Senate Bill sb2604
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Florida Senate - 2004 SB 2604
By Senator Diaz de la Portilla
36-1249-04 See HB
1 A bill to be entitled
2 An act relating to naturopathic medicine;
3 changing the title of ch. 462, F.S., from
4 "Naturopathy" to "Naturopathic Medicine";
5 amending s. 462.01, F.S.; revising and
6 providing definitions; creating s. 462.0215,
7 F.S.; creating the Board of Naturopathic
8 Medicine; providing membership and duties of
9 the board; providing guidelines for probable
10 cause panels and disciplinary decisions;
11 providing applicability of ch. 456, F.S.;
12 amending s. 462.023, F.S.; providing powers and
13 duties of the board under ch. 462, F.S.,
14 including rulemaking authority; deleting
15 obsolete language; amending s. 462.08, F.S.;
16 conforming terminology; amending s. 462.11,
17 F.S.; conforming and correcting terminology;
18 amending s. 462.13, F.S.; providing additional
19 powers and duties of the board; amending s.
20 462.14, F.S.; specifying authority of the
21 department and the board with respect to
22 disciplinary action and revising grounds for
23 disciplinary action with respect to such
24 authority; conforming terminology; amending s.
25 462.16, F.S.; specifying authority for setting
26 the fee for the reissuance of license under
27 certain circumstances; conforming terminology;
28 amending s. 462.17, F.S.; conforming
29 terminology; amending s. 462.18, F.S., relating
30 to educational requirements; conforming
31 terminology; amending s. 462.19, F.S.;
1
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Florida Senate - 2004 SB 2604
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1 increasing the maximum amount at which the
2 inactive status fee may be set; creating s.
3 462.193, F.S.; providing requirements for
4 licensure as a naturopathic physician;
5 providing fees; providing grounds for denying
6 or restricting licenses; providing for the
7 applicability of certain rights to naturopathic
8 physicians who have certain qualifications;
9 creating s. 462.195, F.S.; providing exemptions
10 from licensure requirements; amending s.
11 462.2001, F.S.; updating the saving clause;
12 conforming terminology; providing that certain
13 rights and privileges of active licensees are
14 retained; amending ss. 20.43, 381.0031,
15 468.301, 476.044, 477.0135, 485.003, 486.161,
16 627.351, 893.02, and 921.0022, F.S.; conforming
17 terminology; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Chapter 462, Florida Statutes, which is
22 entitled "Naturopathy," is redesignated as "Naturopathic
23 Medicine."
24 Section 2. Section 462.01, Florida Statutes, is
25 amended to read:
26 462.01 Definitions.--As used in this chapter, the
27 term:
28 (1) "Board" means the Board of Naturopathic Medicine.
29 (2) "Department" means the Department of Health.
30
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1 (3) "Doctor of naturopathic medicine" or "naturopathic
2 physician" means a person licensed to practice naturopathic
3 medicine under this chapter.
4 (4)(1) "Natureopathy," and "naturopathy," and
5 "naturopathic medicine" shall be construed as synonymous terms
6 and mean the use and practice of psychological, mechanical,
7 and material health sciences to aid in purifying, cleansing,
8 and normalizing human tissues for the preservation or
9 restoration of health, according to the fundamental principles
10 of anatomy, physiology, and applied psychology, as may be
11 required. Naturopathic practice employs, among other agencies,
12 phytotherapy, dietetics, psychotherapy, suggestotherapy,
13 hydrotherapy, zone therapy, biochemistry, external
14 applications, electrotherapy, mechanotherapy, mechanical and
15 electrical appliances, hygiene, first aid, sanitation, and
16 heliotherapy.; provided, However, that nothing in this chapter
17 shall be held or construed to authorize any doctor of
18 naturopathic medicine or naturopathic physician licensed under
19 this chapter hereunder to practice materia medica, major or
20 surgery, or chiropractic medicine, acupuncture, or oriental
21 medicine, nor shall the provisions of this chapter law in any
22 manner apply to or affect the practice of osteopathic
23 medicine, chiropractic medicine, Christian Science, or any
24 other treatment authorized and provided for by law for the
25 cure or prevention of disease and ailments.
26 Section 3. Section 462.0215, Florida Statutes, is
27 created to read:
28 462.0215 Board of Naturopathic Medicine.--
29 (1) There is created within the department the Board
30 of Naturopathic Medicine, composed of seven members appointed
31 by the Governor and confirmed by the Senate.
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1 (2)(a) Five members of the board must be:
2 1. Licensed doctors of naturopathic medicine or
3 naturopathic physicians in good standing in this state who are
4 residents of the state and who have been engaged in the
5 practice of naturopathic medicine for at least 5 years; or
6 2. Persons who have been teaching naturopathic
7 medicine and who hold a doctorate of naturopathic medicine
8 from an institution accredited by an accrediting agency
9 recognized by the United States Department of Education.
10 (b) The remaining two members of the board must be
11 residents of the state who are not, and never have been,
12 licensed health care practitioners.
13 (c) At least one member of the board must be 60 years
14 of age or older.
15 (3) For the purpose of staggering terms, the Governor
16 shall initially appoint to the board three members for terms
17 of 4 years each, two members for terms of 3 years each, and
18 two members for terms of 2 years each. As the terms of board
19 members expire, the Governor shall appoint successors for
20 terms of 4 years, and such members shall serve until their
21 successors are appointed.
22 (4) The board, in conjunction with the department,
23 shall establish a disciplinary training program for members of
24 the board. The program shall provide for initial and periodic
25 training in the grounds for disciplinary action, the actions
26 that may be taken by the board and the department, changes in
27 relevant statutes and rules, and any relevant judicial and
28 administrative decisions. A member of the board may not
29 participate on a probable cause panel or in a disciplinary
30 decision of the board unless she or he has completed the
31 disciplinary training program.
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1 (5) During the time members of the board are appointed
2 to a probable cause panel, they shall attempt to complete
3 their work on every case presented to them. If consideration
4 of a case is begun but is not completed during the term of the
5 board members on the panel, they may reconvene as a probable
6 cause panel for the purpose of completing their deliberations
7 on that case.
8 (6) All provisions of chapter 456 relating to
9 activities of the board are applicable.
10 Section 4. Section 462.023, Florida Statutes, is
11 amended to read:
12 462.023 Powers and duties of the board and the
13 department.--The board and the department may adopt such rules
14 as are necessary to carry out the purposes of this chapter,
15 may initiate disciplinary action as provided by this chapter,
16 and shall establish fees as provided by this chapter based on
17 their its estimates of the revenue required to administer this
18 chapter provided the fees do but shall not exceed the fee
19 amounts provided in this chapter. The department shall not
20 adopt any rules which would cause any person who was not
21 licensed in accordance with this chapter on July 1, 1959, and
22 had not been a resident of the state for 2 years prior to such
23 date, to become licensed.
24 Section 5. Section 462.08, Florida Statutes, is
25 amended to read:
26 462.08 Renewal of license to practice naturopathic
27 medicine naturopathy.--Each licensee licenseholder shall
28 biennially renew her or his license to practice naturopathic
29 medicine naturopathy. The applicant must furnish to the board
30 department such evidence as it requires of the applicant's
31 compliance with s. 462.18, relating to educational
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1 requirements. The biennial renewal fee, the amount of which
2 shall be determined by the board department but which may not
3 exceed $1,000, must be paid at the time the application for
4 renewal of the license is filed.
5 Section 6. Section 462.11, Florida Statutes, is
6 amended to read:
7 462.11 Doctors of naturopathic medicine or
8 naturopathic physicians Naturopaths to observe
9 regulations.--Doctors of naturopathic medicine or naturopathic
10 physicians naturopathy shall observe and be subject to all
11 state, county, and municipal regulations in regard to the
12 control of contagious and infectious diseases, the reporting
13 of births and deaths, and to any and all other matters
14 pertaining to the public health in the same manner as is
15 required of other practitioners of the healing arts art.
16 Section 7. Section 462.13, Florida Statutes, is
17 amended to read:
18 462.13 Additional powers and duties of the board and
19 the department.--The board and the department may administer
20 oaths, summon witnesses, and take testimony in all matters
21 relating to their its duties pursuant to this chapter. Every
22 unrevoked license shall be presumptive evidence in all courts
23 and places that the person therein named is legally licensed
24 to practice naturopathic medicine naturopathy. The board and
25 the department shall aid the prosecuting attorneys of the
26 state in the enforcement of this chapter.
27 Section 8. Section 462.14, Florida Statutes, is
28 amended to read:
29 462.14 Grounds for disciplinary action; action by the
30 board and the department.--
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1 (1) The following acts constitute grounds for denial
2 of a license or disciplinary action, as specified in s.
3 456.072(2):
4 (a) Attempting to obtain, obtaining, or renewing a
5 license to practice naturopathic medicine by bribery, by
6 fraudulent misrepresentation, or through an error of the
7 department or the board.
8 (b) Having a license to practice naturopathic medicine
9 revoked, suspended, or otherwise acted against, including the
10 denial of licensure, by the licensing authority of another
11 state, territory, or country.
12 (c) Being convicted or found guilty, regardless of
13 adjudication, of a crime in any jurisdiction which directly
14 relates to the practice of naturopathic medicine or to the
15 ability to practice naturopathic medicine. Any plea of nolo
16 contendere shall be considered a conviction for purposes of
17 this chapter.
18 (d) False, deceptive, or misleading advertising.
19 (e) Advertising, practicing, or attempting to practice
20 under a name other than one's own.
21 (f) Failing to report to the department any person who
22 the licensee knows is in violation of this chapter or of the
23 rules of the department or the board.
24 (g) Aiding, assisting, procuring, or advising any
25 unlicensed person to practice naturopathic medicine contrary
26 to this chapter or to a rule of the department or the board.
27 (h) Failing to perform any statutory or legal
28 obligation placed upon a licensed doctor of naturopathic
29 medicine or naturopathic physician.
30 (i) Making or filing a report which the licensee knows
31 to be false, intentionally or negligently failing to file a
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1 report or record required by state or federal law, willfully
2 impeding or obstructing such filing or inducing another person
3 to do so. Such reports or records shall include only those
4 which are signed in the capacity as a licensed doctor of
5 naturopathic medicine or naturopathic physician.
6 (j) Paying or receiving any commission, bonus,
7 kickback, or rebate, or engaging in any split-fee arrangement
8 in any form whatsoever with a physician, organization, agency,
9 or person, either directly or indirectly, for patients
10 referred to providers of health care goods and services,
11 including, but not limited to, hospitals, nursing homes,
12 clinical laboratories, ambulatory surgical centers, or
13 pharmacies. The provisions of this paragraph shall not be
14 construed to prevent a doctor of naturopathic medicine or
15 naturopathic physician from receiving a fee for professional
16 consultation services.
17 (k) Exercising influence within a patient-physician
18 relationship for purposes of engaging a patient in sexual
19 activity. A patient shall be presumed to be incapable of
20 giving free, full, and informed consent to sexual activity
21 with her or his physician.
22 (l) Making deceptive, untrue, or fraudulent
23 representations in the practice of naturopathic medicine or
24 employing a trick or scheme in the practice of naturopathic
25 medicine when such scheme or trick fails to conform to the
26 generally prevailing standards of treatment in the medical
27 community.
28 (m) Soliciting patients, either personally or through
29 an agent, through the use of fraud, intimidation, undue
30 influence, or a form of overreaching or vexatious conduct. A
31 "solicitation" is any communication which directly or
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1 implicitly requests an immediate oral response from the
2 recipient.
3 (n) Failing to keep written medical records justifying
4 the course of treatment of the patient, including, but not
5 limited to, patient histories, examination results, test
6 results, X rays, and records of the prescribing, dispensing,
7 and administering of drugs.
8 (o) Exercising influence on the patient or client in
9 such a manner as to exploit the patient or client for the
10 financial gain of the licensee or of a third party, which
11 shall include, but not be limited to, the promoting or selling
12 of services, goods, appliances, or drugs and the promoting or
13 advertising on any prescription form of a community pharmacy
14 unless the form also states "This prescription may be filled
15 at any pharmacy of your choice."
16 (p) Performing professional services which have not
17 been duly authorized by the patient or client, or her or his
18 legal representative, except as provided in s. 743.064, s.
19 766.103, or s. 768.13.
20 (q) Prescribing, dispensing, administering, mixing, or
21 otherwise preparing a legend drug, including any controlled
22 substance, other than in the course of the doctor of
23 naturopathic medicine's or naturopathic physician's
24 professional practice. For the purposes of this paragraph, it
25 shall be legally presumed that prescribing, dispensing,
26 administering, mixing, or otherwise preparing legend drugs,
27 including all controlled substances, inappropriately or in
28 excessive or inappropriate quantities is not in the best
29 interest of the patient and is not in the course of the doctor
30 of naturopathic medicine's or naturopathic physician's
31 professional practice, without regard to her or his intent.
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1 (r) Prescribing, dispensing, or administering any
2 medicinal drug appearing on any schedule set forth in chapter
3 893 by the doctor of naturopathic medicine or naturopathic
4 physician to herself or himself, except one prescribed,
5 dispensed, or administered to the doctor of naturopathic
6 medicine or naturopathic physician by another practitioner
7 authorized to prescribe, dispense, or administer medicinal
8 drugs.
9 (s) Being unable to practice naturopathic medicine
10 with reasonable skill and safety to patients by reason of
11 illness or use of alcohol, drugs, narcotics, chemicals, or any
12 other type of material or as a result of any mental or
13 physical condition. In enforcing this paragraph, the
14 department shall have, upon probable cause, authority to
15 compel a doctor of naturopathic medicine or naturopathic
16 physician to submit to a mental or physical examination by
17 physicians designated by the department. The failure of a
18 doctor of naturopathic medicine or naturopathic physician to
19 submit to such an examination when so directed shall
20 constitute an admission of the allegations against her or him
21 upon which a default and final order may be entered without
22 the taking of testimony or presentation of evidence, unless
23 the failure was due to circumstances beyond the doctor of
24 naturopathic medicine's or naturopathic physician's control. A
25 doctor of naturopathic medicine or naturopathic physician
26 affected under this paragraph shall at reasonable intervals be
27 afforded an opportunity to demonstrate that she or he can
28 resume the competent practice of naturopathic medicine with
29 reasonable skill and safety to patients. In any proceeding
30 under this paragraph, neither the record of proceedings nor
31 the orders entered by the department may be used against a
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1 doctor of naturopathic medicine or naturopathic physician in
2 any other proceeding.
3 (t) Gross or repeated malpractice or the failure to
4 practice naturopathic medicine with that level of care, skill,
5 and treatment which is recognized by a reasonably prudent
6 similar physician as being acceptable under similar conditions
7 and circumstances. The board department shall give great
8 weight to the provisions of s. 766.102 when enforcing this
9 paragraph.
10 (u) Performing any procedure or prescribing any
11 therapy which, by the prevailing standards of medical practice
12 in the community, constitutes experimentation on a human
13 subject, without first obtaining full, informed, and written
14 consent.
15 (v) Practicing or offering to practice beyond the
16 scope permitted by law or accepting and performing
17 professional responsibilities which the licensee knows or has
18 reason to know that she or he is not competent to perform.
19 (w) Delegating professional responsibilities to a
20 person when the licensee delegating such responsibilities
21 knows or has reason to know that such person is not qualified
22 by training, experience, or licensure to perform them.
23 (x) Violating a lawful order of the department or the
24 board previously entered in a disciplinary hearing or failing
25 to comply with a lawfully issued subpoena of the department.
26 (y) Conspiring with another licensee or with any other
27 person to commit an act, or committing an act, which would
28 tend to coerce, intimidate, or preclude another licensee from
29 lawfully advertising her or his services.
30 (z) Procuring, or aiding or abetting in the procuring
31 of, an unlawful termination of pregnancy.
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1 (aa) Presigning blank prescription forms.
2 (bb) Prescribing by the doctor of naturopathic
3 medicine or naturopathic physician for office use any
4 medicinal drug appearing on Schedule II in chapter 893.
5 (cc) Prescribing, ordering, dispensing, administering,
6 supplying, selling, or giving any drug which is an amphetamine
7 or sympathomimetic amine drug, or a compound designated
8 pursuant to chapter 893 as a Schedule II controlled substance
9 to or for any person except for:
10 1. The treatment of narcolepsy; hyperkinesis;
11 behavioral syndrome in children characterized by the
12 developmentally inappropriate symptoms of moderate to severe
13 distractability, short attention span, hyperactivity,
14 emotional lability, and impulsivity; or drug-induced brain
15 dysfunction.
16 2. The differential diagnostic psychiatric evaluation
17 of depression or the treatment of depression shown to be
18 refractory to other therapeutic modalities.
19 3. The clinical investigation of the effects of such
20 drugs or compounds when an investigative protocol therefor is
21 submitted to, reviewed, and approved by the board department
22 before such investigation is begun.
23 (dd) Prescribing, ordering, dispensing, administering,
24 supplying, selling, or giving growth hormones, testosterone or
25 its analogs, human chorionic gonadotropin (HCG), or other
26 hormones for the purpose of muscle building or to enhance
27 athletic performance. For the purposes of this subsection, the
28 term "muscle building" does not include the treatment of
29 injured muscle. A prescription written for the drug products
30 listed above may be dispensed by the pharmacist with the
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1 presumption that the prescription is for legitimate medical
2 use.
3 (ee) Violating any provision of this chapter or
4 chapter 456, or any rules adopted pursuant thereto.
5 (2) The board department may enter an order denying
6 licensure or imposing any of the penalties in s. 456.072(2)
7 against any applicant for licensure or licensee who is found
8 guilty of violating any provision of subsection (1) of this
9 section or who is found guilty of violating any provision of
10 s. 456.072(1).
11 (3) The board department shall not reinstate the
12 license of a doctor of naturopathic medicine or naturopathic
13 physician until such time as the board department is satisfied
14 that such person has complied with all the terms and
15 conditions set forth in the final order and that such person
16 is capable of safely engaging in the practice of naturopathic
17 medicine.
18 (4) The board department shall by rule establish
19 guidelines for the disposition of disciplinary cases involving
20 specific types of violations. Such guidelines may include
21 minimum and maximum fines, periods of supervision or
22 probation, or conditions of probation or reissuance of a
23 license.
24 Section 9. Section 462.16, Florida Statutes, is
25 amended to read:
26 462.16 Reissue of license.--Any person who practices
27 naturopathic medicine shall practice naturopathy after her or
28 his license has been revoked and registration annulled shall
29 be deemed to have practiced naturopathic medicine naturopathy
30 without a license; provided, however, at any time after 6
31 months after the date of said conviction, the department may
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1 grant a license to the person affected, restoring to her or
2 him all the rights and privileges of and pertaining to the
3 practice of naturopathic medicine naturopathy as defined and
4 regulated by this chapter. The fee therefor shall be set by
5 the board not to exceed $250.
6 Section 10. Section 462.17, Florida Statutes, is
7 amended to read:
8 462.17 Penalty for offenses relating to naturopathic
9 medicine naturopathy.--Any person who shall:
10 (1) Sell, fraudulently obtain, or furnish any
11 naturopathic diploma, license, record, or registration or aid
12 or abet in the same;
13 (2) Practice naturopathic medicine naturopathy under
14 the cover of any diploma, license, record, or registration
15 illegally or fraudulently obtained or secured or issued
16 unlawfully or upon fraudulent representations;
17 (3) Advertise to practice naturopathic medicine
18 naturopathy under a name other than her or his own or under an
19 assumed name;
20 (4) Falsely impersonate another practitioner of a like
21 or different name;
22 (5) Practice or advertise to practice naturopathic
23 medicine naturopathy or use in connection with her or his name
24 any designation tending to imply or to designate the person as
25 a practitioner of naturopathic medicine naturopathy without
26 then being lawfully licensed and authorized to practice
27 naturopathic medicine naturopathy in this state; or
28 (6) Practice naturopathic medicine naturopathy during
29 the time her or his license is suspended or revoked
30
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1 commits shall be guilty of a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084.
4 Section 11. Section 462.18, Florida Statutes, is
5 amended to read:
6 462.18 Educational requirements.--
7 (1) At the time each licensee shall renew her or his
8 license as otherwise provided in this chapter, each licensee,
9 beginning with the license renewal due May 1, 1944, in
10 addition to the payment of the regular renewal fee, shall
11 furnish to the board department satisfactory evidence that, in
12 the year preceding each such application for renewal, the
13 licensee has attended the 2-day educational program as
14 promulgated and conducted by the Florida Naturopathic
15 Physicians Association, Inc., or, as a substitute therefor,
16 the equivalent of that program as approved by the board
17 department. The department shall send a written notice to this
18 effect to every person holding a valid license to practice
19 naturopathic medicine naturopathy within this state at least
20 30 days prior to May 1 in each biennial year, directed to the
21 last known address of such licensee, and shall enclose with
22 the notice proper blank forms for application for annual
23 license renewal. All of the details and requirements of the
24 aforesaid educational program shall be adopted and prescribed
25 by the board department. In the event of national emergencies,
26 or for sufficient reason, the board may department shall have
27 the power to excuse the naturopathic physicians as a group or
28 as individuals from taking this postgraduate course.
29 (2) The determination of whether a substitute annual
30 educational program is necessary shall be solely within the
31 discretion of the board department.
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1 Section 12. Subsection (3) of section 462.19, Florida
2 Statutes, is amended to read:
3 462.19 Renewal of license; inactive status.--
4 (3) A licensee may request that her or his license be
5 placed in an inactive status by making application to the
6 department and paying a fee in an amount set by the department
7 not to exceed $100 $50.
8 Section 13. Section 462.193, Florida Statutes, is
9 created to read:
10 462.193 Licensure by examination; requirements;
11 fees.--
12 (1) Any person desiring to be licensed as a
13 naturopathic physician shall apply to the department on forms
14 furnished by the department. The department shall license each
15 applicant who the board certifies:
16 (a) Has completed the application form and remitted a
17 nonrefundable application fee set by the board not to exceed
18 $500.
19 (b) Is at least 21 years of age.
20 (c) Is of good moral character.
21 (d) Has not committed any act or offense in this or
22 any other jurisdiction which would constitute the basis for
23 disciplining a naturopathic physician pursuant to s. 462.14.
24 (e) Meets one of the following naturopathic medical
25 education and postgraduate training requirements:
26 1. Is a graduate of an approved school of naturopathic
27 medicine which is licensed by the Florida Commission for
28 Independent Education to grant the degree of Doctor of
29 Naturopathic Medicine;
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1 2. Is a graduate of a naturopathic medical school or a
2 naturopathic college recognized and approved by the Council on
3 Naturopathic Medical Education (CNME);
4 3. Is a graduate of a naturopathic medical school that
5 was at the time licensed by a state board of education and
6 approved by that state's naturopathic licensure board, which
7 has requirements comparable to those of this state; or
8 4. Is a graduate of an international medical school
9 listed by the World Health Organization (WHO) and deemed
10 eligible by the Educational Commission for Foreign Medical
11 Graduates (ECFMG) to be examined in the basic and clinical
12 medical sciences, or a graduate of an accredited United States
13 allopathic or osteopathic medical school, and has completed a
14 2-year course in naturopathic medicine from a naturopathic
15 medical school or a naturopathic college recognized and
16 approved by the Council on Naturopathic Medical
17 Education(CNME).
18 (f) Has submitted to the department a set of
19 fingerprints on a form and in accordance with procedures
20 specified by the department, along with payment in an amount
21 equal to the costs incurred by the department for the criminal
22 background check of the applicant.
23 (g) Has obtained on the examinations in basic medical
24 and clinical medical sciences a passing score, as established
25 by rule of the board, from one of the following:
26 1. Naturopathic Physicians Licensing Examination
27 (NPLEX), administered by the North American Board of
28 Naturopathic Examiners (NABNE), with a converted score of not
29 less than 75 on all part one examinations and a converted
30 score of not less than 75 on all part two examinations, or
31 passage under the compensatory model;
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1 2. Federation Licensing Examination (FLEX), medical
2 examination parts one and two, with a minimum score of 70 on
3 part one (basic medical sciences) and a minimum score of 75 on
4 part two (clinical medical sciences);
5 3. United States Medical Licensing Examination
6 (USMLE), medical examination parts one and two, with a minimum
7 score of 70 on part one (basic medical sciences) and a minimum
8 score of 75 on part two (clinical medical sciences);
9 4. State or national board examination for licensure
10 in another state which is comparable to the examination for
11 licensure in this state;
12 5. A Department of Health special purpose examination
13 (SPEX) for applicants who are in unusual circumstances; or
14 6. Comprehensive Osteopathic Medical Licensing
15 Examination (COMLEX), with a minimum score of 70 on part one
16 (basic medical sciences) and a minimum score of 75 on part two
17 (clinical medical sciences).
18 (h) Has completed an approved internship or residency
19 of at least 1 year.
20 (i) Is physically and mentally fit to practice as a
21 doctor of naturopathic medicine.
22 (j) Has not had her or his license to practice any
23 profession refused, revoked, or suspended by any other state,
24 district, or territory of the United States or another country
25 for reasons that relate to her or his ability to skillfully
26 and safely practice as a doctor of naturopathic medicine or
27 naturopathic physician in this state.
28 (k) Has not been found guilty of a felony.
29 (2) As prescribed by board rule, the board may require
30 an applicant who does not pass the licensing examination after
31 five attempts to complete additional remedial education or
18
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1 training. The board shall prescribe the additional
2 requirements in a manner that permits the applicant to
3 complete the requirements and be reexamined within 2 years
4 after the date the applicant petitions the board to retake the
5 examination a sixth or subsequent time.
6 (3) The department and the board shall ensure that
7 applicants for licensure meet the criteria in subsection (1)
8 through an investigative process. When the investigation is
9 not completed within the time set out in s. 120.60(1) and the
10 department or board has reason to believe that the applicant
11 does not meet the criteria, the secretary or the secretary's
12 designee may issue a 90-day licensure delay, which must be in
13 writing and sufficient to notify the applicant of the reason
14 for the delay. This subsection controls over any conflicting
15 provisions of s. 120.60(1).
16 (4) The board may not certify to the department for
17 licensure any applicant who is under investigation in another
18 jurisdiction for an offense that would constitute a violation
19 of this chapter until the investigation has been completed.
20 Upon completion of the investigation, s. 462.14 applies.
21 Furthermore, the department may not issue an unrestricted
22 license to any individual who has committed an act or offense
23 in any jurisdiction which would constitute the basis for
24 disciplining a naturopathic physician under s. 462.14. If the
25 board finds that an individual has committed an act or offense
26 in any jurisdiction which would constitute the basis for
27 disciplining a naturopathic physician under s. 462.14, the
28 board may enter an order imposing one or more of the sanctions
29 set forth in subsection (7).
30
31
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1 (5) Each applicant who meets the requirements of this
2 chapter shall be licensed as a doctor of naturopathic medicine
3 or naturopathic physician, with rights as defined by law.
4 (6) Upon certification by the board, the department
5 shall impose conditions, limitations, or restrictions on a
6 license if the applicant is on probation in another
7 jurisdiction for an act that would constitute a violation of
8 this chapter.
9 (7) If the board determines that an applicant for
10 licensure has failed to meet, to the board's satisfaction, any
11 of the applicable requirements set forth in this section, it
12 may enter an order that imposes one or more of the following
13 sanctions:
14 (a) Refusal to certify to the department an
15 application for licensure.
16 (b) Certification to the department of an application
17 for licensure with restrictions on the scope of practice of
18 the doctor of naturopathic medicine or naturopathic physician.
19 (c) Certification to the department of an application
20 for licensure with placement of the doctor of naturopathic
21 medicine or naturopathic physician on probation for a period
22 of time and subject to such conditions as the board specifies,
23 including, but not limited to, requiring the doctor of
24 naturopathic medicine or naturopathic physician to submit to
25 treatment, attend continuing education courses, submit to
26 reexamination, or work under the supervision of another doctor
27 of naturopathic medicine or naturopathic physician.
28 (8) A physician who holds the doctor of medicine or
29 doctor of osteopathy degree, who has completed a 1-year
30 internship approved by the American Medical Association or the
31 American Osteopathic Association, and who is licensed under
20
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1 this section as a doctor of naturopathic medicine or
2 naturopathic physician has rights and privileges equal to
3 those of physicians licensed under chapter 458 or chapter 459.
4 Section 14. Section 462.195, Florida Statutes, is
5 created to read:
6 462.195 Exemptions from naturopathic licensure
7 requirements.--Licensure requirements for practitioners of
8 naturopathic medicine under this chapter are inapplicable to:
9 (1) Any individual who is engaged in selling vitamins,
10 health foods, dietary supplements, herbs, or other products of
11 nature, the sale of which is not otherwise prohibited under
12 state or federal law. This exemption does not:
13 (a) Allow a person to diagnose any human disease,
14 ailment, injury, infirmity, deformity, pain, or other
15 condition; or
16 (b) Prohibit providing information regarding any of
17 the products listed in this subsection, which information is
18 truthful and is not misleading.
19 (2) Any individual who is:
20 (a) Engaged in good faith in the practice of the
21 religious tenets of any church or religious belief, without
22 the use of prescription drugs; or
23 (b) Acting in good faith for religious reasons as a
24 matter of conscience or on the basis of a personal belief when
25 obtaining or providing information regarding health care and
26 the use of any product.
27 (3) Any individual who is administering a domestic or
28 family remedy.
29 Section 15. Section 462.2001, Florida Statutes, is
30 amended to read:
31
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1 462.2001 Saving clause.--All licenses to practice
2 naturopathic medicine naturopathy issued pursuant to this
3 chapter and valid on July 1, 2004 October 1, 1985, shall
4 remain in full force and effect.
5 Section 16. Licensed doctors of naturopathic medicine
6 or naturopathic physicians (N.M.D.'s, N.D.'s, or N.P.'s) on
7 the effective date of this act shall retain the same rights
8 and privileges as they had before implementation of the
9 amendments to chapter 462, Florida Statutes, by this act.
10 Section 17. Paragraph (g) of subsection (3) of section
11 20.43, Florida Statutes, is amended to read:
12 20.43 Department of Health.--There is created a
13 Department of Health.
14 (3) The following divisions of the Department of
15 Health are established:
16 (g) Division of Medical Quality Assurance, which is
17 responsible for the following boards and professions
18 established within the division:
19 1. The Board of Acupuncture, created under chapter
20 457.
21 2. The Board of Medicine, created under chapter 458.
22 3. The Board of Osteopathic Medicine, created under
23 chapter 459.
24 4. The Board of Chiropractic Medicine, created under
25 chapter 460.
26 5. The Board of Podiatric Medicine, created under
27 chapter 461.
28 6. The Board of Naturopathic Medicine Naturopathy,
29 created as provided under chapter 462.
30 7. The Board of Optometry, created under chapter 463.
31
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1 8. The Board of Nursing, created under part I of
2 chapter 464.
3 9. Nursing assistants, as provided under part II of
4 chapter 464.
5 10. The Board of Pharmacy, created under chapter 465.
6 11. The Board of Dentistry, created under chapter 466.
7 12. Midwifery, as provided under chapter 467.
8 13. The Board of Speech-Language Pathology and
9 Audiology, created under part I of chapter 468.
10 14. The Board of Nursing Home Administrators, created
11 under part II of chapter 468.
12 15. The Board of Occupational Therapy, created under
13 part III of chapter 468.
14 16. Respiratory therapy, as provided under part V of
15 chapter 468.
16 17. Dietetics and nutrition practice, as provided
17 under part X of chapter 468.
18 18. The Board of Athletic Training, created under part
19 XIII of chapter 468.
20 19. The Board of Orthotists and Prosthetists, created
21 under part XIV of chapter 468.
22 20. Electrolysis, as provided under chapter 478.
23 21. The Board of Massage Therapy, created under
24 chapter 480.
25 22. The Board of Clinical Laboratory Personnel,
26 created under part III of chapter 483.
27 23. Medical physicists, as provided under part IV of
28 chapter 483.
29 24. The Board of Opticianry, created under part I of
30 chapter 484.
31
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1 25. The Board of Hearing Aid Specialists, created
2 under part II of chapter 484.
3 26. The Board of Physical Therapy Practice, created
4 under chapter 486.
5 27. The Board of Psychology, created under chapter
6 490.
7 28. School psychologists, as provided under chapter
8 490.
9 29. The Board of Clinical Social Work, Marriage and
10 Family Therapy, and Mental Health Counseling, created under
11 chapter 491.
12 Section 18. Subsection (1) of section 381.0031,
13 Florida Statutes, is amended to read:
14 381.0031 Report of diseases of public health
15 significance to department.--
16 (1) Any practitioner licensed in this state to
17 practice medicine, osteopathic medicine, chiropractic
18 medicine, naturopathic medicine naturopathy, or veterinary
19 medicine; any hospital licensed under part I of chapter 395;
20 or any laboratory licensed under chapter 483 that diagnoses or
21 suspects the existence of a disease of public health
22 significance shall immediately report the fact to the
23 Department of Health.
24
25 This section does not affect s. 384.25.
26 Section 19. Subsection (10) of section 468.301,
27 Florida Statutes, is amended to read:
28 468.301 Definitions.--As used in this part, the term:
29 (10) "Licensed practitioner" means a person who is
30 licensed or otherwise authorized by law to practice medicine,
31 podiatric medicine, chiropody, osteopathic medicine,
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1 naturopathic medicine naturopathy, or chiropractic medicine in
2 this state.
3 Section 20. Subsection (1) of section 476.044, Florida
4 Statutes, is amended to read:
5 476.044 Exemptions.--This chapter does not apply to
6 the following persons when practicing pursuant to their
7 professional responsibilities and duties:
8 (1) Persons authorized under the laws of this state to
9 practice medicine, surgery, osteopathic medicine, chiropractic
10 medicine, naturopathic medicine naturopathy, or podiatric
11 medicine;
12 Section 21. Paragraph (a) of subsection (1) of section
13 477.0135, Florida Statutes, is amended to read:
14 477.0135 Exemptions.--
15 (1) This chapter does not apply to the following
16 persons when practicing pursuant to their professional or
17 occupational responsibilities and duties:
18 (a) Persons authorized under the laws of this state to
19 practice medicine, surgery, osteopathic medicine, chiropractic
20 medicine, massage, naturopathic medicine naturopathy, or
21 podiatric medicine.
22 Section 22. Subsections (2) and (3) of section
23 485.003, Florida Statutes, are amended to read:
24 485.003 Definitions.--In construing this chapter, the
25 words, phrases, or terms, unless the context otherwise
26 indicates, shall have the following meanings:
27 (2) "Healing arts" shall mean the practice of
28 medicine, surgery, psychiatry, dentistry, osteopathic
29 medicine, chiropractic medicine, naturopathic medicine
30 naturopathy, podiatric medicine, chiropody, psychology,
31
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1 clinical social work, marriage and family therapy, mental
2 health counseling, and optometry.
3 (3) "Practitioner of the healing arts" shall mean a
4 person licensed under the laws of the state to practice
5 medicine, surgery, psychiatry, dentistry, osteopathic
6 medicine, chiropractic medicine, naturopathic medicine
7 naturopathy, podiatric medicine, chiropody, psychology,
8 clinical social work, marriage and family therapy, mental
9 health counseling, or optometry within the scope of his or her
10 professional training and competence and within the purview of
11 the statutes applicable to his or her respective profession,
12 and who may refer a patient for treatment by a qualified
13 person, who shall employ hypnotic techniques under the
14 supervision, direction, prescription, and responsibility of
15 such referring practitioner.
16 Section 23. Subsection (1) of section 486.161, Florida
17 Statutes, is amended to read:
18 486.161 Exemptions.--
19 (1) No provision of this chapter shall be construed to
20 prohibit any person licensed in this state from using any
21 physical agent as a part of, or incidental to, the lawful
22 practice of her or his profession under the statutes
23 applicable to the profession of chiropractic physician,
24 podiatric physician, doctor of medicine, massage therapist,
25 nurse, osteopathic physician or surgeon, occupational
26 therapist, or naturopathic physician naturopath.
27 Section 24. Paragraph (h) of subsection (4) of section
28 627.351, Florida Statutes, is amended to read:
29 627.351 Insurance risk apportionment plans.--
30 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.--
31 (h) As used in this subsection:
26
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1 1. "Health care provider" means hospitals licensed
2 under chapter 395; physicians licensed under chapter 458;
3 osteopathic physicians licensed under chapter 459; podiatric
4 physicians licensed under chapter 461; dentists licensed under
5 chapter 466; chiropractic physicians licensed under chapter
6 460; naturopathic physicians naturopaths licensed under
7 chapter 462; nurses licensed under part I of chapter 464;
8 midwives licensed under chapter 467; clinical laboratories
9 registered under chapter 483; physician assistants licensed
10 under chapter 458 or chapter 459; physical therapists and
11 physical therapist assistants licensed under chapter 486;
12 health maintenance organizations certificated under part I of
13 chapter 641; ambulatory surgical centers licensed under
14 chapter 395; other medical facilities as defined in
15 subparagraph 2.; blood banks, plasma centers, industrial
16 clinics, and renal dialysis facilities; or professional
17 associations, partnerships, corporations, joint ventures, or
18 other associations for professional activity by health care
19 providers.
20 2. "Other medical facility" means a facility the
21 primary purpose of which is to provide human medical
22 diagnostic services or a facility providing nonsurgical human
23 medical treatment, to which facility the patient is admitted
24 and from which facility the patient is discharged within the
25 same working day, and which facility is not part of a
26 hospital. However, a facility existing for the primary purpose
27 of performing terminations of pregnancy or an office
28 maintained by a physician or dentist for the practice of
29 medicine shall not be construed to be an "other medical
30 facility."
31
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1 3. "Health care facility" means any hospital licensed
2 under chapter 395, health maintenance organization
3 certificated under part I of chapter 641, ambulatory surgical
4 center licensed under chapter 395, or other medical facility
5 as defined in subparagraph 2.
6 Section 25. Subsection (19) of section 893.02, Florida
7 Statutes, is amended to read:
8 893.02 Definitions.--The following words and phrases
9 as used in this chapter shall have the following meanings,
10 unless the context otherwise requires:
11 (19) "Practitioner" means a physician licensed
12 pursuant to chapter 458, a dentist licensed pursuant to
13 chapter 466, a veterinarian licensed pursuant to chapter 474,
14 an osteopathic physician licensed pursuant to chapter 459, a
15 naturopathic physician naturopath licensed pursuant to chapter
16 462, or a podiatric physician licensed pursuant to chapter
17 461, provided such practitioner holds a valid federal
18 controlled substance registry number.
19 Section 26. Paragraph (g) of subsection (3) of section
20 921.0022, Florida Statutes, is amended to read:
21 921.0022 Criminal Punishment Code; offense severity
22 ranking chart.--
23 (3) OFFENSE SEVERITY RANKING CHART
24
25 Florida Felony
26 Statute Degree Description
27
28
29 (g) LEVEL 7
30 316.027(1)(b) 2nd Accident involving death, failure
31 to stop; leaving scene.
28
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1 316.193(3)(c)2. 3rd DUI resulting in serious bodily
2 injury.
3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
4 bodily injury.
5 402.319(2) 2nd Misrepresentation and negligence
6 or intentional act resulting in
7 great bodily harm, permanent
8 disfiguration, permanent
9 disability, or death.
10 409.920(2) 3rd Medicaid provider fraud.
11 456.065(2) 3rd Practicing a health care
12 profession without a license.
13 456.065(2) 2nd Practicing a health care
14 profession without a license
15 which results in serious bodily
16 injury.
17 458.327(1) 3rd Practicing medicine without a
18 license.
19 459.013(1) 3rd Practicing osteopathic medicine
20 without a license.
21 460.411(1) 3rd Practicing chiropractic medicine
22 without a license.
23 461.012(1) 3rd Practicing podiatric medicine
24 without a license.
25 462.17 3rd Practicing naturopathic medicine
26 naturopathy without a license.
27 463.015(1) 3rd Practicing optometry without a
28 license.
29 464.016(1) 3rd Practicing nursing without a
30 license.
31
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1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.013(1)(c) 3rd Preparing or dispensing optical
14 devices without a prescription.
15 484.053 3rd Dispensing hearing aids without a
16 license.
17 494.0018(2) 1st Conviction of any violation of
18 ss. 494.001-494.0077 in which the
19 total money and property
20 unlawfully obtained exceeded
21 $50,000 and there were five or
22 more victims.
23 560.123(8)(b)1. 3rd Failure to report currency or
24 payment instruments exceeding
25 $300 but less than $20,000 by
26 money transmitter.
27 560.125(5)(a) 3rd Money transmitter business by
28 unauthorized person, currency or
29 payment instruments exceeding
30 $300 but less than $20,000.
31
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.07(2)(d) 1st Aggravated battery on law
31 enforcement officer.
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1 784.074(1)(a) 1st Aggravated battery on sexually
2 violent predators facility staff.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 790.165(2) 2nd Manufacture, sell, possess, or
18 deliver hoax bomb.
19 790.165(3) 2nd Possessing, displaying, or
20 threatening to use any hoax bomb
21 while committing or attempting to
22 commit a felony.
23 790.166(3) 2nd Possessing, selling, using, or
24 attempting to use a hoax weapon
25 of mass destruction.
26 790.166(4) 2nd Possessing, displaying, or
27 threatening to use a hoax weapon
28 of mass destruction while
29 committing or attempting to
30 commit a felony.
31
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1 796.03 2nd Procuring any person under 16
2 years for prostitution.
3 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
4 victim less than 12 years of age;
5 offender less than 18 years.
6 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 18 years or older.
10 806.01(2) 2nd Maliciously damage structure by
11 fire or explosive.
12 810.02(3)(a) 2nd Burglary of occupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(d) 2nd Burglary of occupied conveyance;
17 unarmed; no assault or battery.
18 812.014(2)(a) 1st Property stolen, valued at
19 $100,000 or more; cargo stolen
20 valued at $50,000 or more;
21 property stolen while causing
22 other property damage; 1st degree
23 grand theft.
24 812.014(2)(b)3. 2nd Property stolen, emergency
25 medical equipment; 2nd degree
26 grand theft.
27 812.0145(2)(a) 1st Theft from person 65 years of age
28 or older; $50,000 or more.
29
30
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 817.234(8)(a) 2nd Solicitation of motor vehicle
9 accident victims with intent to
10 defraud.
11 817.234(9) 2nd Organizing, planning, or
12 participating in an intentional
13 motor vehicle collision.
14 817.234(11)(c) 1st Insurance fraud; property value
15 $100,000 or more.
16 817.2341(2)(b)&
17 (3)(b) 1st Making false entries of material
18 fact or false statements
19 regarding property values
20 relating to the solvency of an
21 insuring entity which are a
22 significant cause of the
23 insolvency of that entity.
24 825.102(3)(b) 2nd Neglecting an elderly person or
25 disabled adult causing great
26 bodily harm, disability, or
27 disfigurement.
28 825.103(2)(b) 2nd Exploiting an elderly person or
29 disabled adult and property is
30 valued at $20,000 or more, but
31 less than $100,000.
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1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 838.015 2nd Bribery.
11 838.016 2nd Unlawful compensation or reward
12 for official behavior.
13 838.021(3)(a) 2nd Unlawful harm to a public
14 servant.
15 838.22 2nd Bid tampering.
16 872.06 2nd Abuse of a dead human body.
17 893.13(1)(c)1. 1st Sell, manufacture, or deliver
18 cocaine (or other drug prohibited
19 under s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4.) within 1,000 feet of a
22 child care facility, school, or
23 state, county, or municipal park
24 or publicly owned recreational
25 facility or community center.
26
27
28
29
30
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
30
31
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(k)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 Section 27. This act shall take effect July 1, 2004.
30
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