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S1430.................................................by HEALTH AND WELFARE NATUROPATHS - Adds to existing law to create a Board of Naturopathy and to govern the practice of naturopathy in the state of Idaho, including education requirements, continuing education and certification. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Health/Wel
S1430|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1430 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO NATUROPATHY; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A 3 NEW CHAPTER 48, TITLE 54, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO 4 DEFINE TERMS, TO REQUIRE CERTIFICATION, TO DEFINE THE SCOPE OF PRACTICE, 5 TO PROVIDE APPLICATION OF THE CHAPTER, TO PROVIDE APPLICATION OF HEALTH 6 LAWS, TO SPECIFY EDUCATION REQUIREMENTS FOR CERTIFICATION, TO PROVIDE FOR 7 APPLICATION FOR EXAMINATION, TO PROVIDE RENEWAL OF CERTIFICATION, TO 8 REQUIRE CONTINUING EDUCATION, TO PROVIDE FOR DENIAL OR REVOCATION OF CER- 9 TIFICATION BY THE BOARD, TO PROVIDE DENIAL OR REVOCATION PROCEDURE, TO 10 CREATE THE BOARD OF NATUROPATHIC EXAMINERS, TO PROVIDE OFFICERS OF THE 11 BOARD, TO PROVIDE COMPENSATION AND EXPENSES OF BOARD MEMBERS, TO PROVIDE 12 DISPOSITION OF BOARD RECEIPTS, TO GOVERN LIABILITY OF BOARD MEMBERS, TO 13 PROVIDE ENFORCEMENT, TO PROVIDE PENALTIES, AND TO PROVIDE APPLICATION TO 14 CURRENT PRACTITIONERS; TO PROVIDE SEVERABILITY; AND DECLARING AN EMER- 15 GENCY. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 18 by the addition thereto of a NEW CHAPTER , to be known and desig- 19 nated as Chapter 48, Title 54, Idaho Code, and to read as follows: 20 CHAPTER 48 21 NATUROPATHIC HEALTH ACT 22 54-4801. LEGISLATIVE INTENT. (1) It is the intent of the legislature to 23 recognize the practice of naturopathy as a separate and distinct system of the 24 healing arts. 25 (2) It is the intent of the legislature to ensure the protection of the 26 citizens of Idaho by establishing and administering examination, certification 27 and regulation of naturopathic physicians and thereby control unqualified 28 individuals who constitute a clear and present danger to the general public 29 welfare. 30 54-4802. DEFINITIONS. As used in this chapter: 31 (1) "Board" means the board of naturopathic examiners. 32 (2) "Naturopathy," as defined in the federal Dictionary of Occupational 33 Titles (fourth edition, revised 1991.), means: "079.101-014 DOCTOR, 34 NATUROPATHIC 35 Diagnoses, treats, and cares for patients, using system of practice that bases 36 treatment of physiological functions and abnormal conditions on natural laws 37 governing human body: Utilizes physiological, psychological and mechanical 38 methods, such as air, water, light, heat, earth, phytotherapy, food and herb 39 therapy, psychotherapy, electrotherapy, physiotherapy, minor and orificial 40 surgery, mechanotherapy, naturopathic corrections and manipulation, and natu- 41 ral methods or modalities, together with natural medicines, natural processed 2 1 foods, and herbs and nature's remedies. Excludes major surgery, therapeutic 2 use of X-ray and radium, and use of drugs, except those assimilable substances 3 containing elements or compounds which are components of body tissues and are 4 physiologically compatible to body processes for maintenance of life." 5 54-4803. CERTIFICATION REQUIRED -- TITLES AND ABBREVIATIONS. (1) No per- 6 son shall hold himself/herself out to be a naturopath in this state without 7 first complying with the provisions of this chapter. 8 (2) Persons certified under this chapter may use any or all of the fol- 9 lowing terms: "Doctor of Naturopathy," "Doctor of Naturopathic Medicine," or 10 its abbreviations "N.D." or "N.M.D." or "Naturopathic Physician." 11 54-4804. SCOPE OF PRACTICE. Scope of practice of naturopathy is as 12 defined by the federal Dictionary of Occupational Titles, (fourth edition, 13 revised 1991.), 079.101-014 and as described in section 54-4802, Idaho Code. 14 Nothing in this chapter shall be construed to authorize any person certi- 15 fied under this chapter to perform a planned abortion. 16 Practice of naturopathy is limited to use of class I or class II nonpre- 17 scription, approved medical devices as defined in section 513 of the federal 18 food, drug and cosmetic act. 19 54-4805. APPLICATION OF CHAPTER. Nothing in this chapter shall be con- 20 strued to deny to any person licensed under any other Idaho Code section the 21 right of utilizing, for the relief of human suffering, any modality or proce- 22 dure of therapy listed in this chapter. 23 54-4806. APPLICATION OF HEALTH LAWS. Persons certified under this chapter 24 shall observe and be subject to all federal, state, county and municipal laws 25 and regulations relating to the control of contagious and infectious diseases, 26 reporting deaths and all matters pertaining to public health. 27 54-4807. EDUCATION REQUIREMENTS FOR CERTIFICATION. To apply for certifi- 28 cation a person must have graduated from a school or college approved by a 29 state, federal or world health organization accrediting agency, provided that 30 such school or college, in the opinion of the board, meets the minimum educa- 31 tional requirements of those states which license or certify naturopathic phy- 32 sicians. 33 54-4808. APPLICATION FOR EXAMINATION. Any person who wishes to practice 34 naturopathy in this state shall make application to the board for an examina- 35 tion for a certificate to practice. The examination shall be approved by the 36 board and shall be given not less than once in any given calendar year. The 37 application shall be filed with the board not less than thirty (30) days prior 38 to the date of the examination, upon forms provided by the board. All appli- 39 cants shall pay at the time of application a nonrefundable fee to be deter- 40 mined by the board. Affidavits of two (2) reputable citizens attesting to the 41 good moral character of the applicant shall be filed with the application for 42 examination. The examination requirement shall be waived by the board upon 43 proof, by the applicant, that he/she has successfully passed another 44 examination(s) recognized by a state, federal or world health organization 45 agency and which is approved by the board. 46 54-4809. BIENNIAL RENEWAL OF CERTIFICATE. (1) On or before January 1 of 47 each even-numbered year every person holding a certificate under this chapter 48 shall apply to the board for a certificate of renewal of registration, accom- 3 1 panied by a fee to be determined by the board. 2 (2) Upon receipt of an application for renewal, accompanied by the fee, 3 the board shall issue to the applicant a renewal certificate of biennial reg- 4 istration. This certificate along with the original certificate shall at all 5 times be displayed in the office of the person to whom they are issued. 6 (3) On or before December 1 or each odd-numbered year the secretary of 7 the board shall notify each person holding a certificate under this chapter 8 that the renewal of biennial registration application and fee are due on or 9 before January 1 following. 10 54-4810. CONTINUING EDUCATION REQUIRED. (1) Each person holding a certif- 11 icate under this chapter shall, at the time he/she submits the biennial 12 request for renewal of registration and fee, shall also submit an affidavit of 13 having satisfactorily completed forty (40) hours of a board approved program 14 of continuing education in naturopathy, completed in the two (2) calendar 15 years preceding the date on which the renewal is requested. The evidence shall 16 be kept in the possession of the applicant and available to the board for 17 examination at such time as the board might request. 18 (2) The board may exempt a person holding a certificate under this chap- 19 ter from the requirements of subsection (1) of this section by him/her showing 20 evidence satisfactory to the board that he/she was unable to comply with the 21 requirements because of unusual or extenuating circumstances. 22 54-4811. DENIAL OR REVOCATION OF CERTIFICATE BY THE BOARD. The board may 23 refuse to grant or may suspend or revoke a certificate to practice naturopathy 24 in this state for any of the following reasons: 25 (1) The use of fraud or deception in securing a certificate; 26 (2) The impersonation of another practitioner; 27 (3) Practicing naturopathy under an assumed name; 28 (4) Failure to practice within the scope of practice as contained in this 29 chapter; 30 (5) Conviction of a sex related crime; 31 (6) Habitual use of or addiction to ardent spirits and/or mind-altering 32 drugs; 33 (7) Legally declared mental incompetency; 34 (8) Knowingly aiding or abetting any individual in circumventing the 35 requirements of this chapter; 36 (9) Practicing naturopathy within the state when a certificate pursuant 37 to this chapter is suspended or revoked; 38 (10) Failure to pay the biennial registration fee and/or failure to main- 39 tain the continuing educational requirements for renewal of certification; 40 (11) Failure to maintain the confidentiality of patient records, except as 41 required by law; 42 (12) Is under suspension or revocation or being reviewed for suspension or 43 revocation of a license or certification to practice naturopathy in another 44 jurisdiction in which such is required; 45 (13) Advertising the practice of naturopathy in a misleading or fraudulent 46 manner; 47 (14) Failure of the individual practitioner to maintain his/her profes- 48 sional premises in a clean, sanitary and professional manner. 49 (15) The board may not refuse to grant certification or may not base a 50 finding of professional incompetence solely on the basis that the practice of 51 a certificate holder is unconventional or experimental in the absence of 52 demonstrable harm to a patient if the attending certificate holder and the 53 patient have signed a waiver to the effect that said device and/or treatment 4 1 is usually considered unconventional or experimental. 2 54-4812. CERTIFICATION DENIAL OR REVOCATION PROCEDURE. Where the board 3 proposes to refuse to issue or to renew certification, or proposes to revoke 4 or suspend certification, opportunity for a hearing shall be governed by the 5 provisions of chapter 52, title 67, Idaho Code. 6 54-4813. BOARD OF NATUROPATHIC EXAMINERS. There is hereby established in 7 the department of self-governing agencies a state board of naturopathic exam- 8 iners to be composed of five (5) members. The members shall be appointed by 9 the governor from a list of candidates submitted by the various naturopathic 10 associations within the state. Four (4) such members shall be practitioners 11 certified under the provisions of this chapter and one (1) shall be a lay per- 12 son who must have been a resident of Idaho for a minimum of three (3) years. 13 The term of service for each board member will be three (3) years with rota- 14 tion terms to be established during the tenure of the first board. 15 54-4814. OFFICERS OF THE BOARD. The board shall annually elect one (1) of 16 its members as president and one (1) of its members as secretary. The board, 17 or its designated hearing officer, shall have power to summon witnesses, 18 administer oaths and to take testimony and affidavits, certifying thereto. The 19 secretary of the board shall cause a record to be kept of all action of the 20 board, including a detailed register of applicants for certification. 21 54-4815. COMPENSATION AND EXPENSES OF BOARD MEMBERS. A board member is 22 entitled to compensation and expenses as provided in section 59-509(h), Idaho 23 Code. 24 54-4816. DISPOSITION OF BOARD RECEIPTS. All money received by the board 25 under this chapter shall be paid into the occupational licenses account, and 26 be dispensed in accordance with section 67-2606, Idaho Code. 27 54-4817. LIABILITY OF BOARD MEMBERS. Members of the board acting in their 28 official capacities, as set forth in this chapter, shall be immune from lia- 29 bility with respect to action and decision rendered in good faith and without 30 malice. Nothing in this chapter shall be construed to relieve any practitioner 31 from liability which may be incurred in professional care and treatment of any 32 patient. 33 54-4818. ENFORCEMENT. County prosecutors of the state shall prosecute 34 persons charged with violation of any provision of this chapter. The board has 35 the power to assist in prosecuting any person so charged. 36 54-4819. PENALTIES. Violation of any provision of this chapter is punish- 37 able, upon conviction, by a fine of not less than one hundred dollars ($100) 38 nor more than one thousand dollars ($1,000) or imprisonment in the county jail 39 for not less than thirty (30) days nor more than six (6) months, or both. 40 54-4820. APPLICATION TO CURRENTLY PRACTICING NATUROPATHIC PHYSICIANS. (1) 41 All persons who have been engaged in the practice of naturopathy in the state 42 of Idaho for a minimum period of three (3) years prior to the passage of this 43 chapter, shall be certified under this chapter by making application to the 44 board within one hundred eighty (180) days from the date on which this chapter 45 takes effect. Proof of the duration of such practice plus the affidavits of 46 two (2) reputable citizens attesting to the good moral character of the appli- 5 1 cant shall be filed with the application. 2 (2) Failure of persons currently practicing naturopathy in this state to 3 apply for certification within the one hundred eighty (180) day period shall 4 cause such persons to be subject to prosecution under section 54-4419, Idaho 5 Code. 6 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared 7 to be severable and if any provision of this act or the application of such 8 provision to any person or circumstance is declared invalid for any reason, 9 such declaration shall not affect the validity of the remaining portions of 10 this act. 11 SECTION 3. An emergency existing therefor, which emergency is hereby 12 declared to exist, this act shall be in full force and effect on and after its 13 passage and approval.
STATEMENT OF PURPOSE
RS07790C1
The purpose of this legislation is to assure high standards
in the practice of naturopathy by creating a method for the
certification of naturopathic physicians.
The legislation creates the Board of Naturopathic Examiners,
defines the scope of practice according to federal guidelines,
requires examination and certification by the Board, sets
educational standards, requires continuing education and
provides procedures for penalties and revocation of
certification.
FISCAL NOTE
The Board of Naturopathic Examiners will be self-sustaining
through fees paid by naturopaths for certification and
renewal.
CONTACT: Sen. Lin Whitworth
332-1357
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No S1430