Print Friendly SENATE BILL NO. 1430 – Naturopaths, certification
SENATE BILL NO. 1430
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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-
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
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,
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
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-
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-
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
30 (5) Conviction of a sex related crime;
31 (6) Habitual use of or addiction to ardent spirits and/or mind-altering
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
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
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
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
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-
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
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
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
The Board of Naturopathic Examiners will be self-sustaining
through fees paid by naturopaths for certification and
CONTACT: Sen. Lin Whitworth
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No S1430