Senate Bill sb0248er
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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.; conforming a cross-reference; amending s.
11 464.015, F.S.; restricting the use of
12 professional titles and abbreviations relating
13 to practice by clinical nurse specialists,
14 certified registered nurse anesthetists, and
15 certified nurse midwives; providing penalties;
16 amending s. 464.016, F.S.; prohibiting the use
17 of any name or title stating or implying that a
18 person is a clinical nurse specialist,
19 certified registered nurse anesthetist, or
20 certified nurse midwife unless the person is
21 licensed or certified; providing penalties;
22 reenacting s. 921.0022(3)(g), F.S., relating to
23 the offense severity ranking chart of the
24 Criminal Punishment Code, to incorporate the
25 amendment to s. 464.016, F.S., in a reference
26 thereto; amending ss. 458.348 and 459.025,
27 F.S.; conforming cross-references; providing an
28 appropriation; providing an effective date.
29
30 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 and within the scope of
18 advanced nursing practice, including, but not limited to,
19 direct nursing care, counseling, teaching, and collaboration
20 with other licensed health care providers.
21 5. Coordinate health care as necessary and appropriate
22 and evaluate with the patient or client the effectiveness of
23 care.
24 (d)(c) "Advanced or specialized nursing practice"
25 means, in addition to the practice of professional nursing,
26 the performance of advanced-level nursing acts approved by the
27 board which, by virtue of postbasic specialized education,
28 training, and experience, are appropriately proper to be
29 performed by an advanced registered nurse practitioner.
30 Within the context of advanced or specialized nursing
31 practice, the advanced registered nurse practitioner may
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1 perform acts of nursing diagnosis and nursing treatment of
2 alterations of the health status. The advanced registered
3 nurse practitioner may also perform acts of medical diagnosis
4 and treatment, prescription, and operation which are
5 identified and approved by a joint committee composed of three
6 members appointed by the Board of Nursing, two of whom must
7 shall be advanced registered nurse practitioners; three
8 members appointed by the Board of Medicine, two of whom must
9 shall have had work experience with advanced registered nurse
10 practitioners; and the secretary of the department or the
11 secretary's designee. Each committee member appointed by a
12 board shall be appointed to a term of 4 years unless a shorter
13 term is required to establish or maintain staggered terms. The
14 Board of Nursing shall adopt rules authorizing the performance
15 of any such acts approved by the joint committee. Unless
16 otherwise specified by the joint committee, such acts must
17 shall be performed under the general supervision of a
18 practitioner licensed under chapter 458, chapter 459, or
19 chapter 466 within the framework of standing protocols which
20 identify the medical acts to be performed and the conditions
21 for their performance. The department may, by rule, require
22 that a copy of the protocol be filed with the department along
23 with the notice required by s. 458.348.
24 (e)(d) "Nursing diagnosis" means the observation and
25 evaluation of physical or mental conditions, behaviors, signs
26 and symptoms of illness, and reactions to treatment and the
27 determination as to whether such conditions, signs, symptoms,
28 and reactions represent a deviation from normal.
29 (f)(e) "Nursing treatment" means the establishment and
30 implementation of a nursing regimen for the care and comfort
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1 of individuals, the prevention of illness, and the education,
2 restoration, and maintenance of health.
3 (4) "Registered nurse" means any person licensed in
4 this state to practice professional nursing.
5 (5) "Licensed practical nurse" means any person
6 licensed in this state to practice practical nursing.
7 (6) "Clinical nurse specialist" means any person
8 licensed in this state to practice professional nursing and
9 certified in clinical nurse specialist practice.
10 (7)(6) "Advanced registered nurse practitioner" means
11 any person licensed in this state to practice professional
12 nursing and certified in advanced or specialized nursing
13 practice, including certified registered nurse anesthetists,
14 certified nurse midwives, and nurse practitioners.
15 (8)(7) "Approved program" means a nursing program
16 conducted in a school, college, or university which is
17 approved by the board pursuant to s. 464.019 for the education
18 of nurses.
19 Section 2. Section 464.0115, Florida Statutes, is
20 created to read:
21 464.0115 Certification of clinical nurse
22 specialists.--
23 (1) Any nurse seeking certification as a clinical
24 nurse specialist must apply to the department and submit proof
25 that he or she holds a current license to practice
26 professional nursing, a master's degree in a clinical nursing
27 specialty, and current certification in a specialty area as a
28 clinical nurse specialist from a nationally recognized
29 certifying body as determined by the board.
30 (2) The board shall certify, and the department shall
31 issue a certificate to, any nurse who fulfills the
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1 qualifications of this section. The board shall establish an
2 application fee not to exceed $75 and a biennial renewal fee
3 not to exceed $75.
4 (3) The board may adopt rules necessary to administer
5 this section pursuant to ss. 120.536(1) and 120.54.
6 Section 3. Subsection (3) of section 464.012, Florida
7 Statutes, is amended to read:
8 464.012 Certification of advanced registered nurse
9 practitioners; fees.--
10 (3) An advanced registered nurse practitioner shall
11 perform those functions authorized in this section within the
12 framework of an established protocol that is filed with the
13 board upon biennial license renewal and within 30 days after
14 entering into a supervisory relationship with a physician or
15 changes to the protocol. The board shall review the protocol
16 to ensure compliance with applicable regulatory standards for
17 protocols. The board shall refer to the department licensees
18 submitting protocols that are not compliant with the
19 regulatory standards for protocols. A practitioner currently
20 licensed under chapter 458, chapter 459, or chapter 466 shall
21 maintain supervision for directing the specific course of
22 medical treatment. Within the established framework, an
23 advanced registered nurse practitioner may:
24 (a) Monitor and alter drug therapies.
25 (b) Initiate appropriate therapies for certain
26 conditions.
27 (c) Perform additional functions as may be determined
28 by rule in accordance with s. 464.003(3)(d) s. 464.003(3)(c).
29 (d) Order diagnostic tests and physical and
30 occupational therapy.
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1 Section 4. Section 464.015, Florida Statutes, is
2 amended to read:
3 464.015 Titles and abbreviations; restrictions;
4 penalty.--
5 (1) Only persons who hold licenses to practice
6 professional nursing in this state or who are performing
7 nursing services pursuant to the exception set forth in s.
8 464.022(8) shall have the right to use the title "Registered
9 Nurse" and the abbreviation "R.N."
10 (2) Only persons who hold licenses to practice as
11 licensed practical nurses in this state or who are performing
12 practical nursing services pursuant to the exception set forth
13 in s. 464.022(8) shall have the right to use the title
14 "Licensed Practical Nurse" and the abbreviation "L.P.N."
15 (3) Only persons who are graduates of approved
16 programs or the equivalent may use the term "Graduate Nurse"
17 and the abbreviation "G.N.," pending the results of the first
18 licensure examination for which they are eligible.
19 (4) Only persons who are graduates of approved
20 programs or the equivalent may use the term "Graduate
21 Practical Nurse" and the abbreviation "G.P.N.," pending the
22 results of the first licensure examination for which they are
23 eligible.
24 (5) Only persons who hold valid certificates to
25 practice as clinical nurse specialists in this state may use
26 the title "Clinical Nurse Specialist" and the abbreviation
27 "C.N.S."
28 (6) Only persons who hold valid certificates to
29 practice as certified registered nurse anesthetists in this
30 state may use the title "Certified Registered Nurse
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1 Anesthetist" and the abbreviations "C.R.N.A." or "nurse
2 anesthetist."
3 (7) Only persons who hold valid certificates to
4 practice as certified nurse midwives in this state may use the
5 title "Certified Nurse Midwife" and the abbreviations "C.N.M."
6 or "nurse midwife."
7 (8)(5) Only persons who hold valid certificates to
8 practice as advanced registered nurse practitioners in this
9 state may shall have the right to use the title "Advanced
10 Registered Nurse Practitioner" and the abbreviation "A.R.N.P."
11 (9)(6) A No person may not shall practice or advertise
12 as, or assume the title of, registered nurse, licensed
13 practical nurse, clinical nurse specialist, certified
14 registered nurse anesthetist, certified nurse midwife, or
15 advanced registered nurse practitioner or use the abbreviation
16 "R.N.," "L.P.N.," "C.N.S.," "C.R.N.A.," "C.N.M.," or
17 "A.R.N.P." or take any other action that would lead the public
18 to believe that person was certified as such or is performing
19 nursing services pursuant to the exception set forth in s.
20 464.022(8), unless that person is licensed or certified to
21 practice as such.
22 (10)(7) A violation of this section is a misdemeanor
23 of the first degree, punishable as provided in s. 775.082 or
24 s. 775.083.
25 Section 5. Section 464.016, Florida Statutes, is
26 amended to read:
27 464.016 Violations and penalties.--
28 (1) Each of the following acts constitutes a felony of
29 the third degree, punishable as provided in s. 775.082, s.
30 775.083, or s. 775.084:
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1 (a) Practicing advanced or specialized, professional,
2 or practical nursing, as defined in this part, unless holding
3 an active license or certificate to do so.
4 (b) Using or attempting to use a license or
5 certificate which has been suspended or revoked.
6 (c) Knowingly employing unlicensed persons in the
7 practice of nursing.
8 (d) Obtaining or attempting to obtain a license or
9 certificate under this part by misleading statements or
10 knowing misrepresentation.
11 (2) Each of the following acts constitutes a
12 misdemeanor of the first degree, punishable as provided in s.
13 775.082 or s. 775.083:
14 (a) Using the name or title "Nurse," "Registered
15 Nurse," "Licensed Practical Nurse," "Clinical Nurse
16 Specialist," "Certified Registered Nurse Anesthetist,"
17 "Certified Nurse Midwife," "Advanced Registered Nurse
18 Practitioner," or any other name or title which implies that a
19 person was licensed or certified as same, unless such person
20 is duly licensed or certified.
21 (b) Knowingly concealing information relating to
22 violations of this part.
23 Section 6. For the purpose of incorporating the
24 amendment to section 464.016, Florida Statutes, in a reference
25 thereto, paragraph (g) of subsection (3) of section 921.0022,
26 Florida Statutes, is reenacted to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
3
4
5 (g) LEVEL 7
6 316.027(1)(b) 1st Accident involving death, failure
7 to stop; leaving scene.
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 316.1935(3)(b) 1st Causing serious bodily injury or
11 death to another person; driving
12 at high speed or with wanton
13 disregard for safety while
14 fleeing or attempting to elude
15 law enforcement officer who is in
16 a patrol vehicle with siren and
17 lights activated.
18 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
19 bodily injury.
20 402.319(2) 2nd Misrepresentation and negligence
21 or intentional act resulting in
22 great bodily harm, permanent
23 disfiguration, permanent
24 disability, or death.
25 409.920(2) 3rd Medicaid provider fraud.
26 456.065(2) 3rd Practicing a health care
27 profession without a license.
28 456.065(2) 2nd Practicing a health care
29 profession without a license
30 which results in serious bodily
31 injury.
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1 458.327(1) 3rd Practicing medicine without a
2 license.
3 459.013(1) 3rd Practicing osteopathic medicine
4 without a license.
5 460.411(1) 3rd Practicing chiropractic medicine
6 without a license.
7 461.012(1) 3rd Practicing podiatric medicine
8 without a license.
9 462.17 3rd Practicing naturopathy without a
10 license.
11 463.015(1) 3rd Practicing optometry without a
12 license.
13 464.016(1) 3rd Practicing nursing without a
14 license.
15 465.015(2) 3rd Practicing pharmacy without a
16 license.
17 466.026(1) 3rd Practicing dentistry or dental
18 hygiene without a license.
19 467.201 3rd Practicing midwifery without a
20 license.
21 468.366 3rd Delivering respiratory care
22 services without a license.
23 483.828(1) 3rd Practicing as clinical laboratory
24 personnel without a license.
25 483.901(9) 3rd Practicing medical physics
26 without a license.
27 484.013(1)(c) 3rd Preparing or dispensing optical
28 devices without a prescription.
29 484.053 3rd Dispensing hearing aids without a
30 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 775.21(10)(a) 3rd Sexual predator; failure to
20 register; failure to renew
21 driver's license or
22 identification card; other
23 registration violations.
24 775.21(10)(b) 3rd Sexual predator working where
25 children regularly congregate.
26 775.21(10)(g) 3rd Failure to report or providing
27 false information about a sexual
28 predator; harbor or conceal a
29 sexual predator.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.048(7) 3rd Aggravated stalking; violation of
27 court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.074(1)(a) 1st Aggravated battery on sexually
31 violent predators facility staff.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.165(2) 2nd Manufacture, sell, possess, or
16 deliver hoax bomb.
17 790.165(3) 2nd Possessing, displaying, or
18 threatening to use any hoax bomb
19 while committing or attempting to
20 commit a felony.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 790.166(4) 2nd Possessing, displaying, or
25 threatening to use a hoax weapon
26 of mass destruction while
27 committing or attempting to
28 commit a felony.
29 796.03 2nd Procuring any person under 16
30 years for prostitution.
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1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a)1. 1st Property stolen, valued at
17 $100,000 or more or a semitrailer
18 deployed by a law enforcement
19 officer; property stolen while
20 causing other property damage;
21 1st degree grand theft.
22 812.014(2)(b)2. 2nd Property stolen, cargo valued at
23 less than $50,000, grand theft in
24 2nd degree.
25 812.014(2)(b)3. 2nd Property stolen, emergency
26 medical equipment; 2nd degree
27 grand theft.
28 812.0145(2)(a) 1st Theft from person 65 years of age
29 or older; $50,000 or more.
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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)&
17 (3)(b) 1st Making false entries of material
18 fact or false statements
19 regarding property values
20 relating to the solvency of an
21 insuring entity which are a
22 significant cause of the
23 insolvency of that entity.
24 825.102(3)(b) 2nd Neglecting an elderly person or
25 disabled adult causing great
26 bodily harm, disability, or
27 disfigurement.
28 825.103(2)(b) 2nd Exploiting an elderly person or
29 disabled adult and property is
30 valued at $20,000 or more, but
31 less than $100,000.
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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.
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1 893.13(1)(e)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
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(k)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
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1 943.0435(4)(c) 2nd Sexual offender vacating
2 permanent residence; failure to
3 comply with reporting
4 requirements.
5 943.0435(8) 2nd Sexual offender; remains in state
6 after indicating intent to leave;
7 failure to comply with reporting
8 requirements.
9 943.0435(9)(a) 3rd Sexual offender; failure to
10 comply with reporting
11 requirements.
12 943.0435(13) 3rd Failure to report or providing
13 false information about a sexual
14 offender; harbor or conceal a
15 sexual offender.
16 943.0435(14) 3rd Sexual offender; failure to
17 report and reregister; failure to
18 respond to address verification.
19 944.607(9) 3rd Sexual offender; failure to
20 comply with reporting
21 requirements.
22 944.607(10)(a) 3rd Sexual offender; failure to
23 submit to the taking of a
24 digitized photograph.
25 944.607(12) 3rd Failure to report or providing
26 false information about a sexual
27 offender; harbor or conceal a
28 sexual offender.
29 944.607(13) 3rd Sexual offender; failure to
30 report and reregister; failure to
31 respond to address verification.
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1 Section 7. Paragraph (a) of subsection (1) and
2 subsection (2) of section 458.348, Florida Statutes, are
3 amended to read:
4 458.348 Formal supervisory relationships, standing
5 orders, and established protocols; notice; standards.--
6 (1) NOTICE.--
7 (a) When a physician enters into a formal supervisory
8 relationship or standing orders with an emergency medical
9 technician or paramedic licensed pursuant to s. 401.27, which
10 relationship or orders contemplate the performance of medical
11 acts, or when a physician enters into an established protocol
12 with an advanced registered nurse practitioner, which protocol
13 contemplates the performance of medical acts identified and
14 approved by the joint committee pursuant to s. 464.003(3)(d)
15 s. 464.003(3)(c) or acts set forth in s. 464.012(3) and (4),
16 the physician shall submit notice to the board. The notice
17 shall contain a statement in substantially the following form:
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19 I, ...(name and professional license number of
20 physician)..., of ...(address of physician)... have hereby
21 entered into a formal supervisory relationship, standing
22 orders, or an established protocol with ...(number of
23 persons)... emergency medical technician(s), ...(number of
24 persons)... paramedic(s), or ...(number of persons)...
25 advanced registered nurse practitioner(s).
26 (2) ESTABLISHMENT OF STANDARDS BY JOINT
27 COMMITTEE.--The joint committee created under s. 464.003(3)(d)
28 by s. 464.003(3)(c) shall determine minimum standards for the
29 content of established protocols pursuant to which an advanced
30 registered nurse practitioner may perform medical acts
31 identified and approved by the joint committee pursuant to s.
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1 464.003(3)(d) s. 464.003(3)(c) or acts set forth in s.
2 464.012(3) and (4) and shall determine minimum standards for
3 supervision of such acts by the physician, unless the joint
4 committee determines that any act set forth in s. 464.012(3)
5 or (4) is not a medical act. Such standards shall be based on
6 risk to the patient and acceptable standards of medical care
7 and shall take into account the special problems of medically
8 underserved areas. The standards developed by the joint
9 committee shall be adopted as rules by the Board of Nursing
10 and the Board of Medicine for purposes of carrying out their
11 responsibilities pursuant to part I of chapter 464 and this
12 chapter, respectively, but neither board shall have
13 disciplinary powers over the licensees of the other board.
14 Section 8. Paragraph (a) of subsection (1) of section
15 459.025, Florida Statutes, is amended to read:
16 459.025 Formal supervisory relationships, standing
17 orders, and established protocols; notice; standards.--
18 (1) NOTICE.--
19 (a) When an osteopathic physician enters into a formal
20 supervisory relationship or standing orders with an emergency
21 medical technician or paramedic licensed pursuant to s.
22 401.27, which relationship or orders contemplate the
23 performance of medical acts, or when an osteopathic physician
24 enters into an established protocol with an advanced
25 registered nurse practitioner, which protocol contemplates the
26 performance of medical acts identified and approved by the
27 joint committee pursuant to s. 464.003(3)(d) s. 464.003(3)(c)
28 or acts set forth in s. 464.012(3) and (4), the osteopathic
29 physician shall submit notice to the board. The notice must
30 contain a statement in substantially the following form:
31
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2007 Legislature CS for CS for SB 248
1 I, (name and professional license number of osteopathic
2 physician), of (address of osteopathic physician) have hereby
3 entered into a formal supervisory relationship, standing
4 orders, or an established protocol with (number of persons)
5 emergency medical technician(s), (number of persons)
6 paramedic(s), or (number of persons) advanced registered nurse
7 practitioner(s).
8 Section 9. The sum of $75,386 is appropriated from the
9 Medical Quality Assurance Trust Fund to the Department of
10 Health, and one position and associated salary rate of 43,548
11 is authorized to implement this act.
12 Section 10. This act shall take effect July 1, 2007.
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