Senate Bill sb2444

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    Florida Senate - 2002                                  SB 2444

    By Senators Dawson and Futch





    30-1359-02

  1                      A bill to be entitled

  2         An act relating to naturopathy; creating s.

  3         462.001, F.S.; specifying legislative purpose;

  4         creating s. 462.005, F.S.; providing licensure

  5         exceptions; amending s. 462.005, F.S.;

  6         providing licensure exceptions; amending

  7         462.01, F.S.; revising definitions; creating s.

  8         462.012, F.S.; creating the Board of

  9         Naturopathic Medicine and providing for its

10         membership; providing for the adoption of

11         rules; creating s. 462.015, F.S.; providing

12         general licensure requirements; amending s.

13         462.023, F.S.; providing general powers of the

14         board; amending ss. 462.08, 462.09, F.S.;

15         conforming provisions; amending s. 462.11,

16         F.S.; providing that licensees have the same

17         rights and obligations as other health care

18         professionals; creating s. 462.125, F.S.;

19         providing a statement of rights and

20         professional status; amending s. 462.13, F.S.;

21         conforming provisions; amending s. 462.14,

22         F.S.; revising grounds for disciplinary action;

23         eliminating restrictions against soliciting

24         patients, advertising, practicing under an

25         assumed name, and prescribing or dispensing

26         certain growth hormones; conforming provisions;

27         amending s. 462.17, F.S.; conforming

28         provisions; amending s. 462.18, F.S.; revising

29         continuing education requirements; providing

30         for biennial licenses; providing an effective

31         date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 462.001, Florida Statutes, is

  4  created to read:

  5         462.001  Purpose.--The Legislature recognizes that the

  6  practice of naturopathic medicine is potentially dangerous if

  7  conducted by unsafe and incompetent practitioners; that it is

  8  difficult to make an informed choice when selecting a

  9  naturopathic physician; and that the consequences of a wrong

10  decision could seriously harm the public health and safety.

11  The primary legislative purpose of this chapter is to ensure

12  that every naturopathic physician practicing in this state

13  meets minimum requirements for safe and effective practice.

14         Section 2.  Section 462.005, Florida Statutes, is

15  created to read:

16         462.005  Exceptions.--This chapter does not apply to:

17         (1)  Licensed health care practitioners, other than

18  naturopathic physicians and naturopathic physician assistants,

19  acting within their scope of practice.

20         (2)  Any physician licensed in another jurisdiction

21  when consulting with a physician licensed in this state.

22         (3)  Naturopathic medical students practicing under the

23  direct supervision of a licensed physician in extern or intern

24  programs approved by a college recognized and approved by the

25  board or The American Association of Naturopathic Medicine.

26         (4)  Any person furnishing medical assistance in an

27  emergency.

28         (5)  The domestic administration of recognized family

29  remedies.

30         (6)  The practice of Christian Science.

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  1  This chapter does not prohibit any service rendered by a

  2  person under the direct supervision and control of a licensed

  3  naturopathic physician, who must be available when needed,

  4  must provide specific direction for any service to be

  5  performed, and must give final approval to all services

  6  performed.

  7         Section 3.  Section 462.01, Florida Statutes, is

  8  amended to read:

  9         462.01  Definitions.--As used in this chapter, the

10  term:

11         (1)  "Board" means the Board of Naturopathic Medicine.

12  "Natureopathy" and "Naturopathy" shall be construed as

13  synonymous terms and mean the use and practice of

14  psychological, mechanical, and material health sciences to aid

15  in purifying, cleansing, and normalizing human tissues for the

16  preservation or restoration of health, according to the

17  fundamental principles of anatomy, physiology, and applied

18  psychology, as may be required.  Naturopathic practice

19  employs, among other agencies, phytotherapy, dietetics,

20  psychotherapy, suggestotherapy, hydrotherapy, zone therapy,

21  biochemistry, external applications, electrotherapy,

22  mechanotherapy, mechanical and electrical appliances, hygiene,

23  first aid, sanitation, and heliotherapy; provided, however,

24  that nothing in this chapter shall be held or construed to

25  authorize any naturopathic physician licensed hereunder to

26  practice materia medica or surgery or chiropractic medicine,

27  nor shall the provisions of this law in any manner apply to or

28  affect the practice of osteopathic medicine, chiropractic

29  medicine, Christian Science, or any other treatment authorized

30  and provided for by law for the cure or prevention of disease

31  and ailments.

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  1         (2)  "Department" means the Department of Health.

  2         (3)  "Naturopathic medicine" means the diagnosis,

  3  treatment, operation, or prescription for any human disease,

  4  pain, injury, deformity, or other physical or mental condition

  5  which is based in part upon educational standards and

  6  requirements that emphasize the importance of the natural

  7  healing arts and natural processes and addresses the physical

  8  and vitalistic aspects of the human body. Naturopathic

  9  medicine includes the practice of psychological, mechanical,

10  and material health sciences to aid in purifying, cleansing,

11  and normalizing human tissues for the preservation or

12  restoration of health, according to the fundamental principles

13  of anatomy, physiology, and applied psychology; and employs,

14  among other agencies, materia medica, pharmacology,

15  toxicology, surgery, obstetrics and gynecology, radiology,

16  phytotherapy, dietetics, nutritional therapy, bioenergetic

17  therapy, acupuncture, ayurvedic therapy, homeopathy,

18  aromatherapy, psychotherapy, suggestotherapy, hypnotherapy,

19  manipulative therapy, manual therapy, myofascial release

20  therapy, physiotherapy, hydrotherapy, diathermy,

21  electrotherapy, mechanotherapy, mechanical and electrical

22  appliance, zone therapy, biochemistry, external applications,

23  hygiene, first aid and CPR, sanitation, heliotherapy, light

24  therapy, infrared laser therapy, and other allied modalities;

25  but does not include the practice of osteopathic or

26  chiropractic medicine.

27         Section 4.  Section 462.012, Florida Statutes, is

28  created to read:

29         462.012  Board of Naturopathic Medicine.--

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  1         (1)  There is created within the department the Board

  2  of Naturopathic Medicine, composed of seven members appointed

  3  by the Governor and subject to confirmation by the Senate.

  4         (2)  One member of the board must be a licensed

  5  naturopathic physician licensed under chapter 462 in good

  6  standing, who is a resident of the state. One member must be a

  7  licensed osteopathic physician in good standing, pursuant to

  8  chapter 459, and three members must be licensed chiropractic

  9  physicians in good standing, pursuant to chapter 460. The four

10  members licensed under chapters 459 and 460 shall serve 2-year

11  terms, after which, they shall be replaced by members who are

12  licensed in good standing under chapter 462. The remaining two

13  members must be residents of the state who are not, and never

14  have been, licensed health care practitioners or members of

15  any closely related profession, but who demonstrate an

16  interest in the health concerns of the state. At least one

17  member must be 60 years of age or older.

18         (3)  Except as provided in subsection (2), the terms of

19  office are for 4 years. As the terms of the members expire,

20  the Governor shall appoint successors for terms of 4 years.

21  Members shall hold office until the appointment and

22  qualification of their successors, subject to the following

23  exceptions:

24         (a)  A member of the board may be removed from office

25  if the Governor finds the member was guilty of malfeasance,

26  misfeasance, or dishonorable conduct.

27         (b)  The term of any member automatically ends upon

28  resignation or permanent removal from this state.

29         (4)  There is no monetary liability on the part of and

30  no cause of action shall arise against the members or

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  1  employees of the board for any act performed in good faith and

  2  in furtherance of this chapter.

  3         (5)  All provisions of chapter 456 relating to the

  4  board shall apply.

  5         (6)  The board may adopt rules necessary to administer

  6  this chapter.

  7         Section 5.  Section 462.015, Florida Statutes, is

  8  created to read:

  9         462.015  General licensure requirements.--

10         (1)  Any person seeking to be licensed or certified as

11  a naturopathic physician shall:

12         (a)  Provide a completed application form and submit

13  the appropriate fee to the department;

14         (b)  Be at least 21 years of age;

15         (c)  Be of good moral character;

16         (d)  Have completed at least 2 years of preprofessional

17  postsecondary education;

18         (e)  Have not previously committed any act that would

19  violate this chapter, unless the board determines that such

20  act does not adversely affect the applicant's present ability

21  and fitness to practice naturopathic medicine;

22         (f)  Not be under investigation in any jurisdiction for

23  an act that would violate this chapter. If, upon completion of

24  such investigation, it is determined that the applicant has

25  committed an act that would violate this chapter, the

26  applicant shall be ineligible for licensure, unless the board

27  determines that such act does not adversely affect the

28  applicant's present ability and fitness to practice

29  naturopathic medicine;

30         (g)  Not have had an application for a license to

31  practice naturopathic medicine denied or a license to practice

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  1  naturopathic medicine or another healthcare profession

  2  revoked, suspended, or otherwise acted against by the

  3  licensing authority of any jurisdiction, unless the board

  4  determines that the grounds on which such action was taken do

  5  not adversely affect the applicant's present ability and

  6  fitness to practice naturopathic medicine. A licensing

  7  authority's acceptance of a physician's relinquishment of

  8  license, stipulation, consent order, or other settlement

  9  offered in response to or in anticipation of the filing of

10  administrative charges against the naturopathic physician

11  constitute action against the naturopathic physician's

12  license;

13         (h)  Submit to the department a set of fingerprints on

14  a form and under procedures specified by the department, along

15  with a payment in an amount equal to the costs incurred for

16  the criminal-background check of the applicant.

17         (2)  The board may require the following:

18         (a)  An applicant to submit credentials, other written

19  or oral proof, or any other documentation the board considers

20  necessary to determine the applicant's fitness for licensure

21  under this chapter.

22         (b)  Make investigations it considers proper to

23  adequately advise itself with respect to the qualifications of

24  an applicant.

25         (c)  A personal appearance of any applicant for

26  licensure or certification. Any applicant of whom a personal

27  appearance is required must be given adequate notice of the

28  time and place of the appearance and a statement of the

29  purpose for the appearance and the reasons requiring such

30  appearance.

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  1         (3)  An applicant must be a graduate of a school or

  2  college of Naturopathic Medicine which is approved by the

  3  board and which meets any of the following qualifications:

  4         (a)  A college or university of Naturopathic Medicine

  5  which is accredited by an accrediting agency recognized by the

  6  state or Federal Government.

  7         (b)  A college or university of Naturopathic Medicine

  8  which is a candidate for accreditation with an accrediting

  9  agency, recognized by the state or Federal Government.

10         (c)  A college or university of Naturopathic Medicine

11  which is recognized and legally operating in another state or

12  recognized by the Federal Government.

13         (d)  A foreign college or university of Naturopathic

14  Medicine which is recognized by another nation or that is

15  registered with the World Health Organization.

16         (4)  If an application is satisfactory to the board,

17  the applicant may be required to pass an examination

18  administered by the board or a national organization. For

19  examinations offered by the board, the board shall establish

20  the scope and subject matter of the examination, and

21  examinations shall be offered at least twice a year at a time

22  and place to be determined by the board. An applicant who

23  fails an examination may be reexamined pursuant to rules

24  adopted by the board.

25         (5)  Within 90 days after it receives a completed

26  application and the required fee for initial licensure, the

27  board shall issue a license if the applicant demonstrates to

28  the board's satisfaction that the applicant complies with this

29  chapter and board rules.

30         (6)  The department and the board shall investigate

31  applicants for licensure to ensure that they meet the

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  1  applicable criteria prescribed in this chapter. When the

  2  investigation is not completed within the time set out in s.

  3  120.60(1) and the department or board has reason to believe

  4  that the applicant does not meet the criteria, the secretary

  5  may issue a 90-day licensure delay, which shall be in writing

  6  and sufficient to notify the applicant of the reason for the

  7  delay. This subsection shall prevail over any conflicting

  8  provisions of s. 120.60(1).

  9         (7)  If an applicant has committed an act that

10  constitutes a violation of this chapter or has had an

11  application for a license to practice naturopathic medicine

12  revoked, suspended, or otherwise acted against by the

13  licensing authority of any jurisdiction, notwithstanding the

14  board's determination that the applicant's present ability and

15  fitness to practice naturopathic medicine have not been

16  adversely affected, the board may certify the application to

17  the department with restrictions.

18         Section 6.  Section 462.023, Florida Statutes, is

19  amended to read:

20         462.023  Powers and duties of the board

21  department.--The board shall department may adopt such rules

22  as are necessary to administer carry out the purposes of this

23  chapter, initiate disciplinary action as provided by this

24  chapter, and shall establish fees based on its estimates of

25  the revenue required to administer this chapter but shall not

26  exceed the fee amounts provided in this chapter. The

27  department shall not adopt any rules which would cause any

28  person who was not licensed in accordance with this chapter on

29  July 1, 1959, and had not been a resident of the state for 2

30  years prior to such date, to become licensed.

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  1         Section 7.  Section 462.08, Florida Statutes, is

  2  amended to read:

  3         462.08  Renewal of license to practice naturopathic

  4  medicine naturopathy.--Each licenseholder shall biennially

  5  renew her or his license to practice naturopathic medicine

  6  naturopathy. The applicant must furnish to the board

  7  department such evidence as it requires of the applicant's

  8  compliance with s. 462.18, relating to educational

  9  requirements. The biennial renewal fee, the amount of which

10  shall be determined by the board department but which may not

11  exceed $1,000, must be paid at the time the application for

12  renewal of the license is filed.

13         Section 8.  Section 462.09, Florida Statutes, is

14  amended to read:

15         462.09  Disposition of fees.--All fees received under

16  this chapter shall be deposited into the Medical Quality

17  Assurance Trust Fund.  The Legislature shall appropriate funds

18  from this trust fund sufficient to carry out the provisions of

19  this chapter.  The board department shall prepare and submit a

20  proposed budget in accordance with law.

21         Section 9.  Section 462.11, Florida Statutes, is

22  amended to read:

23         462.11  Naturopathic physicians Naturopaths to observe

24  regulations.--Naturopathic physicians Doctors of naturopathy

25  shall observe and be subject to all state, county, and

26  municipal regulations in regard to the control of contagious

27  and infectious diseases, the reporting of births and deaths,

28  and to any and all other matters pertaining to the public

29  health in the same manner and with equal rights and

30  obligations as are is required of other health care

31  professionals practitioners of the healing art.

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  1         Section 10.  Section 462.125, Florida Statutes, is

  2  created to read:

  3         462.125  Privileges and status of naturopathic

  4  physicians.--(1)  Naturopathic physicians have the same rights

  5  as physicians of other schools of medicine with respect to the

  6  treatment of cased or holding of offices in public

  7  institutions and must be accorded equal professional status

  8  and privileges as physicians licensed under chapter 458.

  9         (2)  A health facility may not adopt written bylaws in

10  accordance with legal requirements that circumvent the intent

11  of that chapter or any other nondiscriminatory provisions in

12  either chapter 458 or this chapter.

13         Section 11.  Section 462.13, Florida Statutes, is

14  amended to read:

15         462.13  Additional powers and duties of the board and

16  department.--The board and the department may administer

17  oaths, summon witnesses, and take testimony in all matters

18  relating to its duties pursuant to this chapter.  Every

19  unrevoked license shall be presumptive evidence in all courts

20  and places that the person therein named is legally licensed

21  to practice naturopathic medicine naturopathy.  The board and

22  the department shall aid the prosecuting attorneys of the

23  state in the enforcement of this chapter.

24         Section 12.  Section 462.14, Florida Statutes, is

25  amended to read:

26         462.14  Grounds for disciplinary action; action by the

27  board and the department.--

28         (1)  The following acts constitute grounds for denial

29  of a license or disciplinary action, as specified in s.

30  456.072(2):

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  1         (a)  Attempting to obtain, obtaining, or renewing a

  2  license to practice naturopathic medicine by bribery or, by

  3  fraudulent misrepresentation, or through an error of the

  4  department.

  5         (b)  Having a license to practice naturopathic medicine

  6  revoked, suspended, or otherwise acted against, including the

  7  denial of licensure, by the licensing authority of another

  8  state, territory, or country.

  9         (c)  Being convicted or found guilty, regardless of

10  adjudication, of a crime in any jurisdiction which directly

11  relates to the practice of naturopathic medicine or to the

12  ability to practice naturopathic medicine. Any plea of nolo

13  contendere shall be considered a conviction for purposes of

14  this chapter.

15         (d)  False, deceptive, or misleading advertising.

16         (e)  Advertising, practicing, or attempting to practice

17  under a name other than one's own.

18         (e)(f)  Failing to report to the department any person

19  who the licensee knows is in violation of this chapter or of

20  the rules of the department.

21         (f)(g)  Aiding, assisting, procuring, or advising any

22  unlicensed person to practice naturopathic medicine contrary

23  to this chapter or to a rule of the department.

24         (g)(h)  Failing to perform any statutory or legal

25  obligation placed upon a licensed naturopathic physician.

26         (h)(i)  Making or filing a report which the licensee

27  knows to be false, intentionally or negligently failing to

28  file a report or record required by state or federal law,

29  willfully impeding or obstructing such filing or inducing

30  another person to do so.  Such reports or records shall

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  1  include only those which are signed in the capacity as a

  2  licensed naturopathic physician.

  3         (i)(j)  Paying or receiving any commission, bonus,

  4  kickback, or rebate, or engaging in any split-fee arrangement

  5  in any form whatsoever with a physician, organization, agency,

  6  or person, either directly or indirectly, for patients

  7  referred to providers of health care goods and services,

  8  including, but not limited to, hospitals, nursing homes,

  9  clinical laboratories, ambulatory surgical centers, or

10  pharmacies.  The provisions of this paragraph shall not be

11  construed to prevent a naturopathic physician from receiving a

12  fee for professional consultation services.

13         (j)(k)  Exercising influence within a patient-physician

14  relationship for purposes of engaging a patient in sexual

15  activity. A patient shall be presumed to be incapable of

16  giving free, full, and informed consent to sexual activity

17  with her or his physician.

18         (k)(l)  Making deceptive, untrue, or fraudulent

19  representations in the practice of naturopathic medicine or

20  employing a trick or scheme in the practice of naturopathic

21  medicine when such scheme or trick fails to conform to the

22  generally prevailing standards of treatment in the medical

23  community.

24         (l)(m)  Coercing prospective Soliciting patients,

25  either personally or through an agent, through the use of

26  fraud, intimidation, undue influence, or a form of

27  overreaching or vexatious conduct.  A "solicitation" is any

28  communication which directly or implicitly requests an

29  immediate oral response from the recipient.

30         (m)(n)  Failing to keep written medical records

31  justifying the course of treatment of the patient, including,

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  1  but not limited to, patient histories, examination results,

  2  test results, X rays, and records of the prescribing,

  3  dispensing and administering of drugs.

  4         (n)(o)  Exercising influence on the patient or client

  5  in such a manner as to exploit the patient or client for the

  6  financial gain of the licensee or of a third party, which

  7  shall include, but not be limited to, the promoting or selling

  8  of services, goods, appliances, or drugs and the promoting or

  9  advertising on any prescription form of a community pharmacy

10  unless the form also states "This prescription may be filled

11  at any pharmacy of your choice."

12         (o)(p)  Performing professional services which have not

13  been duly authorized by the patient or client, or her or his

14  legal representative, except as provided in s. 743.064, s.

15  766.103, or s. 768.13.

16         (p)(q)  Prescribing, dispensing, administering, mixing,

17  or otherwise preparing a legend drug, including any controlled

18  substance, other than in the course of the naturopathic

19  physician's professional practice.  For the purposes of this

20  paragraph, it shall be legally presumed that prescribing,

21  dispensing, administering, mixing, or otherwise preparing

22  legend drugs, including all controlled substances,

23  inappropriately or in excessive or inappropriate quantities is

24  not in the best interest of the patient and is not in the

25  course of the naturopathic physician's professional practice,

26  without regard to her or his intent.

27         (q)(r)  Prescribing, dispensing, or administering any

28  medicinal drug appearing on any schedule set forth in chapter

29  893 by the naturopathic physician to herself or himself,

30  except one prescribed, dispensed, or administered to the

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  1  naturopathic physician by another practitioner authorized to

  2  prescribe, dispense, or administer medicinal drugs.

  3         (r)(s)  Being unable to practice naturopathic medicine

  4  with reasonable skill and safety to patients by reason of

  5  illness or use of alcohol, drugs, narcotics, chemicals, or any

  6  other type of material or as a result of any mental or

  7  physical condition.  In enforcing this paragraph, the board

  8  department shall have, upon probable cause, authority to

  9  compel a naturopathic physician to submit to a mental or

10  physical examination by physicians designated by an

11  independent panel of naturopathic physicians recommended by

12  the Florida Association of Naturopathic Physicians the

13  department. Notice to submit to an examination must be given

14  by registered mail. The failure of a naturopathic physician to

15  submit to such an examination when so directed shall

16  constitute an admission of the allegations against her or him

17  upon which a default and final order may be entered without

18  the taking of testimony or presentation of evidence, unless

19  the failure was due to circumstances beyond the naturopathic

20  physician's control.  A naturopathic physician affected under

21  this paragraph shall at reasonable intervals be afforded an

22  opportunity to demonstrate that she or he can resume the

23  competent practice of naturopathic medicine with reasonable

24  skill and safety to patients. In any proceeding under this

25  paragraph, neither the record of proceedings nor the orders

26  entered by the department may be used against a naturopathic

27  physician in any other proceeding.

28         (s)(t)  Gross or repeated malpractice or the failure to

29  practice naturopathic medicine with that level of care, skill,

30  and treatment which is recognized by a reasonably prudent

31  similar physician as being acceptable under similar conditions

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  1  and circumstances.  The department shall give great weight to

  2  the provisions of s. 766.102 when enforcing this paragraph.

  3         (t)(u)  Performing any procedure or prescribing any

  4  therapy which, by the prevailing standards of medical practice

  5  in the community, constitutes experimentation on a human

  6  subject, without first obtaining full, informed, and written

  7  consent.

  8         (u)(v)  Practicing or offering to practice beyond the

  9  scope permitted by law or accepting and performing

10  professional responsibilities which the licensee knows or has

11  reason to know that she or he is not competent to perform.

12         (v)(w)  Delegating professional responsibilities to a

13  person when the licensee delegating such responsibilities

14  knows or has reason to know that such person is not qualified

15  by training, experience, or licensure to perform them.

16         (w)(x)  Violating a lawful order of the department

17  previously entered in a disciplinary hearing or failing to

18  comply with a lawfully issued subpoena of the department.

19         (x)(y)  Conspiring with another licensee or with any

20  other person to commit an act, or committing an act, which

21  would tend to coerce, intimidate, or preclude another licensee

22  from lawfully advertising her or his services.

23         (y)(z)  Procuring, or aiding or abetting in the

24  procuring of, an unlawful termination of pregnancy.

25         (z)(aa)  Presigning blank prescription forms.

26         (aa)(bb)  Prescribing by the naturopathic physician for

27  office use any medicinal drug appearing on Schedule II in

28  chapter 893.

29         (bb)(cc)  Prescribing, ordering, dispensing,

30  administering, supplying, selling, or giving any drug which is

31  an amphetamine or sympathomimetic amine drug, or a compound

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  1  designated pursuant to chapter 893 as a Schedule II controlled

  2  substance to or for any person except for:

  3         1.  The treatment of narcolepsy; hyperkinesis;

  4  behavioral syndrome in adults or children characterized by the

  5  developmentally inappropriate symptoms of moderate to severe

  6  distractability, short attention span, hyperactivity,

  7  emotional lability, and impulsivity; or drug-induced brain

  8  dysfunction.

  9         2.  The differential diagnostic psychiatric evaluation

10  of depression or the treatment of depression shown to be

11  refractory to other therapeutic modalities.

12         3.  The clinical investigation of the effects of such

13  drugs or compounds when an investigative protocol therefor is

14  submitted to, reviewed, and approved by the department before

15  such investigation is begun.

16         (dd)  Prescribing, ordering, dispensing, administering,

17  supplying, selling, or giving growth hormones, testosterone or

18  its analogs, human chorionic gonadotropin (HCG), or other

19  hormones for the purpose of muscle building or to enhance

20  athletic performance. For the purposes of this subsection, the

21  term "muscle building" does not include the treatment of

22  injured muscle.  A prescription written for the drug products

23  listed above may be dispensed by the pharmacist with the

24  presumption that the prescription is for legitimate medical

25  use.

26         (cc)(ee)  Violating any provision of this chapter or

27  chapter 456, or any rules adopted pursuant thereto.

28         (2)  The board department may enter an order denying

29  licensure or imposing any of the penalties in s. 456.072(2)

30  against any applicant for licensure or licensee who is found

31  guilty of violating any provision of subsection (1) of this

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    Florida Senate - 2002                                  SB 2444
    30-1359-02




  1  section or who is found guilty of violating any provision of

  2  s. 456.072(1).

  3         (3)  The board department shall not reinstate the

  4  license of a naturopathic physician until such time as the

  5  department is satisfied that such person has complied with all

  6  the terms and conditions set forth in the final order and that

  7  such person is capable of safely engaging in the practice of

  8  naturopathic medicine.

  9         (4)  The board department shall by rule establish

10  guidelines for the disposition of disciplinary cases involving

11  specific types of violations. Such guidelines may include

12  minimum and maximum fines, periods of supervision or

13  probation, or conditions of probation or reissuance of a

14  license.

15         Section 13.  Section 462.17, Florida Statutes, is

16  amended to read:

17         462.17  Penalty for offenses relating to naturopathic

18  medicine naturopathy.--Any person who shall:

19         (1)  Sell, fraudulently obtain, or furnish any

20  naturopathic medicine diploma, license, record, or

21  registration or aid or abet in the same;

22         (2)  Practice naturopathic medicine naturopathy under

23  the cover of any diploma, license, record, or registration

24  illegally or fraudulently obtained or secured or issued

25  unlawfully or upon fraudulent representations;

26         (3)  Advertise to practice naturopathic medicine

27  naturopathy under a name other than her or his own or under an

28  assumed name;

29         (4)  Falsely impersonate another practitioner of a like

30  or different name;

31

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    Florida Senate - 2002                                  SB 2444
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  1         (5)  Practice or advertise to practice naturopathic

  2  medicine naturopathy or use in connection with her or his name

  3  any designation tending to imply or to designate the person as

  4  a practitioner of naturopathic medicine naturopathy without

  5  then being lawfully licensed and authorized to practice

  6  naturopathic medicine naturopathy in this state; or

  7         (6)  Practice any of the branches of naturopathic

  8  medicine, but this shall not be construed to prohibit any

  9  other healthcare practitioners' acting within their authorized

10  scope of practice; or

11         (7)(6)  Practice naturopathic medicine naturopathy

12  during the time her or his license is suspended or revoked

13

14  shall be guilty of a felony of the third degree, punishable as

15  provided in s. 775.082, s. 775.083, or s. 775.084.

16         Section 14.  Section 462.18, Florida Statutes, is

17  amended to read:

18         462.18  Educational requirements.--

19         (1)  At the time each licensee shall renew her or his

20  license as otherwise provided in this chapter, each licensee,

21  beginning with the license renewal due May 1, 1944, in

22  addition to the payment of the regular renewal fee, shall

23  furnish to the department satisfactory evidence that, in the

24  year preceding each such application for renewal, the licensee

25  has attended the 2-day educational program as promulgated and

26  conducted by the Florida Association of Naturopathic

27  Physicians Association, Inc., or, as a substitute therefor,

28  the equivalent of that program as approved by the board

29  department.  The department shall send a written notice to

30  this effect to every person holding a valid license to

31  practice naturopathy within this state at least 30 days prior

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    Florida Senate - 2002                                  SB 2444
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  1  to May 1 in each biennial year, directed to the last known

  2  address of such licensee, and shall enclose with the notice

  3  proper blank forms for application for biennial annual license

  4  renewal.  All of the details and requirements of the aforesaid

  5  educational program shall be adopted and prescribed by the

  6  department.  In the event of national emergencies, or for

  7  sufficient reason, the department shall have the power to

  8  excuse the naturopathic physicians as a group or as

  9  individuals from taking this postgraduate course.

10         (2)  The determination of whether a substitute annual

11  educational program is necessary shall be solely within the

12  discretion of the board department.

13         Section 15.  This act shall take effect July 1, 2002.

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16                          SENATE SUMMARY

17    Revises ch. 462, F.S., relating to naturopathy. Revises
      definitions of the terms "naturopathic medicine" and
18    "naturopathy." Creates a Board of Naturopathic Medicine
      and prescribes its powers and duties. Provides general
19    licensing and regulatory procedures. (See bill for
      details.)
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