Senate Bill sb2678
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Florida Senate - 2006 SB 2678
By Senator Webster
9-1435-06
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 Licensed
8 Naturopathic Physicians; providing membership
9 and duties of the board; providing guidelines
10 for probable cause panels and disciplinary
11 decisions; providing applicability of ch. 456,
12 F.S.; amending s. 462.023, F.S.; providing
13 powers and duties of the board under ch. 462,
14 F.S., including rulemaking authority; deleting
15 obsolete provisions; 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.; providing penalties
29 for falsely using certain titles; amending s.
30 462.18, F.S., relating to educational
31 requirements; conforming terminology; amending
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1 s. 462.19, F.S.; increasing the maximum amount
2 at which the inactive status fee may be set;
3 creating s. 462.193, F.S.; providing
4 requirements for licensure as a naturopathic
5 physician; providing fees; providing grounds
6 for denying or restricting licenses; providing
7 for the applicability of certain rights to
8 naturopathic physicians who have certain
9 qualifications; creating s. 462.195, F.S.;
10 providing exemptions from licensure
11 requirements; amending s. 462.2001, F.S.;
12 updating the saving clause; conforming
13 terminology; creating s. 462.30, F.S.;
14 establishing a naturopathic medical formulary
15 council; providing membership and terms of
16 office; providing duties; providing
17 limitations; creating s. 462.40, F.S.;
18 providing that patients are responsible for
19 notifying health care providers about
20 substances prescribed or recommended by a
21 naturopathic physician; creating a rebuttable
22 presumption that failure to disclose is the
23 cause of subsequent injuries; providing that
24 certain rights and privileges of active
25 licensees are retained; amending ss. 20.43,
26 381.0031, 468.301, 476.044, 477.0135, 485.003,
27 486.161, 627.351, 893.02, and 921.0022, F.S.;
28 conforming terminology; providing an effective
29 date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Chapter 462, Florida Statutes, which is
2 entitled "Naturopathy," is redesignated as "Naturopathic
3 Medicine."
4 Section 2. Section 462.01, Florida Statutes, is
5 amended to read:
6 462.01 Definitions.--As used in this chapter, the
7 term:
8 (1) "Approved naturopathic medical program" means:
9 (a) A naturopathic medical education program in the
10 United States accredited by the Council on Naturopathic
11 Medical Education or an equivalent federally recognized
12 accrediting body for the naturopathic medical profession
13 recognized by the board. This program shall offer
14 graduate-level, full-time didactic and supervised clinical
15 training leading to the degree of Doctor of Naturopathic
16 Medicine. Additionally, the program shall be an institution,
17 or part of an institution, of higher education that is either
18 accredited or is a candidate for accreditation by an
19 institutional accrediting agency recognized by the United
20 States Secretary of Education; or
21 (b) A degree-granting college or university that is
22 reputable and in good standing in the judgment of the board
23 and that offers a full-time structured curriculum in basic
24 sciences and supervised patient care comprising a doctoral
25 naturopathic medical education. As a prerequisite to
26 graduation, a student shall be enrolled for not less than 132
27 weeks and shall complete the course of study within a period
28 of not less than 35 months.
29 (2) "Board" means the Board of Licensed Naturopathic
30 Physicians.
31 (3)(2) "Department" means the Department of Health.
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1 (4) "Doctor of naturopathic medicine," "naturopathic
2 doctor," or "naturopathic physician" means a person licensed
3 to practice naturopathic medicine under this chapter.
4 (5)(1) "Natureopathy" and "Naturopathy" are shall be
5 construed as synonymous terms. Naturopathy means a system of
6 health care practice which employs natural health modalities,
7 substances, and education to promote health. The terms
8 "natureopathy," "naturopathy," "naturopathic practitioner,"
9 "naturopath," and "naturopathic medicine" are not synonymous
10 with "doctor of naturopathic medicine" or "naturopathic
11 physician" and the practice of naturopathy and the use of
12 these terms are not restricted or regulated by or under this
13 chapter and mean. A doctor of naturopathic medicine employs
14 the use and practice of psychological, mechanical, and
15 material health sciences to aid in purifying, cleansing, and
16 normalizing human tissues for the preservation or restoration
17 of health, according to the fundamental principles of anatomy,
18 physiology, and applied psychology, as may be required.
19 Naturopathic medicine practice employs, among other agencies,
20 phytotherapy, dietetics, psychotherapy, suggestotherapy,
21 hydrotherapy, zone therapy, biochemistry, external
22 applications, electrotherapy, mechanotherapy, mechanical and
23 electrical appliances, hygiene, first aid, sanitation,
24 administration of vitamins, food, and food supplements, and
25 heliotherapy.; provided, However, that nothing in this chapter
26 shall be held or construed to authorize any doctor of
27 naturopathic medicine, naturopathic doctor, or naturopathic
28 physician licensed under this chapter hereunder to practice
29 materia medica, or surgery, or chiropractic medicine, the
30 examination, diagnosis, and treatment of teeth and gums,
31 acupuncture, oriental medicine, child birth attendance, or
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1 midwifery, nor shall the provisions of this chapter law in any
2 manner apply to or affect the practice of osteopathic
3 medicine, chiropractic medicine, Christian Science,
4 naturopathy, or any other treatment authorized and provided
5 for by law for the cure or prevention of disease and ailments.
6 (6) "Naturopathic Medicine" means a system of primary
7 health care practiced by a licensed naturopathic physician for
8 the prevention, diagnosis, and treatment of human health
9 conditions, injuries, and diseases which uses:
10 (a) Medical diagnostics and treatments as provided by
11 this chapter; and
12 (b) Naturopathy as defined by s. 462.01(6) which does
13 not require licensure under this chapter.
14 Section 3. Section 462.0215, Florida Statutes, is
15 created to read:
16 462.0215 Board of Licensed Naturopathic Physicians.--
17 (1) There is created within the department the Board
18 of Licensed Naturopathic Physicians, composed of seven members
19 appointed by the Governor and confirmed by the Senate.
20 (2)(a) Five members of the board must be:
21 1. Licensed doctors of naturopathic medicine or
22 naturopathic physicians in good standing in this state who are
23 residents of the state and who have been engaged in the
24 practice of naturopathic medicine for at least 5 years; or
25 2. Persons who have been teaching naturopathic
26 medicine and who hold a doctorate of naturopathic medicine
27 from an institution accredited by an accrediting agency
28 recognized by the United States Secretary of Education.
29 (b) The remaining two members of the board must be
30 residents of the state who are not and never have been
31 licensed health care practitioners.
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1 (c) At least one member of the board must be 60 years
2 of age or older.
3 (3) For the purpose of staggering terms, the Governor
4 shall initially appoint to the board three members for terms
5 of 4 years each, two members for terms of 3 years each, and
6 two members for terms of 2 years each. As the terms of board
7 members expire, the Governor shall appoint successors for
8 terms of 4 years and such members shall serve until their
9 successors are appointed.
10 (4) The board, in conjunction with the department,
11 shall establish a disciplinary training program for members of
12 the board. The program shall provide for initial and periodic
13 training in the grounds for disciplinary action, the actions
14 that may be taken by the board and the department, changes in
15 relevant statutes and rules, and any relevant judicial and
16 administrative decisions. A member of the board may not
17 participate on a probable cause panel or in a disciplinary
18 decision of the board unless she or he has completed the
19 disciplinary training program.
20 (5) During the time members of the board serve on a
21 probable cause panel, they shall attempt to complete their
22 work on every case presented to them. If consideration of a
23 case is begun but is not completed during the term of the
24 board members on the panel, they may reconvene as a probable
25 cause panel for the purpose of completing their deliberations
26 on that case.
27 (6) All provisions of chapter 456 relating to
28 activities of the board are applicable.
29 Section 4. Section 462.023, Florida Statutes, is
30 amended to read:
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1 462.023 Powers and duties of the board and the
2 department.--The board and the department may adopt such rules
3 as are necessary to carry out the purposes of this chapter,
4 may initiate disciplinary action as provided by this chapter,
5 and shall establish fees as provided by this chapter based on
6 their its estimates of the revenue required to administer this
7 chapter provided the fees do but shall not exceed the fee
8 amounts provided in this chapter. The department shall not
9 adopt any rules which would cause any person who was not
10 licensed in accordance with this chapter on July 1, 1959, and
11 had not been a resident of the state for 2 years prior to such
12 date, to become licensed.
13 Section 5. Section 462.08, Florida Statutes, is
14 amended to read:
15 462.08 Renewal of license to practice naturopathic
16 medicine naturopathy.--Each licensee licenseholder shall
17 biennially renew her or his license to practice naturopathic
18 medicine naturopathy. The applicant must furnish to the board
19 department such evidence as it requires of the applicant's
20 compliance with s. 462.18, relating to educational
21 requirements. The biennial renewal fee, the amount of which
22 shall be determined by the board department but which may not
23 exceed $1,000, must be paid at the time the application for
24 renewal of the license is filed.
25 Section 6. Section 462.11, Florida Statutes, is
26 amended to read:
27 462.11 Doctors of naturopathic medicine, naturopathic
28 doctors, or naturopathic physicians Naturopaths to observe
29 regulations.--Doctors of naturopathic medicine, naturopathic
30 doctors, or naturopathic physicians naturopathy shall observe
31 and be subject to all state, county, and municipal regulations
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1 in regard to the control of contagious and infectious
2 diseases, the reporting of births and deaths, and to any and
3 all other matters pertaining to the public health in the same
4 manner as is required of other practitioners of the healing
5 arts art.
6 Section 7. Section 462.13, Florida Statutes, is
7 amended to read:
8 462.13 Additional powers and duties of the department
9 and the board. The department and the board may administer
10 oaths, summon witnesses, and take testimony in all matters
11 relating to their its duties pursuant to this chapter. Every
12 unrevoked license shall be presumptive evidence in all courts
13 and places that the person therein named is legally licensed
14 to practice naturopathic medicine naturopathy. The department
15 and the board shall aid the prosecuting attorneys of the state
16 in the enforcement of this chapter.
17 Section 8. Section 462.14, Florida Statutes, is
18 amended to read:
19 462.14 Grounds for disciplinary action; action by the
20 department or the board.--
21 (1) The following acts constitute grounds for denial
22 of a license or disciplinary action, as specified in s.
23 456.072(2):
24 (a) Attempting to obtain, obtaining, or renewing a
25 license to practice naturopathic medicine by bribery, by
26 fraudulent misrepresentation, or through an error of the
27 department or the board.
28 (b) Having a license to practice naturopathic medicine
29 revoked, suspended, or otherwise acted against, including the
30 denial of licensure, by the licensing authority of another
31 state, territory, or country.
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1 (c) Being convicted or found guilty, regardless of
2 adjudication, of a crime in any jurisdiction which directly
3 relates to the practice of naturopathic medicine or to the
4 ability to practice naturopathic medicine. Any plea of nolo
5 contendere shall be considered a conviction for purposes of
6 this chapter.
7 (d) False, deceptive, or misleading advertising.
8 (e) Advertising, practicing, or attempting to practice
9 under a name other than one's own.
10 (f) Failing to report to the department any person who
11 the licensee knows is in violation of this chapter or of the
12 rules of the department or the board.
13 (g) Aiding, assisting, procuring, or advising any
14 unlicensed person to practice naturopathic medicine contrary
15 to this chapter or to a rule of the department or the board.
16 (h) Failing to perform any statutory or legal
17 obligation placed upon a licensed doctor of naturopathic
18 medicine, naturopathic doctor, or naturopathic physician.
19 (i) Making or filing a report which the licensee knows
20 to be false, intentionally or negligently failing to file a
21 report or record required by state or federal law, willfully
22 impeding or obstructing such filing or inducing another person
23 to do so. Such reports or records shall include only those
24 which are signed in the capacity as a licensed doctor of
25 naturopathic medicine, naturopathic doctor, or 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,
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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 doctor of naturopathic medicine,
5 naturopathic doctor, or naturopathic physician from receiving
6 a fee for professional consultation services.
7 (k) Exercising influence within a patient-physician
8 relationship for purposes of engaging a patient in sexual
9 activity. A patient shall be presumed to be incapable of
10 giving free, full, and informed consent to sexual activity
11 with her or his physician.
12 (l) Making deceptive, untrue, or fraudulent
13 representations in the practice of naturopathic medicine or
14 employing a trick or scheme in the practice of naturopathic
15 medicine when such scheme or trick fails to conform to the
16 generally prevailing standards of treatment in the medical
17 community.
18 (m) Soliciting patients, either personally or through
19 an agent, through the use of fraud, intimidation, undue
20 influence, or a form of overreaching or vexatious conduct. A
21 "solicitation" is any communication which directly or
22 implicitly requests an immediate oral response from the
23 recipient.
24 (n) Failing to keep written medical records justifying
25 the course of treatment of the patient, including, but not
26 limited to, patient histories, examination results, test
27 results, X rays, and records of the prescribing, dispensing,
28 and administering of drugs.
29 (o) Exercising influence on the patient or client in
30 such a manner as to exploit the patient or client for the
31 financial gain of the licensee or of a third party, which
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1 shall include, but not be limited to, the promoting or selling
2 of services, goods, appliances, or drugs and the promoting or
3 advertising on any prescription form of a community pharmacy
4 unless the form also states "This prescription may be filled
5 at any pharmacy of your choice."
6 (p) Performing professional services which have not
7 been duly authorized by the patient or client, or her or his
8 legal representative, except as provided in s. 743.064, s.
9 766.103, or s. 768.13.
10 (q) Prescribing, dispensing, administering, mixing, or
11 otherwise preparing a legend drug, including any controlled
12 substance, other than in the course of the doctor of
13 naturopathic medicine's, naturopathic doctor's, or
14 naturopathic physician's professional practice. For the
15 purposes of this paragraph, it shall be legally presumed that
16 prescribing, dispensing, administering, mixing, or otherwise
17 preparing legend drugs, including all controlled substances,
18 inappropriately or in excessive or inappropriate quantities is
19 not in the best interest of the patient and is not in the
20 course of the doctor of naturopathic medicine's, naturopathic
21 doctor's, or naturopathic physician's professional practice,
22 without regard to her or his intent.
23 (r) Prescribing, dispensing, or administering any
24 medicinal drug appearing on any schedule set forth in chapter
25 893 by the doctor of naturopathic medicine, naturopathic
26 doctor, or naturopathic physician to herself or himself,
27 except one prescribed, dispensed, or administered to the
28 doctor of naturopathic medicine, naturopathic doctor, or
29 naturopathic physician by another practitioner authorized to
30 prescribe, dispense, or administer medicinal drugs.
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1 (s) Being unable to practice naturopathic medicine
2 with reasonable skill and safety to patients by reason of
3 illness or use of alcohol, drugs, narcotics, chemicals, or any
4 other type of material or as a result of any mental or
5 physical condition. In enforcing this paragraph, the
6 department shall have, upon probable cause, authority to
7 compel a doctor of naturopathic medicine, naturopathic doctor,
8 or naturopathic physician to submit to a mental or physical
9 examination by physicians designated by the department. The
10 failure of a doctor of naturopathic medicine, naturopathic
11 doctor, or naturopathic physician to submit to such an
12 examination when so directed shall constitute an admission of
13 the allegations against her or him upon which a default and
14 final order may be entered without the taking of testimony or
15 presentation of evidence, unless the failure was due to
16 circumstances beyond the doctor of naturopathic medicine's,
17 naturopathic doctor's, or naturopathic physician's control. A
18 doctor of naturopathic medicine, naturopathic doctor, or
19 naturopathic physician affected under this paragraph shall at
20 reasonable intervals be afforded an opportunity to demonstrate
21 that she or he can resume the competent practice of
22 naturopathic medicine with reasonable skill and safety to
23 patients. In any proceeding under this paragraph, neither the
24 record of proceedings nor the orders entered by the department
25 may be used against a doctor of naturopathic medicine,
26 naturopathic doctor, or naturopathic physician in any other
27 proceeding.
28 (t) Gross or repeated malpractice or the failure to
29 practice naturopathic medicine with that level of care, skill,
30 and treatment which is recognized by a reasonably prudent
31 similar physician as being acceptable under similar conditions
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1 and circumstances. The board department shall give great
2 weight to the provisions of s. 766.102 when enforcing this
3 paragraph.
4 (u) Performing any procedure or prescribing any
5 therapy which, by the prevailing standards of medical practice
6 in the community, constitutes experimentation on a human
7 subject, without first obtaining full, informed, and written
8 consent.
9 (v) Practicing or offering to practice beyond the
10 scope permitted by law or accepting and performing
11 professional responsibilities which the licensee knows or has
12 reason to know that she or he is not competent to perform.
13 (w) Delegating professional responsibilities to a
14 person when the licensee delegating such responsibilities
15 knows or has reason to know that such person is not qualified
16 by training, experience, or licensure to perform them.
17 (x) Violating a lawful order of the department or the
18 board previously entered in a disciplinary hearing or failing
19 to comply with a lawfully issued subpoena of the department.
20 (y) Conspiring with another licensee or with any other
21 person to commit an act, or committing an act, which would
22 tend to coerce, intimidate, or preclude another licensee from
23 lawfully advertising her or his services.
24 (z) Procuring, or aiding or abetting in the procuring
25 of, an unlawful termination of pregnancy.
26 (aa) Presigning blank prescription forms.
27 (bb) Prescribing by the doctor of naturopathic
28 medicine, naturopathic doctor, or naturopathic physician for
29 office use any controlled substance medicinal drug appearing
30 on Schedule I, Schedule II, or Schedule III in chapter 893.
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1 (cc) Prescribing, ordering, dispensing, administering,
2 supplying, selling, or giving any drug which is an amphetamine
3 or sympathomimetic amine drug, or a compound designated
4 pursuant to chapter 893 as a Schedule II controlled substance
5 to or for any person except for:
6 1. The treatment of narcolepsy; hyperkinesis;
7 behavioral syndrome in children characterized by the
8 developmentally inappropriate symptoms of moderate to severe
9 distractability, short attention span, hyperactivity,
10 emotional lability, and impulsivity; or drug-induced brain
11 dysfunction.
12 2. The differential diagnostic psychiatric evaluation
13 of depression or the treatment of depression shown to be
14 refractory to other therapeutic modalities.
15 3. The clinical investigation of the effects of such
16 drugs or compounds when an investigative protocol therefor is
17 submitted to, reviewed, and approved by the board department
18 before such investigation is begun.
19 (dd) Prescribing, ordering, dispensing, administering,
20 supplying, selling, or giving growth hormones, testosterone or
21 its analogs, human chorionic gonadotropin (HCG), or other
22 hormones for the purpose of muscle building or to enhance
23 athletic performance. For the purposes of this subsection, the
24 term "muscle building" does not include the treatment of
25 injured muscle. A prescription written for the drug products
26 listed above may be dispensed by the pharmacist with the
27 presumption that the prescription is for legitimate medical
28 use.
29 (ee) Violating any provision of this chapter or
30 chapter 456, or any rules adopted pursuant thereto.
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1 (2) The board department may enter an order denying
2 licensure or imposing any of the penalties in s. 456.072(2)
3 against any applicant for licensure or licensee who is found
4 guilty of violating any provision of subsection (1) of this
5 section or who is found guilty of violating any provision of
6 s. 456.072(1).
7 (3) The board department shall not reinstate the
8 license of a doctor of naturopathic medicine, naturopathic
9 doctor, or naturopathic physician until such time as the board
10 department is satisfied that such person has complied with all
11 the terms and conditions set forth in the final order and that
12 such person is capable of safely engaging in the practice of
13 naturopathic medicine.
14 (4) The board department shall by rule establish
15 guidelines for the disposition of disciplinary cases involving
16 specific types of violations. Such guidelines may include
17 minimum and maximum fines, periods of supervision or
18 probation, or conditions of probation or reissuance of a
19 license.
20 Section 9. Section 462.16, Florida Statutes, is
21 amended to read:
22 462.16 Reissue of license.--Any person who practices
23 naturopathic medicine shall practice naturopathy after her or
24 his license has been revoked and registration annulled shall
25 be deemed to have practiced naturopathic medicine naturopathy
26 without a license; provided, however, at any time after 6
27 months after the date of license revocation said conviction,
28 the department may grant a license to the person affected,
29 restoring to her or him all the rights and privileges of and
30 pertaining to the practice of naturopathic medicine
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1 naturopathy as defined and regulated by this chapter. The fee
2 therefor shall be set by the board not to exceed $250.
3 Section 10. Section 462.17, Florida Statutes, is
4 amended to read:
5 462.17 Penalty for offenses relating to naturopathic
6 medicine naturopathy.--Any person who shall:
7 (1) Sell, fraudulently obtain, or furnish any
8 naturopathic medicine diploma, license, record, or
9 registration or aid or abet in the same;
10 (2) Practice naturopathic medicine naturopathy under
11 the cover of any diploma, license, record, or registration
12 illegally or fraudulently obtained or secured or issued
13 unlawfully or upon fraudulent representations;
14 (3) Advertise to practice naturopathic medicine
15 naturopathy under a name other than her or his own or under an
16 assumed name;
17 (4) Falsely impersonate another practitioner of a like
18 or different name;
19 (5) Use the title or claim to be a "licensed
20 naturopathic physician," "naturopathic physician," "doctor of
21 naturopathic medicine," "licensed doctor of naturopathic
22 medicine," or "naturopathic medicine doctor," in connection
23 with providing health care services or use a title after the
24 person's name which signifies completing the requirements of a
25 doctorate degree in violation of s. 817.567. Using the terms
26 "natureopathy," "naturopathy," "naturopathic practitioner,"
27 "naturopath," or "naturopathic medicine is not prohibited
28 Practice or advertise to practice naturopathy or use in
29 connection with her or his name any designation tending to
30 imply or to designate the person as a practitioner of
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1 naturopathy without then being lawfully licensed and
2 authorized to practice naturopathy in this state; or
3 (6) Practice naturopathic medicine naturopathy during
4 the time her or his license is suspended or revoked
5
6 commits shall be guilty of a felony of the third degree,
7 punishable as provided in s. 775.082, s. 775.083, or s.
8 775.084.
9 Section 11. Section 462.18, Florida Statutes, is
10 amended to read:
11 462.18 Educational requirements.--
12 (1) At the time each licensee shall renew her or his
13 license as otherwise provided in this chapter, each licensee,
14 beginning with the license renewal due May 1, 1944, in
15 addition to the payment of the regular renewal fee, shall
16 furnish to the board department satisfactory evidence that, in
17 the year preceding each such application for renewal, the
18 licensee has attended the 2-day educational program as
19 promulgated and conducted by the Florida Naturopathic
20 Physicians Association, Inc., or, as a substitute therefor,
21 the equivalent of that program as approved by the board
22 department. The department shall send a written notice to this
23 effect to every person holding a valid license to practice
24 naturopathic medicine naturopathy within this state at least
25 30 days prior to May 1 in each biennial year, directed to the
26 last known address of such licensee, and shall enclose with
27 the notice proper blank forms for application for annual
28 license renewal. All of the details and requirements of the
29 aforesaid educational program shall be adopted and prescribed
30 by the board department. In the event of national emergencies,
31 or for sufficient reason, the board may department shall have
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1 the power to excuse the naturopathic physicians as a group or
2 as individuals from taking this postgraduate course.
3 (2) The determination of whether a substitute annual
4 educational program is necessary shall be solely within the
5 discretion of the board department.
6 Section 12. Subsection (3) of section 462.19, Florida
7 Statutes, is amended to read:
8 462.19 Renewal of license; inactive status.--
9 (3) A licensee may request that her or his license be
10 placed in an inactive status by making application to the
11 department and paying a fee in an amount set by the department
12 not to exceed $100 $50.
13 Section 13. Section 462.193, Florida Statutes, is
14 created to read:
15 462.193 Licensure by examination; requirements;
16 fees.--
17 (1) Any person desiring to be licensed as a doctor of
18 naturopathic medicine, naturopathic doctor, or naturopathic
19 physician shall apply to the department on forms furnished by
20 the department. The department shall license each applicant
21 who the board certifies:
22 (a) Has completed the application form and remitted a
23 nonrefundable application fee set by the board not to exceed
24 $500.
25 (b) Is at least 21 years of age.
26 (c) Is of good moral character.
27 (d) Has not committed any act or offense in this or
28 any other jurisdiction which would constitute the basis for
29 disciplining a doctor of naturopathic medicine, naturopathic
30 doctor, or naturopathic physician pursuant to s. 462.14.
31
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1 (e) Has been awarded a bachelor's degree from an
2 institution holding accreditation from a regional accrediting
3 agency recognized by the United States Secretary of Education,
4 and which program included, at a minimum and as determined by
5 rule of the board, courses in such fields as anatomy, biology,
6 and chemistry prior to entering naturopathic medical school.
7 (f) Meets one of the following naturopathic medical
8 education and postgraduate training requirements:
9 1. Is a graduate of an approved naturopathic medical
10 program;
11 2. Is a graduate of an approved school of naturopathic
12 medicine which is licensed by the Florida Commission for
13 Independent Education to grant the degree of Doctor of
14 Naturopathic Medicine; or
15 3. Is a graduate of a foreign medical school certified
16 by the Educational Commission for Foreign Medical Graduates
17 (ECFMG) to be examined in the basic and clinical medical
18 sciences, or a graduate of an accredited United States
19 allopathic, chiropractic, or osteopathic medical school, and
20 has completed a 2-year course in naturopathic medicine from an
21 approved naturopathic medical program.
22 (g) Has submitted to the department a set of
23 fingerprints on a form and in accordance with s. 456.039(4)(c)
24 and with procedures specified by the department, along with
25 payment in an amount equal to the costs incurred by the
26 department for the criminal background check of the applicant.
27 (h) Has obtained a passing score on a competency-based
28 national naturopathic licensing examination administered by
29 the North American Board of Naturopathic Examiners or an
30 equivalent agency recognized by the board. For graduates of
31 approved naturopathic schools as defined in s. 462.01(1)(b),
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1 eligibility for licensure may be granted upon presentation of
2 evidence of successful passage of a board-approved state
3 competency examination or a Canadian provincial examination.
4 For graduates of foreign medical schools or allopathic,
5 osteopathic, or chiropractic medical schools who have
6 completed a 2-year course in naturopathic medicine from an
7 approved naturopathic medical program, eligibility for
8 licensure may be granted upon presentation of evidence of
9 successful passage of the applicable medical examinations,
10 parts one and two.
11 (i) Has completed an approved internship or residency
12 of at least 1 year.
13 (j) Is physically and mentally fit to practice as a
14 doctor of naturopathic medicine, naturopathic doctor, or
15 naturopathic physician.
16 (k) Has not had her or his license to practice any
17 profession refused, revoked, or suspended by any other state,
18 district, or territory of the United States or another country
19 for reasons that relate to her or his ability to skillfully
20 and safely practice as a doctor of naturopathic medicine,
21 naturopathic doctor, or naturopathic physician in this state.
22 (l) Has not been found guilty of a felony.
23 (2) As prescribed by board rule, the board may require
24 an applicant who does not pass the licensing examination after
25 five attempts to complete additional remedial education or
26 training. The board shall prescribe the additional
27 requirements in a manner that permits the applicant to
28 complete the requirements and be reexamined within 2 years
29 after the date the applicant petitions the board to retake the
30 examination a sixth or subsequent time.
31
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1 (3) The department and the board shall ensure that
2 applicants for licensure meet the criteria in subsection (1)
3 through an investigative process. When the investigation is
4 not completed within the time set out in s. 120.60(1) and the
5 department or board has reason to believe that the applicant
6 does not meet the criteria, the secretary or the secretary's
7 designee may issue a 90-day licensure delay, which must be in
8 writing and sufficient to notify the applicant of the reason
9 for the delay. This subsection controls over any conflicting
10 provisions of s. 120.60(1).
11 (4) The board may not certify to the department for
12 licensure any applicant who is under investigation in another
13 jurisdiction for an offense that would constitute a violation
14 of this chapter until the investigation has been completed.
15 Upon completion of the investigation, s. 462.14 applies.
16 Furthermore, the department may not issue an unrestricted
17 license to any individual who has committed an act or offense
18 in any jurisdiction which would constitute the basis for
19 disciplining a doctor of naturopathic medicine, naturopathic
20 doctor, or naturopathic physician under s. 462.14. If the
21 board finds that an individual has committed an act or offense
22 in any jurisdiction which would constitute the basis for
23 disciplining a doctor of naturopathic medicine, naturopathic
24 doctor, or naturopathic physician under s. 462.14, the board
25 may enter an order imposing one or more of the sanctions set
26 forth in subsection (7).
27 (5) Each applicant who meets the requirements of this
28 chapter shall be licensed as a doctor of naturopathic
29 medicine, naturopathic doctor, or naturopathic physician, with
30 rights as defined by law.
31
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1 (6) Upon certification by the board, the department
2 shall impose conditions, limitations, or restrictions on a
3 license if the applicant is on probation in another
4 jurisdiction for an act that would constitute a violation of
5 this chapter.
6 (7) If the board determines that an applicant for
7 licensure has failed to meet, to the board's satisfaction, any
8 of the applicable requirements set forth in this section, it
9 may enter an order that imposes one or more of the following
10 sanctions:
11 (a) Refusal to certify to the department an
12 application for licensure.
13 (b) Certification to the department of an application
14 for licensure with restrictions on the scope of practice of
15 the doctor of naturopathic medicine, naturopathic doctor, or
16 naturopathic physician.
17 (c) Certification to the department of an application
18 for licensure with placement of the doctor of naturopathic
19 medicine, naturopathic doctor, or naturopathic physician on
20 probation for a period of time and subject to such conditions
21 as the board specifies, including, but not limited to,
22 requiring the doctor of naturopathic medicine, naturopathic
23 doctor, or naturopathic physician to submit to treatment,
24 attend continuing education courses, submit to reexamination,
25 or work under the supervision of another doctor of
26 naturopathic medicine, naturopathic doctor, or naturopathic
27 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
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1 this section as a doctor of naturopathic medicine,
2 naturopathic doctor, or naturopathic physician has rights and
3 privileges equal to those of physicians licensed under chapter
4 458 or chapter 459.
5 Section 14. Section 462.195, Florida Statutes, is
6 created to read:
7 462.195 Exemptions from naturopathic licensure
8 requirements.--Licensure requirements for practitioners of
9 naturopathic medicine under this chapter do not apply to:
10 (1) A person licensed, certified, or registered in
11 this state who is engaging in the profession or occupation for
12 which he or she is licensed, certified, or registered.
13 (2)(a) Any person providing health care services who
14 is not licensed under chapter 462 and who does not use the
15 title or claim to be a "licensed naturopathic physician,"
16 "naturopathic physician," "doctor of naturopathic medicine,"
17 "licensed doctor of naturopathic medicine," or "naturopathic
18 medicine doctor" in connection with providing health care
19 services or a title after the person's name which signifies
20 completing the requirements of a doctorate degree, in
21 violation of s. 817.567.
22 (b) The use of the terms "natureopathy,"
23 "naturopathy," "naturopathic practitioner," "naturopath," and
24 "naturopathic medicine" by a person providing health care
25 services who is not licensed under chapter 462 is not
26 prohibited.
27 (3) Any individual who is:
28 (a) Engaged in good faith in the practice of the
29 religious tenets of any church or religious belief, without
30 the use of prescription drugs; or
31
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1 (b) Acting in good faith for religious reasons as a
2 matter of conscience or on the basis of a personal belief when
3 obtaining or providing information regarding health care and
4 the use of any product.
5 (4) Any individual who is administering a domestic or
6 family remedy.
7 (5) No provision of this chapter shall be construed to
8 prohibit a physician licensed under chapter 458; an
9 osteopathic physician licensed under chapter 459; a
10 chiropractic physician licensed under chapter 460; a podiatric
11 physician licensed under chapter 461; an optometrist licensed
12 under chapter 463; an advanced registered nurse practitioner,
13 registered nurse, or licensed practical nurse licensed under
14 part I of chapter 464; an occupational therapist licensed
15 under part III of chapter 468; a massage therapist licensed
16 under chapter 480; a physical therapist licensed under chapter
17 486; a psychologist licensed under chapter 490; or a clinical
18 social worker, marriage and family therapist, or mental health
19 counselor licensed under chapter 491 from the lawful practice
20 of her or his profession.
21 (6) This section does not limit or restrict the sale,
22 use, or recommending the use of a dietary supplement or
23 homeopathic remedy.
24 Section 15. Section 462.2001, Florida Statutes, is
25 amended to read:
26 462.2001 Saving clause.--All licenses to practice
27 naturopathic medicine naturopathy issued pursuant to this
28 chapter and valid on July 1, 2006 October 1, 1985, shall
29 remain in full force and effect.
30 Section 16. Section 462.30, Florida Statutes, is
31 created to read:
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1 462.30 Naturopathic Medical Formulary Council.--
2 (1) The Naturopathic Medical Formulary Council is
3 established separately and distinctly from the board, to be
4 composed of seven members. Two members shall be doctors of
5 naturopathic medicine, naturopathic doctors, or naturopathic
6 physicians licensed under this chapter, appointed by the Board
7 of Naturopathic Medicine. Three members shall be pharmacists
8 licensed under chapter 465, appointed by the Board of
9 Naturopathic Medicine from a list of nominees provided by the
10 Board of Pharmacy. Two members shall be physicians licensed
11 under chapter 458, appointed by the Board of Naturopathic
12 Medicine from a list of nominees provided by the Board of
13 Medicine. The initial council shall be appointed as follows:
14 One doctor of naturopathic medicine, naturopathic doctor, or
15 naturopathic physician shall be appointed for a 1-year term;
16 one physician licensed under chapter 458 and one pharmacist
17 shall each be appointed for a 2-year term; and two
18 pharmacists, one doctor of naturopathic medicine, naturopathic
19 doctor, or naturopathic physician, and one physician licensed
20 under chapter 458 shall each be appointed for a 3-year term.
21 Thereafter, the term of office shall be for 3 years. A quorum
22 shall consist of five members and shall be required for any
23 vote taken.
24 (2) The council shall establish a formulary for use by
25 naturopathic physicians, and, immediately upon adoption
26 revision of the formulary, the council shall transmit the
27 approved formulary to the board, which shall adopt the
28 formulary by temporary rule. The formulary shall be reviewed
29 annually by the council or at any time at the request of the
30 board. The formulary may not go beyond the scope of
31 prescription medicines and medical devices covered by approved
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1 naturopathic medical education and training and existing
2 naturopathic medical formularies or board-approved continuing
3 education. The naturopathic medical formulary may not include
4 medicines and devices that are inconsistent with the training
5 provided by approved naturopathic medical colleges or
6 universities. This section does not authorize a doctor of
7 naturopathic medical colleges or universities. This section
8 does not authorize a doctor of naturopathic medicine,
9 naturopathic doctor, or naturopathic physician to dispense,
10 administer, or prescribe any prescription drug as defined in
11 s. 893,03 or medical device unless such prescription drug or
12 medical device is specifically included in the naturopathic
13 medical formulary.
14 Section 17. Section 462.40, Florida Statutes, is
15 created to read:
16 462.40 Disclosure of medications by patients.--A
17 patient who is provided prescriptions for medication,
18 nutrients, or other natural medicine substances by his or her
19 treating doctor of naturopathic medicine, naturopathic doctor,
20 or naturopathic physician shall advise his or her primary care
21 physician or other treating health care provider of the
22 medications or substances that have been prescribed or
23 recommended by his or her doctor of naturopathic medicine,
24 naturopathic doctor, or naturopathic physician. Doctors of
25 naturopathic medicine, naturopathic doctors, or naturopathic
26 physicians shall advise their patients of this requirement in
27 writing, maintain a signed copy of the disclosure in the
28 medical records of that patient, and provide a copy of the
29 disclosure to their patients upon request. Failure of any
30 patient to disclose medication prescribed by a doctor of
31 naturopathic medicine, naturopathic doctor, or naturopathic
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1 physician as required by this section shall establish a
2 presumption that subsequent injuries sustained by such patient
3 were caused by the failure to disclose medication prescribed
4 by a doctor of naturopathic medicine, naturopathic doctor, or
5 naturopathic physician. This presumption may be rebutted by
6 clear and convincing evidence that such patient's injuries
7 were caused by the negligence of the primary care physician.
8 Section 18. Doctors of naturopathic medicine,
9 naturopathic doctors, or naturopathic physicians who hold a
10 license on the effective date of this act shall retain the
11 same rights and privileges as they had before implementation
12 of the amendments to chapter 462, Florida Statutes, by this
13 act.
14 Section 19. Paragraph (g) of subsection (3) of section
15 20.43, Florida Statutes, is amended to read:
16 20.43 Department of Health.--There is created a
17 Department of Health.
18 (3) The following divisions of the Department of
19 Health are established:
20 (g) Division of Medical Quality Assurance, which is
21 responsible for the following boards and professions
22 established within the division:
23 1. The Board of Acupuncture, created under chapter
24 457.
25 2. The Board of Medicine, created under chapter 458.
26 3. The Board of Osteopathic Medicine, created under
27 chapter 459.
28 4. The Board of Chiropractic Medicine, created under
29 chapter 460.
30 5. The Board of Podiatric Medicine, created under
31 chapter 461.
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1 6. The Board of Licensed Naturopathic Physicians
2 Naturopathy, created as provided under chapter 462.
3 7. The Board of Optometry, created under chapter 463.
4 8. The Board of Nursing, created under part I of
5 chapter 464.
6 9. Nursing assistants, as provided under part II of
7 chapter 464.
8 10. The Board of Pharmacy, created under chapter 465.
9 11. The Board of Dentistry, created under chapter 466.
10 12. Midwifery, as provided under chapter 467.
11 13. The Board of Speech-Language Pathology and
12 Audiology, created under part I of chapter 468.
13 14. The Board of Nursing Home Administrators, created
14 under part II of chapter 468.
15 15. The Board of Occupational Therapy, created under
16 part III of chapter 468.
17 16. Respiratory therapy, as provided under part V of
18 chapter 468.
19 17. Dietetics and nutrition practice, as provided
20 under part X of chapter 468.
21 18. The Board of Athletic Training, created under part
22 XIII of chapter 468.
23 19. The Board of Orthotists and Prosthetists, created
24 under part XIV of chapter 468.
25 20. Electrolysis, as provided under chapter 478.
26 21. The Board of Massage Therapy, created under
27 chapter 480.
28 22. The Board of Clinical Laboratory Personnel,
29 created under part III of chapter 483.
30 23. Medical physicists, as provided under part IV of
31 chapter 483.
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1 24. The Board of Opticianry, created under part I of
2 chapter 484.
3 25. The Board of Hearing Aid Specialists, created
4 under part II of chapter 484.
5 26. The Board of Physical Therapy Practice, created
6 under chapter 486.
7 27. The Board of Psychology, created under chapter
8 490.
9 28. School psychologists, as provided under chapter
10 490.
11 29. The Board of Clinical Social Work, Marriage and
12 Family Therapy, and Mental Health Counseling, created under
13 chapter 491.
14 Section 20. Subsection (1) of section 381.0031,
15 Florida Statutes, is amended to read:
16 381.0031 Report of diseases of public health
17 significance to department.--
18 (1) Any practitioner licensed in this state to
19 practice medicine, osteopathic medicine, chiropractic
20 medicine, naturopathic medicine naturopathy, or veterinary
21 medicine; any hospital licensed under part I of chapter 395;
22 or any laboratory licensed under chapter 483 that diagnoses or
23 suspects the existence of a disease of public health
24 significance shall immediately report the fact to the
25 Department of Health.
26
27 This section does not affect s. 384.25.
28 Section 21. Subsection (10) of section 468.301,
29 Florida Statutes, is amended to read:
30 468.301 Definitions.--As used in this part, the term:
31
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1 (10) "Licensed practitioner" means a person who is
2 licensed or otherwise authorized by law to practice medicine,
3 podiatric medicine, chiropody, osteopathic medicine,
4 naturopathic medicine naturopathy, or chiropractic medicine in
5 this state.
6 Section 22. Section 476.044, Florida Statutes, is
7 amended to read:
8 476.044 Exemptions.--This chapter does not apply to
9 the following persons when practicing pursuant to their
10 professional responsibilities and duties:
11 (1) Persons authorized under the laws of this state to
12 practice medicine, surgery, osteopathic medicine, chiropractic
13 medicine, naturopathic medicine naturopathy, or podiatric
14 medicine;
15 (2) Commissioned medical or surgical officers of the
16 United States Armed Forces hospital service;
17 (3) Licensed nurses under the laws of this state;
18 (4) Persons practicing cosmetology under the laws of
19 this state;
20 (5) Persons employed in federal, state, or local
21 institutions, hospitals, or military bases as barbers whose
22 practice is limited to the inmates, patients, or authorized
23 military personnel of such institutions, hospitals, or bases;
24 (6) Persons who practice only shampooing as defined in
25 s. 477.013 and whose practice is limited to the acts described
26 therein; or
27 (7) Persons whose occupation or practice is confined
28 solely to cutting, trimming, polishing, or cleansing the
29 fingernails of any person when said cutting, trimming,
30 polishing, or cleansing is done in a barbershop licensed
31 pursuant to this chapter which is carrying on a regular and
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1 customary business of barbering, and such individual has been
2 practicing the activities set forth in this subsection prior
3 to October 1, 1985.
4 Section 23. Paragraph (a) of subsection (1) of section
5 477.0135, Florida Statutes, is amended to read:
6 477.0135 Exemptions.--
7 (1) This chapter does not apply to the following
8 persons when practicing pursuant to their professional or
9 occupational responsibilities and duties:
10 (a) Persons authorized under the laws of this state to
11 practice medicine, surgery, osteopathic medicine, chiropractic
12 medicine, massage, naturopathic medicine naturopathy, or
13 podiatric medicine.
14 Section 24. Subsections (2) and (3) of section
15 485.003, Florida Statutes, are amended to read:
16 485.003 Definitions.--In construing this chapter, the
17 words, phrases, or terms, unless the context otherwise
18 indicates, shall have the following meanings:
19 (2) "Healing arts" shall mean the practice of
20 medicine, surgery, psychiatry, dentistry, osteopathic
21 medicine, chiropractic medicine, naturopathic medicine
22 naturopathy, podiatric medicine, chiropody, psychology,
23 clinical social work, marriage and family therapy, mental
24 health counseling, and optometry.
25 (3) "Practitioner of the healing arts" shall mean a
26 person licensed under the laws of the state to practice
27 medicine, surgery, psychiatry, dentistry, osteopathic
28 medicine, chiropractic medicine, naturopathic medicine
29 naturopathy, podiatric medicine, chiropody, psychology,
30 clinical social work, marriage and family therapy, mental
31 health counseling, or optometry within the scope of his or her
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1 professional training and competence and within the purview of
2 the statutes applicable to his or her respective profession,
3 and who may refer a patient for treatment by a qualified
4 person, who shall employ hypnotic techniques under the
5 supervision, direction, prescription, and responsibility of
6 such referring practitioner.
7 Section 25. Subsection (1) of section 486.161, Florida
8 Statutes, is amended to read:
9 486.161 Exemptions.--
10 (1) No provision of this chapter shall be construed to
11 prohibit any person licensed in this state from using any
12 physical agent as a part of, or incidental to, the lawful
13 practice of her or his profession under the statutes
14 applicable to the profession of chiropractic physician,
15 podiatric physician, doctor of medicine, massage therapist,
16 nurse, osteopathic physician or surgeon, occupational
17 therapist, or doctor of naturopathic medicine, naturopathic
18 doctor, or naturopathic physician naturopath.
19 Section 26. Paragraph (h) of subsection (4) of section
20 627.351, Florida Statutes, is amended to read:
21 627.351 Insurance risk apportionment plans.--
22 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.--
23 (h) As used in this subsection:
24 1. "Health care provider" means hospitals licensed
25 under chapter 395; physicians licensed under chapter 458;
26 osteopathic physicians licensed under chapter 459; podiatric
27 physicians licensed under chapter 461; dentists licensed under
28 chapter 466; chiropractic physicians licensed under chapter
29 460; doctors of naturopathic medicine, naturopathic doctors,
30 or naturopathic physicians naturopaths licensed under chapter
31 462; nurses licensed under part I of chapter 464; midwives
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1 licensed under chapter 467; clinical laboratories registered
2 under chapter 483; physician assistants licensed under chapter
3 458 or chapter 459; physical therapists and physical therapist
4 assistants licensed under chapter 486; health maintenance
5 organizations certificated under part I of chapter 641;
6 ambulatory surgical centers licensed under chapter 395; other
7 medical facilities as defined in subparagraph 2.; blood banks,
8 plasma centers, industrial clinics, and renal dialysis
9 facilities; or professional associations, partnerships,
10 corporations, joint ventures, or other associations for
11 professional activity by health care providers.
12 2. "Other medical facility" means a facility the
13 primary purpose of which is to provide human medical
14 diagnostic services or a facility providing nonsurgical human
15 medical treatment, to which facility the patient is admitted
16 and from which facility the patient is discharged within the
17 same working day, and which facility is not part of a
18 hospital. However, a facility existing for the primary purpose
19 of performing terminations of pregnancy or an office
20 maintained by a physician or dentist for the practice of
21 medicine shall not be construed to be an "other medical
22 facility."
23 3. "Health care facility" means any hospital licensed
24 under chapter 395, health maintenance organization
25 certificated under part I of chapter 641, ambulatory surgical
26 center licensed under chapter 395, or other medical facility
27 as defined in subparagraph 2.
28 Section 27. Subsection (19) of section 893.02, Florida
29 Statutes, is amended to read:
30
31
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1 893.02 Definitions.--The following words and phrases
2 as used in this chapter shall have the following meanings,
3 unless the context otherwise requires:
4 (19) "Practitioner" means a physician licensed
5 pursuant to chapter 458, a dentist licensed pursuant to
6 chapter 466, a veterinarian licensed pursuant to chapter 474,
7 an osteopathic physician licensed pursuant to chapter 459, a
8 doctor of naturopathic medicine, naturopathic doctor, or
9 naturopathic physician naturopath licensed pursuant to chapter
10 462, or a podiatric physician licensed pursuant to chapter
11 461, provided such practitioner holds a valid federal
12 controlled substance registry number.
13 Section 28. Paragraph (g) of subsection (3) of section
14 921.0022, Florida Statutes, is amended to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18
19 Florida Felony
20 Statute Degree Description
21
22
23 (g) LEVEL 7
24 316.027(1)(b) 2nd Accident involving death, failure
25 to stop; leaving scene.
26 316.193(3)(c)2. 3rd DUI resulting in serious bodily
27 injury.
28
29
30
31
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
31
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1 462.17 3rd Practicing naturopathic medicine
2 naturopathy without a license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29
30
31
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 775.21(10)(a) 3rd Sexual predator; failure to
14 register; failure to renew
15 driver's license or
16 identification card; other
17 registration violations.
18 775.21(10)(b) 3rd Sexual predator working where
19 children regularly congregate.
20 775.21(10)(g) 3rd Failure to report or providing
21 false information about a sexual
22 predator; harbor or conceal a
23 sexual predator.
24 782.051(3) 2nd Attempted felony murder of a
25 person by a person other than the
26 perpetrator or the perpetrator of
27 an attempted felony.
28 782.07(1) 2nd Killing of a human being by the
29 act, procurement, or culpable
30 negligence of another
31 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.048(7) 3rd Aggravated stalking; violation of
19 court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.074(1)(a) 1st Aggravated battery on sexually
23 violent predators facility staff.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
31
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.165(2) 2nd Manufacture, sell, possess, or
9 deliver hoax bomb.
10 790.165(3) 2nd Possessing, displaying, or
11 threatening to use any hoax bomb
12 while committing or attempting to
13 commit a felony.
14 790.166(3) 2nd Possessing, selling, using, or
15 attempting to use a hoax weapon
16 of mass destruction.
17 790.166(4) 2nd Possessing, displaying, or
18 threatening to use a hoax weapon
19 of mass destruction while
20 committing or attempting to
21 commit a felony.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
31
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a)1. 1st Property stolen, valued at
10 $100,000 or more; property stolen
11 while causing other property
12 damage; 1st degree grand theft.
13 812.014(2)(b)2. 2nd Property stolen, cargo valued at
14 less than $50,000, grand theft in
15 2nd degree.
16 812.014(2)(b)3. 2nd Property stolen, emergency
17 medical equipment; 2nd degree
18 grand theft.
19 812.0145(2)(a) 1st Theft from person 65 years of age
20 or older; $50,000 or more.
21 812.019(2) 1st Stolen property; initiates,
22 organizes, plans, etc., the theft
23 of property and traffics in
24 stolen property.
25 812.131(2)(a) 2nd Robbery by sudden snatching.
26 812.133(2)(b) 1st Carjacking; no firearm, deadly
27 weapon, or other weapon.
28 817.234(8)(a) 2nd Solicitation of motor vehicle
29 accident victims with intent to
30 defraud.
31
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1 817.234(9) 2nd Organizing, planning, or
2 participating in an intentional
3 motor vehicle collision.
4 817.234(11)(c) 1st Insurance fraud; property value
5 $100,000 or more.
6 817.2341(2)(b)&
7 (3)(b) 1st Making false entries of material
8 fact or false statements
9 regarding property values
10 relating to the solvency of an
11 insuring entity which are a
12 significant cause of the
13 insolvency of that entity.
14 825.102(3)(b) 2nd Neglecting an elderly person or
15 disabled adult causing great
16 bodily harm, disability, or
17 disfigurement.
18 825.103(2)(b) 2nd Exploiting an elderly person or
19 disabled adult and property is
20 valued at $20,000 or more, but
21 less than $100,000.
22 827.03(3)(b) 2nd Neglect of a child causing great
23 bodily harm, disability, or
24 disfigurement.
25 827.04(3) 3rd Impregnation of a child under 16
26 years of age by person 21 years
27 of age or older.
28 837.05(2) 3rd Giving false information about
29 alleged capital felony to a law
30 enforcement officer.
31 838.015 2nd Bribery.
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1 838.016 2nd Unlawful compensation or reward
2 for official behavior.
3 838.021(3)(a) 2nd Unlawful harm to a public
4 servant.
5 838.22 2nd Bid tampering.
6 847.0135(3) 3rd Solicitation of a child, via a
7 computer service, to commit an
8 unlawful sex act.
9 872.06 2nd Abuse of a dead human body.
10 893.13(1)(c)1. 1st Sell, manufacture, or deliver
11 cocaine (or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4.) within 1,000 feet of a
15 child care facility, school, or
16 state, county, or municipal park
17 or publicly owned recreational
18 facility or community center.
19 893.13(1)(e)1. 1st Sell, manufacture, or deliver
20 cocaine or other drug prohibited
21 under s. 893.03(1)(a), (1)(b),
22 (1)(d), (2)(a), (2)(b), or
23 (2)(c)4., within 1,000 feet of
24 property used for religious
25 services or a specified business
26 site.
27 893.13(4)(a) 1st Deliver to minor cocaine (or
28 other s. 893.03(1)(a), (1)(b),
29 (1)(d), (2)(a), (2)(b), or
30 (2)(c)4. drugs).
31
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 25 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135
26 (1)(h)1.a. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 1 kilogram or more, less than 5
29 kilograms.
30
31
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1 893.135
2 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (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.
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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 29. This act shall take effect July 1, 2006.
18
19 *****************************************
20 SENATE SUMMARY
21 Replaces the word "naturopathy" with the phrase
"naturopathic medicine." Creates a Board of Licensed
22 Naturopathic Physicians. Provides membership and duties.
Authorizes the board to adopt rules. Provides the duties
23 of the board with respect to disciplinary actions.
Provides penalties. Provides requirements for licensure
24 as a naturopathic physician. Establishes a naturopathic
medical formulary council. (See bill for details.)
25
26
27
28
29
30
31
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