Florida Senate - 2025 SB 470 By Senator Rodriguez 40-00657B-25 2025470__ 1 A bill to be entitled 2 An act relating to naturopathic medicine; 3 redesignating the title of ch. 462, F.S., from 4 Naturopathy to Naturopathic Medicine; creating s. 5 462.001, F.S.; providing legislative findings and 6 purpose; creating s. 462.002, F.S.; providing 7 applicability and construction; renumbering and 8 amending s. 462.01, F.S.; revising and defining terms; 9 creating s. 462.004, F.S.; creating the Board of 10 Naturopathic Medicine within the Department of Health; 11 providing for membership of the board; requiring the 12 board, in conjunction with the department, to 13 establish a disciplinary training program for board 14 members; providing requirements for the program; 15 providing that board members may not participate in 16 probable cause panels or disciplinary decisions unless 17 they have completed the training program; requiring 18 board members appointed to probable cause panels to 19 attempt to complete their work on every case 20 presented; authorizing board members to reconvene a 21 probable cause panel under certain circumstances; 22 providing applicability; renumbering and amending s. 23 462.023, F.S.; authorizing the board to adopt rules; 24 deleting obsolete language; creating s. 462.006, F.S.; 25 prohibiting certain unlicensed persons from practicing 26 naturopathic medicine or promoting, identifying, or 27 describing themselves using specified titles or 28 abbreviations; providing construction; creating s. 29 462.007, F.S.; providing for licensure by examination 30 of naturopathic physicians; requiring the department 31 and the board to use an investigative process that 32 ensures 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 certified 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 creating s. 462.008, F.S.; providing for licensure by 46 endorsement of naturopathic physicians; renumbering 47 and amending s. 462.08, F.S.; revising requirements 48 for licensure renewal for naturopathic physicians; 49 requiring the department to adopt rules; renumbering 50 and amending s. 462.18, F.S.; revising continuing 51 education requirements for naturopathic physicians; 52 requiring naturopathic physicians to use the 53 departments electronic continuing education tracking 54 system to demonstrate compliance with continuing 55 education requirements; renumbering and amending s. 56 462.19, F.S.; revising provisions related to 57 reactivation of inactive naturopathic physician 58 licenses; requiring the board to adopt rules relating 59 to the reactivation of inactive licenses; providing 60 requirements for the rules; prohibiting the department 61 from reactivating a license until certain conditions 62 have been met; renumbering and amending s. 462.11, 63 F.S.; conforming a provision to changes made by the 64 act; creating s. 462.014, F.S.; requiring the board to 65 adopt rules providing for the handling of medical 66 records by licensed naturopathic physicians; providing 67 requirements for such rules; creating s. 462.015, 68 F.S.; providing financial responsibility requirements 69 as a condition of licensure for naturopathic 70 physicians; providing exemptions from such 71 requirements; requiring certain insuring entities to 72 notify the department promptly of a naturopathic 73 physicians cancellation or nonrenewal of insurance; 74 requiring the department to suspend the license of a 75 naturopathic physician under certain circumstances 76 until the licensee demonstrates compliance with 77 specified requirements; providing applicability; 78 requiring certain naturopathic physicians to provide a 79 specified notice to their patients; providing 80 requirements for the notice; providing for permanent 81 disqualification from any exemption from the financial 82 responsibility requirements, and for disciplinary 83 action, for specified conduct; requiring certain 84 naturopathic physicians to notify the department in 85 writing of any change in circumstance and demonstrate 86 compliance with certain requirements; requiring the 87 department to suspend the license of a naturopathic 88 physician under certain circumstances until certain 89 requirements are met; providing applicability; 90 requiring the board to adopt rules; renumbering and 91 amending s. 462.13, F.S.; conforming a provision to 92 changes made by the act; renumbering and amending s. 93 462.14, F.S.; revising grounds for disciplinary 94 action; providing construction; providing for 95 disciplinary actions by the board and department; 96 providing for the standard of proof in certain 97 administrative actions; providing requirements for the 98 reinstatement of a license for certain persons; 99 providing requirements for disciplinary guidelines 100 adopted by the board; providing requirements and 101 procedures for the departments receipt of certain 102 closed claims and reports involving a licensed 103 naturopathic physician; authorizing the department to 104 bring an action to enjoin a naturopathic physician 105 from providing medical services under certain 106 circumstances; requiring the department to furnish 107 certain documents promptly to a naturopathic physician 108 or her or his attorney upon undertaking an 109 investigation of the naturopathic physician; 110 authorizing a naturopathic physician who is the 111 subject of such investigation to submit a written 112 response within a specified timeframe; requiring that 113 the response be considered by the probable cause 114 panel, if held on the matter; creating s. 462.018, 115 F.S.; prohibiting licensed naturopathic physicians 116 from holding themselves out as board-certified 117 specialists unless certified by the board regulating 118 such specialty; authorizing licensed naturopathic 119 physicians to indicate or state accurately which 120 services or types of services they provide within the 121 scope of practice of naturopathic medicine; 122 renumbering and amending s. 462.17, F.S.; providing 123 criminal penalties for specified violations relating 124 to the practice of naturopathic medicine; creating s. 125 462.024, F.S.; providing that patients are responsible 126 for advising treating health care practitioners about 127 any legend drug, nutrient, or natural medicinal 128 substance that a naturopathic physician has prescribed 129 or recommended to the patient; requiring naturopathic 130 physicians to advise their patients of such 131 responsibility; creating a rebuttable presumption that 132 certain injuries sustained by a patient are caused by 133 her or his failure to disclose such information as 134 required; providing for the rebuttal of such 135 presumption under certain circumstances; providing 136 construction; providing that a naturopathic physician 137 is not required to confirm whether a patient has 138 disclosed this information to another treating health 139 care practitioner; creating s. 462.025, F.S.; 140 providing severability; renumbering s. 462.09, F.S., 141 relating to disposition of fees; repealing s. 462.16, 142 F.S., relating to reissue of license; repealing s. 143 462.2001, F.S., relating to saving clause; amending 144 ss. 20.43, 381.0031, 468.301, 476.044, 477.0135, 145 485.003, 486.161, 627.351, 893.02, and 921.0022, F.S.; 146 conforming provisions to changes made by the act; 147 providing an effective date. 148 149 Be It Enacted by the Legislature of the State of Florida: 150 151 Section 1.Chapter 462, Florida Statutes, entitled 152 Naturopathy, is redesignated as Naturopathic Medicine. 153 Section 2.Section 462.001, Florida Statutes, is created to 154 read: 155 462.001Legislative findings; purpose. 156 (1)The Legislature finds that a significant number of this 157 states residents choose naturopathic medicine for their health 158 care needs, and the Legislature acknowledges that naturopathic 159 medicine is a distinct health care profession that affects the 160 public health, safety, and welfare and contributes to freedom of 161 choice in health care. 162 (2)The purpose of this chapter is to provide standards for 163 the licensing and regulation of naturopathic physicians in order 164 to protect the public health, safety, and welfare; to ensure 165 that naturopathic health care provided by qualified naturopathic 166 physicians is available to residents of this state; and to 167 provide a means of identifying qualified naturopathic 168 physicians. 169 Section 3.Section 462.002, Florida Statutes, is created to 170 read: 171 462.002Exceptions. 172 (1)This chapter does not apply to: 173 (a)Other duly licensed health care practitioners acting 174 within their respective scopes of practice, as authorized by 175 statute. 176 (b)Students practicing under the direct supervision of a 177 licensed naturopathic physician as part of a preceptorship 178 program while enrolled in a college or university program that 179 is accredited by, or has candidacy status with, the Council on 180 Naturopathic Medical Education or an equivalent accrediting body 181 for the naturopathic medical profession which is recognized by 182 the United States Department of Education and the board. 183 (c)Naturopathic residents practicing under the direct 184 supervision of a licensed naturopathic physician at a residency 185 site recognized by the Council on Naturopathic Medical Education 186 or by an equivalent accrediting body for the naturopathic 187 medical profession which is recognized by the United States 188 Department of Education and the board. 189 (d)The practice of the religious tenets of any church in 190 this state. 191 (e)The domestic administration of recognized family 192 remedies. 193 (2)This chapter does not prohibit: 194 (a)A person who sells a dietary supplement from providing 195 information about the dietary supplement. 196 (b)Any person: 197 1.Not licensed as a naturopathic physician from employing 198 in their occupation ayurveda, herbalism, homeopathy, nutrition, 199 traditional naturopathy, or other natural therapy included as 200 part of the practice of naturopathic medicine as defined in s. 201 462.003(8)(a); or 202 2.From using such terms as, but not limited to, 203 traditional naturopath, provided that the person does not: 204 a.Use a title protected under s. 462.006; 205 b.Represent or assume the character or appearance of a 206 person described in s. 462.006; or 207 c.Use a name, title, or other designation that indicates 208 or implies that she or he is a person described in s. 462.006. 209 (3)This chapter may not be construed to prohibit any 210 service rendered by a person if such service is rendered under 211 the direct supervision and control of a licensed naturopathic 212 physician who is available if needed, provides specific 213 direction for any service to be performed, and gives final 214 approval for all services performed. 215 Section 4.Section 462.01, Florida Statutes, is renumbered 216 as section 462.003, Florida Statutes, and amended to read: 217 462.003 462.01Definitions.As used in this chapter, the 218 term: 219 (1)Board means the Board of Naturopathic Medicine 220 Natureopathy and Naturopathy shall be construed as 221 synonymous terms and mean the use and practice of psychological, 222 mechanical, and material health sciences to aid in purifying, 223 cleansing, and normalizing human tissues for the preservation or 224 restoration of health, according to the fundamental principles 225 of anatomy, physiology, and applied psychology, as may be 226 required. Naturopathic practice employs, among other agencies, 227 phytotherapy, dietetics, psychotherapy, suggestotherapy, 228 hydrotherapy, zone therapy, biochemistry, external applications, 229 electrotherapy, mechanotherapy, mechanical and electrical 230 appliances, hygiene, first aid, sanitation, and heliotherapy; 231 provided, however, that nothing in this chapter shall be held or 232 construed to authorize any naturopathic physician licensed 233 hereunder to practice materia medica or surgery or chiropractic 234 medicine, nor shall the provisions of this law in any manner 235 apply to or affect the practice of osteopathic medicine, 236 chiropractic medicine, Christian Science, or any other treatment 237 authorized and provided for by law for the cure or prevention of 238 disease and ailments. 239 (2)Department means the Department of Health. 240 (3)Division means the Division of Medical Quality 241 Assurance of the department. 242 (4)Legend drug has the same meaning as prescription 243 drug as defined in s. 499.003. 244 (5)Naturopathic doctoral degree means the Doctor of 245 Naturopathic Medicine, Doctor of Naturopathy, or Diploma of 246 Naturopathic Medicine degree, designated with the post-nominals 247 N.D. or N.M.D., from a college or university that is 248 accredited by, or has candidacy status with, the Council on 249 Naturopathic Medical Education or an equivalent accrediting body 250 for the naturopathic medical profession which is recognized by 251 the United States Department of Education and the board. When 252 referring to a naturopathic doctoral degree, the terms and post 253 nominals specified in this subsection must be construed as 254 equivalent to each other. 255 (6)Naturopathic physician, which must be construed as 256 synonymous with the term naturopathic doctor, means a person 257 with a naturopathic doctoral degree who is licensed to practice 258 naturopathic medicine under this chapter. 259 (7)Naturopathic therapeutic order means a principle 260 defined by the American Association of Naturopathic Physicians 261 to guide naturopathic physicians in resolving a patients 262 symptoms and addressing the root cause of a patients disease 263 while using the least therapeutic force necessary. 264 (8)(a)Practice of naturopathic medicine, which must be 265 construed as synonymous with the term naturopathic medicine, 266 means the diagnosis, prevention, and treatment by a naturopathic 267 physician of any deformity, disease, injury, pain, or other 268 physical or mental condition using botanical or fungal extracts, 269 clinical nutrition, counseling techniques, dietary supplements, 270 environmental medicine, homeopathic remedies, compounded 271 bioidentical hormones, legend drugs, lifestyle medicine, or 272 physical medicine in a manner consistent with prescriptive 273 rights as defined herein, and emphasizing the importance of the 274 principles of naturopathic medicine and the naturopathic 275 therapeutic order. 276 (b)The practice of naturopathic medicine does not include 277 any of the following: 278 1.Prescribing, dispensing, or administering any legend 279 drug. 280 2.Performing any surgical procedure. 281 3.Practicing or claiming to practice as a medical doctor 282 or physician, an osteopathic physician, a dentist, a podiatric 283 physician, an optometrist, a psychologist, a nurse practitioner, 284 a physician assistant, a chiropractic physician, a physical 285 therapist, an acupuncturist, a midwife, or any other health care 286 practitioner as defined in s. 456.001. 287 4.Using general or spinal anesthetics. 288 5.Administering ionizing radioactive substances. 289 6.Performing chiropractic or osteopathic adjustments or 290 manipulations that include highvelocity thrusts at or beyond 291 the end range of normal joint motion, unless the naturopathic 292 physician is also licensed as a chiropractic physician or an 293 osteopathic physician. 294 7.Performing acupuncture, unless the naturopathic 295 physician is also licensed as an acupuncturist. 296 8.Prescribing, dispensing, or administering for cosmetic 297 purposes any legend drug specified in the definition of the term 298 prescriptive rights. 299 9.Managing labor and delivery, unless the naturopathic 300 physician is also a licensed midwife. 301 (9)Preceptorship program means a component of a 302 naturopathic doctoral degree program which allows naturopathic 303 medical students to observe health care practitioners while 304 attending patients, giving naturopathic medical students a wide 305 variety of experiences in different health care settings in 306 order to develop clinical knowledge, attitudes, and skills 307 relevant to the role of a naturopathic physician. 308 (10)Prescriptive rights means the administration, 309 prescription, or use of clinical laboratory testing; diagnostic 310 imaging; injection therapy using herbs, homeopathic remedies, 311 and nutritional agents in sterile form; medical devices; and 312 oral or topical compounded bioidentical hormones, all of which 313 are routinely used in the practice of naturopathic medicine. 314 (11)Principles of naturopathic medicine means the 315 foundations of naturopathic medical education and practice as 316 set forth by the American Association of Naturopathic 317 Physicians, including all of the following principles: 318 (a)The healing power of nature. 319 (b)Identify and treat the causes. 320 (c)First do no harm. 321 (d)Doctor as teacher. 322 (e)Treat the whole person. 323 (f)Prevention. 324 (12)Traditional naturopathy means the use of the 325 naturopathic therapeutic order, the principles of naturopathic 326 medicine, or natural therapies included as part of the practice 327 of naturopathic medicine as defined in this section, excluding 328 the use of anything defined herein as a prescriptive right by 329 individuals not meeting the definition of a naturopathic 330 physician. 331 Section 5.Section 462.004, Florida Statutes, is created to 332 read: 333 462.004Board of Naturopathic Medicine. 334 (1)There is created within the department the Board of 335 Naturopathic Medicine, composed of seven members appointed by 336 the Governor and confirmed by the Senate. 337 (2)(a)Five members of the board must be licensed 338 naturopathic physicians in good standing in this state who are 339 residents of this state. 340 (b)Two members must be residents of this state who are 341 not, and have never been, licensed health care practitioners. 342 (c)At least one member must be 55 years of age or older. 343 (3)For the purpose of staggering terms, the Governor shall 344 initially appoint to the board three members for terms of 4 345 years each, two members for terms of 3 years each, and two 346 members for terms of 2 years each. As the terms of board members 347 expire, the Governor shall appoint successors for terms of 4 348 years, and such members shall serve until their successors are 349 appointed. 350 (4)The board, in conjunction with the department, shall 351 establish a disciplinary training program for members of the 352 board. The program must provide for initial and, thereafter, 353 periodic training on the grounds for disciplinary action, the 354 actions that may be taken by the board and the department, 355 changes in relevant statutes and rules, and all relevant 356 judicial and administrative decisions. A member of the board may 357 not participate on a probable cause panel or in a disciplinary 358 decision of the board unless she or he has completed the 359 disciplinary training program. 360 (5)During the terms of service of members of the board on 361 a probable cause panel, such members shall attempt to complete 362 their work on every case presented to them. If consideration of 363 a case has begun but is not completed during the terms of 364 service of the board members on the panel, the board members may 365 reconvene as a probable cause panel for the purpose of 366 completing their deliberations on that case. 367 (6)All provisions of chapter 456 relating to activities of 368 boards apply to the board. 369 Section 6.Section 462.023, Florida Statutes, is renumbered 370 as section 462.005, Florida Statutes, and amended to read: 371 462.005 462.023Rulemaking authority; powers and duties of 372 the board department.The board department may adopt such rules 373 pursuant to ss. 120.536(1) and 120.54 to implement the 374 provisions of this chapter conferring duties upon it and as are 375 necessary to carry out the purposes of this chapter, and may 376 initiate disciplinary action as provided by this chapter, and 377 shall establish fees based on its estimates of the revenue 378 required to administer this chapter but shall not exceed the fee 379 amounts provided in this chapter. The department shall not adopt 380 any rules which would cause any person who was not licensed in 381 accordance with this chapter on July 1, 1959, and had not been a 382 resident of the state for 2 years prior to such date, to become 383 licensed. 384 Section 7.Section 462.006, Florida Statutes, is created to 385 read: 386 462.006License required. 387 (1)Unless licensed under this chapter, a person may not 388 practice naturopathic medicine in this state and may not 389 promote, identify, or describe herself or himself as a doctor 390 of naturopathic medicine, a naturopathic doctor, a doctor of 391 naturopathy, or a naturopathic physician or use the post 392 nominals N.D. or N.M.D. However, this section may not be 393 construed to prohibit any person licensed in this state under 394 any other law from engaging in the practice for which she or he 395 is licensed. 396 (2)This chapter does not restrict the use of traditional 397 naturopathy by individuals who clearly represent themselves as 398 traditional naturopaths. 399 Section 8.Section 462.007, Florida Statutes, is created to 400 read: 401 462.007Licensure by examination. 402 (1)Any person desiring to be licensed as a naturopathic 403 physician must apply to the department on forms furnished by the 404 department. The department shall license each applicant who 405 completes the application form and who the board certifies has 406 met all of the following criteria: 407 (a)Is at least 21 years of age. 408 (b)Has received a bachelors degree from one of the 409 following: 410 1.A college or university accredited by an accrediting 411 agency recognized by the United States Department of Education 412 or the Council for Higher Education Accreditation or its 413 successor entity. 414 2.A college or university in Canada which is a member of 415 Universities Canada. 416 3.A college or university in a foreign country, and such 417 applicant has provided evidence that her or his educational 418 credentials are deemed equivalent to those provided in this 419 country. To have educational credentials deemed equivalent, the 420 applicant must provide her or his foreign educational 421 credentials, including transcripts, course descriptions or 422 syllabi, and diplomas, to a nationally recognized educational 423 credential evaluating agency approved by the board for the 424 evaluation and determination of equivalency of the foreign 425 educational credentials. 426 (c)Has received a naturopathic doctoral degree from a 427 college or program accredited by, or having candidacy status 428 with, the Council on Naturopathic Medical Education or another 429 accrediting agency recognized by the United States Department of 430 Education and the board. 431 (d)Is physically and mentally fit to practice as a 432 naturopathic physician. 433 (e)Is of good moral character and has not done any of the 434 following: 435 1.Committed any act or offense in this or any other 436 jurisdiction which would constitute the basis for disciplining a 437 naturopathic physician pursuant to s. 462.017. 438 2.Had an application for licensure in any profession 439 denied or had her or his license to practice any profession 440 revoked or suspended by any other state, district, or territory 441 of the United States or another country for reasons that relate 442 to her or his ability to practice skillfully and safely as a 443 naturopathic physician. 444 3.Been found guilty of a felony. 445 446 The board and the department shall ensure that applicants for 447 licensure meet the criteria of this paragraph by independently 448 verifying the provided information through the departments 449 investigative process. 450 (f)Has submitted to the department a set of fingerprints 451 on a form and in accordance with procedures specified by the 452 department, along with payment in an amount equal to the costs 453 incurred by the department for the criminal background check of 454 the applicant. 455 (g)Has demonstrated compliance with the financial 456 responsibility requirements imposed under s. 462.015. 457 (h)Has obtained a passing score, as determined by board 458 rule, on Part I - Biomedical Science Examination and Part II - 459 Core Clinical Science Examination of the competency-based 460 national Naturopathic Physician Licensing Examination 461 administered by the North American Board of Naturopathic 462 Examiners, or an equivalent examination offered by an equivalent 463 or successor entity, as approved by the board. 464 (2)The department and the board shall ensure that 465 applicants for licensure satisfy the applicable criteria in this 466 section through an investigative process. If the investigative 467 process is not completed within the timeframe established in s. 468 120.60(1) and the department or board has reason to believe that 469 the applicant does not meet such criteria, the State Surgeon 470 General or her or his designee may issue a 90-day licensure 471 delay, which must be in writing and sufficient to notify the 472 applicant of the reason for the delay. This subsection prevails 473 over any conflicting provision of s. 120.60(1). 474 (3)The board may not certify to the department for 475 licensure any applicant who is under investigation in another 476 jurisdiction for an offense that would constitute a violation of 477 this chapter or chapter 456 until the investigation has been 478 completed. Upon completion of the investigation, s. 462.017 479 applies. 480 (4)(a)The department may not issue a license to any 481 individual who has committed an act or offense in any 482 jurisdiction which would constitute the basis for disciplining a 483 naturopathic physician under s. 462.017 until the board has 484 reviewed the application and certified the applicant for 485 licensure. 486 (b)If the board finds that an applicant for licensure has 487 committed an act or offense in any jurisdiction which would 488 constitute the basis for disciplining a naturopathic physician 489 under s. 462.017, the board may enter an order imposing one or 490 more of the sanctions set forth in that section and s. 491 456.072(2) as applicable to applicants for licensure, including 492 refusing to certify an application for licensure or certifying 493 an application for licensure with conditions. 494 (5)If the board determines that an applicant for licensure 495 has failed to meet, to the boards satisfaction, any of the 496 requirements of this section, it may enter an order imposing one 497 or more of the following sanctions: 498 (a)Refusal to certify to the department an application for 499 licensure. 500 (b)Certification to the department of an application for 501 licensure with restrictions on the scope of practice of the 502 naturopathic physician. 503 (c)Certification to the department of an application for 504 licensure with a probationary period for the applicant, subject 505 to such conditions as the board specifies, including, but not 506 limited to, requiring the naturopathic physician to submit to 507 treatment, attend continuing education courses, submit to 508 reexamination, or work under the supervision of another 509 naturopathic physician. 510 Section 9.Section 462.008, Florida Statutes, is created to 511 read: 512 462.008Licensure by endorsement.The department shall 513 issue a license to practice naturopathic medicine by endorsement 514 to an applicant who, upon applying to the department on forms 515 furnished by the department, the board certifies has met the 516 requirements for licensure by endorsement under s. 456.0145. 517 Section 10.Section 462.08, Florida Statutes, is renumbered 518 as section 462.009, Florida Statutes, and amended to read: 519 462.009 462.08Renewal of license to practice naturopathic 520 medicine naturopathy. 521 (1)In order to continue practicing naturopathic medicine 522 in this state, each licensed naturopathic physician must 523 licenseholder shall biennially renew her or his license to 524 practice naturopathic medicine naturopathy. The applicant for 525 license renewal must furnish to the board department such 526 evidence as it requires of the applicants compliance with s. 527 462.011 s. 462.18, relating to continuing education educational 528 requirements, and s. 462.015, relating to financial 529 responsibility requirements. The nonrefundable biennial renewal 530 fee, the amount of which shall be determined by the department 531 but which may not exceed $1,000, must be paid at the time the 532 application for renewal of the license is filed. 533 (2)The department shall adopt rules establishing 534 procedures for the biennial renewal of licenses under this 535 chapter. 536 Section 11.Section 462.18, Florida Statutes, is renumbered 537 as section 462.011, Florida Statutes, and amended to read: 538 462.011 462.18Continuing education Educational 539 requirements. 540 (1)At the time each licensee renews shall renew her or his 541 license as otherwise provided in s. 462.009 this chapter, each 542 licensee must, in addition to the payment of the regular renewal 543 fee, shall furnish to the board department satisfactory evidence 544 that, in the preceding biennial period, the licensee has 545 completed the continuing education requirements of this section. 546 (2)The board shall require each licensee to complete at 547 least 60 hours of continuing education during each biennial 548 renewal period. 549 (a)The board shall approve organizations that accredit 550 naturopathic continuing education providers, including, but not 551 limited to, the American Association of Naturopathic Physicians, 552 the North American Naturopathic Continuing Education 553 Accreditation Council, and the Oregon Association of 554 Naturopathic Physicians. 555 (b)The determination of whether substitute continuing 556 education programs are permissible is solely within the 557 discretion of the board. 558 (3)The licensee must use the electronic continuing 559 education tracking system developed by the department under s. 560 456.0361 to demonstrate compliance with the continuing education 561 requirements of this section year preceding each such 562 application for renewal, the licensee has attended the 2-day 563 educational program as promulgated and conducted by the Florida 564 Naturopathic Physicians Association, Inc., or, as a substitute 565 therefor, the equivalent of that program as approved by the 566 department. The department shall send a written notice to this 567 effect to every person holding a valid license to practice 568 naturopathy within this state at least 30 days prior to May 1 in 569 each even-numbered year, directed to the last known address of 570 such licensee, and shall enclose with the notice proper blank 571 forms for application for annual license renewal. All of the 572 details and requirements of the aforesaid educational program 573 shall be adopted and prescribed by the department. In the event 574 of national emergencies, or for sufficient reason, the 575 department shall have the power to excuse the naturopathic 576 physicians as a group or as individuals from taking this 577 postgraduate course. 578 (2)The determination of whether a substitute annual 579 educational program is necessary shall be solely within the 580 discretion of the department. 581 Section 12.Section 462.19, Florida Statutes, is renumbered 582 as section 462.012, Florida Statutes, and amended to read: 583 462.012 462.19Renewal of license; Inactive status; 584 reactivation of license. 585 (1)A licensee may reactivate an inactive license by 586 applying to the department and submitting proof of compliance 587 with the financial responsibility requirements of s. 462.015. 588 (2)The board shall adopt rules relating to the 589 reactivation of licenses that have become inactive and for the 590 renewal of inactive licenses. The rules must include continuing 591 education requirements as a condition for reactivating a 592 license. The continuing education requirements for reactivating 593 a license may not be fewer than 20 classroom hours for each year 594 the license was inactive. 595 (3)The department may not reactivate a license unless the 596 financial responsibility requirements of s. 462.015 have been 597 satisfied The department shall renew a license upon receipt of 598 the renewal application and fee. 599 (2)A licensee may request that her or his license be 600 placed in an inactive status by making application to the 601 department and paying a fee in an amount set by the department 602 not to exceed $50. 603 Section 13.Section 462.11, Florida Statutes, is renumbered 604 as section 462.013, Florida Statutes, and amended to read: 605 462.013 462.11Obligations of naturopathic physicians 606 Naturopaths to observe regulations.Naturopathic physicians 607 Doctors of naturopathy shall comply with observe and are be 608 subject to all state, county, and municipal regulations relating 609 in regard to the control of contagious and infectious diseases, 610 the reporting of births and deaths, and to any and all other 611 matters pertaining to the public health in the same manner as is 612 required of other health care practitioners of the healing art. 613 Section 14.Section 462.014, Florida Statutes, is created 614 to read: 615 462.014Patient records; termination of practice.The board 616 shall adopt rules providing for the handling of medical records 617 by licensed naturopathic physicians, including when a 618 naturopathic physician sells or otherwise terminates a practice. 619 The rules must provide for notification of the naturopathic 620 physicians patients of the termination of the practice and for 621 an opportunity for the patients to request the transfer of their 622 medical records to another physician or health care practitioner 623 upon payment of actual costs for such transfer. 624 Section 15.Section 462.015, Florida Statutes, is created 625 to read: 626 462.015Financial responsibility. 627 (1)As a condition of licensure, a naturopathic physician 628 must, by one of the following methods, demonstrate to the 629 satisfaction of the board and the department that she or he has 630 the ability to pay claims and ancillary costs arising from the 631 rendering of, or the failure to render, medical care or 632 services: 633 (a)Establishing and maintaining an escrow account 634 consisting of cash or assets eligible for deposit in accordance 635 with s. 625.52 in the per-claim amounts specified in paragraph 636 (b). Expenditures may not be made from the escrow account for 637 litigation costs or attorney fees for the defense of any medical 638 malpractice claim. 639 (b)Obtaining and maintaining professional liability 640 coverage in an amount not less than $100,000 per claim, with a 641 minimum annual aggregate of not less than $300,000, from an 642 authorized insurer as defined under s. 624.09, from an eligible 643 surplus lines insurer as defined under s. 626.914(2), from a 644 risk retention group as defined under s. 627.942, from the Joint 645 Underwriting Association operated under s. 627.351(4), or 646 through medical malpractice self-insurance as provided in s. 647 627.357. Expenditures may not be made from the required coverage 648 amount for litigation costs or attorney fees for the defense of 649 any medical malpractice claim. 650 (c)Obtaining and maintaining an unexpired, irrevocable 651 letter of credit, issued pursuant to chapter 675, in an amount 652 not less than $100,000 per claim, with a minimum aggregate 653 availability of credit of not less than $300,000. The letter of 654 credit must be payable to the naturopathic physician as 655 beneficiary upon presentment of a final judgment indicating 656 liability and awarding damages to be paid by the naturopathic 657 physician or upon presentment of a settlement agreement signed 658 by all parties to such agreement when such final judgment or 659 settlement is a result of a claim arising out of the rendering 660 of, or the failure to render, medical care or services. The 661 letter of credit may not be used for litigation costs or 662 attorney fees for the defense of any medical malpractice claim. 663 The letter of credit must be nonassignable and nontransferable 664 and be issued by a bank or savings association organized and 665 existing under the laws of this state or a bank or savings 666 association organized under the laws of the United States which 667 has its principal place of business in this state or has a 668 branch office authorized under the laws of this state or of the 669 United States to receive deposits in this state. 670 (2)(a)Meeting the financial responsibility requirements of 671 this section or the criteria for any exemption from such 672 requirements must be demonstrated at the time of issuance, 673 renewal, or reactivation of a naturopathic physician license. 674 (b)Any person may, at any time, submit to the department a 675 request for an advisory opinion regarding such persons 676 qualifications for exemption. 677 (3)(a)Each insurer, self-insurer, or risk retention group 678 or the Joint Underwriting Association must promptly notify the 679 department of a cancellation or nonrenewal of insurance required 680 by this section. Unless the naturopathic physician demonstrates 681 that she or he is otherwise in compliance with the requirements 682 of this section, the department shall suspend the license of the 683 naturopathic physician pursuant to ss. 120.569 and 120.57 and 684 notify all health care facilities licensed under part IV of 685 chapter 394 or chapter 395 or a health maintenance organization 686 certified under part I of chapter 641 of such action. Any 687 suspension imposed under this subsection remains in effect until 688 the naturopathic physician demonstrates compliance with the 689 requirements of this section. If any judgment or settlement is 690 pending at the time of suspension, the judgment or settlement 691 must be paid in accordance with this section unless otherwise 692 mutually agreed to in writing by the parties. This paragraph 693 does not abrogate a judgment debtors obligation to satisfy the 694 entire amount of any judgment. 695 (b)If the financial responsibility requirements are met by 696 maintaining an escrow account or letter of credit as provided in 697 this section, upon the entry of an adverse final judgment 698 arising from a medical malpractice arbitration award, from a 699 claim in contract or tort of medical malpractice, or from 700 noncompliance with the terms of a settlement agreement arising 701 from a claim in contract or tort of medical malpractice, the 702 naturopathic physician must pay the entire amount of the 703 judgment together with all accrued interest or the amount 704 maintained in the escrow account or provided in the letter of 705 credit as required by this section, whichever is less, within 60 706 days after the date such judgment becomes final and subject to 707 execution, unless otherwise mutually agreed to in writing by the 708 parties. If timely payment is not made by the naturopathic 709 physician, the department must suspend the license of the 710 naturopathic physician pursuant to procedures set forth in 711 subparagraphs (4)(f)2.-5. This paragraph does not abrogate a 712 judgment debtors obligation to satisfy the entire amount of any 713 judgment. 714 (4)The requirements imposed in subsection (1) do not apply 715 to: 716 (a)Any person licensed under this chapter who practices 717 naturopathic medicine exclusively as an officer, employee, or 718 agent of the Federal Government or of the state or its agencies 719 or subdivisions. For purposes of this subsection, an agent of 720 the state or its agencies or subdivisions is a person who is 721 eligible for coverage under any self-insurance or insurance 722 program as provided in s. 768.28(16). 723 (b)Any person whose license has become inactive under this 724 chapter and who is not practicing naturopathic medicine in this 725 state. Any person applying for reactivation of a naturopathic 726 physician license must either: 727 1.Demonstrate that she or he maintained tail insurance 728 coverage that provided liability coverage for incidents that 729 occurred on or after the initial date of licensure in this state 730 and for incidents that occurred before the date on which the 731 license became inactive; or 732 2.Submit an affidavit stating that she or he has no 733 unsatisfied medical malpractice judgments or settlements at the 734 time of application for reactivation of the license. 735 (c)Any person licensed under this chapter who practices 736 only in conjunction with her or his teaching duties at a college 737 of naturopathic medicine. Such person may engage in the practice 738 of naturopathic medicine to the extent that such practice is 739 incidental to and a necessary part of duties in connection with 740 the teaching position in the college of naturopathic medicine. 741 (d)Any person holding an active naturopathic physician 742 license under this chapter who is not practicing naturopathic 743 medicine in this state. If such person initiates or resumes any 744 practice of naturopathic medicine in this state, she or he must 745 notify the department of such activity and fulfill the financial 746 responsibility requirements of this section before resuming the 747 practice of naturopathic medicine in this state. 748 (e)Any person holding an active naturopathic physician 749 license under this chapter who meets all of the following 750 criteria: 751 1.Has held an active license to practice naturopathic 752 medicine in this state or another state or some combination 753 thereof for more than 15 years. 754 2.Has either retired from the practice of naturopathic 755 medicine or maintains a part-time practice of naturopathic 756 medicine of no more than 1,000 patient contact hours per year. 757 3.Has had no more than two claims for medical malpractice 758 resulting in an indemnity exceeding $25,000 within the previous 759 5-year period. 760 4.Has not been convicted of, or pled guilty or nolo 761 contendere to, any criminal violation specified in this chapter 762 or the practice act of any other state. 763 5.Has not been subject, within the last 10 years of 764 practice, to license revocation or suspension for any period of 765 time, probation for a period of 3 years or longer, or a fine of 766 $500 or more for a violation of this chapter or the naturopathic 767 medical practice act of another jurisdiction. A regulatory 768 agencys acceptance of a naturopathic physicians relinquishment 769 of her or his license or of a stipulation, consent order, or 770 other settlement, offered in response to or in anticipation of 771 the filing of administrative charges against her or his license, 772 constitutes action against the naturopathic physicians license 773 for the purposes of this paragraph. 774 6.Has submitted a form supplying necessary information as 775 required by the department and an affidavit affirming compliance 776 with this paragraph. 777 7.Biennially submits to the department a certification 778 stating compliance with this paragraph. The naturopathic 779 physician must also demonstrate compliance with this paragraph 780 at any time upon department request. 781 782 A naturopathic physician who meets the requirements of this 783 paragraph must provide notice to patients, either by prominently 784 displaying a sign in the reception area of her or his practice 785 in a manner clearly visible to patients or by providing a 786 written statement to each patient to whom she or he provides 787 naturopathic medical services. The sign or statement must read 788 as follows: Under Florida law, naturopathic physicians are 789 generally required to carry medical malpractice insurance or 790 otherwise demonstrate financial responsibility to cover 791 potential claims for medical malpractice. However, certain part 792 time naturopathic physicians who meet certain criteria are 793 exempt from the financial responsibility requirements. YOUR 794 NATUROPATHIC PHYSICIAN MEETS THE EXEMPTION CRITERIA AND HAS 795 DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice 796 is provided pursuant to Florida law. 797 (f)Any person holding an active naturopathic physician 798 license under this chapter who agrees to all of the following 799 conditions: 800 1.Upon the entry of an adverse final judgment arising from 801 a medical malpractice arbitration award, from a claim of medical 802 malpractice either in contract or tort, or from noncompliance 803 with the terms of a settlement agreement arising from a claim of 804 medical malpractice either in contract or tort, the naturopathic 805 physician agrees to pay the judgment creditor the lesser of the 806 entire amount of the judgment with all accrued interest or 807 either $100,000, if the naturopathic physician is licensed 808 pursuant to this chapter but does not maintain hospital staff 809 privileges, or $250,000, if the naturopathic physician is 810 licensed pursuant to this chapter and maintains hospital staff 811 privileges, within 60 days after the date such judgment becomes 812 final and subject to execution, unless otherwise mutually agreed 813 to in writing by the parties. Such adverse final judgment must 814 include any cross-claim, counterclaim, or claim for indemnity or 815 contribution arising from the claim of medical malpractice. Upon 816 notification of the existence of an unsatisfied judgment or 817 payment pursuant to this subparagraph, the department shall 818 notify the naturopathic physician by certified mail that she or 819 he is subject to disciplinary action unless, within 30 days 820 after the date of mailing, the naturopathic physician either: 821 a.Shows proof that the unsatisfied judgment has been paid 822 in the amount specified in this subparagraph; or 823 b.Furnishes the department with a copy of a timely filed 824 notice of appeal and either: 825 (I)A copy of a supersedeas bond properly posted in the 826 amount required by law; or 827 (II)An order from a court of competent jurisdiction 828 staying execution on the final judgment, pending disposition of 829 the appeal. 830 2.The department shall issue an emergency order suspending 831 the license of any naturopathic physician who, 31 days or more 832 after receipt of a notice from the department, has failed to 833 satisfy a medical malpractice claim against him or her; furnish 834 the department a copy of a timely filed notice of appeal; 835 furnish the department a copy of a supersedeas bond properly 836 posted in the amount required by law; or furnish the department 837 an order from a court of competent jurisdiction staying 838 execution on the final judgment pending disposition of the 839 appeal. 840 3.Upon the next meeting of the probable cause panel of the 841 board 31 days or more after the date of mailing the notice of 842 disciplinary action to the naturopathic physician, the panel 843 shall determine whether probable cause exists to take 844 disciplinary action against the naturopathic physician for a 845 violation of subparagraph 1. 846 4.If the board determines that the factual requirements of 847 subparagraph 1. are met, it must take disciplinary action as it 848 deems appropriate against the naturopathic physician. Such 849 disciplinary action must include, at a minimum, probation of the 850 license with the restriction that the naturopathic physician 851 must make payments to the judgment creditor on a schedule 852 determined by the board to be reasonable and within the 853 financial capability of the naturopathic physician. 854 Notwithstanding any other disciplinary penalty imposed, the 855 disciplinary penalty may include suspension of the license for a 856 period not to exceed 5 years. In the event that an agreement to 857 satisfy a judgment has been met, the board must remove any 858 restriction on the license. 859 5.The naturopathic physician must complete a form 860 supplying necessary information as required by department rule. 861 862 A naturopathic physician who agrees to the conditions of this 863 paragraph must provide notice to patients, either by prominently 864 displaying a sign in the reception area of her or his practice, 865 in a manner clearly visible to patients, or by providing a 866 written statement to each patient to whom she or he provides 867 naturopathic medical services. The sign or statement must read 868 as follows: Under Florida law, naturopathic physicians are 869 generally required to carry medical malpractice insurance or 870 otherwise demonstrate financial responsibility to cover 871 potential claims for medical malpractice. However, certain part 872 time naturopathic physicians who meet certain criteria are 873 exempt from the financial responsibility requirements. YOUR 874 NATUROPATHIC PHYSICIAN MEETS THE EXEMPTION CRITERIA AND HAS 875 DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice 876 is provided pursuant to Florida law. 877 (5)A naturopathic physician who makes any deceptive, 878 untrue, or fraudulent representation with respect to any 879 provision of this section is permanently disqualified from any 880 exemption from financial responsibility requirements under this 881 section and is subject to disciplinary action under s. 462.017 882 for such conduct. 883 (6)Any naturopathic physician who relies on an exemption 884 from the financial responsibility requirements must notify the 885 department in writing of any change of circumstance regarding 886 her or his qualifications for such exemption and must 887 demonstrate that she or he is in compliance with the 888 requirements of this section. 889 (7)Notwithstanding any other provision of this section, 890 the department shall suspend the license of any naturopathic 891 physician against whom a final judgment, arbitration award, or 892 other order has been entered or who has entered into a 893 settlement agreement to pay damages arising out of a claim for 894 medical malpractice if all appellate remedies have been 895 exhausted and payment up to the amounts required by this section 896 has not been made within 30 days after the entering of such 897 judgment, award, or order or agreement. A suspension under this 898 subsection remains in effect until proof of payment is received 899 by the department or a payment schedule has been agreed upon by 900 the naturopathic physician and the claimant and presented to the 901 department. This subsection does not apply to a naturopathic 902 physician who has met the financial responsibility requirements 903 under paragraph (1)(b). 904 (8)The board shall adopt rules to implement this section. 905 Section 16.Section 462.13, Florida Statutes, is renumbered 906 as section 462.016, Florida Statutes, and amended to read: 907 462.016 462.13Additional powers and duties of the board 908 and the department.The board and the department may administer 909 oaths, summon witnesses, and take testimony in all matters 910 relating to their respective its duties under pursuant to this 911 chapter. Evidence of an active, Every unrevoked license must 912 shall be presumed by presumptive evidence in all courts and 913 places to be evidence that the person therein named is legally 914 licensed to practice naturopathic medicine in this state 915 naturopathy. The board and the department shall aid the 916 prosecuting attorneys of the state in the enforcement of this 917 chapter. 918 Section 17.Section 462.14, Florida Statutes, is renumbered 919 as section 462.017, Florida Statutes, and amended to read: 920 462.017 462.14Grounds for disciplinary action; action by 921 the board and department. 922 (1)The following acts constitute grounds for denial of a 923 license or disciplinary action, as specified in s. 456.072(2): 924 (a)Attempting to obtain, obtaining, or renewing a license 925 to practice naturopathic medicine by bribery, by fraudulent 926 misrepresentation, or through an error of the board or the 927 department. 928 (b)Having a license to practice naturopathic medicine 929 revoked, suspended, or otherwise acted against, including the 930 denial of licensure, by the licensing authority of another 931 state, territory, or country. The licensing authoritys 932 acceptance of a naturopathic physicians relinquishment of her 933 or his license or of a stipulation, a consent order, or other 934 settlement offered in response to or in anticipation of the 935 filing of administrative charges against her or his license 936 shall be construed as action against the naturopathic 937 physicians license. 938 (c)Being convicted or found guilty, regardless of 939 adjudication, of a crime in any jurisdiction which directly 940 relates to the practice of naturopathic medicine or to the 941 ability to practice naturopathic medicine. Any plea of nolo 942 contendere creates a rebuttable presumption of guilt to the 943 underlying criminal charges shall be considered a conviction for 944 purposes of this chapter. 945 (d)False, deceptive, or misleading advertising. 946 (e)Advertising, practicing, or attempting to practice 947 under a name other than ones own. 948 (f)Failing to report to the department or the departments 949 impaired practitioner program consultant, as applicable, any 950 person whom who the licensee knows is in violation of this 951 chapter or of the rules of the board or department. However, a 952 person whom who the licensee knows is unable to practice 953 naturopathic medicine with reasonable skill and safety to 954 patients by reason of illness or use of alcohol, drugs, 955 narcotics, chemicals, or any other type of material, or as a 956 result of a mental or physical condition, may be reported to a 957 consultant operating an impaired practitioner program as 958 described in s. 456.076 rather than to the department. 959 (f)(g)Aiding, assisting, procuring, or advising any 960 unlicensed person to practice naturopathic medicine contrary to 961 this chapter or to a rule of the board or department. 962 (g)(h)Failing to perform any statutory or legal obligation 963 placed upon a licensed naturopathic physician. 964 (h)Giving false testimony in the course of any legal or 965 administrative proceedings relating to the practice of 966 naturopathic medicine or the delivery of health care services. 967 (i)Making or filing a report which the licensee knows to 968 be false, intentionally or negligently failing to file a report 969 or record required by state or federal law, willfully impeding 970 or obstructing such filing or inducing another person to do so. 971 Such reports or records must shall include only those which are 972 signed in the capacity as a licensed naturopathic physician. 973 (j)Paying or receiving any commission, bonus, kickback, or 974 rebate, or engaging in any split-fee arrangement in any form 975 whatsoever with a physician, an organization, an agency, a or 976 person, a partnership, a firm, a corporation, or other business 977 entity, either directly or indirectly, for patients referred to 978 providers of health care goods and services, including, but not 979 limited to, hospitals, nursing homes, clinical laboratories, 980 ambulatory surgical centers, or pharmacies. The provisions of 981 This paragraph may shall not be construed to prevent a 982 naturopathic physician from receiving a fee for professional 983 consultation services. 984 (k)Refusing to provide health care based on a patients 985 participation in pending or past litigation or participation in 986 any disciplinary action conducted pursuant to this chapter, 987 unless such litigation or disciplinary action directly involves 988 the naturopathic physician requested to provide services. 989 (l)Exercising influence within a patient-physician 990 relationship for purposes of engaging a patient in sexual 991 activity. A patient is shall be presumed to be incapable of 992 giving free, full, and informed consent to sexual activity with 993 her or his naturopathic physician. 994 (m)(l)Making deceptive, untrue, or fraudulent 995 representations in or related to the practice of naturopathic 996 medicine or employing a trick or scheme in the practice of 997 naturopathic medicine when such scheme or trick fails to conform 998 to the generally prevailing standards of treatment in the 999 medical community. 1000 (n)(m)Soliciting patients, either personally or through an 1001 agent, through the use of fraud, intimidation, undue influence, 1002 or a form of overreaching or vexatious conduct. A (n)Failing to keep legible, written medical records, as 1006 defined by department rule in consultation with the board, which 1007 identify by name and professional title the licensed 1008 naturopathic physician or the supervising naturopathic physician 1009 who is responsible for rendering, ordering, supervising, or 1010 billing for each diagnostic or treatment procedure and which 1011 justify justifying the course of treatment of the patient, 1012 including, but not limited to, patient histories, examination 1013 results, test results, X rays, and records of medicine 1014 prescribed, dispensed, or administered, and reports of 1015 consultations and hospitalizations the prescribing, dispensing 1016 and administering of drugs. 1017 (p)Fraudulently altering or destroying records relating to 1018 patient care or treatment, including, but not limited to, 1019 patient histories, examination results, test results, X rays, 1020 records of medicine prescribed, dispensed, or administered, and 1021 reports of consultations and hospitalizations. 1022 (q)(o)Exercising influence on the patient or client in 1023 such a manner as to exploit the patient or client for the 1024 financial gain of the licensee or of a third party, which 1025 includes shall include, but is not be limited to, the promoting 1026 or selling of services, goods, appliances, or medicines. drugs 1027 and the 1028 (r)Promoting or advertising on any prescription form of a 1029 community pharmacy unless the form also states: This 1030 prescription may be filled at any pharmacy of your choice. 1031 (s)(p)Performing professional services that which have not 1032 been duly authorized by the patient or client, or her or his 1033 legal representative, except as provided in s. 743.064, s. 1034 766.103, or s. 768.13. 1035 (t)(q)Except as specified in the prescriptive rights 1036 enumerated in s. 462.003, prescribing, dispensing, 1037 administering, supplying, selling, giving, mixing, or otherwise 1038 preparing a legend drug, including any controlled substance, 1039 other than in the course of the naturopathic physicians 1040 professional practice. For the purposes of this paragraph, it is 1041 shall be legally presumed that prescribing, dispensing, 1042 administering, supplying, selling, giving, mixing, or otherwise 1043 preparing legend drugs, including all controlled substances, 1044 inappropriately or in excessive or inappropriate quantities is 1045 not in the best interest of the patient and is not in the scope 1046 course of the naturopathic physicians professional practice, 1047 regardless of without regard to her or his intent. 1048 (u)(r)Prescribing or, dispensing, or administering any 1049 legend medicinal drug appearing on any schedule set forth in 1050 chapter 893 by the naturopathic physician to herself or himself 1051 or administering any such drug to herself or himself unless such 1052 drug is, except one prescribed for, dispensed, or administered 1053 to the naturopathic physician by another practitioner authorized 1054 to prescribe legend, dispense, or administer medicinal drugs. 1055 (v)(s)Being unable to practice naturopathic medicine with 1056 reasonable skill and safety to patients by reason of illness or 1057 use of alcohol, drugs, narcotics, chemicals, or any other type 1058 of material or as a result of any mental or physical condition. 1059 In enforcing this paragraph, the department shall have, upon a 1060 showing of probable cause, has the authority to issue an order 1061 to compel a naturopathic physician to submit to a mental or 1062 physical examination by naturopathic physicians designated by 1063 the department. If the failure of a naturopathic physician 1064 refuses to comply with such order, the departments order 1065 directing submit to such an examination may be enforced by 1066 filing a petition for enforcement in the circuit court where the 1067 naturopathic physician resides or does business. The 1068 naturopathic physician against whom the petition is filed may 1069 not be named or identified by initials in any public court 1070 record or document, and the proceedings must be closed to the 1071 public. The department is entitled to the summary procedure 1072 provided in s. 51.011 when so directed shall constitute an 1073 admission of the allegations against her or him upon which a 1074 default and final order may be entered without the taking of 1075 testimony or presentation of evidence, unless the failure was 1076 due to circumstances beyond the naturopathic physicians 1077 control. A naturopathic physician subject to an order issued 1078 affected under this paragraph must, shall at reasonable 1079 intervals, be afforded an opportunity to demonstrate that she or 1080 he can resume the competent practice of naturopathic medicine 1081 with reasonable skill and safety to patients. In any proceeding 1082 under this paragraph, neither the record of proceedings nor the 1083 orders entered by the department may be used against a 1084 naturopathic physician in any other proceeding. 1085 (w)Notwithstanding s. 456.072(2) but as specified in s. 1086 456.50(2): 1087 1.Committing medical malpractice as defined in s. 456.50. 1088 The board shall give great weight to s. 766.102 when enforcing 1089 this paragraph. Medical malpractice may not be construed to 1090 require more than one instance, event, or act. 1091 2.Committing gross medical malpractice. 1092 3.Committing repeated medical malpractice as defined in s. 1093 456.50. A person found by the board to have committed such 1094 repeated malpractice may not be licensed or continue to be 1095 licensed to provide health care services as a naturopathic 1096 physician in this state. 1097 1098 This paragraph may not be construed to require that a 1099 naturopathic physician be deemed incompetent to practice 1100 naturopathic medicine in order to be disciplined pursuant to 1101 this paragraph. A recommended order by an administrative law 1102 judge or a final order of the board finding a violation under 1103 this paragraph must specify whether the naturopathic physician 1104 was found to have committed gross medical malpractice, repeated 1105 medical malpractice, or medical malpractice, or any combination 1106 thereof, and any publication by the board must include the 1107 specified finding. 1108 (t)Gross or repeated malpractice or the failure to 1109 practice naturopathic medicine with that level of care, skill, 1110 and treatment which is recognized by a reasonably prudent 1111 similar physician as being acceptable under similar conditions 1112 and circumstances. The department shall give great weight to the 1113 provisions of s. 766.102 when enforcing this paragraph. 1114 (x)(u)Performing any procedure or prescribing any therapy 1115 that which, by the prevailing standards of medical practice in 1116 the naturopathic medical community, constitutes experimentation 1117 on a human subject, without first obtaining full, informed, and 1118 written consent. 1119 (y)(v)Practicing or offering to practice beyond the scope 1120 permitted by law or accepting and performing professional 1121 responsibilities that which the licensee knows or has reason to 1122 know that she or he is not competent to perform. The board may 1123 establish by rule standards of practice and standards of care 1124 for particular practice areas, including, but not limited to, 1125 education and training, equipment and supplies, medications as 1126 specified in the prescriptive rights enumerated in s. 462.003, 1127 assistance from and delegation to other personnel, transfer 1128 agreements, sterilization, records, performance of complex or 1129 multiple procedures, informed consent, and policy and procedure 1130 manuals. 1131 (z)(w)Delegating professional responsibilities to a person 1132 when the licensee delegating such responsibilities knows or has 1133 reason to know that such person is not qualified by training, 1134 experience, or licensure to perform them. 1135 (aa)(x)Violating a lawful order of the board or the 1136 department which was previously entered in a disciplinary 1137 hearing or failing to comply with a lawfully issued subpoena of 1138 the board or department. 1139 (bb)(y)Conspiring with another licensee or with any other 1140 person to commit an act, or committing an act, which would tend 1141 to coerce, intimidate, or preclude another licensee from 1142 lawfully advertising her or his services. 1143 (cc)(z)Procuring, or aiding or abetting in the procuring 1144 of, an unlawful termination of pregnancy. 1145 (dd)(aa)Presigning blank prescription forms. 1146 (ee)Failing to supervise adequately the activities of any 1147 persons acting under the supervision of the naturopathic 1148 physician. 1149 (bb)Prescribing by the naturopathic physician for office 1150 use any medicinal drug appearing on Schedule II in chapter 893. 1151 (cc)Prescribing, ordering, dispensing, administering, 1152 supplying, selling, or giving any drug which is an amphetamine 1153 or sympathomimetic amine drug, or a compound designated pursuant 1154 to chapter 893 as a Schedule II controlled substance to or for 1155 any person except for: 1156 1.The treatment of narcolepsy; hyperkinesis; behavioral 1157 syndrome in children characterized by the developmentally 1158 inappropriate symptoms of moderate to severe distractability, 1159 short attention span, hyperactivity, emotional lability, and 1160 impulsivity; or drug-induced brain dysfunction. 1161 2.The differential diagnostic psychiatric evaluation of 1162 depression or the treatment of depression shown to be refractory 1163 to other therapeutic modalities. 1164 3.The clinical investigation of the effects of such drugs 1165 or compounds when an investigative protocol therefor is 1166 submitted to, reviewed, and approved by the department before 1167 such investigation is begun. 1168 (ff)(dd)Prescribing, ordering, dispensing, administering, 1169 supplying, selling, or giving growth hormones, testosterone or 1170 its analogs, human chorionic gonadotropin (HCG), or other 1171 hormones for the purpose of muscle building or to enhance 1172 athletic performance. For the purposes of this subsection, the 1173 term muscle building does not include the treatment of injured 1174 muscle. A prescription written for the drug products identified 1175 in this paragraph listed above may be dispensed by the 1176 pharmacist with the presumption that the prescription is for 1177 legitimate medical use. 1178 (gg)Misrepresenting or concealing a material fact at any 1179 time during any phase of a licensing or disciplinary process or 1180 procedure. 1181 (hh)Interfering with an investigation or with any 1182 disciplinary proceeding. 1183 (ii)Failing to report to the department any person 1184 licensed under chapter 458, chapter 459, or this chapter whom 1185 the naturopathic physician knows has violated the grounds for 1186 disciplinary action set out in the law under which that person 1187 is licensed and who provides health care services in a facility 1188 licensed under chapter 395, or a health maintenance organization 1189 certificated under part I of chapter 641, in which the 1190 naturopathic physician also provides services. 1191 (jj)Being found by any court in this state to have 1192 provided, without reasonable investigation, corroborating 1193 written medical expert opinion attached to any statutorily 1194 required notice of claim or intent or to any statutorily 1195 required response rejecting a claim. 1196 (kk)Except as provided in s. 462.018, advertising or 1197 holding oneself out as a board-certified specialist in violation 1198 of this chapter. 1199 (ll)Failing to comply with the requirements of ss. 381.026 1200 and 381.0261 to provide patients with information about their 1201 patient rights and how to file a patient complaint. 1202 (mm)(ee)Violating any provision of this chapter or chapter 1203 456, or any rule rules adopted pursuant thereto. 1204 (nn)Providing deceptive or fraudulent expert witness 1205 testimony related to the practice of naturopathic medicine. 1206 (oo)Promoting or advertising through any communication 1207 medium the use, sale, or dispensing of any controlled substance 1208 appearing on any schedule in chapter 893. 1209 (pp)Willfully failing to comply with s. 627.64194 or s. 1210 641.513 with such frequency as to indicate a general business 1211 practice. 1212 (2)The board department may enter an order denying 1213 licensure or imposing any of the penalties in s. 456.072(2) 1214 against any applicant for licensure or licensee who is found 1215 guilty of violating any provision of subsection (1) of this 1216 section or who is found guilty of violating any provision of s. 1217 456.072(1). In determining what action is appropriate, the board 1218 must first consider which sanctions are necessary to protect the 1219 public or to compensate the patient. Only after those sanctions 1220 have been imposed may the board consider and include in the 1221 order other requirements designed to rehabilitate the 1222 naturopathic physician. All costs associated with compliance 1223 with orders issued under this subsection are the obligation of 1224 the naturopathic physician. 1225 (3)In any administrative action against a naturopathic 1226 physician which does not involve a revocation or suspension of 1227 license, the division has the burden, by the greater weight of 1228 the evidence, to establish the existence of grounds for 1229 disciplinary action. The division shall establish grounds for 1230 revocation or suspension of license by clear and convincing 1231 evidence. 1232 (4)The board may department shall not reinstate the 1233 license of a naturopathic physician or cause a license to be 1234 issued to a person it has deemed unqualified until such time as 1235 it the department is satisfied that such person has complied 1236 with all the terms and conditions set forth in the final order 1237 and that such person is capable of safely engaging in the 1238 practice of naturopathic medicine. However, the board may not 1239 issue a license to, or reinstate the license of, any person 1240 found by the board to have committed repeated medical 1241 malpractice as defined in s. 456.50, regardless of the extent to 1242 which the licensed naturopathic physician or prospective 1243 licensed naturopathic physician has complied with all terms and 1244 conditions set forth in the final order or whether she or he is 1245 capable of safely engaging in the practice of naturopathic 1246 medicine. 1247 (5)(4)The board department shall establish by rule 1248 establish guidelines for the disposition of disciplinary cases 1249 involving specific types of violations. Such guidelines must 1250 establish offenses and circumstances for which revocation will 1251 be presumed to be appropriate, as well as offenses and 1252 circumstances for which suspension for particular periods of 1253 time will be presumed to be appropriate. The guidelines must 1254 also may include minimum and maximum fines, periods of 1255 supervision or probation, or conditions of probation, and 1256 conditions for or reissuance of a license with respect to 1257 particular circumstances and offenses. Gross medical 1258 malpractice, repeated medical malpractice, and medical 1259 malpractice, respectively, as specified in paragraph (1)(w), 1260 must each be considered a distinct violation requiring specific 1261 individual guidelines. 1262 (6)Upon the departments receipt of a closed claim against 1263 a naturopathic physician submitted by an insurer or a self 1264 insurer pursuant to s. 627.912 or information reported to the 1265 Office of Insurance Regulation by a health care practitioner 1266 pursuant to s. 456.049, or receipt from a claimant of presuit 1267 notice against a naturopathic physician under s. 766.106, the 1268 department shall review such information and determine whether 1269 it potentially involves conduct by a licensed naturopathic 1270 physician which is subject to disciplinary action, in which case 1271 s. 456.073 applies. However, if the department receives 1272 information that a naturopathic physician has had three or more 1273 claims filed against her or him, each with indemnities exceeding 1274 $50,000, within the previous 5-year period, the department must 1275 investigate the occurrences upon which the claims were based and 1276 determine whether action by the department against the 1277 naturopathic physician is warranted. 1278 (7)Upon the departments receipt of an incident report 1279 from the Agency for Health Care Administration pursuant to s. 1280 395.0197 related to a naturopathic physician whose conduct may 1281 constitute grounds for disciplinary action, the department shall 1282 investigate the occurrences upon which the incident report was 1283 based and determine whether action by the department against the 1284 naturopathic physician is warranted. 1285 (8)If any naturopathic physician commits such 1286 unprofessional conduct or negligence or demonstrates mental or 1287 physical incapacity or impairment such that the department 1288 determines that she or he is unable to practice with reasonable 1289 skill and safety and presents a danger to patients, the 1290 department may bring an action in circuit court enjoining such 1291 naturopathic physician from providing medical services to the 1292 public until the naturopathic physician demonstrates the ability 1293 to practice with reasonable skill and safety and without danger 1294 to patients. 1295 (9)(a)If an investigation of a naturopathic physician is 1296 undertaken, the department must promptly furnish to the 1297 naturopathic physician or her or his attorney a copy of the 1298 complaint or document that prompted initiation of the 1299 investigation. For purposes of this subsection, such documents 1300 include, but are not limited to: 1301 1.The pertinent portions of an annual report submitted by 1302 a licensed facility to the Agency for Health Care Administration 1303 pursuant to s. 395.0197(6). 1304 2.A report of an adverse incident which is provided by a 1305 licensed facility to the department pursuant to s. 395.0197. 1306 3.A report of peer review disciplinary action submitted to 1307 the department pursuant to s. 395.0193(4), provided that the 1308 investigations, proceedings, and records relating to such peer 1309 review disciplinary action continue to retain their privileged 1310 status even as to the naturopathic physician who is the subject 1311 of the investigation, as provided by s. 395.0193(8). 1312 4.A closed claim report submitted pursuant to s. 627.912. 1313 5.A presuit notice submitted pursuant to s. 766.106(2). 1314 6.A petition brought under the Florida Birth-Related 1315 Neurological Injury Compensation Plan pursuant to s. 766.305. 1316 (b)A naturopathic physician may submit to the department a 1317 written response to the information contained in the complaint 1318 or document that prompted the initiation of the investigation 1319 within 45 days after she or he receives service of such 1320 complaint or document. The naturopathic physicians written 1321 response must be considered by the probable cause panel, if held 1322 on the matter. 1323 Section 18.Section 462.018, Florida Statutes, is created 1324 to read: 1325 462.018Specialties.A naturopathic physician licensed 1326 under this chapter may not hold himself or herself out as a 1327 board-certified specialist unless the naturopathic physician has 1328 successfully completed the requirements for certification as set 1329 forth by the board regulating such specialty. A naturopathic 1330 physician may indicate the services offered and may state that 1331 her or his practice is limited to one or more types of service 1332 if it accurately reflects the scope of practice of the 1333 naturopathic physician. 1334 Section 19.Section 462.17, Florida Statutes, is renumbered 1335 as section 462.019, Florida Statutes, and amended to read: 1336 462.019 462.17Penalty for offenses relating to 1337 naturopathy.Any person who shall: 1338 (1)Each of the following acts constitutes a felony of the 1339 third degree, punishable as provided in s. 775.082, s. 775.083, 1340 or s. 775.084: 1341 (a)Practicing, or attempting to practice, naturopathic 1342 medicine without an active license issued under this chapter. 1343 (b)A licensed naturopathic physician practicing beyond the 1344 scope of practice authorized under this chapter. 1345 (c)Obtaining, or attempting to obtain, a license to 1346 practice naturopathic medicine by a knowing misrepresentation. 1347 (d)Obtaining, or attempting to obtain, a position as a 1348 naturopathic physician or naturopathic medical resident in a 1349 clinic or hospital by knowingly misrepresenting education, 1350 training, or experience. 1351 (e)Dispensing a controlled substance listed in Schedule II 1352 or Schedule III of s. 893.03 in violation of s. 465.0276. 1353 (2)Each of the following acts constitutes a misdemeanor of 1354 the first degree, punishable as provided in s. 775.082 or s. 1355 775.083: 1356 (a)Knowingly concealing information relating to violations 1357 of this chapter. 1358 (b)Making a false oath or affirmation when an oath or 1359 affirmation is required by this chapter. 1360 (3)Each of the following constitutes a misdemeanor of the 1361 second degree, punishable as provided in s. 775.082 or s. 1362 775.083: 1363 (a)Fraudulently altering, defacing, or falsifying any 1364 record relating to patient care or treatment, including, but not 1365 limited to, patient histories, examination results, and test 1366 results. 1367 (b)Referring any patient for health care goods or services 1368 to any partnership, firm, corporation, or other business entity 1369 in which the naturopathic physician or the naturopathic 1370 physicians employer has an equity interest of 10 percent or 1371 more, unless, before such referral, the naturopathic physician 1372 notifies the patient of her or his financial interest and of the 1373 patients right to obtain such goods or services at the location 1374 of the patients choice. This paragraph does not apply to the 1375 following types of equity interest: 1376 1.The ownership of registered securities issued by a 1377 publicly held corporation or the ownership of securities issued 1378 by a publicly held corporation, the shares of which are traded 1379 on a national exchange or the over-the-counter market. 1380 2.A naturopathic physicians own practice, whether the 1381 naturopathic physician is a sole practitioner or part of a 1382 group, when the health care good or service is prescribed or 1383 provided solely for the naturopathic physicians own patients 1384 and is provided or performed by the naturopathic physician or 1385 under the naturopathic physicians supervision. 1386 3.An interest in real property resulting in a landlord 1387 tenant relationship between the naturopathic physician and the 1388 entity in which the equity interest is held, unless the rent is 1389 determined, in whole or in part, by the business volume or 1390 profitability of the tenant or is otherwise unrelated to fair 1391 market value. 1392 (c)Paying or receiving any commission, bonus, kickback, or 1393 rebate or engaging in any split-fee arrangement in any form with 1394 a physician, an organization, an agency, a person, a 1395 partnership, a firm, a corporation, or other business entity for 1396 patients referred to providers of health care goods and 1397 services, including, but not limited to, hospitals, nursing 1398 homes, clinical laboratories, ambulatory surgical centers, or 1399 pharmacies. This paragraph may not be construed to prevent a 1400 naturopathic physician from receiving a fee for professional 1401 consultation services Sell, fraudulently obtain, or furnish any 1402 naturopathic diploma, license, record, or registration or aid or 1403 abet in the same; 1404 (2)Practice naturopathy under the cover of any diploma, 1405 license, record, or registration illegally or fraudulently 1406 obtained or secured or issued unlawfully or upon fraudulent 1407 representations; 1408 (3)Advertise to practice naturopathy under a name other 1409 than her or his own or under an assumed name; 1410 (4)Falsely impersonate another practitioner of a like or 1411 different name; 1412 (5)Practice or advertise to practice naturopathy or use in 1413 connection with her or his name any designation tending to imply 1414 or to designate the person as a practitioner of naturopathy 1415 without then being lawfully licensed and authorized to practice 1416 naturopathy in this state; or 1417 (6)Practice naturopathy during the time her or his license 1418 is suspended or revoked 1419 1420 shall be guilty of a felony of the third degree, punishable as 1421 provided in s. 775.082, s. 775.083, or s. 775.084. 1422 Section 20.Section 462.024, Florida Statutes, is created 1423 to read: 1424 462.024Disclosure of medications by patients. 1425 (1)A patient who takes legend drugs included in the 1426 prescriptive rights enumerated in s. 462.003 or nutrients or 1427 other natural medicinal substances upon the recommendation of 1428 her or his treating naturopathic physician is responsible for 1429 advising any other treating health care practitioner of her or 1430 his use of such legend drugs, nutrients, or other natural 1431 medicinal substances. 1432 (2)Naturopathic physicians shall advise their patients of 1433 this requirement in writing, maintain a signed copy of a 1434 patients disclosure in the patients medical records, and 1435 provide a copy of the disclosure to their patients, upon 1436 request. 1437 (3)A patients failure to disclose her or his use of 1438 prescribed legend drugs or recommended nutrients or other 1439 natural medicinal substances to any other treating health care 1440 practitioner creates a rebuttable presumption that any 1441 subsequent related injury sustained by the patient was caused by 1442 the patients failure to disclose such information. This 1443 presumption may be rebutted by clear and convincing evidence 1444 that the patients injury was caused by the negligence of the 1445 other treating health care practitioner. 1446 (4)This section may not be construed to preclude a patient 1447 of a naturopathic physician from consulting with a medical 1448 physician, an osteopathic physician, or other health care 1449 practitioner. 1450 (5)A naturopathic physician is not required to confirm a 1451 patients consultation with, or disclosure to, any other health 1452 care practitioner. 1453 Section 21.Section 462.025, Florida Statutes, is created 1454 to read: 1455 462.025Severability.The provisions of this chapter are 1456 severable. If any provision of this chapter or its application 1457 is held invalid or unconstitutional by any court of competent 1458 jurisdiction, that invalidity or unconstitutionality does not 1459 affect other provisions or applications of this chapter which 1460 can be given effect without the invalid or unconstitutional 1461 provision or application. 1462 Section 22.Section 462.09, Florida Statutes, is renumbered 1463 as section 462.026, Florida Statutes. 1464 Section 23.Section 462.16, Florida Statutes, is repealed. 1465 Section 24.Section 462.2001, Florida Statutes, is 1466 repealed. 1467 Section 25.Paragraph (g) of subsection (3) of section 1468 20.43, Florida Statutes, is amended to read: 1469 20.43Department of Health.There is created a Department 1470 of Health. 1471 (3)The following divisions of the Department of Health are 1472 established: 1473 (g)Division of Medical Quality Assurance, which is 1474 responsible for the following boards and professions established 1475 within the division: 1476 1.The Board of Acupuncture, created under chapter 457. 1477 2.The Board of Medicine, created under chapter 458. 1478 3.The Board of Osteopathic Medicine, created under chapter 1479 459. 1480 4.The Board of Chiropractic Medicine, created under 1481 chapter 460. 1482 5.The Board of Podiatric Medicine, created under chapter 1483 461. 1484 6.Naturopathic Medicine Naturopathy, as provided under 1485 chapter 462. 1486 7.The Board of Optometry, created under chapter 463. 1487 8.The Board of Nursing, created under part I of chapter 1488 464. 1489 9.Nursing assistants, as provided under part II of chapter 1490 464. 1491 10.The Board of Pharmacy, created under chapter 465. 1492 11.The Board of Dentistry, created under chapter 466. 1493 12.Midwifery, as provided under chapter 467. 1494 13.The Board of Speech-Language Pathology and Audiology, 1495 created under part I of chapter 468. 1496 14.The Board of Nursing Home Administrators, created under 1497 part II of chapter 468. 1498 15.The Board of Occupational Therapy, created under part 1499 III of chapter 468. 1500 16.Respiratory therapy, as provided under part V of 1501 chapter 468. 1502 17.Dietetics and nutrition practice, as provided under 1503 part X of chapter 468. 1504 18.The Board of Athletic Training, created under part XIII 1505 of chapter 468. 1506 19.The Board of Orthotists and Prosthetists, created under 1507 part XIV of chapter 468. 1508 20.Electrolysis, as provided under chapter 478. 1509 21.The Board of Massage Therapy, created under chapter 1510 480. 1511 22.The Board of Clinical Laboratory Personnel, created 1512 under part I of chapter 483. 1513 23.Medical physicists, as provided under part II of 1514 chapter 483. 1515 24.The Board of Opticianry, created under part I of 1516 chapter 484. 1517 25.The Board of Hearing Aid Specialists, created under 1518 part II of chapter 484. 1519 26.The Board of Physical Therapy Practice, created under 1520 chapter 486. 1521 27.The Board of Psychology, created under chapter 490. 1522 28.School psychologists, as provided under chapter 490. 1523 29.The Board of Clinical Social Work, Marriage and Family 1524 Therapy, and Mental Health Counseling, created under chapter 1525 491. 1526 30.Emergency medical technicians and paramedics, as 1527 provided under part III of chapter 401. 1528 Section 26.Subsection (2) of section 381.0031, Florida 1529 Statutes, is amended to read: 1530 381.0031Epidemiological research; report of diseases of 1531 public health significance to department. 1532 (2)Any practitioner licensed in this state to practice 1533 medicine, osteopathic medicine, chiropractic medicine, 1534 naturopathic medicine naturopathy, or veterinary medicine; any 1535 licensed pharmacist authorized under a protocol with a 1536 supervising physician under s. 465.1895, or a collaborative 1537 pharmacy practice agreement, as defined in s. 465.1865, to 1538 perform or order and evaluate laboratory and clinical tests; any 1539 hospital licensed under part I of chapter 395; or any laboratory 1540 appropriately certified by the Centers for Medicare and Medicaid 1541 Services under the federal Clinical Laboratory Improvement 1542 Amendments and the federal rules adopted thereunder which 1543 diagnoses or suspects the existence of a disease of public 1544 health significance shall immediately report the fact to the 1545 Department of Health. 1546 Section 27.Subsection (11) of section 468.301, Florida 1547 Statutes, is amended to read: 1548 468.301Definitions.As used in this part, the term: 1549 (11)Licensed practitioner means a person who is licensed 1550 or otherwise authorized by law to practice medicine, podiatric 1551 medicine, chiropody, osteopathic medicine, naturopathic medicine 1552 naturopathy, or chiropractic medicine in this state. 1553 Section 28.Subsection (1) of section 476.044, Florida 1554 Statutes, is amended to read: 1555 476.044Exemptions.This chapter does not apply to the 1556 following persons when practicing pursuant to their professional 1557 responsibilities and duties: 1558 (1)Persons authorized under the laws of this state to 1559 practice medicine, surgery, osteopathic medicine, chiropractic 1560 medicine, naturopathic medicine naturopathy, or podiatric 1561 medicine; 1562 Section 29.Paragraph (a) of subsection (1) of section 1563 477.0135, Florida Statutes, is amended to read: 1564 477.0135Exemptions. 1565 (1)This chapter does not apply to the following persons 1566 when practicing pursuant to their professional or occupational 1567 responsibilities and duties: 1568 (a)Persons authorized under the laws of this state to 1569 practice medicine, surgery, osteopathic medicine, chiropractic 1570 medicine, massage therapy, naturopathic medicine naturopathy, or 1571 podiatric medicine. 1572 Section 30.Subsections (2) and (3) of section 485.003, 1573 Florida Statutes, are amended to read: 1574 485.003Definitions.In construing this chapter, the words, 1575 phrases, or terms, unless the context otherwise indicates, shall 1576 have the following meanings: 1577 (2)Healing arts shall mean the practice of medicine, 1578 surgery, psychiatry, dentistry, osteopathic medicine, 1579 chiropractic medicine, naturopathic medicine naturopathy, 1580 podiatric medicine, chiropody, psychology, clinical social work, 1581 marriage and family therapy, mental health counseling, and 1582 optometry. 1583 (3)Practitioner of the healing arts shall mean a person 1584 licensed under the laws of the state to practice medicine, 1585 surgery, psychiatry, dentistry, osteopathic medicine, 1586 chiropractic medicine, naturopathic medicine naturopathy, 1587 podiatric medicine, chiropody, psychology, clinical social work, 1588 marriage and family therapy, mental health counseling, or 1589 optometry within the scope of his or her professional training 1590 and competence and within the purview of the statutes applicable 1591 to his or her respective profession, and who may refer a patient 1592 for treatment by a qualified person, who shall employ hypnotic 1593 techniques under the supervision, direction, prescription, and 1594 responsibility of such referring practitioner. 1595 Section 31.Subsection (1) of section 486.161, Florida 1596 Statutes, is amended to read: 1597 486.161Exemptions. 1598 (1)No provision of this chapter shall be construed to 1599 prohibit any person licensed in this state from using any 1600 physical agent as a part of, or incidental to, the lawful 1601 practice of her or his profession under the statutes applicable 1602 to the profession of chiropractic physician, podiatric 1603 physician, doctor of medicine, massage therapist, nurse, 1604 osteopathic physician or surgeon, occupational therapist, or 1605 naturopathic physician naturopath. 1606 Section 32.Paragraph (h) of subsection (4) of section 1607 627.351, Florida Statutes, is amended to read: 1608 627.351Insurance risk apportionment plans. 1609 (4)MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION 1610 CONTRACTS AND PURCHASES. 1611 (h)As used in this subsection: 1612 1.Health care provider means hospitals licensed under 1613 chapter 395; physicians licensed under chapter 458; osteopathic 1614 physicians licensed under chapter 459; podiatric physicians 1615 licensed under chapter 461; dentists licensed under chapter 466; 1616 chiropractic physicians licensed under chapter 460; naturopathic 1617 physicians naturopaths licensed under chapter 462; nurses 1618 licensed under part I of chapter 464; midwives licensed under 1619 chapter 467; physician assistants licensed under chapter 458 or 1620 chapter 459; physical therapists and physical therapist 1621 assistants licensed under chapter 486; health maintenance 1622 organizations certificated under part I of chapter 641; 1623 ambulatory surgical centers licensed under chapter 395; other 1624 medical facilities as defined in subparagraph 2.; blood banks, 1625 plasma centers, industrial clinics, and renal dialysis 1626 facilities; or professional associations, partnerships, 1627 corporations, joint ventures, or other associations for 1628 professional activity by health care providers. 1629 2.Other medical facility means a facility the primary 1630 purpose of which is to provide human medical diagnostic services 1631 or a facility providing nonsurgical human medical treatment, to 1632 which facility the patient is admitted and from which facility 1633 the patient is discharged within the same working day, and which 1634 facility is not part of a hospital. However, a facility existing 1635 for the primary purpose of performing terminations of pregnancy 1636 or an office maintained by a physician or dentist for the 1637 practice of medicine may not be construed to be an other 1638 medical facility. 1639 3.Health care facility means any hospital licensed under 1640 chapter 395, health maintenance organization certificated under 1641 part I of chapter 641, ambulatory surgical center licensed under 1642 chapter 395, or other medical facility as defined in 1643 subparagraph 2. 1644 Section 33.Subsection (23) of section 893.02, Florida 1645 Statutes, is amended to read: 1646 893.02Definitions.The following words and phrases as used 1647 in this chapter shall have the following meanings, unless the 1648 context otherwise requires: 1649 (23)Practitioner means a physician licensed under 1650 chapter 458, a dentist licensed under chapter 466, a 1651 veterinarian licensed under chapter 474, an osteopathic 1652 physician licensed under chapter 459, an advanced practice 1653 registered nurse licensed under chapter 464, a naturopathic 1654 physician naturopath licensed under chapter 462, a certified 1655 optometrist licensed under chapter 463, a psychiatric nurse as 1656 defined in s. 394.455, a podiatric physician licensed under 1657 chapter 461, or a physician assistant licensed under chapter 458 1658 or chapter 459, provided such practitioner holds a valid federal 1659 controlled substance registry number. 1660 Section 34.Paragraph (g) of subsection (3) of section 1661 921.0022, Florida Statutes, is amended to read: 1662 921.0022Criminal Punishment Code; offense severity ranking 1663 chart. 1664 (3)OFFENSE SEVERITY RANKING CHART 1665 (g)LEVEL 7 1666 1667 FloridaStatute FelonyDegree Description 1668 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 1669 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 1670 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. 1671 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 1672 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 1673 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 1674 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 1675 456.065(2) 3rd Practicing a health care profession without a license. 1676 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 1677 458.327(1) 3rd Practicing medicine without a license. 1678 459.013(1) 3rd Practicing osteopathic medicine without a license. 1679 460.411(1) 3rd Practicing chiropractic medicine without a license. 1680 461.012(1) 3rd Practicing podiatric medicine without a license. 1681 462.019 462.17 3rd Practicing naturopathic medicine naturopathy without a license. 1682 463.015(1) 3rd Practicing optometry without a license. 1683 464.016(1) 3rd Practicing nursing without a license. 1684 465.015(2) 3rd Practicing pharmacy without a license. 1685 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 1686 467.201 3rd Practicing midwifery without a license. 1687 468.366 3rd Delivering respiratory care services without a license. 1688 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 1689 483.901(7) 3rd Practicing medical physics without a license. 1690 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 1691 484.053 3rd Dispensing hearing aids without a license. 1692 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. 1693 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. 1694 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 1695 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 1696 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 1697 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 1698 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 1699 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 1700 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 1701 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 1702 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 1703 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 1704 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 1705 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 1706 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 1707 784.048(7) 3rd Aggravated stalking; violation of court order. 1708 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 1709 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 1710 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 1711 784.081(1) 1st Aggravated battery on specified official or employee. 1712 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 1713 784.083(1) 1st Aggravated battery on code inspector. 1714 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 1715 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. 1716 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 1717 790.16(1) 1st Discharge of a machine gun under specified circumstances. 1718 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 1719 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 1720 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 1721 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 1722 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 1723 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. 1724 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 1725 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 1726 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 1727 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 1728 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. 1729 806.01(2) 2nd Maliciously damage structure by fire or explosive. 1730 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 1731 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 1732 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 1733 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 1734 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. 1735 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 1736 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 1737 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 1738 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 1739 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 1740 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 1741 812.131(2)(a) 2nd Robbery by sudden snatching. 1742 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 1743 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 1744 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 1745 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 1746 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 1747 817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 1748 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 1749 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 1750 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 1751 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 1752 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 1753 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. 1754 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 1755 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 1756 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 1757 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 1758 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 1759 838.015 2nd Bribery. 1760 838.016 2nd Unlawful compensation or reward for official behavior. 1761 838.021(3)(a) 2nd Unlawful harm to a public servant. 1762 838.22 2nd Bid tampering. 1763 843.0855(2) 3rd Impersonation of a public officer or employee. 1764 843.0855(3) 3rd Unlawful simulation of legal process. 1765 843.0855(4) 3rd Intimidation of a public officer or employee. 1766 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 1767 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 1768 872.06 2nd Abuse of a dead human body. 1769 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 1770 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 1771 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 municipal park or publicly owned recreational facility or community center. 1772 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. 1773 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 1774 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 1775 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 1776 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 1777 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 1778 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 1779 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 1780 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 1781 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 1782 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 1783 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 1784 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 1785 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 1786 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 1787 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 1788 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 1789 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 1790 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 1791 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 1792 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 1793 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 1794 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 1795 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 1796 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 1797 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 1798 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1799 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1800 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 1801 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1802 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1803 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1804 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1805 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1806 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1807 Section 35.This act shall take effect December 31, 2025.