Senate Bill sb0248c1
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Florida Senate - 2007 CS for SB 248
By the Committee on Health Regulation; and Senator Saunders
588-1911-07
1 A bill to be entitled
2 An act relating to nursing specialties;
3 amending s. 464.003, F.S.; defining the terms
4 "clinical nurse specialist practice" and
5 "clinical nurse specialist"; creating s.
6 464.0115, F.S.; providing requirements for
7 certification as a clinical nurse specialist;
8 providing fees; authorizing the Board of
9 Nursing to adopt rules; amending s. 464.012,
10 F.S.; adding clinical nurse specialist to the
11 classifications of advanced registered nurse
12 practitioners; amending s. 464.015, F.S.;
13 restricting the use of professional titles and
14 abbreviations relating to practice by clinical
15 nurse specialists, certified registered nurse
16 anesthetists, and certified nurse midwives;
17 providing penalties; amending s. 464.016, F.S.;
18 prohibiting the use of any name or title
19 stating or implying that a person is a clinical
20 nurse specialist, certified registered nurse
21 anesthetist, or certified nurse midwife unless
22 the person is licensed or certified; providing
23 penalties; reenacting s. 921.0022(3)(g), F.S.,
24 relating to the offense severity ranking chart
25 of the Criminal Punishment Code, to incorporate
26 the amendment to s. 464.016, F.S., in a
27 reference thereto; amending ss. 458.348 and
28 459.025, F.S.; conforming cross-references;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 464.003, Florida Statutes, is
2 amended to read:
3 464.003 Definitions.--As used in this part, the term:
4 (1) "Department" means the Department of Health.
5 (2) "Board" means the Board of Nursing.
6 (3)(a) "Practice of professional nursing" means the
7 performance of those acts requiring substantial specialized
8 knowledge, judgment, and nursing skill based upon applied
9 principles of psychological, biological, physical, and social
10 sciences which shall include, but not be limited to:
11 1. The observation, assessment, nursing diagnosis,
12 planning, intervention, and evaluation of care; health
13 teaching and counseling of the ill, injured, or infirm; and
14 the promotion of wellness, maintenance of health, and
15 prevention of illness of others.
16 2. The administration of medications and treatments as
17 prescribed or authorized by a duly licensed practitioner
18 authorized by the laws of this state to prescribe such
19 medications and treatments.
20 3. The supervision and teaching of other personnel in
21 the theory and performance of any of the above acts.
22 (b) "Practice of practical nursing" means the
23 performance of selected acts, including the administration of
24 treatments and medications, in the care of the ill, injured,
25 or infirm and the promotion of wellness, maintenance of
26 health, and prevention of illness of others under the
27 direction of a registered nurse, a licensed physician, a
28 licensed osteopathic physician, a licensed podiatric
29 physician, or a licensed dentist.
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1 The professional nurse and the practical nurse shall be
2 responsible and accountable for making decisions that are
3 based upon the individual's educational preparation and
4 experience in nursing.
5 (c) "Clinical nurse specialist practice" means the
6 delivery and management of advanced practice nursing care to
7 individuals or groups, including the ability to:
8 1. Assess the health status of individuals and
9 families using methods appropriate to the population and area
10 of practice.
11 2. Diagnose human responses to actual or potential
12 health problems.
13 3. Plan for health promotion, disease prevention, and
14 therapeutic intervention in collaboration with the patient or
15 client.
16 4. Implement therapeutic interventions based on the
17 nurse specialist's area of expertise, including, but not
18 limited to, direct nursing care, counseling, teaching, and
19 collaboration with other licensed health care providers.
20 5. Coordinate health care as necessary and appropriate
21 and evaluate with the patient or client the effectiveness of
22 care.
23 (d)(c) "Advanced or specialized nursing practice"
24 means, in addition to the practice of professional nursing,
25 the performance of advanced-level nursing acts approved by the
26 board which, by virtue of postbasic specialized education,
27 training, and experience, are proper to be performed by an
28 advanced registered nurse practitioner. Within the context of
29 advanced or specialized nursing practice, the advanced
30 registered nurse practitioner may perform acts of nursing
31 diagnosis and nursing treatment of alterations of the health
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1 status. The advanced registered nurse practitioner may also
2 perform acts of medical diagnosis and treatment, prescription,
3 and operation which are identified and approved by a joint
4 committee composed of three members appointed by the Board of
5 Nursing, two of whom shall be advanced registered nurse
6 practitioners; three members appointed by the Board of
7 Medicine, two of whom shall have had work experience with
8 advanced registered nurse practitioners; and the secretary of
9 the department or the secretary's designee. Each committee
10 member appointed by a board shall be appointed to a term of 4
11 years unless a shorter term is required to establish or
12 maintain staggered terms. The Board of Nursing shall adopt
13 rules authorizing the performance of any such acts approved by
14 the joint committee. Unless otherwise specified by the joint
15 committee, such acts shall be performed under the general
16 supervision of a practitioner licensed under chapter 458,
17 chapter 459, or chapter 466 within the framework of standing
18 protocols which identify the medical acts to be performed and
19 the conditions for their performance. The department may, by
20 rule, require that a copy of the protocol be filed with the
21 department along with the notice required by s. 458.348.
22 (e)(d) "Nursing diagnosis" means the observation and
23 evaluation of physical or mental conditions, behaviors, signs
24 and symptoms of illness, and reactions to treatment and the
25 determination as to whether such conditions, signs, symptoms,
26 and reactions represent a deviation from normal.
27 (f)(e) "Nursing treatment" means the establishment and
28 implementation of a nursing regimen for the care and comfort
29 of individuals, the prevention of illness, and the education,
30 restoration, and maintenance of health.
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1 (4) "Registered nurse" means any person licensed in
2 this state to practice professional nursing.
3 (5) "Licensed practical nurse" means any person
4 licensed in this state to practice practical nursing.
5 (6) "Clinical nurse specialist" means any person
6 licensed in this state to practice professional nursing and
7 certified in clinical nurse specialist practice.
8 (7)(6) "Advanced registered nurse practitioner" means
9 any person licensed in this state to practice professional
10 nursing and certified in advanced or specialized nursing
11 practice, including certified registered nurse anesthetists,
12 certified nurse midwives, and nurse practitioners.
13 (8)(7) "Approved program" means a nursing program
14 conducted in a school, college, or university which is
15 approved by the board pursuant to s. 464.019 for the education
16 of nurses.
17 Section 2. Section 464.0115, Florida Statutes, is
18 created to read:
19 464.0115 Certification of clinical nurse
20 specialists.--
21 (1) Any nurse desiring to be certified as a clinical
22 nurse specialist must apply to the department and submit proof
23 that he or she holds a current license to practice
24 professional nursing, a master's degree in a clinical nursing
25 specialty, and current certification in a specialty area as a
26 clinical nurse specialist from a nationally recognized
27 certifying body as determined by the board.
28 (2) The board shall certify, and the department shall
29 issue a certificate to, any nurse who fulfills the
30 qualifications in this section. The board shall establish an
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1 application fee not to exceed $25 and a biennial renewal fee
2 not to exceed $10.
3 (3) The board may adopt rules necessary to administer
4 this section pursuant to ss. 120.536(1) and 120.54.
5 Section 3. Subsections (2) and (3) of section 464.012,
6 Florida Statutes, are amended to read:
7 464.012 Certification of advanced registered nurse
8 practitioners; fees.--
9 (2) The board shall provide by rule the appropriate
10 requirements for advanced registered nurse practitioners in
11 the categories of certified registered nurse anesthetist,
12 certified nurse midwife, and nurse practitioner, and clinical
13 nurse specialist.
14 (3) An advanced registered nurse practitioner shall
15 perform those functions authorized in this section within the
16 framework of an established protocol that is filed with the
17 board upon biennial license renewal and within 30 days after
18 entering into a supervisory relationship with a physician or
19 changes to the protocol. The board shall review the protocol
20 to ensure compliance with applicable regulatory standards for
21 protocols. The board shall refer to the department licensees
22 submitting protocols that are not compliant with the
23 regulatory standards for protocols. A practitioner currently
24 licensed under chapter 458, chapter 459, or chapter 466 shall
25 maintain supervision for directing the specific course of
26 medical treatment. Within the established framework, an
27 advanced registered nurse practitioner may:
28 (a) Monitor and alter drug therapies.
29 (b) Initiate appropriate therapies for certain
30 conditions.
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1 (c) Perform additional functions as may be determined
2 by rule in accordance with s. 464.003(3)(d) s. 464.003(3)(c).
3 (d) Order diagnostic tests and physical and
4 occupational therapy.
5 Section 4. Section 464.015, Florida Statutes, is
6 amended to read:
7 464.015 Titles and abbreviations; restrictions;
8 penalty.--
9 (1) Only persons who hold licenses to practice
10 professional nursing in this state or who are performing
11 nursing services pursuant to the exception set forth in s.
12 464.022(8) shall have the right to use the title "Registered
13 Nurse" and the abbreviation "R.N."
14 (2) Only persons who hold licenses to practice as
15 licensed practical nurses in this state or who are performing
16 practical nursing services pursuant to the exception set forth
17 in s. 464.022(8) shall have the right to use the title
18 "Licensed Practical Nurse" and the abbreviation "L.P.N."
19 (3) Only persons who are graduates of approved
20 programs or the equivalent may use the term "Graduate Nurse"
21 and the abbreviation "G.N.," pending the results of the first
22 licensure examination for which they are eligible.
23 (4) Only persons who are graduates of approved
24 programs or the equivalent may use the term "Graduate
25 Practical Nurse" and the abbreviation "G.P.N.," pending the
26 results of the first licensure examination for which they are
27 eligible.
28 (5) Only persons who hold valid certificates to
29 practice as clinical nurse specialists in this state may use
30 the title "Clinical Nurse Specialist" and the abbreviation
31 "C.N.S."
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1 (6) Only persons who hold valid certificates to
2 practice as certified registered nurse anesthetists in this
3 state may use the title "Certified Registered Nurse
4 Anesthetist" and the abbreviations "C.R.N.A." or "nurse
5 anesthetist."
6 (7) Only persons who hold valid certificates to
7 practice as certified nurse midwives in this state may use the
8 title "Certified Nurse Midwife" and the abbreviations "C.N.M."
9 or "nurse midwife."
10 (8)(5) Only persons who hold valid certificates to
11 practice as advanced registered nurse practitioners in this
12 state may shall have the right to use the title "Advanced
13 Registered Nurse Practitioner" and the abbreviation "A.R.N.P."
14 (9)(6) A No person may not shall practice or advertise
15 as, or assume the title of, registered nurse, licensed
16 practical nurse, clinical nurse specialist, certified
17 registered nurse anesthetist, certified nurse midwife, or
18 advanced registered nurse practitioner or use the abbreviation
19 "R.N.," "L.P.N.," "C.N.S.," "C.R.N.A.," "C.N.M.," or
20 "A.R.N.P." or take any other action that would lead the public
21 to believe that person was certified as such or is performing
22 nursing services pursuant to the exception set forth in s.
23 464.022(8), unless that person is licensed or certified to
24 practice as such.
25 (10)(7) A violation of this section is a misdemeanor
26 of the first degree, punishable as provided in s. 775.082 or
27 s. 775.083.
28 Section 5. Section 464.016, Florida Statutes, is
29 amended to read:
30 464.016 Violations and penalties.--
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1 (1) Each of the following acts constitutes a felony of
2 the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084:
4 (a) Practicing advanced or specialized, professional,
5 or practical nursing, as defined in this part, unless holding
6 an active license or certificate to do so.
7 (b) Using or attempting to use a license or
8 certificate which has been suspended or revoked.
9 (c) Knowingly employing unlicensed persons in the
10 practice of nursing.
11 (d) Obtaining or attempting to obtain a license or
12 certificate under this part by misleading statements or
13 knowing misrepresentation.
14 (2) Each of the following acts constitutes a
15 misdemeanor of the first degree, punishable as provided in s.
16 775.082 or s. 775.083:
17 (a) Using the name or title "Nurse," "Registered
18 Nurse," "Licensed Practical Nurse," "Clinical Nurse
19 Specialist," "Certified Registered Nurse Anesthetist,"
20 "Certified Nurse Midwife," "Advanced Registered Nurse
21 Practitioner," or any other name or title which implies that a
22 person was licensed or certified as same, unless such person
23 is duly licensed or certified.
24 (b) Knowingly concealing information relating to
25 violations of this part.
26 Section 6. For the purpose of incorporating the
27 amendment to section 464.016, Florida Statutes, in a reference
28 thereto, paragraph (g) of subsection (3) of section 921.0022,
29 Florida Statutes, is reenacted to read:
30 921.0022 Criminal Punishment Code; offense severity
31 ranking chart.--
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1 (3) OFFENSE SEVERITY RANKING CHART
2
3 Florida Felony
4 Statute Degree Description
5
6
7 (g) LEVEL 7
8 316.027(1)(b) 1st Accident involving death, failure
9 to stop; leaving scene.
10 316.193(3)(c)2. 3rd DUI resulting in serious bodily
11 injury.
12 316.1935(3)(b) 1st Causing serious bodily injury or
13 death to another person; driving
14 at high speed or with wanton
15 disregard for safety while
16 fleeing or attempting to elude
17 law enforcement officer who is in
18 a patrol vehicle with siren and
19 lights activated.
20 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
21 bodily injury.
22 402.319(2) 2nd Misrepresentation and negligence
23 or intentional act resulting in
24 great bodily harm, permanent
25 disfiguration, permanent
26 disability, or death.
27 409.920(2) 3rd Medicaid provider fraud.
28 456.065(2) 3rd Practicing a health care
29 profession without a license.
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1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 775.21(10)(a) 3rd Sexual predator; failure to
24 register; failure to renew
25 driver's license or
26 identification card; other
27 registration violations.
28 775.21(10)(b) 3rd Sexual predator working where
29 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.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more or a semitrailer
25 deployed by a law enforcement
26 officer; property stolen while
27 causing other property damage;
28 1st degree grand theft.
29 812.014(2)(b)2. 2nd Property stolen, cargo valued at
30 less than $50,000, grand theft in
31 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 847.0135(3) 3rd Solicitation of a child, via a
25 computer service, to commit an
26 unlawful sex act.
27 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 943.0435(4)(c) 2nd Sexual offender vacating
7 permanent residence; failure to
8 comply with reporting
9 requirements.
10 943.0435(8) 2nd Sexual offender; remains in state
11 after indicating intent to leave;
12 failure to comply with reporting
13 requirements.
14 943.0435(9)(a) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 943.0435(13) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 943.0435(14) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 944.607(9) 3rd Sexual offender; failure to
25 comply with reporting
26 requirements.
27 944.607(10)(a) 3rd Sexual offender; failure to
28 submit to the taking of a
29 digitized photograph.
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1 944.607(12) 3rd Failure to report or providing
2 false information about a sexual
3 offender; harbor or conceal a
4 sexual offender.
5 944.607(13) 3rd Sexual offender; failure to
6 report and reregister; failure to
7 respond to address verification.
8 Section 7. Paragraph (a) of subsection (1) and
9 subsection (2) of section 458.348, Florida Statutes, are
10 amended to read:
11 458.348 Formal supervisory relationships, standing
12 orders, and established protocols; notice; standards.--
13 (1) NOTICE.--
14 (a) When a physician enters into a formal supervisory
15 relationship or standing orders with an emergency medical
16 technician or paramedic licensed pursuant to s. 401.27, which
17 relationship or orders contemplate the performance of medical
18 acts, or when a physician enters into an established protocol
19 with an advanced registered nurse practitioner, which protocol
20 contemplates the performance of medical acts identified and
21 approved by the joint committee pursuant to s. 464.003(3)(d)
22 s. 464.003(3)(c) or acts set forth in s. 464.012(3) and (4),
23 the physician shall submit notice to the board. The notice
24 shall contain a statement in substantially the following form:
25
26 I, ...(name and professional license number of
27 physician)..., of ...(address of physician)... have hereby
28 entered into a formal supervisory relationship, standing
29 orders, or an established protocol with ...(number of
30 persons)... emergency medical technician(s), ...(number of
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1 persons)... paramedic(s), or ...(number of persons)...
2 advanced registered nurse practitioner(s).
3 (2) ESTABLISHMENT OF STANDARDS BY JOINT
4 COMMITTEE.--The joint committee created under s. 464.003(3)(d)
5 by s. 464.003(3)(c) shall determine minimum standards for the
6 content of established protocols pursuant to which an advanced
7 registered nurse practitioner may perform medical acts
8 identified and approved by the joint committee pursuant to s.
9 464.003(3)(d) s. 464.003(3)(c) or acts set forth in s.
10 464.012(3) and (4) and shall determine minimum standards for
11 supervision of such acts by the physician, unless the joint
12 committee determines that any act set forth in s. 464.012(3)
13 or (4) is not a medical act. Such standards shall be based on
14 risk to the patient and acceptable standards of medical care
15 and shall take into account the special problems of medically
16 underserved areas. The standards developed by the joint
17 committee shall be adopted as rules by the Board of Nursing
18 and the Board of Medicine for purposes of carrying out their
19 responsibilities pursuant to part I of chapter 464 and this
20 chapter, respectively, but neither board shall have
21 disciplinary powers over the licensees of the other board.
22 Section 8. Paragraph (a) of subsection (1) of section
23 459.025, Florida Statutes, is amended to read:
24 459.025 Formal supervisory relationships, standing
25 orders, and established protocols; notice; standards.--
26 (1) NOTICE.--
27 (a) When an osteopathic physician enters into a formal
28 supervisory relationship or standing orders with an emergency
29 medical technician or paramedic licensed pursuant to s.
30 401.27, which relationship or orders contemplate the
31 performance of medical acts, or when an osteopathic physician
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1 enters into an established protocol with an advanced
2 registered nurse practitioner, which protocol contemplates the
3 performance of medical acts identified and approved by the
4 joint committee pursuant to s. 464.003(3)(d) s. 464.003(3)(c)
5 or acts set forth in s. 464.012(3) and (4), the osteopathic
6 physician shall submit notice to the board. The notice must
7 contain a statement in substantially the following form:
8 I, (name and professional license number of osteopathic
9 physician), of (address of osteopathic physician) have hereby
10 entered into a formal supervisory relationship, standing
11 orders, or an established protocol with (number of persons)
12 emergency medical technician(s), (number of persons)
13 paramedic(s), or (number of persons) advanced registered nurse
14 practitioner(s).
15 Section 9. This act shall take effect July 1, 2007.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 248
19
20 The committee substitute revises the definition of "clinical
nurse specialist practice" and also revises the list of
21 protected nursing titles.
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