Print Friendly HOUSE BILL NO. 258 – Naturopathic Medicine Act
HOUSE BILL NO. 258
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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
|||| 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
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 A STATEMENT OF
4 LEGISLATIVE INTENT, TO DEFINE TERMS, TO REQUIRE A LICENSE TO PRACTICE
5 NATUROPATHIC MEDICINE, TO DEFINE THE SCOPE OF PRACTICE, TO PROVIDE THE
6 PUBLIC HEALTH AUTHORITY AND RESPONSIBILITY, TO PROHIBIT CERTAIN ACTS, TO
7 PROVIDE EXEMPTIONS, TO CREATE THE BOARD OF NATUROPATHIC MEDICAL EXAMINERS,
8 TO PROVIDE POWERS OF THE BOARD, TO PROVIDE FOR DISPOSITION OF BOARD
9 RECEIPTS, TO PROVIDE CIVIL IMMUNITY, TO PROVIDE FOR COMPENSATION, TO SPEC-
10 IFY QUALIFICATIONS FOR LICENSURE, TO PROVIDE APPLICATION FOR LICENSURE OF
11 CURRENT PRACTITIONERS, TO PROVIDE FOR EXAMINATION FOR LICENSURE, TO PRO-
12 VIDE LICENSURE STANDARDS FOR OUT-OF-STATE APPLICANTS, TO PROVIDE FOR
13 APPLICATION FOR LICENSURE, TO PROVIDE FOR LICENSE RENEWAL, TO SPECIFY CON-
14 TINUING EDUCATION REQUIREMENTS AND EXEMPTIONS, TO PROVIDE FOR APPROVAL OF
15 CONTINUING EDUCATION PROGRAMS, TO REQUIRE REPORTS OF SUSPECTED VIOLATIONS,
16 TO PROVIDE FOR INVESTIGATION, HEARING AND SUBPOENA, TO PROVIDE FOR SUSPEN-
17 SION AND REVOCATION OF LICENSE, TO PROVIDE FOR LICENSE DENIAL OR REVOCA-
18 TION, TO PROHIBIT UNAUTHORIZED EMPLOYMENT, TO PROVIDE PENALTIES, TO PRO-
19 VIDE FOR ENFORCEMENT AND TO PROVIDE SEVERABILITY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
22 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
23 ter 48, Title 54, Idaho Code, and to read as follows:
24 CHAPTER 48
25 NATUROPATHIC PHYSICIANS LICENSING ACT
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
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
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
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
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-
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-
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.
22 54-4814. APPLICATION FOR LICENSURE OF CURRENT PRACTITIONERS OF
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
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.
25 54-4819. CONTINUING EDUCATION REQUIREMENTS AND EXEMPTIONS. (1) The board
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
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-
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
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-
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
STATEMENT OF PURPOSE
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE H 25