Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2678
                        Barcode 313544
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Health Care (Fasano) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Dr. R. Wilson
19  Geldner Naturopathic Medicine Act of 2006."
20         Section 2.  Chapter 462, Florida Statutes, which is
21  entitled "Naturopathy," is redesignated as "Naturopathic
22  Medicine."
23         Section 3.  Section 462.01, Florida Statutes, is
24  amended to read:
25         462.01  Definitions.--As used in this chapter, the
26  term:
27         (1)  "Board" means the Board of Naturopathic Medicine.
28         (2)  "Department" means the Department of Health.
29         (3)  "Minor office procedures" means the methods for
30  the repair and care incidental to superficial lacerations and
31  abrasions, superficial lesions, and removal of foreign bodies
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 located in the superficial tissues. 2 (4) "Naturopath," "doctor of naturopathic medicine 3 (N.M.D.)," "naturopathic doctor (N.D.)," "Naturopathic medical 4 doctor (N.M.D.)," or "naturopathic physician," hereinafter 5 collectively referred to as "naturopathic physician," means a 6 person licensed to practice naturopathic medicine under this 7 chapter. 8 (5)(1) "Natureopathy, " and "naturopathy," and 9 "naturopathic medicine" shall be construed as synonymous terms 10 and mean a system of primary health care for the prevention, 11 diagnosis, and treatment of human health conditions, injuries, 12 and disease; the promotion or restoration of health; and the 13 support and stimulation of a patient's self-healing processes 14 through patient education and use of naturopathic therapies 15 and therapeutic substances. A naturopathic physician may 16 perform minor office procedures and may order and perform 17 physical and laboratory examinations consistent with 18 naturopathic education and training for diagnostic purposes, 19 including, but not limited to, phlebotomy, clinical laboratory 20 tests, orificial examinations, and physiological function 21 tests. A naturopathic physician may order diagnostic imaging 22 studies consistent with naturopathic training. A naturopathic 23 physician may dispense, administer, order, and prescribe food, 24 extracts of foods, nutraceuticals, vitamins, amino acids, 25 minerals, enzymes, botanicals and their extracts, botanical 26 medicines, homeopathic medicines, all dietary supplements, and 27 nonprescription drugs as defined by the Federal Food, Drug, 28 and Cosmetic Act. This chapter does not authorize a 29 naturopathic physician to: 30 (a) Prescribe, dispense, or administer any controlled 31 substance or device identified in the Federal Controlled 2 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 Substance Act, 21 U.S.C. ss. 801-971 (1988), as amended, 2 except as authorized by this chapter; 3 (b) Perform surgical procedures except those minor 4 office procedures authorized by this chapter; or 5 (c) Practice or claim to practice as a medical doctor, 6 osteopath, dentist (the examination, diagnosis, and treatment 7 of teeth and gums), podiatrist, optometrist, psychologist, 8 advanced practice professional nurse, physician assistant, 9 chiropractor, physical therapist, acupuncturist, midwife, or 10 any other health care professional not authorized in this 11 chapter unless licensed by the board governing that health 12 care profession. 13 14 It is recognized that many of the therapies used by 15 naturopathic physicians, including, but not limited to, 16 homeopathic remedies, nutritional and dietary supplements, 17 herbs, and such physical forces as heat, cold, water, touch, 18 and light, are not the exclusive privilege of naturopathic 19 physicians. Consistent with the requirements of s. 11.62, the 20 Sunrise Act, it is not the intent of this act to prohibit or 21 restrict to naturopathic physicians the use of the modalities 22 identified in this chapter. the use and practice of 23 psychological, mechanical, and material health sciences to aid 24 in purifying, cleansing, and normalizing human tissues for the 25 preservation or restoration of health, according to the 26 fundamental principles of anatomy, physiology, and applied 27 psychology, as may be required. Naturopathic practice employs, 28 among other agencies, phytotherapy, dietetics, psychotherapy, 29 suggestotherapy, hydrotherapy, zone therapy, biochemistry, 30 external applications, electrotherapy, mechanotherapy, 31 mechanical and electrical appliances, hygiene, first aid, 3 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 sanitation, and heliotherapy; provided, however, nothing in 2 this chapter shall be held or construed to authorize any 3 naturopathic physician licensed hereunder to practice materia 4 medica or surgery or chiropractic medicine, nor shall the 5 provisions of this law in any manner apply to or affect the 6 practice of osteopathic medicine, chiropractic medicine, 7 Christian Science, or any other treatment authorized and 8 provided for by law for the cure or prevention of disease and 9 ailments. 10 (6) "Approved naturopathic medical program" means: 11 (a) A naturopathic medical education program in the 12 United States providing the degree of Doctor of Naturopathy or 13 Doctor of Naturopathic Medicine. Such a program must offer 14 graduate-level, full-time didactic and supervised clinical 15 training and must be accredited, or have achieved candidacy 16 status for accreditation, by the Council on Naturopathic 17 Medical Education (CNME) or an equivalent accrediting body 18 recognized by the United States Department of Education for 19 naturopathic medical programs and has been approved by the 20 board. Additionally, the program must be an institution, or 21 part of an institution, of higher education which is either 22 accredited or is a candidate for accreditation by an 23 institutional accrediting agency recognized by the United 24 States Department of Education; or 25 (b) A degree-granting college or university that, 26 prior to the existence of the CNME, offered a full-time 27 structured curriculum in basic sciences and supervised patient 28 care comprising a doctoral naturopathic medical education. 29 Such a course, as a prerequisite to graduation therefrom, must 30 have been not less than 132 weeks in duration (4 academic 31 years) and must have required completion within a period of 4 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 not less than 35 months. Such a college of naturopathic 2 medicine must have been reputable and in good standing in the 3 judgement of the board; or 4 (c) A diploma-granting, degree-equivalent college or 5 university that, if in Canada and prior to accreditation by 6 the CNME, had provincial approval for participation in 7 government-funded, student-aid programs and that offered a 8 full-time structured curriculum in basic sciences and 9 supervised patient care comprising a doctoral naturopathic 10 medical education. Such a course, as a prerequisite to 11 graduation therefrom, must have been not less than 132 weeks 12 in duration (4 academic years) and must have required 13 completion within a period of not less than 35 months. Such a 14 college of liberal arts and naturopathic medicine must have 15 been reputable and in good standing in the judgment of the 16 board. 17 Section 4. Section 462.0215, Florida Statutes, is 18 created to read: 19 462.0215 Board of Naturopathic Medicine.-- 20 (1) There is created within the department the Board 21 of Naturopathic Medicine, composed of seven members appointed 22 by the Governor and confirmed by the Senate. All members must 23 be residents of the state. 24 (2)(a) Five members of the board must be naturopathic 25 physicians who are: 26 1. In good standing in this state and have been 27 licensed to practice naturopathic medicine for at least 3 28 years; or 29 2. Graduates of CNME-accredited naturopathic medical 30 programs, and each of whom is currently licensed and has been 31 licensed for at least 3 years as a naturopathic physician in 5 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 one or more of the states that require successful passage of 2 the Naturopathic Physicians Licensing Examination (NPLEX) to 3 practice naturopathic medicine. 4 (b) The remaining two members of the board must not be 5 and must never have been licensed health care practitioners. 6 (c) At least one member of the board must be 60 years 7 of age or older. 8 (3) For the purpose of staggering terms, the Governor 9 shall initially appoint to the board three members for terms 10 of 4 years each, two members for terms of 3 years each, and 11 two members for terms of 2 years each. As the terms of board 12 members expire, the Governor shall appoint successors for 13 terms of 4 years, and such members shall serve until their 14 successors are appointed. 15 (4) The board, in conjunction with the department, 16 shall establish a disciplinary training program for members of 17 the board. The program shall provide for initial and periodic 18 training in the grounds for disciplinary action, the actions 19 that may be taken by the board and the department, changes in 20 relevant statutes and rules, and any relevant judicial and 21 administrative decisions. A member of the board may not 22 participate on a probable cause panel or in a disciplinary 23 decision of the board unless she or he has completed the 24 disciplinary training program. 25 (5) During the time members of the board are appointed 26 to a probable cause panel, they shall attempt to complete 27 their work on every case presented to them. If consideration 28 of a case is begun but is not completed during the term of the 29 board members on the panel, they may reconvene as a probable 30 cause panel for the purpose of completing their deliberations 31 on that case. 6 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 (6) All provisions of chapter 456 relating to 2 activities of the board are applicable. 3 Section 5. Section 462.023, Florida Statutes, is 4 amended to read: 5 462.023 Powers and duties of the board and the 6 department.--The board and the department may adopt such rules 7 as are necessary to carry out the purposes of this chapter, 8 may initiate disciplinary action as provided by this chapter, 9 and shall establish fees as provided by this chapter based on 10 their its estimates of the revenue required to administer this 11 chapter provided the fees do but shall not exceed the fee 12 amounts provided in this chapter. The department shall not 13 adopt any rules which would cause any person who was not 14 licensed in accordance with this chapter on July 1, 1959, and 15 had not been a resident of the state for 2 years prior to such 16 date, to become licensed. 17 Section 6. Section 462.08, Florida Statutes, is 18 amended to read: 19 462.08 Renewal of license to practice naturopathic 20 medicine naturopathy.--Each licensee licenseholder shall 21 biennially renew her or his license to practice naturopathic 22 medicine naturopathy. The applicant must furnish to the board 23 department such evidence as it requires of the applicant's 24 compliance with s. 462.18, relating to educational 25 requirements. The biennial renewal fee, the amount of which 26 shall be determined by the board department but which may not 27 exceed $1,000, must be paid at the time the application for 28 renewal of the license is filed. 29 Section 7. Section 462.11, Florida Statutes, is 30 amended to read: 31 462.11 Naturopathic physicians Naturopaths to observe 7 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 regulations.--Naturopathic physicians Doctors of naturopathy 2 shall observe and be subject to all state, county, and 3 municipal regulations in regard to the control of contagious 4 and infectious diseases, the reporting of births and deaths, 5 and to any and all other matters pertaining to the public 6 health in the same manner as is required of other 7 practitioners of the healing arts art. 8 Section 8. Section 462.13, Florida Statutes, is 9 amended to read: 10 462.13 Additional powers and duties of the board and 11 the department.--The board and the department may administer 12 oaths, summon witnesses, and take testimony in all matters 13 relating to their its duties pursuant to this chapter. Every 14 unrevoked license shall be presumptive evidence in all courts 15 and places that the person therein named is legally licensed 16 to practice naturopathic medicine naturopathy. The board and 17 the department shall aid the prosecuting attorneys of the 18 state in the enforcement of this chapter. 19 Section 9. Section 462.14, Florida Statutes, is 20 amended to read: 21 462.14 Grounds for disciplinary action; action by the 22 board and the department.-- 23 (1) The following acts constitute grounds for denial 24 of a license or disciplinary action, as specified in s. 25 456.072(2): 26 (a) Attempting to obtain, obtaining, or renewing a 27 license to practice naturopathic medicine by bribery, by 28 fraudulent misrepresentation, or through an error of the board 29 or the department. 30 (b) Having a license to practice naturopathic medicine 31 revoked, suspended, or otherwise acted against, including the 8 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 denial of licensure, by the licensing authority of another 2 state, territory, or country. 3 (c) Being convicted or found guilty, regardless of 4 adjudication, of a crime in any jurisdiction which directly 5 relates to the practice of naturopathic medicine or to the 6 ability to practice naturopathic medicine. Any plea of nolo 7 contendere shall be considered a conviction for purposes of 8 this chapter. 9 (d) False, deceptive, or misleading advertising. 10 (e) Advertising, practicing, or attempting to practice 11 under a name other than one's own. 12 (f) Failing to report to the department any person who 13 the licensee knows is in violation of this chapter or of the 14 rules of the board or the department. 15 (g) Aiding, assisting, procuring, or advising any 16 unlicensed person to practice naturopathic medicine contrary 17 to this chapter or to a rule of the board or the department. 18 (h) Failing to perform any statutory or legal 19 obligation placed upon a licensed naturopathic physician. 20 (i) Making or filing a report which the licensee knows 21 to be false, intentionally or negligently failing to file a 22 report or record required by state or federal law, willfully 23 impeding or obstructing such filing or inducing another person 24 to do so. Such reports or records shall include only those 25 which are signed in the capacity as a licensed naturopathic 26 physician. 27 (j) Paying or receiving any commission, bonus, 28 kickback, or rebate, or engaging in any split-fee arrangement 29 in any form whatsoever with a physician, organization, agency, 30 or person, either directly or indirectly, for patients 31 referred to providers of health care goods and services, 9 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 including, but not limited to, hospitals, nursing homes, 2 clinical laboratories, ambulatory surgical centers, or 3 pharmacies. The provisions of this paragraph shall not be 4 construed to prevent a naturopathic physician from receiving a 5 fee for professional consultation services. 6 (k) Exercising influence within a patient-physician 7 relationship for purposes of engaging a patient in sexual 8 activity. A patient shall be presumed to be incapable of 9 giving free, full, and informed consent to sexual activity 10 with her or his physician. 11 (l) Making deceptive, untrue, or fraudulent 12 representations in the practice of naturopathic medicine or 13 employing a trick or scheme in the practice of naturopathic 14 medicine when such scheme or trick fails to conform to the 15 generally prevailing standards of treatment in the medical 16 community. 17 (m) Soliciting patients, either personally or through 18 an agent, through the use of fraud, intimidation, undue 19 influence, or a form of overreaching or vexatious conduct. A 20 "solicitation" is any communication which directly or 21 implicitly requests an immediate oral response from the 22 recipient. 23 (n) Failing to keep written medical records justifying 24 the course of treatment of the patient, including, but not 25 limited to, patient histories, examination results, test 26 results, X rays, and records of the prescribing, dispensing, 27 and administering of drugs. 28 (o) Exercising influence on the patient or client in 29 such a manner as to exploit the patient or client for the 30 financial gain of the licensee or of a third party, which 31 shall include, but not be limited to, the promoting or selling 10 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 of services, goods, appliances, or drugs and the promoting or 2 advertising on any prescription form of a community pharmacy 3 unless the form also states "This prescription may be filled 4 at any pharmacy of your choice." 5 (p) Performing professional services which have not 6 been duly authorized by the patient or client, or her or his 7 legal representative, except as provided in s. 743.064, s. 8 766.103, or s. 768.13. 9 (q) Prescribing, dispensing, administering, mixing, or 10 otherwise preparing a legend drug, including any controlled 11 substance, other than in the course of the naturopathic 12 physician's professional practice. For the purposes of this 13 paragraph, it shall be legally presumed that prescribing, 14 dispensing, administering, mixing, or otherwise preparing 15 legend drugs, including all controlled substances, 16 inappropriately or in excessive or inappropriate quantities is 17 not in the best interest of the patient and is not in the 18 course of the naturopathic physician's professional practice, 19 without regard to her or his intent. 20 (r) Prescribing, dispensing, or administering any 21 medicinal drug appearing on any schedule set forth in chapter 22 893 by the naturopathic physician to herself or himself, 23 except one prescribed, dispensed, or administered to the 24 naturopathic physician by another practitioner authorized to 25 prescribe, dispense, or administer medicinal drugs. 26 (s) Being unable to practice naturopathic medicine 27 with reasonable skill and safety to patients by reason of 28 illness or use of alcohol, drugs, narcotics, chemicals, or any 29 other type of material or as a result of any mental or 30 physical condition. In enforcing this paragraph, the 31 department shall have, upon probable cause, authority to 11 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 compel a naturopathic physician to submit to a mental or 2 physical examination by physicians designated by the 3 department. The failure of a naturopathic physician to submit 4 to such an examination when so directed shall constitute an 5 admission of the allegations against her or him upon which a 6 default and final order may be entered without the taking of 7 testimony or presentation of evidence, unless the failure was 8 due to circumstances beyond the naturopathic physician's 9 control. A naturopathic physician affected under this 10 paragraph shall at reasonable intervals be afforded an 11 opportunity to demonstrate that she or he can resume the 12 competent practice of naturopathic medicine with reasonable 13 skill and safety to patients. In any proceeding under this 14 paragraph, neither the record of proceedings nor the orders 15 entered by the department may be used against a naturopathic 16 physician in any other proceeding. 17 (t) Gross or repeated malpractice or the failure to 18 practice naturopathic medicine with that level of care, skill, 19 and treatment which is recognized by a reasonably prudent 20 similar physician as being acceptable under similar conditions 21 and circumstances. The board department shall give great 22 weight to the provisions of s. 766.102 when enforcing this 23 paragraph. 24 (u) Performing any procedure or prescribing any 25 therapy which, by the prevailing standards of medical practice 26 in the community, constitutes experimentation on a human 27 subject, without first obtaining full, informed, and written 28 consent. 29 (v) Practicing or offering to practice beyond the 30 scope permitted by law or accepting and performing 31 professional responsibilities which the licensee knows or has 12 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 reason to know that she or he is not competent to perform. 2 (w) Delegating professional responsibilities to a 3 person when the licensee delegating such responsibilities 4 knows or has reason to know that such person is not qualified 5 by training, experience, or licensure to perform them. 6 (x) Violating a lawful order of the board or the 7 department previously entered in a disciplinary hearing or 8 failing to comply with a lawfully issued subpoena of the 9 department. 10 (y) Conspiring with another licensee or with any other 11 person to commit an act, or committing an act, which would 12 tend to coerce, intimidate, or preclude another licensee from 13 lawfully advertising her or his services. 14 (z) Procuring, or aiding or abetting in the procuring 15 of, an unlawful termination of pregnancy. 16 (aa) Presigning blank prescription forms. 17 (bb) Prescribing by the naturopathic physician for 18 office use any controlled substance medicinal drug appearing 19 on Schedule II in chapter 893. 20 (cc) Prescribing, ordering, dispensing, administering, 21 supplying, selling, or giving any drug which is an amphetamine 22 or sympathomimetic amine drug, or a compound designated 23 pursuant to chapter 893 as a Schedule II controlled substance 24 to or for any person except for: 25 1. The treatment of narcolepsy; hyperkinesis; 26 behavioral syndrome in children characterized by the 27 developmentally inappropriate symptoms of moderate to severe 28 distractability, short attention span, hyperactivity, 29 emotional lability, and impulsivity; or drug-induced brain 30 dysfunction. 31 2. The differential diagnostic psychiatric evaluation 13 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 of depression or the treatment of depression shown to be 2 refractory to other therapeutic modalities. 3 3. The clinical investigation of the effects of such 4 drugs or compounds when an investigative protocol therefor is 5 submitted to, reviewed, and approved by the board department 6 before such investigation is begun. 7 (dd) Prescribing, ordering, dispensing, administering, 8 supplying, selling, or giving growth hormones, testosterone or 9 its analogs, human chorionic gonadotropin (HCG), or other 10 hormones for the purpose of muscle building or to enhance 11 athletic performance. For the purposes of this subsection, the 12 term "muscle building" does not include the treatment of 13 injured muscle. A prescription written for the drug products 14 listed above may be dispensed by the pharmacist with the 15 presumption that the prescription is for legitimate medical 16 use. 17 (ee) Violating any provision of this chapter or 18 chapter 456, or any rules adopted pursuant thereto. 19 (2) The board department may enter an order denying 20 licensure or imposing any of the penalties in s. 456.072(2) 21 against any applicant for licensure or licensee who is found 22 guilty of violating any provision of subsection (1) of this 23 section or who is found guilty of violating any provision of 24 s. 456.072(1). 25 (3) The board department shall not reinstate the 26 license of a naturopathic physician until such time as the 27 board department is satisfied that such person has complied 28 with all the terms and conditions set forth in the final order 29 and that such person is capable of safely engaging in the 30 practice of naturopathic medicine. 31 (4) The board department shall by rule establish 14 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 guidelines for the disposition of disciplinary cases involving 2 specific types of violations. Such guidelines may include 3 minimum and maximum fines, periods of supervision or 4 probation, or conditions of probation or reissuance of a 5 license. 6 Section 10. Section 462.16, Florida Statutes, is 7 amended to read: 8 462.16 Reissue of license.--Any person who practices 9 naturopathic medicine shall practice naturopathy after her or 10 his license has been revoked and registration annulled shall 11 be deemed to have practiced naturopathic medicine naturopathy 12 without a license; provided, however, at any time after 6 13 months after the date of said conviction, the department may 14 grant a license to the person affected, restoring to her or 15 him all the rights and privileges of and pertaining to the 16 practice of naturopathic medicine naturopathy as defined and 17 regulated by this chapter. The fee therefor shall be set by 18 the board not to exceed $250. 19 Section 11. Section 462.17, Florida Statutes, is 20 amended to read: 21 462.17 Penalty for offenses relating to naturopathic 22 medicine naturopathy.--Any person who shall: 23 (1) Sell, fraudulently obtain, or furnish any 24 naturopathic diploma, license, record, or registration or aid 25 or abet in the same; 26 (2) Practice naturopathic medicine naturopathy under 27 the cover of any diploma, license, record, or registration 28 illegally or fraudulently obtained or secured or issued 29 unlawfully or upon fraudulent representations; 30 (3) Advertise to practice naturopathic medicine 31 naturopathy under a name other than her or his own or under an 15 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 assumed name; 2 (4) Falsely impersonate another practitioner of a like 3 or different name; 4 (5) Practice or advertise to practice naturopathic 5 medicine naturopathy or use in connection with her or his name 6 any designation tending to imply or to designate the person as 7 a practitioner of naturopathic medicine naturopathy without 8 then being lawfully licensed and authorized to practice 9 naturopathic medicine naturopathy in this state; or 10 (6) Practice naturopathic medicine naturopathy during 11 the time her or his license is suspended or revoked 12 13 commits shall be guilty of a felony of the third degree, 14 punishable as provided in s. 775.082, s. 775.083, or s. 15 775.084. 16 Section 12. Section 462.18, Florida Statutes, is 17 amended to read: 18 462.18 Educational requirements.-- 19 (1) At the time each licensee renews shall renew her 20 or his license as otherwise provided in this chapter, each 21 licensee, beginning with the license renewal due May 1, 1944, 22 in addition to the payment of the regular renewal fee, shall 23 furnish to the board department satisfactory evidence that, in 24 the year preceding each such application for renewal, the 25 licensee has attended the 2-day educational program as 26 promulgated and conducted by the Florida Naturopathic 27 Physicians Association, Inc., or, as a substitute therefor, 28 the equivalent of that program as approved by the board 29 department. The board shall require each licensee to receive 30 at least 40 hours of continuing education every 2 years, 31 including courses on the prevention of medical errors. The 16 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 licensee shall establish that the continuing education was 2 consistent with the requirements of chapter 456. The 3 department shall send a written notice to this effect to every 4 person holding a valid license to practice naturopathic 5 medicine naturopathy within this state at least 30 days prior 6 to May 1 in each biennial year, directed to the last known 7 address of such licensee, and shall enclose with the notice 8 proper blank forms for application for annual license renewal. 9 All of the details and requirements of the aforesaid 10 educational program shall be adopted and prescribed by the 11 board department. In the event of national emergencies, or for 12 sufficient reason, the board may department shall have the 13 power to excuse the naturopathic physicians as a group or as 14 individuals from taking this postgraduate course. 15 (2) The determination of whether a substitute annual 16 educational program is necessary shall be solely within the 17 discretion of the board department. 18 Section 13. Subsection (3) of section 462.19, Florida 19 Statutes, is amended to read: 20 462.19 Renewal of license; inactive status.-- 21 (3) A licensee may request that her or his license be 22 placed in an inactive status by making application to the 23 department and paying a fee in an amount set by the department 24 not to exceed $100 $50. 25 Section 14. Section 462.193, Florida Statutes, is 26 created to read: 27 462.193 Licensure by examination; requirements; 28 fees.-- 29 (1) Any person desiring to be licensed as a 30 naturopathic physician shall apply to the department on forms 31 furnished by the department. The department shall license each 17 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 applicant who the board certifies: 2 (a) Has completed the application form and remitted a 3 nonrefundable application fee set by the board not to exceed 4 $500. 5 (b) Is at least 21 years of age. 6 (c) Is of good moral character. 7 (d) Has not committed any act or offense in this or 8 any other jurisdiction which would constitute the basis for 9 disciplining a naturopathic physician pursuant to s. 462.14. 10 (e) Has been awarded a bachelor's degree from an 11 institution accredited by an accrediting body recognized by 12 the United States Department of Education and completed a 13 program of study that included, at a minimum and as determined 14 by rule of the board, courses in such fields as anatomy, 15 biology, and chemistry . 16 (f) Meets one of the following naturopathic medical 17 education and postgraduate training requirements: 18 1. Is a graduate of an approved naturopathic medical 19 program as defined herein; 20 2. Is a graduate of an approved school of naturopathic 21 medicine which was licensed by the Florida Commission for 22 Independent Education to grant the degree of Doctor of 23 Naturopathic Medicine prior to July 1, 2004, and who has 24 demonstrated to the board successful passage of their 25 respective basic science and clinical medical examinations and 26 evidence that they are in good standing in their respective 27 professions; or 28 3. Is a graduate of an international medical school 29 recognized by the Educational Commission for Foreign Medical 30 Graduates (ECFMG) to be examined in the basic and clinical 31 medical sciences, or a graduate of an accredited United States 18 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 allopathic, chiropractic, or osteopathic medical school, and 2 has completed at least a 2-year course in naturopathic 3 medicine from a CNME-accredited and board-approved 4 naturopathic medical program. 5 (g) Has submitted to the department a set of 6 fingerprints on a form and in accordance with s. 456.039(4)(c) 7 and with procedures specified by the department, along with 8 payment in an amount equal to the costs incurred by the 9 department for the criminal background check of the applicant. 10 (h) Except for those graduates specified in 11 subparagraph (f)2., has obtained a passing score on a 12 competency-based national naturopathic licensing examination 13 administered by the North American Board of Naturopathic 14 Examiners (NABNE) or equivalent or successor agency that has 15 been nationally recognized to administer a naturopathic 16 examination that represents federal standards of education and 17 training as approved by the board. For graduates of an 18 approved naturopathic medical program as defined in s. 19 462.01(6)(b), eligibility for licensure may be granted upon 20 submission of evidence of successful passage of a 21 board-approved state competency examination and, for graduates 22 of an approved naturopathic medical program as defined in s. 23 462.01(6)(c), eligibility for licensure may be granted upon 24 submission of evidence of successful passage of a Canadian 25 provincial examination. For graduates of international medical 26 schools or allopathic, osteopathic, or chiropractic medical 27 schools who have completed at least a 2-year course in 28 naturopathic medicine from a CNME-appredited and 29 board-approved naturopathic medical program, eligibility for 30 licensure may be granted upon submission of evidence of 31 successful passage of their respective medical examinations, 19 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 part one, in basic medical sciences, and part two, in clinical 2 medical sciences, and successful passage of part two in 3 clinical sciences examinations of the Naturopathic Physicians 4 Licensing Examination administered by the North American Board 5 of Naturopathic Examiners or successor agency that has been 6 nationally recognized to administer a naturopathic examination 7 that represents federal standards of education and training as 8 approved by the board. 9 (i) Has completed an approved internship or residency 10 of at least 1 year. The residency requirement may be waived 11 upon board approval for an applicant who has been actively 12 engaged in the practice of naturopathic medicine as a 13 naturopathic physician for not less than 6,000 hours during 14 the 5 years immediately preceding the date of application for 15 licensure in this state. 16 (j) Is physically and mentally fit to practice as a 17 naturopathic physician. 18 (k) Has not had her or his license to practice any 19 profession refused, revoked, or suspended by any other state, 20 district, or territory of the United States or another country 21 for reasons that relate to her or his ability to skillfully 22 and safely practice as a naturopathic physician in this state. 23 (l) Has not been found guilty of a felony. 24 (2) As prescribed by board rule, the board may require 25 an applicant who does not pass the licensing examination after 26 five attempts to complete additional remedial education or 27 training. The board shall prescribe the additional 28 requirements in a manner that permits the applicant to 29 complete the requirements and be reexamined within 2 years 30 after the date the applicant petitions the board to retake the 31 examination a sixth or subsequent time. The board has the 20 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 authority to limit the number of times that a person may take 2 the examination. 3 (3) The department and the board shall ensure that 4 applicants for licensure meet the criteria in subsection (1) 5 through an investigative process. When the investigation is 6 not completed within the time set out in s. 120.60(1) and the 7 board or the department has reason to believe that the 8 applicant does not meet the criteria, the secretary or the 9 secretary's designee may issue a 90-day licensure delay, which 10 must be in writing and sufficient to notify the applicant of 11 the reason for the delay. This subsection controls over any 12 conflicting provisions of s. 120.60(1). 13 (4) The board may not certify to the department for 14 licensure any applicant who is under investigation in another 15 jurisdiction for an offense that would constitute a violation 16 of this chapter until the investigation has been completed. 17 Upon completion of the investigation, s. 462.14 applies. 18 Furthermore, the department may not issue an unrestricted 19 license to any individual who has committed an act or offense 20 in any jurisdiction which would constitute the basis for 21 disciplining a naturopathic physician under s. 462.14. If the 22 board finds that an individual 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, the 25 board may enter an order imposing one or more of the sanctions 26 set forth in ss. 462.14 and 456.072(2). 27 (5) Each applicant who meets the requirements of this 28 chapter shall be licensed as a naturopathic physician, with 29 rights as defined by law. 30 (6) Upon certification by the board, the department 31 shall impose conditions, limitations, or restrictions on a 21 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 license if the applicant is on probation in another 2 jurisdiction for an act that would constitute a violation of 3 this chapter. 4 (7) If the board determines that an applicant for 5 licensure has failed to meet, to the board's satisfaction, any 6 of the applicable requirements set forth in this section, it 7 may enter an order that imposes one or more of the following 8 sanctions: 9 (a) Refusal to certify to the department an 10 application for licensure. 11 (b) Certification to the department of an application 12 for licensure with restrictions on the scope of practice of 13 the naturopathic physician. 14 (c) Certification to the department of an application 15 for licensure with placement of the naturopathic physician on 16 probation for a period of time and subject to such conditions 17 as the board specifies, including, but not limited to, 18 requiring the naturopathic physician to submit to treatment, 19 attend continuing education courses, submit to reexamination, 20 or work under the supervision of another naturopathic 21 physician. 22 (8) A person may not promote, identify, or describe 23 herself or himself as a naturopath, doctor of naturopathic 24 medicine or naturopathic medical doctor (N.M.D.), naturopathic 25 doctor (N.D.), or naturopathic physician without being 26 licensed pursuant to this chapter. 27 Section 15. Section 462.195, Florida Statutes, is 28 created to read: 29 462.195 Exemptions from naturopathic licensure 30 requirements.--Licensure requirements for practitioners of 31 naturopathic medicine under this chapter are inapplicable to: 22 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 (1) Any individual who is engaged in selling, 2 marketing, distributing, using, or recommending, or furnishing 3 information or counseling about, the use of vitamins, health 4 foods, dietary supplements, herbs, homeopathic remedies, or 5 other products of nature the sale of which is not otherwise 6 prohibited under state or federal law. This exemption does 7 not: 8 (a) Allow a person to diagnose any human disease, 9 ailment, injury, infirmity, deformity, pain, or other 10 condition; or 11 (b) Prohibit providing information regarding any of 12 the products listed in this subsection, which information is 13 truthful and is not misleading. 14 (2) Any individual who is: 15 (a) Engaged in good faith in the practice of the 16 religious tenets of any church or religious belief, without 17 the use of prescription drugs; or 18 (b) Acting in good faith for religious reasons as a 19 matter of conscience or on the basis of a personal belief when 20 obtaining or providing information regarding health care and 21 the use of any product. 22 (3) Any individual who is administering a domestic or 23 family remedy. 24 (4) Any individual licensed in this state who is 25 engaging in the lawful practice of her or his profession under 26 the statutes applicable to the profession of chiropractic 27 physician, podiatric physician, doctor of medicine, massage 28 therapist, nurse, osteopathic physician or surgeon, 29 optometrist, occupational therapist, physical therapist, 30 psychologist, or psychotherapist. 31 Section 16. Section 462.2001, Florida Statutes, is 23 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 amended to read: 2 462.2001 Saving clause.--All licenses to practice 3 naturopathic medicine naturopathy issued pursuant to this 4 chapter and valid on July 1, 2006 October 1, 1985, shall 5 remain in full force and effect. 6 Section 17. Licensed naturopathic physicians who hold 7 a license on January 1, 2007, shall retain the same rights and 8 privileges as they had before implementation of the amendments 9 to chapter 462, Florida Statutes, by this act. 10 Section 18. 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 8. The Board of Nursing, created under part I of 24 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 chapter 464. 2 9. Nursing assistants, as provided under part II of 3 chapter 464. 4 10. The Board of Pharmacy, created under chapter 465. 5 11. The Board of Dentistry, created under chapter 466. 6 12. Midwifery, as provided under chapter 467. 7 13. The Board of Speech-Language Pathology and 8 Audiology, created under part I of chapter 468. 9 14. The Board of Nursing Home Administrators, created 10 under part II of chapter 468. 11 15. The Board of Occupational Therapy, created under 12 part III of chapter 468. 13 16. Respiratory therapy, as provided under part V of 14 chapter 468. 15 17. Dietetics and nutrition practice, as provided 16 under part X of chapter 468. 17 18. The Board of Athletic Training, created under part 18 XIII of chapter 468. 19 19. The Board of Orthotists and Prosthetists, created 20 under part XIV of chapter 468. 21 20. Electrolysis, as provided under chapter 478. 22 21. The Board of Massage Therapy, created under 23 chapter 480. 24 22. The Board of Clinical Laboratory Personnel, 25 created under part III of chapter 483. 26 23. Medical physicists, as provided under part IV of 27 chapter 483. 28 24. The Board of Opticianry, created under part I of 29 chapter 484. 30 25. The Board of Hearing Aid Specialists, created 31 under part II of chapter 484. 25 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 26. The Board of Physical Therapy Practice, created 2 under chapter 486. 3 27. The Board of Psychology, created under chapter 4 490. 5 28. School psychologists, as provided under chapter 6 490. 7 29. The Board of Clinical Social Work, Marriage and 8 Family Therapy, and Mental Health Counseling, created under 9 chapter 491. 10 Section 19. Subsection (1) of section 381.0031, 11 Florida Statutes, is amended to read: 12 381.0031 Report of diseases of public health 13 significance to department.-- 14 (1) Any practitioner licensed in this state to 15 practice medicine, osteopathic medicine, chiropractic 16 medicine, naturopathic medicine naturopathy, or veterinary 17 medicine; any hospital licensed under part I of chapter 395; 18 or any laboratory licensed under chapter 483 that diagnoses or 19 suspects the existence of a disease of public health 20 significance shall immediately report the fact to the 21 Department of Health. 22 23 This section does not affect s. 384.25. 24 Section 20. Subsection (10) of section 468.301, 25 Florida Statutes, is amended to read: 26 468.301 Definitions.--As used in this part, the term: 27 (10) "Licensed practitioner" means a person who is 28 licensed or otherwise authorized by law to practice medicine, 29 podiatric medicine, chiropody, osteopathic medicine, 30 naturopathic medicine naturopathy, or chiropractic medicine in 31 this state. 26 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 Section 21. Section 476.044, Florida Statutes, is 2 amended to read: 3 476.044 Exemptions.--This chapter does not apply to 4 the following persons when practicing pursuant to their 5 professional responsibilities and duties: 6 (1) Persons authorized under the laws of this state to 7 practice medicine, surgery, osteopathic medicine, chiropractic 8 medicine, naturopathic medicine naturopathy, or podiatric 9 medicine; 10 (2) Commissioned medical or surgical officers of the 11 United States Armed Forces hospital service; 12 (3) Licensed nurses under the laws of this state; 13 (4) Persons practicing cosmetology under the laws of 14 this state; 15 (5) Persons employed in federal, state, or local 16 institutions, hospitals, or military bases as barbers whose 17 practice is limited to the inmates, patients, or authorized 18 military personnel of such institutions, hospitals, or bases; 19 (6) Persons who practice only shampooing as defined in 20 s. 477.013 and whose practice is limited to the acts described 21 therein; or 22 (7) Persons whose occupation or practice is confined 23 solely to cutting, trimming, polishing, or cleansing the 24 fingernails of any person when said cutting, trimming, 25 polishing, or cleansing is done in a barbershop licensed 26 pursuant to this chapter which is carrying on a regular and 27 customary business of barbering, and such individual has been 28 practicing the activities set forth in this subsection prior 29 to October 1, 1985. 30 Section 22. Paragraph (a) of subsection (1) of section 31 477.0135, Florida Statutes, is amended to read: 27 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 477.0135 Exemptions.-- 2 (1) This chapter does not apply to the following 3 persons when practicing pursuant to their professional or 4 occupational responsibilities and duties: 5 (a) Persons authorized under the laws of this state to 6 practice medicine, surgery, osteopathic medicine, chiropractic 7 medicine, massage, naturopathic medicine naturopathy, or 8 podiatric medicine. 9 Section 23. Subsections (2) and (3) of section 10 485.003, Florida Statutes, are amended to read: 11 485.003 Definitions.--In construing this chapter, the 12 words, phrases, or terms, unless the context otherwise 13 indicates, shall have the following meanings: 14 (2) "Healing arts" shall mean the practice of 15 medicine, surgery, psychiatry, dentistry, osteopathic 16 medicine, chiropractic medicine, naturopathic medicine 17 naturopathy, podiatric medicine, chiropody, psychology, 18 clinical social work, marriage and family therapy, mental 19 health counseling, and optometry. 20 (3) "Practitioner of the healing arts" shall mean a 21 person licensed under the laws of the state to practice 22 medicine, surgery, psychiatry, dentistry, osteopathic 23 medicine, chiropractic medicine, naturopathic medicine 24 naturopathy, podiatric medicine, chiropody, psychology, 25 clinical social work, marriage and family therapy, mental 26 health counseling, or optometry within the scope of his or her 27 professional training and competence and within the purview of 28 the statutes applicable to his or her respective profession, 29 and who may refer a patient for treatment by a qualified 30 person, who shall employ hypnotic techniques under the 31 supervision, direction, prescription, and responsibility of 28 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 such referring practitioner. 2 Section 24. Subsection (1) of section 486.161, Florida 3 Statutes, is amended to read: 4 486.161 Exemptions.-- 5 (1) No provision of this chapter shall be construed to 6 prohibit any person licensed in this state from using any 7 physical agent as a part of, or incidental to, the lawful 8 practice of her or his profession under the statutes 9 applicable to the profession of chiropractic physician, 10 podiatric physician, doctor of medicine, massage therapist, 11 nurse, osteopathic physician or surgeon, occupational 12 therapist, or naturopathic physician naturopath. 13 Section 25. Paragraph (h) of subsection (4) of section 14 627.351, Florida Statutes, is amended to read: 15 627.351 Insurance risk apportionment plans.-- 16 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.-- 17 (h) As used in this subsection: 18 1. "Health care provider" means hospitals licensed 19 under chapter 395; physicians licensed under chapter 458; 20 osteopathic physicians licensed under chapter 459; podiatric 21 physicians licensed under chapter 461; dentists licensed under 22 chapter 466; chiropractic physicians licensed under chapter 23 460; naturopathic physicians naturopaths licensed under 24 chapter 462; nurses licensed under part I of chapter 464; 25 midwives licensed under chapter 467; clinical laboratories 26 registered under chapter 483; physician assistants licensed 27 under chapter 458 or chapter 459; physical therapists and 28 physical therapist assistants licensed under chapter 486; 29 health maintenance organizations certificated under part I of 30 chapter 641; ambulatory surgical centers licensed under 31 chapter 395; other medical facilities as defined in 29 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 subparagraph 2.; blood banks, plasma centers, industrial 2 clinics, and renal dialysis facilities; or professional 3 associations, partnerships, corporations, joint ventures, or 4 other associations for professional activity by health care 5 providers. 6 2. "Other medical facility" means a facility the 7 primary purpose of which is to provide human medical 8 diagnostic services or a facility providing nonsurgical human 9 medical treatment, to which facility the patient is admitted 10 and from which facility the patient is discharged within the 11 same working day, and which facility is not part of a 12 hospital. However, a facility existing for the primary purpose 13 of performing terminations of pregnancy or an office 14 maintained by a physician or dentist for the practice of 15 medicine shall not be construed to be an "other medical 16 facility." 17 3. "Health care facility" means any hospital licensed 18 under chapter 395, health maintenance organization 19 certificated under part I of chapter 641, ambulatory surgical 20 center licensed under chapter 395, or other medical facility 21 as defined in subparagraph 2. 22 Section 26. Subsection (19) of section 893.02, Florida 23 Statutes, is amended to read: 24 893.02 Definitions.--The following words and phrases 25 as used in this chapter shall have the following meanings, 26 unless the context otherwise requires: 27 (19) "Practitioner" means a physician licensed 28 pursuant to chapter 458, a dentist licensed pursuant to 29 chapter 466, a veterinarian licensed pursuant to chapter 474, 30 an osteopathic physician licensed pursuant to chapter 459, a 31 naturopathic physician naturopath licensed pursuant to chapter 30 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 462, or a podiatric physician licensed pursuant to chapter 2 461, provided such practitioner holds a valid federal 3 controlled substance registry number. 4 Section 27. Paragraph (g) of subsection (3) of section 5 921.0022, Florida Statutes, is amended to read: 6 921.0022 Criminal Punishment Code; offense severity 7 ranking chart.-- 8 (3) OFFENSE SEVERITY RANKING CHART 9 Florida Felony Description 10 Statute Degree 11 (g) LEVEL 7 12 316.027(1)(b) 2nd Accident involving death, failure 13 to stop; leaving scene. 14 316.193(3)(c)2. 3rd DUI resulting in serious bodily 15 injury. 16 316.1935(3)(b) 1st Causing serious bodily injury or 17 death to another person; driving 18 at high speed or with wanton 19 disregard for safety while 20 fleeing or attempting to elude 21 law enforcement officer who is in 22 a patrol vehicle with siren and 23 lights activated. 24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 25 bodily injury. 26 402.319(2) 2nd Misrepresentation and negligence 27 or intentional act resulting in 28 great bodily harm, permanent 29 disfiguration, permanent 30 disability, or death. 31 409.920(2) 3rd Medicaid provider fraud. 31 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 456.065(2) 3rd Practicing a health care 2 profession without a license. 3 456.065(2) 2nd Practicing a health care 4 profession without a license 5 which results in serious bodily 6 injury. 7 458.327(1) 3rd Practicing medicine without a 8 license. 9 459.013(1) 3rd Practicing osteopathic medicine 10 without a license. 11 460.411(1) 3rd Practicing chiropractic medicine 12 without a license. 13 461.012(1) 3rd Practicing podiatric medicine 14 without a license. 15 462.17 3rd Practicing naturopathic medicine 16 naturopathy without a license. 17 463.015(1) 3rd Practicing optometry without a 18 license. 19 464.016(1) 3rd Practicing nursing without a 20 license. 21 465.015(2) 3rd Practicing pharmacy without a 22 license. 23 466.026(1) 3rd Practicing dentistry or dental 24 hygiene without a license. 25 467.201 3rd Practicing midwifery without a 26 license. 27 468.366 3rd Delivering respiratory care 28 services without a license. 29 483.828(1) 3rd Practicing as clinical laboratory 30 personnel without a license. 31 32 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 483.901(9) 3rd Practicing medical physics 2 without a license. 3 484.013(1)(c) 3rd Preparing or dispensing optical 4 devices without a prescription. 5 484.053 3rd Dispensing hearing aids without a 6 license. 7 494.0018(2) 1st Conviction of any violation of 8 ss. 494.001-494.0077 in which the 9 total money and property 10 unlawfully obtained exceeded 11 $50,000 and there were five or 12 more victims. 13 560.123(8)(b)1. 3rd Failure to report currency or 14 payment instruments exceeding 15 $300 but less than $20,000 by 16 money transmitter. 17 560.125(5)(a) 3rd Money transmitter business by 18 unauthorized person, currency or 19 payment instruments exceeding 20 $300 but less than $20,000. 21 655.50(10)(b)1. 3rd Failure to report financial 22 transactions exceeding $300 but 23 less than $20,000 by financial 24 institution. 25 775.21(10)(a) 3rd Sexual predator; failure to 26 register; failure to renew 27 driver's license or 28 identification card; other 29 registration violations. 30 775.21(10)(b) 3rd Sexual predator working where 31 children regularly congregate. 33 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 775.21(10)(g) 3rd Failure to report or providing 2 false information about a sexual 3 predator; harbor or conceal a 4 sexual predator. 5 782.051(3) 2nd Attempted felony murder of a 6 person by a person other than the 7 perpetrator or the perpetrator of 8 an attempted felony. 9 782.07(1) 2nd Killing of a human being by the 10 act, procurement, or culpable 11 negligence of another 12 (manslaughter). 13 782.071 2nd Killing of human being or viable 14 fetus by the operation of a motor 15 vehicle in a reckless manner 16 (vehicular homicide). 17 782.072 2nd Killing of a human being by the 18 operation of a vessel in a 19 reckless manner (vessel 20 homicide). 21 784.045(1)(a)1. 2nd Aggravated battery; intentionally 22 causing great bodily harm or 23 disfigurement. 24 784.045(1)(a)2. 2nd Aggravated battery; using deadly 25 weapon. 26 784.045(1)(b) 2nd Aggravated battery; perpetrator 27 aware victim pregnant. 28 784.048(4) 3rd Aggravated stalking; violation of 29 injunction or court order. 30 784.048(7) 3rd Aggravated stalking; violation of 31 court order. 34 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 784.07(2)(d) 1st Aggravated battery on law 2 enforcement officer. 3 784.074(1)(a) 1st Aggravated battery on sexually 4 violent predators facility staff. 5 784.08(2)(a) 1st Aggravated battery on a person 65 6 years of age or older. 7 784.081(1) 1st Aggravated battery on specified 8 official or employee. 9 784.082(1) 1st Aggravated battery by detained 10 person on visitor or other 11 detainee. 12 784.083(1) 1st Aggravated battery on code 13 inspector. 14 790.07(4) 1st Specified weapons violation 15 subsequent to previous conviction 16 of s. 790.07(1) or (2). 17 790.16(1) 1st Discharge of a machine gun under 18 specified circumstances. 19 790.165(2) 2nd Manufacture, sell, possess, or 20 deliver hoax bomb. 21 790.165(3) 2nd Possessing, displaying, or 22 threatening to use any hoax bomb 23 while committing or attempting to 24 commit a felony. 25 790.166(3) 2nd Possessing, selling, using, or 26 attempting to use a hoax weapon 27 of mass destruction. 28 790.166(4) 2nd Possessing, displaying, or 29 threatening to use a hoax weapon 30 of mass destruction while 31 committing or attempting to 35 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 commit a felony. 2 796.03 2nd Procuring any person under 16 3 years for prostitution. 4 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 5 victim less than 12 years of age; 6 offender less than 18 years. 7 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 8 victim 12 years of age or older 9 but less than 16 years; offender 10 18 years or older. 11 806.01(2) 2nd Maliciously damage structure by 12 fire or explosive. 13 810.02(3)(a) 2nd Burglary of occupied dwelling; 14 unarmed; no assault or battery. 15 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 16 unarmed; no assault or battery. 17 810.02(3)(d) 2nd Burglary of occupied conveyance; 18 unarmed; no assault or battery. 19 812.014(2)(a)1. 1st Property stolen, valued at 20 $100,000 or more; property stolen 21 while causing other property 22 damage; 1st degree grand theft. 23 812.014(2)(b)2. 2nd Property stolen, cargo valued at 24 less than $50,000, grand theft in 25 2nd degree. 26 812.014(2)(b)3. 2nd Property stolen, emergency 27 medical equipment; 2nd degree 28 grand theft. 29 812.0145(2)(a) 1st Theft from person 65 years of age 30 or older; $50,000 or more. 31 36 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 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) & (3)(b)1st Making false entries of material 17 fact or false statements 18 regarding property values 19 relating to the solvency of an 20 insuring entity which are a 21 significant cause of the 22 insolvency of that entity. 23 825.102(3)(b) 2nd Neglecting an elderly person or 24 disabled adult causing great 25 bodily harm, disability, or 26 disfigurement. 27 825.103(2)(b) 2nd Exploiting an elderly person or 28 disabled adult and property is 29 valued at $20,000 or more, but 30 less than $100,000. 31 37 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 827.03(3)(b) 2nd Neglect of a child causing great 2 bodily harm, disability, or 3 disfigurement. 4 827.04(3) 3rd Impregnation of a child under 16 5 years of age by person 21 years 6 of age or older. 7 837.05(2) 3rd Giving false information about 8 alleged capital felony to a law 9 enforcement officer. 10 838.015 2nd Bribery. 11 838.016 2nd Unlawful compensation or reward 12 for official behavior. 13 838.021(3)(a) 2nd Unlawful harm to a public 14 servant. 15 838.22 2nd Bid tampering. 16 847.0135(3) 3rd Solicitation of a child, via a 17 computer service, to commit an 18 unlawful sex act. 19 872.06 2nd Abuse of a dead human body. 20 893.13(1)(c)1. 1st Sell, manufacture, or deliver 21 cocaine (or other drug prohibited 22 under s. 893.03(1)(a), (1)(b), 23 (1)(d), (2)(a), (2)(b), or 24 (2)(c)4.) within 1,000 feet of a 25 child care facility, school, or 26 state, county, or municipal park 27 or publicly owned recreational 28 facility or community center. 29 893.13(1)(e)1. 1st Sell, manufacture, or deliver 30 cocaine or other drug prohibited 31 under s. 893.03(1)(a), (1)(b), 38 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 (1)(d), (2)(a), (2)(b), or 2 (2)(c)4., within 1,000 feet of 3 property used for religious 4 services or a specified business 5 site. 6 893.13(4)(a) 1st Deliver to minor cocaine (or 7 other s. 893.03(1)(a), (1)(b), 8 (1)(d), (2)(a), (2)(b), or 9 (2)(c)4. drugs). 10 893.135(1)(a)1. 1st Trafficking in cannabis, more 11 than 25 lbs., less than 2,000 12 lbs. 13 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 14 28 grams, less than 200 grams. 15 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, 16 more than 4 grams, less than 14 17 grams. 18 893.135(1)(d)1. 1st Trafficking in phencyclidine, 19 more than 28 grams, less than 200 20 grams. 21 893.135(1)(e)1. 1st Trafficking in methaqualone, more 22 than 200 grams, less than 5 23 kilograms. 24 893.135(1)(f)1. 1st Trafficking in amphetamine, more 25 than 14 grams, less than 28 26 grams. 27 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 28 grams or more, less than 14 29 grams. 30 893.135(1)(h)1.a. 1st Trafficking in 31 gamma-hydroxybutyric acid (GHB), 39 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 1 kilogram or more, less than 5 2 kilograms. 3 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 4 kilogram or more, less than 5 5 kilograms. 6 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 7 10 grams or more, less than 200 8 grams. 9 896.101(5)(a) 3rd Money laundering, financial 10 transactions exceeding $300 but 11 less than $20,000. 12 896.104(4)(a)1. 3rd Structuring transactions to evade 13 reporting or registration 14 requirements, financial 15 transactions exceeding $300 but 16 less than $20,000. 17 943.0435(4)(c) 2nd Sexual offender vacating 18 permanent residence; failure to 19 comply with reporting 20 requirements. 21 943.0435(8) 2nd Sexual offender; remains in state 22 after indicating intent to leave; 23 failure to comply with reporting 24 requirements. 25 943.0435(9)(a) 3rd Sexual offender; failure to 26 comply with reporting 27 requirements. 28 943.0435(13) 3rd Failure to report or providing 29 false information about a sexual 30 offender; harbor or conceal a 31 sexual offender. 40 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 943.0435(14) 3rd Sexual offender; failure to 2 report and reregister; failure to 3 respond to address verification. 4 944.607(9) 3rd Sexual offender; failure to 5 comply with reporting 6 requirements. 7 944.607(10)(a) 3rd Sexual offender; failure to 8 submit to the taking of a 9 digitized photograph. 10 944.607(12) 3rd Failure to report or providing 11 false information about a sexual 12 offender; harbor or conceal a 13 sexual offender. 14 944.607(13) 3rd Sexual offender; failure to 15 report and reregister; failure to 16 respond to address verification. 17 Section 28. Section 462.30, Florida Statutes, is 18 created to read: 19 462.30 Licensure of current practitioners of 20 naturopathic medicine.--Any physician or medical doctor 21 licensed pursuant to chapter 458, or osteopathic physician 22 licensed pursuant to chapter 459, who is currently licensed 23 and in good standing on January 1, 2007, is eligible to apply 24 for a waiver of the educational and examination requirements 25 for licensure as a naturopathic physician set forth in s. 26 462.193(1)(f), (h), and (i), if the applicant: 27 1. Has completed the application form and remitted a 28 nonrefundable application fee set by the board not to exceed 29 $500; 30 2. Establishes to the satisfaction of the board that 31 she or he has had substantial education, training, and 41 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 clinical experience in naturopathic therapies and modalities. 2 Demonstration to the board must include evidence that the 3 medical doctor or osteopathic physician has been actively 4 engaged in the practice of naturopathic medicine for not less 5 than 6,000 hours during the 5 years immediately preceding the 6 date of application for waiver of the educational and 7 examination requirements for licensure in this state. 8 3. Otherwise meets all the requirements for licensure 9 as a naturopathic physician established in this chapter. 10 11 The board shall establish by rule the specific criteria for 12 meeting the qualification for licensure under this section, 13 including, but not limited to, requiring the applicant to 14 demonstrate that his or her education and training was 15 conducted through accredited programs, and to submit actual 16 case studies of his or her treatment of patients. 17 Applications under this section must be received by the board 18 by April 1, 2007. If an application is not received by that 19 date, a medical doctor or an osteopathic physician must meet 20 all the requirements of this chapter to be licensed as a 21 naturopathic physician. 22 Section 29. Section 462.40, Florida Statutes, is 23 created to read: 24 462.40 Disclosure of medications by 25 patients.--Patients who are provided prescriptions for 26 medications, nutrients, or other natural medicine substances 27 by their treating naturopathic physician shall have the 28 responsibility to advise their primary care physician or other 29 treating health care provider of the medications or substances 30 that have been prescribed or recommended by their naturopathic 31 physician. Naturopathic physicians shall have the 42 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 responsibility to advise their patients of this requirement in 2 writing, maintain a signed copy of the disclosure in the 3 medical records of that patient, and provide a copy of the 4 disclosure to their patients upon request. Failure of any 5 patient to disclose medication prescribed by a naturopathic 6 physician as required by this section shall establish a 7 presumption that subsequent injuries sustained by such patient 8 were caused by the failure to disclose medication prescribed 9 by a naturopathic physician. This presumption may be rebutted 10 by clear and convincing evidence that such patient's injuries 11 were caused by the negligence of the primary care physician. 12 Section 30. Section 462.401, Florida Statutes, is 13 created to read: 14 462.401 Licensure by endorsement.--The board shall 15 waive the examination requirements of s. 462.193(1)(h) for a 16 naturopathic physician by endorsement applicant who 17 demonstrates proof of equivalent education and training and 18 proof acceptable to the board of current naturopathic medicine 19 licensure in good standing in another state, the District of 20 Columbia, or a territory of the United States, whose standards 21 for licensure are at least equivalent to those in this state. 22 Any applicant seeking a license by endorsement pursuant to 23 this section must provide proof of licensure in good standing 24 in all states in which he or she is or has been licensed and 25 must pay the appropriate fee. 26 Section 31. Section 462.402, Florida Statutes, is 27 created to read: 28 462.402 Rulemaking authority.--The board may adopt 29 rules pursuant to ss. 120.536(1) and 120.54 to implement the 30 provisions of this chapter which confer duties upon the board. 31 Section 32. This act shall take effect January 1, 43 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 2007. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to naturopathic medicine; 11 providing a short title; changing the title of 12 ch. 462, F.S., from "Naturopathy" to 13 "Naturopathic Medicine"; amending s. 462.01, 14 F.S.; revising and providing definitions; 15 creating s. 462.0215, F.S.; creating the Board 16 of Naturopathic Medicine; providing membership 17 and duties of the board; providing guidelines 18 for probable cause panels and disciplinary 19 decisions; providing applicability of ch. 456, 20 F.S.; amending s. 462.023, F.S.; providing 21 powers and duties of the board under ch. 462, 22 F.S., including rulemaking authority; deleting 23 obsolete language; amending s. 462.08, F.S.; 24 conforming terminology; amending s. 462.11, 25 F.S.; conforming and correcting terminology; 26 amending s. 462.13, F.S.; providing additional 27 powers and duties of the board; amending s. 28 462.14, F.S.; specifying authority of the board 29 and the department with respect to disciplinary 30 action and revising grounds for disciplinary 31 action with respect to such authority; 44 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 conforming terminology; amending s. 462.16, 2 F.S.; specifying authority for setting the fee 3 for the reissuance of license under certain 4 circumstances; conforming terminology; amending 5 s. 462.17, F.S.; conforming terminology; 6 amending s. 462.18, F.S.; revising educational 7 requirements; conforming terminology; amending 8 s. 462.19, F.S.; increasing the maximum amount 9 at which the inactive status fee may be set; 10 creating s. 462.193, F.S.; providing 11 requirements for licensure as a doctor of 12 naturopathic medicine, naturopathic doctor, or 13 naturopathic physician; providing fees; 14 providing grounds for denying or restricting 15 licenses; providing for the applicability of 16 certain rights to doctors of naturopathic 17 medicine, naturopathic doctors, or naturopathic 18 physicians who have certain qualifications; 19 creating s. 462.195, F.S.; providing exemptions 20 from licensure requirements; amending s. 21 462.2001, F.S.; updating the saving clause; 22 conforming terminology; providing that certain 23 rights and privileges of active licensees are 24 retained; amending ss. 20.43, 381.0031, 25 468.301, 476.044, 477.0135, 485.003, 486.161, 26 627.351, 893.02, and 921.0022, F.S.; conforming 27 terminology; creating s. 462.30, F.S.; 28 providing for the licensure of current 29 practitioners of naturopathic medicine; 30 providing an application deadline; creating s. 31 462.40, F.S.; providing responsibility of 45 11:51 AM 04/24/06 s2678d-he11-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2678 Barcode 313544 1 patients to disclose to their primary care 2 physicians medications prescribed or 3 recommended by naturopathic physicians; 4 providing related responsibilities of 5 naturopathic physicians; providing a rebuttable 6 presumption; creating s. 462.401, F.S.; 7 providing for licensure by endorsement; 8 creating s. 462.402, F.S.; providing for 9 rulemaking; providing an effective date. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 46 11:51 AM 04/24/06 s2678d-he11-c3r