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H0239....................................................by HEALTH AND WELFARE
NATURAL HEALTH CARE ACT - Adds to existing law to adopt the Natural Health
Care Act to require registration to practice natural health care, which
includes a broad spectrum of medical and nonmedical alternative and
complementary health practices; to create the Board of Natural Health Care; to
specify requirements for registration; to define the scope of practice; to
create the Natural Medicine Formulary Council; to provide adoption of the
formulary; and to prescribe license fees.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 239
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO ADOPTION OF THE NATURAL HEALTH CARE ACT; AMENDING TITLE 54, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 50, TITLE 54, IDAHO CODE, TO PRO-
4 VIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF PURPOSE, TO DEFINE TERMS, TO
5 REQUIRE REGISTRATION TO PRACTICE NATURAL HEALTH CARE AND PROVIDE EXEMP-
6 TIONS, TO CREATE THE BOARD OF NATURAL HEALTH CARE, TO SPECIFY THE POWERS
7 AND DUTIES OF THE BOARD, TO SPECIFY REQUIREMENTS FOR REGISTRATION AND
8 DEFINE THE SCOPE OF PRACTICE, TO SPECIFY REQUIREMENTS FOR CERTIFICATION
9 AND DEFINE THE SCOPE OF PRACTICE, TO SPECIFY THE REQUIREMENTS FOR LICEN-
10 SURE AND DEFINE THE SCOPE OF PRACTICE, TO SPECIFY THE PUBLIC HEALTH
11 AUTHORITY AND RESPONSIBILITY OF PRACTITIONERS, TO DEFINE UNCONVENTIONAL
12 TREATMENT AND SPECIFY THE DISCLOSURE REQUIRED, TO CREATE THE NATURAL MEDI-
13 CINE FORMULARY COUNCIL AND PROVIDE ADOPTION OF THE FORMULARY, TO PRESCRIBE
14 LICENSE FEES, TO PROVIDE FOR SUSPENSION AND REVOCATION AND TO PROVIDE PEN-
15 ALTIES.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
18 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
19 ter 50, Title 54, Idaho Code, and to read as follows:
20 CHAPTER 50
21 NATURAL HEALTH CARE
22 54-5001. SHORT TITLE. This chapter may be cited as the "Natural Health
23 Care Act."
24 54-5002. PURPOSE. The legislature finds and declares that the public has
25 the right to choose various modalities of natural health care that are comple-
26 mentary to and distinct from the practice of medicine and which, in some
27 cases, may be nonstandard. The legislature further finds that it is appropri-
28 ate and in the public interest, to authorize and promote the provision of nat-
29 ural health care services of high quality statewide by providing for registra-
30 tion, certification and licensure of practitioners of natural health care at
31 various levels. The legislature further finds that the provision of such nat-
32 ural health care affects the health, safety and welfare of the public, making
33 regulation of such services appropriate. The legislature intends that this
34 chapter should be interpreted liberally to encourage innovation in the deliv-
35 ery of natural health care while concurrently promoting the safety of the pub-
36 lic. In enacting these provisions the legislature does not intend to negate
37 previous court decisions or repeal other provisions of Idaho Code.
38 54-5003. DEFINITIONS. As used in this chapter:
39 (1) "Board" means the board of natural health care.
40 (2) "Council" means the natural medicine formulary council.
2
1 (3) "Formulary" means the natural medicine formulary.
2 (4) "Herbs and supplements" means foods, extracts of foods, herbs,
3 nutraceuticals, vitamins, minerals, enzymes and botanicals, including their
4 extracts, homeopathic compounds, dietary supplements and nonprescription
5 drugs.
6 (5) "Minor office procedures" means the methods for the repair and care
7 incidental to superficial lacerations and abrasions, superficial lesions and
8 the removal of foreign bodies located in the superficial tissues including, as
9 examples, invasive procedures as necessary, first-aid treatment of simple
10 wounds and treatments of the skin under nonlife-threatening circumstances.
11 (6) "Natural health care" includes the broad spectrum of medical and non-
12 medical alternative and complementary health care utilizing investigation,
13 assessment, treatment, advice, recommendation or other means for the preven-
14 tion and treatment of human health conditions, injuries and diseases including
15 modalities and services that have traditionally been employed in naturopathy,
16 herbal therapy, homeopathy and other similar modalities to support and stimu-
17 late the individual's intrinsic self-healing processes. "Natural health care"
18 includes the provision of unconventional therapy when the provisions of this
19 chapter are complied with. Except as authorized in this chapter, "natural
20 health care" does not include:
21 (a) Surgery;
22 (b) Prescribing, dispensing or administering any prescription drug or
23 legend drug as defined in section 54-1705(27), Idaho Code;
24 (c) Diagnosis or treatment of specifically psychological ailments or con-
25 ditions; and
26 (d) Any therapy or treatment that involves sexual stimulation.
27 (7) "Natural medicine formulary" means the list of natural medicines that
28 practitioners are authorized to use in the practice of their profession, as
29 determined by the natural medicine formulary council and as authorized by this
30 chapter.
31 (8) "Practitioner" includes persons registered, certified and licensed
32 pursuant to this chapter.
33 (9) "Surgery" includes abortion, menstrual extraction and surgical ser-
34 vices for delivery of babies.
35 54-5004. REGISTRATION REQUIRED -- EXEMPTIONS. (1) Unless exempted by this
36 section, every person desiring to practice natural health care for compensa-
37 tion shall annually register with the board by paying a fee of twenty-five
38 dollars ($25.00) and providing a completed registration form. The board shall,
39 by rule, prescribe such registration form.
40 (2) The following persons are exempt from the requirement of registration
41 pursuant to this chapter:
42 (a) Persons licensed pursuant to chapter 18, title 54, Idaho Code, or
43 exempted from the requirements therein as set out in subsections (1)(a)
44 through (1)(j) of section 54-1804, Idaho Code;
45 (b) Those selling herbs, enzymes, food supplements and similar products
46 and, incidental to such sales, offering information, seminars, assessments
47 or nutritional counseling or advice regarding use of such products and who
48 charge primarily for such products; and
49 (c) Persons engaged in good faith for religious reasons as a matter of
50 conscience or based on a personal belief; and
51 (d) Persons duly certified or licensed in another jurisdiction when that
52 person is incidentally called into this state for consultation with a
53 practitioner or for purposes of teaching seminars and other courses of
54 study; and
3
1 (e) Students enrolled in an educational program where natural health care
2 is practiced, pursuant to a course of instruction or assignments from an
3 instructor, and under the supervision and observation of a licensed prac-
4 titioner or other person lawfully licensed within this state for teaching
5 purposes.
6 (3) Persons who are exempt from the requirement to register pursuant to
7 this section may voluntarily register and become certified or licensed accord-
8 ing to the provisions of this chapter.
9 54-5005. BOARD OF NATURAL HEALTH CARE. (1) There is hereby established in
10 the department of self-governing agencies, bureau of occupational licenses,
11 the board of natural health care. Members thereof shall be appointed by the
12 governor.
13 (2) The board shall consist of seven (7) members, two (2) of whom shall
14 be licensed pursuant to this chapter, two (2) of whom shall be certified pur-
15 suant to this chapter, two (2) of whom shall be registered pursuant to this
16 chapter and one (1) of whom shall be a practitioner who is licensed or certi-
17 fied to provide health care services in Idaho pursuant to other relevant chap-
18 ters of Idaho Code.
19 (3) All members of the board shall be residents of the state of Idaho for
20 the duration of their appointment and shall have been residents of the state
21 of Idaho for a minimum of three (3) years immediately preceding appointment.
22 (4) The initial two (2) licensed members of the board shall be persons
23 with at least two (2) years of experience in the practice of natural health
24 care who are eligible to become licensed pursuant to this chapter.
25 (5) The initial two (2) certified members of the board shall be persons
26 with at least two (2) years of experience in the practice of natural health
27 care and who are eligible to become certified pursuant to this chapter.
28 (6) The initial board shall be appointed for staggered terms, the longest
29 of which shall not exceed four (4) years. After the initial appointments, all
30 terms shall be four (4) years and a member may be appointed for a second term.
31 No member shall serve more than two (2) terms. In the event of death, resigna-
32 tion or removal of any member before the expiration of the term to which
33 appointed, the vacancy shall be filled for the unexpired portion of the term
34 in the same manner as the original appointment.
35 (7) The governor may remove any member of the board for cause, prior to
36 the expiration of the member's appointment.
37 (8) The board, within thirty (30) days after the appointment of its mem-
38 bers shall hold a meeting and elect a chairman. Meetings shall be held at
39 least annually thereafter. The board may hold additional meetings on the call
40 of the chair or at the written request of any two (2) members of the board. A
41 majority of the board shall constitute a quorum.
42 (9) The board shall appoint a standing committee to consider matters
43 relating to certification of practitioners and shall appoint a standing com-
44 mittee to consider matters relating to licensing of practitioners. Such com-
45 mittees shall meet at the pleasure of the board. The board may appoint such
46 other committees as are necessary to implement the provisions of this chapter
47 and carry out its duties.
48 (10) Each member of the board shall be compensated as provided in section
49 59-509(n), Idaho Code.
50 54-5006. POWERS AND DUTIES OF THE BOARD. The board shall have the author-
51 ity to:
52 (1) Adopt such rules as are necessary for the administration of this
53 chapter, including defining or limiting the scope of practice for those regis-
4
1 tered, certified or licensed pursuant to this chapter and setting standards of
2 professional conduct for each;
3 (2) Determine the qualifications of persons applying for certification
4 pursuant to this chapter and further define the appropriate scope of practice
5 for those so certified, including establishing parameters of competency for
6 granting specialized treatment certification for practitioners with advanced
7 study, training or experience;
8 (3) Determine the qualifications of persons applying for licensure pursu-
9 ant to this chapter and further define the appropriate scope of practice for
10 those so licensed, including establishing parameters of competency for grant-
11 ing specialized practice certification for practitioners with advanced study,
12 training or experience;
13 (4) Approve such forms as are necessary for the administration of this
14 chapter, including those for registration, certification and licensure of
15 practitioners;
16 (5) Hire and appoint employees, including an executive director, investi-
17 gators, attorneys, consultants and independent hearing examiners;
18 (6) Regulate the dispensing, administration and prescription of herbs and
19 supplements and natural medicines by practitioners of natural health care;
20 (7) Conduct investigations and examinations and hold hearings;
21 (8) Establish and collect fees and other funds as prescribed by this
22 chapter;
23 (9) Contract, sue and be sued, and pursue other matters lawful in this
24 state relating to natural health care; and
25 (10) Provide such other services and perform such other functions as are
26 necessary and desirable to fulfill its purposes.
27 54-5007. REQUIREMENTS FOR REGISTRATION -- SCOPE OF PRACTICE. (1) To be
28 eligible to register pursuant to section 54-5004, Idaho Code, the registrant
29 shall:
30 (a) Be of good moral character;
31 (b) Be mentally and emotionally capable of safely practicing natural
32 health care; and
33 (c) Have never had a registration, certification or license to practice
34 health care refused, revoked or suspended by any other state, country or
35 other governmental entity for reasons that would relate to the applicant's
36 ability to skillfully and safely practice natural health care in Idaho
37 unless that registration, certification or license has been restored to
38 good standing by that state, country or entity.
39 (2) Persons duly registered pursuant to the requirements of this chapter
40 are authorized to practice natural health care, including for preventive and
41 therapeutic purposes, dispensing, administering and prescribing:
42 (a) Herbs and supplements;
43 (b) Life-style counseling, biofeedback, dietary therapy, nutritional
44 counseling, therapeutic use of physical agents of air, water, heat, cold,
45 sound, light and electromagnetic nonionizing radiation and the physical
46 modalities of electrotherapy, diathermy, ultraviolet light, ultrasound,
47 hydrotherapy, and therapeutic exercise and treatment of body structures or
48 tissues in accordance with natural health care principles for the purpose
49 of restoring normal physiological function by normalizing and balancing
50 the musculoskeletal system of the body.
51 (3) Persons registered pursuant to this chapter, including those certi-
52 fied or licensed pursuant to this chapter, shall not:
53 (a) Practice physical therapy, physical rehabilitation, acupuncture or
54 chiropractic as defined in section 54-704, Idaho Code; or
5
1 (b) Dispense, administer or prescribe those substances on the natural
2 medicine formulary unless authorized to do so by this chapter or the
3 board; or
4 (c) Prescribe, dispense or administer any controlled substance or device
5 identified under the controlled substance act, chapter 27, title 37,
6 Idaho Code, or identified in the federal controlled substance act, 21
7 U.S.C. sections 801 through 971 (1988), except as authorized by this chap-
8 ter; or
9 (d) Perform surgical procedures, except for minor office procedures when
10 performed as authorized for practitioners certified or licensed pursuant
11 to this chapter; or
12 (e) Practice or claim to practice as a medical doctor, osteopath, den-
13 tist, podiatrist, optometrist, advanced practice professional nurse, phy-
14 sician assistant, chiropractor, physical therapist, acupuncturist, or any
15 other health care professional not authorized in this chapter unless
16 licensed by the state of Idaho to do so; or
17 (f) Use general or spinal anesthetics; or
18 (g) Administer ionizing radioactive substances for therapeutic purposes;
19 or
20 (h) Perform surgical procedures using a laser device; or
21 (i) Perform abortions or abortion related services; or
22 (j) Perform surgical procedures involving the eye, ear, tendons, nerves,
23 or involving veins or arteries extending beyond superficial tissue; or
24 (k) Set fractures; or
25 (l) Recommend the discontinuance of legend drugs or controlled substances
26 lawfully prescribed by an appropriately licensed physician.
27 54-5008. REQUIREMENTS FOR CERTIFICATION -- SCOPE OF PRACTICE. (1) Practi-
28 tioners registered pursuant to this chapter may become certified by:
29 (a) Submitting a completed application form and paying the fee for certi-
30 fication as established by the board; and either
31 (b) Giving satisfactory proof to the board of the person's licensure or
32 certification in a state, territory, District of Columbia, foreign country
33 or other governmental entity with requirements similar to the requirements
34 for certification established by either this chapter or the board; or
35 (c) Providing proof of training or experience that, in the opinion of the
36 board, is sufficient to justify the granting of certification.
37 (2) In addition to those acts authorized by subsection (2) of section
38 54-5007, Idaho Code, persons certified by the board may perform additional
39 acts for which the practitioner has obtained study, training or experience as
40 follows:
41 (a) If the practitioner is certified as an "Advanced Emergency Medical
42 Technician - Ambulance" as set forth in section 56-1012(4)(d), Idaho Code,
43 the practitioner may perform those acts authorized for that certificate,
44 including minor office procedures;
45 (b) If the practitioner has training or experience that would allow the
46 practitioner to safely and skillfully perform acts which are beyond the
47 scope of practice authorized for registrants, but are not outside the
48 scope of practice authorized for licensed practitioners, the practitioner
49 may petition the board for specialized practice certification which, if
50 granted, will allow the practitioner to practice within the parameters set
51 by the board.
52 (3) A practitioner certified pursuant to this chapter may adopt and use
53 the title of "certified natural health professional" or its abbreviation
54 "CNHP".
6
1 54-5009. REQUIREMENTS FOR LICENSURE -- SCOPE OF PRACTICE. (1) Practitio-
2 ners registered pursuant to this chapter may become licensed by:
3 (a) Submitting a completed application form and paying the fee for licen-
4 sure as established by the board; and either
5 (b) Giving satisfactory proof to the board of the person's graduation
6 from:
7 (i) A course of study from a college or university granting the
8 degree of doctor of naturopathy or doctor of naturopathic medicine
9 accredited by an accrediting agency recognized by the state or fed-
10 eral government; or
11 (ii) A college or university granting the degree of doctor of natu-
12 ropathy, or doctor of naturopathic medicine that has the status of
13 candidate for accreditation with the accrediting agency; or
14 (iii) A postgraduate degree-granting college or university of the
15 healing arts acceptable to the board. Such college or university
16 shall require a minimum of sixty (60) semester units for admission
17 and a minimum of four thousand (4,000) hours in basic and clinical
18 sciences, naturopathic philosophy, naturopathic modalities, and
19 naturopathic medicine, of which not less than two thousand (2,000)
20 hours shall be academic instruction and not less than two thousand
21 (2,000) hours shall be school or college approved supervised clinical
22 training. The college or university shall provide adequate instruc-
23 tion to maintain naturopathic medicine as a separate and distinct
24 healing art; or
25 (c) Giving proof of licensure in a state, territory, District of Colum-
26 bia, foreign country or other governmental entity with requirements simi-
27 lar to the requirements for licensure established by either this chapter
28 or the board; or
29 (d) Providing proof of training or experience that, in the opinion of the
30 board, is sufficiently comparable to the requirements of paragraphs (b)
31 and (c) of this subsection to justify the granting of licensure.
32 (2) In addition to those acts authorized by subsection 54-5007(2), Idaho
33 Code, persons licensed by the board may, subject to proof of sufficient study,
34 training or experience acceptable to the board, perform additional acts as
35 follows:
36 (a) Dispensing, administering and prescribing those substances and
37 devices listed on the natural medicine formulary; and
38 (b) Diagnosis and treatment of human health conditions, injuries and dis-
39 eases, except lesions contemplated to be suspicious of malignancy and
40 requiring surgical removal; and
41 (c) Minor office procedures; and
42 (d) Administration of local anesthetics applied to the surface of the
43 skin or injected into the superficial tissue to the extent necessary to
44 safely perform minor office procedures; and
45 (e) Diagnostic procedures, including phlebotomy, clinical laboratory
46 tests, speculum examinations and physiological function tests; and
47 (f) Diagnostic and imaging tests may be ordered by, but may not be per-
48 formed by a licensed practitioner, and must be referred to a physician
49 licensed pursuant to chapter 18, title 54, Idaho Code, for interpretation;
50 and
51 (g) Childbirth attendance privileges for those licensees who can document
52 to the board training and experience equal to or greater than that
53 required by the rules of the Idaho board of nursing pursuant to section
54 54-1404, Idaho Code, and where the applicant meets the practice standards
55 governing hospital privileges and supervising physicians established by
7
1 the Idaho board of nursing; and
2 (h) If the practitioner has sufficient study, training or experience that
3 would allow the practitioner to safely and skillfully perform acts which
4 are beyond the scope of practice for other licensees, the practitioner may
5 petition the board for specialized practice certification that, if
6 granted, will allow the practitioner to practice within the parameters set
7 by the board.
8 (3) A practitioner licensed pursuant to this chapter may adopt and use
9 the title of "naturopathic physician," "naturopathic doctor," "physician of
10 naturopathic medicine," and "physician of natural medicine." A licensed prac-
11 titioner who has graduated from any institution identified in subsection
12 (1)(b) of this section, which has granted the practitioner a "doctor of
13 naturopathic medicine" degree may also adopt and use the title of "doctor of
14 naturopathic medicine," or its abbreviation "N.M.D."
15 54-5010. PUBLIC HEALTH AUTHORITY AND RESPONSIBILITY. A licensed practi-
16 tioner has the same authority and responsibility as other licensed physicians
17 regarding public health laws, reportable diseases and conditions, communicable
18 disease control and prevention, recording vital statistics, and performing
19 health and physical examinations.
20 54-5011. UNCONVENTIONAL TREATMENT -- DISCLOSURE REQUIRED. (1) Before a
21 practitioner provides to a person any treatment that an ordinary and reason-
22 able practitioner would consider unconventional, the practitioner shall:
23 (a) Disclose the following information to the board:
24 (i) A listing of all study, training and education that the practi-
25 tioner has received, both formal and informal which relates to the
26 unconventional treatment, including all degrees awarded and certifi-
27 cates received and from whom awarded or received, specifying the
28 total hours of classroom or other study, internship, residency or
29 apprenticeship completed and setting out the hours spent on each
30 subtopic.
31 (ii) A listing of all states in which the practitioner holds a
32 license, registration or certification to provide health care.
33 (iii) A statement, in plain language, of the unconventional treatment
34 which the practitioner is offering as natural health care.
35 (b) On a form approved by the board, disclose to each person offered the
36 unconventional treatment that the practitioner:
37 (i) Is not a medical doctor or psychologist; and
38 (ii) Is not authorized to perform surgery, prescribe, dispense or
39 administer prescription drugs; and
40 (iii) Is not authorized to diagnose specifically psychological ail-
41 ments or conditions; and
42 (iv) Is not authorized to offer or provide any treatment or therapy
43 that involves sexual stimulation as natural health care.
44 (v) The form shall also include a statement that the practitioner
45 is not authorized to diagnose or treat any lesion contemplated to be
46 suspicious of malignancy or requiring surgical removal and that such
47 condition must be referred to a physician licensed pursuant to chap-
48 ter 18, title 54, Idaho Code. The form shall also state that the
49 practitioner can only treat such condition if the person has been
50 advised to seek or is receiving concurrent treatment by a licensed
51 medical physician. The form shall also state that, upon request, the
52 person is entitled to copies of his permanent treatment file.
53 (c) Offer to each such person a board approved summary of the information
8
1 required in subsection (1)(a) and (b) of this section;
2 (d) Obtain from each such person, on a form approved by the board, a
3 written acknowledgment that the disclosure required in this section has
4 been made, with the date of disclosure, information disclosed and express
5 consent of the person receiving care being set out fully in the acknowl-
6 edgment.
7 (2) For each date on which unconventional treatment is rendered, a prac-
8 titioner must maintain a permanent and appropriately detailed record of treat-
9 ment that must be retained for at least seven (7) years. Such records shall be
10 made available at all reasonable times upon request of the person to whom they
11 pertain.
12 54-5012. NATURAL MEDICINE FORMULARY COUNCIL -- FORMULARY. (1) There is
13 hereby established a natural medicine formulary council, which is separate and
14 distinct from the board and shall be composed of five (5) members. One (1)
15 member shall be a licensed member of the board of natural health care
16 appointed to the council by the board. One (1) member shall be a practitioner
17 licensed pursuant to this chapter appointed to the council by the board. One
18 (1) member shall be a pharmacist licensed pursuant to chapter 17, title 54,
19 Idaho Code, and appointed to the council by the board of natural health care
20 from a list of nominees provided by the Idaho state board of pharmacy. One (1)
21 member shall be a physician licensed pursuant to chapter 18, title 54, Idaho
22 Code, and appointed to the council by the board of natural health care from a
23 list of nominees provided by the Idaho state board of medicine. One (1) member
24 shall be a person appointed to the council by the board from a list of nomi-
25 nees provided jointly by the Idaho state board of medicine and the Idaho state
26 board of pharmacy. The members shall serve at the pleasure of the board. The
27 purpose of the council is to study various substances suggested by the members
28 for inclusion in the natural medicine formulary.
29 (2) The council shall include within the natural medicine formulary only
30 those substances that are valuable as natural medicines for preventive and
31 therapeutic purposes and which are derived from or are substantially similar
32 in either molecular structure or function to substances from natural sources,
33 including food, extracts of foods, nutraceuticals, vitamins, minerals,
34 enzymes, botanicals and their extracts, and homeopathic medicines prepared
35 according to the homeopathic pharmacopoeia of the United States, and all
36 dietary supplements and nonprescription drugs as defined by the federal food,
37 drug and cosmetic act. Nothing herein shall allow a naturopathic physician to
38 dispense, administer or prescribe any legend drug as defined in section
39 54-1705(27), Idaho Code, or prescription device unless such is either a drug
40 specifically included in the natural medicine formulary by applicable scien-
41 tific and chemical name or a prescription device included in the formulary by
42 specific medical description for devices. The natural medicine formulary shall
43 not include medicines and devices that are inconsistent with the training pro-
44 vided by those institutions described in subsection (1)(b) of section 54-5009,
45 Idaho Code, natural medicines and devices covered by approved naturopathic
46 education and training and existing naturopathic formularies, or board
47 approved continuing education.
48 (3) The council shall meet annually to review the suitability of those
49 substances on the formulary. The council shall meet up to twice annually at
50 the request of the board to consider the suitability of additional substances
51 for addition to the formulary. Immediately upon adoption or revision of the
52 formulary, the council shall transmit the approved formulary to the board,
53 which shall adopt the formulary by temporary rule.
9
1 54-5013. LICENSE FEES -- RENEWAL FEES. (1) All fees received under the
2 provisions of this chapter shall be paid to the department of self-governing
3 agencies, bureau of occupational licenses, and deposited to the state treasury
4 to the credit of the occupational licenses fund. All costs and expenses incur-
5 red under the provisions of this chapter shall be a charge against and paid
6 from the fund. In no case shall any salary, expense or other obligation of
7 the board be charged against the general fund.
8 (2) A license or certification issued under the provisions of this chap-
9 ter shall be subject to annual renewal and shall expire unless renewed in the
10 manner prescribed by the rules of the board, upon payment of a renewal fee.
11 (3) The board shall establish fees relating to licensing, certification
12 and specialized practice certification up to the amounts set out below, which
13 fees shall be established only in an amount that is sufficient to defray all
14 costs necessary for the administration of this chapter.
15 (a) Initial license fee ......................................... $500.00
16 (b) License renewal fee ......................................... $500.00
17 (c) Initial certification fee ................................... $300.00
18 (d) Certification renewal fee ................................... $200.00
19 (e) Late renewal penalty fee .................................... $ 50.00
20 (f) Duplicate license fee ....................................... $ 50.00
21 (g) Reinstatement fee ........................................... $ 50.00
22 (h) Specialized practice certification fee ...................... $200.00
23 54-5014. SUSPENSION AND REVOCATION. To protect the health, safety and
24 welfare of the public, the board, in accordance with the requirements of chap-
25 ter 52, title 67, Idaho Code, may refuse to issue a license or certification,
26 refuse to renew a license, certification or registration, or may suspend or
27 revoke a license, certification or registration, under such conditions as the
28 board may determine, if the applicant or holder of the license, certification
29 or registration:
30 (1) Has been convicted of a felonious act, or crime involving moral tur-
31 pitude; or
32 (2) Obtained a license, certification or registration pursuant to this
33 chapter by means of fraud, misrepresentation or concealment of material facts;
34 or
35 (3) Has endangered the health of any person by engaging in the practice
36 of natural health care in a manner which does not meet the generally accepted
37 standards for the practice of natural health care within the state of Idaho;
38 or
39 (4) Has failed to maintain the confidentiality of records or other infor-
40 mation pertaining to an identifiable client, except as required or authorized
41 by law; or
42 (5) Engaged in any conduct that constitutes an abuse or exploitation of a
43 person arising out of the trust and confidence placed in the practitioner by
44 that person; or
45 (6) Has practiced natural health care when the physical, emotional or
46 mental abilities are impaired by the use of controlled substances or other
47 drugs, chemicals or alcohol or otherwise; or
48 (7) Has practiced outside the scope of practice authorized for the indi-
49 vidual.
50 54-5015. PENALTIES. (1) A person who violates any provision of this chap-
51 ter shall, upon conviction, be guilty of a misdemeanor.
52 (2) The board may seek injunction against any person who practices natu-
53 ral health care in violation of this chapter and may, in the event a permanent
10
1 injunction is entered against such person or plea or verdict of guilty is
2 entered in any criminal matter, impose a civil penalty in the amount of all
3 costs and fees incurred by the board in prosecuting the matter.
4 (3) The representation to another person that a person is licensed, cer-
5 tified or registered or holds licensure, certification or registration pursu-
6 ant to this chapter, when such representation is untrue, constitutes the using
7 of a method, act, or practice which is declared to be unlawful under the pro-
8 visions of chapter 6, title 48, Idaho Code.
STATEMENT OF PURPOSE
RS 12971
Recognizes Natural Health Care as a modality of health care
and provides for registration, certification and licensure of
practitioners at various levels; establishes a board; provides
for scope of practice and authorizes unconventional care under
certain circumstances. Naturopaths and other natural health care
providers are currently providing health care with no regulatory
agency supervising the safety of such care, except the courts.
The court system is an inefficient method for defining areas like
scope of practice and standards for practice.
FISCAL IMPACT
There will be no impact to the general fund. The board will
be funded by licensing fees which will be deposited in a
dedicated fund and used for payment of expenses arising from
implementation of the chapter.
Contact
Name: Rep. Bill Sali
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 23