HB 1261

1	A bill to be entitled
2	An act relating to naturopathic medicine; providing a
3	short title; changing the title of ch. 462, F.S., from
4	"Naturopathy" to "Naturopathic Medicine"; amending s.
5	462.01, F.S.; revising and providing definitions; creating
6	s. 462.0215, F.S.; creating the Board of Naturopathic
7	Medicine; providing membership and duties of the board;
8	providing guidelines for probable cause panels and
9	disciplinary decisions; providing applicability of ch.
10	456, F.S.; amending s. 462.023, F.S.; providing powers and
11	duties of the board under ch. 462, F.S., including
12	rulemaking authority; deleting obsolete language; amending
13	s. 462.08, F.S.; conforming terminology; amending s.
14	462.11, F.S.; conforming and correcting terminology;
15	amending s. 462.13, F.S.; providing additional powers and
16	duties of the board; amending s. 462.14, F.S.; specifying
17	authority of the board and the department with respect to
18	disciplinary action and revising grounds for disciplinary
19	action with respect to such authority; conforming
20	terminology; amending s. 462.16, F.S.; specifying
21	authority for setting the fee for the reissuance of
22	license under certain circumstances; conforming
23	terminology; amending s. 462.17, F.S.; conforming
24	terminology; amending s. 462.18, F.S.; revising
25	educational requirements; conforming terminology; amending
26	s. 462.19, F.S.; increasing the maximum amount at which
27	the inactive status fee may be set; creating s. 462.193,
28	F.S.; providing requirements for licensure as a doctor of
29	naturopathic medicine, naturopathic doctor, or
30	naturopathic physician; providing fees; providing grounds
31	for denying or restricting licenses; providing for the
32	applicability of certain rights to doctors of naturopathic
33	medicine, naturopathic doctors, or naturopathic physicians
34	who have certain qualifications; creating s. 462.195,
35	F.S.; providing exemptions from licensure requirements;
36	amending s. 462.2001, F.S.; updating the saving clause;
37	conforming terminology; providing that certain rights and
38	privileges of active licensees are retained; amending ss.
39	20.43, 381.0031, 468.301, 476.044, 477.0135, 485.003,
40	486.161, 627.351, 893.02, and 921.0022, F.S.; conforming
41	terminology; creating s. 462.30, F.S.; establishing the
42	Naturopathic Medical Formulary Council; providing for
43	membership and terms; providing for establishment of a
44	formulary for doctors of naturopathic medicine,
45	naturopathic doctors, and naturopathic physicians;
46	creating s. 462.40, F.S.; providing responsibility of
47	patients to disclose to their primary care physicians
48	medications prescribed or recommended by doctors of
49	naturopathic medicine, naturopathic doctors, and
50	naturopathic physicians; providing an effective date.
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  This act may be cited as the "Dr. R. Wilson
55	Geldner Naturopathic Medicine Act of 2006."
56	Section 2.  Chapter 462, Florida Statutes, which is
57	entitled "Naturopathy," is redesignated as "Naturopathic
58	Medicine."
59	Section 3.  Section 462.01, Florida Statutes, is amended to
60	read:
61	462.01  Definitions.--As used in this chapter, the term:
62	(1)  "Board" means the Board of Naturopathic Medicine.
63	(2)  "Department" means the Department of Health.
64	(3)  "Doctor of naturopathic medicine," "naturopathic
65	doctor," or "naturopathic physician" means a person licensed to
66	practice naturopathic medicine under this chapter.
67	(4)(1)  "Natureopathy," and "naturopathy," and
68	"naturopathic medicine" shall be construed as synonymous terms
69	and mean a distinct and comprehensive system of primary health
70	care for the prevention, diagnosis, and treatment of human
71	health conditions, injuries, and disease; the promotion or
72	restoration of health; and the support and stimulation of a
73	patient's self-healing processes through patient education and
74	use of natural therapies and therapeutic substances. Doctors of
75	naturopathic medicine employ the use and practice of
76	psychological, mechanical, and material health sciences to aid
77	in purifying, cleansing, and normalizing human tissues for the
78	preservation or restoration of health, according to the
79	fundamental principles of anatomy, physiology, and applied
80	psychology, as may be required. Naturopathic medicine practice
81	employs, among other agencies, phytotherapy, dietetics,
82	psychotherapy, suggestotherapy, hydrotherapy, zone therapy,
83	biochemistry, external applications, electrotherapy,
84	mechanotherapy, mechanical and electrical appliances, hygiene,
85	first aid, sanitation, the administration of vitamins, food, and
86	food supplements, and heliotherapy.; provided, However, that
87	nothing in this chapter shall be held or construed to authorize
88	any doctor of naturopathic medicine, naturopathic doctor, or
89	naturopathic physician licensed under this chapter hereunder to
90	practice materia medica, or surgery, or chiropractic medicine,
91	acupuncture, oriental medicine, child birth attendance, or
92	midwifery, or to examine, diagnose, or treat teeth and gums, nor
93	shall the provisions of this chapter law in any manner apply to
94	or affect the practice of osteopathic medicine, chiropractic
95	medicine, Christian Science, or any other treatment authorized
96	and provided for by law for the cure or prevention of disease
97	and ailments. It is recognized that many of the therapies used
98	by naturopathic physicians, including, but not limited to,
99	homeopathic remedies, nutritional and dietary supplements,
100	herbs, and such physical forces as heat, cold, water, touch, and
101	light, are not the exclusive privilege of naturopathic
102	physicians. Consistent with the requirements of s. 11.62, the
103	Sunrise Act, it is not the intent of this act to prohibit or
104	restrict to naturopathic physicians the use of the modalities
105	identified in this chapter.
106	(5)  "Approved naturopathic medical program" means:
107	(a)  A naturopathic medical education program in the United
108	States that is accredited by, or has candidacy status with, the
109	Council on Naturopathic Medical Education or an equivalent
110	accrediting body for the naturopathic medical profession that is
111	recognized by the United States Department of Education and the
112	board. This program shall offer graduate-level didactic and
113	supervised clinical training leading to the degree of Doctor of
114	Naturopathy or Doctor of Naturopathic Medicine; or
115	(b)  A degree-granting college or university that offers a
116	full-time structured curriculum in basic sciences and supervised
117	patient care comprising a doctoral naturopathic medical
118	education. As a prerequisite to graduation from a college of
119	liberal arts and naturopathic medicine which is reputable and in
120	good standing in the judgment of the board, a student must have
121	been enrolled for not less than 132 weeks and must complete the
122	course of study within a period of not less than 35 months.
123	"Reputable and in good standing" means the college or university
124	is accredited by an accrediting body for the naturopathic
125	medical profession recognized by the United States Department of
126	Education and that is licensed by the Commission for Independent
127	Education.
128	Section 4.  Section 462.0215, Florida Statutes, is created
129	to read:
130	462.0215  Board of Naturopathic Medicine.--
131	(1)  There is created within the department the Board of
132	Naturopathic Medicine, composed of seven members appointed by
133	the Governor and confirmed by the Senate.
134	(2)(a)  Five members of the board must be:
135	1.  Licensed doctors of naturopathic medicine or
136	naturopathic physicians in good standing in this state who are
137	residents of the state and who have been engaged in the practice
138	of naturopathic medicine for at least 5 years; or
139	2.  Persons who have been teaching naturopathic medicine
140	and who hold a doctorate of naturopathic medicine from an
141	institution accredited by an accrediting body recognized by the
142	United States Department of Education.
143	(b)  The remaining two members of the board must be
144	residents of the state who are not and never have been licensed
145	health care practitioners.
146	(c)  At least one member of the board must be 60 years of
147	age or older.
148	(3)  For the purpose of staggering terms, the Governor
149	shall initially appoint to the board three members for terms of
150	4 years each, two members for terms of 3 years each, and two
151	members for terms of 2 years each. As the terms of board members
152	expire, the Governor shall appoint successors for terms of 4
153	years and such members shall serve until their successors are
154	appointed.
155	(4)  The board, in conjunction with the department, shall
156	establish a disciplinary training program for members of the
157	board. The program shall provide for initial and periodic
158	training in the grounds for disciplinary action, the actions
159	that may be taken by the board and the department, changes in
160	relevant statutes and rules, and any relevant judicial and
161	administrative decisions. A member of the board may not
162	participate on a probable cause panel or in a disciplinary
163	decision of the board unless she or he has completed the
164	disciplinary training program.
165	(5)  During the time members of the board are appointed to
166	a probable cause panel, they shall attempt to complete their
167	work on every case presented to them. If consideration of a case
168	is begun but is not completed during the term of the board
169	members on the panel, they may reconvene as a probable cause
170	panel for the purpose of completing their deliberations on that
171	case.
172	(6)  All provisions of chapter 456 relating to activities
173	of the board are applicable.
174	Section 5.  Section 462.023, Florida Statutes, is amended
175	to read:
176	462.023  Powers and duties of the board and the
177	department.--The board and the department may adopt such rules
178	as are necessary to carry out the purposes of this chapter, may
179	initiate disciplinary action as provided by this chapter, and
180	shall establish fees as provided by this chapter based on their
181	its estimates of the revenue required to administer this chapter
182	provided the fees do but shall not exceed the fee amounts
183	provided in this chapter. The department shall not adopt any
184	rules which would cause any person who was not licensed in
185	accordance with this chapter on July 1, 1959, and had not been a
186	resident of the state for 2 years prior to such date, to become
187	licensed.
188	Section 6.  Section 462.08, Florida Statutes, is amended to
189	read:
190	462.08  Renewal of license to practice naturopathic
191	medicine naturopathy.--Each licensee licenseholder shall
192	biennially renew her or his license to practice naturopathic
193	medicine naturopathy. The applicant must furnish to the board
194	department such evidence as it requires of the applicant's
195	compliance with s. 462.18, relating to educational requirements.
196	The biennial renewal fee, the amount of which shall be
197	determined by the board department but which may not exceed
198	$1,000, must be paid at the time the application for renewal of
199	the license is filed.
200	Section 7.  Section 462.11, Florida Statutes, is amended to
201	read:
202	462.11  Doctors of naturopathic medicine, naturopathic
203	doctors, or naturopathic physicians Naturopaths to observe
204	regulations.--Doctors of naturopathic medicine, naturopathic
205	doctors, or naturopathic physicians naturopathy shall observe
206	and be subject to all state, county, and municipal regulations
207	in regard to the control of contagious and infectious diseases,
208	the reporting of births and deaths, and to any and all other
209	matters pertaining to the public health in the same manner as is
210	required of other practitioners of the healing arts art.
211	Section 8.  Section 462.13, Florida Statutes, is amended to
212	read:
213	462.13  Additional powers and duties of the board and the
214	department.--The board and the department may administer oaths,
215	summon witnesses, and take testimony in all matters relating to
216	their its duties pursuant to this chapter. Every unrevoked
217	license shall be presumptive evidence in all courts and places
218	that the person therein named is legally licensed to practice
219	naturopathic medicine naturopathy. The board and the department
220	shall aid the prosecuting attorneys of the state in the
221	enforcement of this chapter.
222	Section 9.  Section 462.14, Florida Statutes, is amended to
223	read:
224	462.14  Grounds for disciplinary action; action by the
225	board and the department.--
226	(1)  The following acts constitute grounds for denial of a
227	license or disciplinary action, as specified in s. 456.072(2):
228	(a)  Attempting to obtain, obtaining, or renewing a license
229	to practice naturopathic medicine by bribery, by fraudulent
230	misrepresentation, or through an error of the board or the
231	department.
232	(b)  Having a license to practice naturopathic medicine
233	revoked, suspended, or otherwise acted against, including the
234	denial of licensure, by the licensing authority of another
235	state, territory, or country.
236	(c)  Being convicted or found guilty, regardless of
237	adjudication, of a crime in any jurisdiction which directly
238	relates to the practice of naturopathic medicine or to the
239	ability to practice naturopathic medicine. Any plea of nolo
240	contendere shall be considered a conviction for purposes of this
241	chapter.
242	(d)  False, deceptive, or misleading advertising.
243	(e)  Advertising, practicing, or attempting to practice
244	under a name other than one's own.
245	(f)  Failing to report to the department any person who the
246	licensee knows is in violation of this chapter or of the rules
247	of the board or the department.
248	(g)  Aiding, assisting, procuring, or advising any
249	unlicensed person to practice naturopathic medicine contrary to
250	this chapter or to a rule of the board or the department.
251	(h)  Failing to perform any statutory or legal obligation
252	placed upon a licensed doctor of naturopathic medicine,
253	naturopathic doctor, or naturopathic physician.
254	(i)  Making or filing a report which the licensee knows to
255	be false, intentionally or negligently failing to file a report
256	or record required by state or federal law, willfully impeding
257	or obstructing such filing or inducing another person to do so.
258	Such reports or records shall include only those which are
259	signed in the capacity as a licensed doctor of naturopathic
260	medicine, naturopathic doctor, or naturopathic physician.
261	(j)  Paying or receiving any commission, bonus, kickback,
262	or rebate, or engaging in any split-fee arrangement in any form
263	whatsoever with a physician, organization, agency, or person,
264	either directly or indirectly, for patients referred to
265	providers of health care goods and services, including, but not
266	limited to, hospitals, nursing homes, clinical laboratories,
267	ambulatory surgical centers, or pharmacies. The provisions of
268	this paragraph shall not be construed to prevent a doctor of
269	naturopathic medicine, naturopathic doctor, or naturopathic
270	physician from receiving a fee for professional consultation
271	services.
272	(k)  Exercising influence within a patient-physician
273	relationship for purposes of engaging a patient in sexual
274	activity. A patient shall be presumed to be incapable of giving
275	free, full, and informed consent to sexual activity with her or
276	his physician.
277	(l)  Making deceptive, untrue, or fraudulent
278	representations in the practice of naturopathic medicine or
279	employing a trick or scheme in the practice of naturopathic
280	medicine when such scheme or trick fails to conform to the
281	generally prevailing standards of treatment in the medical
282	community.
283	(m)  Soliciting patients, either personally or through an
284	agent, through the use of fraud, intimidation, undue influence,
285	or a form of overreaching or vexatious conduct. A "solicitation"
286	is any communication which directly or implicitly requests an
287	immediate oral response from the recipient.
288	(n)  Failing to keep written medical records justifying the
289	course of treatment of the patient, including, but not limited
290	to, patient histories, examination results, test results, X
291	rays, and records of the prescribing, dispensing, and
292	administering of drugs.
293	(o)  Exercising influence on the patient or client in such
294	a manner as to exploit the patient or client for the financial
295	gain of the licensee or of a third party, which shall include,
296	but not be limited to, the promoting or selling of services,
297	goods, appliances, or drugs and the promoting or advertising on
298	any prescription form of a community pharmacy unless the form
299	also states "This prescription may be filled at any pharmacy of
300	your choice."
301	(p)  Performing professional services which have not been
302	duly authorized by the patient or client, or her or his legal
303	representative, except as provided in s. 743.064, s. 766.103, or
304	s. 768.13.
305	(q)  Prescribing, dispensing, administering, mixing, or
306	otherwise preparing a legend drug, including any controlled
307	substance, other than in the course of the doctor of
308	naturopathic medicine's, naturopathic doctor's, or naturopathic
309	physician's professional practice. For the purposes of this
310	paragraph, it shall be legally presumed that prescribing,
311	dispensing, administering, mixing, or otherwise preparing legend
312	drugs, including all controlled substances, inappropriately or
313	in excessive or inappropriate quantities is not in the best
314	interest of the patient and is not in the course of the doctor
315	of naturopathic medicine's, naturopathic doctor's, or
316	naturopathic physician's professional practice, without regard
317	to her or his intent.
318	(r)  Prescribing, dispensing, or administering any
319	medicinal drug appearing on any schedule set forth in chapter
320	893 by the doctor of naturopathic medicine, naturopathic doctor,
321	or naturopathic physician to herself or himself, except one
322	prescribed, dispensed, or administered to the doctor of
323	naturopathic medicine, naturopathic doctor, or naturopathic
324	physician by another practitioner authorized to prescribe,
325	dispense, or administer medicinal drugs.
326	(s)  Being unable to practice naturopathic medicine with
327	reasonable skill and safety to patients by reason of illness or
328	use of alcohol, drugs, narcotics, chemicals, or any other type
329	of material or as a result of any mental or physical condition.
330	In enforcing this paragraph, the department shall have, upon
331	probable cause, authority to compel a doctor of naturopathic
332	medicine, naturopathic doctor, or naturopathic physician to
333	submit to a mental or physical examination by physicians
334	designated by the department. The failure of a doctor of
335	naturopathic medicine, naturopathic doctor, or naturopathic
336	physician to submit to such an examination when so directed
337	shall constitute an admission of the allegations against her or
338	him upon which a default and final order may be entered without
339	the taking of testimony or presentation of evidence, unless the
340	failure was due to circumstances beyond the doctor of
341	naturopathic medicine's, naturopathic doctor's, or naturopathic
342	physician's control. A doctor of naturopathic medicine,
343	naturopathic doctor, or naturopathic physician affected under
344	this paragraph shall at reasonable intervals be afforded an
345	opportunity to demonstrate that she or he can resume the
346	competent practice of naturopathic medicine with reasonable
347	skill and safety to patients. In any proceeding under this
348	paragraph, neither the record of proceedings nor the orders
349	entered by the department may be used against a doctor of
350	naturopathic medicine, naturopathic doctor, or naturopathic
351	physician in any other proceeding.
352	(t)  Gross or repeated malpractice or the failure to
353	practice naturopathic medicine with that level of care, skill,
354	and treatment which is recognized by a reasonably prudent
355	similar physician as being acceptable under similar conditions
356	and circumstances. The board department shall give great weight
357	to the provisions of s. 766.102 when enforcing this paragraph.
358	(u)  Performing any procedure or prescribing any therapy
359	which, by the prevailing standards of medical practice in the
360	community, constitutes experimentation on a human subject,
361	without first obtaining full, informed, and written consent.
362	(v)  Practicing or offering to practice beyond the scope
363	permitted by law or accepting and performing professional
364	responsibilities which the licensee knows or has reason to know
365	that she or he is not competent to perform.
366	(w)  Delegating professional responsibilities to a person
367	when the licensee delegating such responsibilities knows or has
368	reason to know that such person is not qualified by training,
369	experience, or licensure to perform them.
370	(x)  Violating a lawful order of the board or the
371	department previously entered in a disciplinary hearing or
372	failing to comply with a lawfully issued subpoena of the
373	department.
374	(y)  Conspiring with another licensee or with any other
375	person to commit an act, or committing an act, which would tend
376	to coerce, intimidate, or preclude another licensee from
377	lawfully advertising her or his services.
378	(z)  Procuring, or aiding or abetting in the procuring of,
379	an unlawful termination of pregnancy.
380	(aa)  Presigning blank prescription forms.
381	(bb)  Prescribing by the doctor of naturopathic medicine,
382	naturopathic doctor, or naturopathic physician for office use
383	any controlled substance medicinal drug appearing on Schedule I,
384	Schedule II, or Schedule III in chapter 893.
385	(cc)  Prescribing, ordering, dispensing, administering,
386	supplying, selling, or giving any drug which is an amphetamine
387	or sympathomimetic amine drug, or a compound designated pursuant
388	to chapter 893 as a Schedule II controlled substance to or for
389	any person except for:
390	1.  The treatment of narcolepsy; hyperkinesis; behavioral
391	syndrome in children characterized by the developmentally
392	inappropriate symptoms of moderate to severe distractability,
393	short attention span, hyperactivity, emotional lability, and
394	impulsivity; or drug-induced brain dysfunction.
395	2.  The differential diagnostic psychiatric evaluation of
396	depression or the treatment of depression shown to be refractory
397	to other therapeutic modalities.
398	3.  The clinical investigation of the effects of such drugs
399	or compounds when an investigative protocol therefor is
400	submitted to, reviewed, and approved by the board department
401	before such investigation is begun.
402	(dd)  Prescribing, ordering, dispensing, administering,
403	supplying, selling, or giving growth hormones, testosterone or
404	its analogs, human chorionic gonadotropin (HCG), or other
405	hormones for the purpose of muscle building or to enhance
406	athletic performance. For the purposes of this subsection, the
407	term "muscle building" does not include the treatment of injured
408	muscle. A prescription written for the drug products listed
409	above may be dispensed by the pharmacist with the presumption
410	that the prescription is for legitimate medical use.
411	(ee)  Violating any provision of this chapter or chapter
412	456, or any rules adopted pursuant thereto.
413	(2)  The board department may enter an order denying
414	licensure or imposing any of the penalties in s. 456.072(2)
415	against any applicant for licensure or licensee who is found
416	guilty of violating any provision of subsection (1) of this
417	section or who is found guilty of violating any provision of s.
418	456.072(1).
419	(3)  The board department shall not reinstate the license
420	of a doctor of naturopathic medicine, naturopathic doctor, or
421	naturopathic physician until such time as the board department
422	is satisfied that such person has complied with all the terms
423	and conditions set forth in the final order and that such person
424	is capable of safely engaging in the practice of naturopathic
425	medicine.
426	(4)  The board department shall by rule establish
427	guidelines for the disposition of disciplinary cases involving
428	specific types of violations. Such guidelines may include
429	minimum and maximum fines, periods of supervision or probation,
430	or conditions of probation or reissuance of a license.
431	Section 10.  Section 462.16, Florida Statutes, is amended
432	to read:
433	462.16  Reissue of license.--Any person who practices
434	naturopathic medicine shall practice naturopathy after her or
435	his license has been revoked and registration annulled shall be
436	deemed to have practiced naturopathic medicine naturopathy
437	without a license; provided, however, at any time after 6 months
438	after the date of said conviction, the department may grant a
439	license to the person affected, restoring to her or him all the
440	rights and privileges of and pertaining to the practice of
441	naturopathic medicine naturopathy as defined and regulated by
442	this chapter. The fee therefor shall be set by the board not to
443	exceed $250.
444	Section 11.  Section 462.17, Florida Statutes, is amended
445	to read:
446	462.17  Penalty for offenses relating to naturopathic
447	medicine naturopathy.--Any person who shall:
448	(1)  Sell, fraudulently obtain, or furnish any naturopathic
449	diploma, license, record, or registration or aid or abet in the
450	same;
451	(2)  Practice naturopathic medicine naturopathy under the
452	cover of any diploma, license, record, or registration illegally
453	or fraudulently obtained or secured or issued unlawfully or upon
454	fraudulent representations;
455	(3)  Advertise to practice naturopathic medicine
456	naturopathy under a name other than her or his own or under an
457	assumed name;
458	(4)  Falsely impersonate another practitioner of a like or
459	different name;
460	(5)  Practice or advertise to practice naturopathic
461	medicine naturopathy or use in connection with her or his name
462	any designation tending to imply or to designate the person as a
463	practitioner of naturopathic medicine naturopathy without then
464	being lawfully licensed and authorized to practice naturopathic
465	medicine naturopathy in this state; or
466	(6)  Practice naturopathic medicine naturopathy during the
467	time her or his license is suspended or revoked
468
469	commits shall be guilty of a felony of the third degree,
470	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
471	Section 12.  Section 462.18, Florida Statutes, is amended
472	to read:
473	462.18  Educational requirements.--
474	(1)  At the time each licensee renews shall renew her or
475	his license as otherwise provided in this chapter, each
476	licensee, beginning with the license renewal due May 1, 1944, in
477	addition to the payment of the regular renewal fee, shall
478	furnish to the board department satisfactory evidence that, in
479	the year preceding each such application for renewal, the
480	licensee has attended the 2-day educational program as
481	promulgated and conducted by the Florida Naturopathic Physicians
482	Association, Inc., or, as a substitute therefor, the equivalent
483	of that program as approved by the board department. The board
484	shall require each licensee to receive at least 40 hours of
485	continuing education every 2 years, including courses on the
486	prevention of medical errors. The licensee shall establish that
487	the continuing education was consistent with the requirements of
488	chapter 456. The department shall send a written notice to this
489	effect to every person holding a valid license to practice
490	naturopathic medicine naturopathy within this state at least 30
491	days prior to May 1 in each biennial year, directed to the last
492	known address of such licensee, and shall enclose with the
493	notice proper blank forms for application for annual license
494	renewal. All of the details and requirements of the aforesaid
495	educational program shall be adopted and prescribed by the board
496	department. In the event of national emergencies, or for
497	sufficient reason, the board may department shall have the power
498	to excuse the naturopathic physicians as a group or as
499	individuals from taking this postgraduate course.
500	(2)  The determination of whether a substitute annual
501	educational program is necessary shall be solely within the
502	discretion of the board department.
503	Section 13.  Subsection (3) of section 462.19, Florida
504	Statutes, is amended to read:
505	462.19  Renewal of license; inactive status.--
506	(3)  A licensee may request that her or his license be
507	placed in an inactive status by making application to the
508	department and paying a fee in an amount set by the department
509	not to exceed $100 $50.
510	Section 14.  Section 462.193, Florida Statutes, is created
511	to read:
512	462.193  Licensure by examination; requirements; fees.--
513	(1)  Any person desiring to be licensed as a doctor of
514	naturopathic medicine, naturopathic doctor, or naturopathic
515	physician shall apply to the department on forms furnished by
516	the department. The department shall license each applicant who
517	the board certifies:
518	(a)  Has completed the application form and remitted a
519	nonrefundable application fee set by the board not to exceed
520	$500.
521	(b)  Is at least 21 years of age.
522	(c)  Is of good moral character.
523	(d)  Has not committed any act or offense in this or any
524	other jurisdiction which would constitute the basis for
525	disciplining a doctor of naturopathic medicine, naturopathic
526	doctor, or naturopathic physician pursuant to s. 462.14.
527	(e)  Has been awarded a bachelor's degree from an
528	institution accredited by an accrediting body for the
529	naturopathic medical profession recognized by the United States
530	Department of Education and completed a program of study that
531	included, at a minimum and as determined by rule of the board,
532	courses in such fields as anatomy, biology, and chemistry prior
533	to entering naturopathic medical school.
534	(f)  Meets one of the following naturopathic medical
535	education and postgraduate training requirements:
536	1.  Is a graduate of an approved naturopathic medical
537	program;
538	2.  Is a graduate of an approved school of naturopathic
539	medicine which was licensed by the Florida Commission for
540	Independent Education to grant the degree of Doctor of
541	Naturopathic Medicine prior to July 1, 2004; or
542	3.  Is a graduate of a foreign medical school recognized by
543	the Educational Commission for Foreign Medical Graduates (ECFMG)
544	to be examined in the basic and clinical medical sciences, or a
545	graduate of an accredited United States allopathic,
546	chiropractic, or osteopathic medical school, and has completed
547	at least a 2-year course in naturopathic medicine from a board-
548	approved naturopathic medical school.
549	(g)  Has submitted to the department a set of fingerprints
550	on a form and in accordance with s. 456.039(4)(c) and with
551	procedures specified by the department, along with payment in an
552	amount equal to the costs incurred by the department for the
553	criminal background check of the applicant.
554	(h)  Has obtained a passing score on a competency-based
555	national naturopathic licensing examination administered by the
556	North American Board of Naturopathic Examiners or equivalent or
557	successor agency as recognized by the board. For graduates of an
558	approved naturopathic medical program as defined in s.
559	462.01(5), eligibility for licensure may be granted upon
560	submission of evidence of successful passage of a board-approved
561	state competency examination or a Canadian provincial
562	examination. For graduates of foreign medical schools or
563	allopathic, osteopathic, or chiropractic medical schools who
564	have completed at least a 2-year course in naturopathic medicine
565	from an approved naturopathic medical program, eligibility for
566	licensure may be granted upon submission of evidence of
567	successful passage of their respective medical examinations,
568	part one, in basic medical sciences, and part two, in clinical
569	medical sciences, and successful passage of part two in clinical
570	sciences examinations of the Naturopathic Physicians Licensing
571	Examination administered by the North American Board of
572	Naturopathic Examiners or an equivalent or successor agency that
573	is recognized by the board.
574	(i)  Has completed an approved internship or residency of
575	at least 1 year.
576	(j)  Is physically and mentally fit to practice as a doctor
577	of naturopathic medicine, naturopathic doctor, or naturopathic
578	physician.
579	(k)  Has not had her or his license to practice any
580	profession refused, revoked, or suspended by any other state,
581	district, or territory of the United States or another country
582	for reasons that relate to her or his ability to skillfully and
583	safely practice as a doctor of naturopathic medicine,
584	naturopathic doctor, or naturopathic physician in this state.
585	(l)  Has not been found guilty of a felony.
586	(2)  As prescribed by board rule, the board may require an
587	applicant who does not pass the licensing examination after five
588	attempts to complete additional remedial education or training.
589	The board shall prescribe the additional requirements in a
590	manner that permits the applicant to complete the requirements
591	and be reexamined within 2 years after the date the applicant
592	petitions the board to retake the examination a sixth or
593	subsequent time. The board has the authority to limit the number
594	of times that a person may take the examination.
595	(3)  The department and the board shall ensure that
596	applicants for licensure meet the criteria in subsection (1)
597	through an investigative process. When the investigation is not
598	completed within the time set out in s. 120.60(1) and the board
599	or the department has reason to believe that the applicant does
600	not meet the criteria, the secretary or the secretary's designee
601	may issue a 90-day licensure delay, which must be in writing and
602	sufficient to notify the applicant of the reason for the delay.
603	This subsection controls over any conflicting provisions of s.
604	120.60(1).
605	(4)  The board may not certify to the department for
606	licensure any applicant who is under investigation in another
607	jurisdiction for an offense that would constitute a violation of
608	this chapter until the investigation has been completed. Upon
609	completion of the investigation, s. 462.14 applies. Furthermore,
610	the department may not issue an unrestricted license to any
611	individual who has committed an act or offense in any
612	jurisdiction which would constitute the basis for disciplining a
613	naturopathic physician under s. 462.14. If the board finds that
614	an individual has committed an act or offense in any
615	jurisdiction which would constitute the basis for disciplining a
616	naturopathic physician under s. 462.14, the board may enter an
617	order imposing one or more of the sanctions set forth in ss.
618	462.14 and 456.072(2).
619	(5)  Each applicant who meets the requirements of this
620	chapter shall be licensed as a doctor of naturopathic medicine,
621	naturopathic doctor, or naturopathic physician, with rights as
622	defined by law.
623	(6)  Upon certification by the board, the department shall
624	impose conditions, limitations, or restrictions on a license if
625	the applicant is on probation in another jurisdiction for an act
626	that would constitute a violation of this chapter.
627	(7)  If the board determines that an applicant for
628	licensure has failed to meet, to the board's satisfaction, any
629	of the applicable requirements set forth in this section, it may
630	enter an order that imposes one or more of the following
631	sanctions:
632	(a)  Refusal to certify to the department an application
633	for licensure.
634	(b)  Certification to the department of an application for
635	licensure with restrictions on the scope of practice of the
636	doctor of naturopathic medicine, naturopathic doctor, or
637	naturopathic physician.
638	(c)  Certification to the department of an application for
639	licensure with placement of the doctor of naturopathic medicine,
640	naturopathic doctor, or naturopathic physician on probation for
641	a period of time and subject to such conditions as the board
642	specifies, including, but not limited to, requiring the doctor
643	of naturopathic medicine, naturopathic doctor, or naturopathic
644	physician to submit to treatment, attend continuing education
645	courses, submit to reexamination, or work under the supervision
646	of another doctor of naturopathic medicine, naturopathic doctor,
647	or naturopathic physician.
648	(8)  A person may not promote, identify, or describe
649	herself or himself as a doctor of naturopathic medicine
650	(N.M.D.), naturopathic doctor (N.D.), or naturopathic physician
651	(N.P.) without being licensed pursuant to this chapter.
652	Section 15.  Section 462.195, Florida Statutes, is created
653	to read:
654	462.195  Exemptions from naturopathic licensure
655	requirements.--Licensure requirements for practitioners of
656	naturopathic medicine under this chapter are inapplicable to:
657	(1)  Any individual who is engaged in selling, marketing,
658	distributing, using, or recommending, or furnishing information
659	or counseling about, the use of vitamins, health foods, dietary
660	supplements, herbs, homeopathic remedies, or other products of
661	nature the sale of which is not otherwise prohibited under state
662	or federal law. This exemption does not:
663	(a)  Allow a person to diagnose any human disease, ailment,
664	injury, infirmity, deformity, pain, or other condition; or
665	(b)  Prohibit providing information regarding any of the
666	products listed in this subsection, which information is
667	truthful and is not misleading.
668	(2)  Any individual who is:
669	(a)  Engaged in good faith in the practice of the religious
670	tenets of any church or religious belief, without the use of
671	prescription drugs; or
672	(b)  Acting in good faith for religious reasons as a matter
673	of conscience or on the basis of a personal belief when
674	obtaining or providing information regarding health care and the
675	use of any product.
676	(3)  Any individual who is administering a domestic or
677	family remedy.
678	(4)  Any individual licensed in this state who is engaging
679	in the lawful practice of her or his profession under the
680	statutes applicable to the profession of chiropractic physician,
681	podiatric physician, doctor of medicine, massage therapist,
682	nurse, osteopathic physician or surgeon, optometrist,
683	occupational therapist, physical therapist, psychologist, or
684	psychotherapist.
685	Section 16.  Section 462.2001, Florida Statutes, is amended
686	to read:
687	462.2001  Saving clause.--All licenses to practice
688	naturopathic medicine naturopathy issued pursuant to this
689	chapter and valid on July 1, 2006 October 1, 1985, shall remain
690	in full force and effect.
691	Section 17.  Licensed doctors of naturopathic medicine,
692	naturopathic doctors, or naturopathic physicians who hold a
693	license on the effective date of this act shall retain the same
694	rights and privileges as they had before implementation of the
695	amendments to chapter 462, Florida Statutes, by this act.
696	Section 18.  Paragraph (g) of subsection (3) of section
697	20.43, Florida Statutes, is amended to read:
698	20.43  Department of Health.--There is created a Department
699	of Health.
700	(3)  The following divisions of the Department of Health
701	are established:
702	(g)  Division of Medical Quality Assurance, which is
703	responsible for the following boards and professions established
704	within the division:
705	1.  The Board of Acupuncture, created under chapter 457.
706	2.  The Board of Medicine, created under chapter 458.
707	3.  The Board of Osteopathic Medicine, created under
708	chapter 459.
709	4.  The Board of Chiropractic Medicine, created under
710	chapter 460.
711	5.  The Board of Podiatric Medicine, created under chapter
712	461.
713	6.  The Board of Naturopathic Medicine Naturopathy, created
714	as provided under chapter 462.
715	7.  The Board of Optometry, created under chapter 463.
716	8.  The Board of Nursing, created under part I of chapter
717	464.
718	9.  Nursing assistants, as provided under part II of
719	chapter 464.
720	10.  The Board of Pharmacy, created under chapter 465.
721	11.  The Board of Dentistry, created under chapter 466.
722	12.  Midwifery, as provided under chapter 467.
723	13.  The Board of Speech-Language Pathology and Audiology,
724	created under part I of chapter 468.
725	14.  The Board of Nursing Home Administrators, created
726	under part II of chapter 468.
727	15.  The Board of Occupational Therapy, created under part
728	III of chapter 468.
729	16.  Respiratory therapy, as provided under part V of
730	chapter 468.
731	17.  Dietetics and nutrition practice, as provided under
732	part X of chapter 468.
733	18.  The Board of Athletic Training, created under part
734	XIII of chapter 468.
735	19.  The Board of Orthotists and Prosthetists, created
736	under part XIV of chapter 468.
737	20.  Electrolysis, as provided under chapter 478.
738	21.  The Board of Massage Therapy, created under chapter
739	480.
740	22.  The Board of Clinical Laboratory Personnel, created
741	under part III of chapter 483.
742	23.  Medical physicists, as provided under part IV of
743	chapter 483.
744	24.  The Board of Opticianry, created under part I of
745	chapter 484.
746	25.  The Board of Hearing Aid Specialists, created under
747	part II of chapter 484.
748	26.  The Board of Physical Therapy Practice, created under
749	chapter 486.
750	27.  The Board of Psychology, created under chapter 490.
751	28.  School psychologists, as provided under chapter 490.
752	29.  The Board of Clinical Social Work, Marriage and Family
753	Therapy, and Mental Health Counseling, created under chapter
754	491.
755	Section 19.  Subsection (1) of section 381.0031, Florida
756	Statutes, is amended to read:
757	381.0031  Report of diseases of public health significance
758	to department.--
759	(1)  Any practitioner licensed in this state to practice
760	medicine, osteopathic medicine, chiropractic medicine,
761	naturopathic medicine naturopathy, or veterinary medicine; any
762	hospital licensed under part I of chapter 395; or any laboratory
763	licensed under chapter 483 that diagnoses or suspects the
764	existence of a disease of public health significance shall
765	immediately report the fact to the Department of Health.
766
767	This section does not affect s. 384.25.
768	Section 20.  Subsection (10) of section 468.301, Florida
769	Statutes, is amended to read:
770	468.301  Definitions.--As used in this part, the term:
771	(10)  "Licensed practitioner" means a person who is
772	licensed or otherwise authorized by law to practice medicine,
773	podiatric medicine, chiropody, osteopathic medicine,
774	naturopathic medicine naturopathy, or chiropractic medicine in
775	this state.
776	Section 21.  Subsection (1) of section 476.044, Florida
777	Statutes, is amended to read:
778	476.044  Exemptions.--This chapter does not apply to the
779	following persons when practicing pursuant to their professional
780	responsibilities and duties:
781	(1)  Persons authorized under the laws of this state to
782	practice medicine, surgery, osteopathic medicine, chiropractic
783	medicine, naturopathic medicine naturopathy, or podiatric
784	medicine;
785	Section 22.  Paragraph (a) of subsection (1) of section
786	477.0135, Florida Statutes, is amended to read:
787	477.0135  Exemptions.--
788	(1)  This chapter does not apply to the following persons
789	when practicing pursuant to their professional or occupational
790	responsibilities and duties:
791	(a)  Persons authorized under the laws of this state to
792	practice medicine, surgery, osteopathic medicine, chiropractic
793	medicine, massage, naturopathic medicine naturopathy, or
794	podiatric medicine.
795	Section 23.  Subsections (2) and (3) of section 485.003,
796	Florida Statutes, are amended to read:
797	485.003  Definitions.--In construing this chapter, the
798	words, phrases, or terms, unless the context otherwise
799	indicates, shall have the following meanings:
800	(2)  "Healing arts" shall mean the practice of medicine,
801	surgery, psychiatry, dentistry, osteopathic medicine,
802	chiropractic medicine, naturopathic medicine naturopathy,
803	podiatric medicine, chiropody, psychology, clinical social work,
804	marriage and family therapy, mental health counseling, and
805	optometry.
806	(3)  "Practitioner of the healing arts" shall mean a person
807	licensed under the laws of the state to practice medicine,
808	surgery, psychiatry, dentistry, osteopathic medicine,
809	chiropractic medicine, naturopathic medicine naturopathy,
810	podiatric medicine, chiropody, psychology, clinical social work,
811	marriage and family therapy, mental health counseling, or
812	optometry within the scope of his or her professional training
813	and competence and within the purview of the statutes applicable
814	to his or her respective profession, and who may refer a patient
815	for treatment by a qualified person, who shall employ hypnotic
816	techniques under the supervision, direction, prescription, and
817	responsibility of such referring practitioner.
818	Section 24.  Subsection (1) of section 486.161, Florida
819	Statutes, is amended to read:
820	486.161  Exemptions.--
821	(1)  No provision of this chapter shall be construed to
822	prohibit any person licensed in this state from using any
823	physical agent as a part of, or incidental to, the lawful
824	practice of her or his profession under the statutes applicable
825	to the profession of chiropractic physician, podiatric
826	physician, doctor of medicine, massage therapist, nurse,
827	osteopathic physician or surgeon, occupational therapist, or
828	doctor of naturopathic medicine, naturopathic doctor, or
829	naturopathic physician naturopath.
830	Section 25.  Paragraph (h) of subsection (4) of section
831	627.351, Florida Statutes, is amended to read:
832	627.351  Insurance risk apportionment plans.--
833	(4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--
834	(h)  As used in this subsection:
835	1.  "Health care provider" means hospitals licensed under
836	chapter 395; physicians licensed under chapter 458; osteopathic
837	physicians licensed under chapter 459; podiatric physicians
838	licensed under chapter 461; dentists licensed under chapter 466;
839	chiropractic physicians licensed under chapter 460; doctors of
840	naturopathic medicine, naturopathic doctors, or naturopathic
841	physicians naturopaths licensed under chapter 462; nurses
842	licensed under part I of chapter 464; midwives licensed under
843	chapter 467; clinical laboratories registered under chapter 483;
844	physician assistants licensed under chapter 458 or chapter 459;
845	physical therapists and physical therapist assistants licensed
846	under chapter 486; health maintenance organizations certificated
847	under part I of chapter 641; ambulatory surgical centers
848	licensed under chapter 395; other medical facilities as defined
849	in subparagraph 2.; blood banks, plasma centers, industrial
850	clinics, and renal dialysis facilities; or professional
851	associations, partnerships, corporations, joint ventures, or
852	other associations for professional activity by health care
853	providers.
854	2.  "Other medical facility" means a facility the primary
855	purpose of which is to provide human medical diagnostic services
856	or a facility providing nonsurgical human medical treatment, to
857	which facility the patient is admitted and from which facility
858	the patient is discharged within the same working day, and which
859	facility is not part of a hospital. However, a facility existing
860	for the primary purpose of performing terminations of pregnancy
861	or an office maintained by a physician or dentist for the
862	practice of medicine shall not be construed to be an "other
863	medical facility."
864	3.  "Health care facility" means any hospital licensed
865	under chapter 395, health maintenance organization certificated
866	under part I of chapter 641, ambulatory surgical center licensed
867	under chapter 395, or other medical facility as defined in
868	subparagraph 2.
869	Section 26.  Subsection (19) of section 893.02, Florida
870	Statutes, is amended to read:
871	893.02  Definitions.--The following words and phrases as
872	used in this chapter shall have the following meanings, unless
873	the context otherwise requires:
874	(19)  "Practitioner" means a physician licensed pursuant to
875	chapter 458, a dentist licensed pursuant to chapter 466, a
876	veterinarian licensed pursuant to chapter 474, an osteopathic
877	physician licensed pursuant to chapter 459, a doctor of
878	naturopathic medicine, naturopathic doctor, or naturopathic
879	physician naturopath licensed pursuant to chapter 462, or a
880	podiatric physician licensed pursuant to chapter 461, provided
881	such practitioner holds a valid federal controlled substance
882	registry number.
883	Section 27.  Paragraph (g) of subsection (3) of section
884	921.0022, Florida Statutes, is amended to read:
885	921.0022  Criminal Punishment Code; offense severity
886	ranking chart.--
887	(3)  OFFENSE SEVERITY RANKING CHART
888
	FloridaStatute FelonyDegree Description
889
	(g)  LEVEL 7
890
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
891
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
892
	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.
893
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
894
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
895
	409.920(2) 3rd Medicaid provider fraud.
896
	456.065(2) 3rd Practicing a health care profession without a license.
897
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
898
	458.327(1) 3rd Practicing medicine without a license.
899
	459.013(1) 3rd Practicing osteopathic medicine without a license.
900
	460.411(1) 3rd Practicing chiropractic medicine without a license.
901
	461.012(1) 3rd Practicing podiatric medicine without a license.
902
	462.17 3rd Practicing naturopathic medicine naturopathy without a license.
903
	463.015(1) 3rd Practicing optometry without a license.
904
	464.016(1) 3rd Practicing nursing without a license.
905
	465.015(2) 3rd Practicing pharmacy without a license.
906
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
907
	467.201 3rd Practicing midwifery without a license.
908
	468.366 3rd Delivering respiratory care services without a license.
909
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
910
	483.901(9) 3rd Practicing medical physics without a license.
911
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
912
	484.053 3rd Dispensing hearing aids without a license.
913
	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.
914
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
915
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
916
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
917
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
918
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
919
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
920
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
921
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
922
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
923
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
924
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
925
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
926
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
927
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
928
	784.048(7) 3rd Aggravated stalking; violation of court order.
929
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
930
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
931
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
932
	784.081(1) 1st Aggravated battery on specified official or employee.
933
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
934
	784.083(1) 1st Aggravated battery on code inspector.
935
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
936
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
937
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
938
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
939
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
940
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
941
	796.03 2nd Procuring any person under 16 years for prostitution.
942
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
943
	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.
944
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
945
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
946
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
947
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
948
	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.
949
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
950
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
951
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
952
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
953
	812.131(2)(a) 2nd Robbery by sudden snatching.
954
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
955
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
956
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
957
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
958
	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.
959
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
960
	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.
961
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
962
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
963
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
964
	838.015 2nd Bribery.
965
	838.016 2nd Unlawful compensation or reward for official behavior.
966
	838.021(3)(a) 2nd Unlawful harm to a public servant.
967
	838.22 2nd Bid tampering.
968
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
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
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
986
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
987
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
988
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
989
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
990
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
991
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
992
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
993
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
994
995	Section 28.  Section 462.30, Florida Statutes, is created
996	to read:
997	462.30  Naturopathic Medical Formulary Council.--
998	(1)  The Naturopathic Medical Formulary Council is
999	established, which is separate and distinct from the board, to
1000	be composed of seven members. Two members shall be doctors of
1001	naturopathic medicine, naturopathic doctors, or naturopathic
1002	physicians licensed under this chapter appointed by the Board of
1003	Naturopathic Medicine. Three members shall be pharmacists
1004	licensed under chapter 465 appointed by the Board of
1005	Naturopathic Medicine from a list of nominees provided by the
1006	Board of Pharmacy. Two members shall be physicians licensed
1007	under chapter 458 appointed by the Board of Naturopathic
1008	Medicine from a list of nominees provided by the Board of
1009	Medicine. The initial council shall be appointed as follows: One
1010	doctor of naturopathic medicine, naturopathic doctor, or
1011	naturopathic physician shall be appointed for a 1-year term; one
1012	physician licensed under chapter 458 and one pharmacist shall
1013	each be appointed for a 2-year term; and two pharmacists, one
1014	doctor of naturopathic medicine, naturopathic doctor, or
1015	naturopathic physician, and one physician licensed under chapter
1016	458 shall each be appointed for a 3-year term. Thereafter, the
1017	term of office shall be 3 years. A quorum shall consist of five
1018	members and shall be required for any vote to be taken.
1019	(2)  The council shall establish a formulary for use by
1020	naturopathic physicians and immediately upon adoption or
1021	revision of the formulary, the council shall transmit the
1022	approved formulary to the board, which shall adopt the formulary
1023	by temporary rule. The formulary shall be reviewed annually by
1024	the council or at any time at the request of the board. The
1025	formulary may not go beyond the scope of prescription medicines
1026	and medical devices covered by approved naturopathic medical
1027	education and training and existing naturopathic medical
1028	formularies or board-approved continuing education. The
1029	naturopathic medical formulary shall not include medicines and
1030	devices that are inconsistent with the training provided by
1031	approved naturopathic medical colleges or universities. Nothing
1032	in this section authorizes a doctor of naturopathic medicine,
1033	naturopathic doctor, or naturopathic physician to dispense,
1034	administer, or prescribe any prescription drug as defined in s.
1035	893.03 or medical device unless such prescription drug or
1036	medical device is specifically included in the naturopathic
1037	medical formulary.
1038	Section 29.  Section 462.40, Florida Statutes, is created
1039	to read:
1040	462.40  Disclosure of medications by patients.--Patients
1041	who are provided prescriptions for medications, nutrients, or
1042	other natural medicine substances by their treating doctor of
1043	naturopathic medicine, naturopathic doctor, or naturopathic
1044	physician shall have the responsibility to advise their primary
1045	care physician or other treating health care provider of the
1046	medications or substances that have been prescribed or
1047	recommended by their doctor of naturopathic medicine,
1048	naturopathic doctor, or naturopathic physician. Doctors of
1049	naturopathic medicine, naturopathic doctors, or naturopathic
1050	physicians shall have the responsibility to advise their
1051	patients of this requirement in writing, maintain a signed copy
1052	of the disclosure in the medical records of that patient, and
1053	provide a copy of the disclosure to their patients upon request.
1054	Failure of any patient to disclose medication prescribed by a
1055	doctor of naturopathic medicine, naturopathic doctor, or
1056	naturopathic physician as required by this section shall
1057	establish a presumption that subsequent injuries sustained by
1058	such patient were caused by the failure to disclose medication
1059	prescribed by a doctor of naturopathic medicine, naturopathic
1060	doctor, or naturopathic physician. This presumption may be
1061	rebutted by clear and convincing evidence that such patient's
1062	injuries were caused by the negligence of the primary care
1063	physician.
1064	Section 30.  This act shall take effect January 1, 2007.

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