2002 Legislation
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HOUSE BILL NO. 639 – Naturopaths, licensure


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H0639.................................................by HEALTH AND WELFARE
NATUROPATHS - LICENSURE - Adds to existing law relating to the practice of
naturopathic medicine in Idaho; to define terms; to require a license; to
provide exemptions; to create a Board of Naturopathic Medical Examiners and
to provide the powers and duties of the board; to provide for fees; to
provide for the licensure of current practitioners; to provide for
examination for licensure; to specify continuing education requirements; to
provide for disciplinary action; and to provide for enforcement and
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - Hld at desk
02/15    Ref'd to Health/Wel

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 639
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
 18    Be It Enacted by the Legislature of the State of Idaho:
 19        SECTION 1.  That Title 54, Idaho Code, be, and the same is hereby  amended
 20    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 21    ter 50, Title 54, Idaho Code, and to read as follows:
 22                                      CHAPTER 50
 24        54-5001.  PURPOSE. To protect the public health, safety and  welfare,  and
 25    provide for state administrative supervision, licensure, regulation and disci-
 26    plinary  procedures,  for every person providing naturopathic medical services
 27    who meets and maintains the standards  of  practice  and  code  of  ethics  as
 28    adopted  by  the board shall be licensed, unless otherwise exempted herein, as
 29    provided in this chapter.
 30        54-5002.  DEFINITIONS. As used in this chapter, the following  terms  have
 31    the meanings as stated:
 32        (1) "Approved naturopathic medical program" means:
 33        (a)  A course of study from a college or university granting the degree of
 34        doctor  of naturopathy or doctor of naturopathic medicine accredited by an
 35        accrediting agency recognized by the state or federal government; or
 36        (b)  A college or university granting the degree of doctor of naturopathy,
 37        or doctor of naturopathic medicine that has the status  of  candidate  for
 38        accreditation with the accrediting agency; or
 39        (c)  A  postgraduate  degree-granting college or university of the healing
 40        arts approved by the examining board  and  state  or  federal  accrediting
 41        agency.
  1    Such  college  or  university  shall  require a minimum of sixty (60) semester
  2    units for admission and a minimum of four thousand (4000) hours in  basic  and
  3    clinical  sciences,  naturopathic  philosophy,  naturopathic  modalities,  and
  4    naturopathic  medicine, of which not less than two thousand (2000) hours shall
  5    be academic instruction and not less than two thousand (2000) hours  shall  be
  6    school  or college approved supervised clinical training.  The college or uni-
  7    versity shall provide adequate instruction to maintain  naturopathic  medicine
  8    as a separate and distinct healing art.
  9        (2)  "Board"  means  the  board  of naturopathic medical examiners created
 10    pursuant to section 54-5008, Idaho Code.
 11        (3)  "Formulary council" means that council comprised of members appointed
 12    pursuant to this chapter to determine and authorize the formulary list.
 13        (4)  "Local anesthetics" means anesthetics which may  be  applied  to  the
 14    surface  of or injected into the superficial tissue to the extent necessary to
 15    safely perform minor office procedures.
 16        (5)  "Minor office procedures" means the performance  of  approved  opera-
 17    tive,  electrical, or other methods as determined by rule of the board for the
 18    repair and care of superficial lacerations, abrasions, and benign lesions  and
 19    removal of foreign bodies located in superficial tissues.
 20        The board shall limit the use of minor office procedures to physicians who
 21    have  graduated from an approved naturopathic medical college or have certifi-
 22    cation as an "Advanced Emergency Medical Technician-Ambulance" as set forth in
 23    section 56-1012(4)(d), Idaho Code.
 24        (6)  "Naturopathic formulary" means the list of  natural  medicines  which
 25    naturopathic physicians use in the practice of their profession, as determined
 26    by the formulary council and reviewed by the board.
 27        (7)  "Naturopathic  medicine"  means  a  comprehensive  system  of primary
 28    health care practiced by naturopathic physicians for the prevention, diagnosis
 29    and treatment of human health conditions, injuries  and  diseases,  that  uses
 30    education,  natural  medicines  and  therapies  to  support  and stimulate the
 31    individual's intrinsic self-healing processes.
 32        (8)  "Naturopathic physician" means a person authorized  and  licensed  to
 33    practice naturopathic medicine pursuant to this chapter.
 34        54-5003.  LICENSE  REQUIRED.  (1) A person shall not practice or hold him-
 35    self or herself out to others as a naturopathic physician without first apply-
 36    ing for and receiving a license to engage in that practice.
 37        (2)  A person holds himself or herself out to  others  as  a  naturopathic
 38    physician  when  the  person adopts or uses any title or description including
 39    "naturopathic physician," "naturopathic doctor,"  "physician  of  naturopathic
 40    medicine,"  "physician  of  natural medicine," "doctor of naturopathy," or its
 41    abbreviation, "N.D.," "doctor of naturopathic medicine," or  its  abbreviation
 42    "N.M.D."  Unless a person has graduated from an accredited school granting the
 43    "Doctor of Naturopathic Medicine" degree,  abbreviated  as  "N.M.D.,"  and  is
 44    licensed  under  this  chapter,  neither the title nor the abbreviation may be
 45    used.
 46        54-5004.  SCOPE OF PRACTICE. (1)  Diagnostic procedures.   A  naturopathic
 47    physician  may  use  physical  and  laboratory  examinations  consistent  with
 48    naturopathic  training  for diagnostic purposes including phlebotomy, clinical
 49    laboratory tests, speculum examinations and physiological  function  tests.  A
 50    naturopathic physician may order diagnostic  and imaging tests consistent with
 51    naturopathic  training,  including ultrasound and x-ray. A naturopathic physi-
 52    cian may order and perform an electrocardiogram.  All diagnostic  tests  other
 53    than  diagnostic  tests  consistent  with  naturopathic  medical education and
  1    training must be referred to an appropriate licensed health care  professional
  2    for performance and interpretation.
  3        (2)  Natural  medicines.   Naturopathic  physicians are authorized to dis-
  4    pense, administer and prescribe medicines derived from or substantially  simi-
  5    lar  in  molecular structure or function to natural sources for preventive and
  6    therapeutic purposes, including:  food,  extracts  of  foods,  nutraceuticals,
  7    vitamins,  minerals,  enzymes,  botanicals and their extracts, and homeopathic
  8    medicines prepared according to the Homeopathic Pharmacopoeia  of  the  United
  9    States,  and  all  dietary supplements and nonprescription drugs as defined by
 10    the federal food, drug and cosmetic act.  Naturopathic physicians  are  autho-
 11    rized  to dispense, administer, and prescribe medicines and devices limited to
 12    those listed in  the  naturopathic  formulary.  Such  authorization  shall  be
 13    granted  by  the  naturopathic  board of examiners on an individual basis upon
 14    application and proof of competency as determined by rule of the board.
 15        (3)  Naturopathic formulary. There is hereby  established  a  naturopathic
 16    formulary  council,  which is separate and distinct from the board, to be com-
 17    posed of five (5) members. One (1) member shall be a member of  the  board  of
 18    naturopathic  medical examiners, appointed by the board.  One (1) member shall
 19    be a naturopathic physician licensed under  this  chapter,  appointed  by  the
 20    board.   One (1) member shall be a pharmacist licensed under chapter 17, title
 21    54, Idaho Code, appointed by the board of naturopathic examiners from  a  list
 22    of  nominees  provided  by  the  Idaho state board of pharmacy. One (1) member
 23    shall be a  physician  licensed  under  chapter  18,  title  54,  Idaho  Code,
 24    appointed  by the board of naturopathic examiners from a list of nominees pro-
 25    vided by the Idaho state board of medicine. One (1) member shall be  a  person
 26    appointed  by  the  board  from a list of nominees provided by the Idaho state
 27    board of medicine and the Idaho state board of pharmacy.  The  formulary  list
 28    may  not  go  beyond  the  scope  of  natural medicines and devices covered by
 29    approved  naturopathic  education  and  training  and  existing   naturopathic
 30    formularies,  or  board  approved  continuing  education.   The  list  will be
 31    reviewed annually, or at the request of the board, by  the  council.   Immedi-
 32    ately  upon  adoption or revision of the formulary, the council shall transmit
 33    the approved formulary to the board, which shall adopt the formulary by tempo-
 34    rary rule. The naturopathic formulary shall include medicines and devices that
 35    are consistent with the training provided  by  approved  naturopathic  medical
 36    colleges.  Nothing  herein  shall  allow a naturopathic physician to dispense,
 37    administer or prescribe any legend drug as  defined  in  section  54-1705(26),
 38    Idaho  Code,  or  prescription  device unless such legend drug or prescription
 39    device is specifically included in the naturopathic  formulary  by  applicable
 40    scientific and chemical name for drugs and by specific medical description for
 41    devices.
 42        (4)  Therapies.  A  naturopathic  physician may administer, prescribe, and
 43    dispense, for preventive  and  therapeutic  purposes:  life-style  counseling,
 44    biofeedback,  dietary  therapy,  nutritional  counseling, natural medicine and
 45    devices from the naturopathic formulary and naturopathic physical medicine. He
 46    or she may perform minor office procedures pursuant to privileges  granted  by
 47    the  naturopathic  board  of examiners.  Naturopathic physical medicine is the
 48    therapeutic use of physical agents of air, water, heat, cold, sound, light and
 49    electromagnetic  nonionizing  radiation  and  the   physical   modalities   of
 50    electrotherapy,  diathermy,  ultraviolet  light, ultrasound, hydrotherapy, and
 51    therapeutic exercise and treatment of body structures or tissues in accordance
 52    with naturopathic principles for the purpose of restoring normal physiological
 53    function by normalizing and balancing the musculoskeletal system of the body.
 54    Naturopathic physical medicine does not include the practice of physical ther-
 55    apy, physical rehabilitation, acupuncture or chiropractic as defined  in  sec-
  1    tion  54-704,  Idaho Code.  Minor office procedures are methods for the repair
  2    and care incidental to  superficial  lacerations  and  abrasions,  superficial
  3    lesions  and the removal of foreign bodies located in the superficial tissues.
  4    Naturopathic physicians are authorized to  administer  antiseptics  and  local
  5    anesthetics  listed  in the naturopathic formulary in relation to minor office
  6    procedures.
  7        54-5005.  PUBLIC HEALTH AUTHORITIES  AND  RESPONSIBILITY.  A  naturopathic
  8    physician  is  a licensed doctor and has the same authority and responsibility
  9    as other licensed doctors regarding public health  laws,  reportable  diseases
 10    and  conditions,  communicable disease control and prevention, recording vital
 11    statistics, and performing health and physical examinations.
 12        54-5006.  PROHIBITIONS. A naturopathic physician shall not perform any  of
 13    the following:
 14        (1)  Prescribe,  dispense or administer any controlled substance or device
 15    identified under the controlled substance act, chapter  27,  title  37,  Idaho
 16    Code,  or  identified  in the federal controlled substance act, 21 U.S.C. sec-
 17    tions 801 through 971 (1988), except as authorized by this chapter;
 18        (2)  Perform surgical procedures  except  those  minor  office  procedures
 19    authorized by this chapter;
 20        (3)  Practice  or  claim  to practice as a medical doctor, osteopath, den-
 21    tist, podiatrist, optometrist, advanced practice professional nurse, physician
 22    assistant, chiropractor,  physical  therapist,  acupuncturist,  or  any  other
 23    health care professional not authorized in this chapter unless licensed by the
 24    state of Idaho to do so;
 25        (4)  Use general or spinal anesthetics;
 26        (5)  Administer ionizing radioactive substances for therapeutic purposes;
 27        (6)  Perform surgical procedures using a laser device;
 28        (7)  Nothing  in this chapter shall be construed to authorize any licensee
 29    under this chapter to perform an abortion;
 30        (8)  Nothing in this chapter shall negate previous court decisions or cur-
 31    rent Idaho Code.
 32        54-5007.  EXEMPTIONS.  This  chapter  is  not  intended  to  prohibit   or
 33    restrict:
 34        (1)  The  practice of a profession by individuals who are licensed, certi-
 35    fied or registered under other laws of this state and are performing  services
 36    within the authorized scope of practice; and
 37        (2)  The  practice  of  naturopathic medicine by an individual employed by
 38    the federal government while the individual is engaged in the  performance  of
 39    duties prescribed by the laws and regulations of the United States;
 40        (3)  An  individual  rendering  aid to a family member or in an emergency,
 41    when no fee or other consideration  for  the  service  is  charged,  received,
 42    expected or contemplated;
 43        (4)  A  person engaged in the sale of vitamins, health foods, dietary sup-
 44    plements, herbs, or other products of nature, the sale of which is not  other-
 45    wise prohibited under state or federal law, but this subsection does not allow
 46    a person to diagnose any human disease, ailment, injury, infirmity, deformity,
 47    pain  or  other  condition,  or  prohibit providing truthful and nonmisleading
 48    information regarding any of the products under this subsection;
 49        (5)  A person engaged in good faith for religious reasons as a  matter  of
 50    conscience or based on a personal belief;
 51        (6)  A  person  who administers treatment or provides advice regarding the
 52    human body and its function that does not use legend or prescription drugs  in
  1    such  practice; uses natural elements such as air, heat, water and light; uses
  2    only class I or class II nonprescription, approved, medical devices as defined
  3    in section 513 of the federal food, drug, and cosmetic act;  uses  only  vita-
  4    mins, minerals, herbs, homeopathics, natural food products and their extracts,
  5    and nutritional supplements; and who does not perform surgery;
  6        (7)  The  practice  by  a  naturopathic physician duly licensed in another
  7    state, territory or the District of Columbia when that naturopathic  physician
  8    is  incidentally  called into this state for consultation with a licensed doc-
  9    tor;
 10        (8)  The practice of naturopathic medicine  by  students  enrolled  in  an
 11    approved  naturopathic  medical program.  Services shall be performed pursuant
 12    to a course of instruction or assignments from an  instructor  and  under  the
 13    supervision and observation of the instructor.
 14        54-5008.  BOARD  OF  NATUROPATHIC  MEDICAL  EXAMINERS. (1) There is hereby
 15    established in the department of self-governing agencies,  bureau  of  occupa-
 16    tional licenses, the board of naturopathic medical examiners.  Members thereof
 17    shall be appointed by the governor.
 18        (2)  The  board  shall consist of five (5) members, four (4) of whom shall
 19    be licensed pursuant to this chapter and one (1) of whom shall be a member  of
 20    the  public with an interest in the rights of consumers of naturopathic physi-
 21    cian services.
 22        (3)  Appointments to the board shall be made by the governor from  nomina-
 23    tions  received  from  professional  naturopathic  physician associations, who
 24    shall nominate at least two (2) but no more than four  (4)  persons  qualified
 25    for each position to be filled.
 26        (4)  All members of the board shall be residents of the state of Idaho for
 27    the  duration  of their appointment and shall have been residents of the state
 28    of Idaho for a minimum of three (3) years immediately preceding appointment.
 29        (5)  The initial four (4) licensed naturopathic physician members  of  the
 30    board  shall be persons with at least two (2) years of experience in the prac-
 31    tice of naturopathic medicine who are eligible to become licensed pursuant  to
 32    this chapter.
 33        (6)  The initial board shall be appointed for staggered terms, the longest
 34    of which shall not exceed five (5) years.  After the initial appointments, all
 35    terms shall be five (5) years and a member may be appointed for a second term.
 36    No member shall serve more than two (2) terms. In the event of death, resigna-
 37    tion  or  removal  of  any  member  before the expiration of the term to which
 38    appointed, the vacancy shall be filled for the unexpired portion of  the  term
 39    in the same manner as the original appointment.
 40        (7)  The  governor  may remove any member of the board for cause, prior to
 41    the expiration of the member's appointment.
 42        (8)  The board, within thirty (30) days  after  its  appointment,  and  at
 43    least  annually  thereafter,  shall  hold a meeting and elect a chairman.  The
 44    board may hold additional meetings on the call of the chair or at the  written
 45    request  of  any two (2) members of the board. The board may appoint such com-
 46    mittees as it considers necessary to carry out its duties. A majority  of  the
 47    board shall constitute a quorum.
 48        54-5009.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 49    ity to:
 50        (1)  Determine the qualifications of persons applying for licensure pursu-
 51    ant to this chapter and define, by rule, the appropriate scope of naturopathic
 52    medicine  in  this state, provided however, that the scope of practice may not
 53    exceed that defined in section 54-5002(7), Idaho Code;
  1        (2)  Grant approval for naturopathic childbirth attendance  privileges  to
  2    those  licensees who apply, provided that such applicant can document training
  3    and experience equal to or greater than that required  by  the  rules  of  the
  4    Idaho board of nursing pursuant to section 54-1404, Idaho Code;
  5        (3)  Establish special competency certification requirements for licensees
  6    as deemed necessary by action of the board;
  7        (4)  Adopt  rules  that  govern action limiting the scope of practice of a
  8    licensee;
  9        (5)  Hire and appoint employees, including an executive director, investi-
 10    gators, attorneys, consultants and independent hearing examiners;
 11        (6)  Adopt such rules as are necessary  for  the  administration  of  this
 12    chapter, including standards of professional conduct;
 13        (7)  Conduct investigations and examinations and hold hearings;
 14        (8)  Collect fees and other funds as prescribed by this chapter;
 15        (9)  Contract,  sue  and  be sued, and pursue other matters lawful in this
 16    state relating to naturopathic medicine;
 17        (10) Provide such other services and perform such other functions  as  are
 18    necessary and desirable to fulfill its purposes.
 19        54-5010.  FEES. (1) All fees received under the provisions of this chapter
 20    shall  be paid to the department of self-governing agencies, bureau of occupa-
 21    tional licenses, and deposited to the state treasury  to  the  credit  of  the
 22    occupational  licenses  fund. All costs and expenses incurred under the provi-
 23    sions of this chapter shall be a charge against and paid from said fund. In no
 24    case shall any salary, expense or other obligation of  the  board  be  charged
 25    against the general account.
 26        (2)  The  board,  by rule, may impose the following fees up to the amounts
 27    listed below:
 28        (a)  License fee...................................................$250.00
 29        (b)  Renewal fee...................................................$250.00
 30        (c)  Late renewal penalty..........................................$ 50.00
 31        (d)  License by endorsement........................................$250.00
 32        (e)  Duplicate license.............................................$ 50.00
 33        (f)  Reinstatement fee.............................................$ 50.00
 34        54-5011.  QUALIFICATIONS FOR LICENSURE. To be eligible for  a  license  to
 35    practice naturopathic medicine in the state of Idaho, the applicant shall:
 36        (1)  Be  a  graduate of an approved naturopathic medical program in accor-
 37    dance with  section  54-5002(1),  Idaho  Code,  and  pass  or  have  passed  a
 38    competency-based  examination  approved by the board, covering the appropriate
 39    naturopathic subjects, including basic and clinical sciences;
 40        (2)  Possess a good ethical and professional reputation;
 41        (3)  Be physically and mentally capable of safely practicing  naturopathic
 42    medicine with or without reasonable accommodation;
 43        (4)  Have  never  had a license to practice naturopathic medicine refused,
 44    revoked or suspended by any other state or country for reasons that relate  to
 45    the  applicant's  ability to skillfully and safely practice naturopathic medi-
 46    cine unless that license has been restored to good standing by that  state  or
 47    country; and
 48        (5)  File a board approved application and pay the licensing fees.
 50    NATUROPATHIC MEDICINE. (1) Practitioners of naturopathic  medicine  practicing
 51    within  the  state of Idaho on the effective date of passage of this act shall
 52    be licensed as naturopathic physicians so long as, at  a  minimum,  they  have
  1    held  themselves  out  as naturopathic physicians and have been engaged in the
  2    practice of naturopathic medicine in the state of Idaho for at least three (3)
  3    years prior to the passage and adoption of this  chapter.  License  applicants
  4    must not have had a license as a health care provider revoked in any jurisdic-
  5    tion  for  matters  which  pertain  to their fitness or competence to practice
  6    naturopathic medicine, and shall derive the majority of  their  earned  income
  7    from  the practice of naturopathic medicine. Applicants shall provide proof of
  8    education and training as defined in section 54-5002(1)(a), (b) and (c), Idaho
  9    Code.
 10        (2)  Any practitioner who cannot prove sufficient education  and  training
 11    to  be licensed as required in section 54-5002(1)(a), (b) and (c), Idaho Code,
 12    may be eligible for a limited license granted by the board under such rules as
 13    the board may adopt with a scope of practice limited to that determined by the
 14    board to be justified and in accordance with such practitioner's education and
 15    training.
 16        (3)  Applications must be submitted to the board within one hundred eighty
 17    (180) days from the date on which this chapter takes effect,  and  payment  of
 18    the  licensing  fees must accompany the application.   Failure of persons cur-
 19    rently practicing naturopathic medicine in this state to apply  for  licensure
 20    within  the one hundred eighty (180) day period, and the continuation of prac-
 21    tice after that date,  shall cause such persons to be subject  to  prosecution
 22    under section 54-5024, Idaho Code.
 23        54-5013.  EXAMINATION   FOR  LICENSURE.  (1)  The  date  and  location  of
 24    examination(s) shall be established by the board.  Applicants who have not met
 25    the examination requirements for licensure shall be  scheduled  for  the  next
 26    examination  following  the filing of the application.  The board shall estab-
 27    lish by rule the examination standards and application deadline.
 28        (2)  The examination shall contain subjects appropriate to  the  standards
 29    of competency and scope of practice.
 30        (3)  The  board  shall establish by rule the requirements for a reexamina-
 31    tion if the applicant has failed the examination.
 32        54-5014.  LICENSE STANDARDS FOR OUT-OF-STATE APPLICANTS. The  board  shall
 33    establish  by  rule  the  standards  for  licensure  of applicants licensed in
 34    another jurisdiction. However, the  standards  for  endorsement  of  licensure
 35    shall not be less than required for licensure in the state of Idaho.
 36        54-5015.  APPLICATION  FOR  LICENSURE. Applications for licensure shall be
 37    submitted on forms provided by the board. The board may require  any  informa-
 38    tion and documentation needed to determine if the applicant meets the criteria
 39    for  licensure  as  provided  in  this chapter. Each applicant shall pay a fee
 40    determined by the board, which shall be no  more  than  one  thousand  dollars
 41    ($1000). The fee shall be submitted with the application.
 42        54-5016.  LICENSE  RENEWAL. The board shall establish by rule the require-
 43    ments for annual renewal of licenses. The board shall establish a late renewal
 44    penalty fee, which shall not be more than five hundred dollars ($500). Failure
 45    to renew shall invalidate the  license  and  all  privileges  granted  by  the
 46    license. The board shall determine by rule whether a license shall be canceled
 47    for  failure  to  renew  and  shall establish procedures and prerequisites for
 48    relicensure.
 50    shall establish a program for continuing education. Except as provided in sub-
  1    section  (2)  of this section, all naturopathic physicians licensed under this
  2    chapter must submit to the board, on the appropriate  annual  license  renewal
  3    application, a report summarizing their earned continuing education credits. A
  4    licensed naturopathic physician must earn at least twenty (20) continuing edu-
  5    cation  credits  within  the twelve (12) months prior to the renewal date each
  6    year. At least five (5)  of  the  continuing  education  credits  must  be  in
  7    naturopathic  pharmacology  for naturopathic physicians qualified to prescribe
  8    according to the  naturopathic  formulary.  Licensed  naturopathic  physicians
  9    holding  and  maintaining  a  special  competency certification for childbirth
 10    attendance must comply with section 54-5009(2), Idaho Code, in addition to the
 11    minimum requirement of twenty (20) annual continuing education credits.
 12        (2)  The board may exempt any person holding a license under this  chapter
 13    from the requirements of subsection (1) of this section upon application show-
 14    ing  evidence satisfactory to the board of his or her inability to comply with
 15    the requirements because of unusual or extenuating circumstances. However,  no
 16    person  shall be exempted from the requirements of subsection (1) of this sec-
 17    tion more than once in any five (5) year period; however,  exemptions  may  be
 18    granted  upon  review  by the board to persons licensed under this chapter who
 19    become engaged in prolonged religious, military or humanitarian service.
 20        54-5018.  APPROVAL OF CONTINUING EDUCATION PROGRAMS. (1) The  board  shall
 21    offer  a  program of continuing education in naturopathic medicine to meet the
 22    requirements of section 54-5017, Idaho Code. The board shall  also  approve  a
 23    program to be presented by persons qualified to do so.
 24        (2)  Any  person  seeking approval of a program of continuing education in
 25    naturopathic medicine to comply with the requirements  of  subsection  (1)  of
 26    this section shall submit to the board, at such time as the board may require,
 27    copies  of  courses  of study to be offered and proof of such other qualifica-
 28    tions as the board may require. Approval granted to any program of  continuing
 29    education  shall  be  reviewed periodically and approval may be withdrawn from
 30    any program that fails to meet the requirements of the board.
 31        (3)  Any program of continuing education in naturopathic medicine  offered
 32    or  approved  under  this section shall consist of study covering new, review,
 33    experimental, research and specialty subjects in  the  field  of  naturopathic
 34    medicine.
 35        54-5019.  REPORT OF SUSPECTED VIOLATION. (1) Any board licensee shall, and
 36    any  other person may, report to the board any suspected violation of the pro-
 37    visions of this chapter.
 38        (2)  Information pertaining to the report required by  subsection  (1)  of
 39    this section shall remain confidential and not be subject to public disclosure
 40    under the public records laws of this state.
 41        (3)  Any  person  who  reports  or provides information to the board under
 42    this section in good faith shall not be subject to an action for civil damages
 43    as a result thereof.
 44        54-5020.  INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall inves-
 45    tigate, or cause to be investigated, all complaints made to it and  all  cases
 46    of noncompliance with this chapter.
 47        (2)  The  board  may  conduct  hearings  to assist with investigations, to
 48    determine whether grounds exist for suspension,  revocation  or  denial  of  a
 49    license  or  to  fulfill  its responsibilities under this chapter as the board
 50    otherwise determines necessary.
 51        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 52    disciplinary  proceedings  and compel, by subpoena duces tecum, the production
  1    of papers and records.
  2        54-5021.  DISCIPLINARY ACTION. (1) The board may suspend, revoke or refuse
  3    to issue or renew a license on any of the following grounds:
  4        (a)  The employment of fraud or deceit in obtaining a license  under  this
  5        chapter  or  in connection with services rendered as a naturopathic physi-
  6        cian;
  7        (b)  A legal finding of mental incompetence;
  8        (c)  Aiding or abetting a person, not duly licensed under this chapter, in
  9        claiming to be a naturopathic physician;
 10        (d)  Any negligence, incompetence or  misconduct  in  the  performance  of
 11        naturopathic medicine;
 12        (e)  Conviction of any felonious crime, which constitutes a crime of moral
 13        turpitude;
 14        (f)  Practicing as a naturopathic physician when physical or mental abili-
 15        ties  are  impaired  by  the  use of controlled substances or other drugs,
 16        chemicals or alcohol;
 17        (g)  Failure of the individual practitioner to maintain his or her profes-
 18        sional premises in a clean and sanitary condition;
 19        (h)  Any person licensed in accordance with this chapter  whose  scope  of
 20        practice  has been limited by the board pursuant to section 54-5004, Idaho
 21        Code, and who performs any act not authorized in his or her limited  scope
 22        of practice, which constitutes the practice of naturopathic medicine;
 23        (i)  Any   other  good  cause,  relevant  to  qualifications  to  practice
 24        naturopathic medicine.
 25        (2)  The board may not refuse to grant a license or may not base a finding
 26    of professional incompetency solely on the basis that a licensee's practice is
 27    unconventional in the absence of  demonstrable  harm  to  a  patient  and  the
 28    attending  licensee  and  patient  have signed a waiver to the effect that the
 29    treatment or device is considered unconventional.
 30        (3)  In any proceeding in which an individual licensed under this  chapter
 31    may have his or her license denied, not renewed, suspended or revoked for rea-
 32    sons  related  to the scope of practice, the members of any committee or panel
 33    which will rule on such action shall be licensed naturopathic  physicians  who
 34    are  knowledgeable  in,  ascribe to, and practice that portion of the scope of
 35    naturopathic medical practice which is under consideration.
 36        54-5022.  LICENSE DENIAL OR REVOCATION PROCEDURE. Where the board proposes
 37    to refuse to issue or renew a license, or proposes  to  revoke  or  suspend  a
 38    license,  opportunity for a hearing shall be pursuant to provisions of chapter
 39    52, title 67, Idaho Code.
 40        54-5023.  UNAUTHORIZED EMPLOYMENT. A person in the course of business  may
 41    not  employ  a  naturopathic physician who does not have a license unless that
 42    person is a student or an intern within the meaning of this chapter.
 43        54-5024.  ENFORCEMENT PENALTIES. (1) A person who violates  any  provision
 44    of this chapter shall, upon conviction, be guilty of a misdemeanor.
 45        (2)  The  board  may  seek  injunction  against  any  person who practices
 46    naturopathic medicine in violation of this chapter and may,  in  the  event  a
 47    permanent  injunction  is  entered  against  such person or plea or verdict is
 48    entered in any criminal matter, impose a civil penalty in the  amount  of  all
 49    costs and fees incurred by the board in prosecuting the matter.
 50        54-5025.  SEVERABILITY. If any provision of this act or its application to
  1    any  person  or  circumstance is held invalid, the remainder of the act or the
  2    application of  the  provision  to  other  persons  or  circumstances  is  not
  3    affected.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE
                          RS 11978

There are a significant number of residents of the State of Idaho 
that choose natural health care. Naturopathic medicine is a distinct 
health care profession that affects the public health, safety and 
welfare. The purpose of this legislation is to protect the public 
health, safety and welfare by providing standards of practice, a 
code of ethics for practitioners, state administrative supervision, 
licensure, regulation and disciplinary procedures for every person 
providing naturopathic medical services in the state.

                      FISCAL IMPACT

There is no fiscal impact to the general fund.

Name:  Larry Benton
Phone: 461-2000