Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2678
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                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/25/2006 07:51 PM         .                    
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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
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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,
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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
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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:
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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
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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
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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.
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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.
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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:
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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
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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
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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.
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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  
                                  32
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                        Barcode 313544
 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.
                                  33
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                        Barcode 313544
 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.
                                  34
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                        Barcode 313544
 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
                                  35
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                        Barcode 313544
 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  
                                  36
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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  
                                  37
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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),
                                  38
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                        Barcode 313544
 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),
                                  39
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                        Barcode 313544
 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.
                                  40
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                        Barcode 313544
 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
                                  41
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                        Barcode 313544
 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
                                  42
    11:51 AM   04/24/06                            s2678d-he11-c3r
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                        Barcode 313544
 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,
                                  43
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                        Barcode 313544
 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;
                                  44
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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
                                  45
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                        Barcode 313544
 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.
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  46
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