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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 - 2001IN 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 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 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 3 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- 4 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 5 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- 6 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 7 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 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 8 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 9 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 10 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 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. Contact Name: Karlene Allen Phone: 375 5806 Todd Schlapfer, N.D. 664-1644 Idaho Alliance for Naturopathic Medicine STATEMENT OF PURPOSE/FISCAL NOTE H 25