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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
education.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Health/Wel
S1430
|||| 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
2 RELATING TO NATUROPATHIC MEDICINE; AMENDING TITLE 54, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW CHAPTER 48, 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 FOR CHILDBIRTH
12 ATTENDANCE SPECIAL COMPETENCY CERTIFICATION, TO PROVIDE LICENSE STANDARDS
13 FOR APPLICANTS FROM OTHER JURISDICTIONS, TO PROVIDE FOR APPLICATION FOR
14 LICENSURE AND FEES, TO PROVIDE FOR LICENSE RENEWAL AND FEES, TO PROVIDE
15 CONTINUING EDUCATION REQUIREMENTS AND EXEMPTIONS, TO GOVERN APPROVAL OF
16 CONTINUING EDUCATION PROGRAMS, TO REQUIRE REPORTS OF SUSPECTED VIOLATIONS,
17 TO AUTHORIZE INVESTIGATIONS, HEARINGS AND SUBPOENA POWERS, TO PROVIDE FOR
18 SUSPENSION AND REVOCATION, TO PROVIDE FOR LICENSE DENIAL OR REVOCATION
19 PROCEDURE, TO PROHIBIT UNAUTHORIZED EMPLOYMENT, TO PROVIDE PENALTIES, TO
20 PROVIDE FOR INJUNCTIVE RELIEF AND TO PROVIDE SEVERABILITY.
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
2
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
3
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;
4
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.
5
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.
6
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.
23 54-4812. COMPENSATION AND EXPENSES OF BOARD AND COUNCIL MEMBERS. A board
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.
41 54-4814. APPLICATION FOR LICENSURE OF CURRENT PRACTITIONERS OF
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
7
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.
28 54-4816. NATUROPATHIC CHILDBIRTH ATTENDANCE SPECIAL COMPETENCY CERTIFICA-
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;
8
1 (b) General or spinal anesthesia;
2 (c) Cesarean section delivery; or
3 (d) Abortion.
4 54-4817. LICENSE STANDARDS FOR APPLICANTS FROM OTHER JURISDICTIONS. The
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
9
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
10
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
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.
Contact
Name: Senator Robbi King
Phone: 332-1347
STATEMENT OF PURPOSE/FISCAL NOTE S 1430