2001 Legislation
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HOUSE BILL NO. 258 – Naturopathic Medicine Act


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H0258.................................................by HEALTH AND WELFARE
NATUROPATHIC MEDICINE - Adds to existing law to provide a comprehensive
regulation of the practice of naturopathic medicine, including creation of
a board to examine and license naturopaths; to provide for testing and
continuing education; and to provide for enforcement.
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 258
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
 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 designated as  Chap-
 23    ter 48, Title 54, Idaho Code, and to read as follows:
 24                                      CHAPTER 48
 26        54-4801.  LEGISLATIVE INTENT -- PURPOSE. (1)  The legislature finds that a
 27    significant  number  of  residents of the state of Idaho choose natural health
 28    care and declares that naturopathic medicine is a distinct health care profes-
 29    sion that affects the public health, safety  and  welfare,  and  provides  for
 30    freedom of choice in health care.
 31        (2)  The purposes of this chapter are:
 32        (a)  To provide standards for the licensure and regulation of naturopathic
 33        physicians to practice naturopathic medicine in the state of Idaho.
 34        (b)  To  ensure  that  naturopathic  medicine is practiced in the state of
 35        Idaho by qualified naturopathic physicians.
 36        54-4802.  DEFINITIONS. For the purposes  of  this  chapter  the  following
 37    terms have the following meanings:
 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 post graduate 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 fulfill a minimum of four thousand (4000) credit hours
  8        in basic and  clinical  sciences,  naturopathic  philosophy,  naturopathic
  9        modalities,  and naturopathic medicine of which not less than two thousand
 10        (2000) hours shall be academic instruction and two thousand  (2000)  hours
 11        shall  be  school  or  college approved supervised clinical training.  The
 12        program shall provide adequate instruction to maintain naturopathic  medi-
 13        cine as a separate and distinct healing art.
 14        (2)  "Board"  means the board of naturopathic medical examiners created in
 15    this chapter.
 16        (3)  "Formulary council" means the membership of individuals appointed  to
 17    determine and authorize the formulary list.
 18        (4)  "Local anesthetics"  means the application of anesthetic which may be
 19    injected into the superficial tissues only to the extent necessary to care for
 20    lacerations,  abrasions  and the removal of foreign bodies located in superfi-
 21    cial structures.
 22        (5) (a)  "Minor office procedures" means:
 23             (i)   The use of operative, electrical or other  methods  for  repair
 24             and  care  of  superficial lacerations, abrasions and benign lesions.
 25             "Superficial" refers to epidermis, dermis and hypodermis;
 26             (ii)  Removal of foreign bodies located in superficial tissues; and
 27             (iii) The use of antiseptics and local anesthetics in connection with
 28             minor office surgical procedures.
 29        The board shall limit the use of minor office procedures to those who have
 30    graduated from an approved naturopathic  medical  college  or  have  proof  of
 31    training equivalent to or greater than that required for an "Emergency Medical
 32    Technician-Basic" in section 39-140(4)(b), Idaho Code.
 33        (b)  "Minor office procedures" does not include:
 34             (i)   General or spinal anesthesia;
 35             (ii)  Office  procedures more complicated or extensive than those set
 36             forth in subsection (a) of this section;
 37             (iii) Surgical procedures involving the eye or ear; or
 38             (iv)  Any surgical procedure involving  tendons,  nerves,  veins,  or
 39             arteries extending beyond superficial tissue.
 40        (6)  "Naturopathic  formulary"  means  the  list  of natural medicines and
 41    devices which naturopathic physicians use in the  practice  of  their  profes-
 42    sions,  as  determined  by the formulary council and enforced  by the board of
 43    naturopathic examiners.
 44        (7)  "Naturopathic medicine"  means  a  comprehensive  system  of  primary
 45    health care practiced by naturopathic physicians for the prevention, diagnosis
 46    and treatment of human health conditions, injuries and diseases that uses edu-
 47    cation,   natural  medicines  and  therapies  to  support  and  stimulate  the
 48    individual's intrinsic self-healing processes.
 49        (8)  "Naturopathic physician" means a person authorized  and  licensed  to
 50    practice naturopathic medicine under this chapter.
 51        54-4803.  LICENSE  REQUIRED.  (1)   No  person  shall practice, attempt to
 52    practice or claim to practice naturopathic  medicine  in  this  state  without
 53    first complying with the provisions of this chapter.
 54        (2)  Only  persons  licensed  under this chapter may use any or all of the
  1    following terms: "Naturopathic Physician," "Doctor  of  Naturopathy,"  or  its
  2    abbreviation,  "N.D.,"  "Naturopathic  Medical  Doctor,"  or  its abbreviation
  3    "N.M.D.," and "Naturopathic Medicine."
  4        (3)  The titles and terms in  subsection  (2)  of  this  section  identify
  5    naturopathic  physicians  and  are  restricted  to  describing and identifying
  6    licensed practitioners and their practice. Any person who uses these titles or
  7    terms to represent himself  or  his  practice  to  the  public  without  being
  8    licensed  pursuant  to  the  provisions of this chapter may be enjoined by the
  9    district court on petition by the board.
 10        54-4804.  SCOPE OF PRACTICE. (1) Diagnostic  procedures.   A  naturopathic
 11    physician may use physical and laboratory examinations for diagnostic purposes
 12    including  phlebotomy,  clinical  laboratory  tests, speculum examinations and
 13    physiological function tests.  A naturopathic physician may order and  perform
 14    noninvasive  diagnostic  and imaging tests consistent with naturopathic train-
 15    ing, including ultrasound, x-ray, and electrocardiogram.
 16        (2)  Natural medicines. Naturopathic physicians  are  authorized  to  dis-
 17    pense, administer and prescribe  medicines derived from or substantially simi-
 18    lar in molecular structure or function to natural sources for preventative and
 19    therapeutic  purposes,  including:  food,  extracts  of foods, nutraceuticals,
 20    vitamins, minerals, enzymes, botanicals and their  extracts,  and  homeopathic
 21    medicines  prepared  according  to  the Homeopathic Pharmacopeia of the United
 22    States, and all dietary supplements and nonprescription drugs  as  defined  by
 23    the  federal  food,  drug and cosmetic act. Naturopathic physicians are autho-
 24    rized to dispense, administer and prescribe natural medicines and devices lim-
 25    ited to those listed in the naturopathic formulary.  Such authorization  shall
 26    be  granted by the naturopathic board of examiners on an individual basis upon
 27    application and proof of competency.
 28        (3)  Naturopathic formulary. The naturopathic formulary  shall  be  estab-
 29    lished by Board rule as provided in 54-4809(7), Idaho Code, and reviewed peri-
 30    odically by the board.  The naturopathic formulary shall include medicines and
 31    devices   that   are   consistent  with  the  training  provided  by  approved
 32    naturopathic medical colleges including, but not limited  to,  nutraceuticals,
 33    homeopathic   medicines,  botanical  medicines,  natural  source  antibiotics,
 34    antifungals, topical medicines, natural source hormones, and  barrier  contra-
 35    ceptive devices.
 36        (4)  Therapies.  A  naturopathic  physician  may administer, prescribe and
 37    dispense, for preventative and therapeutic  purposes:  life-style  counseling,
 38    biofeedback,  dietary  therapy,  nutritional  counseling, natural medicine and
 39    devices from the naturopathic formulary, naturopathic  physical  medicine  and
 40    minor office procedures. Naturopathic physical medicine is the therapeutic use
 41    of  physical  agents  such  as  air,  water,  heat,  cold,  sound,  light  and
 42    electromagnetic   nonionizing   radiation   and  the  physical  modalities  of
 43    electrotherapy,  diathermy,  ultraviolet  light,   ultrasound,   hydrotherapy,
 44    noninvasive  meridian  therapy, and therapeutic exercise and treatment of body
 45    structures or tissues in accordance with naturopathic principles for the  pur-
 46    pose  of  restoring normal physiological function by normalizing and balancing
 47    the musculoskeletal system of the body.  Minor office procedures  are  methods
 48    for  the  repair and care incidental to superficial lacerations and abrasions,
 49    superficial lesions and the removal of foreign bodies located in the  superfi-
 50    cial  tissues.   Naturopathic physicians are authorized to administer antisep-
 51    tics and local anesthetics listed in the naturopathic formulary in relation to
 52    minor office procedures.
 53        54-4805.  PUBLIC HEALTH AUTHORITY AND RESPONSIBILITY. A naturopathic  phy-
  1    sician  is  a licensed doctor and has the same authority and responsibility as
  2    other licensed doctors regarding public health laws,  reportable  disease  and
  3    conditions,  communicable disease control and prevention, recording vital sta-
  4    tistics, and performing health and physical examinations.
  5        54-4806.  PROHIBITIONS. (1) A naturopathic physician may not:
  6        (a)  Prescribe, dispense or administer any controlled substance or  device
  7        identified in the federal controlled substance act, 21 U.S.C. sections 801
  8        through 971 (1988), except as authorized by this chapter;
  9        (b)  Perform  surgical  procedures  except  those  minor office procedures
 10        authorized by this chapter;
 11        (c)  Practice or claim to practice as a medical  doctor,  osteopath,  den-
 12        tist, podiatrist, optometrist, chiropractor, or any other system or method
 13        of  treatment  not authorized in this chapter unless licensed by the state
 14        of Idaho to do so;
 15        (d)  Use general or spinal anesthetics.
 16        (e)  Administer ionizing radioactive substances for therapeutic purposes;
 17        (f)  Perform surgical procedures using a laser device.
 18        (2)  Nothing in this chapter shall be construed to authorize any  licensee
 19    under this chapter to perform an abortion.
 20        (3)  Nothing in this chapter shall negate previous court decisions or cur-
 21    rent Idaho Code.
 22        54-4807.  EXEMPTIONS.   This  chapter  is  not  intended  to  prohibit  or
 23    restrict:
 24        (1)  The practice of a profession by individuals who are licensed,  certi-
 25    fied  or registered under other laws of this state and are performing services
 26    within the authorized scope of practice;
 27        (2)  The practice of naturopathic medicine by an  individual  employed  by
 28    the  federal  government while the individual is engaged in the performance of
 29    duties prescribed by the laws and regulations of the United States;
 30        (3)  An individual rendering aid to a family member or  in  an  emergency,
 31    when  no  fee  or  other  consideration  for the service is charged, received,
 32    expected or contemplated;
 33        (4)  A person engaged in the sale of vitamins, health foods, dietary  sup-
 34    plements,  herbs, or other products of nature, the sale of which is not other-
 35    wise prohibited under state or federal law, but this subsection does not:
 36        (a)  Allow a person to diagnose any human disease, ailment, injury, infir-
 37        mity, deformity, pain or other condition; or
 38        (b)  Prohibit providing truthful and nonmisleading  information  regarding
 39        any of the products under this subsection;
 40        (5)  A  person  engaged in good faith for religious reasons as a matter of
 41    conscience or based on a personal belief;
 42        (6)  A person who administers treatment or provides advice  regarding  the
 43    human body and its functions that:
 44        (a)  Does not use legend or prescription drugs in such practice;
 45        (b)  Uses natural elements such as air, heat, water and light;
 46        (c)  Only  uses  class  I  or  class II nonprescription, approved, medical
 47        devices as defined in section 513 of the federal food, drug, and  cosmetic
 48        act;
 49        (d)  Only uses vitamins, minerals, herbs, homeopathics, natural food prod-
 50        ucts and their extracts, and nutritional supplements; and who
 51        (e)  Does not perform surgery;
 52        (7)  The  practice  by  a  naturopathic physician duly licensed in another
 53    state, territory or the District of Columbia when that naturopathic  physician
  1    is  incidentally  called into this state for consultation with a licensed doc-
  2    tor; or
  3        (8)  The practice of naturopathic medicine  by  students  enrolled  in  an
  4    approved naturopathic medical program. Services shall be performed pursuant to
  5    a course of instruction or assignments from an instructor and under the super-
  6    vision and observation of the instructor.
  7        54-4808.  BOARD  OF  NATUROPATHIC  MEDICAL EXAMINERS. (1)  There is hereby
  8    established in the department of self-governing  agencies  a  state  board  of
  9    naturopathic medical examiners to be composed of five (5) members appointed by
 10    the  governor.  The  members shall be appointed by the governor from a list of
 11    candidates, submitted by the  various  naturopathic  associations  within  the
 12    state, no later than sixty (60) days after the effective date of this chapter.
 13        (2)  Four  (4)  such  members  shall  be practitioners licensed under this
 14    chapter and one (1) shall be an unaffiliated layperson who shall have  been  a
 15    resident of the state of Idaho for a minimum of three (3) years.
 16        (3)  The  term  of  service  for each board member will be four (4) years,
 17    with the exception that two (2) members of the initial board shall serve  only
 18    two  (2) years with such members being established by lot. No board member may
 19    serve more than two (2) consecutive full terms.
 20        (4)  Any board member may be removed for just cause including a finding of
 21    fact of unprofessional conduct, impaired practice or more than three (3) unex-
 22    cused absences.
 23        (5)  Sixty (60) days prior to the expiration of the regular term of a mem-
 24    ber of the board or upon the occurrence or declaration of  a  vacancy  in  the
 25    membership  of  the board, a notice of such vacancy shall be sent by the board
 26    to all licensed naturopathic physicians within the state.  During the  follow-
 27    ing thirty (30) days the board shall receive petitions for nominations to fill
 28    said  vacancies.   Any  petition  of  nomination  signed  by at least five (5)
 29    naturopathic physicians shall be forwarded by the board to  the  governor  who
 30    will then appoint a person to fill the vacancy within sixty (60) days.
 31        (6)  The  board  shall  annually elect one (1) of its members as president
 32    and one (1) of its members as secretary.
 33        54-4809.  POWERS OF THE BOARD. (1) In addition to any other authority pro-
 34    vided by law, the board may:
 35        (a) Adopt rules necessary to implement this chapter as provided in chapter
 36        52, title 67, Idaho Code;
 37        (b) Set all license, examination and renewal fees  commensurate  with  the
 38        cost of administration;
 39        (c)  Approve the establishment of forms and procedures necessary to admin-
 40        ister this chapter;
 41        (d) Prepare and administer or approve the preparation  and  administration
 42        of examinations for licensure;
 43        (e)  Issue  and/or renew a license to any applicant who has met the educa-
 44        tion, training and examination  requirements  for  licensure  and  deny  a
 45        license  to  applicants  who  do  not  meet the minimum qualifications for
 46        licensure;
 47        (f)  Adopt rules specifying the scope of practice of naturopathic medicine
 48        stated in section 54-4804, Idaho Code, that are consistent with the  defi-
 49        nition  of  naturopathic  medicine  provided  in section 54-4802(7), Idaho
 50        Code;
 51        (g)  Ensure the maintenance of  the  official  department  record  of  all
 52        applicants and licensees;
 53        (h)  Establish  by  rule the procedures for an appeal of examination fail-
  1        ure.
  2        (2)  Establish a naturopathic formulary:
  3        (a)  There is hereby established a naturopathic formulary  council,  which
  4        is  separate  and distinct from the board, to be composed of five (5) mem-
  5        bers. One (1) such member shall be a member of the board  of  naturopathic
  6        medical  examiners,  appointed  by  the  board.  One (1) member shall be a
  7        naturopathic physician licensed  under  this  chapter,  appointed  by  the
  8        board.  One  (1)  member  shall  be  a  pharmacist  licensed under section
  9        54-1718, Idaho Code, appointed by the board of naturopathic examiners from
 10        a list of nominees provided by the Idaho state board of pharmacy. One  (1)
 11        member  shall  be  a  physician licensed under chapter 18, title 54, Idaho
 12        Code, appointed by the board of naturopathic examiners from a list of nom-
 13        inees provided by the Idaho state board of medicine. One (1) member  shall
 14        be appointed by the council who holds an advanced degree in either pharma-
 15        cology or pharmacognosy.
 16        (b)  The  formulary  list may not go beyond the scope of natural medicines
 17        and devices covered by approved naturopathic education  and  training  and
 18        existing naturopathic formularies, or board approved continuing education.
 19        The list will be reviewed annually, or at the request of the board, by the
 20        council.   The  board may not approve the addition of any substance to the
 21        formulary list unless the inclusion of that substance has been approved by
 22        the board of  pharmacy  in  accordance  with  the  provisions  of  section
 23        54-1719, Idaho  Code.
 24        (3)  Adopt standards of practice for naturopathic physicians.
 25        (4)  Adopt rules implementing a continuing education program in accordance
 26    with section 54-4819, Idaho Code.
 27        (5)  Grant  approval  for naturopathic childbirth attendance to those per-
 28    sons who apply for same and who can prove training and experience equal to  or
 29    greater  than  that required by rules of the board of nursing pursuant to sec-
 30    tion 54-1417, Idaho Code, and shall provide such rules as are necessary to the
 31    implementation of same.
 32        (6)  Establish special competency certification requirements for licensees
 33    as deemed necessary by the board.
 34        (7)  Adopt rules that appropriately restrict licenses to limited scope  of
 35    practice  of  naturopathic medicine, which may exclude the use of minor office
 36    procedures and any prescription substances listed in the  naturopathic  formu-
 37    lary.
 38        54-4810.  DEPOSIT  OF BOARD RECEIPTS. There is hereby created the board of
 39    naturopathic medicine fund in the state treasury where all funds received pur-
 40    suant to the provisions of this chapter shall  be  deposited.  All  costs  and
 41    expenses incurred by the board under the provisions of this chapter shall be a
 42    charge  against  and paid from said fund for such purposes, and the funds col-
 43    lected hereunder shall be immediately available for the administration of this
 44    chapter.  In no instance shall the state board of naturopathic  medicine  fund
 45    be  obligated  to  pay  any  claims  which,  in  aggregate with claims already
 46    allowed, exceed the income to the state board of  naturopathic  medicine  fund
 47    which  has been derived from the application of this chapter.  Money paid into
 48    the state board of naturopathic medicine fund  pursuant  to  this  chapter  is
 49    hereby  continuously  appropriated  to the board for expenditure in the manner
 50    prescribed herein to defray the expenses of the  board  in  carrying  out  and
 51    enforcing the provisions of this chapter.
 52        54-4811.  CIVIL IMMUNITY. The director, members of the board, or individu-
 53    als  acting on their behalf, are immune from suit in any civil action based on
  1    any act performed in the course of their duties, so long as such is  performed
  2    in  good faith and without malice.  Nothing in this chapter shall be construed
  3    to relieve any practitioner from liability which may be incurred in  the  pro-
  4    fessional treatment of any patient.
  5        54-4812.  COMPENSATION AND EXPENSES. A board or council member is entitled
  6    to compensation and expenses as provided in section 59-509(h), Idaho Code.
  7        54-4813.  QUALIFICATIONS  FOR  LICENSURE.  To be eligible for a license to
  8    practice naturopathic medicine in the state of Idaho, the applicant shall:
  9        (1)  Be a graduate of an approved naturopathic medical program  in  accor-
 10    dance  with  section  54-4802(1),  Idaho  Code,  and  pass  or  have  passed a
 11    competency-based examination approved by the board, covering  the  appropriate
 12    naturopathic subjects, including basic and clinical sciences;
 13        (2)  Possess a good ethical and professional reputation;
 14        (3)  Be  physically and mentally capable of safely practicing naturopathic
 15    medicine with or without reasonable accommodation;
 16        (4)  Have never had a license to practice naturopathic  medicine  refused,
 17    revoked  or suspended by any other state or country for reasons that relate to
 18    the applicant's ability to skillfully and safely practice  naturopathic  medi-
 19    cine  unless  that license has been restored to good standing by that state or
 20    country; and
 21        (5)  File a board approved application and pay the licensing fees.
 23    NATUROPATHIC  MEDICINE.  (1) Practitioners of naturopathic medicine practicing
 24    within the state of Idaho at the time of passage  of  this  chapter  shall  be
 25    licensed as naturopathic physicians so long as, at a minimum, they:
 26        (a)  Have held themselves out as a naturopathic physician and been engaged
 27        in  the  practice  of  naturopathic  medicine for at least three (3) years
 28        prior to the passage and adoption of this chapter; and
 29        (b)  Are of legal majority; and
 30        (c)  Have not had a license as a  health  care  provider  revoked  in  any
 31        jurisdiction  for  matters which pertain to their fitness or competence to
 32        practice naturopathic medicine; and
 33        (d)  Can prove education and training as defined in section 54-4813, Idaho
 34        Code.
 35        (2)  Any practitioner who cannot prove education and training  as  defined
 36    in  section  54-4813, Idaho Code, may be eligible for a license granted by the
 37    board whose scope of practice will be limited to that determined by the  board
 38    to be justified and in accordance with his education and training.
 39        (3)   Nothing in this section is to be construed to allow any naturopathic
 40    physician embraced by this section to increase his scope of  practice  without
 41    appropriate additional education, training and testing approved by the board.
 42        (4)  Applications must be submitted to the board within one hundred eighty
 43    (180)  days  from  the date on which this chapter takes effect with payment of
 44    the licensing fees. Failure of persons currently practicing naturopathic medi-
 45    cine in this state to apply for licensure within the one hundred eighty  (180)
 46    day period shall cause such persons to be subject to prosecution under section
 47    54-4827, Idaho Code.
 48        54-4815.  EXAMINATION  FOR  LICENSURE.  (1)   The  date  and  location  of
 49    examination(s)  shall be established by the board. Applicants who have not met
 50    the examination requirements for licensure shall be  scheduled  for  the  next
 51    examination following the filing of the application. The board shall establish
  1    by rule the examination standards and application deadline.
  2        (2)  The  examination  shall contain subjects appropriate to the standards
  3    of competency and scope of practice.
  4        (3)  The board shall establish by rule the requirements for  a  reexamina-
  5    tion if the applicant has failed the examination.
  6        54-4816.  LICENSURE STANDARDS FOR OUT-OF-STATE APPLICANTS. The board shall
  7    establish  by  rule  the  standards  for  licensure  of applicants licensed in
  8    another jurisdiction. However, the  standards  for  endorsement  of  licensure
  9    shall not be less than required for licensure in the state of Idaho.
 10        54-4817.  APPLICATION  FOR  LICENSURE. Applications for licensure shall be
 11    submitted on forms provided by the board. The board may require  any  informa-
 12    tion and documentation needed to determine if the applicant meets the criteria
 13    for  licensure  as  provided  in  this chapter. Each applicant shall pay a fee
 14    determined by the board, which shall be no less  than  three  hundred  dollars
 15    ($300).  The  fee shall be submitted with the application. The fee, ultimately
 16    determined by the board, for the original license shall be no less than  three
 17    hundred fifty dollars ($350).
 18        54-4818.  LICENSE  RENEWAL. The board shall establish by rule the require-
 19    ments for annual renewal of licenses.  The board shall establish a renewal and
 20    late renewal penalty fee, which shall not be less  than  two  hundred  dollars
 21    ($200).  Failure  to  renew  shall  invalidate  the license and all privileges
 22    granted by the license. The board shall determine by rule  whether  a  license
 23    shall be canceled for failure to renew and shall establish procedures and pre-
 24    requisites for relicensure.
 26    shall establish a program for continuing education. Except as provided in sub-
 27    section (2) of this section, all naturopathic physicians licensed  under  this
 28    chapter  must  submit  to the board, on the appropriate annual license renewal
 29    application, a report summarizing their obtained continuing education credits.
 30    A licensed naturopathic physician must earn at least  twenty  (20)  continuing
 31    education credits within the twelve (12) months prior to the renewal date each
 32    year.  At  least  five  (5)  of  the  continuing  education credits must be in
 33    naturopathic pharmacology for naturopathic physicians qualified  to  prescribe
 34    according  to  the  naturopathic  formulary.  Licensed naturopathic physicians
 35    holding and maintaining a  special  competency  certification  for  childbirth
 36    attendance  must  comply  with section 54-4809, Idaho Code, in addition to the
 37    minimum requirement of twenty (20) annual continuing education credits.
 38        (2)  The board may exempt any person holding a license under this  chapter
 39    from the requirements of subsection (1) of this section upon application show-
 40    ing  evidence  satisfactory  to  the  board  of  inability  to comply with the
 41    requirements because of other unusual or extenuating  circumstances.  However,
 42    no  person  shall  be exempted from the requirements of subsection (1) of this
 43    section more than once in any five (5) year period; however, exemptions may be
 44    granted upon review by the board to persons licensed under  this  chapter  who
 45    become engaged in prolonged religious, military or humanitarian service.
 46        54-4820.  APPROVAL  OF  CONTINUING EDUCATION PROGRAMS. (1) The board shall
 47    offer a program of continuing education in naturopathic medicine to  meet  the
 48    requirements  of  section 54-4819, Idaho Code.  The board shall also approve a
 49    program to be presented by persons qualified to do so.
 50        (2)  Any person seeking approval of a program of continuing  education  in
  1    naturopathic  medicine  to  comply  with the requirements of subsection (1) of
  2    this section, shall submit to the  board,  at  such  time  as  the  board  may
  3    require,  copies  of  courses  of  study to be offered and proof of such other
  4    qualifications as the board may require. Approval granted to  any  program  of
  5    continuing  education shall be reviewed periodically and approval may be with-
  6    drawn from any program that fails to meet the requirements of the board.
  7        (3)  Any program of continuing education in naturopathic medicine  offered
  8    or  approved  under  this section shall consist of study covering new, review,
  9    experimental, research and specialty subjects in  the  field  of  naturopathic
 10    medicine.
 11        54-4821.  REPORT  OF  SUSPECTED  VIOLATIONS. (1) Any board licensee shall,
 12    and any other person may, report to the board any suspected violation  of  the
 13    provisions of this chapter.
 14        (2)  Information  pertaining  to  the report required by subsection (1) of
 15    this section shall remain confidential and not be subject to public disclosure
 16    under the public disclosure laws of the state.
 17        (3)  Any person who reports or provides information  to  the  board  under
 18    this section in good faith shall not be subject to an action for civil damages
 19    as a result thereof.
 20        54-4822.  INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall inves-
 21    tigate,  or  cause to be investigated, all complaints made to it and all cases
 22    of noncompliance with this chapter.
 23        (2)  The board may conduct hearings  to  assist  with  investigations,  to
 24    determine  whether  grounds  exist  for  suspension, revocation or denial of a
 25    license or to fulfill its responsibilities under this  chapter  as  the  board
 26    otherwise determines necessary.
 27        (3)  The  board may subpoena witnesses, administer oaths in any hearing or
 28    disciplinary proceedings and compel, by subpoena duces tecum,  the  production
 29    of papers and records.
 30        54-4823.  SUSPENSION  AND REVOCATION. (1) The board may suspend, revoke or
 31    refuse to issue or renew a license on any of the following grounds:
 32        (a)  The practice of fraud or deceit in obtaining  a  license  under  this
 33        chapter  or  in connection with services rendered as a naturopathic physi-
 34        cian;
 35        (b)  A legal finding of mental incompetence;
 36        (c)  Aiding or abetting a person, not duly licensed under this chapter, in
 37        claiming to be a naturopathic physician;
 38        (d)  Any negligence, incompetence or  misconduct  in  the  performance  of
 39        naturopathic medicine;
 40        (e)  Conviction of any felonious crime, which constitutes a crime of moral
 41        turpitude.
 42        (f)    Habitual  use  of,  or  addiction  to,  ardent spirits and/or mind-
 43        altering drugs.
 44        (g)  Failure of the individual practitioner to  maintain  his/her  profes-
 45        sional premises in a clean and sanitary condition.
 46        (h)  Any  person  licensed  in accordance with this chapter whose scope of
 47        practice has been limited by the board pursuant to section 54-4814,  Idaho
 48        Code, and who performs any act not authorized in his/her limited scope  of
 49        practice which constitutes the practice of naturopathic medicine.
 50        (i)  Any   other  good  cause,  relevant  to  qualifications  to  practice
 51        naturopathic medicine.
 52        (2)  The board may not refuse to grant a license or may not base a finding
  1    of professional incompetency solely on the basis that a licensee's practice is
  2    unconventional or experimental in  the  absence  of  demonstrable  harm  to  a
  3    patient  and  the  attending  licensee and patient have signed a waiver to the
  4    effect that the treatment or device is considered unconventional or experimen-
  5    tal.
  6        (3)  In any proceeding in which an individual licensed under this  chapter
  7    may have his/her license denied, not renewed, suspended or revoked for reasons
  8    related  to the scope of practice, the members of any committee or panel which
  9    will rule on such action shall be licensed  naturopathic  physicians  who  are
 10    knowledgeable  in,  ascribe  to,  and  practice  that  portion of the scope of
 11    naturopathic medical practice which is under consideration.
 12        54-4824.  LICENSE DENIAL OR REVOCATION. Where the board proposes to refuse
 13    to issue or renew a license, or proposes  to  revoke  or  suspend  a  license,
 14    opportunity  for a hearing shall be according to the provisions of chapter 52,
 15    title 67, Idaho Code.
 16        54-4825.  UNAUTHORIZED EMPLOYMENT. A person in the course of business  may
 17    not  employ  a  naturopathic physician who does not have a license unless that
 18    person is a student or an intern within the meaning of this chapter.
 19        54-4826.  PENALTIES. Violation of any provision of this chapter is punish-
 20    able, upon conviction, by a fine of not less than one hundred  dollars  ($100)
 21    nor  more  than  one thousand five hundred dollars ($1,500) or imprisonment in
 22    the county jail for not more than six (6) months, or both.
 23        54-4827.  ENFORCEMENT. The prosecuting attorneys of each  county  of  this
 24    state  shall prosecute all persons charged with violation of any of the provi-
 25    sions of this chapter.
 26        54-4828.  SEVERABILITY. If any provision of this act or its application to
 27    any person or circumstance is held invalid, the remainder of the  act  or  the
 28    application  of  the  provision  to  other  persons  or  circumstances  is not
 29    affected.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 11102
This legislation creates the Board of Naturopathic Medical
Examiners to regulate and license naturopathic physicians. The
qualifications and application process are established for
licensees along with scope of and limitations for practice.

                          FISCAL IMPACT
License, renewal and examination fees are to be established
by the Board and will be dedicated funds. The fees are projected
to total approximately $25,000.00 per year.


    Name:  Karlene Allen
    Phone: 375 5806

Todd Schlapfer, N.D. 664-1644
Idaho Alliance for Naturopathic Medicine