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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to naturopathic medicine; 2
redesignating the title of ch. 462, F.S., from 3
"Naturopathy" to "Naturopathic Medicine"; creating s. 4
462.001, F.S.; providing legislative findings and 5
purpose; creating s. 462.002, F.S.; providing 6
applicability and construction; renumbering and 7
amending s. 462.01, F.S.; revising and defining terms; 8
creating s. 462.004, F.S.; creating the Board of 9
Naturopathic Medicine within the Department of Health; 10
providing for membership of the board; requiring the 11
board, in conjunction with the department, to 12
establish a disciplinary training program for board 13
members; providing requirements for the program; 14
providing that board members may not participate in 15
probable cause panels or disciplinary decisions unless 16
they have completed the training program; requiring 17
board members appointed to probable cause panels to 18
attempt to complete their work on every case presented 19
to them; authorizing board members to reconvene a 20
probable cause panel under certain circumstances; 21
providing applicability; renumbering and amending s. 22
462.023, F.S.; authorizing the board to adopt rules; 23
deleting obsolete language; creating s. 462.006, F.S.; 24
prohibiting certain unlicensed persons from practicing 25
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naturopathic medicine or promoting, identifying, or 26
describing themselves using specified titles or 27
abbreviations; providing construction; creating ss. 28
462.007 and 462.008, F.S.; providing for licensure by 29
examination and by endorsement, respectively, of 30
naturopathic physicians; requiring the department and 31
the board to use an investigative process to ensure 32
that applicants meet the applicable criteria; 33
authorizing the State Surgeon General or her or his 34
designee to issue a 90 -day licensure delay under 35
certain circumstances; providing construction; 36
prohibiting the board from certifying for licensure 37
certain applicants until a certain investigation is 38
completed; providing applicability; prohibiting the 39
department from issuing a license to certain 40
applicants until the board has reviewed the 41
application and cert ified the applicant for licensure; 42
authorizing the board to enter an order imposing 43
certain sanctions against or conditions on an 44
applicant for licensure under certain circumstances; 45
renumbering and amending s. 462.08, F.S.; revising 46
requirements for licen sure renewal for naturopathic 47
physicians; requiring the department to adopt rules; 48
renumbering and amending s. 462.18, F.S.; revising 49
continuing education requirements for naturopathic 50
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physicians; requiring naturopathic physicians to use 51
the department's electronic continuing education 52
tracking system to demonstrate compliance with 53
continuing education requirements; renumbering and 54
amending s. 462.19, F.S.; revising provisions related 55
to reactivation of inactive naturopathic physician 56
licenses; requiring th e board to adopt rules relating 57
to the reactivation of inactive licenses; providing 58
requirements for the rules; authorizing the board to 59
adopt rules to determine certain fees; prohibiting the 60
department from reactivating a license until certain 61
conditions have been met; renumbering and amending s. 62
462.11, F.S.; conforming a provision to changes made 63
by the act; creating s. 462.014, F.S.; requiring the 64
board to adopt rules providing for the handling of 65
medical records by licensed naturopathic physicians; 66
providing requirements for such rules; creating s. 67
462.015, F.S.; providing financial responsibility 68
requirements as a condition of licensure for 69
naturopathic physicians; providing exemptions from 70
such requirements; requiring certain insuring entities 71
to promptly notify the department of a naturopathic 72
physician's cancellation or nonrenewal of insurance; 73
requiring the department to suspend the license of a 74
naturopathic physician under certain circumstances 75
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until the licensee demonstrates compliance with 76
specified requirements; providing applicability; 77
requiring certain naturopathic physicians to provide a 78
specified notice to their patients; providing 79
requirements for the notice; providing for permanent 80
disqualification from any exemption from the financial 81
responsibility requirements, and for disciplinary 82
action, for specified conduct; requiring certain 83
naturopathic physicians to notify the department in 84
writing of any change in circumstance and demonstrate 85
compliance with certain requirements; requiring the 86
department to suspend the license of a naturopathic 87
physician under certain circumstances until certain 88
requirements are met; providing applicability; 89
requiring the board to adopt rules; renumbering and 90
amending s. 462.13, F.S.; conforming a provision to 91
changes made by the act; renumbering and amending s. 92
462.14, F.S.; revising grounds for disciplinary 93
action; providing construction; providing for 94
disciplinary actions by the board and department; 95
providing for the standard of proof in certain 96
administrative actions; providing requirements for the 97
reinstatement of a license for certain persons; 98
providing requirements for disciplinary guidelines 99
adopted by the board; providing requirements and 100
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procedures for the department's receipt of certain 101
closed claims and reports involving a licensed 102
naturopathic physician; authorizing the department to 103
bring an action to enjoin a naturopathic physician 104
from providing medical services under certain 105
circumstances; requiring the department to promptly 106
furnish certain document s to a naturopathic physician 107
or her or his attorney upon undertaking an 108
investigation of the naturopathic physician; 109
authorizing a naturopathic physician who is the 110
subject of such investigation to submit a written 111
response within a specified timeframe; r equiring the 112
response to be considered by the probable cause panel, 113
if held on the matter; creating s. 462.018, F.S.; 114
prohibiting licensed naturopathic physicians from 115
holding themselves out as board -certified specialists 116
unless certified by the board regu lating such 117
specialty; authorizing licensed naturopathic 118
physicians to accurately indicate or state which 119
services or types of services they provide within the 120
scope of practice of naturopathic medicine; 121
renumbering and amending s. 462.17, F.S.; providing 122
criminal penalties for specified violations relating 123
to the practice of naturopathic medicine; creating s. 124
462.024, F.S.; providing that patients are responsible 125
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for advising treating health care practitioners about 126
any legend drugs, nutrients, or natural medicinal 127
substances that a naturopathic physician has 128
prescribed or recommended to the patient; requiring 129
naturopathic physicians to advise their patients of 130
such responsibility; creating a rebuttable presumption 131
that certain injuries sustained by a patie nt are 132
caused by her or his failure to disclose such 133
information as required; providing for the rebuttal of 134
such presumption under certain circumstances; 135
providing construction; providing that a naturopathic 136
physician is not required to confirm whether a p atient 137
has disclosed this information to another treating 138
health care practitioner; creating s. 462.025, F.S.; 139
establishing the Naturopathic Medical Formulary 140
Council, separate and distinct from the board; 141
providing for membership of the council; requiring the 142
council to establish the Naturopathic Medical 143
Formulary; providing requirements for the formulary; 144
requiring the council to review the formulary annually 145
and at any time upon board request; providing that 146
naturopathic physicians may prescribe, adminis ter, and 147
dispense only those drugs included in the formulary; 148
providing construction; creating s. 462.026, F.S.; 149
providing severability; renumbering s. 462.09, F.S., 150
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relating to disposition of fees; repealing s. 462.16, 151
F.S., relating to reissue of license ; repealing s. 152
462.2001, F.S., relating to saving clause; amending s. 153
921.0022, F.S.; conforming a cross -reference; 154
providing an effective date. 155
156
Be It Enacted by the Legislature of the State of Florida: 157
158
Section 1. Chapter 462, Florida Statutes, entitled 159
"Naturopathy," is redesignated as "Naturopathic Medicine." 160
Section 2. Section 462.001, Florida Statutes, is created 161
to read: 162
462.001 Legislative findings; purpose. — 163
(1) The Legislature finds that a significant number of 164
this state's residents choose naturopathic medicine for their 165
health care needs, and the Legislature acknowledges that 166
naturopathic medicine is a distinct health care profession that 167
affects the public health, safety, and welfare and contributes 168
to freedom of choice in heal th care. 169
(2) The purpose of this chapter is to provide standards 170
for the licensing and regulation of naturopathic physicians in 171
order to protect the public health, safety, and welfare; to 172
ensure that naturopathic health care provided by qualified 173
naturopathic physicians is available to residents of this state; 174
and to provide a means of identifying qualified naturopathic 175
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physicians. 176
Section 3. Section 462.002, Florida Statutes, is created 177
to read: 178
462.002 Exceptions. — 179
(1) This chapter does not appl y to: 180
(a) Other duly licensed health care practitioners acting 181
within their scopes of practice, as authorized by statute. 182
(b) Students practicing under the direct supervision of a 183
licensed naturopathic physician as part of a preceptorship 184
program while enrolled in a college or university program that 185
is accredited by, or has candidacy status with, the Council on 186
Naturopathic Medical Education or an equivalent accrediting body 187
for the naturopathic medical profession which is recognized by 188
the United States Department of Education and the board. 189
(c) Naturopathic residents practicing under the direct 190
supervision of a licensed naturopathic physician at a residency 191
site recognized by the Council on Naturopathic Medical Education 192
or by an equivalent accredit ing body for the naturopathic 193
medical profession which is recognized by the United States 194
Department of Education and the board. 195
(d) The practice of the religious tenets of any church in 196
this state. 197
(e) The domestic administration of recognized family 198
remedies. 199
(2) This chapter may not be construed to prohibit any 200
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service rendered by a person if such service is rendered under 201
the direct supervision and control of a licensed naturopathic 202
physician who is available if needed, provides specific 203
direction for any service to be performed, and gives final 204
approval for all services performed. 205
Section 4. Section 462.01, Florida Statutes, is renumbered 206
as section 462.003, Florida Statutes, and amended to read: 207
462.003 462.01 Definitions.—As used in this chapter, the 208
term: 209
(1) "Board" means the Board of Naturopathic Medicine 210
"Natureopathy" and "Naturopathy" shall be construed as 211
synonymous terms and mean the use and practice of psychological, 212
mechanical, and material health sciences to aid in purifying, 213
cleansing, and normalizing human tissues for the preservation or 214
restoration of health, according to the fundamental principles 215
of anatomy, physiology, and applied psychology, as may be 216
required. Naturopathic practice employs, among other agencies, 217
phytotherapy, dietetics, psychotherapy, suggestotherapy, 218
hydrotherapy, zone therapy, biochemistry, external applications, 219
electrotherapy, mechanotherapy, mechanical and electrical 220
appliances, hygiene, first aid, sanitation, and heliotherapy; 221
provided, however, tha t nothing in this chapter shall be held or 222
construed to authorize any naturopathic physician licensed 223
hereunder to practice materia medica or surgery or chiropractic 224
medicine, nor shall the provisions of this law in any manner 225
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apply to or affect the practi ce of osteopathic medicine, 226
chiropractic medicine, Christian Science, or any other treatment 227
authorized and provided for by law for the cure or prevention of 228
disease and ailments . 229
(2) "Department" means the Department of Health. 230
(3) "Division" means th e Division of Medical Quality 231
Assurance of the department. 232
(4) "Legend drug" has the same meaning as "prescription 233
drug" as defined in s. 499.003. 234
(5) "Naturopathic doctoral degree" means the "Doctor of 235
Naturopathic Medicine," "Doctor of Naturopathy," or "Diploma of 236
Naturopathic Medicine" degree, designated as "N.D." or "N.M.D.," 237
from a college or university that is accredited by, or has 238
candidacy with, the Council on Naturopathic Medical Education or 239
an equivalent accrediting body for the naturopathic medical 240
profession which is recognized by the United States Department 241
of Education and the board. When referring to a naturopathic 242
school of medicine degree, each of these degrees must be 243
construed as equivalent to each other. 244
(6) "Naturopathic Medical Formulary" or "formulary" means 245
the Naturopathic Medical Formulary established under s. 462.025, 246
which authorizes licensed naturopathic physicians to prescribe, 247
dispense, and administer specific legend drugs that are 248
consistent with the practice of naturop athic medicine. 249
(7) "Naturopathic physician" means a person licensed to 250
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practice naturopathic medicine under this chapter. 251
(8) "Naturopathic therapeutic order" means a set of 252
guidelines to help naturopathic physicians completely resolve a 253
patient's symptoms and address the underlying cause while using 254
the least force necessary. 255
(9)(a) "Practice of naturopathic medicine" means the 256
diagnosis, prevention, treatment, and prescription of lifestyle 257
change, natural medicines, including vitamins, minerals, di etary 258
supplements, botanical medicines, medicinal fungi, and 259
homeopathic medicines, and legend drugs as specified by the 260
Naturopathic Medical Formulary established under s. 462.025 261
which are provided and administered, through the appropriate 262
route of administration, by a naturopathic physician for 263
preventative and therapeutic purposes for any human disease, 264
pain, injury, deformity, or other physical or mental condition; 265
which is based on and consistent with the naturopathic 266
educational standards and require ments of the Council on 267
Naturopathic Medical Education or an equivalent accrediting body 268
for the naturopathic medical profession which is recognized by 269
the United States Department of Education and the board; and 270
which emphasizes the importance of the prin ciples of 271
naturopathic medicine and the naturopathic therapeutic order in 272
the maintenance and restoration of health. 273
(b) The term does not include any of the following: 274
1. Prescribing, dispensing, or administering any legend 275
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drug other than those autho rized under the Naturopathic Medical 276
Formulary established under s. 462.025. 277
2. Performing any surgical procedure. 278
3. Practicing or claiming to practice as a medical doctor 279
or physician, an osteopathic physician, a dentist, a podiatric 280
physician, an optometrist, a psychologist, a nurse practitioner, 281
a physician assistant, a chiropractic physician, a physical 282
therapist, an acupuncturist, a midwife, or any other health care 283
practitioner as defined in s. 456.001. 284
4. Using general or spinal anesthetics. 285
5. Administering ionizing radioactive substances. 286
6. Performing chiropractic or osteopathic adjustments or 287
manipulations that include high –velocity thrusts at or beyond 288
the end range of normal joint motion, unless the naturopathic 289
physician is also lice nsed as a chiropractic physician or an 290
osteopathic physician. 291
7. Performing acupuncture, unless the naturopathic 292
physician is also licensed as an acupuncturist. 293
8. Prescribing, dispensing, or administering for cosmetic 294
purposes any nonprescription drug or legend drug listed in the 295
Naturopathic Medical Formulary. 296
(10) "Preceptorship program" means a component of a 297
naturopathic doctoral degree program which allows naturopathic 298
medical students to observe health care practitioners while 299
attending patients, giving naturopathic medical students a wide 300
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variety of experiences in different health care settings in 301
order to develop clinical knowledge, attitudes, and skills 302
relevant to the role of a naturopathic physician. 303
(11) "Principles of naturopathic medic ine" means the 304
foundations of naturopathic medical education and practice as 305
set forth by the American Association of Naturopathic 306
Physicians, including all of the following principles: 307
(a) The healing power of nature. 308
(b) Identify and treat the causes . 309
(c) First do no harm. 310
(d) Doctor as teacher. 311
(e) Treat the whole person. 312
(f) Prevention. 313
Section 5. Section 462.004, Florida Statutes, is created 314
to read: 315
462.004 Board of Naturopathic Medicine. — 316
(1) There is created within the department the Board of 317
Naturopathic Medicine, composed of seven members appointed by 318
the Governor and confirmed by the Senate. 319
(2)(a) Five members of the board must be licensed 320
naturopathic physicians in good standing in this state who are 321
residents of this state . 322
(b) Two members must be residents of this state who are 323
not, and have never been, licensed health care practitioners. 324
(c) At least one member must be 55 years of age or older. 325
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(3) For the purpose of staggering terms, the Governor 326
shall initially appoint to the board three members for terms of 327
4 years each, two members for terms of 3 years each, and two 328
members for terms of 2 years each. As the terms of board members 329
expire, the Governor shall appoint successors for terms of 4 330
years, and such members shall serve until their successors are 331
appointed. 332
(4) The board, in conjunction with the department, shall 333
establish a disciplinary training program for members of the 334
board. The program must provide for initial and, thereafter, 335
periodic training on the grounds for disciplinary action, the 336
actions that may be taken by the board and the department, 337
changes in relevant statutes and rules, and any relevant 338
judicial and administrative decisions. A member of the board may 339
not participate on a probable cause p anel or in a disciplinary 340
decision of the board unless she or he has completed the 341
disciplinary training program. 342
(5) During the terms of service of members of the board on 343
a probable cause panel, such members shall attempt to complete 344
their work on every case presented to them. If consideration of 345
a case has begun but is not completed during the terms of 346
service of the board members on the panel, the board members may 347
reconvene as a probable cause panel for the purpose of 348
completing their deliberations o n that case. 349
(6) All provisions of chapter 456 relating to activities 350
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of boards apply to the board. 351
Section 6. Section 462.023, Florida Statutes, is 352
renumbered as section 462.005, Florida Statutes, and amended to 353
read: 354
462.005 462.023 Rulemaking authority; powers and duties of 355
the board department.—The board department may adopt such rules 356
pursuant to ss. 120.536(1) and 120.54 to implement the 357
provisions of this chapter conferring duties upon it and as are 358
necessary to carry out the purposes of this chapter, may 359
initiate disciplinary action as provided by this chapter, and 360
shall establish fees based on its estimates of the revenue 361
required to administer this chapter but shall not exceed the fee 362
amounts provided in this chapter. The department shall n ot adopt 363
any rules which would cause any person who was not licensed in 364
accordance with this chapter on July 1, 1959, and had not been a 365
resident of the state for 2 years prior to such date, to become 366
licensed. 367
Section 7. Section 462.006, Florida Statu tes, is created 368
to read: 369
462.006 License required. —Unless licensed under this 370
chapter, a person may not practice naturopathic medicine in this 371
state and may not promote, identify, or describe himself or 372
herself as a "doctor of naturopathic medicine," a " naturopathic 373
doctor," a "doctor of naturopathy," or a "naturopathic 374
physician" or use the abbreviations "N.D." or "N.M.D." However, 375
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this section may not be construed to prohibit any person 376
licensed in this state under any other law from engaging in the 377
practice for which she or he is licensed. 378
Section 8. Section 462.007, Florida Statutes, is created 379
to read: 380
462.007 Licensure by examination. — 381
(1) Any person desiring to be licensed as a naturopathic 382
physician must apply to the department on forms fur nished by the 383
department. The department shall license each applicant who 384
completes the application form and who the board certifies has 385
met all of the following criteria: 386
(a) Is at least 21 years of age. 387
(b) Has received a bachelor's degree from one o f the 388
following: 389
1. A college or university accredited by an accrediting 390
agency recognized by the United States Department of Education 391
or the Council for Higher Education Accreditation or its 392
successor entity. 393
2. A college or university in Canada whic h is a member of 394
Universities Canada. 395
3. A college or university in a foreign country and has 396
provided evidence that her or his educational credentials are 397
deemed equivalent to those provided in this country. To have 398
educational credentials deemed equiva lent, the applicant must 399
provide her or his foreign educational credentials, including 400
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transcripts, course descriptions or syllabi, and diplomas, to a 401
nationally recognized educational credential evaluating agency 402
approved by the board for the evaluation a nd determination of 403
equivalency of the foreign educational credentials. 404
(c) Has received a naturopathic doctoral degree from a 405
college or program accredited by the Council on Naturopathic 406
Medical Education or another accrediting agency recognized by 407
the United States Department of Education. 408
(d) Is physically and mentally fit to practice as a 409
naturopathic physician. 410
(e) Is of good moral character and has not: 411
1. Committed any act or offense in this or any other 412
jurisdiction which would constitute th e basis for disciplining a 413
naturopathic physician pursuant to s. 462.017. 414
2. Had an application for licensure in any profession 415
denied or had her or his license to practice any profession 416
revoked or suspended by any other state, district, or territory 417
of the United States or another country for reasons that relate 418
to her or his ability to practice skillfully and safely as a 419
naturopathic physician. 420
3. Been found guilty of a felony. 421
422
The board and the department shall ensure that applicants for 423
licensure meet the criteria of this paragraph by independently 424
verifying the provided information through the department's 425
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investigative process. 426
(f) Has submitted to the department a set of f ingerprints 427
on a form and in accordance with procedures specified by the 428
department under s. 456.039(4), along with payment in an amount 429
equal to the costs incurred by the department for the criminal 430
background check of the applicant. 431
(g) Has demonstrate d compliance with the financial 432
responsibility requirements imposed under s. 462.015. 433
(h) Has obtained a passing score, as determined by board 434
rule, on Part I - Biomedical Science Examination, Part II - Core 435
Clinical Science Examination, and Part II - Clinical Elective 436
Pharmacology Examination of the competency -based national 437
Naturopathic Physician Licensing Examination administered by the 438
North American Board of Naturopathic Examiners, or an equivalent 439
examination offered by an equivalent or successor en tity, as 440
approved by the board. 441
(2) The department and the board shall ensure that 442
applicants for licensure satisfy applicable criteria in this 443
section through an investigative process. If the investigative 444
process is not completed within the timeframe established in s. 445
120.60(1) and the department or board has reason to believe that 446
the applicant does not meet such criteria, the State Surgeon 447
General or her or his designee may issue a 90 -day licensure 448
delay, which must be in writing and sufficient to notify the 449
applicant of the reason f or the delay. This subsection prevails 450
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over any conflicting provisions of s. 120.60(1). 451
(3) The board may not certify to the department for 452
licensure any applicant who is under investigation in another 453
jurisdiction for an offense that would constitute a violation of 454
this chapter or chapter 456 until the investigation has been 455
completed. Upon completion of the investigation, s. 462.017 456
applies. 457
(4)(a) The department may not issue a license to any 458
individual who has committed an act or offense in any 459
jurisdiction which would constitute the basis for disciplining a 460
naturopathic physician under s. 462.017 until the board has 461
reviewed the application and certified the applicant for 462
licensure. 463
(b) If the board finds that an applicant for licensure has 464
committed an act or offense in any jurisdiction which would 465
constitute the basis for disciplining a naturopathic physician 466
under s. 462.017, the board may enter an order imposing one or 467
more of the sanctions set forth in that section and s. 468
456.072(2) as applica ble to applicants for licensure, including 469
refusing to certify an application for licensure or certifying 470
an application for licensure with conditions. 471
(5) If the board determines that an applicant for 472
licensure has failed to meet, to the board's satisfa ction, any 473
of the requirements of this section, it may enter an order 474
imposing one or more of the following: 475
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(a) Refusal to certify to the department an application 476
for licensure. 477
(b) Certification to the department of an application for 478
licensure with restrictions on the scope of practice of the 479
naturopathic physician. 480
(c) Certification to the department of an application for 481
licensure with a probationary period for the applicant, subject 482
to such conditions as the board specifies, including, but not 483
limited to, requiring the naturopathic physician to submit to 484
treatment, attend continuing education courses, submit to 485
reexamination, or work under the supervision of another 486
naturopathic physician. 487
Section 9. Section 462.008, Florida Statutes, is cre ated 488
to read: 489
462.008 Licensure by endorsement. — 490
(1) Any person licensed to practice naturopathic medicine 491
in another state or territory of the United States or in Canada 492
who desires to be licensed as a naturopathic physician in this 493
state must apply to the department on forms furnished by the 494
department. The department shall issue a license by endorsement 495
to any applicant who completes the application form and who the 496
board certifies has met all of the following criteria: 497
(a) Has met the qualificatio ns for licensure established 498
in s. 462.007(1)(a)-(g). 499
(b)1. Has submitted evidence of holding an active license 500
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to practice naturopathic medicine in another state or territory 501
of the United States or in Canada for at least the 5 years 502
immediately preceding the filing of her or his application; or 503
2. If an applicant has held an active license to practice 504
naturopathic medicine in another state or territory of the 505
United States or in Canada for less than the 5 years immediately 506
preceding the filing of her or his application, has obtained a 507
passing score on the national licensing examination, as 508
specified in s. 462.007(1)(h), within the year immediately 509
preceding the filing of the application. 510
(2) The department and the board shall ensure that 511
applicants for licensure by endorsement meet applicable criteria 512
in this section through an investigative process. When the 513
investigative process is not completed within the timeframe 514
established in s. 120.60(1) and the department or board has 515
reason to believe that t he applicant does not meet the criteria, 516
the State Surgeon General or her or his designee may issue a 90 -517
day licensure delay, which must be in writing and sufficient to 518
notify the applicant of the reason for the delay. This 519
subsection controls over any con flicting provisions of s. 520
120.60(1). 521
(3) The board may not certify to the department for 522
licensure by endorsement any applicant who is under 523
investigation in another jurisdiction for an offense that would 524
constitute a violation of this chapter or chapter 456 until the 525
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investigation has been completed. Upon completion of the 526
investigation, s. 462.017 applies. 527
(4)(a) The department may not issue a license by 528
endorsement to any individual who has committed an act or 529
offense in any jurisdiction which would constitute the basis for 530
disciplining a naturopathic physician under s. 462.017 until the 531
board has reviewed the application and certified the applicant 532
for licensure. 533
(b) If the board finds that an applicant for licensure by 534
endorsement has committed an act or offense in any jurisdiction 535
which would constitute the basis for disciplining a naturopathic 536
physician under s. 462.017, the board may enter an order 537
imposing one or more of the sanctions set forth in that section 538
and s. 456.072(2) as applicable to applicants for licensure, 539
including refusing to certify an application for licensure or 540
certifying an application for licensure with conditions. 541
(5) If the board determines that an applicant for 542
licensure has failed to meet, to the board's satisfaction, any 543
of the requirements of this section, it may enter an order 544
imposing one or more of the following: 545
(a) Refusal to certify to the department an application 546
for licensure. 547
(b) Certification to the department of an application for 548
licensure with restr ictions on the scope of practice of the 549
naturopathic physician. 550
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(c) Certification to the department of an application for 551
licensure with a probationary period for the applicant, subject 552
to such conditions as the board specifies, including, but not 553
limited to, requiring the naturopathic physician to submit to 554
treatment, attend continuing education courses, submit to 555
reexamination, or work under the supervision of another 556
naturopathic physician. 557
Section 10. Section 462.08, Florida Statutes, is 558
renumbered as section 462.009, Florida Statutes, and amended to 559
read: 560
462.009 462.08 Renewal of license to practice naturopathic 561
medicine naturopathy.— 562
(1) In order to continue practicing naturopathic medicine 563
in this state, each licensed naturopathic physician must 564
licenseholder shall biennially renew her or his license to 565
practice naturopathic medicine naturopathy. The applicant for 566
license renewal must furnish to the board department such 567
evidence as it requires of the applicant's compliance with s. 568
462.011 s. 462.18, relating to continuing education educational 569
requirements, and s. 462.015, relating to financial 570
responsibility requirements . The biennial renewal fee, the 571
amount of which shall be determined by the department but which 572
may not exceed $1,000, mus t be paid at the time the application 573
for renewal of the license is filed. 574
(2) The department shall adopt rules establishing 575
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procedures for the biennial renewal of licenses under this 576
chapter. 577
Section 11. Section 462.18, Florida Statutes, is 578
renumbered as section 462.011, Florida Statutes, and amended to 579
read: 580
462.011 462.18 Continuing education Educational 581
requirements.— 582
(1) At the time each licensee renews shall renew her or 583
his license as otherwise provided in s. 462.009 this chapter, 584
each licensee must, in addition to the payment of the regular 585
renewal fee, shall furnish to the board department satisfactory 586
evidence that, in the preceding biennial period, the licensee 587
has completed the continuing education requirements of this 588
section. 589
(2) The board shall require each naturopathic physician to 590
receive at least 60 hours of continuing education during each 591
biennial renewal period. 592
(a) At least 10 hours of the 60 hours of continuing 593
education must be in pharmacology, addressing the u se of legend 594
drugs that are consistent with the education and training of 595
naturopathic physicians. 596
(b) The board shall approve organizations that accredit 597
naturopathic continuing education providers, including, but not 598
limited to, the American Associatio n of Naturopathic Physicians, 599
the North American Naturopathic Continuing Education 600
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Accreditation Council, and the Oregon Association of 601
Naturopathic Physicians. 602
(c) The determination of whether substitute continuing 603
education programs are permissible is solely within the 604
discretion of the board. 605
(3) The naturopathic physician must use the electronic 606
continuing education tracking system developed by the department 607
under s. 456.0361 to demonstrate compliance with the continuing 608
education requirements of t his section year preceding each such 609
application for renewal, the licensee has attended the 2 -day 610
educational program as promulgated and conducted by the Florida 611
Naturopathic Physicians Association, Inc., or, as a substitute 612
therefor, the equivalent of tha t program as approved by the 613
department. The department shall send a written notice to this 614
effect to every person holding a valid license to practice 615
naturopathy within this state at least 30 days prior to May 1 in 616
each even-numbered year, directed to the last known address of 617
such licensee, and shall enclose with the notice proper blank 618
forms for application for annual license renewal. All of the 619
details and requirements of the aforesaid educational program 620
shall be adopted and prescribed by the departmen t. In the event 621
of national emergencies, or for sufficient reason, the 622
department shall have the power to excuse the naturopathic 623
physicians as a group or as individuals from taking this 624
postgraduate course. 625
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(2) The determination of whether a substitute annual 626
educational program is necessary shall be solely within the 627
discretion of the department . 628
Section 12. Section 462.19, Florida Statutes, is 629
renumbered as section 462.012, Florida Statutes, and amended to 630
read: 631
462.012 462.19 Renewal of license; Inactive status; 632
reactivation of license .— 633
(1) A licensee may reactivate an inactive license by 634
applying to the department, paying any applicable fees, and 635
submitting proof of compliance with the financial responsibility 636
requirements of s. 462.015. 637
(2) The board shall adopt rules relating to reactivation 638
of licenses that have become inactive and for the renewal of 639
inactive licenses. The rules must include continuing education 640
requirements as a condition of reactivating a license. The 641
continuing education requirements for reactivating a license may 642
not be fewer than 20 classroom hours for each year the license 643
was inactive. The board may also adopt rules to determine fees, 644
including a fee for placing a license into inactive status, a 645
biennial renewal fee for licenses in inactive status, a 646
delinquency fee, and a fee for the reactivation of a license. 647
None of these fees may exceed the biennial renewal fee 648
determined by the board in s. 462.009. 649
(3) The department may not reactivate a license unless the 650
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applicable fees have been paid and the financial responsibility 651
requirements of s. 462.015 have been satisfied The department 652
shall renew a license upon receipt of the renewal application 653
and fee. 654
(2) A licensee may request that her or his license be 655
placed in an inactive status by making application to the 656
department and paying a fee in an amount set by the department 657
not to exceed $50. 658
Section 13. Section 462.11, Florida Statutes, is 659
renumbered as section 462.013, Florida Statutes, and amended to 660
read: 661
462.013 462.11 Obligations of naturopathic physicians 662
Naturopaths to observe regulations .—Naturopathic physicians 663
Doctors of naturopathy shall comply with observe and are be 664
subject to all state, county, and municipal regulations relating 665
in regard to the control of contagious and infectious diseases, 666
the reporting of births and deaths, and to any and all other 667
matters pertaining to the public health in the same manner as is 668
required of other health care practitioners of the healing art. 669
Section 14. Section 462.014, Florida Statutes, is created 670
to read: 671
462.014 Patient records; termination of practice. —The 672
board shall adopt rules providing for the handling of medical 673
records by licensed naturopathic physicians, including when a 674
naturopathic physician sells or otherwise terminates a practice. 675
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The rules must provide for notification of the naturopathic 676
physician's patients and for an opportunity for the patients to 677
request the transfer of their medical records to another 678
physician or health care practitioner upon payment of actual 679
costs for such transfer. 680
Section 15. Section 462.015, Florida Statutes, is created 681
to read: 682
462.015 Financial responsibility. — 683
(1) As a condition of licensure, a naturopathic physician 684
must, by one of the following methods, demonstrate to the 685
satisfaction of the board and t he department that she or he has 686
the ability to pay claims and ancillary costs arising from the 687
rendering of, or the failure to render, medical care or 688
services: 689
(a) Establishing and maintaining an escrow account 690
consisting of cash or assets eligible for deposit in accordance 691
with s. 625.52 in the per -claim amounts specified in paragraph 692
(b). Expenditures may not be made from the escrow amount for 693
litigation costs or attorney fees for the defense of any medical 694
malpractice claim. 695
(b) Obtaining and maint aining professional liability 696
coverage in an amount not less than $100,000 per claim, with a 697
minimum annual aggregate of not less than $300,000, from an 698
authorized insurer as defined under s. 624.09, from an eligible 699
surplus lines insurer as defined under s. 626.914(2), from a 700
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risk retention group as defined under s. 627.942, from the Joint 701
Underwriting Association operated under s. 627.351(4), or 702
through self-insurance as provided in s. 627.357. Expenditures 703
may not be made from the required coverage amoun t for litigation 704
costs or attorney fees for the defense of any medical 705
malpractice claim. 706
(c) Obtaining and maintaining an unexpired, irrevocable 707
letter of credit, issued pursuant to chapter 675, in an amount 708
not less than $100,000 per claim, with a mini mum aggregate 709
availability of credit of not less than $300,000. The letter of 710
credit must be payable to the naturopathic physician as 711
beneficiary upon presentment of a final judgment indicating 712
liability and awarding damages to be paid by the naturopathic 713
physician or upon presentment of a settlement agreement signed 714
by all parties to such agreement when such final judgment or 715
settlement is a result of a claim arising out of the rendering 716
of, or the failure to render, medical care or services. The 717
letter of credit may not be used for litigation costs or 718
attorney fees for the defense of any medical malpractice claim. 719
The letter of credit must be nonassignable and nontransferable 720
and be issued by a bank or savings association organized and 721
existing under the l aws of this state or a bank or savings 722
association organized under the laws of the United States which 723
has its principal place of business in this state or has a 724
branch office that is authorized under the laws of this state or 725
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of the United States to recei ve deposits in this state. 726
(2)(a) Meeting the financial responsibility requirements 727
of this section or the criteria for any exemption from such 728
requirements must be demonstrated at the time of issuance, 729
renewal, or reactivation of a naturopathic physicia n license. 730
(b) Any person may, at any time, submit to the department 731
a request for an advisory opinion regarding such person's 732
qualifications for exemption. 733
(3)(a) Each insurer, self -insurer, or risk retention group 734
or the Joint Underwriting Associatio n must promptly notify the 735
department of a cancellation or nonrenewal of insurance required 736
by this section. Unless the naturopathic physician demonstrates 737
that she or he is otherwise in compliance with the requirements 738
of this section, the department shal l suspend the license of the 739
naturopathic physician pursuant to ss. 120.569 and 120.57 and 740
notify all health care facilities licensed under part IV of 741
chapter 394 or chapter 395 or a health maintenance organization 742
certified under part I of chapter 641 of such action. Any 743
suspension imposed under this subsection remains in effect until 744
the naturopathic physician demonstrates compliance with the 745
requirements of this section. If any judgments or settlements 746
are pending at the time of suspension, those judgmen ts or 747
settlements must be paid in accordance with this section unless 748
otherwise mutually agreed to in writing by the parties. This 749
paragraph does not abrogate a judgment debtor's obligation to 750
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satisfy the entire amount of any judgment. 751
(b) If the financial responsibility requirements are met 752
by maintaining an escrow account or letter of credit as provided 753
in this section, upon the entry of an adverse final judgment 754
arising from a medical malpractice arbitration award, from a 755
claim in contract or to rt of medical malpractice, or from 756
noncompliance with the terms of a settlement agreement arising 757
from a claim in contract or tort of medical malpractice, the 758
naturopathic physician must pay the entire amount of the 759
judgment together with all accrued inter est or the amount 760
maintained in the escrow account or provided in the letter of 761
credit as required by this section, whichever is less, within 60 762
days after the date such judgment becomes final and subject to 763
execution, unless otherwise mutually agreed to i n writing by the 764
parties. If timely payment is not made by the naturopathic 765
physician, the department must suspend the license of the 766
naturopathic physician pursuant to procedures set forth in 767
subparagraphs (4)(f)3., 4., and 5. This paragraph does not 768
abrogate a judgment debtor's obligation to satisfy the entire 769
amount of any judgment. 770
(4) The requirements imposed in subsection (1) do not 771
apply to: 772
(a) Any person licensed under this chapter who practices 773
naturopathic medicine exclusively as an officer, employee, or 774
agent of the Federal Government or of the state or its agencies 775
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or subdivisions. For purposes of this subsection, an agent of 776
the state, its agencies, or its subdivisions is a person who is 777
eligible for coverage under any self -insurance or insurance 778
program as provided in s. 768.28(16). 779
(b) Any person whose license has become inactive under 780
this chapter and who is not practicing naturopathic medicine in 781
this state. Any person applying for reactivation of a 782
naturopathic physician license must either: 783
1. Demonstrate that she or he maintained tail insurance 784
coverage that provided liability coverage for incidents that 785
occurred on or after the initial date of licensure in this state 786
and for incidents that occurred before the date on which the 787
license became inactive; or 788
2. Submit an affidavit stating that she or he has no 789
unsatisfied medical malpractice judgments or settlements at the 790
time of application for reactivation of the license. 791
(c) Any person licensed under this chapter who practices 792
only in conjunction with her or his teaching duties at a college 793
of naturopathic medicine. Such person may engage in the practice 794
of naturopathic medicine to the extent that such practice is 795
incidental to and a necessary part of duties in connection with 796
the teaching position in the college of naturopathic medicine. 797
(d) Any person holding an active naturopathic physician 798
license under this chapter who is not practicing naturopathic 799
medicine in this state. If such person initiates or resumes any 800
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practice of naturopathic medicine in this state, she or he must 801
notify the department of such activity and fulfill the financial 802
responsibility requirements of this section before resuming the 803
practice of naturopathic medicine in this state. 804
(e) Any person holding an active naturopathic physician 805
license under this chapter who meets all of the following 806
criteria: 807
1. Has held an active license to practice naturopathic 808
medicine in this state or another state or some combination 809
thereof for more than 15 years. 810
2. Has either retired from the practice of naturopathic 811
medicine or maintains a part -time practice of naturopathic 812
medicine of no more than 1,000 patient contact hours per year. 813
3. Has had no more than two claims for medical malpractice 814
resulting in an inde mnity exceeding $25,000 within the previous 815
5-year period. 816
4. Has not been convicted of, or pled guilty or nolo 817
contendere to, any criminal violation specified in this chapter 818
or the practice act of any other state. 819
5. Has not been subject, within the last 10 years of 820
practice, to license revocation or suspension for any period of 821
time, probation for a period of 3 years or longer, or a fine of 822
$500 or more for a violation of this chapter or the naturopathic 823
medical practice act of another jurisdiction. A regulatory 824
agency's acceptance of a naturopathic physician's relinquishment 825
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of her or his license or of a stipulation, consent order, or 826
other settlement, offered in response to or in anticipation of 827
the filing of administrative charges against her or hi s license, 828
constitutes action against the naturopathic physician's license 829
for the purposes of this paragraph. 830
6. Has submitted a form supplying necessary information as 831
required by the department and an affidavit affirming compliance 832
with this paragraph. 833
7. Biennially submits to the department a certification 834
stating compliance with this paragraph. The naturopathic 835
physician must also demonstrate compliance with this paragraph 836
at any time upon department request. 837
838
A naturopathic physician who meets the requirements of this 839
paragraph must provide notice to patients, either by prominently 840
displaying a sign in the reception area of her or his practice 841
in a manner clearly visible to patients or by providing a 842
written statement to each patient to whom she or he provides 843
naturopathic medical services. The sign or statement must read 844
as follows: "Under Florida law, naturopathic physicians are 845
generally required to carry medical malpractice insurance or 846
otherwise demonstrate financial responsibility to cover 847
potential claims for medical malpractice. However, certain part -848
time naturopathic physicians who meet certain criteria are 849
exempt from the financial responsibility requirements. YOUR 850
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NATUROPATHIC PHYSICIAN MEETS THE EXEMPTION CRITERIA AND HAS 851
DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice 852
is provided pursuant to Florida law." 853
(f) Any person holding an active naturopathic physician 854
license under this chapter who agrees to all of the following 855
conditions: 856
1. Upon the entry of an adverse fina l judgment arising 857
from a medical malpractice arbitration award, from a claim of 858
medical malpractice either in contract or tort, or from 859
noncompliance with the terms of a settlement agreement arising 860
from a claim of medical malpractice either in contract o r tort, 861
the naturopathic physician agrees to pay the judgment creditor 862
the lesser of the entire amount of the judgment with all accrued 863
interest or either $100,000, if the naturopathic physician is 864
licensed pursuant to this chapter but does not maintain ho spital 865
staff privileges, or $250,000, if the naturopathic physician is 866
licensed pursuant to this chapter and maintains hospital staff 867
privileges, within 60 days after the date such judgment becomes 868
final and subject to execution, unless otherwise mutually agreed 869
to in writing by the parties. Such adverse final judgment must 870
include any cross-claim, counterclaim, or claim for indemnity or 871
contribution arising from the claim of medical malpractice. Upon 872
notification of the existence of an unsatisfied judgment or 873
payment pursuant to this subparagraph, the department shall 874
notify the naturopathic physician by certified mail that she or 875
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he is subject to disciplinary action unless, within 30 days 876
after the date of mailing, the naturopathic physician either: 877
a. Shows proof that the unsatisfied judgment has been paid 878
in the amount specified in this subparagraph; or 879
b. Furnishes the department with a copy of a timely filed 880
notice of appeal and either: 881
(I) A copy of a supersedeas bond properly posted in the 882
amount required by law; or 883
(II) An order from a court of competent jurisdiction 884
staying execution on the final judgment, pending disposition of 885
the appeal. 886
2. The department shall issue an emergency order 887
suspending the license of any naturopathic physician who, 31 888
days or more after receipt of a notice from the department, has 889
failed to satisfy a medical malpractice claim against him or 890
her; furnish the department a copy of a timely filed notice of 891
appeal; furnish the department a copy of a supersedeas bond 892
properly posted in the amount required by law; or furnish the 893
department an order from a court of competent jurisdiction 894
staying execution on the final judgment pending disposition of 895
the appeal. 896
3. Upon the next meeting of the probable cause panel of 897
the board 31 days or more after the date of mailing the notice 898
of disciplinary action to the naturopathic physician, the panel 899
shall make a determination as to whether probable cause exists 900
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to take disciplinary action against the naturopathic physician 901
for a violation of subparagraph 1. 902
4. If the board determines that the factual requirements 903
of subparagraph 1. are met, it must take disciplinary action as 904
it deems appropriate against the naturopathic physician. Such 905
disciplinary action must include, at a m inimum, probation of the 906
license with the restriction that the naturopathic physician 907
must make payments to the judgment creditor on a schedule 908
determined by the board to be reasonable and within the 909
financial capability of the naturopathic physician. 910
Notwithstanding any other disciplinary penalty imposed, the 911
disciplinary penalty may include suspension of the license for a 912
period not to exceed 5 years. In the event that an agreement to 913
satisfy a judgment has been met, the board must remove any 914
restriction on the license. 915
5. The naturopathic physician must complete a form 916
supplying necessary information as required by department rule. 917
918
A naturopathic physician who agrees to the conditions of this 919
paragraph must provide notice to patients, either by prominently 920
displaying a sign in the reception area of her or his practice 921
in a manner clearly visible to patients or by providing a 922
written statement to each patient to whom she or he provides 923
naturopathic medical services. The sign or statement must read 924
as follows: "Under Florida law, naturopathic physicians are 925
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generally required to carry medical malpractice insurance or 926
otherwise demonstrate financial responsibility to cover 927
potential claims for medical malpractice. However, certain part -928
time naturopathic physicians who meet certain criteria are 929
exempt from the financial responsibility requirements. YOUR 930
NATUROPATHIC PHYSICIAN MEETS THE EXE MPTION CRITERIA AND HAS 931
DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice 932
is provided pursuant to Florida law." 933
(5) A naturopathic physician who makes any deceptive, 934
untrue, or fraudulent representation with respect to any 935
provision of this section is permanently disqualified from any 936
exemption from financial responsibility requirements under this 937
section and is subject to disciplinary action under s. 462.017 938
for such conduct. 939
(6) Any naturopathic physician who relies on an exemption 940
from the financial responsibility requirements must notify the 941
department in writing of any change of circumstance regarding 942
her or his qualifications for such exemption and must 943
demonstrate that she or he is in compliance with the 944
requirements of this section. 945
(7) Notwithstanding any other provision of this section, 946
the department shall suspend the license of any naturopathic 947
physician against whom a final judgment, arbitration award, or 948
other order has been entered or who has entered into a 949
settlement agreement to pay damages arising out of a claim for 950
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medical malpractice if all appellate remedies have been 951
exhausted and payment up to the amounts required by this section 952
has not been made within 30 days after the entering of such 953
judgment, award, or order or agreement. A suspension under this 954
subsection remains in effect until proof of payment is received 955
by the department or a payment schedule has been agreed upon by 956
the naturopathic physician and the claimant and presented to the 957
department. This subsection does not apply to a naturopathic 958
physician who has met the financial responsibility requirements 959
under paragraph (1)(b). 960
(8) The board shall adopt rules to implement this section. 961
Section 16. Section 462.13, Florida Statutes, is 962
renumbered as section 462.016, Florida Statutes, and amended to 963
read: 964
462.016 462.13 Additional powers and duties of the board 965
and the department.—The board and the department may administer 966
oaths, summon witnesses, and take testimony in all matters 967
relating to their respective its duties under pursuant to this 968
chapter. Evidence of an active, Every unrevoked license must 969
shall be presumed by presumptive evidence in all courts and 970
places to be evidence that the person therein named is legally 971
licensed to practice naturopathic medicine in this state 972
naturopathy. The board and the department shall aid the 973
prosecuting attorneys of the state in the enforcement of this 974
chapter. 975
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Section 17. Section 462.14, Florida Statutes, is 976
renumbered as section 462.017, Florida Statute s, and amended to 977
read: 978
462.017 462.14 Grounds for disciplinary action; action by 979
the board and department.— 980
(1) The following acts constitute grounds for denial of a 981
license or disciplinary action, as specified in s. 456.072(2): 982
(a) Attempting to ob tain, obtaining, or renewing a license 983
to practice naturopathic medicine by bribery, by fraudulent 984
misrepresentation, or through an error of the board or the 985
department. 986
(b) Having a license to practice naturopathic medicine 987
revoked, suspended, or otherw ise acted against, including the 988
denial of licensure, by the licensing authority of another 989
state, territory, or country. The licensing authority's 990
acceptance of a naturopathic physician's relinquishment of her 991
or his license or of a stipulation, a consent order, or other 992
settlement offered in response to or in anticipation of the 993
filing of administrative charges against her or his license 994
shall be construed as action against the naturopathic 995
physician's license. 996
(c) Being convicted or found guilty, regar dless of 997
adjudication, of a crime in any jurisdiction which directly 998
relates to the practice of naturopathic medicine or to the 999
ability to practice naturopathic medicine. Any plea of nolo 1000
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contendere creates a rebuttable presumption of guilt to the 1001
underlying criminal charges shall be considered a conviction for 1002
purposes of this chapter . 1003
(d) False, deceptive, or misleading advertising. 1004
(e) Advertising, practicing, or attempting to practice 1005
under a name other than one's own. 1006
(f) Failing to report to the department or the 1007
department's impaired practitioner program consultant, as 1008
applicable, any person whom who the licensee knows is in 1009
violation of this chapter or of the rules of the board or 1010
department. However, a person whom who the licensee knows is 1011
unable to practice naturopathic medicine with reasonable skill 1012
and safety to patients by reason of illness or use of alcohol, 1013
drugs, narcotics, chemicals, or any other type of material, or 1014
as a result of a mental or physical condition, may be reported 1015
to a consultant operating an impaired practitioner program as 1016
described in s. 456.076 rather than to the department. 1017
(f)(g) Aiding, assisting, procuring, or advising any 1018
unlicensed person to practice naturopathic medicine contrary to 1019
this chapter or to a rule o f the board or department. 1020
(g)(h) Failing to perform any statutory or legal 1021
obligation placed upon a licensed naturopathic physician. 1022
(h) Giving false testimony in the course of any legal or 1023
administrative proceedings relating to the practice of 1024
naturopathic medicine or the delivery of health care services. 1025
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(i) Making or filing a report which the licensee knows to 1026
be false, intentionally or negligently failing to file a report 1027
or record required by state or federal law, willfully impeding 1028
or obstructing such filing or inducing another person to do so. 1029
Such reports or records must shall include only those which are 1030
signed in the capacity as a licensed naturopathic physician. 1031
(j) Paying or receiving any commission, bonus, kickback, 1032
or rebate, or engagi ng in any split-fee arrangement in any form 1033
whatsoever with a physician, an organization, an agency, a or 1034
person, a partnership, a firm, a corporation, or other business 1035
entity, either directly or indirectly, for patients referred to 1036
providers of health ca re goods and services, including, but not 1037
limited to, hospitals, nursing homes, clinical laboratories, 1038
ambulatory surgical centers, or pharmacies. The provisions of 1039
This paragraph may shall not be construed to prevent a 1040
naturopathic physician from receiving a fee for professional 1041
consultation services. 1042
(k) Refusing to provide health care based on a patient's 1043
participation in pending or past litigation or participation in 1044
any disciplinary action conducted pursuant to this chapter, 1045
unless such litigation or disciplinary action directly involves 1046
the naturopathic physician requested to provide services. 1047
(l) Exercising influence within a patient -physician 1048
relationship for purposes of engaging a patient in sexual 1049
activity. A patient is shall be presumed to be incapable of 1050
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giving free, full, and informed consent to sexual activity with 1051
her or his naturopathic physician. 1052
(m)(l) Making deceptive, untrue, or fraudulent 1053
representations in or related to the practice of naturopathic 1054
medicine or employing a trick or scheme in the practice of 1055
naturopathic medicine when such scheme or trick fails to conform 1056
to the generally prevailing standards of treatment in the 1057
medical community. 1058
(n)(m) Soliciting patients, either personally or through 1059
an agent, through the use of fraud, intimidation, undue 1060
influence, or a form of overreaching or vexatious conduct. A 1061
"solicitation" is any communication which directly or implicitly 1062
requests an immediate oral response from the recipient. 1063
(o)(n) Failing to keep legible, written medical records , 1064
as defined by department rule in consultation with the board, 1065
which identify by name and professional title the licensed 1066
naturopathic physician or the supervising naturopathic physician 1067
who is responsible for rendering, ordering, supervising, or 1068
billing for each diagnostic or treatment procedure and which 1069
justify justifying the course of treatment of the patient, 1070
including, but not limited to, patient histories, examination 1071
results, test results, X rays, and records of medicine 1072
prescribed, dispensed, or administered, and reports of 1073
consultations and hospitalizations the prescribing, dispensing 1074
and administering of drugs . 1075
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(p) Fraudulently altering or destroying records relating 1076
to patient care or treatment, including, but not limited to, 1077
patient histories, examination results, test results, X rays, 1078
records of medicine prescribed, dispensed, or administered, and 1079
reports of consultations and hospitalizations. 1080
(q)(o) Exercising influence on the patient or client in 1081
such a manner as to exploit the patient or client for the 1082
financial gain of the licensee or of a third party, which 1083
includes shall include, but is not be limited to, the promoting 1084
or selling of services, goods, appliance s, or medicines. drugs 1085
and the 1086
(r) Promoting or advertising on any prescription form of a 1087
community pharmacy unless the form also states "This 1088
prescription may be filled at any pharmacy of your choice." 1089
(s)(p) Performing professional services that which have 1090
not been duly authorized by the patient or client, or her or his 1091
legal representative, except as provided in s. 743.064, s. 1092
766.103, or s. 768.13. 1093
(t)(q) Except as authorized by the Naturopathic Medical 1094
Formulary established under s. 462.025, prescribing, dispensing, 1095
administering, supplying, selling, giving, mixing, or otherwise 1096
preparing a legend drug, including any controlled substance, 1097
other than in the course of the naturopathic physician's 1098
professional practice. For the purposes of this p aragraph, it is 1099
shall be legally presumed that prescribing, dispensing, 1100
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administering, supplying, selling, giving, mixing, or otherwise 1101
preparing legend drugs, including all controlled substances, 1102
inappropriately or in excessive or inappropriate quantities is 1103
not in the best interest of the patient and is not in the scope 1104
course of the naturopathic physician's professional practice, 1105
regardless of without regard to her or his intent. 1106
(u)(r) Prescribing or, dispensing, or administering any 1107
legend medicinal drug appearing on any schedule set forth in 1108
chapter 893 by the naturopathic physician to herself or himself 1109
or administering any such drug to herself or himself unless such 1110
drug is, except one prescribed for, dispensed, or administered 1111
to the naturopathic physician by another practitioner authorized 1112
to prescribe legend, dispense, or administer medicinal drugs. 1113
(v)(s) Being unable to practice naturopathic medicine with 1114
reasonable skill and safety to patients by reason of illness or 1115
use of alcohol, drugs, narcotics, chemicals, or any other type 1116
of material or as a result of any mental or physical condition. 1117
In enforcing this paragraph, the department shall have, upon a 1118
showing of probable cause, has the authority to issue an order 1119
to compel a naturopathic p hysician to submit to a mental or 1120
physical examination by naturopathic physicians designated by 1121
the department. If the failure of a naturopathic physician 1122
refuses to comply with such order, the department's order 1123
directing submit to such an examination may be enforced by 1124
filing a petition for enforcement in the circuit court where the 1125
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naturopathic physician resides or does business. The 1126
naturopathic physician against whom the petition is filed may 1127
not be named or identified by initials in any public court 1128
records or documents, and the proceedings must be closed to the 1129
public. The department is entitled to the summary procedure 1130
provided in s. 51.011 when so directed shall constitute an 1131
admission of the allegations against her or him upon which a 1132
default and final order may be entered without the taking of 1133
testimony or presentation of evidence, unless the failure was 1134
due to circumstances beyond the naturopathic physician's 1135
control. A naturopathic physician subject to an order issued 1136
affected under this paragraph must, shall at reasonable 1137
intervals, be afforded an opportunity to demonstrate that she or 1138
he can resume the competent practice of naturopathic medicine 1139
with reasonable skill and safety to patients. In any proceeding 1140
under this paragraph, neither the rec ord of proceedings nor the 1141
orders entered by the department may be used against a 1142
naturopathic physician in any other proceeding. 1143
(w) Notwithstanding s. 456.072(2) but as specified in s. 1144
456.50(2): 1145
1. Committing medical malpractice as defined in s. 456 .50. 1146
The board shall give great weight to s. 766.102 when enforcing 1147
this paragraph. Medical malpractice may not be construed to 1148
require more than one instance, event, or act. 1149
2. Committing gross medical malpractice. 1150
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3. Committing repeated medical malpr actice as defined in 1151
s. 456.50. A person found by the board to have committed such 1152
repeated malpractice may not be licensed or continue to be 1153
licensed to provide health care services as a naturopathic 1154
physician in this state. 1155
1156
This paragraph may not be con strued to require that a 1157
naturopathic physician be deemed incompetent to practice 1158
naturopathic medicine in order to be disciplined pursuant to 1159
this paragraph. A recommended order by an administrative law 1160
judge or a final order of the board finding a violat ion under 1161
this paragraph must specify whether the naturopathic physician 1162
was found to have committed gross medical malpractice, repeated 1163
medical malpractice, or medical malpractice, or any combination 1164
thereof, and any publication by the board must include the 1165
specified finding. 1166
(t) Gross or repeated malpractice or the failure to 1167
practice naturopathic medicine with that level of care, skill, 1168
and treatment which is recognized by a reasonably prudent 1169
similar physician as being acceptable under similar condit ions 1170
and circumstances. The department shall give great weight to the 1171
provisions of s. 766.102 when enforcing this paragraph. 1172
(x)(u) Performing any procedure or prescribing any therapy 1173
that which, by the prevailing standards of medical practice in 1174
the naturopathic medical community, constitutes experimentation 1175
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on a human subject, without first obtaining full, informed, and 1176
written consent. 1177
(y)(v) Practicing or offering to practice beyond the scope 1178
permitted by law or accepting and performing professiona l 1179
responsibilities that which the licensee knows or has reason to 1180
know that she or he is not competent to perform. The board may 1181
establish by rule standards of practice and standards of care 1182
for particular practice areas, including, but not limited to, 1183
education and training, equipment and supplies, medications as 1184
specified by the Naturopathic Medical Formulary under s. 1185
462.025, assistance from and delegation to other personnel, 1186
transfer agreements, sterilization, records, performance of 1187
complex or multiple procedures, informed consent, and policy and 1188
procedure manuals. 1189
(z)(w) Delegating professional responsibilities to a 1190
person when the licensee delegating such responsibilities knows 1191
or has reason to know that such person is not qualified by 1192
training, experience, or licensure to perform them. 1193
(aa)(x) Violating a lawful order of the board or the 1194
department previously entered in a disciplinary hearing or 1195
failing to comply with a lawfully issued subpoena of the board 1196
or department. 1197
(bb)(y) Conspiring with another licensee or with any other 1198
person to commit an act, or committing an act, which would tend 1199
to coerce, intimidate, or preclude another licensee from 1200
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lawfully advertising her or his services. 1201
(cc)(z) Procuring, or aiding or abetting in the proc uring 1202
of, an unlawful termination of pregnancy. 1203
(dd)(aa) Presigning blank prescription forms. 1204
(ee) Failing to adequately supervise the activities of any 1205
persons acting under the supervision of the naturopathic 1206
physician. 1207
(bb) Prescribing by the natur opathic physician for office 1208
use any medicinal drug appearing on Schedule II in chapter 893. 1209
(cc) Prescribing, ordering, dispensing, administering, 1210
supplying, selling, or giving any drug which is an amphetamine 1211
or sympathomimetic amine drug, or a compoun d designated pursuant 1212
to chapter 893 as a Schedule II controlled substance to or for 1213
any person except for: 1214
1. The treatment of narcolepsy; hyperkinesis; behavioral 1215
syndrome in children characterized by the developmentally 1216
inappropriate symptoms of moder ate to severe distractability, 1217
short attention span, hyperactivity, emotional lability, and 1218
impulsivity; or drug -induced brain dysfunction. 1219
2. The differential diagnostic psychiatric evaluation of 1220
depression or the treatment of depression shown to be ref ractory 1221
to other therapeutic modalities. 1222
3. The clinical investigation of the effects of such drugs 1223
or compounds when an investigative protocol therefor is 1224
submitted to, reviewed, and approved by the department before 1225
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such investigation is begun. 1226
(ff)(dd) Prescribing, ordering, dispensing, administering, 1227
supplying, selling, or giving growth hormones, testosterone or 1228
its analogs, human chorionic gonadotropin (HCG), or other 1229
hormones for the purpose of muscle building or to enhance 1230
athletic performance. F or the purposes of this subsection, the 1231
term "muscle building" does not include the treatment of injured 1232
muscle. A prescription written for the drug products identified 1233
in this paragraph listed above may be dispensed by the 1234
pharmacist with the presumption that the prescription is for 1235
legitimate medical use. 1236
(gg) Misrepresenting or concealing a material fact at any 1237
time during any phase of a licensing or disciplinary process or 1238
procedure. 1239
(hh) Interfering with an investigation or with any 1240
disciplinary proceeding. 1241
(ii) Failing to report to the department any person 1242
licensed under chapter 458, chapter 459, or this chapter whom 1243
the naturopathic physician knows has violated the grounds for 1244
disciplinary action set out in the law under which that person 1245
is licensed and who provides health care services in a facility 1246
licensed under chapter 395, or a health maintenance organization 1247
certificated under part I of chapter 641, in which the 1248
naturopathic physician also provides services. 1249
(jj) Being found by any cour t in this state to have 1250
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provided, without reasonable investigation, corroborating 1251
written medical expert opinion attached to any statutorily 1252
required notice of claim or intent or to any statutorily 1253
required response rejecting a claim. 1254
(kk) Except as provided in s. 462.018, advertising or 1255
holding oneself out as a board -certified specialist in violation 1256
of this chapter. 1257
(ll) Failing to comply with the requirements of ss. 1258
381.026 and 381.0261 to provide patients with information about 1259
their patient rights and how to file a patient complaint. 1260
(mm)(ee) Violating any provision of this chapter or 1261
chapter 456, or any rules adopted pursuant thereto. 1262
(nn) Providing deceptive or fraudulent expert witness 1263
testimony related to the practice of naturopathic med icine. 1264
(oo) Promoting or advertising through any communication 1265
medium the use, sale, or dispensing of any controlled substance 1266
appearing on any schedule in chapter 893 which is not within the 1267
scope of the Naturopathic Medical Formulary established under s. 1268
462.025. 1269
(pp) Willfully failing to comply with s. 627.64194 or s. 1270
641.513 with such frequency as to indicate a general business 1271
practice. 1272
(2) The board department may enter an order denying 1273
licensure or imposing any of the penalties in s. 456.072(2) 1274
against any applicant for licensure or licensee who commits a 1275
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violation of is found guilty of violating any provision of 1276
subsection (1) of this section or who is found guilty of 1277
violating any provision of s. 456.072(1). In determining what 1278
action is appropriate, the board must first consider which 1279
sanctions are necessary to protect the public or to compensate 1280
the patient. Only after those sanctions have been imposed may 1281
the board consider and include in the order other requirements 1282
designed to rehabilitate the naturopathic physician. All costs 1283
associated with compliance with orders issued under this 1284
subsection are the obligation of the naturopathic physician. 1285
(3) In any administrative action against a naturopathic 1286
physician which does not involve a revoca tion or suspension of 1287
license, the division has the burden, by the greater weight of 1288
the evidence, to establish the existence of grounds for 1289
disciplinary action. The division shall establish grounds for 1290
revocation or suspension of license by clear and conv incing 1291
evidence. 1292
(4) The board may department shall not reinstate the 1293
license of a naturopathic physician or cause a license to be 1294
issued to a person it has deemed unqualified until such time as 1295
it the department is satisfied that such person has complied 1296
with all the terms and conditions set forth in the final order 1297
and that such person is capable of safely engaging in the 1298
practice of naturopathic medicine. However, the board may not 1299
issue a license to, or reinst ate the license of, any person 1300
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found by the board to have committed repeated medical 1301
malpractice as defined in s. 456.50, regardless of the extent to 1302
which the licensed naturopathic physician or prospective 1303
licensed naturopathic physician has complied with all terms and 1304
conditions set forth in the final order or whether she or he is 1305
capable of safely engaging in the practice of naturopathic 1306
medicine. 1307
(5)(4) The board department shall establish by rule 1308
establish guidelines for the disposition of disciplina ry cases 1309
involving specific types of violations. Such guidelines must 1310
establish offenses and circumstances for which revocation will 1311
be presumed to be appropriate, as well as offenses and 1312
circumstances for which suspension for particular periods of 1313
time will be presumed to be appropriate. The guidelines must 1314
also may include minimum and maximum fines, periods of 1315
supervision or probation, or conditions of probation , and 1316
conditions for or reissuance of a license with respect to 1317
particular circumstances and of fenses. Gross medical 1318
malpractice, repeated medical malpractice, and medical 1319
malpractice, respectively, as specified in paragraph (1)(w), 1320
must each be considered a distinct violation requiring specific 1321
individual guidelines . 1322
(6) Upon the department's rec eipt of a closed claim 1323
against a naturopathic physician submitted by an insurer or 1324
self-insurer pursuant to s. 627.912 or information reported to 1325
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the Office of Insurance Regulation by a health care practitioner 1326
pursuant to s. 456.049, or receipt from a cla imant of presuit 1327
notice against a naturopathic physician under s. 766.106, the 1328
department shall review such information and determine whether 1329
it potentially involves conduct by a licensed naturopathic 1330
physician which is subject to disciplinary action, in w hich case 1331
s. 456.073 applies. However, if the department receives 1332
information that a naturopathic physician has had three or more 1333
claims filed against her or him, each with indemnities exceeding 1334
$50,000, within the previous 5 -year period, the department mu st 1335
investigate the occurrences upon which the claims were based and 1336
determine if action by the department against the naturopathic 1337
physician is warranted. 1338
(7) Upon the department's receipt of a report from the 1339
Agency for Health Care Administration pursua nt to s. 395.0197 1340
related to a naturopathic physician whose conduct may constitute 1341
grounds for disciplinary action, the department shall 1342
investigate the occurrences upon which the report was based and 1343
determine if action by the department against the natur opathic 1344
physician is warranted. 1345
(8) If any naturopathic physician commits such 1346
unprofessional conduct or negligence or demonstrates mental or 1347
physical incapacity or impairment such that the department 1348
determines that she or he is unable to practice with reasonable 1349
skill and safety and presents a danger to patients, the 1350
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department may bring an action in circuit court enjoining such 1351
naturopathic physician from providing medical services to the 1352
public until the naturopathic physician demonstrates the ability 1353
to practice with reasonable skill and safety and without danger 1354
to patients. 1355
(9)(a) If an investigation of a naturopathic physician is 1356
undertaken, the department must promptly furnish to the 1357
naturopathic physician or her or his attorney a copy of the 1358
complaint or document that prompted initiation of the 1359
investigation. For purposes of this subsection, such documents 1360
include, but are not limited to: 1361
1. The pertinent portions of an annual report submitted by 1362
a licensed facility to the Agency for Health Ca re Administration 1363
pursuant to s. 395.0197(6). 1364
2. A report of an adverse incident which is provided by a 1365
licensed facility to the department pursuant to s. 395.0197. 1366
3. A report of peer review disciplinary action submitted 1367
to the department pursuant to s. 395.0193(4), provided that the 1368
investigations, proceedings, and records relating to such peer 1369
review disciplinary action continue to retain their privileged 1370
status even as to the naturopathic physician who is the subject 1371
of the investigation, as provide d by s. 395.0193(8). 1372
4. A closed claim report submitted pursuant to s. 627.912. 1373
5. A presuit notice submitted pursuant to s. 766.106(2). 1374
6. A petition brought under the Florida Birth -Related 1375
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Neurological Injury Compensation Plan pursuant to s. 766.30 5(2). 1376
(b) A naturopathic physician may submit to the department 1377
a written response to the information contained in the complaint 1378
or document that prompted the initiation of the investigation 1379
within 45 days after she or he receives service of such 1380
complaint or document. The naturopathic physician's written 1381
response must be considered by the probable cause panel, if held 1382
on the matter. 1383
Section 18. Section 462.018, Florida Statutes, is created 1384
to read: 1385
462.018 Specialties. —A naturopathic physician lice nsed 1386
under this chapter may not hold himself or herself out as a 1387
board-certified specialist unless the naturopathic physician has 1388
successfully completed the requirements for certification as set 1389
forth by the board regulating such specialty. A naturopathic 1390
physician may indicate the services offered and may state that 1391
her or his practice is limited to one or more types of services 1392
if it accurately reflects the scope of practice of the 1393
naturopathic physician. 1394
Section 19. Section 462.17, Florida Statutes, is 1395
renumbered as section 462.019, Florida Statutes, and amended to 1396
read: 1397
462.019 462.17 Penalty for offenses relating to 1398
naturopathy.—Any person who shall: 1399
(1) Each of the following acts constitutes a felony of the 1400
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third degree, punishable as provided in s. 775.082, s. 775.083, 1401
or s. 775.084: 1402
(a) Practicing, or attempting to practice, naturopathic 1403
medicine without an active license issued under this chapter. 1404
(b) A licensed naturopathic physician practicing beyond 1405
the scope of practice authorized und er this chapter. 1406
(c) Obtaining, or attempting to obtain, a license to 1407
practice naturopathic medicine by a knowing misrepresentation. 1408
(d) Obtaining, or attempting to obtain, a position as a 1409
naturopathic physician or naturopathic medical resident in a 1410
clinic or hospital by knowingly misrepresenting education, 1411
training, or experience. 1412
(e) Dispensing a controlled substance listed in Schedule 1413
II or Schedule III of s. 893.03 in violation of s. 465.0276. 1414
(2) Each of the following acts constitutes a misde meanor 1415
of the first degree, punishable as provided in s. 775.082 or s. 1416
775.083: 1417
(a) Knowingly concealing information relating to 1418
violations of this chapter. 1419
(b) Making a false oath or affirmation when an oath or 1420
affirmation is required by this chapter. 1421
(3) Each of the following constitutes a misdemeanor of the 1422
second degree, punishable as provided in s. 775.082 or s. 1423
775.083: 1424
(a) Fraudulently altering, defacing, or falsifying any 1425
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records relating to patient care or treatment, including, but 1426
not limited to, patient histories, examination results, and test 1427
results. 1428
(b) Referring any patient for health care goods or 1429
services to any partnership, firm, corporation, or other 1430
business entity in which the naturopathic physician or the 1431
naturopathic physicia n's employer has an equity interest of 10 1432
percent or more, unless, before such referral, the naturopathic 1433
physician notifies the patient of her or his financial interest 1434
and of the patient's right to obtain such goods or services at 1435
the location of the pat ient's choice. This section does not 1436
apply to the following types of equity interest: 1437
1. The ownership of registered securities issued by a 1438
publicly held corporation or the ownership of securities issued 1439
by a publicly held corporation, the shares of whic h are traded 1440
on a national exchange or the over -the-counter market. 1441
2. A naturopathic physician's own practice, whether the 1442
naturopathic physician is a sole practitioner or part of a 1443
group, when the health care good or service is prescribed or 1444
provided solely for the naturopathic physician's own patients 1445
and is provided or performed by the naturopathic physician or 1446
under the naturopathic physician's supervision. 1447
3. An interest in real property resulting in a landlord -1448
tenant relationship between the natu ropathic physician and the 1449
entity in which the equity interest is held, unless the rent is 1450
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determined, in whole or in part, by the business volume or 1451
profitability of the tenant or is otherwise unrelated to fair 1452
market value. 1453
(c) Paying or receiving any commission, bonus, kickback, 1454
or rebate or engaging in any split -fee arrangement in any form 1455
with a physician, an organization, an agency, a person, a 1456
partnership, a firm, a corporation, or other business entity for 1457
patients referred to providers of health care goods and 1458
services, including, but not limited to, hospitals, nursing 1459
homes, clinical laboratories, ambulatory surgical centers, or 1460
pharmacies. This paragraph may not be construed to prevent a 1461
naturopathic physician from receiving a fee for profession al 1462
consultation services Sell, fraudulently obtain, or furnish any 1463
naturopathic diploma, license, record, or registration or aid or 1464
abet in the same; 1465
(2) Practice naturopathy under the cover of any diploma, 1466
license, record, or registration illegally or f raudulently 1467
obtained or secured or issued unlawfully or upon fraudulent 1468
representations; 1469
(3) Advertise to practice naturopathy under a name other 1470
than her or his own or under an assumed name; 1471
(4) Falsely impersonate another practitioner of a like or 1472
different name; 1473
(5) Practice or advertise to practice naturopathy or use 1474
in connection with her or his name any designation tending to 1475
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imply or to designate the person as a practitioner of 1476
naturopathy without then being lawfully licensed and authorized 1477
to practice naturopathy in this state; or 1478
(6) Practice naturopathy during the time her or his 1479
license is suspended or revoked 1480
1481
shall be guilty of a felony of the third degree, punishable as 1482
provided in s. 775.082, s. 775.083, or s. 775.084 . 1483
Section 20. Section 462.024, Florida Statutes, is created 1484
to read: 1485
462.024 Disclosure of medications by patients. — 1486
(1) A patient who takes prescribed legend drugs consistent 1487
with the Naturopathic Medical Formulary established under s. 1488
462.025 or nutrients or other natural medicinal substances upon 1489
the recommendation of her or his treating naturopathic physician 1490
is responsible for advising any other treating health care 1491
practitioner of her or his use of such legend drugs, nutrients, 1492
or other natural medicinal substa nces. 1493
(2) Naturopathic physicians shall advise their patients of 1494
this requirement in writing, maintain a signed copy of a 1495
patient's disclosure in the patient's medical records, and 1496
provide a copy of the disclosure to their patients, upon 1497
request. 1498
(3) A patient's failure to disclose her or his use of 1499
prescribed legend drugs or recommended nutrients or other 1500
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natural medicinal substances to any other treating health care 1501
practitioner creates a rebuttable presumption that any 1502
subsequent related injuries sus tained by the patient were caused 1503
by the patient's failure to disclose such information. This 1504
presumption may be rebutted by clear and convincing evidence 1505
that the patient's injuries were caused by the negligence of the 1506
other treating health care practitio ner. 1507
(4) This section may not be construed to preclude a 1508
patient of a naturopathic physician from consulting with a 1509
medical physician, an osteopathic physician, or other health 1510
care practitioner. 1511
(5) A naturopathic physician is not required to confirm a 1512
patient's consultation with, or disclosure to, any other health 1513
care practitioner. 1514
Section 21. Section 462.025, Florida Statutes, is created 1515
to read: 1516
462.025 Naturopathic Medical Formulary Council; 1517
establishment of formulary. — 1518
(1) The Naturopathi c Medical Formulary Council is 1519
established, separate and distinct from the board, to be 1520
composed of five members. 1521
(a) Two members must be naturopathic physicians licensed 1522
under this chapter, appointed by the board. 1523
(b) Three members must be pharmacists licensed under 1524
chapter 465, appointed by the board from a list of nominees 1525
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provided by the Board of Pharmacy. 1526
(c) Each member shall be appointed for a 3 -year term; 1527
however, for the purpose of providing staggered ter ms, the 1528
initial appointments to the council shall be as follows: one 1529
naturopathic physician appointed for a 1 -year term, one 1530
pharmacist appointed for a 2 -year term, and two pharmacists and 1531
one naturopathic physician, each appointed for a 3 -year term. 1532
(d) A quorum consists of three members and is required for 1533
any vote to be taken. 1534
(2)(a) The council shall establish the Naturopathic 1535
Medical Formulary of legend drugs that a licensed naturopathic 1536
physician may prescribe in the practice of naturopathic 1537
medicine. The formulary may not include drugs: 1538
1. That are inconsistent with the education and training 1539
provided by approved colleges and programs of naturopathic 1540
medicine or board-approved continuing education courses for 1541
naturopathic physicians; or 1542
2. The prescription of which requires education and 1543
training beyond that of a naturopathic physician. 1544
(b) The council shall submit the formulary to the board 1545
immediately upon adoption of, and any revision to, the 1546
formulary. The board shall adopt the formulary, and any revision 1547
thereto, by rule. 1548
(c) The council shall review the formulary at least 1549
annually and at any time upon board request. 1550
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(d) A naturopathic physician may prescribe, administer, or 1551
dispense only those drugs included in the formulary adopted by 1552
the board. This section may not be construed to authorize a 1553
naturopathic physician to prescribe, administer, or dispense any 1554
controlled substance under s. 893.03 unless such substance is 1555
specifically included in the formulary. 1556
Section 22. Section 46 2.026, Florida Statutes, is created 1557
to read: 1558
462.026 Severability. —The provisions of this chapter are 1559
severable. If any provision of this chapter or its application 1560
is held invalid or unconstitutional by any court of competent 1561
jurisdiction, that invalidi ty or unconstitutionality does not 1562
affect other provisions or applications of this chapter which 1563
can be given effect without the invalid or unconstitutional 1564
provision or application. 1565
Section 23. Section 462.09, Florida Statutes, is 1566
renumbered as sectio n 462.027, Florida Statutes. 1567
Section 24. Section 462.16, Florida Statutes, is repealed. 1568
Section 25. Section 462.2001, Florida Statutes, is 1569
repealed. 1570
Section 26. Paragraph (g) of subsection (3) of section 1571
921.0022, Florida Statutes, is amended t o read: 1572
921.0022 Criminal Punishment Code; offense severity 1573
ranking chart.— 1574
(3) OFFENSE SEVERITY RANKING CHART 1575
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(g) LEVEL 7 1576
1577
Florida
Statute
Felony
Degree Description
1578
316.027(2)(c) 1st Accident involving
death, failure to
stop; leaving scene.
1579
316.193(3)(c)2. 3rd DUI resulting in
serious bodily
injury.
1580
316.1935(3)(b) 1st Causing serious bodily
injury or death to
another person; driving
at high speed or with
wanton disregard for
safety while fleeing or
attempting to elude law
enforcement officer who
is in a patrol vehicle
with siren and lights
activated.
1581
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327.35(3)(c)2. 3rd Vessel BUI resulting
in serious bodily
injury.
1582
402.319(2) 2nd Misrepresentation and negligence
or intentional act resulting in
great bodily harm, permanent
disfiguration, permanent
disability, or death.
1583
409.920
(2)(b)1.a.
3rd Medicaid provider
fraud; $10,000 or less.
1584
409.920
(2)(b)1.b.
2nd Medicaid provider
fraud; more than
$10,000, but less than
$50,000.
1585
456.065(2) 3rd Practicing a health care
profession without a
license.
1586
456.065(2) 2nd Practicing a health care
profession without a
license which results in
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serious bodily injury.
1587
458.327(1) 3rd Practicing medicine
without a license.
1588
459.013(1) 3rd Practicing osteopathic
medicine without a license.
1589
460.411(1) 3rd Practicing chiropractic
medicine without a license.
1590
461.012(1) 3rd Practicing podiatric
medicine without a
license.
1591
462.019 462.17 3rd Practicing naturopathic medicine
naturopathy without a license.
1592
463.015(1) 3rd Practicing optometry
without a license.
1593
464.016(1) 3rd Practicing nursing without
a license.
1594
465.015(2) 3rd Practicing pharmacy
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without a license.
1595
466.026(1) 3rd Practicing dentistry or
dental hygiene without a
license.
1596
467.201 3rd Practicing midwifery without
a license.
1597
468.366 3rd Delivering respiratory care
services without a license.
1598
483.828(1) 3rd Practicing as clinical
laboratory personnel
without a license.
1599
483.901(7) 3rd Practicing medical physics
without a license.
1600
484.013(1)(c) 3rd Preparing or dispensing
optical devices without a
prescription.
1601
484.053 3rd Dispensing hearing aids
without a license.
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1602
494.0018(2) 1st Conviction of any
violation of chapter 494
in which the total money
and property unlawfully
obtained exceeded $50,000
and there were five or
more victims.
1603
560.123(8)(b)1. 3rd Failure to report
currency or payment
instruments exceeding
$300 but less than
$20,000 by a money
services business.
1604
560.125(5)(a) 3rd Money services business by
unauthorized person,
currency or payment
instruments exceeding $300
but less than $20,000.
1605
655.50(10)(b)1. 3rd Failure to report
financial transactions
exceeding $300 but less
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than $20,000 by
financial institution.
1606
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
1607
775.21(10)(b) 3rd Sexual predator working
where children regularly
congregate.
1608
775.21(10)(g) 3rd Failure to report or
providing false
information about a
sexual predator; harbor
or conceal a sexual
predator.
1609
782.051(3) 2nd Attempted felony murder of
a person by a person other
than the perpetrator or the
perpetrator of an attempted
felony.
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1610
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
1611
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
1612
782.072 2nd Killing of a human being by
the operation of a vessel in
a reckless manner (vessel
homicide).
1613
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing
great bodily harm or
disfigurement.
1614
784.045(1)(a)2. 2nd Aggravated battery;
using deadly weapon.
1615
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784.045(1)(b) 2nd Aggravated battery;
perpetrator aware victim
pregnant.
1616
784.048(4) 3rd Aggravated stalking;
violation of injunction or
court order.
1617
784.048(7) 3rd Aggravated stalking;
violation of court order.
1618
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1619
784.074(1)(a) 1st Aggravated battery on
sexually violent
predators facility
staff.
1620
784.08(2)(a) 1st Aggravated battery on a
person 65 years of age
or older.
1621
784.081(1) 1st Aggravated battery on
specified official or
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employee.
1622
784.082(1) 1st Aggravated battery by
detained person on visitor
or other detainee.
1623
784.083(1) 1st Aggravated battery on code
inspector.
1624
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and
services of an adult.
1625
787.06(3)(e)2. 1st Human trafficking using
coercion for labor and
services by the transfer
or transport of an adult
from outside Florida to
within the state.
1626
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1)
or (2).
1627
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790.16(1) 1st Discharge of a machine gun under
specified circumstances.
1628
790.165(2) 2nd Manufacture, sell, possess,
or deliver hoax bomb.
1629
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a
felony.
1630
790.166(3) 2nd Possessing, selling, using,
or attempting to use a hoax
weapon of mass destruction.
1631
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or
attempting to commit a
felony.
1632
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
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penalty enhancements
provided for in s. 874.04.
1633
794.08(4) 3rd Female genital mutilation;
consent by a parent,
guardian, or a person in
custodial authority to a
victim younger than 18 years
of age.
1634
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
1635
796.05(1) 1st Live on earnings of a
prostitute; 3rd and
subsequent offense.
1636
800.04(5)(c)1. 2nd Lewd or lascivious
molestation; victim
younger than 12 years of
age; offender younger
than 18 years of age.
1637
800.04(5)(c)2. 2nd Lewd or lascivious
molestation; victim 12
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years of age or older but
younger than 16 years of
age; offender 18 years of
age or older.
1638
800.04(5)(e) 1st Lewd or lascivious
molestation; victim 12
years of age or older but
younger than 16 years;
offender 18 years or
older; prior conviction
for specified sex offense.
1639
806.01(2) 2nd Maliciously damage structure
by fire or explosive.
1640
810.02(3)(a) 2nd Burglary of occupied
dwelling; unarmed; no
assault or battery.
1641
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no
assault or battery.
1642
810.02(3)(d) 2nd Burglary of occupied
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conveyance; unarmed; no
assault or battery.
1643
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1644
812.014(2)(a)1. 1st Property stolen, valued
at $100,000 or more or
a semitrailer deployed
by a law enforcement
officer; property
stolen while causing
other property damage;
1st degree grand theft.
1645
1646
812.014(2)(b)2. 2nd Property stolen, cargo
valued at less than
$50,000, grand theft in
2nd degree.
1647
1648
1649
1650
1651
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812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd
degree grand theft.
1652
1653
1654
1655
1656
1657
1658
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency
vehicle.
1659
1660
1661
1662
1663
812.014(2)(f) 2nd Grand theft; second
degree; firearm with
previous conviction of s.
812.014(2)(c)5.
1664
1665
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1666
1667
1668
1669
1670
1671
1672
1673
1674
1675
1676
1677
812.0145(2)(a) 1st Theft from person
65 years of age or
older; $50,000 or
more.
1678
812.019(2) 1st Stolen property;
initiates, organizes,
plans, etc., the theft of
property and traffics in
stolen property.
1679
812.131(2)(a) 2nd Robbery by sudden
snatching.
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1680
812.133(2)(b) 1st Carjacking; no firearm,
deadly weapon, or other
weapon.
1681
817.034(4)(a)1. 1st Communications fraud,
value greater than
$50,000.
1682
817.234(8)(a) 2nd Solicitation of motor
vehicle accident victims
with intent to defraud.
1683
817.234(9) 2nd Organizing, planning, or
participating in an
intentional motor vehicle
collision.
1684
817.234(11)(c) 1st Insurance fraud;
property value
$100,000 or more.
1685
817.2341
(2)(b) & (3)(b)
1st Making false entries of
material fact or false
statements regarding property
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values relating to the
solvency of an insuring
entity which are a
significant cause of the
insolvency of that entity.
1686
817.418(2)(a) 3rd Offering for sale or
advertising personal
protective equipment
with intent to defraud.
1687
817.504(1)(a) 3rd Offering or advertising
a vaccine with intent to
defraud.
1688
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1689
817.611(2)(b) 2nd Traffic in or possess 15
to 49 counterfeit credit
cards or related
documents.
1690
825.102(3)(b) 2nd Neglecting an elderly person
or disabled adult causing
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great bodily harm,
disability, or
disfigurement.
1691
825.103(3)(b) 2nd Exploiting an elderly
person or disabled
adult and property is
valued at $10,000 or
more, but less than
$50,000.
1692
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm,
disability, or disfigurement.
1693
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1694
837.05(2) 3rd Giving false information
about alleged capital felony
to a law enforcement
officer.
1695
838.015 2nd Bribery.
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1696
838.016 2nd Unlawful compensation or reward
for official behavior.
1697
838.021(3)(a) 2nd Unlawful harm to a
public servant.
1698
838.22 2nd Bid tampering.
1699
843.0855(2) 3rd Impersonation of a public
officer or employee.
1700
843.0855(3) 3rd Unlawful simulation of
legal process.
1701
843.0855(4) 3rd Intimidation of a public
officer or employee.
1702
847.0135(3) 3rd Solicitation of a child,
via a computer service, to
commit an unlawful sex act.
1703
847.0135(4) 2nd Traveling to meet a
minor to commit an
unlawful sex act.
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1704
872.06 2nd Abuse of a dead human
body.
1705
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
1706
874.10 1st,PBL Knowingly initiates,
organizes, plans,
finances, directs,
manages, or supervises
criminal gang-related
activity.
1707
893.13(1)(c)1. 1st Sell, manufacture, or
deliver cocaine (or other
drug prohibited under s.
893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or
(2)(c)5.) within 1,000
feet of a child care
facility, school, or
state, county, or
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municipal park or publicly
owned recreational
facility or community
center.
1708
893.13(1)(e)1. 1st Sell, manufacture, or
deliver cocaine or other
drug prohibited under s.
893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or
(2)(c)5., within 1,000
feet of property used for
religious services or a
specified business site.
1709
893.13(4)(a) 1st Use or hire of minor;
deliver to minor other
controlled substance.
1710
893.135(1)(a)1. 1st Trafficking in
cannabis, more than 25
lbs., less than 2,000
lbs.
1711
893.135 1st Trafficking in cocaine,
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(1)(b)1.a. more than 28 grams, less
than 200 grams.
1712
893.135
(1)(c)1.a.
1st Trafficking in illegal
drugs, more than 4 grams,
less than 14 grams.
1713
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone,
28 grams or more, less than
50 grams.
1714
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone,
50 grams or more, less than
100 grams.
1715
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
1716
893.135
(1)(c)3.b.
1st Trafficking in oxycodone,
14 grams or more, less than
25 grams.
1717
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl,
4 grams or more, less
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than 14 grams.
1718
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
1719
893.135(1)(e)1. 1st Trafficking in
methaqualone, 200 grams
or more, less than 5
kilograms.
1720
893.135(1)(f)1. 1st Trafficking in
amphetamine, 14 grams or
more, less than 28
grams.
1721
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
1722
893.135
(1)(h)1.a.
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1723
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893.135
(1)(j)1.a.
1st Trafficking in 1,4-
Butanediol, 1 kilogram or
more, less than 5
kilograms.
1724
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
1725
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
1726
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
1727
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
1728
893.1351(2) 2nd Possession of place for
trafficking in or
manufacturing of controlled
substance.
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1729
896.101(5)(a) 3rd Money laundering,
financial transactions
exceeding $300 but less
than $20,000.
1730
896.104(4)(a)1. 3rd Structuring transactions
to evade reporting or
registration
requirements, financial
transactions exceeding
$300 but less than
$20,000.
1731
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence;
failure to comply with
reporting requirements.
1732
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
1733
943.0435(9)(a) 3rd Sexual offender; failure
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to comply with reporting
requirements.
1734
943.0435(13) 3rd Failure to report or
providing false
information about a
sexual offender; harbor
or conceal a sexual
offender.
1735
943.0435(14) 3rd Sexual offender; failure to
report and reregister;
failure to respond to
address verification;
providing false registration
information.
1736
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
1737
944.607(10)(a) 3rd Sexual offender; failure
to submit to the taking
of a digitized
photograph.
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1738
944.607(12) 3rd Failure to report or
providing false
information about a sexual
offender; harbor or
conceal a sexual offender.
1739
944.607(13) 3rd Sexual offender; failure to
report and reregister;
failure to respond to address
verification; providing false
registration information.
1740
985.4815(10) 3rd Sexual offender; failure
to submit to the taking
of a digitized
photograph.
1741
985.4815(12) 3rd Failure to report or
providing false
information about a
sexual offender; harbor
or conceal a sexual
offender.
1742
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985.4815(13) 3rd Sexual offender; failure to
report and reregister;
failure to respond to
address verification;
providing false registration
information.
1743
1744
Section 27. This act shall take effect December 31, 2024. 1745