1999 Legislation
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SENATE BILL NO. 1148 – Naturopathic Health Care Act

SENATE BILL NO. 1148

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S1148.................................................by HEALTH AND WELFARE
NATUROPATHIC HEALTH CARE - Adds to existing law to provide a comprehensive
licensure system for practitioners of naturopathic medicine, including
creation of a board, examination for licensure, payment of fees, continuing
education and scope of practice.

02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Health/Wel

Bill Text


S1148


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1148

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO NATUROPATHIC MEDICINE; AMENDING TITLE 54, IDAHO CODE, BY THE ADDI-
 3        TION OF A NEW CHAPTER 47, TITLE 54, IDAHO  CODE,  TO  PROVIDE  LEGISLATIVE
 4        INTENT  AND  PURPOSE,  TO  PROVIDE  DEFINITIONS,  TO REQUIRE A LICENSE, TO
 5        DEFINE SCOPE OF  PRACTICE,  TO  DEFINE  RESPONSIBILITY  CONCERNING  PUBLIC
 6        HEALTH,  TO  SPECIFY PROHIBITIONS, TO SPECIFY EXEMPTIONS, TO ESTABLISH THE
 7        BOARD OF NATUROPATHIC MEDICAL EXAMINERS, TO DEFINE POWERS OF THE BOARD, TO
 8        PROVIDE DISPOSITION OF BOARD RECEIPTS, TO PROVIDE CIVIL IMMUNITY, TO  PRO-
 9        VIDE COMPENSATION AND EXPENSES, TO PROVIDE QUALIFICATION FOR LICENSURE, TO
10        PROVIDE  FOR  APPLICATION  FOR CURRENT PRACTITIONERS OF NATUROPATHIC MEDI-
11        CINE, TO PROVIDE FOR EXAMINATION FOR LICENSURE, TO PROVIDE  LICENSE  STAN-
12        DARDS  FOR APPLICANTS FROM OTHER JURISDICTIONS, TO PROVIDE FOR APPLICATION
13        FOR LICENSURE AND FEES, TO PROVIDE FOR LICENSE RENEWAL AND FEES,  TO  PRO-
14        VIDE  CONTINUING EDUCATION REQUIREMENTS AND EXEMPTIONS, TO GOVERN APPROVAL
15        OF CONTINUING EDUCATION PROGRAMS, TO REQUIRE REPORTS OF  SUSPECTED  VIOLA-
16        TIONS,  TO AUTHORIZE INVESTIGATIONS, HEARINGS AND SUBPOENA POWERS, TO PRO-
17        VIDE FOR SUSPENSION AND REVOCATION, TO PROVIDE FOR  DENIAL  OR  REVOCATION
18        PROCEDURE,  TO  PROHIBIT UNAUTHORIZED EMPLOYMENT, TO PROVIDE PENALTIES, TO
19        PROVIDE FOR ENFORCEMENT AND TO PROVIDE SEVERABILITY.

20    Be It Enacted by the Legislature of the State of Idaho:

21        SECTION 1.  That Title 54, Idaho Code, be, and the same is hereby  amended
22    by  the addition thereto of a  NEW CHAPTER , to be known and desig-
23    nated as Chapter 47, Title 54, Idaho Code, and to read as follows:

24                                      CHAPTER 47
25                             NATUROPATHIC HEALTH CARE ACT

26        54-4701.  INTENT -- PURPOSE. (1) The legislature finds that a  significant
27    number  of  residents  of  the state of Idaho choose naturopathic medicine for
28    their health care needs and declares that naturopathic medicine is a  distinct
29    health care profession that affects the public health, safety and welfare, and
30    provides for freedom of choice in health care.
31        (2)  The purpose of this chapter is:
32        (a)  To  provide  standards for the licensure and regulation of doctors of
33        naturopathic medicine in order to protect the public  health,  safety  and
34        welfare.
35        (b)  To ensure that naturopathic medicine as practiced by qualified physi-
36        cians of naturopathic medicine is available to the people of Idaho.

37        54-4702.  DEFINITIONS. As used in this chapter:
38        (1)  "Approved naturopathic medical program" means:
39        (a)  A  college or university granting the degree of doctor of naturopathy
40        or doctor of naturopathic medicine that is accredited by  the  council  on
41        naturopathic medical education (CNME) or another accrediting agency recog-


                                          2

 1        nized by the United States department of education;
 2        (b)  A college or university granting the degree of doctor of naturopathy,
 3        or  doctor  of naturopathic medicine, that has the status of candidate for
 4        accreditation with the accrediting agency; or
 5        (c)  A postgraduate degree-granting college or university of  the  healing
 6        arts approved by the board and a state or federal accrediting agency. Such
 7        college or university shall require a minimum of sixty (60) semester units
 8        for admission and fulfills a minimum of four thousand (4,000) credit hours
 9        in  basic  sciences,  naturopathic philosophy, naturopathic modalities and
10        naturopathic medicine of which not less than two  thousand  (2,000)  hours
11        shall  be  classroom  instruction  and two thousand (2,000) hours shall be
12        school or college approved supervised clinical training. The program shall
13        provide adequate instruction to maintain naturopathic medicine as a  sepa-
14        rate and distinct healing art.
15        (2)  "Board" means the board of naturopathic medical examiners.
16        (3)  "Formulary"  means  the  list of substances which naturopathic physi-
17    cians use in the practice of their professions, as specified by the  board  of
18    naturopathic examiners.
19        (4)  "Naturopathic  medicine"  means  a  comprehensive  system  of primary
20    health care practiced by naturopathic physicians for the prevention, diagnosis
21    and treatment of human health conditions, injuries,  and  diseases  that  uses
22    education,  natural  medicines  and  therapies  to  support  and stimulate the
23    individual's intrinsic self-healing processes.
24        (5)  "Naturopathic physician" means a person authorized  and  licensed  to
25    practice naturopathic medicine under this chapter.

26        54-4703.  LICENSE REQUIRED. (1) No person shall practice, attempt to prac-
27    tice,  or  claim to practice naturopathic medicine in this state without first
28    complying with the provisions of this chapter.
29        (2)  Only persons licensed under this chapter may use any or  all  of  the
30    following   terms:   "doctor   of   naturopathy,"   "naturopathic  physician,"
31    "naturopath" or its abbreviation, "N.D.," "naturopathic medical doctor" or its
32    abbreviation "N.M.D.," "naturopathic medicine," "naturopathic health care" and
33    "naturopathy."
34        (3)  The titles and terms in  subsection  (2)  of  this  section  identify
35    naturopathic  physicians  and  are  restricted  to  describing and identifying
36    licensed practitioners and their practice. Any person who uses these titles or
37    terms to represent themselves or their practice to the  public  without  being
38    licensed  pursuant  to  the  provisions of this chapter may be enjoined by the
39    district court on petition by the board.

40        54-4704.  SCOPE OF PRACTICE. (1)  Diagnostic  procedures.  A  naturopathic
41    physician may use physical and laboratory examinations for diagnostic purposes
42    including  phlebotomy,  clinical  laboratory  tests, speculum examinations and
43    physiological function tests. A naturopathic physician may order  and  perform
44    noninvasive  diagnostic  and  imaging  tests,  including ultrasound, x-ray and
45    electrocardiogram.
46        (2)  Natural medicines. Naturopathic physicians  are  authorized  to  dis-
47    pense,  administer and prescribe natural medicines for preventative and thera-
48    peutic purposes including: food, extracts of foods, nutraceuticals,  vitamins,
49    minerals,  enzymes,  herbs and their extracts, and phytochemicals that are not
50    designated as prescription drugs or controlled substances,  homeopathic  medi-
51    cines  prepared  according  to  the  Homeopathic  Pharmacopoeia  of the United
52    States, and all dietary supplements and nonprescription drugs  as  defined  by
53    the  federal  food,  drug and cosmetic act. Naturopathic physicians are autho-


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 1    rized to dispense, administer and  prescribe,  as  natural  medicines,  legend
 2    drugs limited to those listed in the naturopathic formulary.
 3        (3)  Naturopathic  formulary.  The  naturopathic formulary shall be estab-
 4    lished by board rule as  provided  in  section  54-4709(9),  Idaho  Code,  and
 5    reviewed  periodically  by the board. The naturopathic formulary shall include
 6    legend drugs and prescription medical devices that  are  consistent  with  the
 7    training provided by approved naturopathic medical colleges including, but not
 8    limited   to,  nutraceuticals,  homeopathic  medicines,  botanical  medicines,
 9    phytochemicals, natural source antibiotics, topical medicines, natural  source
10    hormones and barrier contraceptive devices.
11        (4)  Therapies.  A  naturopathic  physician  may administer, prescribe and
12    dispense, for preventative and therapeutic  purposes:  life-style  counseling,
13    biofeedback,  dietary  therapy,  nutritional counseling, naturopathic physical
14    medicine and clinical procedures. Naturopathic physical medicine is the thera-
15    peutic use of physical agents of air, water,  heat,  cold,  sound,  light  and
16    electromagnetic   nonionizing   radiation   and  the  physical  modalities  of
17    electrotherapy, diathermy, ultraviolet  light,  ultrasound,  hydrotherapy  and
18    therapeutic  exercise  in accordance with naturopathic principles for the pur-
19    pose of restoring normal physiological function to the body.  Clinical  proce-
20    dures   are  methods  for  the  repair  and  care  incidental  to  superficial
21    lacerations and abrasions, superficial lesions and the removal of foreign bod-
22    ies located in the superficial tissues. Naturopathic physicians are authorized
23    to administer antiseptics and local anesthetics  listed  in  the  naturopathic
24    formulary in connection with clinical procedures.

25        54-4705.  PUBLIC  HEALTH AUTHORITY AND RESPONSIBILITY. A naturopathic phy-
26    sician is a licensed doctor and has the same authority and  responsibility  as
27    other  licensed  doctors  regarding public health laws, reportable disease and
28    conditions, communicable disease control and prevention, recording vital  sta-
29    tistics, and performing health and physical examinations.

30        54-4706.  PROHIBITIONS. (1) A naturopathic physician may not:
31        (a)  Prescribe,  dispense or administer any controlled substance or device
32        identified in the federal controlled substances act, 21 USC, sections  801
33        through 971 (1988), except as authorized by this chapter;
34        (b)  Perform  surgical  procedures except those clinical procedures autho-
35        rized by this chapter;
36        (c)  Practice or claim to practice as a medical  doctor,  osteopath,  den-
37        tist, podiatrist, optometrist, chiropractor, or any other system or method
38        of treatment not authorized in this chapter; and
39        (d)  Use general or spinal anesthetics.
40        (2)  Nothing in this chapter shall be construed to authorized any licensee
41    under this chapter to perform a planned abortion.

42        54-4707.  EXEMPTIONS.   This  chapter  is  not  intended  to  prohibit  or
43    restrict:
44        (1)  The practice of a profession by individuals who are licensed,  certi-
45    fied  or registered under other laws of this state and are performing services
46    within the authorized scope of practice;
47        (2)  The practice of naturopathic medicine by an  individual  employed  by
48    the  federal  government while the individual is engaged in the performance of
49    duties prescribed by the laws and regulations of the United States;
50        (3)  An individual rendering aid in an emergency, when  no  fee  or  other
51    consideration for the service is charged, received, expected or contemplated;
52        (4)  An individual administering a domestic or family remedy;


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 1        (5)  A  person engaged in the sale of vitamins, health foods, dietary sup-
 2    plements, herbs, or other products of nature, the sale of which is not  other-
 3    wise prohibited under state or federal law, but this subsection does not:
 4        (a)  Allow a person to diagnose any human disease, ailment, injury, infir-
 5        mity, deformity, pain or other condition; or
 6        (b)  Prohibit  providing  truthful and nonmisleading information regarding
 7        any of the products under this subsection;
 8        (6)  A person engaged in good faith for religious reasons as a  matter  of
 9    conscience  or  based  on  a  personal belief, without the use of prescription
10    drugs;
11        (7)  A person acting in good faith for religious reasons as  a  matter  of
12    conscience or based on a personal belief, when obtaining or providing informa-
13    tion regarding health care and the use of any product;
14        (8)  Persons  not  licensed  under this chapter from the use of individual
15    modalities which comprise the practice of naturopathic medicine, such  as  the
16    use  of  dietary supplements, herbs, foods, homeopathic preparations, and such
17    physical forces as heat, cold, water, touch and light;
18        (9)  The practice by a naturopathic physician  duly  licensed  in  another
19    state,  territory or the District of Columbia when that naturopathic physician
20    is incidentally called into this state for consultation with a  licensed  doc-
21    tor; or
22        (10) The  practice  of  naturopathic  medicine  by students enrolled in an
23    approved naturopathic medical program. Services shall be performed pursuant to
24    a course of instruction or assignments from an instructor and under the super-
25    vision of the instructor. The instructor shall  be  a  naturopathic  physician
26    licensed pursuant to this chapter.

27        54-4708.  BOARD  OF  NATUROPATHIC  MEDICAL  EXAMINERS. (1) There is hereby
28    established in the department of self-governing  agencies  a  state  board  of
29    naturopathic medical examiners to be composed of five (5) members appointed by
30    the  governor.  The  members shall be appointed by the governor from a list of
31    candidates, submitted by the  various  naturopathic  associations  within  the
32    state, no later than sixty (60) days after the effective date of this section.
33        (2)  Four  (4)  members shall be practitioners licensed under this chapter
34    and one (1) shall be an unaffiliated lay person who shall have been a resident
35    of the state of Idaho for a minimum of three (3) years.
36        (3)  The term of service for each board member shall be  four  (4)  years,
37    with  the exception that two (2) members of the initial board shall serve only
38    two (2) years with such members being established by lot. No board member  may
39    serve more than two (2) consecutive full terms.
40        (4)  Any board member may be removed for just cause including a finding of
41    fact of unprofessional conduct, impaired practice or more than three (3) unex-
42    cused absences.
43        (5)  Sixty (60) days prior to the expiration of the regular term of a mem-
44    ber  of  the  board  or upon the occurrence or declaration of a vacancy in the
45    membership of the board, a notice of the vacancy shall be sent by the board to
46    all licensed naturopathic physicians within the state.  During  the  following
47    thirty (30) days the board shall receive petitions for nominations to fill the
48    vacancies. Any petition of nomination signed by at least five (5) naturopathic
49    physicians  shall  be  forwarded  by  the  board to the governor who will then
50    appoint a person to fill the vacancy within sixty (60) days.
51        (6)  The board shall annually elect one (1) of its  members  as  president
52    and one (1) of its members as secretary.

53        54-4709.  POWERS OF THE BOARD. In addition to any other authority provided


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 1    by law, the board may:
 2        (1)  Adopt  rules necessary to implement this chapter, pursuant to chapter
 3    52, title 67, Idaho Code;
 4        (2)  Set all license, examination, and renewal fees commensurate with  the
 5    cost of administration;
 6        (3)  Approve the establishment of forms and procedures necessary to admin-
 7    ister this chapter;
 8        (4)  Prepare  and administer or approve the preparation and administration
 9    of examinations for licensure;
10        (5)  Issue and/or renew a license to any applicant who has met the  educa-
11    tion,  training, and examination requirements for licensure and deny a license
12    to applicants who do not meet the minimum qualifications for licensure;
13        (6)  Adopt rules specifying the scope of practice of naturopathic medicine
14    stated in section 54-4704, Idaho Code, that are consistent with the definition
15    of naturopathic medicine;
16        (7)  Ensure the maintenance of  the  official  department  record  of  all
17    applicants and licensees;
18        (8)  Establish  by  rule the procedures for an appeal of examination fail-
19    ure;
20        (9)  Establish a naturopathic formulary: There  is  hereby  established  a
21    naturopathic medical formulary council to be composed of five (5) members. One
22    (1)  member  shall be a member of the board of naturopathic medical examiners,
23    appointed by the board. One (1)  member  shall  be  a  naturopathic  physician
24    licensed under this chapter, appointed by the board. One (1) member shall be a
25    physician  licensed  under  chapter 18, title 54, Idaho Code, appointed by the
26    board of medical examiners. One (1) member  shall  be  a  pharmacist  licensed
27    under  chapter  17,  title 54, Idaho Code, appointed by the board of pharmacy.
28    One (1) member shall be a person who holds an advance degree  in  health  sci-
29    ences,  appointed by the council. The council shall recommend to the board the
30    formulary list for the board's final approval. The formulary list may  not  go
31    beyond the scope of natural medicines covered by approved naturopathic medical
32    formularies,  or  board  approved  continuing  education.  The  list  shall be
33    reviewed biannually by the council and the board shall revise the formulary if
34    changes are accepted.
35        (10) Adopt standards of practice for naturopathic physicians;
36        (11) Adopt rules implementing a continuing education program in accordance
37    with section 54-4719, Idaho Code.

38        54-4710.  DEPOSITION OF BOARD RECEIPTS. All money received  by  the  board
39    under  this  chapter shall be paid into the occupational licenses account, and
40    be dispersed in accordance with section 67-2606, Idaho Code.

41        54-4711.  CIVIL IMMUNITY. The director, members of the board, or individu-
42    als acting on their behalf, are immune from suit in any civil action based  on
43    any  act performed in the course of their duties, so long as such is performed
44    in good faith and without malice. Nothing in this chapter shall  be  construed
45    to  relieve  any practitioner from liability which may be incurred in the pro-
46    fessional treatment of any patient.

47        54-4712.  COMPENSATION AND EXPENSES OF BOARD AND COUNCIL MEMBERS. A  board
48    or council member is entitled to compensation and expenses as provided in sec-
49    tion 59-509(h), Idaho Code.

50        54-4713.  QUALIFICATIONS  FOR  LICENSURE.  To be eligible for a license to
51    practice naturopathic medicine, the applicant shall:


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 1        (1)  Be a graduate of an approved naturopathic medical program and pass or
 2    have passed a competency-based examination approved by the board, covering the
 3    appropriate naturopathic subjects, including basic and clinical sciences;
 4        (2)  Possess a good ethical and professional reputation;
 5        (3)  Be physically and mentally capable of safely practicing  naturopathic
 6    medicine with or without reasonable accommodation;
 7        (4)  Have  never  had a license to practice naturopathic medicine refused,
 8    revoked or suspended by any other state or country for reasons that relate  to
 9    the  applicant's  ability to skillfully and safely practice naturopathic medi-
10    cine unless that license has been restored to good standing by that  state  or
11    country; and
12        (5)  File a board approved application and pay the licensing fees.

13        54-4714.  APPLICATION  FOR CURRENT PRACTITIONERS OF NATUROPATHIC MEDICINE.
14    (1) All persons who have been engaged in the practice of naturopathic medicine
15    in the state of Idaho for a minimum period of three (3)  years  prior  to  the
16    passage  of  this  chapter  and  can prove appropriate education and training,
17    shall be licensed under this chapter by making application to the board within
18    one hundred eighty (180) days from  the  date  on  which  this  chapter  takes
19    effect.  Affidavits  of two (2) reputable citizens attesting to the good moral
20    character of the applicant shall be filed with the application.
21        (2)  Nothing in this section is to  be  construed  to  allow  any  current
22    naturopathic  physician  to  increase  his/her  scope  of practice except with
23    appropriate additional education or training.
24        (3)  Failure of persons currently practicing naturopathic medicine in this
25    state to apply for licensure within the one hundred eighty  (180)  day  period
26    shall  cause  such persons to be subject to prosecution under section 54-4727,
27    Idaho Code.

28        54-4715.  EXAMINATION FOR LICENSURE. (1) The  date  and  location  of  the
29    examination  shall be established by the board. Applicants who have been found
30    to meet the education and  experience  requirements  for  licensure  shall  be
31    scheduled  for  the  next examination following the filing of the application.
32    The board shall establish by rule the examination application deadline.
33        (2)  The examination shall contain subjects appropriate to  the  standards
34    of competency and scope of practice.
35        (3)  The  board  shall establish by rule the requirements for a reexamina-
36    tion if the applicant has failed the examination.

37        54-4716.  LICENSE STANDARDS FOR APPLICANTS FROM OTHER JURISDICTIONS.   The
38    board  shall  establish  by  rule  the  standards  for licensure of applicants
39    licensed in another jurisdiction. However, the standards  for  endorsement  of
40    licensure shall not be less than required for licensure in the state of Idaho.

41        54-4717.  APPLICATION  FOR  LICENSURE  --  FEE. Applications for licensure
42    shall be submitted on forms provided by the board. The board may  require  any
43    information  and  documentation needed to determine if the applicant meets the
44    criteria for licensure as provided in this chapter. Each applicant shall pay a
45    fee, determined by the board, which shall be not less than three hundred  dol-
46    lars  ($300). The fee shall be submitted with the application. The fee, deter-
47    mined by the board, for the original license shall be not less than three hun-
48    dred fifty dollars ($350).

49        54-4718.  LICENSE RENEWAL -- FEE. The board shall establish  by  rule  the
50    requirements  for renewal of licenses. The board shall establish a renewal and


                                          7

 1    late renewal penalty fee, which shall be not less  than  two  hundred  dollars
 2    ($200).  Failure  to  renew  shall  invalidate  the license and all privileges
 3    granted by the license. The board shall determine by rule  whether  a  license
 4    shall be canceled for failure to renew and shall establish procedures and pre-
 5    requisites for relicensure.

 6        54-4719.  CONTINUING  EDUCATION  REQUIREMENTS -- EXEMPTIONS. (1) Except as
 7    provided in subsection (2) of this section,  each  person  holding  a  license
 8    under  this  chapter  shall  submit with their application for license renewal
 9    evidence satisfactory to the board of successful  completion  of  an  approved
10    program  of continuing education as established by the board. The board estab-
11    lished requirements for continuing education shall be  consistent  with  other
12    Idaho state health care licensing laws.
13        (2)  The  board may exempt any person holding a license under this chapter
14    from the requirements of subsection (1) of this section upon application show-
15    ing evidence satisfactory to  the  board  of  inability  to  comply  with  the
16    requirements  because  of  physical  or  mental  condition or because of other
17    unusual or extenuating circumstances. No person shall  be  exempted  from  the
18    requirements  of subsection (1) of this section more than once in any five (5)
19    year period; however, exemptions may be granted upon review by  the  board  to
20    persons licensed under this chapter who become engaged in prolonged religious,
21    military, or humanitarian service.

22        54-4720.  APPROVAL  OF  CONTINUING  EDUCATION  PROGRAMS. (1) The board may
23    offer a program of continuing education in naturopathic medicine to  meet  the
24    requirements of section 54-4719, Idaho Code. The board may also approve a pro-
25    gram to be presented by persons qualified to do so.
26        (2)  Any  person  seeking approval of a program of continuing education in
27    naturopathic medicine to comply with the requirements  of  subsection  (1)  of
28    this  section,  shall  submit  to  the  board,  at  such time as the board may
29    require, copies of courses of study to be offered  and  proof  of  such  other
30    qualifications  as  the  board may require. Approval granted to any program of
31    continuing education shall be reviewed periodically and approval may be  with-
32    drawn from any program that fails to meet the requirements of the board.
33        (3)  Any  program of continuing education in naturopathic medicine offered
34    or approved under this section shall consist of study  covering  new,  review,
35    experimental,  research  and  specialty  subjects in the field of naturopathic
36    medicine.

37        54-4721.  REPORT OF SUSPECTED VIOLATION. (1) Any board licensee shall, and
38    any other person may, report to the board any suspected violation of the  pro-
39    visions of this chapter.
40        (2)  Information  pertaining  to  the report required by subsection (1) of
41    this section shall remain confidential and not be subject to public disclosure
42    under the provisions of chapter 3, title 9, Idaho Code.
43        (3)  Any person who reports or provides information  to  the  board  under
44    this section in good faith shall not be subject to an action for civil damages
45    as a result thereof.

46        54-4722.  INVESTIGATION,  HEARINGS  -- SUBPOENA POWER. (1) The board shall
47    investigate, or cause to be investigated, all complaints made to  it  and  all
48    cases of noncompliance with this chapter.
49        (2)  The  board  may  conduct  hearings  to assist with investigations, to
50    determine whether grounds exist for suspension,  revocation  or  denial  of  a
51    license  or  to  fulfill  its responsibilities under this chapter as the board


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 1    otherwise determines necessary.
 2        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 3    disciplinary  proceedings  and compel, by subpoena duces tecum, the production
 4    of papers and records.

 5        54-4723.  SUSPENSION AND REVOCATION. (1) The board may suspend, revoke  or
 6    refuse to issue or renew a license on any of the following grounds:
 7        (a)  The  practice  of  fraud  or deceit in obtaining a license under this
 8        chapter or in connection with services rendered as a  naturopathic  physi-
 9        cian;
10        (b)  A legal finding of mental incompetence;
11        (c)  Aiding or abetting a person, not duly licensed under this chapter, in
12        claiming to be a naturopathic physician;
13        (d)  Any  gross  negligence, incompetence or misconduct in the performance
14        of naturopathic medicine;
15        (e)  Conviction of any crime resulting in imprisonment for one (1) year or
16        more;
17        (f)  Conviction of sexual misconduct;
18        (g)  Habitual use of, or addiction to ardent spirits and/or  mind-altering
19        drugs;
20        (h)  Failure  of  the  individual practitioner to maintain his/her profes-
21        sional premises in a clean and sanitary condition;
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  or  experimental  in  the  absence  of  demonstrable harm to a
27    patient and the attending licensee and patient have signed  a  waiver  to  the
28    effect that the treatment or device is considered unconventional or experimen-
29    tal.
30        (3)  In  any proceeding in which an individual licensed under this chapter
31    may have his/her license denied, not renewed, suspended or revoked for reasons
32    related to the scope of practice, the members of any committee or panel  which
33    will  rule  on  such  action shall be licensed naturopathic physicians who are
34    knowledgeable in, ascribe to, and  practice  that  portion  of  the  scope  of
35    naturopathic medical practice which is under consideration.

36        54-4724.  LICENSE DENIAL OR REVOCATION PROCEDURE. Where the board proposes
37    to  refuse  to  issue  or  renew a license, or proposes to revoke or suspend a
38    license, opportunity for a hearing shall be according  to  the  provisions  of
39    chapter 52, title 67, Idaho Code.

40        54-4725.  UNAUTHORIZED  EMPLOYMENT. A person in the course of business may
41    not employ a naturopathic physician who does not have a  license  unless  that
42    person is a student or an intern within the meaning of this chapter.

43        54-4726.  PENALTIES. Violation of any provision of this chapter is punish-
44    able,  upon  conviction, by a fine of not less than one hundred dollars ($100)
45    nor more than two thousand five hundred dollars ($2,500)  or  imprisonment  in
46    the  county  jail  for  not  less  than thirty (30) days nor more than six (6)
47    months, or both.

48        54-4727.  ENFORCEMENT. The prosecuting attorneys of the state shall prose-
49    cute all persons charged with violation of any of the provisions of this chap-
50    ter. Justice courts, municipal  courts  and  circuit  courts  have  concurrent


                                          9

 1    jurisdiction for the prosecution of offenses under this chapter.

 2        54-4728.  SEVERABILITY. If any provision of this act or its application to
 3    any  person  or  circumstance is held invalid, the remainder of the act or the
 4    application of  the  provision  to  other  persons  or  circumstances  is  not
 5    affected.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS08822

The intent of this legislation is to include the practice of
Naturopathic Medicine into the framework of Idaho's public
policy, and to establish guidelines for the practice of
Naturopathic Medicine. To define terms associated with
Naturopathic Medicine and to add a Board of Naturopathic Medicine
to oversee the practice of Naturopathic Medicine.








                            FISCAL NOTE

No Fiscal Impact






         CONTACTS: Senator Robbi King 332-1339
                   Karleane Allen 375-5806
         
         
         
                                       STATEMENT OF PURPOSE/ FISCAL NOTE   S1148