HOUSE BILL NO. 703

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H0703......................................................by STATE AFFAIRS
NATUROPATHS - LICENSURE - Adds to existing law relating to the practice of
naturopathic medicine in Idaho; to define terms; to require a license; to
provide exemptions; to create a Board of Naturopathic Medical Examiners and
to provide the powers and duties of the board; to provide for fees; to
provide for the licensure of current practitioners; to provide for
examination for licensure; to specify continuing education requirements; to
provide for disciplinary action; and to provide for enforcement and
penalties.
                                                                        
02/28    House intro - 1st rdg - to printing
03/01    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 703
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NATUROPATHIC MEDICINE; AMENDING TITLE 54, IDAHO CODE, BY THE ADDI-
  3        TION OF A NEW CHAPTER 50, TITLE 54, IDAHO CODE, TO PROVIDE A STATEMENT  OF
  4        LEGISLATIVE  PURPOSE,  TO  PROVIDE  DEFINITIONS,  TO REQUIRE A LICENSE, TO
  5        DEFINE SCOPE OF PRACTICE, TO DEFINE PUBLIC RESPONSIBILITY, TO SPECIFY PRO-
  6        HIBITIONS, TO PROVIDE EXEMPTIONS, TO ESTABLISH THE BOARD  OF  NATUROPATHIC
  7        MEDICAL  EXAMINERS, TO DEFINE POWERS OF THE BOARD, TO PROVIDE FOR FEES, TO
  8        SPECIFY QUALIFICATIONS FOR LICENSURE, TO DEFINE APPLICATION PROCEDURES FOR
  9        LICENSURE OF CURRENT PRACTITIONERS, TO PROVIDE FOR EXAMINATION FOR  LICEN-
 10        SURE,  TO DEFINE LICENSURE STANDARDS FOR OUT-OF-STATE APPLICANTS, TO SPEC-
 11        IFY CONTINUING EDUCATION  REQUIREMENTS  AND  EXEMPTIONS,  TO  PROVIDE  FOR
 12        APPROVAL OF CONTINUING EDUCATION PROGRAMS, TO REQUIRE REPORTS OF SUSPECTED
 13        VIOLATIONS, TO PROVIDE FOR INVESTIGATION, HEARING AND SUBPOENA, TO PROVIDE
 14        FOR  DISCIPLINARY ACTION, TO PROVIDE FOR LICENSE DENIAL AND REVOCATION, TO
 15        PROHIBIT UNAUTHORIZED EMPLOYMENT, TO PROVIDE ENFORCEMENT PENALTIES AND  TO
 16        PROVIDE FOR SEVERABILITY.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION  1.  That Title 54, Idaho Code, be, and the same is hereby amended
 19    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 20    ter 50, Title 54, Idaho Code, and to read as follows:
                                                                        
 21                                      CHAPTER 50
 22                        NATUROPATHIC PHYSICIANS LICENSING ACT
                                                                        
 23        54-5001.  PURPOSE.  To  protect the public health, safety and welfare, and
 24    provide for state administrative supervision, licensure, regulation and disci-
 25    plinary procedures, for every person providing naturopathic  medical  services
 26    who  meets  and  maintains  the  standards  of  practice and code of ethics as
 27    adopted by the board shall be licensed, unless otherwise exempted  herein,  as
 28    provided in this chapter.
                                                                        
 29        54-5002.  DEFINITIONS.  As  used in this chapter, the following terms have
 30    the meanings as stated:
 31        (1)  "Approved naturopathic medical program" means:
 32        (a)  A course of study from a college or university granting the degree of
 33        doctor of naturopathy or doctor of naturopathic medicine accredited by  an
 34        accrediting agency recognized by the state or federal government; or
 35        (b)  A college or university granting the degree of doctor of naturopathy,
 36        or  doctor  of  naturopathic medicine that has the status of candidate for
 37        accreditation with the accrediting agency; or
 38        (c)  A postgraduate degree-granting college or university of  the  healing
 39        arts  approved  by  the  examining  board and state or federal accrediting
 40        agency.
 41    Such college or university shall require a  minimum  of  sixty  (60)  semester
                                                                        
                                           2
                                                                        
  1    units  for admission and a minimum of four thousand (4,000) hours in basic and
  2    clinical  sciences,  naturopathic  philosophy,  naturopathic  modalities,  and
  3    naturopathic medicine, of which not less than two thousand (2,000) hours shall
  4    be academic instruction and not less than two thousand (2,000) hours shall  be
  5    school  or  college approved supervised clinical training. The college or uni-
  6    versity shall provide adequate instruction to maintain  naturopathic  medicine
  7    as a separate and distinct healing art.
  8        (2)  "Board"  means  the  board  of naturopathic medical examiners created
  9    pursuant to section 54-5008, Idaho Code.
 10        (3)  "Formulary council" means that council comprised of members appointed
 11    pursuant to this chapter to determine and authorize the formulary list.
 12        (4)  "Local anesthetics" means anesthetics which may  be  applied  to  the
 13    surface  of or injected into the superficial tissue to the extent necessary to
 14    safely perform minor office procedures.
 15        (5)  "Minor office procedures" means the methods for the repair  and  care
 16    incidental  to  superficial lacerations and abrasions, superficial lesions and
 17    the removal of foreign bodies located in the superficial tissues.
 18        The board shall limit the use of minor office procedures to physicians who
 19    have graduated from an approved naturopathic medical college or have  certifi-
 20    cation as an "Advanced Emergency Medical Technician-Ambulance" as set forth in
 21    section 56-1012(4)(d), Idaho Code.
 22        (6)  "Naturopathic  formulary"  means  the list of natural medicines which
 23    naturopathic physicians use in the practice of their profession, as determined
 24    by the formulary council and reviewed by the board.
 25        (7)  "Naturopathic medicine"  means  a  comprehensive  system  of  primary
 26    health care practiced by naturopathic physicians for the prevention, diagnosis
 27    and  treatment  of  human  health conditions, injuries and diseases, that uses
 28    education, natural medicines  and  therapies  to  support  and  stimulate  the
 29    individual's intrinsic self-healing processes.
 30        (8)  "Naturopathic  physician"  means  a person authorized and licensed to
 31    practice naturopathic medicine pursuant to this chapter.
                                                                        
 32        54-5003.  LICENSE REQUIRED. (1) A person shall not practice or  hold  him-
 33    self or herself out to others as a naturopathic physician without first apply-
 34    ing for and receiving a license to engage in that practice.
 35        (2)  A  person  holds  himself  or herself out to others as a naturopathic
 36    physician when the person adopts or uses any title  or  description  including
 37    "naturopath,"  "naturopathic  physician," "naturopathic doctor," "physician of
 38    naturopathic medicine," "physician of natural medicine," "doctor of  naturopa-
 39    thy,"  or  its abbreviation, "N.D.," "doctor of naturopathic medicine," or its
 40    abbreviation "N.M.D." Unless a person has graduated from an accredited  school
 41    granting   the  "Doctor  of  Naturopathic  Medicine"  degree,  abbreviated  as
 42    "N.M.D.," and is licensed under this chapter, neither the title nor the abbre-
 43    viation may be used.
                                                                        
 44        54-5004.  SCOPE OF PRACTICE. (1)  Diagnostic procedures.   A  naturopathic
 45    physician  may  use  physical  and  laboratory  examinations  consistent  with
 46    naturopathic   education   and  training  for  diagnostic  purposes  including
 47    phlebotomy, clinical laboratory tests, speculum examinations and physiological
 48    function tests. A naturopathic physician  may  order  diagnostic  and  imaging
 49    tests  consistent  with  naturopathic  education  and training. All diagnostic
 50    tests, including  an  electrocardiogram,  must  be  referred  to  a  physician
 51    licensed  pursuant  to  chapter  18, title 54, Idaho Code, for performance and
 52    interpretation.
 53        (2)  Natural medicines. Naturopathic physicians  are  authorized  to  dis-
                                                                        
                                           3
                                                                        
  1    pense,  administer and prescribe medicines derived from or substantially simi-
  2    lar in molecular structure or function to natural sources for  preventive  and
  3    therapeutic  purposes,  including:  food,  extracts  of foods, nutraceuticals,
  4    vitamins, minerals, enzymes, botanicals and their  extracts,  and  homeopathic
  5    medicines  prepared  according  to the Homeopathic Pharmacopoeia of the United
  6    States, and all dietary supplements and nonprescription drugs  as  defined  by
  7    the  federal  food, drug and cosmetic act.  Naturopathic physicians are autho-
  8    rized to dispense, administer, and prescribe medicines and devices limited  to
  9    those  listed  in  the  naturopathic  formulary.  Such  authorization shall be
 10    granted by the naturopathic board of examiners on  an  individual  basis  upon
 11    application and proof of competency as determined by rule of the board.
 12        (3)  Naturopathic  formulary.  There  is hereby established a naturopathic
 13    formulary council, which is separate and distinct from the board, to  be  com-
 14    posed  of  five  (5) members. One (1) member shall be a member of the board of
 15    naturopathic medical examiners, appointed by the board. One (1)  member  shall
 16    be  a  naturopathic  physician  licensed  under this chapter, appointed by the
 17    board. One (1) member shall be a pharmacist licensed under chapter  17,  title
 18    54,  Idaho  Code, appointed by the board of naturopathic examiners from a list
 19    of nominees provided by the Idaho state board  of  pharmacy.  One  (1)  member
 20    shall  be  a  physician  licensed  under  chapter  18,  title  54, Idaho Code,
 21    appointed by the board of naturopathic examiners from a list of nominees  pro-
 22    vided  by  the Idaho state board of medicine. One (1) member shall be a person
 23    appointed by the board from a list of nominees provided  by  the  Idaho  state
 24    board  of  medicine  and the Idaho state board of pharmacy. The formulary list
 25    may not go beyond the scope  of  natural  medicines  and  devices  covered  by
 26    approved   naturopathic  education  and  training  and  existing  naturopathic
 27    formularies, or board approved continuing education. The list will be reviewed
 28    annually by the council, or at any time at the request of the  board.  Immedi-
 29    ately  upon  adoption or revision of the formulary, the council shall transmit
 30    the approved formulary to the board, which shall adopt the formulary by tempo-
 31    rary rule. The naturopathic formulary shall not include medicines and  devices
 32    that are inconsistent with the training provided by approved naturopathic med-
 33    ical  colleges.  Nothing  herein  shall allow a naturopathic physician to dis-
 34    pense,  administer  or  prescribe  any  legend  drug  as  defined  in  section
 35    54-1705(27), Idaho Code, or prescription device unless  such  legend  drug  or
 36    prescription  device is specifically included in the naturopathic formulary by
 37    applicable scientific and chemical name for  drugs  and  by  specific  medical
 38    description for devices.
 39        (4)  Therapies.  A  naturopathic  physician may administer, prescribe, and
 40    dispense, for preventive  and  therapeutic  purposes:  life-style  counseling,
 41    biofeedback,  dietary  therapy,  nutritional  counseling, natural medicine and
 42    devices from the naturopathic formulary and naturopathic physical medicine. He
 43    or she may perform minor office procedures pursuant to privileges  granted  by
 44    the  naturopathic  board  of  examiners. Naturopathic physical medicine is the
 45    therapeutic use of physical agents of air, water, heat, cold, sound, light and
 46    electromagnetic  nonionizing  radiation  and  the   physical   modalities   of
 47    electrotherapy,  diathermy,  ultraviolet  light, ultrasound, hydrotherapy, and
 48    therapeutic exercise and treatment of body structures or tissues in accordance
 49    with naturopathic principles for the purpose of restoring normal physiological
 50    function by normalizing and balancing the musculoskeletal system of the body.
 51    Naturopathic physical medicine does not include the practice of physical ther-
 52    apy, physical rehabilitation, acupuncture or chiropractic as defined  in  sec-
 53    tion  54-704,  Idaho  Code. Minor office procedures are methods for the repair
 54    and care incidental to  superficial  lacerations  and  abrasions,  superficial
 55    lesions  and the removal of foreign bodies located in the superficial tissues.
                                                                        
                                           4
                                                                        
  1    Any lesion contemplated to be suspicious of malignancy or  requiring  surgical
  2    removal must be referred to a physician licensed pursuant to chapter 18, title
  3    54,  Idaho Code. Naturopathic physicians are authorized to administer antisep-
  4    tics and local anesthetics listed in the naturopathic formulary in relation to
  5    minor office procedures.
                                                                        
  6        54-5005.  PUBLIC HEALTH AUTHORITY AND RESPONSIBILITY. A naturopathic  phy-
  7    sician  is  a licensed doctor and has the same authority and responsibility as
  8    other licensed doctors regarding public health laws, reportable  diseases  and
  9    conditions,  communicable disease control and prevention, recording vital sta-
 10    tistics, and performing health and physical examinations.
                                                                        
 11        54-5006.  PROHIBITIONS. A naturopathic physician shall not perform any  of
 12    the following:
 13        (1)  Prescribe,  dispense or administer any controlled substance or device
 14    identified under the controlled substance act, chapter  27,  title  37,  Idaho
 15    Code,  or  identified  in the federal controlled substance act, 21 U.S.C. sec-
 16    tions 801 through 971 (1988), except as authorized by this chapter;
 17        (2)  Perform surgical procedures  except  those  minor  office  procedures
 18    authorized by this chapter;
 19        (3)  Practice  or  claim  to practice as a medical doctor, osteopath, den-
 20    tist, podiatrist, optometrist, advanced practice professional nurse, physician
 21    assistant, chiropractor,  physical  therapist,  acupuncturist,  or  any  other
 22    health care professional not authorized in this chapter unless licensed by the
 23    state of Idaho to do so;
 24        (4)  Use general or spinal anesthetics;
 25        (5)  Administer ionizing radioactive substances for therapeutic purposes;
 26        (6)  Perform surgical procedures using a laser device;
 27        (7)  Nothing  in this chapter shall be construed to authorize any licensee
 28    under this chapter to perform an abortion;
 29        (8)  Nothing in this chapter shall negate previous court decisions or cur-
 30    rent Idaho Code;
 31        (9)  Surgical procedures involving the eye or ear;
 32        (10) Any surgical procedure involving tendons, nerves, veins  or  arteries
 33    extending beyond superficial tissue.
                                                                        
 34        54-5007.  EXEMPTIONS.   This  chapter  is  not  intended  to  prohibit  or
 35    restrict:
 36        (1)  The practice of a profession by individuals who are licensed,  certi-
 37    fied  or registered under other laws of this state and are performing services
 38    within the authorized scope of practice; and
 39        (2)  The practice of naturopathic medicine by an  individual  employed  by
 40    the  federal  government while the individual is engaged in the performance of
 41    duties prescribed by the laws and regulations of the United States;
 42        (3)  An individual rendering aid to a family member or  in  an  emergency,
 43    when  no  fee  or  other  consideration  for the service is charged, received,
 44    expected or contemplated;
 45        (4)  A person engaged in the sale of vitamins, health foods, dietary  sup-
 46    plements,  herbs, or other products of nature, the sale of which is not other-
 47    wise prohibited under state or federal law, but this subsection does not allow
 48    a person to diagnose any human disease,  ailment,  injury,  infirmity,  defor-
 49    mity,   pain   or   other   condition,  or  prohibit  providing  truthful  and
 50    nonmisleading information regarding any of the products under this subsection;
 51        (5)  A person engaged in good faith for religious reasons as a  matter  of
 52    conscience or based on a personal belief;
                                                                        
                                           5
                                                                        
  1        (6)  A  person  who administers treatment or provides advice regarding the
  2    human body and its function that does not use legend or prescription drugs  in
  3    such  practice; uses natural elements such as air, heat, water and light; uses
  4    only class I or class II nonprescription, approved, medical devices as defined
  5    in section 513 of the federal food, drug, and cosmetic act;  uses  only  vita-
  6    mins, minerals, herbs, homeopathics, natural food products and their extracts,
  7    and nutritional supplements; and who does not perform surgery;
  8        (7)  The  practice  by  a  naturopathic physician duly licensed in another
  9    state, territory or the District of Columbia when that naturopathic  physician
 10    is  incidentally  called into this state for consultation with a licensed doc-
 11    tor;
 12        (8)  The practice of naturopathic medicine  by  students  enrolled  in  an
 13    approved  naturopathic  medical program.  Services shall be performed pursuant
 14    to a course of instruction or assignments from an  instructor  and  under  the
 15    supervision and observation of the instructor.
                                                                        
 16        54-5008.  BOARD  OF  NATUROPATHIC  MEDICAL  EXAMINERS. (1) There is hereby
 17    established in the department of self-governing agencies,  bureau  of  occupa-
 18    tional licenses, the board of naturopathic medical examiners.  Members thereof
 19    shall be appointed by the governor.
 20        (2)  The  board  shall consist of five (5) members, four (4) of whom shall
 21    be licensed pursuant to this chapter and one (1) of whom shall be a member  of
 22    the  public with an interest in the rights of consumers of naturopathic physi-
 23    cian services.
 24        (3)  Appointments to the board shall be made by the governor from  nomina-
 25    tions  received  from  professional  naturopathic  physician associations, who
 26    shall nominate at least two (2) but no more than four  (4)  persons  qualified
 27    for each position to be filled.
 28        (4)  All members of the board shall be residents of the state of Idaho for
 29    the  duration  of their appointment and shall have been residents of the state
 30    of Idaho for a minimum of three (3) years immediately preceding appointment.
 31        (5)  The initial four (4) licensed naturopathic physician members  of  the
 32    board  shall be persons with at least two (2) years of experience in the prac-
 33    tice of naturopathic medicine who are eligible to become licensed pursuant  to
 34    this chapter.
 35        (6)  The initial board shall be appointed for staggered terms, the longest
 36    of which shall not exceed five (5) years.  After the initial appointments, all
 37    terms shall be five (5) years and a member may be appointed for a second term.
 38    No member shall serve more than two (2) terms. In the event of death, resigna-
 39    tion  or  removal  of  any  member  before the expiration of the term to which
 40    appointed, the vacancy shall be filled for the unexpired portion of  the  term
 41    in the same manner as the original appointment.
 42        (7)  The  governor  may remove any member of the board for cause, prior to
 43    the expiration of the member's appointment.
 44        (8)  The board, within thirty (30) days  after  its  appointment,  and  at
 45    least  annually  thereafter,  shall  hold a meeting and elect a chairman.  The
 46    board may hold additional meetings on the call of the chair or at the  written
 47    request  of  any two (2) members of the board. The board may appoint such com-
 48    mittees as it considers necessary to carry out its duties. A majority  of  the
 49    board shall constitute a quorum.
                                                                        
 50        54-5009.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 51    ity to:
 52        (1)  Determine the qualifications of persons applying for licensure pursu-
 53    ant    to  this  chapter  and  define,  by  rule,  the  appropriate  scope  of
                                                                        
                                           6
                                                                        
  1    naturopathic medicine in this state, provided however, that the scope of prac-
  2    tice may not exceed that defined in section 54-5002(7), Idaho Code;
  3        (2)  Grant  approval  for naturopathic childbirth attendance privileges to
  4    those licensees who apply, provided that such applicant can document  training
  5    and  experience  equal  to  or  greater than that required by the rules of the
  6    Idaho board of nursing pursuant to section 54-1404, Idaho Code, and  that  the
  7    applicant  meets  the  practice  standards  governing  hospital privileges and
  8    supervising physicians established by the Idaho board of nursing.
  9        (3)  Establish special competency certification requirements for licensees
 10    as deemed necessary by action of the board;
 11        (4)  Adopt rules that govern action limiting the scope of  practice  of  a
 12    licensee;
 13        (5)  Hire and appoint employees, including an executive director, investi-
 14    gators, attorneys, consultants and independent hearing examiners;
 15        (6)  Adopt  such  rules  as  are  necessary for the administration of this
 16    chapter, including standards of professional conduct;
 17        (7)  Conduct investigations and examinations and hold hearings;
 18        (8)  Collect fees and other funds as prescribed by this chapter;
 19        (9)  Contract, sue and be sued, and pursue other matters  lawful  in  this
 20    state relating to naturopathic medicine;
 21        (10) Provide  such  other services and perform such other functions as are
 22    necessary and desirable to fulfill its purposes.
                                                                        
 23        54-5010.  FEES. (1) All fees received under the provisions of this chapter
 24    shall be paid to the department of self-governing agencies, bureau of  occupa-
 25    tional  licenses,  and  deposited  to  the state treasury to the credit of the
 26    occupational licenses fund. All costs and expenses incurred under  the  provi-
 27    sions of this chapter shall be a charge against and paid from said fund. In no
 28    case  shall  any  salary,  expense or other obligation of the board be charged
 29    against the general account.
 30        (2)  The board, by rule, may impose the following fees up to  the  amounts
 31    listed below:
 32        (a)  License fee...................................................$500.00
 33        (b)  Renewal fee...................................................$500.00
 34        (c)  Late renewal penalty..........................................$ 50.00
 35        (d)  License by endorsement........................................$500.00
 36        (e)  Duplicate license.............................................$ 50.00
 37        (f)  Reinstatement fee.............................................$ 50.00
                                                                        
 38        54-5011.  QUALIFICATIONS  FOR  LICENSURE.  To be eligible for a license to
 39    practice naturopathic medicine in the state of Idaho, the applicant shall:
 40        (1)  Be a graduate of an approved naturopathic medical program  in  accor-
 41    dance  with  section  54-5002(1),  Idaho  Code,  and  pass  or  have  passed a
 42    competency-based examination approved by the  board  and  which  is  at  least
 43    equivalent  to the national examination, covering the appropriate naturopathic
 44    subjects, including basic and clinical sciences;
 45        (2)  Possess a good ethical and professional reputation;
 46        (3)  Be physically and mentally capable of safely practicing  naturopathic
 47    medicine with or without reasonable accommodation;
 48        (4)  Have  never  had a license to practice naturopathic medicine refused,
 49    revoked  or suspended by any other state or country for reasons that relate to
 50    the applicant's ability to skillfully and safely practice  naturopathic  medi-
 51    cine  unless  that license has been restored to good standing by that state or
 52    country; and
 53        (5)  File a board approved application and pay the licensing fees.
                                                                        
                                           7
                                                                        
  1        54-5012.  APPLICATION  FOR   LICENSURE   OF   CURRENT   PRACTITIONERS   OF
  2    NATUROPATHIC  MEDICINE.  (1) Practitioners of naturopathic medicine practicing
  3    within the state of Idaho on the effective date of passage of this  act  shall
  4    be  licensed  as  naturopathic  physicians so long as, at a minimum, they have
  5    held themselves out as naturopathic physicians and have been  engaged  in  the
  6    practice of naturopathic medicine in the state of Idaho for at least three (3)
  7    years  prior  to  the passage and adoption of this chapter. License applicants
  8    must not have had a license as a health care provider revoked in any jurisdic-
  9    tion for matters which pertain to their  fitness  or  competence  to  practice
 10    naturopathic  medicine,  and  shall derive the majority of their earned income
 11    from the practice of naturopathic medicine. Applicants shall provide proof  of
 12    education and training as defined in section 54-5002(1)(a), (b) and (c), Idaho
 13    Code.
 14        (2)  Any  practitioner  who cannot prove sufficient education and training
 15    to be licensed as required in section 54-5002(1)(a), (b) and (c), Idaho  Code,
 16    may be eligible for a restricted license granted by the board under such rules
 17    as  the board may adopt with a scope of practice limited to that determined by
 18    the  board  to  be  justified  and  in  accordance  with  such  practitioner's
 19    naturopathic education and training. A restricted license must  exclude  minor
 20    office procedures, dispensing from the naturopathic formulary and use of diag-
 21    nostic and imaging tests.
 22        (3)  Applications must be submitted to the board within one hundred eighty
 23    (180)  days  from  the date on which this chapter takes effect, and payment of
 24    the licensing fees must accompany the application.  Failure  of  persons  cur-
 25    rently  practicing  naturopathic medicine in this state to apply for licensure
 26    within the one hundred eighty (180) day period, and the continuation of  prac-
 27    tice  after  that  date, shall cause such persons to be subject to prosecution
 28    under section 54-5022, Idaho Code.
 29        (4)  Notwithstanding the provisions of this  chapter,  an  individual  who
 30    engaged  in  practice  as a naturopath prior to the effective date of this act
 31    may continue to use the designation as "naturopath" and  practice  within  the
 32    scope of his training and education, as provided by rule of the board.
                                                                        
 33        54-5013.  EXAMINATION   FOR  LICENSURE.  (1)  The  date  and  location  of
 34    examination(s) shall be established by the board. Applicants who have not  met
 35    the  examination  requirements  for  licensure shall be scheduled for the next
 36    examination following the filing of the application. The board shall establish
 37    by rule the examination standards and application deadline.
 38        (2)  The examination shall contain subjects appropriate to  the  standards
 39    of competency and scope of practice.
 40        (3)  The  board  shall establish by rule the requirements for a reexamina-
 41    tion if the applicant has failed the examination.
                                                                        
 42        54-5014.  LICENSE STANDARDS FOR OUT-OF-STATE APPLICANTS. The  board  shall
 43    establish  by  rule  the  standards  for  licensure  of applicants licensed in
 44    another jurisdiction. However, the  standards  for  endorsement  of  licensure
 45    shall not be less than required for licensure in the state of Idaho.
                                                                        
 46        54-5015.  CONTINUING  EDUCATION REQUIREMENTS AND EXEMPTIONS. (1) The board
 47    shall establish a program for continuing education. Except as provided in sub-
 48    section (2) of this section, all naturopathic physicians licensed  under  this
 49    chapter  must  submit  to the board, on the appropriate annual license renewal
 50    application, a report summarizing their  earned continuing education  credits.
 51    A  licensed  naturopathic  physician must earn at least twenty (20) continuing
 52    education credits within the twelve (12) months prior to the renewal date each
                                                                        
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  1    year. At least five (5)  of  the  continuing  education  credits  must  be  in
  2    naturopathic  pharmacology  for naturopathic physicians qualified to prescribe
  3    according to the  naturopathic  formulary.  Licensed  naturopathic  physicians
  4    holding  and  maintaining  a  special  competency certification for childbirth
  5    attendance must comply with section 54-5009(2), Idaho Code, in addition to the
  6    minimum requirement of twenty (20) annual continuing education credits.
  7        (2)  The board may exempt any person holding a license under this  chapter
  8    from the requirements of subsection (1) of this section upon application show-
  9    ing  evidence satisfactory to the board of his or her inability to comply with
 10    the requirements because of unusual or extenuating circumstances. However,  no
 11    person  shall be exempted from the requirements of subsection (1) of this sec-
 12    tion more than once in any five (5) year period; however,  exemptions  may  be
 13    granted  upon  review  by the board to persons licensed under this chapter who
 14    become engaged in prolonged religious, military or humanitarian service.
 15        (3)  Nothing in this section shall be construed to  allow  a  naturopathic
 16    physician  to  increase  his  scope of practice without appropriate additional
 17    education, training, and testing approved by the board.
                                                                        
 18        54-5016.  APPROVAL OF CONTINUING EDUCATION PROGRAMS. (1) The  board  shall
 19    offer  a  program of continuing education in naturopathic medicine to meet the
 20    requirements of section 54-5015, Idaho Code. The board shall  also  approve  a
 21    program to be presented by persons qualified to do so.
 22        (2)  Any  person  seeking approval of a program of continuing education in
 23    naturopathic medicine to comply with the requirements  of  subsection  (1)  of
 24    this section shall submit to the board, at such time as the board may require,
 25    copies  of  courses  of study to be offered and proof of such other qualifica-
 26    tions as the board may require. Approval granted to any program of  continuing
 27    education  shall  be  reviewed periodically and approval may be withdrawn from
 28    any program that fails to meet the requirements of the board.
 29        (3)  Any program of continuing education in naturopathic medicine  offered
 30    or  approved  under  this section shall consist of study covering new, review,
 31    experimental, research and specialty subjects in  the  field  of  naturopathic
 32    medicine.
                                                                        
 33        54-5017.  REPORT OF SUSPECTED VIOLATION. (1) Any board licensee shall, and
 34    any  other person may, report to the board any suspected violation of the pro-
 35    visions of this chapter.
 36        (2)  Information pertaining to the report required by  subsection  (1)  of
 37    this section shall remain confidential and not be subject to public disclosure
 38    under the public records laws of this state.
 39        (3)  Any  person  who  reports  or provides information to the board under
 40    this section in good faith shall not be subject to an action for civil damages
 41    as a result thereof.
                                                                        
 42        54-5018.  INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall inves-
 43    tigate, or cause to be investigated, all complaints made to it and  all  cases
 44    of noncompliance with this chapter.
 45        (2)  The  board  may  conduct  hearings  to assist with investigations, to
 46    determine whether grounds exist for suspension,  revocation  or  denial  of  a
 47    license  or  to  fulfill  its responsibilities under this chapter as the board
 48    otherwise determines necessary.
 49        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 50    disciplinary  proceedings  and compel, by subpoena duces tecum, the production
 51    of papers and records.
                                                                        
                                           9
                                                                        
  1        54-5019.  DISCIPLINARY ACTION. (1) The board may suspend, revoke or refuse
  2    to issue or renew a license on any of the following grounds:
  3        (a)  The employment of fraud or deceit in obtaining a license  under  this
  4        chapter  or  in connection with services rendered as a naturopathic physi-
  5        cian;
  6        (b)  A legal finding of mental incompetence;
  7        (c)  Aiding or abetting a person, not duly licensed under this chapter, in
  8        claiming to be a naturopathic physician;
  9        (d)  Any negligence, incompetence or  misconduct  in  the  performance  of
 10        naturopathic medicine;
 11        (e)  Conviction of any felonious crime, which constitutes a crime of moral
 12        turpitude;
 13        (f)  Practicing as a naturopathic physician when physical or mental abili-
 14        ties  are  impaired  by  the  use of controlled substances or other drugs,
 15        chemicals or alcohol;
 16        (g)  Failure of the individual practitioner to maintain his or her profes-
 17        sional premises in a clean and sanitary condition;
 18        (h)  Any person licensed in accordance with this chapter  whose  scope  of
 19        practice  has been limited by the board pursuant to section 54-5004, Idaho
 20        Code, and who performs any act not authorized in his or her limited  scope
 21        of practice, which constitutes the practice of naturopathic medicine;
 22        (i)  Any   other  good  cause,  relevant  to  qualifications  to  practice
 23        naturopathic medicine.
 24        (2)  The board may not refuse to grant a license or may not base a finding
 25    of professional incompetency solely on the basis that a licensee's practice is
 26    unconventional in the absence of  demonstrable  harm  to  a  patient  and  the
 27    attending  licensee  and  patient  have signed a waiver to the effect that the
 28    treatment or device is considered unconventional.
 29        (3)  In any proceeding in which an individual licensed under this  chapter
 30    may have his or her license denied, not renewed, suspended or revoked for rea-
 31    sons  related  to the scope of practice, the members of any committee or panel
 32    which will rule on such action shall be licensed naturopathic  physicians  who
 33    are  knowledgeable in, subscribe to, and practice that portion of the scope of
 34    naturopathic medical practice which is under consideration.
                                                                        
 35        54-5020.  LICENSE DENIAL OR REVOCATION PROCEDURE. Where the board proposes
 36    to refuse to issue or renew a license, or proposes  to  revoke  or  suspend  a
 37    license,  opportunity for a hearing shall be pursuant to the provisions of the
 38    chapter 52, title 67, Idaho Code.
                                                                        
 39        54-5021.  UNAUTHORIZED EMPLOYMENT. A person in the course of business  may
 40    not  employ  a  naturopathic physician who does not have a license unless that
 41    person is a student or an intern within the meaning of this chapter.
                                                                        
 42        54-5022.  ENFORCEMENT PENALTIES. (1) A person who violates  any  provision
 43    of this chapter shall, upon conviction, be guilty of a misdemeanor.
 44        (2)  The  board  may  seek  injunction  against  any  person who practices
 45    naturopathic medicine in violation of this chapter and may,  in  the  event  a
 46    permanent  injunction  is  entered  against  such person or plea or verdict is
 47    entered in any criminal matter, impose a civil penalty in the  amount  of  all
 48    costs and fees incurred by the board in prosecuting the matter.
                                                                        
 49        54-5023.  SEVERABILITY. If any provision of this act or its application to
 50    any  person  or  circumstance is held invalid, the remainder of the act or the
 51    application of  the  provision  to  other  persons  or  circumstances  is  not
                                                                        
                                           10
                                                                        
  1    affected.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                              
                          PS 12174
                              
There are a significant number of residents of the State of Idaho 
that choose natural health care. Naturopathic medicine is a distinct 
health care profession that affects the public health, safety and 
welfare. The purpose of this legislation is to protect the public 
health, safety and welfare by providing standards of practice, a 
code of ethics for practitioners, state administrative supervision, 
licensure, regulation and disciplinary procedures for those providing
naturopathic medical services in the state

                       FISCAL IMPACT
                              
                              
                              
There is no fiscal impact to the general fund.



Contact
Name:     Larry Benton
Phone:    461-2000
      




STATEMENT OF PURPOSE/FISCAL NOTE                    H 703