HB 0695

CS

CHAMBER ACTION

1	The Health Care Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to naturopathic medicine; providing a
7	popular name; changing the title of ch. 462, F.S., from
8	"Naturopathy" to "Naturopathic Medicine"; amending s.
9	462.01, F.S.; revising and providing definitions; creating
10	s. 462.0215, F.S.; creating the Board of Naturopathic
11	Medicine; providing membership and duties of the board;
12	providing guidelines for probable cause panels and
13	disciplinary decisions; providing applicability of ch. 456,
14	F.S.; amending s. 462.023, F.S.; providing powers and
15	duties of the board under ch. 462, F.S., including
16	rulemaking authority; deleting obsolete language; amending
17	s. 462.08, F.S.; conforming terminology; amending s.
18	462.11, F.S.; conforming and correcting terminology;
19	amending s. 462.13, F.S.; providing additional powers and
20	duties of the board; amending s. 462.14, F.S.; specifying
21	authority of the board and the department with respect to
22	disciplinary action and revising grounds for disciplinary
23	action with respect to such authority; conforming
24	terminology; amending s. 462.16, F.S.; specifying authority
25	for setting the fee for the reissuance of license under
26	certain circumstances; conforming terminology; amending s.
27	462.17, F.S.; conforming terminology; amending s. 462.18,
28	F.S.; revising educational requirements; conforming
29	terminology; amending s. 462.19, F.S.; increasing the
30	maximum amount at which the inactive status fee may be set;
31	creating s. 462.193, F.S.; providing requirements for
32	licensure as a doctor of naturopathic medicine,
33	naturopathic doctor, or naturopathic physician; providing
34	fees; providing grounds for denying or restricting
35	licenses; providing for the applicability of certain rights
36	to doctors of naturopathic medicine, naturopathic doctors,
37	or naturopathic physicians who have certain qualifications;
38	creating s. 462.195, F.S.; providing exemptions from
39	licensure requirements; amending s. 462.2001, F.S.;
40	updating the saving clause; conforming terminology;
41	providing that certain rights and privileges of active
42	licensees are retained; amending ss. 20.43, 381.0031,
43	468.301, 476.044, 477.0135, 485.003, 486.161, 627.351,
44	893.02, and 921.0022, F.S.; conforming terminology;
45	creating s. 462.30, F.S.; establishing the Naturopathic
46	Medical Formulary Council; providing for membership and
47	terms; providing for establishment of a formulary for
48	doctors of naturopathic medicine, naturopathic doctors, and
49	naturopathic physicians; creating s. 462.40, F.S.;
50	providing responsibility of patients to disclose to their
51	primary care physicians medications prescribed or
52	recommended by doctors of naturopathic medicine,
53	naturopathic doctors, and naturopathic physicians;
54	providing an effective date.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  This act may be cited as the "Dr. R. Wilson
59	Geldner Naturopathic Medicine Act of 2005."
60	Section 2.  Chapter 462, Florida Statutes, which is
61	entitled "Naturopathy," is redesignated as "Naturopathic
62	Medicine."
63	Section 3.  Section 462.01, Florida Statutes, is amended to
64	read:
65	462.01  Definitions.--As used in this chapter, the term:
66	(1)  "Board" means the Board of Naturopathic Medicine.
67	(2)  "Department" means the Department of Health.
68	(3)  "Doctor of naturopathic medicine," "naturopathic
69	doctor," or "naturopathic physician" means a person licensed to
70	practice naturopathic medicine under this chapter.
71	(4)(1)  "Natureopathy," and "naturopathy," and
72	"naturopathic medicine" shall be construed as synonymous terms
73	and mean a distinct and comprehensive system of primary health
74	care for the prevention, diagnosis, and treatment of human
75	health conditions, injuries, and disease; the promotion or
76	restoration of health; and the support and stimulation of a
77	patient's self-healing processes through patient education and
78	use of natural therapies and therapeutic substances. Doctors of
79	naturopathic medicine employ the use and practice of
80	psychological, mechanical, and material health sciences to aid
81	in purifying, cleansing, and normalizing human tissues for the
82	preservation or restoration of health, according to the
83	fundamental principles of anatomy, physiology, and applied
84	psychology, as may be required. Naturopathic medicine practice
85	employs, among other agencies, phytotherapy, dietetics,
86	psychotherapy, suggestotherapy, hydrotherapy, zone therapy,
87	biochemistry, external applications, electrotherapy,
88	mechanotherapy, mechanical and electrical appliances, hygiene,
89	first aid, sanitation, the administration of vitamins, food, and
90	food supplements, and heliotherapy.; provided, However, that
91	nothing in this chapter shall be held or construed to authorize
92	any doctor of naturopathic medicine, naturopathic doctor, or
93	naturopathic physician licensed under this chapter hereunder to
94	practice materia medica, or surgery, or chiropractic medicine,
95	acupuncture, oriental medicine, child birth attendance, or
96	midwifery, or to examine, diagnose, or treat teeth and gums, nor
97	shall the provisions of this chapter law in any manner apply to
98	or affect the practice of osteopathic medicine, chiropractic
99	medicine, Christian Science, or any other treatment authorized
100	and provided for by law for the cure or prevention of disease
101	and ailments. It is recognized that many of the therapies used
102	by naturopathic physicians, including, but not limited to,
103	homeopathic remedies, nutritional and dietary supplements,
104	herbs, and such physical forces as heat, cold, water, touch, and
105	light, are not the exclusive privilege of naturopathic
106	physicians. Consistent with the requirements of s. 11.62, the
107	Sunrise Act, it is not the intent of this act to prohibit or
108	restrict to naturopathic physicians the use of the modalities
109	identified in this chapter.
110	(5)  "Approved naturopathic medical program" means:
111	(a)  A naturopathic medical education program in the United
112	States that is accredited by, or has candidacy status with, the
113	Council on Naturopathic Medical Education or an equivalent
114	accrediting body for the naturopathic medical profession that is
115	recognized by the United States Department of Education and the
116	board. This program shall offer graduate-level didactic and
117	supervised clinical training leading to the degree of Doctor of
118	Naturopathy or Doctor of Naturopathic Medicine; or
119	(b)  A degree-granting college or university that offers a
120	full-time structured curriculum in basic sciences and supervised
121	patient care comprising a doctoral naturopathic medical
122	education. As a prerequisite to graduation from a college of
123	liberal arts and naturopathic medicine which is reputable and in
124	good standing in the judgment of the board, a student must have
125	been enrolled for not less than 132 weeks and must complete the
126	course of study within a period of not less than 35 months.
127	"Reputable and in good standing" means the college or university
128	is accredited by an accrediting body for the naturopathic
129	medical profession recognized by the United States Department of
130	Education and that is licensed by the Commission for Independent
131	Education.
132	Section 4.  Section 462.0215, Florida Statutes, is created
133	to read:
134	462.0215  Board of Naturopathic Medicine.--
135	(1)  There is created within the department the Board of
136	Naturopathic Medicine, composed of seven members appointed by
137	the Governor and confirmed by the Senate.
138	(2)(a)  Five members of the board must be:
139	1.  Licensed doctors of naturopathic medicine or
140	naturopathic physicians in good standing in this state who are
141	residents of the state and who have been engaged in the practice
142	of naturopathic medicine for at least 5 years; or
143	2.  Persons who have been teaching naturopathic medicine
144	and who hold a doctorate of naturopathic medicine from an
145	institution accredited by an accrediting body recognized by the
146	United States Department of Education.
147	(b)  The remaining two members of the board must be
148	residents of the state who are not and never have been licensed
149	health care practitioners.
150	(c)  At least one member of the board must be 60 years of
151	age or older.
152	(3)  For the purpose of staggering terms, the Governor
153	shall initially appoint to the board three members for terms of
154	4 years each, two members for terms of 3 years each, and two
155	members for terms of 2 years each. As the terms of board members
156	expire, the Governor shall appoint successors for terms of 4
157	years and such members shall serve until their successors are
158	appointed.
159	(4)  The board, in conjunction with the department, shall
160	establish a disciplinary training program for members of the
161	board. The program shall provide for initial and periodic
162	training in the grounds for disciplinary action, the actions
163	that may be taken by the board and the department, changes in
164	relevant statutes and rules, and any relevant judicial and
165	administrative decisions. A member of the board may not
166	participate on a probable cause panel or in a disciplinary
167	decision of the board unless she or he has completed the
168	disciplinary training program.
169	(5)  During the time members of the board are appointed to
170	a probable cause panel, they shall attempt to complete their
171	work on every case presented to them. If consideration of a case
172	is begun but is not completed during the term of the board
173	members on the panel, they may reconvene as a probable cause
174	panel for the purpose of completing their deliberations on that
175	case.
176	(6)  All provisions of chapter 456 relating to activities
177	of the board are applicable.
178	Section 5.  Section 462.023, Florida Statutes, is amended
179	to read:
180	462.023  Powers and duties of the board and the
181	department.--The board and the department may adopt such rules
182	as are necessary to carry out the purposes of this chapter, may
183	initiate disciplinary action as provided by this chapter, and
184	shall establish fees as provided by this chapter based on their
185	its estimates of the revenue required to administer this chapter
186	provided the fees do but shall not exceed the fee amounts
187	provided in this chapter. The department shall not adopt any
188	rules which would cause any person who was not licensed in
189	accordance with this chapter on July 1, 1959, and had not been a
190	resident of the state for 2 years prior to such date, to become
191	licensed.
192	Section 6.  Section 462.08, Florida Statutes, is amended to
193	read:
194	462.08  Renewal of license to practice naturopathic
195	medicine naturopathy.--Each licensee licenseholder shall
196	biennially renew her or his license to practice naturopathic
197	medicine naturopathy. The applicant must furnish to the board
198	department such evidence as it requires of the applicant's
199	compliance with s. 462.18, relating to educational requirements.
200	The biennial renewal fee, the amount of which shall be
201	determined by the board department but which may not exceed
202	$1,000, must be paid at the time the application for renewal of
203	the license is filed.
204	Section 7.  Section 462.11, Florida Statutes, is amended to
205	read:
206	462.11  Doctors of naturopathic medicine, naturopathic
207	doctors, or naturopathic physicians Naturopaths to observe
208	regulations.--Doctors of naturopathic medicine, naturopathic
209	doctors, or naturopathic physicians naturopathy shall observe
210	and be subject to all state, county, and municipal regulations
211	in regard to the control of contagious and infectious diseases,
212	the reporting of births and deaths, and to any and all other
213	matters pertaining to the public health in the same manner as is
214	required of other practitioners of the healing arts art.
215	Section 8.  Section 462.13, Florida Statutes, is amended to
216	read:
217	462.13  Additional powers and duties of the board and the
218	department.--The board and the department may administer oaths,
219	summon witnesses, and take testimony in all matters relating to
220	their its duties pursuant to this chapter. Every unrevoked
221	license shall be presumptive evidence in all courts and places
222	that the person therein named is legally licensed to practice
223	naturopathic medicine naturopathy. The board and the department
224	shall aid the prosecuting attorneys of the state in the
225	enforcement of this chapter.
226	Section 9.  Section 462.14, Florida Statutes, is amended to
227	read:
228	462.14  Grounds for disciplinary action; action by the
229	board and the department.--
230	(1)  The following acts constitute grounds for denial of a
231	license or disciplinary action, as specified in s. 456.072(2):
232	(a)  Attempting to obtain, obtaining, or renewing a license
233	to practice naturopathic medicine by bribery, by fraudulent
234	misrepresentation, or through an error of the board or the
235	department.
236	(b)  Having a license to practice naturopathic medicine
237	revoked, suspended, or otherwise acted against, including the
238	denial of licensure, by the licensing authority of another
239	state, territory, or country.
240	(c)  Being convicted or found guilty, regardless of
241	adjudication, of a crime in any jurisdiction which directly
242	relates to the practice of naturopathic medicine or to the
243	ability to practice naturopathic medicine. Any plea of nolo
244	contendere shall be considered a conviction for purposes of this
245	chapter.
246	(d)  False, deceptive, or misleading advertising.
247	(e)  Advertising, practicing, or attempting to practice
248	under a name other than one's own.
249	(f)  Failing to report to the department any person who the
250	licensee knows is in violation of this chapter or of the rules
251	of the board or the department.
252	(g)  Aiding, assisting, procuring, or advising any
253	unlicensed person to practice naturopathic medicine contrary to
254	this chapter or to a rule of the board or the department.
255	(h)  Failing to perform any statutory or legal obligation
256	placed upon a licensed doctor of naturopathic medicine,
257	naturopathic doctor, or naturopathic physician.
258	(i)  Making or filing a report which the licensee knows to
259	be false, intentionally or negligently failing to file a report
260	or record required by state or federal law, willfully impeding
261	or obstructing such filing or inducing another person to do so.
262	Such reports or records shall include only those which are
263	signed in the capacity as a licensed doctor of naturopathic
264	medicine, naturopathic doctor, or naturopathic physician.
265	(j)  Paying or receiving any commission, bonus, kickback,
266	or rebate, or engaging in any split-fee arrangement in any form
267	whatsoever with a physician, organization, agency, or person,
268	either directly or indirectly, for patients referred to
269	providers of health care goods and services, including, but not
270	limited to, hospitals, nursing homes, clinical laboratories,
271	ambulatory surgical centers, or pharmacies. The provisions of
272	this paragraph shall not be construed to prevent a doctor of
273	naturopathic medicine, naturopathic doctor, or naturopathic
274	physician from receiving a fee for professional consultation
275	services.
276	(k)  Exercising influence within a patient-physician
277	relationship for purposes of engaging a patient in sexual
278	activity. A patient shall be presumed to be incapable of giving
279	free, full, and informed consent to sexual activity with her or
280	his physician.
281	(l)  Making deceptive, untrue, or fraudulent
282	representations in the practice of naturopathic medicine or
283	employing a trick or scheme in the practice of naturopathic
284	medicine when such scheme or trick fails to conform to the
285	generally prevailing standards of treatment in the medical
286	community.
287	(m)  Soliciting patients, either personally or through an
288	agent, through the use of fraud, intimidation, undue influence,
289	or a form of overreaching or vexatious conduct. A "solicitation"
290	is any communication which directly or implicitly requests an
291	immediate oral response from the recipient.
292	(n)  Failing to keep written medical records justifying the
293	course of treatment of the patient, including, but not limited
294	to, patient histories, examination results, test results, X
295	rays, and records of the prescribing, dispensing, and
296	administering of drugs.
297	(o)  Exercising influence on the patient or client in such
298	a manner as to exploit the patient or client for the financial
299	gain of the licensee or of a third party, which shall include,
300	but not be limited to, the promoting or selling of services,
301	goods, appliances, or drugs and the promoting or advertising on
302	any prescription form of a community pharmacy unless the form
303	also states "This prescription may be filled at any pharmacy of
304	your choice."
305	(p)  Performing professional services which have not been
306	duly authorized by the patient or client, or her or his legal
307	representative, except as provided in s. 743.064, s. 766.103, or
308	s. 768.13.
309	(q)  Prescribing, dispensing, administering, mixing, or
310	otherwise preparing a legend drug, including any controlled
311	substance, other than in the course of the doctor of
312	naturopathic medicine's, naturopathic doctor's, or naturopathic
313	physician's professional practice. For the purposes of this
314	paragraph, it shall be legally presumed that prescribing,
315	dispensing, administering, mixing, or otherwise preparing legend
316	drugs, including all controlled substances, inappropriately or
317	in excessive or inappropriate quantities is not in the best
318	interest of the patient and is not in the course of the doctor
319	of naturopathic medicine's, naturopathic doctor's, or
320	naturopathic physician's professional practice, without regard
321	to her or his intent.
322	(r)  Prescribing, dispensing, or administering any
323	medicinal drug appearing on any schedule set forth in chapter
324	893 by the doctor of naturopathic medicine, naturopathic doctor,
325	or naturopathic physician to herself or himself, except one
326	prescribed, dispensed, or administered to the doctor of
327	naturopathic medicine, naturopathic doctor, or naturopathic
328	physician by another practitioner authorized to prescribe,
329	dispense, or administer medicinal drugs.
330	(s)  Being unable to practice naturopathic medicine with
331	reasonable skill and safety to patients by reason of illness or
332	use of alcohol, drugs, narcotics, chemicals, or any other type
333	of material or as a result of any mental or physical condition.
334	In enforcing this paragraph, the department shall have, upon
335	probable cause, authority to compel a doctor of naturopathic
336	medicine, naturopathic doctor, or naturopathic physician to
337	submit to a mental or physical examination by physicians
338	designated by the department. The failure of a doctor of
339	naturopathic medicine, naturopathic doctor, or naturopathic
340	physician to submit to such an examination when so directed
341	shall constitute an admission of the allegations against her or
342	him upon which a default and final order may be entered without
343	the taking of testimony or presentation of evidence, unless the
344	failure was due to circumstances beyond the doctor of
345	naturopathic medicine's, naturopathic doctor's, or naturopathic
346	physician's control. A doctor of naturopathic medicine,
347	naturopathic doctor, or naturopathic physician affected under
348	this paragraph shall at reasonable intervals be afforded an
349	opportunity to demonstrate that she or he can resume the
350	competent practice of naturopathic medicine with reasonable
351	skill and safety to patients. In any proceeding under this
352	paragraph, neither the record of proceedings nor the orders
353	entered by the department may be used against a doctor of
354	naturopathic medicine, naturopathic doctor, or naturopathic
355	physician in any other proceeding.
356	(t)  Gross or repeated malpractice or the failure to
357	practice naturopathic medicine with that level of care, skill,
358	and treatment which is recognized by a reasonably prudent
359	similar physician as being acceptable under similar conditions
360	and circumstances. The board department shall give great weight
361	to the provisions of s. 766.102 when enforcing this paragraph.
362	(u)  Performing any procedure or prescribing any therapy
363	which, by the prevailing standards of medical practice in the
364	community, constitutes experimentation on a human subject,
365	without first obtaining full, informed, and written consent.
366	(v)  Practicing or offering to practice beyond the scope
367	permitted by law or accepting and performing professional
368	responsibilities which the licensee knows or has reason to know
369	that she or he is not competent to perform.
370	(w)  Delegating professional responsibilities to a person
371	when the licensee delegating such responsibilities knows or has
372	reason to know that such person is not qualified by training,
373	experience, or licensure to perform them.
374	(x)  Violating a lawful order of the board or the
375	department previously entered in a disciplinary hearing or
376	failing to comply with a lawfully issued subpoena of the
377	department.
378	(y)  Conspiring with another licensee or with any other
379	person to commit an act, or committing an act, which would tend
380	to coerce, intimidate, or preclude another licensee from
381	lawfully advertising her or his services.
382	(z)  Procuring, or aiding or abetting in the procuring of,
383	an unlawful termination of pregnancy.
384	(aa)  Presigning blank prescription forms.
385	(bb)  Prescribing by the doctor of naturopathic medicine,
386	naturopathic doctor, or naturopathic physician for office use
387	any controlled substance medicinal drug appearing on Schedule I,
388	Schedule II, or Schedule III in chapter 893.
389	(cc)  Prescribing, ordering, dispensing, administering,
390	supplying, selling, or giving any drug which is an amphetamine
391	or sympathomimetic amine drug, or a compound designated pursuant
392	to chapter 893 as a Schedule II controlled substance to or for
393	any person except for:
394	1.  The treatment of narcolepsy; hyperkinesis; behavioral
395	syndrome in children characterized by the developmentally
396	inappropriate symptoms of moderate to severe distractability,
397	short attention span, hyperactivity, emotional lability, and
398	impulsivity; or drug-induced brain dysfunction.
399	2.  The differential diagnostic psychiatric evaluation of
400	depression or the treatment of depression shown to be refractory
401	to other therapeutic modalities.
402	3.  The clinical investigation of the effects of such drugs
403	or compounds when an investigative protocol therefor is
404	submitted to, reviewed, and approved by the board department
405	before such investigation is begun.
406	(dd)  Prescribing, ordering, dispensing, administering,
407	supplying, selling, or giving growth hormones, testosterone or
408	its analogs, human chorionic gonadotropin (HCG), or other
409	hormones for the purpose of muscle building or to enhance
410	athletic performance. For the purposes of this subsection, the
411	term "muscle building" does not include the treatment of injured
412	muscle. A prescription written for the drug products listed
413	above may be dispensed by the pharmacist with the presumption
414	that the prescription is for legitimate medical use.
415	(ee)  Violating any provision of this chapter or chapter
416	456, or any rules adopted pursuant thereto.
417	(2)  The board department may enter an order denying
418	licensure or imposing any of the penalties in s. 456.072(2)
419	against any applicant for licensure or licensee who is found
420	guilty of violating any provision of subsection (1) of this
421	section or who is found guilty of violating any provision of s.
422	456.072(1).
423	(3)  The board department shall not reinstate the license
424	of a doctor of naturopathic medicine, naturopathic doctor, or
425	naturopathic physician until such time as the board department
426	is satisfied that such person has complied with all the terms
427	and conditions set forth in the final order and that such person
428	is capable of safely engaging in the practice of naturopathic
429	medicine.
430	(4)  The board department shall by rule establish
431	guidelines for the disposition of disciplinary cases involving
432	specific types of violations. Such guidelines may include
433	minimum and maximum fines, periods of supervision or probation,
434	or conditions of probation or reissuance of a license.
435	Section 10.  Section 462.16, Florida Statutes, is amended
436	to read:
437	462.16  Reissue of license.--Any person who practices
438	naturopathic medicine shall practice naturopathy after her or
439	his license has been revoked and registration annulled shall be
440	deemed to have practiced naturopathic medicine naturopathy
441	without a license; provided, however, at any time after 6 months
442	after the date of said conviction, the department may grant a
443	license to the person affected, restoring to her or him all the
444	rights and privileges of and pertaining to the practice of
445	naturopathic medicine naturopathy as defined and regulated by
446	this chapter. The fee therefor shall be set by the board not to
447	exceed $250.
448	Section 11.  Section 462.17, Florida Statutes, is amended
449	to read:
450	462.17  Penalty for offenses relating to naturopathic
451	medicine naturopathy.--Any person who shall:
452	(1)  Sell, fraudulently obtain, or furnish any naturopathic
453	diploma, license, record, or registration or aid or abet in the
454	same;
455	(2)  Practice naturopathic medicine naturopathy under the
456	cover of any diploma, license, record, or registration illegally
457	or fraudulently obtained or secured or issued unlawfully or upon
458	fraudulent representations;
459	(3)  Advertise to practice naturopathic medicine
460	naturopathy under a name other than her or his own or under an
461	assumed name;
462	(4)  Falsely impersonate another practitioner of a like or
463	different name;
464	(5)  Practice or advertise to practice naturopathic
465	medicine naturopathy or use in connection with her or his name
466	any designation tending to imply or to designate the person as a
467	practitioner of naturopathic medicine naturopathy without then
468	being lawfully licensed and authorized to practice naturopathic
469	medicine naturopathy in this state; or
470	(6)  Practice naturopathic medicine naturopathy during the
471	time her or his license is suspended or revoked
472
473	commits shall be guilty of a felony of the third degree,
474	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
475	Section 12.  Section 462.18, Florida Statutes, is amended
476	to read:
477	462.18  Educational requirements.--
478	(1)  At the time each licensee renews shall renew her or
479	his license as otherwise provided in this chapter, each
480	licensee, beginning with the license renewal due May 1, 1944, in
481	addition to the payment of the regular renewal fee, shall
482	furnish to the board department satisfactory evidence that, in
483	the year preceding each such application for renewal, the
484	licensee has attended the 2-day educational program as
485	promulgated and conducted by the Florida Naturopathic Physicians
486	Association, Inc., or, as a substitute therefor, the equivalent
487	of that program as approved by the board department. The board
488	shall require each licensee to receive at least 40 hours of
489	continuing education every 2 years, including courses on the
490	prevention of medical errors. The licensee must establish that
491	the continuing education was consistent with the requirements of
492	chapter 456. The department shall send a written notice to this
493	effect to every person holding a valid license to practice
494	naturopathic medicine naturopathy within this state at least 30
495	days prior to May 1 in each biennial year, directed to the last
496	known address of such licensee, and shall enclose with the
497	notice proper blank forms for application for annual license
498	renewal. All of the details and requirements of the aforesaid
499	educational program shall be adopted and prescribed by the board
500	department. In the event of national emergencies, or for
501	sufficient reason, the board may department shall have the power
502	to excuse the naturopathic physicians as a group or as
503	individuals from taking this postgraduate course.
504	(2)  The determination of whether a substitute annual
505	educational program is necessary shall be solely within the
506	discretion of the board department.
507	Section 13.  Subsection (3) of section 462.19, Florida
508	Statutes, is amended to read:
509	462.19  Renewal of license; inactive status.--
510	(3)  A licensee may request that her or his license be
511	placed in an inactive status by making application to the
512	department and paying a fee in an amount set by the department
513	not to exceed $100 $50.
514	Section 14.  Section 462.193, Florida Statutes, is created
515	to read:
516	462.193  Licensure by examination; requirements; fees.--
517	(1)  Any person desiring to be licensed as a doctor of
518	naturopathic medicine, naturopathic doctor, or naturopathic
519	physician shall apply to the department on forms furnished by
520	the department. The department shall license each applicant who
521	the board certifies:
522	(a)  Has completed the application form and remitted a
523	nonrefundable application fee set by the board not to exceed
524	$500.
525	(b)  Is at least 21 years of age.
526	(c)  Is of good moral character.
527	(d)  Has not committed any act or offense in this or any
528	other jurisdiction which would constitute the basis for
529	disciplining a doctor of naturopathic medicine, naturopathic
530	doctor, or naturopathic physician pursuant to s. 462.14.
531	(e)  Has been awarded a bachelor's degree from an
532	institution accredited by an accrediting body for the
533	naturopathic medical profession recognized by the United States
534	Department of Education and completed a program of study that
535	included, at a minimum and as determined by rule of the board,
536	courses in such fields as anatomy, biology, and chemistry prior
537	to entering naturopathic medical school.
538	(f)  Meets one of the following naturopathic medical
539	education and postgraduate training requirements:
540	1.  Is a graduate of an approved naturopathic medical
541	program;
542	2.  Is a graduate of an approved school of naturopathic
543	medicine which was licensed by the Florida Commission for
544	Independent Education to grant the degree of Doctor of
545	Naturopathic Medicine prior to July 1, 2004; or
546	3.  Is a graduate of a foreign medical school recognized by
547	the Educational Commission for Foreign Medical Graduates (ECFMG)
548	to be examined in the basic and clinical medical sciences, or a
549	graduate of an accredited United States allopathic,
550	chiropractic, or osteopathic medical school, and has completed
551	at least a 2-year course in naturopathic medicine from a board-
552	approved naturopathic medical school.
553	(g)  Has submitted to the department a set of fingerprints
554	on a form and in accordance with s. 456.039(4)(c) and with
555	procedures specified by the department, along with payment in an
556	amount equal to the costs incurred by the department for the
557	criminal background check of the applicant.
558	(h)  Has obtained a passing score on a competency-based
559	national naturopathic licensing examination administered by the
560	North American Board of Naturopathic Examiners or equivalent or
561	successor agency as recognized by the board. For graduates of an
562	approved naturopathic medical program as defined in s.
563	462.01(5), eligibility for licensure may be granted upon
564	submission of evidence of successful passage of a board-approved
565	state competency examination or a Canadian provincial
566	examination. For graduates of foreign medical schools or
567	allopathic, osteopathic, or chiropractic medical schools who
568	have completed at least a 2-year course in naturopathic medicine
569	from an approved naturopathic medical program, eligibility for
570	licensure may be granted upon submission of evidence of
571	successful passage of their respective medical examinations,
572	part one, in basic medical sciences, and part two, in clinical
573	medical sciences, and successful passage of part two in clinical
574	sciences examinations of the Naturopathic Physicians Licensing
575	Examination administered by the North American Board of
576	Naturopathic Examiners or an equivalent or successor agency that
577	is recognized by the board.
578	(i)  Has completed an approved internship or residency of
579	at least 1 year.
580	(j)  Is physically and mentally fit to practice as a doctor
581	of naturopathic medicine, naturopathic doctor, or naturopathic
582	physician.
583	(k)  Has not had her or his license to practice any
584	profession refused, revoked, or suspended by any other state,
585	district, or territory of the United States or another country
586	for reasons that relate to her or his ability to skillfully and
587	safely practice as a doctor of naturopathic medicine,
588	naturopathic doctor, or naturopathic physician in this state.
589	(l)  Has not been found guilty of a felony.
590	(2)  As prescribed by board rule, the board may require an
591	applicant who does not pass the licensing examination after five
592	attempts to complete additional remedial education or training.
593	The board shall prescribe the additional requirements in a
594	manner that permits the applicant to complete the requirements
595	and be reexamined within 2 years after the date the applicant
596	petitions the board to retake the examination a sixth or
597	subsequent time. The board has the authority to limit the number
598	of times that a person may take the examination.
599	(3)  The department and the board shall ensure that
600	applicants for licensure meet the criteria in subsection (1)
601	through an investigative process. When the investigation is not
602	completed within the time set out in s. 120.60(1) and the board
603	or the department has reason to believe that the applicant does
604	not meet the criteria, the secretary or the secretary's designee
605	may issue a 90-day licensure delay, which must be in writing and
606	sufficient to notify the applicant of the reason for the delay.
607	This subsection controls over any conflicting provisions of s.
608	120.60(1).
609	(4)  The board may not certify to the department for
610	licensure any applicant who is under investigation in another
611	jurisdiction for an offense that would constitute a violation of
612	this chapter until the investigation has been completed. Upon
613	completion of the investigation, s. 462.14 applies. Furthermore,
614	the department may not issue an unrestricted license to any
615	individual who has committed an act or offense in any
616	jurisdiction which would constitute the basis for disciplining a
617	naturopathic physician under s. 462.14. If the board finds that
618	an individual has committed an act or offense in any
619	jurisdiction which would constitute the basis for disciplining a
620	naturopathic physician under s. 462.14, the board may enter an
621	order imposing one or more of the sanctions set forth in ss.
622	462.14 and 456.072(2).
623	(5)  Each applicant who meets the requirements of this
624	chapter shall be licensed as a doctor of naturopathic medicine,
625	naturopathic doctor, or naturopathic physician, with rights as
626	defined by law.
627	(6)  Upon certification by the board, the department shall
628	impose conditions, limitations, or restrictions on a license if
629	the applicant is on probation in another jurisdiction for an act
630	that would constitute a violation of this chapter.
631	(7)  If the board determines that an applicant for
632	licensure has failed to meet, to the board's satisfaction, any
633	of the applicable requirements set forth in this section, it may
634	enter an order that imposes one or more of the following
635	sanctions:
636	(a)  Refusal to certify to the department an application
637	for licensure.
638	(b)  Certification to the department of an application for
639	licensure with restrictions on the scope of practice of the
640	doctor of naturopathic medicine, naturopathic doctor, or
641	naturopathic physician.
642	(c)  Certification to the department of an application for
643	licensure with placement of the doctor of naturopathic medicine,
644	naturopathic doctor, or naturopathic physician on probation for
645	a period of time and subject to such conditions as the board
646	specifies, including, but not limited to, requiring the doctor
647	of naturopathic medicine, naturopathic doctor, or naturopathic
648	physician to submit to treatment, attend continuing education
649	courses, submit to reexamination, or work under the supervision
650	of another doctor of naturopathic medicine, naturopathic doctor,
651	or naturopathic physician.
652	(8)  A person may not promote, identify, or describe
653	herself or himself as a doctor of naturopathic medicine
654	(N.M.D.), naturopathic doctor (N.D.), or naturopathic physician
655	(N.P.) without being licensed pursuant to this chapter.
656	Section 15.  Section 462.195, Florida Statutes, is created
657	to read:
658	462.195  Exemptions from naturopathic licensure
659	requirements.--Licensure requirements for practitioners of
660	naturopathic medicine under this chapter are inapplicable to:
661	(1)  Any individual who is engaged in selling, marketing,
662	distributing, using, or recommending, or furnishing information
663	or counseling about, the use of vitamins, health foods, dietary
664	supplements, herbs, homeopathic remedies, or other products of
665	nature the sale of which is not otherwise prohibited under state
666	or federal law. This exemption does not:
667	(a)  Allow a person to diagnose any human disease, ailment,
668	injury, infirmity, deformity, pain, or other condition; or
669	(b)  Prohibit providing information regarding any of the
670	products listed in this subsection, which information is
671	truthful and is not misleading.
672	(2)  Any individual who is:
673	(a)  Engaged in good faith in the practice of the religious
674	tenets of any church or religious belief, without the use of
675	prescription drugs; or
676	(b)  Acting in good faith for religious reasons as a matter
677	of conscience or on the basis of a personal belief when
678	obtaining or providing information regarding health care and the
679	use of any product.
680	(3)  Any individual who is administering a domestic or
681	family remedy.
682	(4)  No provision of this chapter shall be construed to
683	prohibit any person licensed in this state from the lawful
684	practice of her or his profession under the statutes applicable
685	to the profession of chiropractic physician, podiatric
686	physician, doctor of medicine, massage therapist, nurse,
687	osteopathic physician or surgeon, optometrist, occupational
688	therapist, physical therapist, psychologist, or psychotherapist.
689	Section 16.  Section 462.2001, Florida Statutes, is amended
690	to read:
691	462.2001  Saving clause.--All licenses to practice
692	naturopathic medicine naturopathy issued pursuant to this
693	chapter and valid on July 1, 2005 October 1, 1985, shall remain
694	in full force and effect.
695	Section 17.  Licensed doctors of naturopathic medicine,
696	naturopathic doctors, or naturopathic physicians who hold a
697	license on the effective date of this act shall retain the same
698	rights and privileges as they had before implementation of the
699	amendments to chapter 462, Florida Statutes, by this act.
700	Section 18.  Paragraph (g) of subsection (3) of section
701	20.43, Florida Statutes, is amended to read:
702	20.43  Department of Health.--There is created a Department
703	of Health.
704	(3)  The following divisions of the Department of Health
705	are established:
706	(g)  Division of Medical Quality Assurance, which is
707	responsible for the following boards and professions established
708	within the division:
709	1.  The Board of Acupuncture, created under chapter 457.
710	2.  The Board of Medicine, created under chapter 458.
711	3.  The Board of Osteopathic Medicine, created under
712	chapter 459.
713	4.  The Board of Chiropractic Medicine, created under
714	chapter 460.
715	5.  The Board of Podiatric Medicine, created under chapter
716	461.
717	6.  The Board of Naturopathic Medicine Naturopathy, created
718	as provided under chapter 462.
719	7.  The Board of Optometry, created under chapter 463.
720	8.  The Board of Nursing, created under part I of chapter
721	464.
722	9.  Nursing assistants, as provided under part II of
723	chapter 464.
724	10.  The Board of Pharmacy, created under chapter 465.
725	11.  The Board of Dentistry, created under chapter 466.
726	12.  Midwifery, as provided under chapter 467.
727	13.  The Board of Speech-Language Pathology and Audiology,
728	created under part I of chapter 468.
729	14.  The Board of Nursing Home Administrators, created
730	under part II of chapter 468.
731	15.  The Board of Occupational Therapy, created under part
732	III of chapter 468.
733	16.  Respiratory therapy, as provided under part V of
734	chapter 468.
735	17.  Dietetics and nutrition practice, as provided under
736	part X of chapter 468.
737	18.  The Board of Athletic Training, created under part
738	XIII of chapter 468.
739	19.  The Board of Orthotists and Prosthetists, created
740	under part XIV of chapter 468.
741	20.  Electrolysis, as provided under chapter 478.
742	21.  The Board of Massage Therapy, created under chapter
743	480.
744	22.  The Board of Clinical Laboratory Personnel, created
745	under part III of chapter 483.
746	23.  Medical physicists, as provided under part IV of
747	chapter 483.
748	24.  The Board of Opticianry, created under part I of
749	chapter 484.
750	25.  The Board of Hearing Aid Specialists, created under
751	part II of chapter 484.
752	26.  The Board of Physical Therapy Practice, created under
753	chapter 486.
754	27.  The Board of Psychology, created under chapter 490.
755	28.  School psychologists, as provided under chapter 490.
756	29.  The Board of Clinical Social Work, Marriage and Family
757	Therapy, and Mental Health Counseling, created under chapter
758	491.
759	Section 19.  Subsection (1) of section 381.0031, Florida
760	Statutes, is amended to read:
761	381.0031  Report of diseases of public health significance
762	to department.--
763	(1)  Any practitioner licensed in this state to practice
764	medicine, osteopathic medicine, chiropractic medicine,
765	naturopathic medicine naturopathy, or veterinary medicine; any
766	hospital licensed under part I of chapter 395; or any laboratory
767	licensed under chapter 483 that diagnoses or suspects the
768	existence of a disease of public health significance shall
769	immediately report the fact to the Department of Health.
770
771	This section does not affect s. 384.25.
772	Section 20.  Subsection (10) of section 468.301, Florida
773	Statutes, is amended to read:
774	468.301  Definitions.--As used in this part, the term:
775	(10)  "Licensed practitioner" means a person who is
776	licensed or otherwise authorized by law to practice medicine,
777	podiatric medicine, chiropody, osteopathic medicine,
778	naturopathic medicine naturopathy, or chiropractic medicine in
779	this state.
780	Section 21.  Subsection (1) of section 476.044, Florida
781	Statutes, is amended to read:
782	476.044  Exemptions.--This chapter does not apply to the
783	following persons when practicing pursuant to their professional
784	responsibilities and duties:
785	(1)  Persons authorized under the laws of this state to
786	practice medicine, surgery, osteopathic medicine, chiropractic
787	medicine, naturopathic medicine naturopathy, or podiatric
788	medicine;
789	Section 22.  Paragraph (a) of subsection (1) of section
790	477.0135, Florida Statutes, is amended to read:
791	477.0135  Exemptions.--
792	(1)  This chapter does not apply to the following persons
793	when practicing pursuant to their professional or occupational
794	responsibilities and duties:
795	(a)  Persons authorized under the laws of this state to
796	practice medicine, surgery, osteopathic medicine, chiropractic
797	medicine, massage, naturopathic medicine naturopathy, or
798	podiatric medicine.
799	Section 23.  Subsections (2) and (3) of section 485.003,
800	Florida Statutes, are amended to read:
801	485.003  Definitions.--In construing this chapter, the
802	words, phrases, or terms, unless the context otherwise
803	indicates, shall have the following meanings:
804	(2)  "Healing arts" shall mean the practice of medicine,
805	surgery, psychiatry, dentistry, osteopathic medicine,
806	chiropractic medicine, naturopathic medicine naturopathy,
807	podiatric medicine, chiropody, psychology, clinical social work,
808	marriage and family therapy, mental health counseling, and
809	optometry.
810	(3)  "Practitioner of the healing arts" shall mean a person
811	licensed under the laws of the state to practice medicine,
812	surgery, psychiatry, dentistry, osteopathic medicine,
813	chiropractic medicine, naturopathic medicine naturopathy,
814	podiatric medicine, chiropody, psychology, clinical social work,
815	marriage and family therapy, mental health counseling, or
816	optometry within the scope of his or her professional training
817	and competence and within the purview of the statutes applicable
818	to his or her respective profession, and who may refer a patient
819	for treatment by a qualified person, who shall employ hypnotic
820	techniques under the supervision, direction, prescription, and
821	responsibility of such referring practitioner.
822	Section 24.  Subsection (1) of section 486.161, Florida
823	Statutes, is amended to read:
824	486.161  Exemptions.--
825	(1)  No provision of this chapter shall be construed to
826	prohibit any person licensed in this state from using any
827	physical agent as a part of, or incidental to, the lawful
828	practice of her or his profession under the statutes applicable
829	to the profession of chiropractic physician, podiatric
830	physician, doctor of medicine, massage therapist, nurse,
831	osteopathic physician or surgeon, occupational therapist, or
832	doctor of naturopathic medicine, naturopathic doctor, or
833	naturopathic physician naturopath.
834	Section 25.  Paragraph (h) of subsection (4) of section
835	627.351, Florida Statutes, is amended to read:
836	627.351  Insurance risk apportionment plans.--
837	(4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--
838	(h)  As used in this subsection:
839	1.  "Health care provider" means hospitals licensed under
840	chapter 395; physicians licensed under chapter 458; osteopathic
841	physicians licensed under chapter 459; podiatric physicians
842	licensed under chapter 461; dentists licensed under chapter 466;
843	chiropractic physicians licensed under chapter 460; doctors of
844	naturopathic medicine, naturopathic doctors, or naturopathic
845	physicians naturopaths licensed under chapter 462; nurses
846	licensed under part I of chapter 464; midwives licensed under
847	chapter 467; clinical laboratories registered under chapter 483;
848	physician assistants licensed under chapter 458 or chapter 459;
849	physical therapists and physical therapist assistants licensed
850	under chapter 486; health maintenance organizations certificated
851	under part I of chapter 641; ambulatory surgical centers
852	licensed under chapter 395; other medical facilities as defined
853	in subparagraph 2.; blood banks, plasma centers, industrial
854	clinics, and renal dialysis facilities; or professional
855	associations, partnerships, corporations, joint ventures, or
856	other associations for professional activity by health care
857	providers.
858	2.  "Other medical facility" means a facility the primary
859	purpose of which is to provide human medical diagnostic services
860	or a facility providing nonsurgical human medical treatment, to
861	which facility the patient is admitted and from which facility
862	the patient is discharged within the same working day, and which
863	facility is not part of a hospital. However, a facility existing
864	for the primary purpose of performing terminations of pregnancy
865	or an office maintained by a physician or dentist for the
866	practice of medicine shall not be construed to be an "other
867	medical facility."
868	3.  "Health care facility" means any hospital licensed
869	under chapter 395, health maintenance organization certificated
870	under part I of chapter 641, ambulatory surgical center licensed
871	under chapter 395, or other medical facility as defined in
872	subparagraph 2.
873	Section 26.  Subsection (19) of section 893.02, Florida
874	Statutes, is amended to read:
875	893.02  Definitions.--The following words and phrases as
876	used in this chapter shall have the following meanings, unless
877	the context otherwise requires:
878	(19)  "Practitioner" means a physician licensed pursuant to
879	chapter 458, a dentist licensed pursuant to chapter 466, a
880	veterinarian licensed pursuant to chapter 474, an osteopathic
881	physician licensed pursuant to chapter 459, a doctor of
882	naturopathic medicine, naturopathic doctor, or naturopathic
883	physician naturopath licensed pursuant to chapter 462, or a
884	podiatric physician licensed pursuant to chapter 461, provided
885	such practitioner holds a valid federal controlled substance
886	registry number.
887	Section 27.  Paragraph (g) of subsection (3) of section
888	921.0022, Florida Statutes, is amended to read:
889	921.0022  Criminal Punishment Code; offense severity
890	ranking chart.--
891	(3)  OFFENSE SEVERITY RANKING CHART
892
	FloridaStatute FelonyDegree Description
893
	(g)  LEVEL 7
894
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
895
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
896
	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.
897
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
898
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
899
	409.920(2) 3rd Medicaid provider fraud.
900
	456.065(2) 3rd Practicing a health care profession without a license.
901
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
902
	458.327(1) 3rd Practicing medicine without a license.
903
	459.013(1) 3rd Practicing osteopathic medicine without a license.
904
	460.411(1) 3rd Practicing chiropractic medicine without a license.
905
	461.012(1) 3rd Practicing podiatric medicine without a license.
906
	462.17 3rd Practicing naturopathic medicine naturopathy without a license.
907
	463.015(1) 3rd Practicing optometry without a license.
908
	464.016(1) 3rd Practicing nursing without a license.
909
	465.015(2) 3rd Practicing pharmacy without a license.
910
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
911
	467.201 3rd Practicing midwifery without a license.
912
	468.366 3rd Delivering respiratory care services without a license.
913
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
914
	483.901(9) 3rd Practicing medical physics without a license.
915
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
916
	484.053 3rd Dispensing hearing aids without a license.
917
	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.
918
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
919
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
920
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
921
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
922
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
923
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
924
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
925
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
926
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
927
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
928
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
929
	784.048(7) 3rd Aggravated stalking; violation of court order.
930
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
931
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
932
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
933
	784.081(1) 1st Aggravated battery on specified official or employee.
934
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
935
	784.083(1) 1st Aggravated battery on code inspector.
936
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
937
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
938
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
939
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
940
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
941
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
942
	796.03 2nd Procuring any person under 16 years for prostitution.
943
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
944
	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.
945
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
946
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
947
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
948
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
949
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
950
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
951
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
952
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
953
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
954
	812.131(2)(a) 2nd Robbery by sudden snatching.
955
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
956
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
957
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
958
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
959
	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.
960
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
961
	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.
962
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
963
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
964
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
965
	838.015 2nd Bribery.
966
	838.016 2nd Unlawful compensation or reward for official behavior.
967
	838.021(3)(a) 2nd Unlawful harm to a public servant.
968
	838.22 2nd Bid tampering.
969
	872.06 2nd Abuse of a dead human body.
970
	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.
971
	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.
972
	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).
973
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
974
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
975
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
976
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
977
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
978
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
979
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
980
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
981
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
982
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
983
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
984
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
985
986	Section 28.  Section 462.30, Florida Statutes, is created
987	to read:
988	462.30  Naturopathic Medical Formulary Council.--
989	(1)  The Naturopathic Medical Formulary Council is
990	established, which is separate and distinct from the board, to
991	be composed of seven members. Two members shall be doctors of
992	naturopathic medicine, naturopathic doctors, or naturopathic
993	physicians licensed under this chapter appointed by the Board of
994	Naturopathic Medicine. Three members shall be pharmacists
995	licensed under chapter 465 appointed by the Board of
996	Naturopathic Medicine from a list of nominees provided by the
997	Board of Pharmacy. Two members shall be physicians licensed
998	under chapter 458 appointed by the Board of Naturopathic
999	Medicine from a list of nominees provided by the Board of
1000	Medicine. The initial council shall be appointed as follows: One
1001	doctor of naturopathic medicine, naturopathic doctor, or
1002	naturopathic physician shall be appointed for a 1-year term; one
1003	physician licensed under chapter 458 and one pharmacist shall
1004	each be appointed for a 2-year term; and two pharmacists, one
1005	doctor of naturopathic medicine, naturopathic doctor, or
1006	naturopathic physician, and one physician licensed under chapter
1007	458 shall each be appointed for a 3-year term. Thereafter, the
1008	term of office shall be 3 years. A quorum shall consist of five
1009	members and shall be required for any vote to be taken.
1010	(2)  The council shall establish a formulary for use by
1011	naturopathic physicians and immediately upon adoption or
1012	revision of the formulary, the council shall transmit the
1013	approved formulary to the board, which shall adopt the formulary
1014	by temporary rule. The formulary shall be reviewed annually by
1015	the council or at any time at the request of the board. The
1016	formulary may not go beyond the scope of prescription medicines
1017	and medical devices covered by approved naturopathic medical
1018	education and training and existing naturopathic medical
1019	formularies or board-approved continuing education. The
1020	naturopathic medical formulary shall not include medicines and
1021	devices that are inconsistent with the training provided by
1022	approved naturopathic medical colleges or universities. Nothing
1023	in this section authorizes a doctor of naturopathic medicine,
1024	naturopathic doctor, or naturopathic physician to dispense,
1025	administer, or prescribe any prescription drug as defined in s.
1026	893.03 or medical device unless such prescription drug or
1027	medical device is specifically included in the naturopathic
1028	medical formulary.
1029	Section 29.  Section 462.40, Florida Statutes, is created
1030	to read:
1031	462.40  Disclosure of medications by patients.--Patients
1032	who are provided prescriptions for medications, nutrients, or
1033	other natural medicine substances by their treating doctor of
1034	naturopathic medicine, naturopathic doctor, or naturopathic
1035	physician shall have the responsibility to advise their primary
1036	care physician or other treating health care provider of the
1037	medications or substances that have been prescribed or
1038	recommended by their doctor of naturopathic medicine,
1039	naturopathic doctor, or naturopathic physician. Doctors of
1040	naturopathic medicine, naturopathic doctors, or naturopathic
1041	physicians shall have the responsibility to advise their
1042	patients of this requirement in writing, maintain a signed copy
1043	of the disclosure in the medical records of that patient, and
1044	provide a copy of the disclosure to their patients upon request.
1045	Failure of any patient to disclose medication prescribed by a
1046	doctor of naturopathic medicine, naturopathic doctor, or
1047	naturopathic physician as required by this section shall
1048	establish a presumption that subsequent injuries sustained by
1049	such patient were caused by the failure to disclose medication
1050	prescribed by a doctor of naturopathic medicine, naturopathic
1051	doctor, or naturopathic physician. This presumption may be
1052	rebutted by clear and convincing evidence that such patient's
1053	injuries were caused by the negligence of the primary care
1054	physician.
1055	Section 30.  This act shall take effect January 1, 2006.

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