The practitioner shall be given 48 hours from the time of notification to the practitioner of the confirmed test result to produce a lawful prescription for the drug before an emergency order is issued. (4) The department shall issue an emergency order suspending the license of a massage therapist or establishment as defined in chapter 480 upon receipt of information that the massage therapist, a person with an ownership interest in the establishment, or, for a corporation that has more than $250,000 of business assets in this state, the owner, officer, or individual directly involved in the management of the establishment has been convicted or found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, a violation of s. 796.07 (2) (a) which is reclassified under s. 796.07 (7) or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction: (a) Section 787.01, relating to kidnapping. (b) Section 787.02, relating to false imprisonment. (c) Section 787.025, relating to luring or enticing a child. (d) Section 787.06 , relating to human trafficking. (e) Section 787.07, relating to human smuggling. (f) Section 794.011 , relating to sexual battery. (g) Section 794.08 , relating to female genital mutilation. (h) Former s. 796.03 , relating to procuring a person under the age of 18 for prostitution. (i) Former s. 796.035 , relating to the selling or buying of minors into prostitution. (j) Section 796.04 , relating to forcing, compelling, or coercing another to become a prostitute. (k) Section 796.05, relating to deriving support from the proceeds of prostitution. (l) Section 796.07 (4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s. 796.07 , relating to prohibiting prostitution and related acts. (m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. (n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person. (o) Section 827.071, relating to sexual performance by a child. (p) Section 847.0133, relating to the protection of minors. (q) Section 847.0135, relating to computer pornography. (r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment. (s) Section 847.0145, relating to the selling or buying of minors. (5) The department shall issue an emergency order suspending the license of any health care practitioner who is arrested for committing or attempting, soliciting, or conspiring to commit any act that would constitute a violation of any of the following criminal offenses in this state or similar offenses in another jurisdiction: (a) Section 393.135 (2), relating to sexual misconduct with an individual with a developmental disability. (b) Section 394.4593 (2), relating to sexual misconduct with a patient who resides in a receiving or treatment facility or is otherwise in the custody of the Department of Children and Families. (c) Section 456.52(5)(b), relating to prescribing, administering, or performing sex-reassignment
prescriptions or procedures for a patient younger than 18 years of age. (d) Section 787.01, relating to kidnapping. (e) Section 787.02, relating to false imprisonment. (f) Section 787.025(2), relating to luring or enticing a child. (g) Section 787.06(3)(b), (d), (f), or (g), relating to human trafficking for commercial sexual activity. (h) Former s. 787.06( 3)(h), relating to human trafficking of a child under the age of 15 for commercial sexual activity. (i) Section 787.07, relating to human smuggling. (j) Section 794.011 , relating to sexual battery, excluding s. 794.011 (10). (k) Section 794.05 , relating to unlawful sexual activity with certain minors. (l) Section 794.08 , relating to female genital mutilation. (m) Former s. 796.03 , relating to procuring a person under the age of 18 for prostitution. (n) Former s. 796.035 , relating to the selling or buying of minors into prostitution. (o) Section 796.04 , relating to forcing, compelling, or coercing another to become a prostitute. (p) Section 796.05 , relating to deriving support from the proceeds of prostitution. (q) Section 796.07 (4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s. 796.07 , relating to prohibiting prostitution and related acts. (r) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons younger than 16 years of age. (s) Section 810.145(8), relating to video voyeurism of a minor. (t) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person. (u) Section 827.071, relating to sexual performance by a child. (v) Section 847.011, relating to prohibited acts in connection with obscene, lewd, and other materials. (w) Section 847.012, relating to materials harmful to minors. (x) Section 847.013, relating to exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations. (y) Section 847.0133, relating to the protection of minors from obscene materials. (z) Section 847.0135, relating to computer pornography, prohibited computer usage, or traveling to meet minors, excluding s. 847.0135(6). (aa) Section 847.0137, relating to the transmission of child pornography by electronic device or equipment. (bb) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment. (cc) Section 847.0145, relating to the selling or buying of minors. (dd) Section 856.022, relating to loitering or prowling in close proximity to children. (ee) Section 895.03 , relating to racketeering
activity, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this subsection or at least one offense listed in this subsection which was committed with sexual intent or motive.
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Book Code: MFL1225
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