Florida Senate - 2024 SB 898



By Senator Rodriguez





40-00147B-24 2024898__
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 presented
20 to them; 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 ss.
29 462.007 and 462.008, F.S.; providing for licensure by
30 examination and by endorsement, respectively, of
31 naturopathic physicians; requiring the department and
32 the board to use an investigative process to ensure
33 that applicants meet the applicable criteria;
34 authorizing the State Surgeon General or her or his
35 designee to issue a 90-day licensure delay under
36 certain circumstances; providing construction;
37 prohibiting the board from certifying for licensure
38 certain applicants until a certain investigation is
39 completed; providing applicability; prohibiting the
40 department from issuing a license to certain
41 applicants until the board has reviewed the
42 application and certified the applicant for licensure;
43 authorizing the board to enter an order imposing
44 certain sanctions against or conditions on an
45 applicant for licensure under certain circumstances;
46 renumbering and amending s. 462.08, F.S.; revising
47 requirements for licensure renewal for naturopathic
48 physicians; requiring the department to adopt rules;
49 renumbering and amending s. 462.18, F.S.; revising
50 continuing education requirements for naturopathic
51 physicians; requiring naturopathic physicians to use
52 the department’s electronic continuing education
53 tracking system to demonstrate compliance with
54 continuing education requirements; renumbering and
55 amending s. 462.19, F.S.; revising provisions related
56 to reactivation of inactive naturopathic physician
57 licenses; requiring the board to adopt rules relating
58 to the reactivation of inactive licenses; providing
59 requirements for the rules; prohibiting the department
60 from reactivating a license until certain conditions
61 have been met; renumbering and amending s. 462.11,
62 F.S.; conforming a provision to changes made by the
63 act; creating s. 462.014, F.S.; requiring the board to
64 adopt rules providing for the handling of medical
65 records by licensed naturopathic physicians; providing
66 requirements for such rules; creating s. 462.015,
67 F.S.; providing financial responsibility requirements
68 as a condition of licensure for naturopathic
69 physicians; providing exemptions from such
70 requirements; requiring certain insuring entities to
71 promptly notify the department of a naturopathic
72 physician’s cancellation or nonrenewal of insurance;
73 requiring the department to suspend the license of a
74 naturopathic physician under certain circumstances
75 until the licensee demonstrates compliance with
76 specified requirements; providing applicability;
77 requiring certain naturopathic physicians to provide a
78 specified notice to their patients; providing
79 requirements for the notice; providing for permanent
80 disqualification from any exemption from the financial
81 responsibility requirements, and for disciplinary
82 action, for specified conduct; requiring certain
83 naturopathic physicians to notify the department in
84 writing of any change in circumstance and demonstrate
85 compliance with certain requirements; requiring the
86 department to suspend the license of a naturopathic
87 physician under certain circumstances until certain
88 requirements are met; providing applicability;
89 requiring the board to adopt rules; renumbering and
90 amending s. 462.13, F.S.; conforming a provision to
91 changes made by the act; renumbering and amending s.
92 462.14, F.S.; revising grounds for disciplinary
93 action; providing construction; providing for
94 disciplinary actions by the board and department;
95 providing for the standard of proof in certain
96 administrative actions; providing requirements for the
97 reinstatement of a license for certain persons;
98 providing requirements for disciplinary guidelines
99 adopted by the board; providing requirements and
100 procedures for the department’s receipt of certain
101 closed claims and reports involving a licensed
102 naturopathic physician; authorizing the department to
103 bring an action to enjoin a naturopathic physician
104 from providing medical services under certain
105 circumstances; requiring the department to promptly
106 furnish certain documents to a naturopathic physician
107 or her or his attorney upon undertaking an
108 investigation of the naturopathic physician;
109 authorizing a naturopathic physician who is the
110 subject of such investigation to submit a written
111 response within a specified timeframe; requiring the
112 response to be considered by the probable cause panel,
113 if held on the matter; creating s. 462.018, F.S.;
114 prohibiting licensed naturopathic physicians from
115 holding themselves out as board-certified specialists
116 unless certified by the board regulating such
117 specialty; authorizing licensed naturopathic
118 physicians to accurately indicate or state which
119 services or types of services they provide within the
120 scope of practice of naturopathic medicine;
121 renumbering and amending s. 462.17, F.S.; providing
122 criminal penalties for specified violations relating
123 to the practice of naturopathic medicine; creating s.
124 462.024, F.S.; providing that patients are responsible
125 for advising treating health care practitioners about
126 any legend drugs, nutrients, or natural medicinal
127 substances that a naturopathic physician has
128 prescribed or recommended to the patient; requiring
129 naturopathic physicians to advise their patients of
130 such responsibility; creating a rebuttable presumption
131 that certain injuries sustained by a patient are
132 caused by her or his failure to disclose such
133 information as required; providing for the rebuttal of
134 such presumption under certain circumstances;
135 providing construction; providing that a naturopathic
136 physician is not required to confirm whether a patient
137 has disclosed this information to another treating
138 health care practitioner; creating s. 462.025, F.S.;
139 establishing the Naturopathic Medical Formulary
140 Council, separate and distinct from the board;
141 providing for membership of the council; requiring the
142 council to establish the Naturopathic Medical
143 Formulary; providing requirements for the formulary;
144 requiring the council to review the formulary annually
145 and at any time upon board request; providing that
146 naturopathic physicians may prescribe, administer, and
147 dispense only those drugs included in the formulary;
148 providing construction; creating s. 462.026, F.S.;
149 providing severability; renumbering s. 462.09, F.S.,
150 relating to disposition of fees; repealing s. 462.16,
151 F.S., relating to reissue of license; repealing s.
152 462.2001, F.S., relating to saving clause; amending s.
153 921.0022, F.S.; conforming a cross-reference;
154 providing an effective date.
155
156 Be It Enacted by the Legislature of the State of Florida:
157
158 Section 1. Chapter 462, Florida Statutes, entitled
159 “Naturopathy,” is redesignated as “Naturopathic Medicine.”
160 Section 2. Section 462.001, Florida Statutes, is created to
161 read:
162 462.001 Legislative findings; purpose.—
163 (1) The Legislature finds that a significant number of this
164 state’s residents choose naturopathic medicine for their health
165 care needs, and the Legislature acknowledges that naturopathic
166 medicine is a distinct health care profession that affects the
167 public health, safety, and welfare and contributes to freedom of
168 choice in health care.
169 (2) The purpose of this chapter is to provide standards for
170 the licensing and regulation of naturopathic physicians in order
171 to protect the public health, safety, and welfare; to ensure
172 that naturopathic health care provided by qualified naturopathic
173 physicians is available to residents of this state; and to
174 provide a means of identifying qualified naturopathic
175 physicians.
176 Section 3. Section 462.002, Florida Statutes, is created to
177 read:
178 462.002 Exceptions.—
179 (1) This chapter does not apply to:
180 (a) Other duly licensed health care practitioners acting
181 within their scopes of practice, as authorized by statute.
182 (b) Students practicing under the direct supervision of a
183 licensed naturopathic physician as part of a preceptorship
184 program while enrolled in a college or university program that
185 is accredited by, or has candidacy status with, the Council on
186 Naturopathic Medical Education or an equivalent accrediting body
187 for the naturopathic medical profession which is recognized by
188 the United States Department of Education and the board.
189 (c) Naturopathic residents practicing under the direct
190 supervision of a licensed naturopathic physician at a residency
191 site recognized by the Council on Naturopathic Medical Education
192 or by an equivalent accrediting body for the naturopathic
193 medical profession which is recognized by the United States
194 Department of Education and the board.
195 (d) The practice of the religious tenets of any church in
196 this state.
197 (e) The domestic administration of recognized family
198 remedies.
199 (2) This chapter may not be construed to prohibit any
200 service rendered by a person if such service is rendered under
201 the direct supervision and control of a licensed naturopathic
202 physician who is available if needed, provides specific
203 direction for any service to be performed, and gives final
204 approval for all services performed.
205 Section 4. Section 462.01, Florida Statutes, is renumbered
206 as section 462.003, Florida Statutes, and amended to read:
207 462.003 462.01 Definitions.—As used in this chapter, the
208 term:
209 (1) “Board” means the Board of Naturopathic Medicine
210 “Natureopathy” and “Naturopathy” shall be construed as
211 synonymous terms and mean the use and practice of psychological,
212 mechanical, and material health sciences to aid in purifying,
213 cleansing, and normalizing human tissues for the preservation or
214 restoration of health, according to the fundamental principles
215 of anatomy, physiology, and applied psychology, as may be
216 required. Naturopathic practice employs, among other agencies,
217 phytotherapy, dietetics, psychotherapy, suggestotherapy,
218 hydrotherapy, zone therapy, biochemistry, external applications,
219 electrotherapy, mechanotherapy, mechanical and electrical
220 appliances, hygiene, first aid, sanitation, and heliotherapy;
221 provided, however, that nothing in this chapter shall be held or
222 construed to authorize any naturopathic physician licensed
223 hereunder to practice materia medica or surgery or chiropractic
224 medicine, nor shall the provisions of this law in any manner
225 apply to or affect the practice of osteopathic medicine,
226 chiropractic medicine, Christian Science, or any other treatment
227 authorized and provided for by law for the cure or prevention of
228 disease and ailments.
229 (2) “Department” means the Department of Health.
230 (3) “Division” means the Division of Medical Quality
231 Assurance of the department.
232 (4) “Legend drug” has the same meaning as “prescription
233 drug” as defined in s. 499.003.
234 (5) “Naturopathic doctoral degree” means the “Doctor of
235 Naturopathic Medicine,” “Doctor of Naturopathy,” or “Diploma of
236 Naturopathic Medicine” degree, designated as “N.D.” or “N.M.D.,”
237 from a college or university that is accredited by, or has
238 candidacy with, the Council on Naturopathic Medical Education or
239 an equivalent accrediting body for the naturopathic medical
240 profession which is recognized by the United States Department
241 of Education and the board. When referring to a naturopathic
242 school of medicine degree, each of these degrees must be
243 construed as equivalent to each other.
244 (6) “Naturopathic Medical Formulary” or “formulary” means
245 the Naturopathic Medical Formulary established under s. 462.025,
246 which authorizes licensed naturopathic physicians to prescribe,
247 dispense, and administer specific legend drugs that are
248 consistent with the practice of naturopathic medicine.
249 (7) “Naturopathic physician” means a person licensed to
250 practice naturopathic medicine under this chapter.
251 (8) “Naturopathic therapeutic order” means a set of
252 guidelines to help naturopathic physicians completely resolve a
253 patient’s symptoms and address the underlying cause while using
254 the least force necessary.
255 (9)(a) “Practice of naturopathic medicine” means the
256 diagnosis, prevention, treatment, and prescription of lifestyle
257 change, natural medicines, including vitamins, minerals, dietary
258 supplements, botanical medicines, medicinal fungi, and
259 homeopathic medicines, and legend drugs as specified by the
260 Naturopathic Medical Formulary established under s. 462.025
261 which are provided and administered, through the appropriate
262 route of administration, by a naturopathic physician for
263 preventative and therapeutic purposes for any human disease,
264 pain, injury, deformity, or other physical or mental condition;
265 which is based on and consistent with the naturopathic
266 educational standards and requirements of the Council on
267 Naturopathic Medical Education or an equivalent accrediting body
268 for the naturopathic medical profession which is recognized by
269 the United States Department of Education and the board; and
270 which emphasizes the importance of the principles of
271 naturopathic medicine and the naturopathic therapeutic order in
272 the maintenance and restoration of health.
273 (b) The term does not include any of the following:
274 1. Prescribing, dispensing, or administering any legend
275 drug other than those authorized under the Naturopathic Medical
276 Formulary established under s. 462.025.
277 2. Performing any surgical procedure.
278 3. Practicing or claiming to practice as a medical doctor
279 or physician, an osteopathic physician, a dentist, a podiatric
280 physician, an optometrist, a psychologist, a nurse practitioner,
281 a physician assistant, a chi