2000 Legislation
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SENATE BILL NO. 1430 – Naturopathic Health Care Act


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S1430.................................................by HEALTH AND WELFARE
NATUROPATHIC HEALTH CARE - Adds to existing law to adopt the Naturopathic
Health Care Act; to license naturopathic physicians; to create a board of
naturopathic medical examiners; to describe the scope of practice and
formulary of substances; to provide requirements for licensure and rights
of those currently engaged in practice; and to require continuing
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Health/Wel

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1430
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
 21    Be It Enacted by the Legislature of the State of Idaho:
 22        SECTION 1.  That Title 54, Idaho Code, be, and the same is hereby  amended
 23    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 24    ter 48, Title 54, Idaho Code, and to read as follows:
 25                                      CHAPTER 48
 26                             NATUROPATHIC HEALTH CARE ACT
 27        54-4801.  INTENT -- PURPOSE. (1) The legislature finds that a  significant
 28    number  of  residents  of  the  state  of Idaho choose natural health care and
 29    declares that naturopathic medicine is a distinct health care profession  that
 30    affects  the  public  health,  safety and welfare, and provides for freedom of
 31    choice in health care.
 32        (2)  The purpose of this chapter is:
 33        (a)  To provide standards for the licensure and regulation of naturopathic
 34        physicians to practice naturopathic medicine in the state of Idaho;
 35        (b)  To ensure that naturopathic medicine is practiced  in  the  state  of
 36        Idaho by qualified naturopathic physicians.
 37        54-4802.  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  an  accrediting
 41        agency recognized by the state or federal government; or
  1        (b)  A college or university granting the degree of doctor of naturopathy,
  2        or  doctor  of naturopathic medicine, that has the status of candidate for
  3        accreditation with the accrediting agency; or
  4        (c)  A postgraduate degree-granting college or university of  the  healing
  5        arts approved by the board and a state or federal accrediting agency. Such
  6        college or university shall require a minimum of sixty (60) semester units
  7        for admission and fulfills a minimum of four thousand (4,000) credit hours
  8        in  basic  and  clinical  sciences,  naturopathic philosophy, naturopathic
  9        modalities and naturopathic medicine of which not less than  two  thousand
 10        (2,000) hours shall be academic instruction and two thousand (2,000) hours
 11        shall be school or college approved supervised clinical training. The pro-
 12        gram  shall provide adequate instruction to maintain naturopathic medicine
 13        as a separate and distinct healing art.
 14        (2)  "Board" means the board of naturopathic medical examiners.
 15        (3)  "Formulary" means the list of substances  which  naturopathic  physi-
 16    cians use in the practice of their professions, as determined by the formulary
 17    council and enforced by the board of naturopathic examiners.
 18        (4)  "Formulary  council" means the membership of individuals appointed to
 19    determine and authorize the formulary list.
 20        (5)  "Minor office procedure" means:
 21        (a)  The use of operative, electrical, or other methods of repair and care
 22        of superficial lacerations, abrasions and  benign  lesions.  "Superficial"
 23        refers to epidermis, dermis and hypodermis;
 24        (b)  Removal of foreign bodies located in superficial tissues; and
 25        (c)  The use of antiseptics and local anesthetics in connection with minor
 26        office  surgical  procedures. "Local anesthetics" means the application of
 27        anesthetic which may be injected into the superficial tissues only to  the
 28        extent  necessary  to  care  for lacerations, abrasions and the removal of
 29        foreign bodies located in superficial structures.
 30        (6)  "Minor office procedures" does not include:
 31        (a)  General or spinal anesthesia;
 32        (b)  Office procedures more complicated or extensive than those set  forth
 33        in subsection (5) of this section;
 34        (c)  Surgical procedures involving the eye or ear; or
 35        (d)  Any  surgical  procedure involving tendons, nerves, veins or arteries
 36        extending beyond superficial tissue.
 37        (7)  "Naturopathic medicine"  means  a  comprehensive  system  of  primary
 38    health care practiced by naturopathic physicians for the prevention, diagnosis
 39    and  treatment  of  human  health conditions, injuries, and diseases that uses
 40    education, natural medicines  and  therapies  to  support  and  stimulate  the
 41    individual's intrinsic self-healing processes.
 42        (8)  "Naturopathic  physician"  means  a person authorized and licensed to
 43    practice naturopathic medicine under this chapter.
 44        54-4803.  LICENSE REQUIRED. (1) No person shall practice, attempt to prac-
 45    tice, or claim to practice naturopathic medicine in this state  without  first
 46    complying with the provisions of this chapter.
 47        (2)  Only  persons  licensed  under this chapter may use any or all of the
 48    following terms: "doctor of naturopathy,"  "naturopathic  physician,"  or  its
 49    abbreviation,  "N.D.,"  "naturopathic  medical  doctor,"  or  its abbreviation
 50    "N.M.D." and "naturopathic medicine."
 51        (3)  The titles and terms in  subsection  (2)  of  this  section  identify
 52    naturopathic  physicians  and  are  restricted  to  describing and identifying
 53    licensed practitioners and their practice. Any person who uses these titles or
 54    terms to represent themselves or their practice to the  public  without  being
  1    licensed  pursuant  to  the  provisions of this chapter may be enjoined by the
  2    district court on petition by the board.
  3        54-4804.  SCOPE OF PRACTICE. (1)  Diagnostic  procedures.  A  naturopathic
  4    physician may use physical and laboratory examinations for diagnostic purposes
  5    including  phlebotomy,  clinical  laboratory  tests, speculum examinations and
  6    physiological function tests. A naturopathic physician may order  and  perform
  7    noninvasive  diagnostic and imaging tests, consistent with naturopathic train-
  8    ing, including ultrasound, x-ray and electrocardiogram.
  9        (2)  Natural medicines. Naturopathic physicians  are  authorized  to  dis-
 10    pense,  administer and prescribe natural medicines for preventative and thera-
 11    peutic purposes including: food, extracts of foods, nutraceuticals,  vitamins,
 12    minerals,  enzymes,  botanicals  and their extracts, and homeopathic medicines
 13    prepared according to the Homeopathic Pharmacopoeia of the United States,  and
 14    all  dietary  supplements  and nonprescription drugs as defined by the federal
 15    food, drug and cosmetic act. Naturopathic physicians are  authorized  to  dis-
 16    pense,  administer  and  prescribe legend drugs limited to those listed in the
 17    naturopathic  formulary.  Such  authorization  shall   be   granted   by   the
 18    naturopathic  board  of  examiners on an individual basis upon application and
 19    proof of competency.
 20        (3)  Naturopathic formulary. The naturopathic formulary  shall  be  estab-
 21    lished  by  board  rule  as  provided  in  section 54-4809(9), Idaho Code, and
 22    reviewed periodically by the board. The naturopathic formulary  shall  include
 23    legend  drugs  and  prescription  medical devices that are consistent with the
 24    training provided by approved naturopathic medical colleges including, but not
 25    limited to, nutraceuticals, homeopathic medicines, botanical medicines,  natu-
 26    ral source antibiotics, topical medicines, natural source hormones and barrier
 27    contraceptive devices.
 28        (4)  Therapies.  A  naturopathic  physician  may administer, prescribe and
 29    dispense, for preventative and therapeutic  purposes:  life-style  counseling,
 30    biofeedback,  dietary  therapy,  nutritional counseling, naturopathic physical
 31    medicine and minor office procedures. Naturopathic physical  medicine  is  the
 32    therapeutic use of physical agents of air, water, heat, cold, sound, light and
 33    electromagnetic   nonionizing   radiation   and  the  physical  modalities  of
 34    electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, merid-
 35    ian therapy, and therapeutic exercise and treatment of body structures or tis-
 36    sues in accordance with naturopathic principles for the purpose  of  restoring
 37    normal physiological function by normalizing and balancing the musculoskeletal
 38    system  of  the  body.  Minor office procedures are methods for the repair and
 39    care incidental to superficial lacerations and abrasions, superficial  lesions
 40    and  the  removal  of  foreign  bodies  located  in  the  superficial tissues.
 41    Naturopathic physicians are authorized to  administer  antiseptics  and  local
 42    anesthetics  listed  in the naturopathic formulary in relation to minor office
 43    procedures.
 44        54-4805.  PUBLIC HEALTH AUTHORITY AND RESPONSIBILITY. A naturopathic  phy-
 45    sician  is  a licensed doctor and has the same authority and responsibility as
 46    other licensed doctors regarding public health laws,  reportable  disease  and
 47    conditions,  communicable disease control and prevention, recording vital sta-
 48    tistics, and performing health and physical examinations.
 49        54-4806.  PROHIBITIONS. (1) A naturopathic physician may not:
 50        (a)  Prescribe, dispense or administer any controlled substance or  device
 51        identified  in the federal controlled substances act, 21 USC, sections 801
 52        through 971 (1988), except as authorized by this chapter;
  1        (b)  Perform surgical procedures  except  those  minor  office  procedures
  2        authorized by this chapter;
  3        (c)  Practice  or  claim  to practice as a medical doctor, osteopath, den-
  4        tist, podiatrist, optometrist, chiropractor, or any other system or method
  5        of treatment not authorized in this chapter unless licensed by  the  state
  6        of Idaho to do so; and
  7        (d)  Use general or spinal anesthetics.
  8        (2)  Nothing  in this chapter shall be construed to authorize any licensee
  9    under this chapter to perform a planned abortion.
 10        (3)  Nothing in this chapter shall negate previous court decisions or cur-
 11    rent Idaho law.
 12        54-4807.  EXEMPTIONS.  This  chapter  is  not  intended  to  prohibit   or
 13    restrict:
 14        (1)  The  practice of a profession by individuals who are licensed, certi-
 15    fied or registered under other laws of this state and are performing  services
 16    within the authorized scope of practice;
 17        (2)  The  practice  of  naturopathic medicine by an individual employed by
 18    the federal government while the individual is engaged in the  performance  of
 19    duties prescribed by the laws and regulations of the United States;
 20        (3)  An  individual  rendering  aid to a family member or in an emergency,
 21    when no fee or other consideration  for  the  service  is  charged,  received,
 22    expected or contemplated;
 23        (4)  A  person engaged in the sale of vitamins, health foods, dietary sup-
 24    plements, herbs, or other products of nature, the sale of which is not  other-
 25    wise prohibited under state or federal law, but this subsection does not:
 26        (a)  Allow a person to diagnose any human disease, ailment, injury, infir-
 27        mity, deformity, pain or other condition; or
 28        (b)  Prohibit  providing  truthful and nonmisleading information regarding
 29        any of the products under this subsection;
 30        (5)  A person engaged in good faith for religious reasons as a  matter  of
 31    conscience or based on a personal belief;
 32        (6)  A  person  who administers treatment or provides advice regarding the
 33    human body and its function that:
 34        (a)  Does not use legend or prescription drugs in such practice;
 35        (b)  Uses natural elements such as air, heat, water and light;
 36        (c)  Only uses class I or  class  II  nonprescription,  approved,  medical
 37        devices  as  defined in section 513 of the federal food, drug and cosmetic
 38        act;
 39        (d)  Only uses vitamins, minerals, herbs, homeopathics, natural food prod-
 40        ucts and their extracts, and nutritional supplements;
 41        (e)  Does not perform surgery;
 42        (f)  Requires each person receiving services  to  sign  a  declaration  of
 43        informed  consent  which includes an overview of the health care providers
 44        education which states that the health care provider  is  not  an  "M.D.,"
 45        "D.O.,"  or "D.C.," and is not licensed under the provisions of this chap-
 46        ter.
 47        (7)  The practice by a naturopathic physician  duly  licensed  in  another
 48    state,  territory or the District of Columbia when that naturopathic physician
 49    is incidentally called into this state for consultation with a  licensed  doc-
 50    tor; or
 51        (8)  The  practice  of  naturopathic  medicine  by students enrolled in an
 52    approved naturopathic medical program. Services shall be performed pursuant to
 53    a course of instruction or assignments from an instructor and under the super-
 54    vision and observation of the instructor.
  1        54-4808.  BOARD OF NATUROPATHIC MEDICAL EXAMINERS.  (1)  There  is  hereby
  2    established  in  the  department  of  self-governing agencies a state board of
  3    naturopathic medical examiners to be composed of five (5) members appointed by
  4    the governor. The members shall be appointed by the governor from  a  list  of
  5    candidates,  submitted  by  the  various  naturopathic associations within the
  6    state, no later than sixty (60) days after the effective date of this section.
  7        (2)  Four (4) members shall be practitioners licensed under  this  chapter
  8    and one (1) shall be an unaffiliated lay person who shall have been a resident
  9    of the state of Idaho for a minimum of three (3) years.
 10        (3)  The  term  of  service for each board member shall be four (4) years,
 11    with the exception that two (2) members of the initial board shall serve  only
 12    two  (2) years with such members being established by lot. No board member may
 13    serve more than two (2) consecutive full terms.
 14        (4)  Any board member may be removed for just cause including a finding of
 15    fact of unprofessional conduct, impaired practice or more than three (3) unex-
 16    cused absences.
 17        (5)  Sixty (60) days prior to the expiration of the regular term of a mem-
 18    ber of the board or upon the occurrence or declaration of  a  vacancy  in  the
 19    membership of the board, a notice of the vacancy shall be sent by the board to
 20    all  licensed  naturopathic  physicians within the state. During the following
 21    thirty (30) days the board shall receive petitions for nominations to fill the
 22    vacancies. Any petition of nomination signed by at least five (5) naturopathic
 23    physicians shall be forwarded by the board  to  the  governor  who  will  then
 24    appoint a person to fill the vacancy within sixty (60) days.
 25        (6)  The  board  shall  annually elect one (1) of its members as president
 26    and one (1) of its members as secretary.
 27        54-4809.  POWERS OF THE BOARD. In addition to any other authority provided
 28    by law, the board may:
 29        (1)  Adopt rules necessary to implement this chapter, pursuant to  chapter
 30    52, title 67, Idaho Code;
 31        (2)  Set  all license, examination, and renewal fees commensurate with the
 32    cost of administration;
 33        (3)  Approve the establishment of forms and procedures necessary to admin-
 34    ister this chapter;
 35        (4)  Prepare and administer or approve the preparation and  administration
 36    of examinations for licensure;
 37        (5)  Issue  and/or renew a license to any applicant who has met the educa-
 38    tion, training and examination requirements for licensure and deny  a  license
 39    to applicants who do not meet the minimum qualifications for licensure;
 40        (6)  Adopt rules specifying the scope of practice of naturopathic medicine
 41    stated in section 54-4804, Idaho Code, that are consistent with the definition
 42    of naturopathic medicine provided in section 54-4802(7);
 43        (7)  Ensure  the  maintenance  of  the  official  department record of all
 44    applicants and licensees;
 45        (8)  Establish by rule the procedures for an appeal of  examination  fail-
 46    ure;
 47        (9)  Establish  a  naturopathic  formulary.  There is hereby established a
 48    naturopathic medical formulary council, which is separate  and  distinct  from
 49    the  board, to be composed of five (5) members. One (1) member shall be a mem-
 50    ber of the board of naturopathic medical examiners, appointed  by  the  board.
 51    Two  (2) members shall be naturopathic physicians licensed under this chapter,
 52    appointed by the board. One (1) member shall be a  pharmacist  licensed  under
 53    chapter 17, Title 54, Idaho Code, appointed by the board of naturopathic exam-
 54    iners  from  a list of nominees provided by the Idaho state board of pharmacy.
  1    One (1) member shall be a physician licensed under chapter 18, Title 54, Idaho
  2    Code, appointed by the board of naturopathic examiners from a list of nominees
  3    provided by the Idaho state board of medicine. The formulary list may  not  go
  4    beyond  the scope of natural medicines covered by approved naturopathic educa-
  5    tion and training and existing  naturopathic  medical  formularies,  or  board
  6    approved  continuing  education. The list will be reviewed annually, or at the
  7    request of the board, by the council. The formulary council  shall  amend  the
  8    formulary list if changes are necessary;
  9        (10) Adopt standards of practice for naturopathic physicians;
 10        (11) Adopt rules implementing a continuing education program in accordance
 11    with section 54-4820, Idaho Code;
 12        (12) Establish special competency certification requirements for licensees
 13    as deemed necessary by the board.
 14        54-4810.  DISPOSITION  OF  BOARD RECEIPTS. All money received by the board
 15    under this chapter shall be paid into the occupational licenses  account,  and
 16    be dispersed in accordance with section 67-2606, Idaho Code.
 17        54-4811.  CIVIL IMMUNITY. The director, members of the board, or individu-
 18    als  acting on their behalf, are immune from suit in any civil action based on
 19    any act performed in the course of their duties, so long as such is  performed
 20    in  good  faith and without malice. Nothing in this chapter shall be construed
 21    to relieve any practitioner from liability which may be incurred in  the  pro-
 22    fessional treatment of any patient.
 24    or council member is entitled to compensation and expenses as provided in sec-
 25    tion 59-509(h), Idaho Code.
 26        54-4813.  QUALIFICATIONS FOR LICENSURE. To be eligible for  a  license  to
 27    practice naturopathic medicine in the state of Idaho, the applicant shall:
 28        (1)  Be  a  graduate of an approved naturopathic medical program in accor-
 29    dance with section 54-4802(1)(a) through (c), Idaho Code,  and  pass  or  have
 30    passed  a  competency-based  examination  approved  by the board, covering the
 31    appropriate naturopathic subjects, including basic and clinical sciences;
 32        (2)  Possess a good ethical and professional reputation;
 33        (3)  Be physically and mentally capable of safely practicing  naturopathic
 34    medicine with or without reasonable accommodation;
 35        (4)  Have  never  had a license to practice naturopathic medicine refused,
 36    revoked or suspended by any other state or country for reasons that relate  to
 37    the  applicant's  ability to skillfully and safely practice naturopathic medi-
 38    cine unless that license has been restored to good standing by that  state  or
 39    country; and
 40        (5)  File a board approved application and pay the licensing fees.
 42    NATUROPATHIC MEDICINE. (1) Practitioners of naturopathic  medicine  practicing
 43    within the state of Idaho at the time of passage of this act shall be licensed
 44    as naturopathic physicians so long as at a minimum they:
 45        (a)  Have  held  themselves  out as a naturopathic physician and have been
 46        engaged in the practice of naturopathic medicine for at  least  three  (3)
 47        years prior to the passage and adoption of this act; and
 48        (b)  Are of legal age; and
 49        (c)  Can  provide  education  and  training as defined in section 54-4813,
 50        Idaho Code, or have their practice limited in scope to that  justified  by
  1        their  education  and training as determined by the board, until such time
  2        as they can demonstrate to the satisfaction of the board appropriate  edu-
  3        cation  and  training  which would justify expansion of their scope within
  4        the limits of the scope of practice of this chapter; and
  5        (d)  Have not had a license as a  health  care  provider  revoked  in  any
  6        jurisdiction  for  matters which pertain to their fitness or competence to
  7        practice naturopathic medicine; and
  8        (e)  Submit application to the board within one hundred eighty (180)  days
  9        from  the  date  on which this chapter takes effect, and pay the licensing
 10        fees.
 11        (2)  Nothing in this section is to be construed to allow any  naturopathic
 12    physician  embraced  by  this  section  to  increase his/her scope of practice
 13    except with appropriate additional education  and  training  approved  by  the
 14    board.
 15        (3)  Failure of persons currently practicing naturopathic medicine in this
 16    state  to  apply  for licensure within the one hundred eighty (180) day period
 17    shall cause such persons to be subject to prosecution under  section  54-4827,
 18    Idaho Code.
 19        54-4815.  EXAMINATION FOR LICENSURE. (1) The date and location of examina-
 20    tions shall be established by the board. Applicants who have not met the exam-
 21    ination requirements for licensure shall be scheduled for the next examination
 22    following the filing of the application. The board shall establish by rule the
 23    examination standards and application deadline.
 24        (2)  The  examination  shall contain subjects appropriate to the standards
 25    of competency and scope of practice.
 26        (3)  The board shall establish by rule the requirements for  a  reexamina-
 27    tion if the applicant has failed the examination.
 29    TION  REQUIREMENTS. (1) An Idaho licensed naturopathic physician may not prac-
 30    tice naturopathic childbirth attendance without first obtaining from the board
 31    a certificate of special competency. The board shall adopt rules setting forth
 32    the requirements to be met in order to certify naturopathic physicians for the
 33    special competency of naturopathic childbirth attendance.
 34        (2)  In order to be certified for the special competency  of  naturopathic
 35    childbirth attendance, a naturopathic physician shall:
 36        (a)  Pass  either  a  national  standardized  supplemental  examination in
 37        naturopathic childbirth attendance provided by the  national  naturopathic
 38        profession   licensing   organization  or  another  specialty  examination
 39        approved by the board;
 40        (b)  Complete a minimum of two hundred (200) hours of course  work  at  an
 41        approved  college or hospital in obstetrics and furnish proof of education
 42        and training including, at a minimum,  that:  applicant  has  assisted  in
 43        fifty  (50)  on-site  supervised  births, including prenatal and postnatal
 44        care, under the direct supervision of a licensed naturopathic, medical  or
 45        osteopathic  physician  with  special competency training in obstetrics or
 46        natural childbirth attendance. The fifty (50) supervised  births  required
 47        under  this  subsection must include twenty-five (25) births that document
 48        the naturopathic physician as the primary birth attendant;
 49        (c)  Submit annually, at the time certificate holders submit their general
 50        continuing education hours, fifteen (15) hours of board approved  continu-
 51        ing education in obstetrics.
 52        (3)  Naturopathic childbirth attendance does not include the use of:
 53        (a)  Forceps delivery;
  1        (b)  General or spinal anesthesia;
  2        (c)  Cesarean section delivery; or
  3        (d)  Abortion.
  5    board shall establish by  rule  the  standards  for  licensure  of  applicants
  6    licensed  in  another  jurisdiction. However, the standards for endorsement of
  7    licensure shall not be less than required for licensure in the state of Idaho.
  8        54-4818.  APPLICATION FOR LICENSURE --  FEE.  Applications  for  licensure
  9    shall  be  submitted on forms provided by the board. The board may require any
 10    information and documentation needed to determine if the applicant  meets  the
 11    criteria for licensure as provided in this chapter. Each applicant shall pay a
 12    fee,  determined by the board, which shall be not less than three hundred dol-
 13    lars ($300). The fee shall be submitted with the application. The fee,  deter-
 14    mined by the board, for the original license shall be not less than three hun-
 15    dred fifty dollars ($350).
 16        54-4819.  LICENSE  RENEWAL  --  FEE. The board shall establish by rule the
 17    requirements for annual renewal of  licenses.  The  board  shall  establish  a
 18    renewal and late renewal penalty fee, which shall be not less than two hundred
 19    dollars  ($200).  Failure to renew shall invalidate the license and all privi-
 20    leges granted by the license. The board shall  determine  by  rule  whether  a
 21    license  shall be canceled for failure to renew and shall establish procedures
 22    and prerequisites for relicensure.
 23        54-4820.  CONTINUING EDUCATION REQUIREMENTS -- EXEMPTIONS. (1)  The  board
 24    shall establish a program for continuing education. Except as provided in sub-
 25    section  (2)  of this section, all naturopathic physicians licensed under this
 26    chapter shall submit to the board, on the appropriate annual  license  renewal
 27    application, a report summarizing their obtained continuing education credits.
 28    A  licensed  naturopathic  physician must earn at least twenty (20) continuing
 29    education credits within the twelve (12) months prior to the renewal date each
 30    year. At least five (5)  of  the  continuing  education  credits  must  be  in
 31    naturopathic  pharmacology  for naturopathic physicians qualified to prescribe
 32    according to the  naturopathic  formulary.  Licensed  naturopathic  physicians
 33    holding  and  maintaining  a  special  competency certification for childbirth
 34    attendance must comply with section 54-4816(2)(c), Idaho Code, in addition  to
 35    the minimum requirement of twenty (20) annual continuing education credits.
 36        (2)  The  board may exempt any person holding a license under this chapter
 37    from the requirements of subsection (1) of this section upon application show-
 38    ing evidence satisfactory to  the  board  of  inability  to  comply  with  the
 39    requirements because of unusual or extenuating circumstances. However, no per-
 40    son  shall be exempted from the requirements of subsection (1) of this section
 41    more than once in any five (5) year period; however, exemptions may be granted
 42    upon review by the board to persons licensed under  this  chapter  who  become
 43    engaged in prolonged religious, military or humanitarian service.
 44        54-4821.  APPROVAL  OF  CONTINUING  EDUCATION  PROGRAMS. (1) The board may
 45    offer a program of continuing education in naturopathic medicine to  meet  the
 46    requirements of section 54-4820, Idaho Code. The board may also approve a pro-
 47    gram to be presented by persons qualified to do so.
 48        (2)  Any  person  seeking approval of a program of continuing education in
 49    naturopathic medicine to comply with the requirements  of  subsection  (1)  of
 50    this  section,  shall  submit  to  the  board,  at  such time as the board may
  1    require, copies of courses of study to be offered  and  proof  of  such  other
  2    qualifications  as  the  board may require. Approval granted to any program of
  3    continuing education shall be reviewed periodically and approval may be  with-
  4    drawn from any program that fails to meet the requirements of the board.
  5        (3)  Any  program of continuing education in naturopathic medicine offered
  6    or approved under this section shall consist of study  covering  new,  review,
  7    experimental,  research  and  specialty  subjects in the field of naturopathic
  8    medicine.
  9        54-4822.  REPORT OF SUSPECTED VIOLATION. (1) Any board licensee shall, and
 10    any other person may, report to the board any suspected violation of the  pro-
 11    visions of this chapter.
 12        (2)  Information  pertaining  to  the report required by subsection (1) of
 13    this section shall remain confidential and not be subject to public disclosure
 14    under the provisions of chapter 3, title 9, Idaho Code.
 15        (3)  Any person who reports or provides information  to  the  board  under
 16    this section in good faith shall not be subject to an action for civil damages
 17    as a result thereof.
 18        54-4823.  INVESTIGATION,  HEARINGS  -- SUBPOENA POWER. (1) The board shall
 19    investigate, or cause to be investigated, all complaints made to  it  and  all
 20    cases of noncompliance with this chapter.
 21        (2)  The  board  may  conduct  hearings  to assist with investigations, to
 22    determine whether grounds exist for suspension,  revocation  or  denial  of  a
 23    license  or  to  fulfill  its responsibilities under this chapter as the board
 24    otherwise determines necessary.
 25        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 26    disciplinary  proceedings  and compel, by subpoena duces tecum, the production
 27    of papers and records.
 28        54-4824.  SUSPENSION AND REVOCATION. (1) The board may suspend, revoke  or
 29    refuse to issue or renew a license on any of the following grounds:
 30        (a)  The  practice  of  fraud  or deceit in obtaining a license under this
 31        chapter or in connection with services rendered as a  naturopathic  physi-
 32        cian;
 33        (b)  A legal finding of mental incompetence;
 34        (c)  Aiding or abetting a person, not duly licensed under this chapter, in
 35        claiming to be a naturopathic physician;
 36        (d)  Any  gross  negligence, incompetence or misconduct in the performance
 37        of naturopathic medicine;
 38        (e)  Conviction of any felonious crime or crime of moral turpitude;
 39        (f)  Habitual use of, or addiction to, ardent spirits and/or mind-altering
 40        drugs;
 41        (g)  Failure of the individual practitioner to  maintain  his/her  profes-
 42        sional premises in a clean and sanitary condition;
 43        (h)  Any   other  good  cause,  relevant  to  qualifications  to  practice
 44        naturopathic medicine.
 45        (2)  The board may not refuse to grant a license or may not base a finding
 46    of professional incompetency solely on the basis that a licensee's practice is
 47    unconventional or experimental in  the  absence  of  demonstrable  harm  to  a
 48    patient  and  the  attending  licensee and patient have signed a waiver to the
 49    effect that the treatment or device is considered unconventional or experimen-
 50    tal.
 51        (3)  In any proceeding in which an individual licensed under this  chapter
 52    may have his/her license denied, not renewed, suspended or revoked for reasons
  1    related  to the scope of practice, the members of any committee or panel which
  2    will rule on such action shall be licensed  naturopathic  physicians  who  are
  3    knowledgeable  in,  ascribe  to,  and  practice  that  portion of the scope of
  4    naturopathic medical practice which is under consideration.
  5        54-4825.  LICENSE DENIAL OR REVOCATION PROCEDURE. Where the board proposes
  6    to refuse to issue or renew a license, or proposes  to  revoke  or  suspend  a
  7    license,  opportunity  for  a  hearing shall be according to the provisions of
  8    chapter 52, title 67, Idaho Code.
  9        54-4826.  UNAUTHORIZED EMPLOYMENT. A person in the course of business  may
 10    not  employ  a  naturopathic physician who does not have a license unless that
 11    person is a student or an intern within the meaning of this chapter.
 12        54-4827.  PENALTIES. Violation of any provision of this chapter is punish-
 13    able, upon conviction, by a fine of not less than one hundred  dollars  ($100)
 14    nor  more  than  two thousand five hundred dollars ($2,500) or imprisonment in
 15    the county jail for not less than thirty (30)  days  nor  more  than  six  (6)
 16    months, or both.
 17        54-4828.  INJUNCTIVE RELIEF. The board may bring an action in the district
 18    court  for a temporary restraining order,  preliminary injunction or permanent
 19    injunction against any person who violates the provisions of this chapter.
 20        54-4829.  SEVERABILITY. If any provision of this act or its application to
 21    any person or circumstance is held invalid, the remainder of the  act  or  the
 22    application  of  the  provision  to  other  persons  or  circumstances  is not
 23    affected.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE
                          RS 09902

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 IMPACT

No fiscal impact.

Name: Senator Robbi King
Phone: 332-1347

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1430