Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2678
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CHAMBER ACTION
Senate House
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11 The Committee on Health Care (Fasano) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. This act may be cited as the "Dr. R. Wilson
19 Geldner Naturopathic Medicine Act of 2006."
20 Section 2. Chapter 462, Florida Statutes, which is
21 entitled "Naturopathy," is redesignated as "Naturopathic
22 Medicine."
23 Section 3. Section 462.01, Florida Statutes, is
24 amended to read:
25 462.01 Definitions.--As used in this chapter, the
26 term:
27 (1) "Board" means the Board of Naturopathic Medicine.
28 (2) "Department" means the Department of Health.
29 (3) "Minor office procedures" means the methods for
30 the repair and care incidental to superficial lacerations and
31 abrasions, superficial lesions, and removal of foreign bodies
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1 located in the superficial tissues.
2 (4) "Naturopath," "doctor of naturopathic medicine
3 (N.M.D.)," "naturopathic doctor (N.D.)," "Naturopathic medical
4 doctor (N.M.D.)," or "naturopathic physician," hereinafter
5 collectively referred to as "naturopathic physician," means a
6 person licensed to practice naturopathic medicine under this
7 chapter.
8 (5)(1) "Natureopathy, " and "naturopathy," and
9 "naturopathic medicine" shall be construed as synonymous terms
10 and mean a system of primary health care for the prevention,
11 diagnosis, and treatment of human health conditions, injuries,
12 and disease; the promotion or restoration of health; and the
13 support and stimulation of a patient's self-healing processes
14 through patient education and use of naturopathic therapies
15 and therapeutic substances. A naturopathic physician may
16 perform minor office procedures and may order and perform
17 physical and laboratory examinations consistent with
18 naturopathic education and training for diagnostic purposes,
19 including, but not limited to, phlebotomy, clinical laboratory
20 tests, orificial examinations, and physiological function
21 tests. A naturopathic physician may order diagnostic imaging
22 studies consistent with naturopathic training. A naturopathic
23 physician may dispense, administer, order, and prescribe food,
24 extracts of foods, nutraceuticals, vitamins, amino acids,
25 minerals, enzymes, botanicals and their extracts, botanical
26 medicines, homeopathic medicines, all dietary supplements, and
27 nonprescription drugs as defined by the Federal Food, Drug,
28 and Cosmetic Act. This chapter does not authorize a
29 naturopathic physician to:
30 (a) Prescribe, dispense, or administer any controlled
31 substance or device identified in the Federal Controlled
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1 Substance Act, 21 U.S.C. ss. 801-971 (1988), as amended,
2 except as authorized by this chapter;
3 (b) Perform surgical procedures except those minor
4 office procedures authorized by this chapter; or
5 (c) Practice or claim to practice as a medical doctor,
6 osteopath, dentist (the examination, diagnosis, and treatment
7 of teeth and gums), podiatrist, optometrist, psychologist,
8 advanced practice professional nurse, physician assistant,
9 chiropractor, physical therapist, acupuncturist, midwife, or
10 any other health care professional not authorized in this
11 chapter unless licensed by the board governing that health
12 care profession.
13
14 It is recognized that many of the therapies used by
15 naturopathic physicians, including, but not limited to,
16 homeopathic remedies, nutritional and dietary supplements,
17 herbs, and such physical forces as heat, cold, water, touch,
18 and light, are not the exclusive privilege of naturopathic
19 physicians. Consistent with the requirements of s. 11.62, the
20 Sunrise Act, it is not the intent of this act to prohibit or
21 restrict to naturopathic physicians the use of the modalities
22 identified in this chapter. the use and practice of
23 psychological, mechanical, and material health sciences to aid
24 in purifying, cleansing, and normalizing human tissues for the
25 preservation or restoration of health, according to the
26 fundamental principles of anatomy, physiology, and applied
27 psychology, as may be required. Naturopathic practice employs,
28 among other agencies, phytotherapy, dietetics, psychotherapy,
29 suggestotherapy, hydrotherapy, zone therapy, biochemistry,
30 external applications, electrotherapy, mechanotherapy,
31 mechanical and electrical appliances, hygiene, first aid,
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1 sanitation, and heliotherapy; provided, however, nothing in
2 this chapter shall be held or construed to authorize any
3 naturopathic physician licensed hereunder to practice materia
4 medica or surgery or chiropractic medicine, nor shall the
5 provisions of this law in any manner apply to or affect the
6 practice of osteopathic medicine, chiropractic medicine,
7 Christian Science, or any other treatment authorized and
8 provided for by law for the cure or prevention of disease and
9 ailments.
10 (6) "Approved naturopathic medical program" means:
11 (a) A naturopathic medical education program in the
12 United States providing the degree of Doctor of Naturopathy or
13 Doctor of Naturopathic Medicine. Such a program must offer
14 graduate-level, full-time didactic and supervised clinical
15 training and must be accredited, or have achieved candidacy
16 status for accreditation, by the Council on Naturopathic
17 Medical Education (CNME) or an equivalent accrediting body
18 recognized by the United States Department of Education for
19 naturopathic medical programs and has been approved by the
20 board. Additionally, the program must be an institution, or
21 part of an institution, of higher education which is either
22 accredited or is a candidate for accreditation by an
23 institutional accrediting agency recognized by the United
24 States Department of Education; or
25 (b) A degree-granting college or university that,
26 prior to the existence of the CNME, offered a full-time
27 structured curriculum in basic sciences and supervised patient
28 care comprising a doctoral naturopathic medical education.
29 Such a course, as a prerequisite to graduation therefrom, must
30 have been not less than 132 weeks in duration (4 academic
31 years) and must have required completion within a period of
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1 not less than 35 months. Such a college of naturopathic
2 medicine must have been reputable and in good standing in the
3 judgement of the board; or
4 (c) A diploma-granting, degree-equivalent college or
5 university that, if in Canada and prior to accreditation by
6 the CNME, had provincial approval for participation in
7 government-funded, student-aid programs and that offered a
8 full-time structured curriculum in basic sciences and
9 supervised patient care comprising a doctoral naturopathic
10 medical education. Such a course, as a prerequisite to
11 graduation therefrom, must have been not less than 132 weeks
12 in duration (4 academic years) and must have required
13 completion within a period of not less than 35 months. Such a
14 college of liberal arts and naturopathic medicine must have
15 been reputable and in good standing in the judgment of the
16 board.
17 Section 4. Section 462.0215, Florida Statutes, is
18 created to read:
19 462.0215 Board of Naturopathic Medicine.--
20 (1) There is created within the department the Board
21 of Naturopathic Medicine, composed of seven members appointed
22 by the Governor and confirmed by the Senate. All members must
23 be residents of the state.
24 (2)(a) Five members of the board must be naturopathic
25 physicians who are:
26 1. In good standing in this state and have been
27 licensed to practice naturopathic medicine for at least 3
28 years; or
29 2. Graduates of CNME-accredited naturopathic medical
30 programs, and each of whom is currently licensed and has been
31 licensed for at least 3 years as a naturopathic physician in
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1 one or more of the states that require successful passage of
2 the Naturopathic Physicians Licensing Examination (NPLEX) to
3 practice naturopathic medicine.
4 (b) The remaining two members of the board must not be
5 and must never have been licensed health care practitioners.
6 (c) At least one member of the board must be 60 years
7 of age or older.
8 (3) For the purpose of staggering terms, the Governor
9 shall initially appoint to the board three members for terms
10 of 4 years each, two members for terms of 3 years each, and
11 two members for terms of 2 years each. As the terms of board
12 members expire, the Governor shall appoint successors for
13 terms of 4 years, and such members shall serve until their
14 successors are appointed.
15 (4) The board, in conjunction with the department,
16 shall establish a disciplinary training program for members of
17 the board. The program shall provide for initial and periodic
18 training in the grounds for disciplinary action, the actions
19 that may be taken by the board and the department, changes in
20 relevant statutes and rules, and any relevant judicial and
21 administrative decisions. A member of the board may not
22 participate on a probable cause panel or in a disciplinary
23 decision of the board unless she or he has completed the
24 disciplinary training program.
25 (5) During the time members of the board are appointed
26 to a probable cause panel, they shall attempt to complete
27 their work on every case presented to them. If consideration
28 of a case is begun but is not completed during the term of the
29 board members on the panel, they may reconvene as a probable
30 cause panel for the purpose of completing their deliberations
31 on that case.
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1 (6) All provisions of chapter 456 relating to
2 activities of the board are applicable.
3 Section 5. Section 462.023, Florida Statutes, is
4 amended to read:
5 462.023 Powers and duties of the board and the
6 department.--The board and the department may adopt such rules
7 as are necessary to carry out the purposes of this chapter,
8 may initiate disciplinary action as provided by this chapter,
9 and shall establish fees as provided by this chapter based on
10 their its estimates of the revenue required to administer this
11 chapter provided the fees do but shall not exceed the fee
12 amounts provided in this chapter. The department shall not
13 adopt any rules which would cause any person who was not
14 licensed in accordance with this chapter on July 1, 1959, and
15 had not been a resident of the state for 2 years prior to such
16 date, to become licensed.
17 Section 6. Section 462.08, Florida Statutes, is
18 amended to read:
19 462.08 Renewal of license to practice naturopathic
20 medicine naturopathy.--Each licensee licenseholder shall
21 biennially renew her or his license to practice naturopathic
22 medicine naturopathy. The applicant must furnish to the board
23 department such evidence as it requires of the applicant's
24 compliance with s. 462.18, relating to educational
25 requirements. The biennial renewal fee, the amount of which
26 shall be determined by the board department but which may not
27 exceed $1,000, must be paid at the time the application for
28 renewal of the license is filed.
29 Section 7. Section 462.11, Florida Statutes, is
30 amended to read:
31 462.11 Naturopathic physicians Naturopaths to observe
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1 regulations.--Naturopathic physicians Doctors of naturopathy
2 shall observe and be subject to all state, county, and
3 municipal regulations in regard to the control of contagious
4 and infectious diseases, the reporting of births and deaths,
5 and to any and all other matters pertaining to the public
6 health in the same manner as is required of other
7 practitioners of the healing arts art.
8 Section 8. Section 462.13, Florida Statutes, is
9 amended to read:
10 462.13 Additional powers and duties of the board and
11 the department.--The board and the department may administer
12 oaths, summon witnesses, and take testimony in all matters
13 relating to their its duties pursuant to this chapter. Every
14 unrevoked license shall be presumptive evidence in all courts
15 and places that the person therein named is legally licensed
16 to practice naturopathic medicine naturopathy. The board and
17 the department shall aid the prosecuting attorneys of the
18 state in the enforcement of this chapter.
19 Section 9. Section 462.14, Florida Statutes, is
20 amended to read:
21 462.14 Grounds for disciplinary action; action by the
22 board and the department.--
23 (1) The following acts constitute grounds for denial
24 of a license or disciplinary action, as specified in s.
25 456.072(2):
26 (a) Attempting to obtain, obtaining, or renewing a
27 license to practice naturopathic medicine by bribery, by
28 fraudulent misrepresentation, or through an error of the board
29 or the department.
30 (b) Having a license to practice naturopathic medicine
31 revoked, suspended, or otherwise acted against, including the
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1 denial of licensure, by the licensing authority of another
2 state, territory, or country.
3 (c) Being convicted or found guilty, regardless of
4 adjudication, of a crime in any jurisdiction which directly
5 relates to the practice of naturopathic medicine or to the
6 ability to practice naturopathic medicine. Any plea of nolo
7 contendere shall be considered a conviction for purposes of
8 this chapter.
9 (d) False, deceptive, or misleading advertising.
10 (e) Advertising, practicing, or attempting to practice
11 under a name other than one's own.
12 (f) Failing to report to the department any person who
13 the licensee knows is in violation of this chapter or of the
14 rules of the board or the department.
15 (g) Aiding, assisting, procuring, or advising any
16 unlicensed person to practice naturopathic medicine contrary
17 to this chapter or to a rule of the board or the department.
18 (h) Failing to perform any statutory or legal
19 obligation placed upon a licensed naturopathic physician.
20 (i) Making or filing a report which the licensee knows
21 to be false, intentionally or negligently failing to file a
22 report or record required by state or federal law, willfully
23 impeding or obstructing such filing or inducing another person
24 to do so. Such reports or records shall include only those
25 which are signed in the capacity as a licensed naturopathic
26 physician.
27 (j) Paying or receiving any commission, bonus,
28 kickback, or rebate, or engaging in any split-fee arrangement
29 in any form whatsoever with a physician, organization, agency,
30 or person, either directly or indirectly, for patients
31 referred to providers of health care goods and services,
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1 including, but not limited to, hospitals, nursing homes,
2 clinical laboratories, ambulatory surgical centers, or
3 pharmacies. The provisions of this paragraph shall not be
4 construed to prevent a naturopathic physician from receiving a
5 fee for professional consultation services.
6 (k) Exercising influence within a patient-physician
7 relationship for purposes of engaging a patient in sexual
8 activity. A patient shall be presumed to be incapable of
9 giving free, full, and informed consent to sexual activity
10 with her or his physician.
11 (l) Making deceptive, untrue, or fraudulent
12 representations in the practice of naturopathic medicine or
13 employing a trick or scheme in the practice of naturopathic
14 medicine when such scheme or trick fails to conform to the
15 generally prevailing standards of treatment in the medical
16 community.
17 (m) Soliciting patients, either personally or through
18 an agent, through the use of fraud, intimidation, undue
19 influence, or a form of overreaching or vexatious conduct. A
20 "solicitation" is any communication which directly or
21 implicitly requests an immediate oral response from the
22 recipient.
23 (n) Failing to keep written medical records justifying
24 the course of treatment of the patient, including, but not
25 limited to, patient histories, examination results, test
26 results, X rays, and records of the prescribing, dispensing,
27 and administering of drugs.
28 (o) Exercising influence on the patient or client in
29 such a manner as to exploit the patient or client for the
30 financial gain of the licensee or of a third party, which
31 shall include, but not be limited to, the promoting or selling
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1 of services, goods, appliances, or drugs and the promoting or
2 advertising on any prescription form of a community pharmacy
3 unless the form also states "This prescription may be filled
4 at any pharmacy of your choice."
5 (p) Performing professional services which have not
6 been duly authorized by the patient or client, or her or his
7 legal representative, except as provided in s. 743.064, s.
8 766.103, or s. 768.13.
9 (q) Prescribing, dispensing, administering, mixing, or
10 otherwise preparing a legend drug, including any controlled
11 substance, other than in the course of the naturopathic
12 physician's professional practice. For the purposes of this
13 paragraph, it shall be legally presumed that prescribing,
14 dispensing, administering, mixing, or otherwise preparing
15 legend drugs, including all controlled substances,
16 inappropriately or in excessive or inappropriate quantities is
17 not in the best interest of the patient and is not in the
18 course of the naturopathic physician's professional practice,
19 without regard to her or his intent.
20 (r) Prescribing, dispensing, or administering any
21 medicinal drug appearing on any schedule set forth in chapter
22 893 by the naturopathic physician to herself or himself,
23 except one prescribed, dispensed, or administered to the
24 naturopathic physician by another practitioner authorized to
25 prescribe, dispense, or administer medicinal drugs.
26 (s) Being unable to practice naturopathic medicine
27 with reasonable skill and safety to patients by reason of
28 illness or use of alcohol, drugs, narcotics, chemicals, or any
29 other type of material or as a result of any mental or
30 physical condition. In enforcing this paragraph, the
31 department shall have, upon probable cause, authority to
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1 compel a naturopathic physician to submit to a mental or
2 physical examination by physicians designated by the
3 department. The failure of a naturopathic physician to submit
4 to such an examination when so directed shall constitute an
5 admission of the allegations against her or him upon which a
6 default and final order may be entered without the taking of
7 testimony or presentation of evidence, unless the failure was
8 due to circumstances beyond the naturopathic physician's
9 control. A naturopathic physician affected under this
10 paragraph shall at reasonable intervals be afforded an
11 opportunity to demonstrate that she or he can resume the
12 competent practice of naturopathic medicine with reasonable
13 skill and safety to patients. In any proceeding under this
14 paragraph, neither the record of proceedings nor the orders
15 entered by the department may be used against a naturopathic
16 physician in any other proceeding.
17 (t) Gross or repeated malpractice or the failure to
18 practice naturopathic medicine with that level of care, skill,
19 and treatment which is recognized by a reasonably prudent
20 similar physician as being acceptable under similar conditions
21 and circumstances. The board department shall give great
22 weight to the provisions of s. 766.102 when enforcing this
23 paragraph.
24 (u) Performing any procedure or prescribing any
25 therapy which, by the prevailing standards of medical practice
26 in the community, constitutes experimentation on a human
27 subject, without first obtaining full, informed, and written
28 consent.
29 (v) Practicing or offering to practice beyond the
30 scope permitted by law or accepting and performing
31 professional responsibilities which the licensee knows or has
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1 reason to know that she or he is not competent to perform.
2 (w) Delegating professional responsibilities to a
3 person when the licensee delegating such responsibilities
4 knows or has reason to know that such person is not qualified
5 by training, experience, or licensure to perform them.
6 (x) Violating a lawful order of the board or the
7 department previously entered in a disciplinary hearing or
8 failing to comply with a lawfully issued subpoena of the
9 department.
10 (y) Conspiring with another licensee or with any other
11 person to commit an act, or committing an act, which would
12 tend to coerce, intimidate, or preclude another licensee from
13 lawfully advertising her or his services.
14 (z) Procuring, or aiding or abetting in the procuring
15 of, an unlawful termination of pregnancy.
16 (aa) Presigning blank prescription forms.
17 (bb) Prescribing by the naturopathic physician for
18 office use any controlled substance medicinal drug appearing
19 on Schedule II in chapter 893.
20 (cc) Prescribing, ordering, dispensing, administering,
21 supplying, selling, or giving any drug which is an amphetamine
22 or sympathomimetic amine drug, or a compound designated
23 pursuant to chapter 893 as a Schedule II controlled substance
24 to or for any person except for:
25 1. The treatment of narcolepsy; hyperkinesis;
26 behavioral syndrome in children characterized by the
27 developmentally inappropriate symptoms of moderate to severe
28 distractability, short attention span, hyperactivity,
29 emotional lability, and impulsivity; or drug-induced brain
30 dysfunction.
31 2. The differential diagnostic psychiatric evaluation
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1 of depression or the treatment of depression shown to be
2 refractory to other therapeutic modalities.
3 3. The clinical investigation of the effects of such
4 drugs or compounds when an investigative protocol therefor is
5 submitted to, reviewed, and approved by the board department
6 before such investigation is begun.
7 (dd) Prescribing, ordering, dispensing, administering,
8 supplying, selling, or giving growth hormones, testosterone or
9 its analogs, human chorionic gonadotropin (HCG), or other
10 hormones for the purpose of muscle building or to enhance
11 athletic performance. For the purposes of this subsection, the
12 term "muscle building" does not include the treatment of
13 injured muscle. A prescription written for the drug products
14 listed above may be dispensed by the pharmacist with the
15 presumption that the prescription is for legitimate medical
16 use.
17 (ee) Violating any provision of this chapter or
18 chapter 456, or any rules adopted pursuant thereto.
19 (2) The board department may enter an order denying
20 licensure or imposing any of the penalties in s. 456.072(2)
21 against any applicant for licensure or licensee who is found
22 guilty of violating any provision of subsection (1) of this
23 section or who is found guilty of violating any provision of
24 s. 456.072(1).
25 (3) The board department shall not reinstate the
26 license of a naturopathic physician until such time as the
27 board department is satisfied that such person has complied
28 with all the terms and conditions set forth in the final order
29 and that such person is capable of safely engaging in the
30 practice of naturopathic medicine.
31 (4) The board department shall by rule establish
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1 guidelines for the disposition of disciplinary cases involving
2 specific types of violations. Such guidelines may include
3 minimum and maximum fines, periods of supervision or
4 probation, or conditions of probation or reissuance of a
5 license.
6 Section 10. Section 462.16, Florida Statutes, is
7 amended to read:
8 462.16 Reissue of license.--Any person who practices
9 naturopathic medicine shall practice naturopathy after her or
10 his license has been revoked and registration annulled shall
11 be deemed to have practiced naturopathic medicine naturopathy
12 without a license; provided, however, at any time after 6
13 months after the date of said conviction, the department may
14 grant a license to the person affected, restoring to her or
15 him all the rights and privileges of and pertaining to the
16 practice of naturopathic medicine naturopathy as defined and
17 regulated by this chapter. The fee therefor shall be set by
18 the board not to exceed $250.
19 Section 11. Section 462.17, Florida Statutes, is
20 amended to read:
21 462.17 Penalty for offenses relating to naturopathic
22 medicine naturopathy.--Any person who shall:
23 (1) Sell, fraudulently obtain, or furnish any
24 naturopathic diploma, license, record, or registration or aid
25 or abet in the same;
26 (2) Practice naturopathic medicine naturopathy under
27 the cover of any diploma, license, record, or registration
28 illegally or fraudulently obtained or secured or issued
29 unlawfully or upon fraudulent representations;
30 (3) Advertise to practice naturopathic medicine
31 naturopathy under a name other than her or his own or under an
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1 assumed name;
2 (4) Falsely impersonate another practitioner of a like
3 or different name;
4 (5) Practice or advertise to practice naturopathic
5 medicine naturopathy or use in connection with her or his name
6 any designation tending to imply or to designate the person as
7 a practitioner of naturopathic medicine naturopathy without
8 then being lawfully licensed and authorized to practice
9 naturopathic medicine naturopathy in this state; or
10 (6) Practice naturopathic medicine naturopathy during
11 the time her or his license is suspended or revoked
12
13 commits shall be guilty of a felony of the third degree,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 Section 12. Section 462.18, Florida Statutes, is
17 amended to read:
18 462.18 Educational requirements.--
19 (1) At the time each licensee renews shall renew her
20 or his license as otherwise provided in this chapter, each
21 licensee, beginning with the license renewal due May 1, 1944,
22 in addition to the payment of the regular renewal fee, shall
23 furnish to the board department satisfactory evidence that, in
24 the year preceding each such application for renewal, the
25 licensee has attended the 2-day educational program as
26 promulgated and conducted by the Florida Naturopathic
27 Physicians Association, Inc., or, as a substitute therefor,
28 the equivalent of that program as approved by the board
29 department. The board shall require each licensee to receive
30 at least 40 hours of continuing education every 2 years,
31 including courses on the prevention of medical errors. The
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1 licensee shall establish that the continuing education was
2 consistent with the requirements of chapter 456. The
3 department shall send a written notice to this effect to every
4 person holding a valid license to practice naturopathic
5 medicine naturopathy within this state at least 30 days prior
6 to May 1 in each biennial year, directed to the last known
7 address of such licensee, and shall enclose with the notice
8 proper blank forms for application for annual license renewal.
9 All of the details and requirements of the aforesaid
10 educational program shall be adopted and prescribed by the
11 board department. In the event of national emergencies, or for
12 sufficient reason, the board may department shall have the
13 power to excuse the naturopathic physicians as a group or as
14 individuals from taking this postgraduate course.
15 (2) The determination of whether a substitute annual
16 educational program is necessary shall be solely within the
17 discretion of the board department.
18 Section 13. Subsection (3) of section 462.19, Florida
19 Statutes, is amended to read:
20 462.19 Renewal of license; inactive status.--
21 (3) A licensee may request that her or his license be
22 placed in an inactive status by making application to the
23 department and paying a fee in an amount set by the department
24 not to exceed $100 $50.
25 Section 14. Section 462.193, Florida Statutes, is
26 created to read:
27 462.193 Licensure by examination; requirements;
28 fees.--
29 (1) Any person desiring to be licensed as a
30 naturopathic physician shall apply to the department on forms
31 furnished by the department. The department shall license each
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1 applicant who the board certifies:
2 (a) Has completed the application form and remitted a
3 nonrefundable application fee set by the board not to exceed
4 $500.
5 (b) Is at least 21 years of age.
6 (c) Is of good moral character.
7 (d) Has not committed any act or offense in this or
8 any other jurisdiction which would constitute the basis for
9 disciplining a naturopathic physician pursuant to s. 462.14.
10 (e) Has been awarded a bachelor's degree from an
11 institution accredited by an accrediting body recognized by
12 the United States Department of Education and completed a
13 program of study that included, at a minimum and as determined
14 by rule of the board, courses in such fields as anatomy,
15 biology, and chemistry .
16 (f) Meets one of the following naturopathic medical
17 education and postgraduate training requirements:
18 1. Is a graduate of an approved naturopathic medical
19 program as defined herein;
20 2. Is a graduate of an approved school of naturopathic
21 medicine which was licensed by the Florida Commission for
22 Independent Education to grant the degree of Doctor of
23 Naturopathic Medicine prior to July 1, 2004, and who has
24 demonstrated to the board successful passage of their
25 respective basic science and clinical medical examinations and
26 evidence that they are in good standing in their respective
27 professions; or
28 3. Is a graduate of an international medical school
29 recognized by the Educational Commission for Foreign Medical
30 Graduates (ECFMG) to be examined in the basic and clinical
31 medical sciences, or a graduate of an accredited United States
18
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1 allopathic, chiropractic, or osteopathic medical school, and
2 has completed at least a 2-year course in naturopathic
3 medicine from a CNME-accredited and board-approved
4 naturopathic medical program.
5 (g) Has submitted to the department a set of
6 fingerprints on a form and in accordance with s. 456.039(4)(c)
7 and with procedures specified by the department, along with
8 payment in an amount equal to the costs incurred by the
9 department for the criminal background check of the applicant.
10 (h) Except for those graduates specified in
11 subparagraph (f)2., has obtained a passing score on a
12 competency-based national naturopathic licensing examination
13 administered by the North American Board of Naturopathic
14 Examiners (NABNE) or equivalent or successor agency that has
15 been nationally recognized to administer a naturopathic
16 examination that represents federal standards of education and
17 training as approved by the board. For graduates of an
18 approved naturopathic medical program as defined in s.
19 462.01(6)(b), eligibility for licensure may be granted upon
20 submission of evidence of successful passage of a
21 board-approved state competency examination and, for graduates
22 of an approved naturopathic medical program as defined in s.
23 462.01(6)(c), eligibility for licensure may be granted upon
24 submission of evidence of successful passage of a Canadian
25 provincial examination. For graduates of international medical
26 schools or allopathic, osteopathic, or chiropractic medical
27 schools who have completed at least a 2-year course in
28 naturopathic medicine from a CNME-appredited and
29 board-approved naturopathic medical program, eligibility for
30 licensure may be granted upon submission of evidence of
31 successful passage of their respective medical examinations,
19
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1 part one, in basic medical sciences, and part two, in clinical
2 medical sciences, and successful passage of part two in
3 clinical sciences examinations of the Naturopathic Physicians
4 Licensing Examination administered by the North American Board
5 of Naturopathic Examiners or successor agency that has been
6 nationally recognized to administer a naturopathic examination
7 that represents federal standards of education and training as
8 approved by the board.
9 (i) Has completed an approved internship or residency
10 of at least 1 year. The residency requirement may be waived
11 upon board approval for an applicant who has been actively
12 engaged in the practice of naturopathic medicine as a
13 naturopathic physician for not less than 6,000 hours during
14 the 5 years immediately preceding the date of application for
15 licensure in this state.
16 (j) Is physically and mentally fit to practice as a
17 naturopathic physician.
18 (k) Has not had her or his license to practice any
19 profession refused, revoked, or suspended by any other state,
20 district, or territory of the United States or another country
21 for reasons that relate to her or his ability to skillfully
22 and safely practice as a naturopathic physician in this state.
23 (l) Has not been found guilty of a felony.
24 (2) As prescribed by board rule, the board may require
25 an applicant who does not pass the licensing examination after
26 five attempts to complete additional remedial education or
27 training. The board shall prescribe the additional
28 requirements in a manner that permits the applicant to
29 complete the requirements and be reexamined within 2 years
30 after the date the applicant petitions the board to retake the
31 examination a sixth or subsequent time. The board has the
20
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1 authority to limit the number of times that a person may take
2 the examination.
3 (3) The department and the board shall ensure that
4 applicants for licensure meet the criteria in subsection (1)
5 through an investigative process. When the investigation is
6 not completed within the time set out in s. 120.60(1) and the
7 board or the department has reason to believe that the
8 applicant does not meet the criteria, the secretary or the
9 secretary's designee may issue a 90-day licensure delay, which
10 must be in writing and sufficient to notify the applicant of
11 the reason for the delay. This subsection controls over any
12 conflicting provisions of s. 120.60(1).
13 (4) The board may not certify to the department for
14 licensure any applicant who is under investigation in another
15 jurisdiction for an offense that would constitute a violation
16 of this chapter until the investigation has been completed.
17 Upon completion of the investigation, s. 462.14 applies.
18 Furthermore, the department may not issue an unrestricted
19 license to any individual who has committed an act or offense
20 in any jurisdiction which would constitute the basis for
21 disciplining a naturopathic physician under s. 462.14. If the
22 board finds that an individual has committed an act or offense
23 in any jurisdiction which would constitute the basis for
24 disciplining a naturopathic physician under s. 462.14, the
25 board may enter an order imposing one or more of the sanctions
26 set forth in ss. 462.14 and 456.072(2).
27 (5) Each applicant who meets the requirements of this
28 chapter shall be licensed as a naturopathic physician, with
29 rights as defined by law.
30 (6) Upon certification by the board, the department
31 shall impose conditions, limitations, or restrictions on a
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1 license if the applicant is on probation in another
2 jurisdiction for an act that would constitute a violation of
3 this chapter.
4 (7) If the board determines that an applicant for
5 licensure has failed to meet, to the board's satisfaction, any
6 of the applicable requirements set forth in this section, it
7 may enter an order that imposes one or more of the following
8 sanctions:
9 (a) Refusal to certify to the department an
10 application for licensure.
11 (b) Certification to the department of an application
12 for licensure with restrictions on the scope of practice of
13 the naturopathic physician.
14 (c) Certification to the department of an application
15 for licensure with placement of the naturopathic physician on
16 probation for a period of time and subject to such conditions
17 as the board specifies, including, but not limited to,
18 requiring the naturopathic physician to submit to treatment,
19 attend continuing education courses, submit to reexamination,
20 or work under the supervision of another naturopathic
21 physician.
22 (8) A person may not promote, identify, or describe
23 herself or himself as a naturopath, doctor of naturopathic
24 medicine or naturopathic medical doctor (N.M.D.), naturopathic
25 doctor (N.D.), or naturopathic physician without being
26 licensed pursuant to this chapter.
27 Section 15. Section 462.195, Florida Statutes, is
28 created to read:
29 462.195 Exemptions from naturopathic licensure
30 requirements.--Licensure requirements for practitioners of
31 naturopathic medicine under this chapter are inapplicable to:
22
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1 (1) Any individual who is engaged in selling,
2 marketing, distributing, using, or recommending, or furnishing
3 information or counseling about, the use of vitamins, health
4 foods, dietary supplements, herbs, homeopathic remedies, or
5 other products of nature the sale of which is not otherwise
6 prohibited under state or federal law. This exemption does
7 not:
8 (a) Allow a person to diagnose any human disease,
9 ailment, injury, infirmity, deformity, pain, or other
10 condition; or
11 (b) Prohibit providing information regarding any of
12 the products listed in this subsection, which information is
13 truthful and is not misleading.
14 (2) Any individual who is:
15 (a) Engaged in good faith in the practice of the
16 religious tenets of any church or religious belief, without
17 the use of prescription drugs; or
18 (b) Acting in good faith for religious reasons as a
19 matter of conscience or on the basis of a personal belief when
20 obtaining or providing information regarding health care and
21 the use of any product.
22 (3) Any individual who is administering a domestic or
23 family remedy.
24 (4) Any individual licensed in this state who is
25 engaging in the lawful practice of her or his profession under
26 the statutes applicable to the profession of chiropractic
27 physician, podiatric physician, doctor of medicine, massage
28 therapist, nurse, osteopathic physician or surgeon,
29 optometrist, occupational therapist, physical therapist,
30 psychologist, or psychotherapist.
31 Section 16. Section 462.2001, Florida Statutes, is
23
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1 amended to read:
2 462.2001 Saving clause.--All licenses to practice
3 naturopathic medicine naturopathy issued pursuant to this
4 chapter and valid on July 1, 2006 October 1, 1985, shall
5 remain in full force and effect.
6 Section 17. Licensed naturopathic physicians who hold
7 a license on January 1, 2007, shall retain the same rights and
8 privileges as they had before implementation of the amendments
9 to chapter 462, Florida Statutes, by this act.
10 Section 18. Paragraph (g) of subsection (3) of section
11 20.43, Florida Statutes, is amended to read:
12 20.43 Department of Health.--There is created a
13 Department of Health.
14 (3) The following divisions of the Department of
15 Health are established:
16 (g) Division of Medical Quality Assurance, which is
17 responsible for the following boards and professions
18 established within the division:
19 1. The Board of Acupuncture, created under chapter
20 457.
21 2. The Board of Medicine, created under chapter 458.
22 3. The Board of Osteopathic Medicine, created under
23 chapter 459.
24 4. The Board of Chiropractic Medicine, created under
25 chapter 460.
26 5. The Board of Podiatric Medicine, created under
27 chapter 461.
28 6. The Board of Naturopathic Medicine Naturopathy,
29 created as provided under chapter 462.
30 7. The Board of Optometry, created under chapter 463.
31 8. The Board of Nursing, created under part I of
24
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1 chapter 464.
2 9. Nursing assistants, as provided under part II of
3 chapter 464.
4 10. The Board of Pharmacy, created under chapter 465.
5 11. The Board of Dentistry, created under chapter 466.
6 12. Midwifery, as provided under chapter 467.
7 13. The Board of Speech-Language Pathology and
8 Audiology, created under part I of chapter 468.
9 14. The Board of Nursing Home Administrators, created
10 under part II of chapter 468.
11 15. The Board of Occupational Therapy, created under
12 part III of chapter 468.
13 16. Respiratory therapy, as provided under part V of
14 chapter 468.
15 17. Dietetics and nutrition practice, as provided
16 under part X of chapter 468.
17 18. The Board of Athletic Training, created under part
18 XIII of chapter 468.
19 19. The Board of Orthotists and Prosthetists, created
20 under part XIV of chapter 468.
21 20. Electrolysis, as provided under chapter 478.
22 21. The Board of Massage Therapy, created under
23 chapter 480.
24 22. The Board of Clinical Laboratory Personnel,
25 created under part III of chapter 483.
26 23. Medical physicists, as provided under part IV of
27 chapter 483.
28 24. The Board of Opticianry, created under part I of
29 chapter 484.
30 25. The Board of Hearing Aid Specialists, created
31 under part II of chapter 484.
25
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1 26. The Board of Physical Therapy Practice, created
2 under chapter 486.
3 27. The Board of Psychology, created under chapter
4 490.
5 28. School psychologists, as provided under chapter
6 490.
7 29. The Board of Clinical Social Work, Marriage and
8 Family Therapy, and Mental Health Counseling, created under
9 chapter 491.
10 Section 19. Subsection (1) of section 381.0031,
11 Florida Statutes, is amended to read:
12 381.0031 Report of diseases of public health
13 significance to department.--
14 (1) Any practitioner licensed in this state to
15 practice medicine, osteopathic medicine, chiropractic
16 medicine, naturopathic medicine naturopathy, or veterinary
17 medicine; any hospital licensed under part I of chapter 395;
18 or any laboratory licensed under chapter 483 that diagnoses or
19 suspects the existence of a disease of public health
20 significance shall immediately report the fact to the
21 Department of Health.
22
23 This section does not affect s. 384.25.
24 Section 20. Subsection (10) of section 468.301,
25 Florida Statutes, is amended to read:
26 468.301 Definitions.--As used in this part, the term:
27 (10) "Licensed practitioner" means a person who is
28 licensed or otherwise authorized by law to practice medicine,
29 podiatric medicine, chiropody, osteopathic medicine,
30 naturopathic medicine naturopathy, or chiropractic medicine in
31 this state.
26
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1 Section 21. Section 476.044, Florida Statutes, is
2 amended to read:
3 476.044 Exemptions.--This chapter does not apply to
4 the following persons when practicing pursuant to their
5 professional responsibilities and duties:
6 (1) Persons authorized under the laws of this state to
7 practice medicine, surgery, osteopathic medicine, chiropractic
8 medicine, naturopathic medicine naturopathy, or podiatric
9 medicine;
10 (2) Commissioned medical or surgical officers of the
11 United States Armed Forces hospital service;
12 (3) Licensed nurses under the laws of this state;
13 (4) Persons practicing cosmetology under the laws of
14 this state;
15 (5) Persons employed in federal, state, or local
16 institutions, hospitals, or military bases as barbers whose
17 practice is limited to the inmates, patients, or authorized
18 military personnel of such institutions, hospitals, or bases;
19 (6) Persons who practice only shampooing as defined in
20 s. 477.013 and whose practice is limited to the acts described
21 therein; or
22 (7) Persons whose occupation or practice is confined
23 solely to cutting, trimming, polishing, or cleansing the
24 fingernails of any person when said cutting, trimming,
25 polishing, or cleansing is done in a barbershop licensed
26 pursuant to this chapter which is carrying on a regular and
27 customary business of barbering, and such individual has been
28 practicing the activities set forth in this subsection prior
29 to October 1, 1985.
30 Section 22. Paragraph (a) of subsection (1) of section
31 477.0135, Florida Statutes, is amended to read:
27
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1 477.0135 Exemptions.--
2 (1) This chapter does not apply to the following
3 persons when practicing pursuant to their professional or
4 occupational responsibilities and duties:
5 (a) Persons authorized under the laws of this state to
6 practice medicine, surgery, osteopathic medicine, chiropractic
7 medicine, massage, naturopathic medicine naturopathy, or
8 podiatric medicine.
9 Section 23. Subsections (2) and (3) of section
10 485.003, Florida Statutes, are amended to read:
11 485.003 Definitions.--In construing this chapter, the
12 words, phrases, or terms, unless the context otherwise
13 indicates, shall have the following meanings:
14 (2) "Healing arts" shall mean the practice of
15 medicine, surgery, psychiatry, dentistry, osteopathic
16 medicine, chiropractic medicine, naturopathic medicine
17 naturopathy, podiatric medicine, chiropody, psychology,
18 clinical social work, marriage and family therapy, mental
19 health counseling, and optometry.
20 (3) "Practitioner of the healing arts" shall mean a
21 person licensed under the laws of the state to practice
22 medicine, surgery, psychiatry, dentistry, osteopathic
23 medicine, chiropractic medicine, naturopathic medicine
24 naturopathy, podiatric medicine, chiropody, psychology,
25 clinical social work, marriage and family therapy, mental
26 health counseling, or optometry within the scope of his or her
27 professional training and competence and within the purview of
28 the statutes applicable to his or her respective profession,
29 and who may refer a patient for treatment by a qualified
30 person, who shall employ hypnotic techniques under the
31 supervision, direction, prescription, and responsibility of
28
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1 such referring practitioner.
2 Section 24. Subsection (1) of section 486.161, Florida
3 Statutes, is amended to read:
4 486.161 Exemptions.--
5 (1) No provision of this chapter shall be construed to
6 prohibit any person licensed in this state from using any
7 physical agent as a part of, or incidental to, the lawful
8 practice of her or his profession under the statutes
9 applicable to the profession of chiropractic physician,
10 podiatric physician, doctor of medicine, massage therapist,
11 nurse, osteopathic physician or surgeon, occupational
12 therapist, or naturopathic physician naturopath.
13 Section 25. Paragraph (h) of subsection (4) of section
14 627.351, Florida Statutes, is amended to read:
15 627.351 Insurance risk apportionment plans.--
16 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.--
17 (h) As used in this subsection:
18 1. "Health care provider" means hospitals licensed
19 under chapter 395; physicians licensed under chapter 458;
20 osteopathic physicians licensed under chapter 459; podiatric
21 physicians licensed under chapter 461; dentists licensed under
22 chapter 466; chiropractic physicians licensed under chapter
23 460; naturopathic physicians naturopaths licensed under
24 chapter 462; nurses licensed under part I of chapter 464;
25 midwives licensed under chapter 467; clinical laboratories
26 registered under chapter 483; physician assistants licensed
27 under chapter 458 or chapter 459; physical therapists and
28 physical therapist assistants licensed under chapter 486;
29 health maintenance organizations certificated under part I of
30 chapter 641; ambulatory surgical centers licensed under
31 chapter 395; other medical facilities as defined in
29
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1 subparagraph 2.; blood banks, plasma centers, industrial
2 clinics, and renal dialysis facilities; or professional
3 associations, partnerships, corporations, joint ventures, or
4 other associations for professional activity by health care
5 providers.
6 2. "Other medical facility" means a facility the
7 primary purpose of which is to provide human medical
8 diagnostic services or a facility providing nonsurgical human
9 medical treatment, to which facility the patient is admitted
10 and from which facility the patient is discharged within the
11 same working day, and which facility is not part of a
12 hospital. However, a facility existing for the primary purpose
13 of performing terminations of pregnancy or an office
14 maintained by a physician or dentist for the practice of
15 medicine shall not be construed to be an "other medical
16 facility."
17 3. "Health care facility" means any hospital licensed
18 under chapter 395, health maintenance organization
19 certificated under part I of chapter 641, ambulatory surgical
20 center licensed under chapter 395, or other medical facility
21 as defined in subparagraph 2.
22 Section 26. Subsection (19) of section 893.02, Florida
23 Statutes, is amended to read:
24 893.02 Definitions.--The following words and phrases
25 as used in this chapter shall have the following meanings,
26 unless the context otherwise requires:
27 (19) "Practitioner" means a physician licensed
28 pursuant to chapter 458, a dentist licensed pursuant to
29 chapter 466, a veterinarian licensed pursuant to chapter 474,
30 an osteopathic physician licensed pursuant to chapter 459, a
31 naturopathic physician naturopath licensed pursuant to chapter
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1 462, or a podiatric physician licensed pursuant to chapter
2 461, provided such practitioner holds a valid federal
3 controlled substance registry number.
4 Section 27. Paragraph (g) of subsection (3) of section
5 921.0022, Florida Statutes, is amended to read:
6 921.0022 Criminal Punishment Code; offense severity
7 ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
9 Florida Felony Description
10 Statute Degree
11 (g) LEVEL 7
12 316.027(1)(b) 2nd Accident involving death, failure
13 to stop; leaving scene.
14 316.193(3)(c)2. 3rd DUI resulting in serious bodily
15 injury.
16 316.1935(3)(b) 1st Causing serious bodily injury or
17 death to another person; driving
18 at high speed or with wanton
19 disregard for safety while
20 fleeing or attempting to elude
21 law enforcement officer who is in
22 a patrol vehicle with siren and
23 lights activated.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 402.319(2) 2nd Misrepresentation and negligence
27 or intentional act resulting in
28 great bodily harm, permanent
29 disfiguration, permanent
30 disability, or death.
31 409.920(2) 3rd Medicaid provider fraud.
31
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathic medicine
16 naturopathy without a license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
31
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 775.21(10)(a) 3rd Sexual predator; failure to
26 register; failure to renew
27 driver's license or
28 identification card; other
29 registration violations.
30 775.21(10)(b) 3rd Sexual predator working where
31 children regularly congregate.
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1 775.21(10)(g) 3rd Failure to report or providing
2 false information about a sexual
3 predator; harbor or conceal a
4 sexual predator.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.048(7) 3rd Aggravated stalking; violation of
31 court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.074(1)(a) 1st Aggravated battery on sexually
4 violent predators facility staff.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.165(2) 2nd Manufacture, sell, possess, or
20 deliver hoax bomb.
21 790.165(3) 2nd Possessing, displaying, or
22 threatening to use any hoax bomb
23 while committing or attempting to
24 commit a felony.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
28 790.166(4) 2nd Possessing, displaying, or
29 threatening to use a hoax weapon
30 of mass destruction while
31 committing or attempting to
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1 commit a felony.
2 796.03 2nd Procuring any person under 16
3 years for prostitution.
4 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
5 victim less than 12 years of age;
6 offender less than 18 years.
7 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
8 victim 12 years of age or older
9 but less than 16 years; offender
10 18 years or older.
11 806.01(2) 2nd Maliciously damage structure by
12 fire or explosive.
13 810.02(3)(a) 2nd Burglary of occupied dwelling;
14 unarmed; no assault or battery.
15 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(d) 2nd Burglary of occupied conveyance;
18 unarmed; no assault or battery.
19 812.014(2)(a)1. 1st Property stolen, valued at
20 $100,000 or more; property stolen
21 while causing other property
22 damage; 1st degree grand theft.
23 812.014(2)(b)2. 2nd Property stolen, cargo valued at
24 less than $50,000, grand theft in
25 2nd degree.
26 812.014(2)(b)3. 2nd Property stolen, emergency
27 medical equipment; 2nd degree
28 grand theft.
29 812.0145(2)(a) 1st Theft from person 65 years of age
30 or older; $50,000 or more.
31
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 817.234(8)(a) 2nd Solicitation of motor vehicle
9 accident victims with intent to
10 defraud.
11 817.234(9) 2nd Organizing, planning, or
12 participating in an intentional
13 motor vehicle collision.
14 817.234(11)(c) 1st Insurance fraud; property value
15 $100,000 or more.
16 817.2341(2)(b) & (3)(b)1st Making false entries of material
17 fact or false statements
18 regarding property values
19 relating to the solvency of an
20 insuring entity which are a
21 significant cause of the
22 insolvency of that entity.
23 825.102(3)(b) 2nd Neglecting an elderly person or
24 disabled adult causing great
25 bodily harm, disability, or
26 disfigurement.
27 825.103(2)(b) 2nd Exploiting an elderly person or
28 disabled adult and property is
29 valued at $20,000 or more, but
30 less than $100,000.
31
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1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 838.015 2nd Bribery.
11 838.016 2nd Unlawful compensation or reward
12 for official behavior.
13 838.021(3)(a) 2nd Unlawful harm to a public
14 servant.
15 838.22 2nd Bid tampering.
16 847.0135(3) 3rd Solicitation of a child, via a
17 computer service, to commit an
18 unlawful sex act.
19 872.06 2nd Abuse of a dead human body.
20 893.13(1)(c)1. 1st Sell, manufacture, or deliver
21 cocaine (or other drug prohibited
22 under s. 893.03(1)(a), (1)(b),
23 (1)(d), (2)(a), (2)(b), or
24 (2)(c)4.) within 1,000 feet of a
25 child care facility, school, or
26 state, county, or municipal park
27 or publicly owned recreational
28 facility or community center.
29 893.13(1)(e)1. 1st Sell, manufacture, or deliver
30 cocaine or other drug prohibited
31 under s. 893.03(1)(a), (1)(b),
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1 (1)(d), (2)(a), (2)(b), or
2 (2)(c)4., within 1,000 feet of
3 property used for religious
4 services or a specified business
5 site.
6 893.13(4)(a) 1st Deliver to minor cocaine (or
7 other s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4. drugs).
10 893.135(1)(a)1. 1st Trafficking in cannabis, more
11 than 25 lbs., less than 2,000
12 lbs.
13 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than
14 28 grams, less than 200 grams.
15 893.135(1)(c)1.a. 1st Trafficking in illegal drugs,
16 more than 4 grams, less than 14
17 grams.
18 893.135(1)(d)1. 1st Trafficking in phencyclidine,
19 more than 28 grams, less than 200
20 grams.
21 893.135(1)(e)1. 1st Trafficking in methaqualone, more
22 than 200 grams, less than 5
23 kilograms.
24 893.135(1)(f)1. 1st Trafficking in amphetamine, more
25 than 14 grams, less than 28
26 grams.
27 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
28 grams or more, less than 14
29 grams.
30 893.135(1)(h)1.a. 1st Trafficking in
31 gamma-hydroxybutyric acid (GHB),
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1 1 kilogram or more, less than 5
2 kilograms.
3 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
4 kilogram or more, less than 5
5 kilograms.
6 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 943.0435(4)(c) 2nd Sexual offender vacating
18 permanent residence; failure to
19 comply with reporting
20 requirements.
21 943.0435(8) 2nd Sexual offender; remains in state
22 after indicating intent to leave;
23 failure to comply with reporting
24 requirements.
25 943.0435(9)(a) 3rd Sexual offender; failure to
26 comply with reporting
27 requirements.
28 943.0435(13) 3rd Failure to report or providing
29 false information about a sexual
30 offender; harbor or conceal a
31 sexual offender.
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1 943.0435(14) 3rd Sexual offender; failure to
2 report and reregister; failure to
3 respond to address verification.
4 944.607(9) 3rd Sexual offender; failure to
5 comply with reporting
6 requirements.
7 944.607(10)(a) 3rd Sexual offender; failure to
8 submit to the taking of a
9 digitized photograph.
10 944.607(12) 3rd Failure to report or providing
11 false information about a sexual
12 offender; harbor or conceal a
13 sexual offender.
14 944.607(13) 3rd Sexual offender; failure to
15 report and reregister; failure to
16 respond to address verification.
17 Section 28. Section 462.30, Florida Statutes, is
18 created to read:
19 462.30 Licensure of current practitioners of
20 naturopathic medicine.--Any physician or medical doctor
21 licensed pursuant to chapter 458, or osteopathic physician
22 licensed pursuant to chapter 459, who is currently licensed
23 and in good standing on January 1, 2007, is eligible to apply
24 for a waiver of the educational and examination requirements
25 for licensure as a naturopathic physician set forth in s.
26 462.193(1)(f), (h), and (i), if the applicant:
27 1. Has completed the application form and remitted a
28 nonrefundable application fee set by the board not to exceed
29 $500;
30 2. Establishes to the satisfaction of the board that
31 she or he has had substantial education, training, and
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1 clinical experience in naturopathic therapies and modalities.
2 Demonstration to the board must include evidence that the
3 medical doctor or osteopathic physician has been actively
4 engaged in the practice of naturopathic medicine for not less
5 than 6,000 hours during the 5 years immediately preceding the
6 date of application for waiver of the educational and
7 examination requirements for licensure in this state.
8 3. Otherwise meets all the requirements for licensure
9 as a naturopathic physician established in this chapter.
10
11 The board shall establish by rule the specific criteria for
12 meeting the qualification for licensure under this section,
13 including, but not limited to, requiring the applicant to
14 demonstrate that his or her education and training was
15 conducted through accredited programs, and to submit actual
16 case studies of his or her treatment of patients.
17 Applications under this section must be received by the board
18 by April 1, 2007. If an application is not received by that
19 date, a medical doctor or an osteopathic physician must meet
20 all the requirements of this chapter to be licensed as a
21 naturopathic physician.
22 Section 29. Section 462.40, Florida Statutes, is
23 created to read:
24 462.40 Disclosure of medications by
25 patients.--Patients who are provided prescriptions for
26 medications, nutrients, or other natural medicine substances
27 by their treating naturopathic physician shall have the
28 responsibility to advise their primary care physician or other
29 treating health care provider of the medications or substances
30 that have been prescribed or recommended by their naturopathic
31 physician. Naturopathic physicians shall have the
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1 responsibility to advise their patients of this requirement in
2 writing, maintain a signed copy of the disclosure in the
3 medical records of that patient, and provide a copy of the
4 disclosure to their patients upon request. Failure of any
5 patient to disclose medication prescribed by a naturopathic
6 physician as required by this section shall establish a
7 presumption that subsequent injuries sustained by such patient
8 were caused by the failure to disclose medication prescribed
9 by a naturopathic physician. This presumption may be rebutted
10 by clear and convincing evidence that such patient's injuries
11 were caused by the negligence of the primary care physician.
12 Section 30. Section 462.401, Florida Statutes, is
13 created to read:
14 462.401 Licensure by endorsement.--The board shall
15 waive the examination requirements of s. 462.193(1)(h) for a
16 naturopathic physician by endorsement applicant who
17 demonstrates proof of equivalent education and training and
18 proof acceptable to the board of current naturopathic medicine
19 licensure in good standing in another state, the District of
20 Columbia, or a territory of the United States, whose standards
21 for licensure are at least equivalent to those in this state.
22 Any applicant seeking a license by endorsement pursuant to
23 this section must provide proof of licensure in good standing
24 in all states in which he or she is or has been licensed and
25 must pay the appropriate fee.
26 Section 31. Section 462.402, Florida Statutes, is
27 created to read:
28 462.402 Rulemaking authority.--The board may adopt
29 rules pursuant to ss. 120.536(1) and 120.54 to implement the
30 provisions of this chapter which confer duties upon the board.
31 Section 32. This act shall take effect January 1,
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1 2007.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
7
8 and insert:
9 A bill to be entitled
10 An act relating to naturopathic medicine;
11 providing a short title; changing the title of
12 ch. 462, F.S., from "Naturopathy" to
13 "Naturopathic Medicine"; amending s. 462.01,
14 F.S.; revising and providing definitions;
15 creating s. 462.0215, F.S.; creating the Board
16 of Naturopathic Medicine; providing membership
17 and duties of the board; providing guidelines
18 for probable cause panels and disciplinary
19 decisions; providing applicability of ch. 456,
20 F.S.; amending s. 462.023, F.S.; providing
21 powers and duties of the board under ch. 462,
22 F.S., including rulemaking authority; deleting
23 obsolete language; amending s. 462.08, F.S.;
24 conforming terminology; amending s. 462.11,
25 F.S.; conforming and correcting terminology;
26 amending s. 462.13, F.S.; providing additional
27 powers and duties of the board; amending s.
28 462.14, F.S.; specifying authority of the board
29 and the department with respect to disciplinary
30 action and revising grounds for disciplinary
31 action with respect to such authority;
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1 conforming terminology; amending s. 462.16,
2 F.S.; specifying authority for setting the fee
3 for the reissuance of license under certain
4 circumstances; conforming terminology; amending
5 s. 462.17, F.S.; conforming terminology;
6 amending s. 462.18, F.S.; revising educational
7 requirements; conforming terminology; amending
8 s. 462.19, F.S.; increasing the maximum amount
9 at which the inactive status fee may be set;
10 creating s. 462.193, F.S.; providing
11 requirements for licensure as a doctor of
12 naturopathic medicine, naturopathic doctor, or
13 naturopathic physician; providing fees;
14 providing grounds for denying or restricting
15 licenses; providing for the applicability of
16 certain rights to doctors of naturopathic
17 medicine, naturopathic doctors, or naturopathic
18 physicians who have certain qualifications;
19 creating s. 462.195, F.S.; providing exemptions
20 from licensure requirements; amending s.
21 462.2001, F.S.; updating the saving clause;
22 conforming terminology; providing that certain
23 rights and privileges of active licensees are
24 retained; amending ss. 20.43, 381.0031,
25 468.301, 476.044, 477.0135, 485.003, 486.161,
26 627.351, 893.02, and 921.0022, F.S.; conforming
27 terminology; creating s. 462.30, F.S.;
28 providing for the licensure of current
29 practitioners of naturopathic medicine;
30 providing an application deadline; creating s.
31 462.40, F.S.; providing responsibility of
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1 patients to disclose to their primary care
2 physicians medications prescribed or
3 recommended by naturopathic physicians;
4 providing related responsibilities of
5 naturopathic physicians; providing a rebuttable
6 presumption; creating s. 462.401, F.S.;
7 providing for licensure by endorsement;
8 creating s. 462.402, F.S.; providing for
9 rulemaking; providing an effective date.
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