). |
| 574 | (4) The board may not certify to the department for |
| 575 | licensure any applicant who is under investigation in another |
| 576 | jurisdiction for an offense that would constitute a violation of |
| 577 | this chapter until the investigation has been completed. Upon |
| 578 | completion of the investigation, s. 462.14 applies. Furthermore, |
| 579 | the department may not issue an unrestricted license to any |
| 580 | individual who has committed an act or offense in any |
| 581 | jurisdiction which would constitute the basis for disciplining a |
| 582 | doctor of naturopathic medicine, naturopathic doctor, or |
| 583 | naturopathic physician under s. 462.14. If the board finds that |
| 584 | an individual has committed an act or offense in any |
| 585 | jurisdiction which would constitute the basis for disciplining a |
| 586 | doctor of naturopathic medicine, naturopathic doctor, or |
| 587 | naturopathic physician under s. 462.14, the board may enter an |
| 588 | order imposing one or more of the sanctions set forth in |
| 589 | subsection (7). |
| 590 | (5) Each applicant who meets the requirements of this |
| 591 | chapter shall be licensed as a doctor of naturopathic medicine, |
| 592 | naturopathic doctor, or naturopathic physician, with rights as |
| 593 | defined by law. |
| 594 | (6) Upon certification by the board, the department shall |
| 595 | impose conditions, limitations, or restrictions on a license if |
| 596 | the applicant is on probation in another jurisdiction for an act |
| 597 | that would constitute a violation of this chapter. |
| 598 | (7) If the board determines that an applicant for |
| 599 | licensure has failed to meet, to the board's satisfaction, any |
| 600 | of the applicable requirements set forth in this section, it may |
| 601 | enter an order that imposes one or more of the following |
| 602 | sanctions: |
| 603 | (a) Refusal to certify to the department an application |
| 604 | for licensure. |
| 605 | (b) Certification to the department of an application for |
| 606 | licensure with restrictions on the scope of practice of the |
| 607 | doctor of naturopathic medicine, naturopathic doctor, or |
| 608 | naturopathic physician. |
| 609 | (c) Certification to the department of an application for |
| 610 | licensure with placement of the doctor of naturopathic medicine, |
| 611 | naturopathic doctor, or naturopathic physician on probation for |
| 612 | a period of time and subject to such conditions as the board |
| 613 | specifies, including, but not limited to, requiring the doctor |
| 614 | of naturopathic medicine, naturopathic doctor, or naturopathic |
| 615 | physician to submit to treatment, attend continuing education |
| 616 | courses, submit to reexamination, or work under the supervision |
| 617 | of another doctor of naturopathic medicine, naturopathic doctor, |
| 618 | or naturopathic physician. |
| 619 | (8) A physician who holds the doctor of medicine or doctor |
| 620 | of osteopathy degree, who has completed a 1-year internship |
| 621 | approved by the American Medical Association or the American |
| 622 | Osteopathic Association, and who is licensed under this section |
| 623 | as a doctor of naturopathic medicine, naturopathic doctor, or |
| 624 | naturopathic physician has rights and privileges equal to those |
| 625 | of physicians licensed under chapter 458 or chapter 459. |
| 626 | Section 14. Section 462.195, Florida Statutes, is created |
| 627 | to read: |
| 628 | 462.195 Exemptions from naturopathic licensure |
| 629 | requirements.--Licensure requirements for practitioners of |
| 630 | naturopathic medicine under this chapter are inapplicable to: |
| 631 | (1) Any individual who is engaged in selling vitamins, |
| 632 | health foods, dietary supplements, herbs, or other products of |
| 633 | nature, the sale of which is not otherwise prohibited under |
| 634 | state or federal law. This exemption does not: |
| 635 | (a) Allow a person to diagnose any human disease, ailment, |
| 636 | injury, infirmity, deformity, pain, or other condition; or |
| 637 | (b) Prohibit providing information regarding any of the |
| 638 | products listed in this subsection, which information is |
| 639 | truthful and is not misleading. |
| 640 | (2) Any individual who is: |
| 641 | (a) Engaged in good faith in the practice of the religious |
| 642 | tenets of any church or religious belief, without the use of |
| 643 | prescription drugs; or |
| 644 | (b) Acting in good faith for religious reasons as a matter |
| 645 | of conscience or on the basis of a personal belief when |
| 646 | obtaining or providing information regarding health care and the |
| 647 | use of any product. |
| 648 | (3) Any individual who is administering a domestic or |
| 649 | family remedy. |
| 650 | (4) No provision of this chapter shall be construed to |
| 651 | prohibit a physician licensed under chapter 458; an osteopathic |
| 652 | physician licensed under chapter 459; a chiropractic physician |
| 653 | licensed under chapter 460; a podiatric physician licensed under |
| 654 | chapter 461; an optometrist licensed under chapter 463; an |
| 655 | advanced registered nurse practitioner, registered nurse, or |
| 656 | licensed practical nurse licensed under part I of chapter 464; |
| 657 | an occupational therapist licensed under part III of chapter |
| 658 | 468; a massage therapist licensed under chapter 480; a physical |
| 659 | therapist licensed under chapter 486; a psychologist licensed |
| 660 | under chapter 490; or a clinical social worker, marriage and |
| 661 | family therapist, or mental health counselor licensed under |
| 662 | chapter 491 from the lawful practice of her or his profession. |
| 663 | Section 15. Section 462.2001, Florida Statutes, is amended |
| 664 | to read: |
| 665 | 462.2001 Saving clause.--All licenses to practice |
| 666 | naturopathic medicine naturopathy issued pursuant to this |
| 667 | chapter and valid on July 1, 2005 October 1, 1985, shall remain |
| 668 | in full force and effect. |
| 669 | Section 16. Doctors of naturopathic medicine, naturopathic |
| 670 | doctors, or naturopathic physicians who hold a license on the |
| 671 | effective date of this act shall retain the same rights and |
| 672 | privileges as they had before implementation of the amendments |
| 673 | to chapter 462, Florida Statutes, by this act. |
| 674 | Section 17. Paragraph (g) of subsection (3) of section |
| 675 | 20.43, Florida Statutes, is amended to read: |
| 676 | 20.43 Department of Health.--There is created a Department |
| 677 | of Health. |
| 678 | (3) The following divisions of the Department of Health |
| 679 | are established: |
| 680 | (g) Division of Medical Quality Assurance, which is |
| 681 | responsible for the following boards and professions established |
| 682 | within the division: |
| 683 | 1. The Board of Acupuncture, created under chapter 457. |
| 684 | 2. The Board of Medicine, created under chapter 458. |
| 685 | 3. The Board of Osteopathic Medicine, created under |
| 686 | chapter 459. |
| 687 | 4. The Board of Chiropractic Medicine, created under |
| 688 | chapter 460. |
| 689 | 5. The Board of Podiatric Medicine, created under chapter |
| 690 | 461. |
| 691 | 6. The Board of Naturopathic Medicine Naturopathy, created |
| 692 | as provided under chapter 462. |
| 693 | 7. The Board of Optometry, created under chapter 463. |
| 694 | 8. The Board of Nursing, created under part I of chapter |
| 695 | 464. |
| 696 | 9. Nursing assistants, as provided under part II of |
| 697 | chapter 464. |
| 698 | 10. The Board of Pharmacy, created under chapter 465. |
| 699 | 11. The Board of Dentistry, created under chapter 466. |
| 700 | 12. Midwifery, as provided under chapter 467. |
| 701 | 13. The Board of Speech-Language Pathology and Audiology, |
| 702 | created under part I of chapter 468. |
| 703 | 14. The Board of Nursing Home Administrators, created |
| 704 | under part II of chapter 468. |
| 705 | 15. The Board of Occupational Therapy, created under part |
| 706 | III of chapter 468. |
| 707 | 16. Respiratory therapy, as provided under part V of |
| 708 | chapter 468. |
| 709 | 17. Dietetics and nutrition practice, as provided under |
| 710 | part X of chapter 468. |
| 711 | 18. The Board of Athletic Training, created under part |
| 712 | XIII of chapter 468. |
| 713 | 19. The Board of Orthotists and Prosthetists, created |
| 714 | under part XIV of chapter 468. |
| 715 | 20. Electrolysis, as provided under chapter 478. |
| 716 | 21. The Board of Massage Therapy, created under chapter |
| 717 | 480. |
| 718 | 22. The Board of Clinical Laboratory Personnel, created |
| 719 | under part III of chapter 483. |
| 720 | 23. Medical physicists, as provided under part IV of |
| 721 | chapter 483. |
| 722 | 24. The Board of Opticianry, created under part I of |
| 723 | chapter 484. |
| 724 | 25. The Board of Hearing Aid Specialists, created under |
| 725 | part II of chapter 484. |
| 726 | 26. The Board of Physical Therapy Practice, created under |
| 727 | chapter 486. |
| 728 | 27. The Board of Psychology, created under chapter 490. |
| 729 | 28. School psychologists, as provided under chapter 490. |
| 730 | 29. The Board of Clinical Social Work, Marriage and Family |
| 731 | Therapy, and Mental Health Counseling, created under chapter |
| 732 | 491. |
| 733 | Section 18. Subsection (1) of section 381.0031, Florida |
| 734 | Statutes, is amended to read: |
| 735 | 381.0031 Report of diseases of public health significance |
| 736 | to department.-- |
| 737 | (1) Any practitioner licensed in this state to practice |
| 738 | medicine, osteopathic medicine, chiropractic medicine, |
| 739 | naturopathic medicine naturopathy, or veterinary medicine; any |
| 740 | hospital licensed under part I of chapter 395; or any laboratory |
| 741 | licensed under chapter 483 that diagnoses or suspects the |
| 742 | existence of a disease of public health significance shall |
| 743 | immediately report the fact to the Department of Health. |
| 744 |
|
| 745 | This section does not affect s. 384.25. |
| 746 | Section 19. Subsection (10) of section 468.301, Florida |
| 747 | Statutes, is amended to read: |
| 748 | 468.301 Definitions.--As used in this part, the term: |
| 749 | (10) "Licensed practitioner" means a person who is |
| 750 | licensed or otherwise authorized by law to practice medicine, |
| 751 | podiatric medicine, chiropody, osteopathic medicine, |
| 752 | naturopathic medicine naturopathy, or chiropractic medicine in |
| 753 | this state. |
| 754 | Section 20. Subsection (1) of section 476.044, Florida |
| 755 | Statutes, is amended to read: |
| 756 | 476.044 Exemptions.--This chapter does not apply to the |
| 757 | following persons when practicing pursuant to their professional |
| 758 | responsibilities and duties: |
| 759 | (1) Persons authorized under the laws of this state to |
| 760 | practice medicine, surgery, osteopathic medicine, chiropractic |
| 761 | medicine, naturopathic medicine naturopathy, or podiatric |
| 762 | medicine; |
| 763 | Section 21. Paragraph (a) of subsection (1) of section |
| 764 | 477.0135, Florida Statutes, is amended to read: |
| 765 | 477.0135 Exemptions.-- |
| 766 | (1) This chapter does not apply to the following persons |
| 767 | when practicing pursuant to their professional or occupational |
| 768 | responsibilities and duties: |
| 769 | (a) Persons authorized under the laws of this state to |
| 770 | practice medicine, surgery, osteopathic medicine, chiropractic |
| 771 | medicine, massage, naturopathic medicine naturopathy, or |
| 772 | podiatric medicine. |
| 773 | Section 22. Subsections (2) and (3) of section 485.003, |
| 774 | Florida Statutes, are amended to read: |
| 775 | 485.003 Definitions.--In construing this chapter, the |
| 776 | words, phrases, or terms, unless the context otherwise |
| 777 | indicates, shall have the following meanings: |
| 778 | (2) "Healing arts" shall mean the practice of medicine, |
| 779 | surgery, psychiatry, dentistry, osteopathic medicine, |
| 780 | chiropractic medicine, naturopathic medicine naturopathy, |
| 781 | podiatric medicine, chiropody, psychology, clinical social work, |
| 782 | marriage and family therapy, mental health counseling, and |
| 783 | optometry. |
| 784 | (3) "Practitioner of the healing arts" shall mean a person |
| 785 | licensed under the laws of the state to practice medicine, |
| 786 | surgery, psychiatry, dentistry, osteopathic medicine, |
| 787 | chiropractic medicine, naturopathic medicine naturopathy, |
| 788 | podiatric medicine, chiropody, psychology, clinical social work, |
| 789 | marriage and family therapy, mental health counseling, or |
| 790 | optometry within the scope of his or her professional training |
| 791 | and competence and within the purview of the statutes applicable |
| 792 | to his or her respective profession, and who may refer a patient |
| 793 | for treatment by a qualified person, who shall employ hypnotic |
| 794 | techniques under the supervision, direction, prescription, and |
| 795 | responsibility of such referring practitioner. |
| 796 | Section 23. Subsection (1) of section 486.161, Florida |
| 797 | Statutes, is amended to read: |
| 798 | 486.161 Exemptions.-- |
| 799 | (1) No provision of this chapter shall be construed to |
| 800 | prohibit any person licensed in this state from using any |
| 801 | physical agent as a part of, or incidental to, the lawful |
| 802 | practice of her or his profession under the statutes applicable |
| 803 | to the profession of chiropractic physician, podiatric |
| 804 | physician, doctor of medicine, massage therapist, nurse, |
| 805 | osteopathic physician or surgeon, occupational therapist, or |
| 806 | doctor of naturopathic medicine, naturopathic doctor, or |
| 807 | naturopathic physician naturopath. |
| 808 | Section 24. Paragraph (h) of subsection (4) of section |
| 809 | 627.351, Florida Statutes, is amended to read: |
| 810 | 627.351 Insurance risk apportionment plans.-- |
| 811 | (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.-- |
| 812 | (h) As used in this subsection: |
| 813 | 1. "Health care provider" means hospitals licensed under |
| 814 | chapter 395; physicians licensed under chapter 458; osteopathic |
| 815 | physicians licensed under chapter 459; podiatric physicians |
| 816 | licensed under chapter 461; dentists licensed under chapter 466; |
| 817 | chiropractic physicians licensed under chapter 460; doctors of |
| 818 | naturopathic medicine, naturopathic doctors, or naturopathic |
| 819 | physicians naturopaths licensed under chapter 462; nurses |
| 820 | licensed under part I of chapter 464; midwives licensed under |
| 821 | chapter 467; clinical laboratories registered under chapter 483; |
| 822 | physician assistants licensed under chapter 458 or chapter 459; |
| 823 | physical therapists and physical therapist assistants licensed |
| 824 | under chapter 486; health maintenance organizations certificated |
| 825 | under part I of chapter 641; ambulatory surgical centers |
| 826 | licensed under chapter 395; other medical facilities as defined |
| 827 | in subparagraph 2.; blood banks, plasma centers, industrial |
| 828 | clinics, and renal dialysis facilities; or professional |
| 829 | associations, partnerships, corporations, joint ventures, or |
| 830 | other associations for professional activity by health care |
| 831 | providers. |
| 832 | 2. "Other medical facility" means a facility the primary |
| 833 | purpose of which is to provide human medical diagnostic services |
| 834 | or a facility providing nonsurgical human medical treatment, to |
| 835 | which facility the patient is admitted and from which facility |
| 836 | the patient is discharged within the same working day, and which |
| 837 | facility is not part of a hospital. However, a facility existing |
| 838 | for the primary purpose of performing terminations of pregnancy |
| 839 | or an office maintained by a physician or dentist for the |
| 840 | practice of medicine shall not be construed to be an "other |
| 841 | medical facility." |
| 842 | 3. "Health care facility" means any hospital licensed |
| 843 | under chapter 395, health maintenance organization certificated |
| 844 | under part I of chapter 641, ambulatory surgical center licensed |
| 845 | under chapter 395, or other medical facility as defined in |
| 846 | subparagraph 2. |
| 847 | Section 25. Subsection (19) of section 893.02, Florida |
| 848 | Statutes, is amended to read: |
| 849 | 893.02 Definitions.--The following words and phrases as |
| 850 | used in this chapter shall have the following meanings, unless |
| 851 | the context otherwise requires: |
| 852 | (19) "Practitioner" means a physician licensed pursuant to |
| 853 | chapter 458, a dentist licensed pursuant to chapter 466, a |
| 854 | veterinarian licensed pursuant to chapter 474, an osteopathic |
| 855 | physician licensed pursuant to chapter 459, a doctor of |
| 856 | naturopathic medicine, naturopathic doctor, or naturopathic |
| 857 | physician naturopath licensed pursuant to chapter 462, or a |
| 858 | podiatric physician licensed pursuant to chapter 461, provided |
| 859 | such practitioner holds a valid federal controlled substance |
| 860 | registry number. |
| 861 | Section 26. Paragraph (g) of subsection (3) of section |
| 862 | 921.0022, Florida Statutes, is amended to read: |
| 863 | 921.0022 Criminal Punishment Code; offense severity |
| 864 | ranking chart.-- |
| 865 | (3) OFFENSE SEVERITY RANKING CHART |
| 866 |
|
| | |
| FloridaStatute | FelonyDegree | Description |
|
| 867 |
|
| | |
| 868 |
|
| | |
| 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
| 869 |
|
| | |
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 870 |
|
| | |
| 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. |
|
| 871 |
|
| | |
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 872 |
|
| | |
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 873 |
|
| | |
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
| 874 |
|
| | |
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 875 |
|
| | |
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 876 |
|
| | |
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 877 |
|
| | |
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 878 |
|
| | |
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 879 |
|
| | |
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 880 |
|
| | |
| 462.17 | 3rd | Practicing naturopathic medicine naturopathy without a license. |
|
| 881 |
|
| | |
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 882 |
|
| | |
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 883 |
|
| | |
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 884 |
|
| | |
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 885 |
|
| | |
| 467.201 | 3rd | Practicing midwifery without a license. |
|
| 886 |
|
| | |
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 887 |
|
| | |
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 888 |
|
| | |
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 889 |
|
| | |
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 890 |
|
| | |
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 891 |
|
| | |
| 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. |
|
| 892 |
|
| | |
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
| 893 |
|
| | |
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 894 |
|
| | |
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 895 |
|
| | |
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 896 |
|
| | |
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 897 |
|
| | |
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 898 |
|
| | |
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 899 |
|
| | |
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 900 |
|
| | |
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 901 |
|
| | |
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 902 |
|
| | |
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 903 |
|
| | |
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 904 |
|
| | |
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 905 |
|
| | |
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 906 |
|
| | |
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 907 |
|
| | |
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 908 |
|
| | |
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 909 |
|
| | |
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 910 |
|
| | |
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 911 |
|
| | |
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 912 |
|
| | |
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 913 |
|
| | |
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 914 |
|
| | |
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 915 |
|
| | |
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 916 |
|
| | |
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 917 |
|
| | |
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 918 |
|
| | |
| 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. |
|
| 919 |
|
| | |
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 920 |
|
| | |
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 921 |
|
| | |
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 922 |
|
| | |
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 923 |
|
| | |
| 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. |
|
| 924 |
|
| | |
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 925 |
|
| | |
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 926 |
|
| | |
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 927 |
|
| | |
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 928 |
|
| | |
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 929 |
|
| | |
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 930 |
|
| | |
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 931 |
|
| | |
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 932 |
|
| | |
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 933 |
|
| | |
| 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. |
|
| 934 |
|
| | |
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 935 |
|
| | |
| 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. |
|
| 936 |
|
| | |
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 937 |
|
| | |
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 938 |
|
| | |
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 939 |
|
| | |
| 940 |
|
| | |
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 941 |
|
| | |
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 942 |
|
| | |
| 943 |
|
| | |
| 872.06 | 2nd | Abuse of a dead human body. |
|
| 944 |
|
| | |
| 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. |
|
| 945 |
|
| | |
| 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. |
|
| 946 |
|
| | |
| 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). |
|
| 947 |
|
| | |
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 948 |
|
| | |
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 949 |
|
| | |
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 950 |
|
| | |
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 951 |
|
| | |
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 952 |
|
| | |
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 953 |
|
| | |
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 954 |
|
| | |
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 955 |
|
| | |
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 956 |
|
| | |
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 957 |
|
| | |
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 958 |
|
| | |
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 959 |
|
| 960 | Section 27. This act shall take effect July 1, 2005. |