Florida Senate - 2025                                     SB 470
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00657B-25                                           2025470__
    1                        A bill to be entitled                      
    2         An act relating to naturopathic medicine;
    3         redesignating the title of ch. 462, F.S., from
    4         “Naturopathy” to “Naturopathic Medicine”; creating s.
    5         462.001, F.S.; providing legislative findings and
    6         purpose; creating s. 462.002, F.S.; providing
    7         applicability and construction; renumbering and
    8         amending s. 462.01, F.S.; revising and defining terms;
    9         creating s. 462.004, F.S.; creating the Board of
   10         Naturopathic Medicine within the Department of Health;
   11         providing for membership of the board; requiring the
   12         board, in conjunction with the department, to
   13         establish a disciplinary training program for board
   14         members; providing requirements for the program;
   15         providing that board members may not participate in
   16         probable cause panels or disciplinary decisions unless
   17         they have completed the training program; requiring
   18         board members appointed to probable cause panels to
   19         attempt to complete their work on every case
   20         presented; authorizing board members to reconvene a
   21         probable cause panel under certain circumstances;
   22         providing applicability; renumbering and amending s.
   23         462.023, F.S.; authorizing the board to adopt rules;
   24         deleting obsolete language; creating s. 462.006, F.S.;
   25         prohibiting certain unlicensed persons from practicing
   26         naturopathic medicine or promoting, identifying, or
   27         describing themselves using specified titles or
   28         abbreviations; providing construction; creating s.
   29         462.007, F.S.; providing for licensure by examination
   30         of naturopathic physicians; requiring the department
   31         and the board to use an investigative process that
   32         ensures applicants meet the applicable criteria;
   33         authorizing the State Surgeon General or her or his
   34         designee to issue a 90-day licensure delay under
   35         certain circumstances; providing construction;
   36         prohibiting the board from certifying for licensure
   37         certain applicants until a certain investigation is
   38         completed; providing applicability; prohibiting the
   39         department from issuing a license to certain
   40         applicants until the board has reviewed the
   41         application and certified the applicant for licensure;
   42         authorizing the board to enter an order imposing
   43         certain sanctions against or conditions on an
   44         applicant for licensure under certain circumstances;
   45         creating s. 462.008, F.S.; providing for licensure by
   46         endorsement of naturopathic physicians; renumbering
   47         and amending s. 462.08, F.S.; revising requirements
   48         for licensure renewal for naturopathic physicians;
   49         requiring the department to adopt rules; renumbering
   50         and amending s. 462.18, F.S.; revising continuing
   51         education requirements for naturopathic physicians;
   52         requiring naturopathic physicians to use the
   53         department’s electronic continuing education tracking
   54         system to demonstrate compliance with continuing
   55         education requirements; renumbering and amending s.
   56         462.19, F.S.; revising provisions related to
   57         reactivation of inactive naturopathic physician
   58         licenses; requiring the board to adopt rules relating
   59         to the reactivation of inactive licenses; providing
   60         requirements for the rules; prohibiting the department
   61         from reactivating a license until certain conditions
   62         have been met; renumbering and amending s. 462.11,
   63         F.S.; conforming a provision to changes made by the
   64         act; creating s. 462.014, F.S.; requiring the board to
   65         adopt rules providing for the handling of medical
   66         records by licensed naturopathic physicians; providing
   67         requirements for such rules; creating s. 462.015,
   68         F.S.; providing financial responsibility requirements
   69         as a condition of licensure for naturopathic
   70         physicians; providing exemptions from such
   71         requirements; requiring certain insuring entities to
   72         notify the department promptly of a naturopathic
   73         physician’s cancellation or nonrenewal of insurance;
   74         requiring the department to suspend the license of a
   75         naturopathic physician under certain circumstances
   76         until the licensee demonstrates compliance with
   77         specified requirements; providing applicability;
   78         requiring certain naturopathic physicians to provide a
   79         specified notice to their patients; providing
   80         requirements for the notice; providing for permanent
   81         disqualification from any exemption from the financial
   82         responsibility requirements, and for disciplinary
   83         action, for specified conduct; requiring certain
   84         naturopathic physicians to notify the department in
   85         writing of any change in circumstance and demonstrate
   86         compliance with certain requirements; requiring the
   87         department to suspend the license of a naturopathic
   88         physician under certain circumstances until certain
   89         requirements are met; providing applicability;
   90         requiring the board to adopt rules; renumbering and
   91         amending s. 462.13, F.S.; conforming a provision to
   92         changes made by the act; renumbering and amending s.
   93         462.14, F.S.; revising grounds for disciplinary
   94         action; providing construction; providing for
   95         disciplinary actions by the board and department;
   96         providing for the standard of proof in certain
   97         administrative actions; providing requirements for the
   98         reinstatement of a license for certain persons;
   99         providing requirements for disciplinary guidelines
  100         adopted by the board; providing requirements and
  101         procedures for the department’s receipt of certain
  102         closed claims and reports involving a licensed
  103         naturopathic physician; authorizing the department to
  104         bring an action to enjoin a naturopathic physician
  105         from providing medical services under certain
  106         circumstances; requiring the department to furnish
  107         certain documents promptly to a naturopathic physician
  108         or her or his attorney upon undertaking an
  109         investigation of the naturopathic physician;
  110         authorizing a naturopathic physician who is the
  111         subject of such investigation to submit a written
  112         response within a specified timeframe; requiring that
  113         the response be considered by the probable cause
  114         panel, if held on the matter; creating s. 462.018,
  115         F.S.; prohibiting licensed naturopathic physicians
  116         from holding themselves out as board-certified
  117         specialists unless certified by the board regulating
  118         such specialty; authorizing licensed naturopathic
  119         physicians to indicate or state accurately which
  120         services or types of services they provide within the
  121         scope of practice of naturopathic medicine;
  122         renumbering and amending s. 462.17, F.S.; providing
  123         criminal penalties for specified violations relating
  124         to the practice of naturopathic medicine; creating s.
  125         462.024, F.S.; providing that patients are responsible
  126         for advising treating health care practitioners about
  127         any legend drug, nutrient, or natural medicinal
  128         substance that a naturopathic physician has prescribed
  129         or recommended to the patient; requiring naturopathic
  130         physicians to advise their patients of such
  131         responsibility; creating a rebuttable presumption that
  132         certain injuries sustained by a patient are caused by
  133         her or his failure to disclose such information as
  134         required; providing for the rebuttal of such
  135         presumption under certain circumstances; providing
  136         construction; providing that a naturopathic physician
  137         is not required to confirm whether a patient has
  138         disclosed this information to another treating health
  139         care practitioner; creating s. 462.025, F.S.;
  140         providing severability; renumbering s. 462.09, F.S.,
  141         relating to disposition of fees; repealing s. 462.16,
  142         F.S., relating to reissue of license; repealing s.
  143         462.2001, F.S., relating to saving clause; amending
  144         ss. 20.43, 381.0031, 468.301, 476.044, 477.0135,
  145         485.003, 486.161, 627.351, 893.02, and 921.0022, F.S.;
  146         conforming provisions to changes made by the act;
  147         providing an effective date.
  148          
  149  Be It Enacted by the Legislature of the State of Florida:
  150  
  151         Section 1. Chapter 462, Florida Statutes, entitled
  152  “Naturopathy,” is redesignated as “Naturopathic Medicine.”
  153         Section 2. Section 462.001, Florida Statutes, is created to
  154  read:
  155         462.001 Legislative findings; purpose.—
  156         (1) The Legislature finds that a significant number of this
  157  state’s residents choose naturopathic medicine for their health
  158  care needs, and the Legislature acknowledges that naturopathic
  159  medicine is a distinct health care profession that affects the
  160  public health, safety, and welfare and contributes to freedom of
  161  choice in health care.
  162         (2) The purpose of this chapter is to provide standards for
  163  the licensing and regulation of naturopathic physicians in order
  164  to protect the public health, safety, and welfare; to ensure
  165  that naturopathic health care provided by qualified naturopathic
  166  physicians is available to residents of this state; and to
  167  provide a means of identifying qualified naturopathic
  168  physicians.
  169         Section 3. Section 462.002, Florida Statutes, is created to
  170  read:
  171         462.002 Exceptions.—
  172         (1) This chapter does not apply to:
  173         (a) Other duly licensed health care practitioners acting
  174  within their respective scopes of practice, as authorized by
  175  statute.
  176         (b) Students practicing under the direct supervision of a
  177  licensed naturopathic physician as part of a preceptorship
  178  program while enrolled in a college or university program that
  179  is accredited by, or has candidacy status with, the Council on
  180  Naturopathic Medical Education or an equivalent accrediting body
  181  for the naturopathic medical profession which is recognized by
  182  the United States Department of Education and the board.
  183         (c) Naturopathic residents practicing under the direct
  184  supervision of a licensed naturopathic physician at a residency
  185  site recognized by the Council on Naturopathic Medical Education
  186  or by an equivalent accrediting body for the naturopathic
  187  medical profession which is recognized by the United States
  188  Department of Education and the board.
  189         (d) The practice of the religious tenets of any church in
  190  this state.
  191         (e) The domestic administration of recognized family
  192  remedies.
  193         (2) This chapter does not prohibit:
  194         (a) A person who sells a dietary supplement from providing
  195  information about the dietary supplement.
  196         (b) Any person:
  197         1. Not licensed as a naturopathic physician from employing
  198  in their occupation ayurveda, herbalism, homeopathy, nutrition,
  199  traditional naturopathy, or other natural therapy included as
  200  part of the practice of naturopathic medicine as defined in s.
  201  462.003(8)(a); or
  202         2. From using such terms as, but not limited to,
  203  “traditional naturopath,” provided that the person does not:
  204         a. Use a title protected under s. 462.006;
  205         b. Represent or assume the character or appearance of a
  206  person described in s. 462.006; or
  207         c. Use a name, title, or other designation that indicates
  208  or implies that she or he is a person described in s. 462.006.
  209         (3) This chapter may not be construed to prohibit any
  210  service rendered by a person if such service is rendered under
  211  the direct supervision and control of a licensed naturopathic
  212  physician who is available if needed, provides specific
  213  direction for any service to be performed, and gives final
  214  approval for all services performed.
  215         Section 4. Section 462.01, Florida Statutes, is renumbered
  216  as section 462.003, Florida Statutes, and amended to read:
  217         462.003 462.01 Definitions.—As used in this chapter, the
  218  term:
  219         (1) “Board” means the Board of Naturopathic Medicine
  220  “Natureopathy” and “Naturopathy” shall be construed as
  221  synonymous terms and mean the use and practice of psychological,
  222  mechanical, and material health sciences to aid in purifying,
  223  cleansing, and normalizing human tissues for the preservation or
  224  restoration of health, according to the fundamental principles
  225  of anatomy, physiology, and applied psychology, as may be
  226  required. Naturopathic practice employs, among other agencies,
  227  phytotherapy, dietetics, psychotherapy, suggestotherapy,
  228  hydrotherapy, zone therapy, biochemistry, external applications,
  229  electrotherapy, mechanotherapy, mechanical and electrical
  230  appliances, hygiene, first aid, sanitation, and heliotherapy;
  231  provided, however, that nothing in this chapter shall be held or
  232  construed to authorize any naturopathic physician licensed
  233  hereunder to practice materia medica or surgery or chiropractic
  234  medicine, nor shall the provisions of this law in any manner
  235  apply to or affect the practice of osteopathic medicine,
  236  chiropractic medicine, Christian Science, or any other treatment
  237  authorized and provided for by law for the cure or prevention of
  238  disease and ailments.
  239         (2) “Department” means the Department of Health.
  240         (3) “Division” means the Division of Medical Quality
  241  Assurance of the department.
  242         (4) “Legend drug” has the same meaning as “prescription
  243  drug” as defined in s. 499.003.
  244         (5) “Naturopathic doctoral degree” means the “Doctor of
  245  Naturopathic Medicine,” “Doctor of Naturopathy,” or “Diploma of
  246  Naturopathic Medicine” degree, designated with the post-nominals
  247  “N.D.” or “N.M.D.,” from a college or university that is
  248  accredited by, or has candidacy status with, the Council on
  249  Naturopathic Medical Education or an equivalent accrediting body
  250  for the naturopathic medical profession which is recognized by
  251  the United States Department of Education and the board. When
  252  referring to a naturopathic doctoral degree, the terms and post
  253  nominals specified in this subsection must be construed as
  254  equivalent to each other.
  255         (6) “Naturopathic physician,” which must be construed as
  256  synonymous with the term “naturopathic doctor,” means a person
  257  with a naturopathic doctoral degree who is licensed to practice
  258  naturopathic medicine under this chapter.
  259         (7) “Naturopathic therapeutic order” means a principle
  260  defined by the American Association of Naturopathic Physicians
  261  to guide naturopathic physicians in resolving a patient’s
  262  symptoms and addressing the root cause of a patient’s disease
  263  while using the least therapeutic force necessary.
  264         (8)(a) “Practice of naturopathic medicine,” which must be
  265  construed as synonymous with the term “naturopathic medicine,”
  266  means the diagnosis, prevention, and treatment by a naturopathic
  267  physician of any deformity, disease, injury, pain, or other
  268  physical or mental condition using botanical or fungal extracts,
  269  clinical nutrition, counseling techniques, dietary supplements,
  270  environmental medicine, homeopathic remedies, compounded
  271  bioidentical hormones, legend drugs, lifestyle medicine, or
  272  physical medicine in a manner consistent with prescriptive
  273  rights as defined herein, and emphasizing the importance of the
  274  principles of naturopathic medicine and the naturopathic
  275  therapeutic order.
  276         (b) The practice of naturopathic medicine does not include
  277  any of the following:
  278         1. Prescribing, dispensing, or administering any legend
  279  drug.
  280         2. Performing any surgical procedure.
  281         3. Practicing or claiming to practice as a medical doctor
  282  or physician, an osteopathic physician, a dentist, a podiatric
  283  physician, an optometrist, a psychologist, a nurse practitioner,
  284  a physician assistant, a chiropractic physician, a physical
  285  therapist, an acupuncturist, a midwife, or any other health care
  286  practitioner as defined in s. 456.001.
  287         4. Using general or spinal anesthetics.
  288         5. Administering ionizing radioactive substances.
  289         6. Performing chiropractic or osteopathic adjustments or
  290  manipulations that include high–velocity thrusts at or beyond
  291  the end range of normal joint motion, unless the naturopathic
  292  physician is also licensed as a chiropractic physician or an
  293  osteopathic physician.
  294         7. Performing acupuncture, unless the naturopathic
  295  physician is also licensed as an acupuncturist.
  296         8. Prescribing, dispensing, or administering for cosmetic
  297  purposes any legend drug specified in the definition of the term
  298  prescriptive rights.
  299         9. Managing labor and delivery, unless the naturopathic
  300  physician is also a licensed midwife.
  301         (9) “Preceptorship program” means a component of a
  302  naturopathic doctoral degree program which allows naturopathic
  303  medical students to observe health care practitioners while
  304  attending patients, giving naturopathic medical students a wide
  305  variety of experiences in different health care settings in
  306  order to develop clinical knowledge, attitudes, and skills
  307  relevant to the role of a naturopathic physician.
  308         (10) “Prescriptive rights” means the administration,
  309  prescription, or use of clinical laboratory testing; diagnostic
  310  imaging; injection therapy using herbs, homeopathic remedies,
  311  and nutritional agents in sterile form; medical devices; and
  312  oral or topical compounded bioidentical hormones, all of which
  313  are routinely used in the practice of naturopathic medicine.
  314         (11) “Principles of naturopathic medicine” means the
  315  foundations of naturopathic medical education and practice as
  316  set forth by the American Association of Naturopathic
  317  Physicians, including all of the following principles:
  318         (a) The healing power of nature.
  319         (b) Identify and treat the causes.
  320         (c) First do no harm.
  321         (d) Doctor as teacher.
  322         (e) Treat the whole person.
  323         (f) Prevention.
  324         (12) “Traditional naturopathy” means the use of the
  325  naturopathic therapeutic order, the principles of naturopathic
  326  medicine, or natural therapies included as part of the practice
  327  of naturopathic medicine as defined in this section, excluding
  328  the use of anything defined herein as a prescriptive right by
  329  individuals not meeting the definition of a naturopathic
  330  physician.
  331         Section 5. Section 462.004, Florida Statutes, is created to
  332  read:
  333         462.004 Board of Naturopathic Medicine.—
  334         (1) There is created within the department the Board of
  335  Naturopathic Medicine, composed of seven members appointed by
  336  the Governor and confirmed by the Senate.
  337         (2)(a) Five members of the board must be licensed
  338  naturopathic physicians in good standing in this state who are
  339  residents of this state.
  340         (b) Two members must be residents of this state who are
  341  not, and have never been, licensed health care practitioners.
  342         (c) At least one member must be 55 years of age or older.
  343         (3) For the purpose of staggering terms, the Governor shall
  344  initially appoint to the board three members for terms of 4
  345  years each, two members for terms of 3 years each, and two
  346  members for terms of 2 years each. As the terms of board members
  347  expire, the Governor shall appoint successors for terms of 4
  348  years, and such members shall serve until their successors are
  349  appointed.
  350         (4) The board, in conjunction with the department, shall
  351  establish a disciplinary training program for members of the
  352  board. The program must provide for initial and, thereafter,
  353  periodic training on the grounds for disciplinary action, the
  354  actions that may be taken by the board and the department,
  355  changes in relevant statutes and rules, and all relevant
  356  judicial and administrative decisions. A member of the board may
  357  not participate on a probable cause panel or in a disciplinary
  358  decision of the board unless she or he has completed the
  359  disciplinary training program.
  360         (5) During the terms of service of members of the board on
  361  a probable cause panel, such members shall attempt to complete
  362  their work on every case presented to them. If consideration of
  363  a case has begun but is not completed during the terms of
  364  service of the board members on the panel, the board members may
  365  reconvene as a probable cause panel for the purpose of
  366  completing their deliberations on that case.
  367         (6) All provisions of chapter 456 relating to activities of
  368  boards apply to the board.
  369         Section 6. Section 462.023, Florida Statutes, is renumbered
  370  as section 462.005, Florida Statutes, and amended to read:
  371         462.005 462.023 Rulemaking authority; powers and duties of
  372  the board department.—The board department may adopt such rules
  373  pursuant to ss. 120.536(1) and 120.54 to implement the
  374  provisions of this chapter conferring duties upon it and as are
  375  necessary to carry out the purposes of this chapter, and may
  376  initiate disciplinary action as provided by this chapter, and
  377  shall establish fees based on its estimates of the revenue
  378  required to administer this chapter but shall not exceed the fee
  379  amounts provided in this chapter. The department shall not adopt
  380  any rules which would cause any person who was not licensed in
  381  accordance with this chapter on July 1, 1959, and had not been a
  382  resident of the state for 2 years prior to such date, to become
  383  licensed.
  384         Section 7. Section 462.006, Florida Statutes, is created to
  385  read:
  386         462.006 License required.—
  387         (1) Unless licensed under this chapter, a person may not
  388  practice naturopathic medicine in this state and may not
  389  promote, identify, or describe herself or himself as a “doctor
  390  of naturopathic medicine,” a “naturopathic doctor,” a “doctor of
  391  naturopathy,” or a “naturopathic physician” or use the post
  392  nominals “N.D.” or “N.M.D.” However, this section may not be
  393  construed to prohibit any person licensed in this state under
  394  any other law from engaging in the practice for which she or he
  395  is licensed.
  396         (2) This chapter does not restrict the use of traditional
  397  naturopathy by individuals who clearly represent themselves as
  398  traditional naturopaths.
  399         Section 8. Section 462.007, Florida Statutes, is created to
  400  read:
  401         462.007 Licensure by examination.—
  402         (1) Any person desiring to be licensed as a naturopathic
  403  physician must apply to the department on forms furnished by the
  404  department. The department shall license each applicant who
  405  completes the application form and who the board certifies has
  406  met all of the following criteria:
  407         (a) Is at least 21 years of age.
  408         (b) Has received a bachelor’s degree from one of the
  409  following:
  410         1. A college or university accredited by an accrediting
  411  agency recognized by the United States Department of Education
  412  or the Council for Higher Education Accreditation or its
  413  successor entity.
  414         2. A college or university in Canada which is a member of
  415  Universities Canada.
  416         3. A college or university in a foreign country, and such
  417  applicant has provided evidence that her or his educational
  418  credentials are deemed equivalent to those provided in this
  419  country. To have educational credentials deemed equivalent, the
  420  applicant must provide her or his foreign educational
  421  credentials, including transcripts, course descriptions or
  422  syllabi, and diplomas, to a nationally recognized educational
  423  credential evaluating agency approved by the board for the
  424  evaluation and determination of equivalency of the foreign
  425  educational credentials.
  426         (c) Has received a naturopathic doctoral degree from a
  427  college or program accredited by, or having candidacy status
  428  with, the Council on Naturopathic Medical Education or another
  429  accrediting agency recognized by the United States Department of
  430  Education and the board.
  431         (d) Is physically and mentally fit to practice as a
  432  naturopathic physician.
  433         (e) Is of good moral character and has not done any of the
  434  following:
  435         1. Committed any act or offense in this or any other
  436  jurisdiction which would constitute the basis for disciplining a
  437  naturopathic physician pursuant to s. 462.017.
  438         2. Had an application for licensure in any profession
  439  denied or had her or his license to practice any profession
  440  revoked or suspended by any other state, district, or territory
  441  of the United States or another country for reasons that relate
  442  to her or his ability to practice skillfully and safely as a
  443  naturopathic physician.
  444         3. Been found guilty of a felony.
  445  
  446  The board and the department shall ensure that applicants for
  447  licensure meet the criteria of this paragraph by independently
  448  verifying the provided information through the department’s
  449  investigative process.
  450         (f) Has submitted to the department a set of fingerprints
  451  on a form and in accordance with procedures specified by the
  452  department, along with payment in an amount equal to the costs
  453  incurred by the department for the criminal background check of
  454  the applicant.
  455         (g) Has demonstrated compliance with the financial
  456  responsibility requirements imposed under s. 462.015.
  457         (h) Has obtained a passing score, as determined by board
  458  rule, on Part I - Biomedical Science Examination and Part II -
  459  Core Clinical Science Examination of the competency-based
  460  national Naturopathic Physician Licensing Examination
  461  administered by the North American Board of Naturopathic
  462  Examiners, or an equivalent examination offered by an equivalent
  463  or successor entity, as approved by the board.
  464         (2) The department and the board shall ensure that
  465  applicants for licensure satisfy the applicable criteria in this
  466  section through an investigative process. If the investigative
  467  process is not completed within the timeframe established in s.
  468  120.60(1) and the department or board has reason to believe that
  469  the applicant does not meet such criteria, the State Surgeon
  470  General or her or his designee may issue a 90-day licensure
  471  delay, which must be in writing and sufficient to notify the
  472  applicant of the reason for the delay. This subsection prevails
  473  over any conflicting provision of s. 120.60(1).
  474         (3) The board may not certify to the department for
  475  licensure any applicant who is under investigation in another
  476  jurisdiction for an offense that would constitute a violation of
  477  this chapter or chapter 456 until the investigation has been
  478  completed. Upon completion of the investigation, s. 462.017
  479  applies.
  480         (4)(a) The department may not issue a license to any
  481  individual who has committed an act or offense in any
  482  jurisdiction which would constitute the basis for disciplining a
  483  naturopathic physician under s. 462.017 until the board has
  484  reviewed the application and certified the applicant for
  485  licensure.
  486         (b) If the board finds that an applicant for licensure has
  487  committed an act or offense in any jurisdiction which would
  488  constitute the basis for disciplining a naturopathic physician
  489  under s. 462.017, the board may enter an order imposing one or
  490  more of the sanctions set forth in that section and s.
  491  456.072(2) as applicable to applicants for licensure, including
  492  refusing to certify an application for licensure or certifying
  493  an application for licensure with conditions.
  494         (5) If the board determines that an applicant for licensure
  495  has failed to meet, to the board’s satisfaction, any of the
  496  requirements of this section, it may enter an order imposing one
  497  or more of the following sanctions:
  498         (a) Refusal to certify to the department an application for
  499  licensure.
  500         (b) Certification to the department of an application for
  501  licensure with restrictions on the scope of practice of the
  502  naturopathic physician.
  503         (c) Certification to the department of an application for
  504  licensure with a probationary period for the applicant, subject
  505  to such conditions as the board specifies, including, but not
  506  limited to, requiring the naturopathic physician to submit to
  507  treatment, attend continuing education courses, submit to
  508  reexamination, or work under the supervision of another
  509  naturopathic physician.
  510         Section 9. Section 462.008, Florida Statutes, is created to
  511  read:
  512         462.008 Licensure by endorsement.—The department shall
  513  issue a license to practice naturopathic medicine by endorsement
  514  to an applicant who, upon applying to the department on forms
  515  furnished by the department, the board certifies has met the
  516  requirements for licensure by endorsement under s. 456.0145.
  517         Section 10. Section 462.08, Florida Statutes, is renumbered
  518  as section 462.009, Florida Statutes, and amended to read:
  519         462.009 462.08 Renewal of license to practice naturopathic
  520  medicine naturopathy.—
  521         (1) In order to continue practicing naturopathic medicine
  522  in this state, each licensed naturopathic physician must
  523  licenseholder shall biennially renew her or his license to
  524  practice naturopathic medicine naturopathy. The applicant for
  525  license renewal must furnish to the board department such
  526  evidence as it requires of the applicant’s compliance with s.
  527  462.011 s. 462.18, relating to continuing education educational
  528  requirements, and s. 462.015, relating to financial
  529  responsibility requirements. The nonrefundable biennial renewal
  530  fee, the amount of which shall be determined by the department
  531  but which may not exceed $1,000, must be paid at the time the
  532  application for renewal of the license is filed.
  533         (2) The department shall adopt rules establishing
  534  procedures for the biennial renewal of licenses under this
  535  chapter.
  536         Section 11. Section 462.18, Florida Statutes, is renumbered
  537  as section 462.011, Florida Statutes, and amended to read:
  538         462.011 462.18 Continuing education Educational
  539  requirements.—
  540         (1) At the time each licensee renews shall renew her or his
  541  license as otherwise provided in s. 462.009 this chapter, each
  542  licensee must, in addition to the payment of the regular renewal
  543  fee, shall furnish to the board department satisfactory evidence
  544  that, in the preceding biennial period, the licensee has
  545  completed the continuing education requirements of this section.
  546         (2) The board shall require each licensee to complete at
  547  least 60 hours of continuing education during each biennial
  548  renewal period.
  549         (a) The board shall approve organizations that accredit
  550  naturopathic continuing education providers, including, but not
  551  limited to, the American Association of Naturopathic Physicians,
  552  the North American Naturopathic Continuing Education
  553  Accreditation Council, and the Oregon Association of
  554  Naturopathic Physicians.
  555         (b) The determination of whether substitute continuing
  556  education programs are permissible is solely within the
  557  discretion of the board.
  558         (3) The licensee must use the electronic continuing
  559  education tracking system developed by the department under s.
  560  456.0361 to demonstrate compliance with the continuing education
  561  requirements of this section year preceding each such
  562  application for renewal, the licensee has attended the 2-day
  563  educational program as promulgated and conducted by the Florida
  564  Naturopathic Physicians Association, Inc., or, as a substitute
  565  therefor, the equivalent of that program as approved by the
  566  department. The department shall send a written notice to this
  567  effect to every person holding a valid license to practice
  568  naturopathy within this state at least 30 days prior to May 1 in
  569  each even-numbered year, directed to the last known address of
  570  such licensee, and shall enclose with the notice proper blank
  571  forms for application for annual license renewal. All of the
  572  details and requirements of the aforesaid educational program
  573  shall be adopted and prescribed by the department. In the event
  574  of national emergencies, or for sufficient reason, the
  575  department shall have the power to excuse the naturopathic
  576  physicians as a group or as individuals from taking this
  577  postgraduate course.
  578         (2) The determination of whether a substitute annual
  579  educational program is necessary shall be solely within the
  580  discretion of the department.
  581         Section 12. Section 462.19, Florida Statutes, is renumbered
  582  as section 462.012, Florida Statutes, and amended to read:
  583         462.012 462.19 Renewal of license; Inactive status;
  584  reactivation of license.—
  585         (1) A licensee may reactivate an inactive license by
  586  applying to the department and submitting proof of compliance
  587  with the financial responsibility requirements of s. 462.015.
  588         (2) The board shall adopt rules relating to the
  589  reactivation of licenses that have become inactive and for the
  590  renewal of inactive licenses. The rules must include continuing
  591  education requirements as a condition for reactivating a
  592  license. The continuing education requirements for reactivating
  593  a license may not be fewer than 20 classroom hours for each year
  594  the license was inactive.
  595         (3) The department may not reactivate a license unless the
  596  financial responsibility requirements of s. 462.015 have been
  597  satisfied The department shall renew a license upon receipt of
  598  the renewal application and fee.
  599         (2) A licensee may request that her or his license be
  600  placed in an inactive status by making application to the
  601  department and paying a fee in an amount set by the department
  602  not to exceed $50.
  603         Section 13. Section 462.11, Florida Statutes, is renumbered
  604  as section 462.013, Florida Statutes, and amended to read:
  605         462.013 462.11 Obligations of naturopathic physicians
  606  Naturopaths to observe regulations.—Naturopathic physicians
  607  Doctors of naturopathy shall comply with observe and are be
  608  subject to all state, county, and municipal regulations relating
  609  in regard to the control of contagious and infectious diseases,
  610  the reporting of births and deaths, and to any and all other
  611  matters pertaining to the public health in the same manner as is
  612  required of other health care practitioners of the healing art.
  613         Section 14. Section 462.014, Florida Statutes, is created
  614  to read:
  615         462.014 Patient records; termination of practice.—The board
  616  shall adopt rules providing for the handling of medical records
  617  by licensed naturopathic physicians, including when a
  618  naturopathic physician sells or otherwise terminates a practice.
  619  The rules must provide for notification of the naturopathic
  620  physician’s patients of the termination of the practice and for
  621  an opportunity for the patients to request the transfer of their
  622  medical records to another physician or health care practitioner
  623  upon payment of actual costs for such transfer.
  624         Section 15. Section 462.015, Florida Statutes, is created
  625  to read:
  626         462.015 Financial responsibility.—
  627         (1) As a condition of licensure, a naturopathic physician
  628  must, by one of the following methods, demonstrate to the
  629  satisfaction of the board and the department that she or he has
  630  the ability to pay claims and ancillary costs arising from the
  631  rendering of, or the failure to render, medical care or
  632  services:
  633         (a) Establishing and maintaining an escrow account
  634  consisting of cash or assets eligible for deposit in accordance
  635  with s. 625.52 in the per-claim amounts specified in paragraph
  636  (b). Expenditures may not be made from the escrow account for
  637  litigation costs or attorney fees for the defense of any medical
  638  malpractice claim.
  639         (b) Obtaining and maintaining professional liability
  640  coverage in an amount not less than $100,000 per claim, with a
  641  minimum annual aggregate of not less than $300,000, from an
  642  authorized insurer as defined under s. 624.09, from an eligible
  643  surplus lines insurer as defined under s. 626.914(2), from a
  644  risk retention group as defined under s. 627.942, from the Joint
  645  Underwriting Association operated under s. 627.351(4), or
  646  through medical malpractice self-insurance as provided in s.
  647  627.357. Expenditures may not be made from the required coverage
  648  amount for litigation costs or attorney fees for the defense of
  649  any medical malpractice claim.
  650         (c) Obtaining and maintaining an unexpired, irrevocable
  651  letter of credit, issued pursuant to chapter 675, in an amount
  652  not less than $100,000 per claim, with a minimum aggregate
  653  availability of credit of not less than $300,000. The letter of
  654  credit must be payable to the naturopathic physician as
  655  beneficiary upon presentment of a final judgment indicating
  656  liability and awarding damages to be paid by the naturopathic
  657  physician or upon presentment of a settlement agreement signed
  658  by all parties to such agreement when such final judgment or
  659  settlement is a result of a claim arising out of the rendering
  660  of, or the failure to render, medical care or services. The
  661  letter of credit may not be used for litigation costs or
  662  attorney fees for the defense of any medical malpractice claim.
  663  The letter of credit must be nonassignable and nontransferable
  664  and be issued by a bank or savings association organized and
  665  existing under the laws of this state or a bank or savings
  666  association organized under the laws of the United States which
  667  has its principal place of business in this state or has a
  668  branch office authorized under the laws of this state or of the
  669  United States to receive deposits in this state.
  670         (2)(a) Meeting the financial responsibility requirements of
  671  this section or the criteria for any exemption from such
  672  requirements must be demonstrated at the time of issuance,
  673  renewal, or reactivation of a naturopathic physician license.
  674         (b) Any person may, at any time, submit to the department a
  675  request for an advisory opinion regarding such person’s
  676  qualifications for exemption.
  677         (3)(a) Each insurer, self-insurer, or risk retention group
  678  or the Joint Underwriting Association must promptly notify the
  679  department of a cancellation or nonrenewal of insurance required
  680  by this section. Unless the naturopathic physician demonstrates
  681  that she or he is otherwise in compliance with the requirements
  682  of this section, the department shall suspend the license of the
  683  naturopathic physician pursuant to ss. 120.569 and 120.57 and
  684  notify all health care facilities licensed under part IV of
  685  chapter 394 or chapter 395 or a health maintenance organization
  686  certified under part I of chapter 641 of such action. Any
  687  suspension imposed under this subsection remains in effect until
  688  the naturopathic physician demonstrates compliance with the
  689  requirements of this section. If any judgment or settlement is
  690  pending at the time of suspension, the judgment or settlement
  691  must be paid in accordance with this section unless otherwise
  692  mutually agreed to in writing by the parties. This paragraph
  693  does not abrogate a judgment debtor’s obligation to satisfy the
  694  entire amount of any judgment.
  695         (b) If the financial responsibility requirements are met by
  696  maintaining an escrow account or letter of credit as provided in
  697  this section, upon the entry of an adverse final judgment
  698  arising from a medical malpractice arbitration award, from a
  699  claim in contract or tort of medical malpractice, or from
  700  noncompliance with the terms of a settlement agreement arising
  701  from a claim in contract or tort of medical malpractice, the
  702  naturopathic physician must pay the entire amount of the
  703  judgment together with all accrued interest or the amount
  704  maintained in the escrow account or provided in the letter of
  705  credit as required by this section, whichever is less, within 60
  706  days after the date such judgment becomes final and subject to
  707  execution, unless otherwise mutually agreed to in writing by the
  708  parties. If timely payment is not made by the naturopathic
  709  physician, the department must suspend the license of the
  710  naturopathic physician pursuant to procedures set forth in
  711  subparagraphs (4)(f)2.-5. This paragraph does not abrogate a
  712  judgment debtor’s obligation to satisfy the entire amount of any
  713  judgment.
  714         (4) The requirements imposed in subsection (1) do not apply
  715  to:
  716         (a) Any person licensed under this chapter who practices
  717  naturopathic medicine exclusively as an officer, employee, or
  718  agent of the Federal Government or of the state or its agencies
  719  or subdivisions. For purposes of this subsection, an agent of
  720  the state or its agencies or subdivisions is a person who is
  721  eligible for coverage under any self-insurance or insurance
  722  program as provided in s. 768.28(16).
  723         (b) Any person whose license has become inactive under this
  724  chapter and who is not practicing naturopathic medicine in this
  725  state. Any person applying for reactivation of a naturopathic
  726  physician license must either:
  727         1. Demonstrate that she or he maintained tail insurance
  728  coverage that provided liability coverage for incidents that
  729  occurred on or after the initial date of licensure in this state
  730  and for incidents that occurred before the date on which the
  731  license became inactive; or
  732         2. Submit an affidavit stating that she or he has no
  733  unsatisfied medical malpractice judgments or settlements at the
  734  time of application for reactivation of the license.
  735         (c) Any person licensed under this chapter who practices
  736  only in conjunction with her or his teaching duties at a college
  737  of naturopathic medicine. Such person may engage in the practice
  738  of naturopathic medicine to the extent that such practice is
  739  incidental to and a necessary part of duties in connection with
  740  the teaching position in the college of naturopathic medicine.
  741         (d) Any person holding an active naturopathic physician
  742  license under this chapter who is not practicing naturopathic
  743  medicine in this state. If such person initiates or resumes any
  744  practice of naturopathic medicine in this state, she or he must
  745  notify the department of such activity and fulfill the financial
  746  responsibility requirements of this section before resuming the
  747  practice of naturopathic medicine in this state.
  748         (e) Any person holding an active naturopathic physician
  749  license under this chapter who meets all of the following
  750  criteria:
  751         1. Has held an active license to practice naturopathic
  752  medicine in this state or another state or some combination
  753  thereof for more than 15 years.
  754         2. Has either retired from the practice of naturopathic
  755  medicine or maintains a part-time practice of naturopathic
  756  medicine of no more than 1,000 patient contact hours per year.
  757         3. Has had no more than two claims for medical malpractice
  758  resulting in an indemnity exceeding $25,000 within the previous
  759  5-year period.
  760         4. Has not been convicted of, or pled guilty or nolo
  761  contendere to, any criminal violation specified in this chapter
  762  or the practice act of any other state.
  763         5. Has not been subject, within the last 10 years of
  764  practice, to license revocation or suspension for any period of
  765  time, probation for a period of 3 years or longer, or a fine of
  766  $500 or more for a violation of this chapter or the naturopathic
  767  medical practice act of another jurisdiction. A regulatory
  768  agency’s acceptance of a naturopathic physician’s relinquishment
  769  of her or his license or of a stipulation, consent order, or
  770  other settlement, offered in response to or in anticipation of
  771  the filing of administrative charges against her or his license,
  772  constitutes action against the naturopathic physician’s license
  773  for the purposes of this paragraph.
  774         6. Has submitted a form supplying necessary information as
  775  required by the department and an affidavit affirming compliance
  776  with this paragraph.
  777         7. Biennially submits to the department a certification
  778  stating compliance with this paragraph. The naturopathic
  779  physician must also demonstrate compliance with this paragraph
  780  at any time upon department request.
  781  
  782  A naturopathic physician who meets the requirements of this
  783  paragraph must provide notice to patients, either by prominently
  784  displaying a sign in the reception area of her or his practice
  785  in a manner clearly visible to patients or by providing a
  786  written statement to each patient to whom she or he provides
  787  naturopathic medical services. The sign or statement must read
  788  as follows: “Under Florida law, naturopathic physicians are
  789  generally required to carry medical malpractice insurance or
  790  otherwise demonstrate financial responsibility to cover
  791  potential claims for medical malpractice. However, certain part
  792  time naturopathic physicians who meet certain criteria are
  793  exempt from the financial responsibility requirements. YOUR
  794  NATUROPATHIC PHYSICIAN MEETS THE EXEMPTION CRITERIA AND HAS
  795  DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice
  796  is provided pursuant to Florida law.”
  797         (f) Any person holding an active naturopathic physician
  798  license under this chapter who agrees to all of the following
  799  conditions:
  800         1. Upon the entry of an adverse final judgment arising from
  801  a medical malpractice arbitration award, from a claim of medical
  802  malpractice either in contract or tort, or from noncompliance
  803  with the terms of a settlement agreement arising from a claim of
  804  medical malpractice either in contract or tort, the naturopathic
  805  physician agrees to pay the judgment creditor the lesser of the
  806  entire amount of the judgment with all accrued interest or
  807  either $100,000, if the naturopathic physician is licensed
  808  pursuant to this chapter but does not maintain hospital staff
  809  privileges, or $250,000, if the naturopathic physician is
  810  licensed pursuant to this chapter and maintains hospital staff
  811  privileges, within 60 days after the date such judgment becomes
  812  final and subject to execution, unless otherwise mutually agreed
  813  to in writing by the parties. Such adverse final judgment must
  814  include any cross-claim, counterclaim, or claim for indemnity or
  815  contribution arising from the claim of medical malpractice. Upon
  816  notification of the existence of an unsatisfied judgment or
  817  payment pursuant to this subparagraph, the department shall
  818  notify the naturopathic physician by certified mail that she or
  819  he is subject to disciplinary action unless, within 30 days
  820  after the date of mailing, the naturopathic physician either:
  821         a. Shows proof that the unsatisfied judgment has been paid
  822  in the amount specified in this subparagraph; or
  823         b. Furnishes the department with a copy of a timely filed
  824  notice of appeal and either:
  825         (I) A copy of a supersedeas bond properly posted in the
  826  amount required by law; or
  827         (II) An order from a court of competent jurisdiction
  828  staying execution on the final judgment, pending disposition of
  829  the appeal.
  830         2. The department shall issue an emergency order suspending
  831  the license of any naturopathic physician who, 31 days or more
  832  after receipt of a notice from the department, has failed to
  833  satisfy a medical malpractice claim against him or her; furnish
  834  the department a copy of a timely filed notice of appeal;
  835  furnish the department a copy of a supersedeas bond properly
  836  posted in the amount required by law; or furnish the department
  837  an order from a court of competent jurisdiction staying
  838  execution on the final judgment pending disposition of the
  839  appeal.
  840         3. Upon the next meeting of the probable cause panel of the
  841  board 31 days or more after the date of mailing the notice of
  842  disciplinary action to the naturopathic physician, the panel
  843  shall determine whether probable cause exists to take
  844  disciplinary action against the naturopathic physician for a
  845  violation of subparagraph 1.
  846         4. If the board determines that the factual requirements of
  847  subparagraph 1. are met, it must take disciplinary action as it
  848  deems appropriate against the naturopathic physician. Such
  849  disciplinary action must include, at a minimum, probation of the
  850  license with the restriction that the naturopathic physician
  851  must make payments to the judgment creditor on a schedule
  852  determined by the board to be reasonable and within the
  853  financial capability of the naturopathic physician.
  854  Notwithstanding any other disciplinary penalty imposed, the
  855  disciplinary penalty may include suspension of the license for a
  856  period not to exceed 5 years. In the event that an agreement to
  857  satisfy a judgment has been met, the board must remove any
  858  restriction on the license.
  859         5. The naturopathic physician must complete a form
  860  supplying necessary information as required by department rule.
  861  
  862  A naturopathic physician who agrees to the conditions of this
  863  paragraph must provide notice to patients, either by prominently
  864  displaying a sign in the reception area of her or his practice,
  865  in a manner clearly visible to patients, or by providing a
  866  written statement to each patient to whom she or he provides
  867  naturopathic medical services. The sign or statement must read
  868  as follows: “Under Florida law, naturopathic physicians are
  869  generally required to carry medical malpractice insurance or
  870  otherwise demonstrate financial responsibility to cover
  871  potential claims for medical malpractice. However, certain part
  872  time naturopathic physicians who meet certain criteria are
  873  exempt from the financial responsibility requirements. YOUR
  874  NATUROPATHIC PHYSICIAN MEETS THE EXEMPTION CRITERIA AND HAS
  875  DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice
  876  is provided pursuant to Florida law.”
  877         (5) A naturopathic physician who makes any deceptive,
  878  untrue, or fraudulent representation with respect to any
  879  provision of this section is permanently disqualified from any
  880  exemption from financial responsibility requirements under this
  881  section and is subject to disciplinary action under s. 462.017
  882  for such conduct.
  883         (6) Any naturopathic physician who relies on an exemption
  884  from the financial responsibility requirements must notify the
  885  department in writing of any change of circumstance regarding
  886  her or his qualifications for such exemption and must
  887  demonstrate that she or he is in compliance with the
  888  requirements of this section.
  889         (7) Notwithstanding any other provision of this section,
  890  the department shall suspend the license of any naturopathic
  891  physician against whom a final judgment, arbitration award, or
  892  other order has been entered or who has entered into a
  893  settlement agreement to pay damages arising out of a claim for
  894  medical malpractice if all appellate remedies have been
  895  exhausted and payment up to the amounts required by this section
  896  has not been made within 30 days after the entering of such
  897  judgment, award, or order or agreement. A suspension under this
  898  subsection remains in effect until proof of payment is received
  899  by the department or a payment schedule has been agreed upon by
  900  the naturopathic physician and the claimant and presented to the
  901  department. This subsection does not apply to a naturopathic
  902  physician who has met the financial responsibility requirements
  903  under paragraph (1)(b).
  904         (8) The board shall adopt rules to implement this section.
  905         Section 16. Section 462.13, Florida Statutes, is renumbered
  906  as section 462.016, Florida Statutes, and amended to read:
  907         462.016 462.13 Additional powers and duties of the board
  908  and the department.—The board and the department may administer
  909  oaths, summon witnesses, and take testimony in all matters
  910  relating to their respective its duties under pursuant to this
  911  chapter. Evidence of an active, Every unrevoked license must
  912  shall be presumed by presumptive evidence in all courts and
  913  places to be evidence that the person therein named is legally
  914  licensed to practice naturopathic medicine in this state
  915  naturopathy. The board and the department shall aid the
  916  prosecuting attorneys of the state in the enforcement of this
  917  chapter.
  918         Section 17. Section 462.14, Florida Statutes, is renumbered
  919  as section 462.017, Florida Statutes, and amended to read:
  920         462.017 462.14 Grounds for disciplinary action; action by
  921  the board and department.—
  922         (1) The following acts constitute grounds for denial of a
  923  license or disciplinary action, as specified in s. 456.072(2):
  924         (a) Attempting to obtain, obtaining, or renewing a license
  925  to practice naturopathic medicine by bribery, by fraudulent
  926  misrepresentation, or through an error of the board or the
  927  department.
  928         (b) Having a license to practice naturopathic medicine
  929  revoked, suspended, or otherwise acted against, including the
  930  denial of licensure, by the licensing authority of another
  931  state, territory, or country. The licensing authority’s
  932  acceptance of a naturopathic physician’s relinquishment of her
  933  or his license or of a stipulation, a consent order, or other
  934  settlement offered in response to or in anticipation of the
  935  filing of administrative charges against her or his license
  936  shall be construed as action against the naturopathic
  937  physician’s license.
  938         (c) Being convicted or found guilty, regardless of
  939  adjudication, of a crime in any jurisdiction which directly
  940  relates to the practice of naturopathic medicine or to the
  941  ability to practice naturopathic medicine. Any plea of nolo
  942  contendere creates a rebuttable presumption of guilt to the
  943  underlying criminal charges shall be considered a conviction for
  944  purposes of this chapter.
  945         (d) False, deceptive, or misleading advertising.
  946         (e) Advertising, practicing, or attempting to practice
  947  under a name other than one’s own.
  948         (f) Failing to report to the department or the department’s
  949  impaired practitioner program consultant, as applicable, any
  950  person whom who the licensee knows is in violation of this
  951  chapter or of the rules of the board or department. However, a
  952  person whom who the licensee knows is unable to practice
  953  naturopathic medicine with reasonable skill and safety to
  954  patients by reason of illness or use of alcohol, drugs,
  955  narcotics, chemicals, or any other type of material, or as a
  956  result of a mental or physical condition, may be reported to a
  957  consultant operating an impaired practitioner program as
  958  described in s. 456.076 rather than to the department.
  959         (f)(g) Aiding, assisting, procuring, or advising any
  960  unlicensed person to practice naturopathic medicine contrary to
  961  this chapter or to a rule of the board or department.
  962         (g)(h) Failing to perform any statutory or legal obligation
  963  placed upon a licensed naturopathic physician.
  964         (h) Giving false testimony in the course of any legal or
  965  administrative proceedings relating to the practice of
  966  naturopathic medicine or the delivery of health care services.
  967         (i) Making or filing a report which the licensee knows to
  968  be false, intentionally or negligently failing to file a report
  969  or record required by state or federal law, willfully impeding
  970  or obstructing such filing or inducing another person to do so.
  971  Such reports or records must shall include only those which are
  972  signed in the capacity as a licensed naturopathic physician.
  973         (j) Paying or receiving any commission, bonus, kickback, or
  974  rebate, or engaging in any split-fee arrangement in any form
  975  whatsoever with a physician, an organization, an agency, a or
  976  person, a partnership, a firm, a corporation, or other business
  977  entity, either directly or indirectly, for patients referred to
  978  providers of health care goods and services, including, but not
  979  limited to, hospitals, nursing homes, clinical laboratories,
  980  ambulatory surgical centers, or pharmacies. The provisions of
  981  This paragraph may shall not be construed to prevent a
  982  naturopathic physician from receiving a fee for professional
  983  consultation services.
  984         (k) Refusing to provide health care based on a patient’s
  985  participation in pending or past litigation or participation in
  986  any disciplinary action conducted pursuant to this chapter,
  987  unless such litigation or disciplinary action directly involves
  988  the naturopathic physician requested to provide services.
  989         (l) Exercising influence within a patient-physician
  990  relationship for purposes of engaging a patient in sexual
  991  activity. A patient is shall be presumed to be incapable of
  992  giving free, full, and informed consent to sexual activity with
  993  her or his naturopathic physician.
  994         (m)(l) Making deceptive, untrue, or fraudulent
  995  representations in or related to the practice of naturopathic
  996  medicine or employing a trick or scheme in the practice of
  997  naturopathic medicine when such scheme or trick fails to conform
  998  to the generally prevailing standards of treatment in the
  999  medical community.
 1000         (n)(m) Soliciting patients, either personally or through an
 1001  agent, through the use of fraud, intimidation, undue influence,
 1002  or a form of overreaching or vexatious conduct. A “solicitation”
 1003  is any communication which directly or implicitly requests an
 1004  immediate oral response from the recipient.
 1005         (o)(n) Failing to keep legible, written medical records, as
 1006  defined by department rule in consultation with the board, which
 1007  identify by name and professional title the licensed
 1008  naturopathic physician or the supervising naturopathic physician
 1009  who is responsible for rendering, ordering, supervising, or
 1010  billing for each diagnostic or treatment procedure and which
 1011  justify justifying the course of treatment of the patient,
 1012  including, but not limited to, patient histories, examination
 1013  results, test results, X rays, and records of medicine
 1014  prescribed, dispensed, or administered, and reports of
 1015  consultations and hospitalizations the prescribing, dispensing
 1016  and administering of drugs.
 1017         (p) Fraudulently altering or destroying records relating to
 1018  patient care or treatment, including, but not limited to,
 1019  patient histories, examination results, test results, X rays,
 1020  records of medicine prescribed, dispensed, or administered, and
 1021  reports of consultations and hospitalizations.
 1022         (q)(o) Exercising influence on the patient or client in
 1023  such a manner as to exploit the patient or client for the
 1024  financial gain of the licensee or of a third party, which
 1025  includes shall include, but is not be limited to, the promoting
 1026  or selling of services, goods, appliances, or medicines. drugs
 1027  and the
 1028         (r) Promoting or advertising on any prescription form of a
 1029  community pharmacy unless the form also states: “This
 1030  prescription may be filled at any pharmacy of your choice.”
 1031         (s)(p) Performing professional services that which have not
 1032  been duly authorized by the patient or client, or her or his
 1033  legal representative, except as provided in s. 743.064, s.
 1034  766.103, or s. 768.13.
 1035         (t)(q) Except as specified in the prescriptive rights
 1036  enumerated in s. 462.003, prescribing, dispensing,
 1037  administering, supplying, selling, giving, mixing, or otherwise
 1038  preparing a legend drug, including any controlled substance,
 1039  other than in the course of the naturopathic physician’s
 1040  professional practice. For the purposes of this paragraph, it is
 1041  shall be legally presumed that prescribing, dispensing,
 1042  administering, supplying, selling, giving, mixing, or otherwise
 1043  preparing legend drugs, including all controlled substances,
 1044  inappropriately or in excessive or inappropriate quantities is
 1045  not in the best interest of the patient and is not in the scope
 1046  course of the naturopathic physician’s professional practice,
 1047  regardless of without regard to her or his intent.
 1048         (u)(r) Prescribing or, dispensing, or administering any
 1049  legend medicinal drug appearing on any schedule set forth in
 1050  chapter 893 by the naturopathic physician to herself or himself
 1051  or administering any such drug to herself or himself unless such
 1052  drug is, except one prescribed for, dispensed, or administered
 1053  to the naturopathic physician by another practitioner authorized
 1054  to prescribe legend, dispense, or administer medicinal drugs.
 1055         (v)(s) Being unable to practice naturopathic medicine with
 1056  reasonable skill and safety to patients by reason of illness or
 1057  use of alcohol, drugs, narcotics, chemicals, or any other type
 1058  of material or as a result of any mental or physical condition.
 1059  In enforcing this paragraph, the department shall have, upon a
 1060  showing of probable cause, has the authority to issue an order
 1061  to compel a naturopathic physician to submit to a mental or
 1062  physical examination by naturopathic physicians designated by
 1063  the department. If the failure of a naturopathic physician
 1064  refuses to comply with such order, the department’s order
 1065  directing submit to such an examination may be enforced by
 1066  filing a petition for enforcement in the circuit court where the
 1067  naturopathic physician resides or does business. The
 1068  naturopathic physician against whom the petition is filed may
 1069  not be named or identified by initials in any public court
 1070  record or document, and the proceedings must be closed to the
 1071  public. The department is entitled to the summary procedure
 1072  provided in s. 51.011 when so directed shall constitute an
 1073  admission of the allegations against her or him upon which a
 1074  default and final order may be entered without the taking of
 1075  testimony or presentation of evidence, unless the failure was
 1076  due to circumstances beyond the naturopathic physician’s
 1077  control. A naturopathic physician subject to an order issued
 1078  affected under this paragraph must, shall at reasonable
 1079  intervals, be afforded an opportunity to demonstrate that she or
 1080  he can resume the competent practice of naturopathic medicine
 1081  with reasonable skill and safety to patients. In any proceeding
 1082  under this paragraph, neither the record of proceedings nor the
 1083  orders entered by the department may be used against a
 1084  naturopathic physician in any other proceeding.
 1085         (w) Notwithstanding s. 456.072(2) but as specified in s.
 1086  456.50(2):
 1087         1. Committing medical malpractice as defined in s. 456.50.
 1088  The board shall give great weight to s. 766.102 when enforcing
 1089  this paragraph. Medical malpractice may not be construed to
 1090  require more than one instance, event, or act.
 1091         2. Committing gross medical malpractice.
 1092         3. Committing repeated medical malpractice as defined in s.
 1093  456.50. A person found by the board to have committed such
 1094  repeated malpractice may not be licensed or continue to be
 1095  licensed to provide health care services as a naturopathic
 1096  physician in this state.
 1097  
 1098  This paragraph may not be construed to require that a
 1099  naturopathic physician be deemed incompetent to practice
 1100  naturopathic medicine in order to be disciplined pursuant to
 1101  this paragraph. A recommended order by an administrative law
 1102  judge or a final order of the board finding a violation under
 1103  this paragraph must specify whether the naturopathic physician
 1104  was found to have committed gross medical malpractice, repeated
 1105  medical malpractice, or medical malpractice, or any combination
 1106  thereof, and any publication by the board must include the
 1107  specified finding.
 1108         (t) Gross or repeated malpractice or the failure to
 1109  practice naturopathic medicine with that level of care, skill,
 1110  and treatment which is recognized by a reasonably prudent
 1111  similar physician as being acceptable under similar conditions
 1112  and circumstances. The department shall give great weight to the
 1113  provisions of s. 766.102 when enforcing this paragraph.
 1114         (x)(u) Performing any procedure or prescribing any therapy
 1115  that which, by the prevailing standards of medical practice in
 1116  the naturopathic medical community, constitutes experimentation
 1117  on a human subject, without first obtaining full, informed, and
 1118  written consent.
 1119         (y)(v) Practicing or offering to practice beyond the scope
 1120  permitted by law or accepting and performing professional
 1121  responsibilities that which the licensee knows or has reason to
 1122  know that she or he is not competent to perform. The board may
 1123  establish by rule standards of practice and standards of care
 1124  for particular practice areas, including, but not limited to,
 1125  education and training, equipment and supplies, medications as
 1126  specified in the prescriptive rights enumerated in s. 462.003,
 1127  assistance from and delegation to other personnel, transfer
 1128  agreements, sterilization, records, performance of complex or
 1129  multiple procedures, informed consent, and policy and procedure
 1130  manuals.
 1131         (z)(w) Delegating professional responsibilities to a person
 1132  when the licensee delegating such responsibilities knows or has
 1133  reason to know that such person is not qualified by training,
 1134  experience, or licensure to perform them.
 1135         (aa)(x) Violating a lawful order of the board or the
 1136  department which was previously entered in a disciplinary
 1137  hearing or failing to comply with a lawfully issued subpoena of
 1138  the board or department.
 1139         (bb)(y) Conspiring with another licensee or with any other
 1140  person to commit an act, or committing an act, which would tend
 1141  to coerce, intimidate, or preclude another licensee from
 1142  lawfully advertising her or his services.
 1143         (cc)(z) Procuring, or aiding or abetting in the procuring
 1144  of, an unlawful termination of pregnancy.
 1145         (dd)(aa) Presigning blank prescription forms.
 1146         (ee) Failing to supervise adequately the activities of any
 1147  persons acting under the supervision of the naturopathic
 1148  physician.
 1149         (bb) Prescribing by the naturopathic physician for office
 1150  use any medicinal drug appearing on Schedule II in chapter 893.
 1151         (cc) Prescribing, ordering, dispensing, administering,
 1152  supplying, selling, or giving any drug which is an amphetamine
 1153  or sympathomimetic amine drug, or a compound designated pursuant
 1154  to chapter 893 as a Schedule II controlled substance to or for
 1155  any person except for:
 1156         1. The treatment of narcolepsy; hyperkinesis; behavioral
 1157  syndrome in children characterized by the developmentally
 1158  inappropriate symptoms of moderate to severe distractability,
 1159  short attention span, hyperactivity, emotional lability, and
 1160  impulsivity; or drug-induced brain dysfunction.
 1161         2. The differential diagnostic psychiatric evaluation of
 1162  depression or the treatment of depression shown to be refractory
 1163  to other therapeutic modalities.
 1164         3. The clinical investigation of the effects of such drugs
 1165  or compounds when an investigative protocol therefor is
 1166  submitted to, reviewed, and approved by the department before
 1167  such investigation is begun.
 1168         (ff)(dd) Prescribing, ordering, dispensing, administering,
 1169  supplying, selling, or giving growth hormones, testosterone or
 1170  its analogs, human chorionic gonadotropin (HCG), or other
 1171  hormones for the purpose of muscle building or to enhance
 1172  athletic performance. For the purposes of this subsection, the
 1173  term “muscle building” does not include the treatment of injured
 1174  muscle. A prescription written for the drug products identified
 1175  in this paragraph listed above may be dispensed by the
 1176  pharmacist with the presumption that the prescription is for
 1177  legitimate medical use.
 1178         (gg) Misrepresenting or concealing a material fact at any
 1179  time during any phase of a licensing or disciplinary process or
 1180  procedure.
 1181         (hh) Interfering with an investigation or with any
 1182  disciplinary proceeding.
 1183         (ii) Failing to report to the department any person
 1184  licensed under chapter 458, chapter 459, or this chapter whom
 1185  the naturopathic physician knows has violated the grounds for
 1186  disciplinary action set out in the law under which that person
 1187  is licensed and who provides health care services in a facility
 1188  licensed under chapter 395, or a health maintenance organization
 1189  certificated under part I of chapter 641, in which the
 1190  naturopathic physician also provides services.
 1191         (jj) Being found by any court in this state to have
 1192  provided, without reasonable investigation, corroborating
 1193  written medical expert opinion attached to any statutorily
 1194  required notice of claim or intent or to any statutorily
 1195  required response rejecting a claim.
 1196         (kk) Except as provided in s. 462.018, advertising or
 1197  holding oneself out as a board-certified specialist in violation
 1198  of this chapter.
 1199         (ll) Failing to comply with the requirements of ss. 381.026
 1200  and 381.0261 to provide patients with information about their
 1201  patient rights and how to file a patient complaint.
 1202         (mm)(ee) Violating any provision of this chapter or chapter
 1203  456, or any rule rules adopted pursuant thereto.
 1204         (nn) Providing deceptive or fraudulent expert witness
 1205  testimony related to the practice of naturopathic medicine.
 1206         (oo) Promoting or advertising through any communication
 1207  medium the use, sale, or dispensing of any controlled substance
 1208  appearing on any schedule in chapter 893.
 1209         (pp) Willfully failing to comply with s. 627.64194 or s.
 1210  641.513 with such frequency as to indicate a general business
 1211  practice.
 1212         (2) The board department may enter an order denying
 1213  licensure or imposing any of the penalties in s. 456.072(2)
 1214  against any applicant for licensure or licensee who is found
 1215  guilty of violating any provision of subsection (1) of this
 1216  section or who is found guilty of violating any provision of s.
 1217  456.072(1). In determining what action is appropriate, the board
 1218  must first consider which sanctions are necessary to protect the
 1219  public or to compensate the patient. Only after those sanctions
 1220  have been imposed may the board consider and include in the
 1221  order other requirements designed to rehabilitate the
 1222  naturopathic physician. All costs associated with compliance
 1223  with orders issued under this subsection are the obligation of
 1224  the naturopathic physician.
 1225         (3) In any administrative action against a naturopathic
 1226  physician which does not involve a revocation or suspension of
 1227  license, the division has the burden, by the greater weight of
 1228  the evidence, to establish the existence of grounds for
 1229  disciplinary action. The division shall establish grounds for
 1230  revocation or suspension of license by clear and convincing
 1231  evidence.
 1232         (4) The board may department shall not reinstate the
 1233  license of a naturopathic physician or cause a license to be
 1234  issued to a person it has deemed unqualified until such time as
 1235  it the department is satisfied that such person has complied
 1236  with all the terms and conditions set forth in the final order
 1237  and that such person is capable of safely engaging in the
 1238  practice of naturopathic medicine. However, the board may not
 1239  issue a license to, or reinstate the license of, any person
 1240  found by the board to have committed repeated medical
 1241  malpractice as defined in s. 456.50, regardless of the extent to
 1242  which the licensed naturopathic physician or prospective
 1243  licensed naturopathic physician has complied with all terms and
 1244  conditions set forth in the final order or whether she or he is
 1245  capable of safely engaging in the practice of naturopathic
 1246  medicine.
 1247         (5)(4) The board department shall establish by rule
 1248  establish guidelines for the disposition of disciplinary cases
 1249  involving specific types of violations. Such guidelines must
 1250  establish offenses and circumstances for which revocation will
 1251  be presumed to be appropriate, as well as offenses and
 1252  circumstances for which suspension for particular periods of
 1253  time will be presumed to be appropriate. The guidelines must
 1254  also may include minimum and maximum fines, periods of
 1255  supervision or probation, or conditions of probation, and
 1256  conditions for or reissuance of a license with respect to
 1257  particular circumstances and offenses. Gross medical
 1258  malpractice, repeated medical malpractice, and medical
 1259  malpractice, respectively, as specified in paragraph (1)(w),
 1260  must each be considered a distinct violation requiring specific
 1261  individual guidelines.
 1262         (6) Upon the department’s receipt of a closed claim against
 1263  a naturopathic physician submitted by an insurer or a self
 1264  insurer pursuant to s. 627.912 or information reported to the
 1265  Office of Insurance Regulation by a health care practitioner
 1266  pursuant to s. 456.049, or receipt from a claimant of presuit
 1267  notice against a naturopathic physician under s. 766.106, the
 1268  department shall review such information and determine whether
 1269  it potentially involves conduct by a licensed naturopathic
 1270  physician which is subject to disciplinary action, in which case
 1271  s. 456.073 applies. However, if the department receives
 1272  information that a naturopathic physician has had three or more
 1273  claims filed against her or him, each with indemnities exceeding
 1274  $50,000, within the previous 5-year period, the department must
 1275  investigate the occurrences upon which the claims were based and
 1276  determine whether action by the department against the
 1277  naturopathic physician is warranted.
 1278         (7) Upon the department’s receipt of an incident report
 1279  from the Agency for Health Care Administration pursuant to s.
 1280  395.0197 related to a naturopathic physician whose conduct may
 1281  constitute grounds for disciplinary action, the department shall
 1282  investigate the occurrences upon which the incident report was
 1283  based and determine whether action by the department against the
 1284  naturopathic physician is warranted.
 1285         (8) If any naturopathic physician commits such
 1286  unprofessional conduct or negligence or demonstrates mental or
 1287  physical incapacity or impairment such that the department
 1288  determines that she or he is unable to practice with reasonable
 1289  skill and safety and presents a danger to patients, the
 1290  department may bring an action in circuit court enjoining such
 1291  naturopathic physician from providing medical services to the
 1292  public until the naturopathic physician demonstrates the ability
 1293  to practice with reasonable skill and safety and without danger
 1294  to patients.
 1295         (9)(a) If an investigation of a naturopathic physician is
 1296  undertaken, the department must promptly furnish to the
 1297  naturopathic physician or her or his attorney a copy of the
 1298  complaint or document that prompted initiation of the
 1299  investigation. For purposes of this subsection, such documents
 1300  include, but are not limited to:
 1301         1. The pertinent portions of an annual report submitted by
 1302  a licensed facility to the Agency for Health Care Administration
 1303  pursuant to s. 395.0197(6).
 1304         2. A report of an adverse incident which is provided by a
 1305  licensed facility to the department pursuant to s. 395.0197.
 1306         3. A report of peer review disciplinary action submitted to
 1307  the department pursuant to s. 395.0193(4), provided that the
 1308  investigations, proceedings, and records relating to such peer
 1309  review disciplinary action continue to retain their privileged
 1310  status even as to the naturopathic physician who is the subject
 1311  of the investigation, as provided by s. 395.0193(8).
 1312         4. A closed claim report submitted pursuant to s. 627.912.
 1313         5. A presuit notice submitted pursuant to s. 766.106(2).
 1314         6. A petition brought under the Florida Birth-Related
 1315  Neurological Injury Compensation Plan pursuant to s. 766.305.
 1316         (b) A naturopathic physician may submit to the department a
 1317  written response to the information contained in the complaint
 1318  or document that prompted the initiation of the investigation
 1319  within 45 days after she or he receives service of such
 1320  complaint or document. The naturopathic physician’s written
 1321  response must be considered by the probable cause panel, if held
 1322  on the matter.
 1323         Section 18. Section 462.018, Florida Statutes, is created
 1324  to read:
 1325         462.018 Specialties.—A naturopathic physician licensed
 1326  under this chapter may not hold himself or herself out as a
 1327  board-certified specialist unless the naturopathic physician has
 1328  successfully completed the requirements for certification as set
 1329  forth by the board regulating such specialty. A naturopathic
 1330  physician may indicate the services offered and may state that
 1331  her or his practice is limited to one or more types of service
 1332  if it accurately reflects the scope of practice of the
 1333  naturopathic physician.
 1334         Section 19. Section 462.17, Florida Statutes, is renumbered
 1335  as section 462.019, Florida Statutes, and amended to read:
 1336         462.019 462.17 Penalty for offenses relating to
 1337  naturopathy.—Any person who shall:
 1338         (1) Each of the following acts constitutes a felony of the
 1339  third degree, punishable as provided in s. 775.082, s. 775.083,
 1340  or s. 775.084:
 1341         (a) Practicing, or attempting to practice, naturopathic
 1342  medicine without an active license issued under this chapter.
 1343         (b) A licensed naturopathic physician practicing beyond the
 1344  scope of practice authorized under this chapter.
 1345         (c) Obtaining, or attempting to obtain, a license to
 1346  practice naturopathic medicine by a knowing misrepresentation.
 1347         (d) Obtaining, or attempting to obtain, a position as a
 1348  naturopathic physician or naturopathic medical resident in a
 1349  clinic or hospital by knowingly misrepresenting education,
 1350  training, or experience.
 1351         (e) Dispensing a controlled substance listed in Schedule II
 1352  or Schedule III of s. 893.03 in violation of s. 465.0276.
 1353         (2) Each of the following acts constitutes a misdemeanor of
 1354  the first degree, punishable as provided in s. 775.082 or s.
 1355  775.083:
 1356         (a) Knowingly concealing information relating to violations
 1357  of this chapter.
 1358         (b) Making a false oath or affirmation when an oath or
 1359  affirmation is required by this chapter.
 1360         (3) Each of the following constitutes a misdemeanor of the
 1361  second degree, punishable as provided in s. 775.082 or s.
 1362  775.083:
 1363         (a) Fraudulently altering, defacing, or falsifying any
 1364  record relating to patient care or treatment, including, but not
 1365  limited to, patient histories, examination results, and test
 1366  results.
 1367         (b) Referring any patient for health care goods or services
 1368  to any partnership, firm, corporation, or other business entity
 1369  in which the naturopathic physician or the naturopathic
 1370  physician’s employer has an equity interest of 10 percent or
 1371  more, unless, before such referral, the naturopathic physician
 1372  notifies the patient of her or his financial interest and of the
 1373  patient’s right to obtain such goods or services at the location
 1374  of the patient’s choice. This paragraph does not apply to the
 1375  following types of equity interest:
 1376         1. The ownership of registered securities issued by a
 1377  publicly held corporation or the ownership of securities issued
 1378  by a publicly held corporation, the shares of which are traded
 1379  on a national exchange or the over-the-counter market.
 1380         2. A naturopathic physician’s own practice, whether the
 1381  naturopathic physician is a sole practitioner or part of a
 1382  group, when the health care good or service is prescribed or
 1383  provided solely for the naturopathic physician’s own patients
 1384  and is provided or performed by the naturopathic physician or
 1385  under the naturopathic physician’s supervision.
 1386         3. An interest in real property resulting in a landlord
 1387  tenant relationship between the naturopathic physician and the
 1388  entity in which the equity interest is held, unless the rent is
 1389  determined, in whole or in part, by the business volume or
 1390  profitability of the tenant or is otherwise unrelated to fair
 1391  market value.
 1392         (c) Paying or receiving any commission, bonus, kickback, or
 1393  rebate or engaging in any split-fee arrangement in any form with
 1394  a physician, an organization, an agency, a person, a
 1395  partnership, a firm, a corporation, or other business entity for
 1396  patients referred to providers of health care goods and
 1397  services, including, but not limited to, hospitals, nursing
 1398  homes, clinical laboratories, ambulatory surgical centers, or
 1399  pharmacies. This paragraph may not be construed to prevent a
 1400  naturopathic physician from receiving a fee for professional
 1401  consultation services Sell, fraudulently obtain, or furnish any
 1402  naturopathic diploma, license, record, or registration or aid or
 1403  abet in the same;
 1404         (2) Practice naturopathy under the cover of any diploma,
 1405  license, record, or registration illegally or fraudulently
 1406  obtained or secured or issued unlawfully or upon fraudulent
 1407  representations;
 1408         (3) Advertise to practice naturopathy under a name other
 1409  than her or his own or under an assumed name;
 1410         (4) Falsely impersonate another practitioner of a like or
 1411  different name;
 1412         (5) Practice or advertise to practice naturopathy or use in
 1413  connection with her or his name any designation tending to imply
 1414  or to designate the person as a practitioner of naturopathy
 1415  without then being lawfully licensed and authorized to practice
 1416  naturopathy in this state; or
 1417         (6) Practice naturopathy during the time her or his license
 1418  is suspended or revoked
 1419  
 1420  shall be guilty of a felony of the third degree, punishable as
 1421  provided in s. 775.082, s. 775.083, or s. 775.084.
 1422         Section 20. Section 462.024, Florida Statutes, is created
 1423  to read:
 1424         462.024 Disclosure of medications by patients.—
 1425         (1) A patient who takes legend drugs included in the
 1426  prescriptive rights enumerated in s. 462.003 or nutrients or
 1427  other natural medicinal substances upon the recommendation of
 1428  her or his treating naturopathic physician is responsible for
 1429  advising any other treating health care practitioner of her or
 1430  his use of such legend drugs, nutrients, or other natural
 1431  medicinal substances.
 1432         (2) Naturopathic physicians shall advise their patients of
 1433  this requirement in writing, maintain a signed copy of a
 1434  patient’s disclosure in the patient’s medical records, and
 1435  provide a copy of the disclosure to their patients, upon
 1436  request.
 1437         (3) A patient’s failure to disclose her or his use of
 1438  prescribed legend drugs or recommended nutrients or other
 1439  natural medicinal substances to any other treating health care
 1440  practitioner creates a rebuttable presumption that any
 1441  subsequent related injury sustained by the patient was caused by
 1442  the patient’s failure to disclose such information. This
 1443  presumption may be rebutted by clear and convincing evidence
 1444  that the patient’s injury was caused by the negligence of the
 1445  other treating health care practitioner.
 1446         (4) This section may not be construed to preclude a patient
 1447  of a naturopathic physician from consulting with a medical
 1448  physician, an osteopathic physician, or other health care
 1449  practitioner.
 1450         (5) A naturopathic physician is not required to confirm a
 1451  patient’s consultation with, or disclosure to, any other health
 1452  care practitioner.
 1453         Section 21. Section 462.025, Florida Statutes, is created
 1454  to read:
 1455         462.025 Severability.—The provisions of this chapter are
 1456  severable. If any provision of this chapter or its application
 1457  is held invalid or unconstitutional by any court of competent
 1458  jurisdiction, that invalidity or unconstitutionality does not
 1459  affect other provisions or applications of this chapter which
 1460  can be given effect without the invalid or unconstitutional
 1461  provision or application.
 1462         Section 22. Section 462.09, Florida Statutes, is renumbered
 1463  as section 462.026, Florida Statutes.
 1464         Section 23. Section 462.16, Florida Statutes, is repealed.
 1465         Section 24. Section 462.2001, Florida Statutes, is
 1466  repealed.
 1467         Section 25. Paragraph (g) of subsection (3) of section
 1468  20.43, Florida Statutes, is amended to read:
 1469         20.43 Department of Health.—There is created a Department
 1470  of Health.
 1471         (3) The following divisions of the Department of Health are
 1472  established:
 1473         (g) Division of Medical Quality Assurance, which is
 1474  responsible for the following boards and professions established
 1475  within the division:
 1476         1. The Board of Acupuncture, created under chapter 457.
 1477         2. The Board of Medicine, created under chapter 458.
 1478         3. The Board of Osteopathic Medicine, created under chapter
 1479  459.
 1480         4. The Board of Chiropractic Medicine, created under
 1481  chapter 460.
 1482         5. The Board of Podiatric Medicine, created under chapter
 1483  461.
 1484         6. Naturopathic Medicine Naturopathy, as provided under
 1485  chapter 462.
 1486         7. The Board of Optometry, created under chapter 463.
 1487         8. The Board of Nursing, created under part I of chapter
 1488  464.
 1489         9. Nursing assistants, as provided under part II of chapter
 1490  464.
 1491         10. The Board of Pharmacy, created under chapter 465.
 1492         11. The Board of Dentistry, created under chapter 466.
 1493         12. Midwifery, as provided under chapter 467.
 1494         13. The Board of Speech-Language Pathology and Audiology,
 1495  created under part I of chapter 468.
 1496         14. The Board of Nursing Home Administrators, created under
 1497  part II of chapter 468.
 1498         15. The Board of Occupational Therapy, created under part
 1499  III of chapter 468.
 1500         16. Respiratory therapy, as provided under part V of
 1501  chapter 468.
 1502         17. Dietetics and nutrition practice, as provided under
 1503  part X of chapter 468.
 1504         18. The Board of Athletic Training, created under part XIII
 1505  of chapter 468.
 1506         19. The Board of Orthotists and Prosthetists, created under
 1507  part XIV of chapter 468.
 1508         20. Electrolysis, as provided under chapter 478.
 1509         21. The Board of Massage Therapy, created under chapter
 1510  480.
 1511         22. The Board of Clinical Laboratory Personnel, created
 1512  under part I of chapter 483.
 1513         23. Medical physicists, as provided under part II of
 1514  chapter 483.
 1515         24. The Board of Opticianry, created under part I of
 1516  chapter 484.
 1517         25. The Board of Hearing Aid Specialists, created under
 1518  part II of chapter 484.
 1519         26. The Board of Physical Therapy Practice, created under
 1520  chapter 486.
 1521         27. The Board of Psychology, created under chapter 490.
 1522         28. School psychologists, as provided under chapter 490.
 1523         29. The Board of Clinical Social Work, Marriage and Family
 1524  Therapy, and Mental Health Counseling, created under chapter
 1525  491.
 1526         30. Emergency medical technicians and paramedics, as
 1527  provided under part III of chapter 401.
 1528         Section 26. Subsection (2) of section 381.0031, Florida
 1529  Statutes, is amended to read:
 1530         381.0031 Epidemiological research; report of diseases of
 1531  public health significance to department.—
 1532         (2) Any practitioner licensed in this state to practice
 1533  medicine, osteopathic medicine, chiropractic medicine,
 1534  naturopathic medicine naturopathy, or veterinary medicine; any
 1535  licensed pharmacist authorized under a protocol with a
 1536  supervising physician under s. 465.1895, or a collaborative
 1537  pharmacy practice agreement, as defined in s. 465.1865, to
 1538  perform or order and evaluate laboratory and clinical tests; any
 1539  hospital licensed under part I of chapter 395; or any laboratory
 1540  appropriately certified by the Centers for Medicare and Medicaid
 1541  Services under the federal Clinical Laboratory Improvement
 1542  Amendments and the federal rules adopted thereunder which
 1543  diagnoses or suspects the existence of a disease of public
 1544  health significance shall immediately report the fact to the
 1545  Department of Health.
 1546         Section 27. Subsection (11) of section 468.301, Florida
 1547  Statutes, is amended to read:
 1548         468.301 Definitions.—As used in this part, the term:
 1549         (11) “Licensed practitioner” means a person who is licensed
 1550  or otherwise authorized by law to practice medicine, podiatric
 1551  medicine, chiropody, osteopathic medicine, naturopathic medicine
 1552  naturopathy, or chiropractic medicine in this state.
 1553         Section 28. Subsection (1) of section 476.044, Florida
 1554  Statutes, is amended to read:
 1555         476.044 Exemptions.—This chapter does not apply to the
 1556  following persons when practicing pursuant to their professional
 1557  responsibilities and duties:
 1558         (1) Persons authorized under the laws of this state to
 1559  practice medicine, surgery, osteopathic medicine, chiropractic
 1560  medicine, naturopathic medicine naturopathy, or podiatric
 1561  medicine;
 1562         Section 29. Paragraph (a) of subsection (1) of section
 1563  477.0135, Florida Statutes, is amended to read:
 1564         477.0135 Exemptions.—
 1565         (1) This chapter does not apply to the following persons
 1566  when practicing pursuant to their professional or occupational
 1567  responsibilities and duties:
 1568         (a) Persons authorized under the laws of this state to
 1569  practice medicine, surgery, osteopathic medicine, chiropractic
 1570  medicine, massage therapy, naturopathic medicine naturopathy, or
 1571  podiatric medicine.
 1572         Section 30. Subsections (2) and (3) of section 485.003,
 1573  Florida Statutes, are amended to read:
 1574         485.003 Definitions.—In construing this chapter, the words,
 1575  phrases, or terms, unless the context otherwise indicates, shall
 1576  have the following meanings:
 1577         (2) “Healing arts” shall mean the practice of medicine,
 1578  surgery, psychiatry, dentistry, osteopathic medicine,
 1579  chiropractic medicine, naturopathic medicine naturopathy,
 1580  podiatric medicine, chiropody, psychology, clinical social work,
 1581  marriage and family therapy, mental health counseling, and
 1582  optometry.
 1583         (3) “Practitioner of the healing arts” shall mean a person
 1584  licensed under the laws of the state to practice medicine,
 1585  surgery, psychiatry, dentistry, osteopathic medicine,
 1586  chiropractic medicine, naturopathic medicine naturopathy,
 1587  podiatric medicine, chiropody, psychology, clinical social work,
 1588  marriage and family therapy, mental health counseling, or
 1589  optometry within the scope of his or her professional training
 1590  and competence and within the purview of the statutes applicable
 1591  to his or her respective profession, and who may refer a patient
 1592  for treatment by a qualified person, who shall employ hypnotic
 1593  techniques under the supervision, direction, prescription, and
 1594  responsibility of such referring practitioner.
 1595         Section 31. Subsection (1) of section 486.161, Florida
 1596  Statutes, is amended to read:
 1597         486.161 Exemptions.—
 1598         (1) No provision of this chapter shall be construed to
 1599  prohibit any person licensed in this state from using any
 1600  physical agent as a part of, or incidental to, the lawful
 1601  practice of her or his profession under the statutes applicable
 1602  to the profession of chiropractic physician, podiatric
 1603  physician, doctor of medicine, massage therapist, nurse,
 1604  osteopathic physician or surgeon, occupational therapist, or
 1605  naturopathic physician naturopath.
 1606         Section 32. Paragraph (h) of subsection (4) of section
 1607  627.351, Florida Statutes, is amended to read:
 1608         627.351 Insurance risk apportionment plans.—
 1609         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
 1610  CONTRACTS AND PURCHASES.—
 1611         (h) As used in this subsection:
 1612         1. “Health care provider” means hospitals licensed under
 1613  chapter 395; physicians licensed under chapter 458; osteopathic
 1614  physicians licensed under chapter 459; podiatric physicians
 1615  licensed under chapter 461; dentists licensed under chapter 466;
 1616  chiropractic physicians licensed under chapter 460; naturopathic
 1617  physicians naturopaths licensed under chapter 462; nurses
 1618  licensed under part I of chapter 464; midwives licensed under
 1619  chapter 467; physician assistants licensed under chapter 458 or
 1620  chapter 459; physical therapists and physical therapist
 1621  assistants licensed under chapter 486; health maintenance
 1622  organizations certificated under part I of chapter 641;
 1623  ambulatory surgical centers licensed under chapter 395; other
 1624  medical facilities as defined in subparagraph 2.; blood banks,
 1625  plasma centers, industrial clinics, and renal dialysis
 1626  facilities; or professional associations, partnerships,
 1627  corporations, joint ventures, or other associations for
 1628  professional activity by health care providers.
 1629         2. “Other medical facility” means a facility the primary
 1630  purpose of which is to provide human medical diagnostic services
 1631  or a facility providing nonsurgical human medical treatment, to
 1632  which facility the patient is admitted and from which facility
 1633  the patient is discharged within the same working day, and which
 1634  facility is not part of a hospital. However, a facility existing
 1635  for the primary purpose of performing terminations of pregnancy
 1636  or an office maintained by a physician or dentist for the
 1637  practice of medicine may not be construed to be an “other
 1638  medical facility.”
 1639         3. “Health care facility” means any hospital licensed under
 1640  chapter 395, health maintenance organization certificated under
 1641  part I of chapter 641, ambulatory surgical center licensed under
 1642  chapter 395, or other medical facility as defined in
 1643  subparagraph 2.
 1644         Section 33. Subsection (23) of section 893.02, Florida
 1645  Statutes, is amended to read:
 1646         893.02 Definitions.—The following words and phrases as used
 1647  in this chapter shall have the following meanings, unless the
 1648  context otherwise requires:
 1649         (23) “Practitioner” means a physician licensed under
 1650  chapter 458, a dentist licensed under chapter 466, a
 1651  veterinarian licensed under chapter 474, an osteopathic
 1652  physician licensed under chapter 459, an advanced practice
 1653  registered nurse licensed under chapter 464, a naturopathic
 1654  physician naturopath licensed under chapter 462, a certified
 1655  optometrist licensed under chapter 463, a psychiatric nurse as
 1656  defined in s. 394.455, a podiatric physician licensed under
 1657  chapter 461, or a physician assistant licensed under chapter 458
 1658  or chapter 459, provided such practitioner holds a valid federal
 1659  controlled substance registry number.
 1660         Section 34. Paragraph (g) of subsection (3) of section
 1661  921.0022, Florida Statutes, is amended to read:
 1662         921.0022 Criminal Punishment Code; offense severity ranking
 1663  chart.—
 1664         (3) OFFENSE SEVERITY RANKING CHART
 1665         (g) LEVEL 7
 1666  
 1667  FloridaStatute           FelonyDegree         Description         
 1668  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 1669  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 1670  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1671  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 1672  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1673  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 1674  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 1675  456.065(2)                    3rd     Practicing a health care profession without a license.
 1676  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 1677  458.327(1)                    3rd     Practicing medicine without a license.
 1678  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 1679  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 1680  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 1681  462.019 462.17                3rd     Practicing naturopathic medicine naturopathy without a license.
 1682  463.015(1)                    3rd     Practicing optometry without a license.
 1683  464.016(1)                    3rd     Practicing nursing without a license.
 1684  465.015(2)                    3rd     Practicing pharmacy without a license.
 1685  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 1686  467.201                       3rd     Practicing midwifery without a license.
 1687  468.366                       3rd     Delivering respiratory care services without a license.
 1688  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 1689  483.901(7)                    3rd     Practicing medical physics without a license.
 1690  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 1691  484.053                       3rd     Dispensing hearing aids without a license.
 1692  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1693  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1694  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1695  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1696  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1697  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 1698  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1699  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1700  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1701  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1702  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1703  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1704  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 1705  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 1706  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 1707  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 1708  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 1709  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 1710  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 1711  784.081(1)                    1st     Aggravated battery on specified official or employee.
 1712  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 1713  784.083(1)                    1st     Aggravated battery on code inspector.
 1714  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 1715  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 1716  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1717  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 1718  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 1719  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1720  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1721  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1722  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1723  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1724  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 1725  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 1726  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1727  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 1728  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 1729  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 1730  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 1731  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1732  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 1733  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 1734  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1735  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1736  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 1737  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 1738  812.014(2)(g)                 2nd     Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
 1739  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 1740  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1741  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 1742  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 1743  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 1744  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 1745  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 1746  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 1747  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1748  817.418(2)(a)                 3rd     Offering for sale or advertising personal protective equipment with intent to defraud.
 1749  817.504(1)(a)                 3rd     Offering or advertising a vaccine with intent to defraud.
 1750  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 1751  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 1752  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1753  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 1754  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 1755  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 1756  827.071(2) & (3)              2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1757  827.071(4)                    2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
 1758  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 1759  838.015                       2nd     Bribery.                    
 1760  838.016                       2nd     Unlawful compensation or reward for official behavior.
 1761  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 1762  838.22                        2nd     Bid tampering.              
 1763  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 1764  843.0855(3)                   3rd     Unlawful simulation of legal process.
 1765  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 1766  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1767  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 1768  872.06                        2nd     Abuse of a dead human body. 
 1769  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1770  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1771  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1772  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
 1773  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
 1774  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1775  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1776  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1777  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1778  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
 1779  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 1780  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 1781  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 1782  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 1783  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 1784  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 1785  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1786  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1787  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1788  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1789  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 1790  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 1791  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 1792  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 1793  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 1794  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1795  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1796  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1797  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 1798  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1799  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1800  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 1801  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1802  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1803  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1804  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1805  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1806  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1807         Section 35. This act shall take effect December 31, 2025.