2003 Legislation
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HOUSE BILL NO. 373 – Naturopathic physicians, licensure

HOUSE BILL NO. 373

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H0373.........................................................by STATE AFFAIRS
NATUROPATHIC PHYSICIANS - Adds to existing law to provide for the regulation
and licensure of practitioners of naturopathic medicine; to define the scope
of practice; to specify prohibitions; to specify exemptions; to provide for
the creation of the Board of Naturopathic Medical Examiners; to specify powers
and duties of the board; to provide for the establishment of the Naturopathic
Formulary Council; to specify fees; to provide qualifications for licensure;
to provide a restricted licensure of current practitioners of naturopathic
medicine; to provide license standards for out-of-state applicants; to provide
for investigation, hearings and subpoena powers; to provide disciplinary
action; to provide for denial or revocation procedure; and to provide
enforcement penalties.
                                                                        
03/17    House intro - 1st rdg - to printing
03/19    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 373
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NATUROPATHIC MEDICINE; AMENDING TITLE 54, IDAHO CODE, BY THE ADDI-
  3        TION OF A NEW CHAPTER 50, TITLE 54, IDAHO CODE, TO PROVIDE A STATEMENT  OF
  4        LEGISLATIVE  PURPOSE,  TO  PROVIDE  DEFINITIONS,  TO REQUIRE A LICENSE, TO
  5        DEFINE SCOPE OF PRACTICE, TO SPECIFY PROHIBITIONS, TO SPECIFY  EXEMPTIONS,
  6        TO  PROVIDE  CREATION  OF  THE BOARD OF NATUROPATHIC MEDICAL EXAMINERS, TO
  7        SPECIFY POWERS AND DUTIES OF THE BOARD, TO PROVIDE  ESTABLISHMENT  OF  THE
  8        NATUROPATHIC FORMULARY COUNCIL, TO SPECIFY FEES, TO PROVIDE QUALIFICATIONS
  9        FOR  LICENSURE, TO PROVIDE A RESTRICTED LICENSURE OF CURRENT PRACTITIONERS
 10        OF NATUROPATHIC MEDICINE, TO PROVIDE LICENSE  STANDARDS  FOR  OUT-OF-STATE
 11        APPLICANTS, TO PROVIDE FOR INVESTIGATION, HEARINGS AND SUBPOENA POWERS, TO
 12        PROVIDE  DISCIPLINARY  ACTION,  TO PROVIDE FOR DENIAL OR REVOCATION PROCE-
 13        DURE, TO PROVIDE ENFORCEMENT PENALTIES, AND TO PROVIDE SEVERABILITY.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Title 54, Idaho Code, be, and the same is hereby  amended
 16    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 17    ter 50, Title 54, Idaho Code, and to read as follows:
                                                                        
 18                                      CHAPTER 50
 19                        NATUROPATHIC PHYSICIANS LICENSING ACT
                                                                        
 20        54-5001.  PURPOSE. To protect the public health, safety  and  welfare  and
 21    provide for state administrative supervision, licensure, regulation and disci-
 22    plinary  procedures,  every person providing naturopathic medical services who
 23    meets and maintains the standards  of practice and code of ethics  as  adopted
 24    by  the board shall be licensed, unless otherwise exempted herein, as provided
 25    in this chapter.
                                                                        
 26        54-5002.  DEFINITIONS. As used in this chapter, the following  terms  have
 27    the meanings as stated:
 28        (1)  "Approved naturopathic medical program" means:
 29        (a)  A course of study from a college or university granting the degree of
 30        doctor of naturopathy or doctor of naturopathic medicine accredited by  an
 31        accrediting agency recognized by the state or federal government; or
 32        (b)  A college or university granting the degree of doctor of naturopathy,
 33        or    doctor   of  naturopathic medicine that meets all requirements of an
 34        accrediting agency recognized by the state or federal government, and  has
 35        applied  for and has been recognized as a candidate for accreditation with
 36        the accrediting agency; or
 37        (c)  A postgraduate degree-granting college or university of  the  healing
 38        arts  approved  by the board and state or federal accrediting agency. Such
 39        college or university shall require a minimum of sixty (60) semester units
 40        for admission and a minimum of four thousand (4,000) hours  in  basic  and
 41        clinical  sciences,  naturopathic philosophy, naturopathic modalities, and
                                                                        
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  1        naturopathic medicine, of which not less than two thousand  (2,000)  hours
  2        shall be academic instruction and not less than two thousand (2,000) hours
  3        shall be school or college approved supervised clinical training. The col-
  4        lege   or  university  shall  provide  adequate  instruction  to  maintain
  5        naturopathic  medicine as a separate and distinct healing art.
  6        (2)  "Board" means the board of  naturopathic  medical  examiners  created
  7    pursuant to section 54-5007, Idaho Code.
  8        (3)  "Minor  office  procedures" means the methods for the repair and care
  9    incidental  to superficial lacerations and abrasions, superficial lesions lim-
 10    ited to warts and epitheliomas and the removal of foreign  bodies  located  in
 11    the superficial tissues.
 12        (4)  "Naturopathic  formulary"  means  the list of natural medicines which
 13    naturopathic physicians use in the practice of their profession, as determined
 14    by the formulary council and reviewed by the board.
 15        (5)  "Naturopathic formulary council" means that council comprised of mem-
 16    bers appointed pursuant to this chapter to determine and authorize the  formu-
 17    lary list.
 18        (6)  "Naturopathic  medicine"  means  a distinct and comprehensive  system
 19    of primary health care practiced by naturopathic physicians  for  the  preven-
 20    tion,  diagnosis  and treatment  of human health conditions, injuries and dis-
 21    eases, that uses education, natural medicines  and therapies  to  promote  and
 22    restore  health  by  support  and stimulation of the individual's self-healing
 23    processes.
 24        (7)  "Naturopathic  physician" and all titles defined in  section  54-5003
 25    (2),  Idaho  Code,  means   a  person  authorized  and  licensed  to  practice
 26    naturopathic medicine pursuant to this chapter.
 27        (8)  "Naturopathy"  means  a  philosophy  of  healing that employs natural
 28    modalities that may be utilized by naturopathic physicians and  other  persons
 29    not licensed under this chapter.
                                                                        
 30        54-5003.  LICENSE  REQUIRED.  (1) The terms "naturopath" and "naturopathy"
 31    are public domain, however, no person shall practice or  hold himself  out  to
 32    others, as a naturopathic physician without first applying for and receiving a
 33    license to engage in that practice.
 34        (2)  A person holds himself out to others as a naturopathic physician when
 35    such  person  adopts  or uses any title or description including "naturopathic
 36    physician,"  "naturopathic  doctor,"  "physician  of  naturopathic  medicine,"
 37    "physician of natural medicine," "doctor of naturopathy,"  or   its  abbrevia-
 38    tion,  "N.D.," "doctor of naturopathic medicine," or its abbreviation "N.M.D."
 39    Unless a person  has  graduated  from  an  accredited   school  granting   the
 40    "doctor   of  naturopathic  medicine" degree, abbreviated  as "N.M.D.," and is
 41    licensed under this chapter, neither the title nor  the  abbreviation  may  be
 42    used.
 43        (3)  The  titles  and  terms  in  subsection  (2) of this section identify
 44    naturopathic physicians and  are  restricted  to  describing  and  identifying
 45    licensed practitioners.
                                                                        
 46        54-5004.  SCOPE  OF  PRACTICE.  (1)  Diagnostic procedures. A naturopathic
 47    physician  may  use  physical  and  laboratory  examinations  consistent  with
 48    naturopathic  education  and  training  for  diagnostic   purposes   including
 49    phlebotomy, clinical laboratory tests, speculum examinations and physiological
 50    function  tests.  A  naturopathic  physician  may order diagnostic and imaging
 51    tests consistent with naturopathic  education  and  training.  All  diagnostic
 52    tests,  including   an  electrocardiogram,  must  be  referred  to a physician
 53    licensed pursuant to chapter 18, title 54, Idaho  Code,  for  performance  and
                                                                        
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  1    interpretation.
  2        (2)  Natural  medicines.  Naturopathic physicians  are  authorized to dis-
  3    pense, administer and prescribe:  (a)  nonprescription  substances,  including
  4    food,   extracts   of  foods,  nutraceuticals,  vitamins,  minerals,  enzymes,
  5    botanicals and their extracts, and homeopathic medicines prepared according to
  6    the Homeopathic Pharmacopoeia of the United States, and  all  dietary  supple-
  7    ments  and nonprescription substances as defined by the federal food, drug and
  8    cosmetic act; and (b) prescription  substances  authorized  by  the  formulary
  9    council.
 10        (3)  Therapies.  A  naturopathic physician may: (a) administer, prescribe,
 11    and dispense, natural medicine and devices from  the  naturopathic  formulary;
 12    and  (b) perform minor office procedures pursuant to privileges granted by the
 13    naturopathic board of examiners; and (c)  perform  therapies  as  approved  by
 14    board rule.
                                                                        
 15        54-5005.  PROHIBITIONS. A naturopathic physician shall not:
 16        (1)   Prescribe, dispense or administer any controlled substance or device
 17    identified under the controlled substance act, chapter  27,  title  37,  Idaho
 18    Code,  or  identified  in the federal controlled substance act, 21 U.S.C. sec-
 19    tions 801 through 971 (1988), except as authorized by this chapter;
 20        (2)  Perform surgical procedures  except  those  minor  office  procedures
 21    authorized by this chapter;
 22        (3)  Practice  or  claim  to practice as a medical doctor, osteopath, den-
 23    tist, podiatrist, optometrist, advanced practice professional nurse, physician
 24    assistant, chiropractor,  physical  therapist,  acupuncturist,  or  any  other
 25    health care professional not authorized in this chapter unless licensed by the
 26    state of Idaho to do so;
 27        (4)  Use general or spinal anaesthetics;
 28        (5)  Administer ionizing radioactive substances for therapeutic purposes;
 29        (6)  Perform surgical procedures using a laser device;
 30        (7)  Perform or procure an unlawful abortion or aid or abet the performing
 31    of an unlawful abortion;
 32        (8)  Perform surgical procedures involving the eye or ear;
 33        (9)  Perform  any  surgical  procedure involving tendons, nerves, veins or
 34    arteries extending beyond superficial tissue;
 35        (10) Remove any lesion contemplated to  be  suspicious  of  malignancy  or
 36    requiring  surgical  removal.  Lesions  requiring  surgical  removal  shall be
 37    referred to a physician licensed pursuant to chapter 18, title 54, Idaho Code.
 38        (11) Nothing in this chapter shall negate previous court decisions or cur-
 39    rent Idaho Code.
                                                                        
 40        54-5006.  EXEMPTIONS.  This  chapter  is  not  intended  to  prohibit   or
 41    restrict:
 42        (1)  The  practice of a profession by individuals who are licensed, certi-
 43    fied or registered under other laws of this state and are performing  services
 44    within the authorized scope of practice; or
 45        (2)  The  practice  of  naturopathic medicine by an individual employed by
 46    the  federal government while the individual is engaged in the performance  of
 47    duties prescribed by the laws and regulations of the United States; or
 48        (3)  An individual rendering aid to a family member or  in  an  emergency,
 49    when  no  fee  or  other  consideration  for the service is charged, received,
 50    expected or contemplated; or
 51        (4)  A person engaged in the sale of vitamins, health foods, dietary  sup-
 52    plements,  herbs, or other products of nature, the sale of which is not other-
 53    wise prohibited under state or federal law; or
                                                                        
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  1        (5)  A person engaged in good faith for religious reasons as a  matter  of
  2    conscience or based on a personal belief; or
  3        (6)  A  person  who administers treatment or provides advice regarding the
  4    human body and its function that:
  5        (a)  Does not use legend drugs or prescription drugs in such practice;
  6        (b)  Does not recommend the discontinuance of prescribed drugs;
  7        (c)  Uses natural elements such as air, heat, water and light;
  8        (d)  Only uses class I or  class  II  nonprescription,  approved,  medical
  9        devices  as defined in section 513 of the federal food, drug, and cosmetic
 10        act;
 11        (e)  Uses only vitamins, minerals, herbs, homeopathics, natural food prod-
 12        ucts and their extracts, and nutritional supplements;
 13        (f)  Does not perform surgery;
 14        (g)  Requires each person receiving services  to  sign  a  declaration  of
 15        informed  consent which includes an overview of the health care provider's
 16        education which states that the health care provider is not licensed under
 17        this chapter.
 18        (7)  The practice by a naturopathic physician  duly  licensed  in  another
 19    state,  territory or the District of Columbia when that naturopathic physician
 20    is incidentally called into this state for consultation with a licensed physi-
 21    cian;
 22        (8)  The practice of naturopathic medicine by students  enrolled   in   an
 23    approved naturopathic medical program. Services shall be performed pursuant to
 24    a course of instruction or assignments from an instructor and under the super-
 25    vision and observation of the instructor.
                                                                        
 26        54-5007.  BOARD  OF  NATUROPATHIC  MEDICAL  EXAMINERS. (1) There is hereby
 27    established in the department of self-governing agencies,  bureau  of  occupa-
 28    tional licenses, the board of naturopathic medical examiners.  Members thereof
 29    shall be appointed by the governor.
 30        (2)  The  board  shall consist of five (5) members, four (4) of whom shall
 31    be licensed pursuant to this chapter and one (1) of whom shall be a member  of
 32    the  public with an interest in the rights of consumers of naturopathic physi-
 33    cian services.
 34        (3)  Appointments to the board shall be made by the governor from  nomina-
 35    tions  received  from  professional  naturopathic  physician associations, who
 36    shall nominate at least two (2) but no more than four  (4)  persons  qualified
 37    for each position to be filled.
 38        (4)  All members of the board shall be residents of the state of Idaho for
 39    the  duration  of their appointment and shall have been residents of the state
 40    of Idaho for a minimum of three (3) years immediately preceding appointment.
 41        (5)  The initial four (4) licensed naturopathic physician members  of  the
 42    board  shall be persons with at least two (2) years of experience in the prac-
 43    tice of naturopathic medicine who are eligible to become licensed pursuant  to
 44    this chapter.
 45        (6)  The initial board shall be appointed for staggered terms, the longest
 46    of  which shall not exceed five (5) years. After the initial appointments, all
 47    terms shall be five (5) years and a member may be appointed for a second term.
 48    No member shall serve more than two (2) terms. In the event of death, resigna-
 49    tion or removal of any member before the  expiration  of  the  term  to  which
 50    appointed, the vacancy shall be filled for the unexpired portion of  the  term
 51    in the same manner as the original appointment.
 52        (7)  The  governor  may remove any member of the board for cause, prior to
 53    the expiration of the member's appointment.
 54        (8)  The board, within thirty (30) days  after  its  appointment,  and  at
                                                                        
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  1    least    annually  thereafter,  shall hold a meeting and elect a chairman. The
  2    board may hold additional meetings on the call of the chair or at the  written
  3    request  of  any two (2) members of the board. The board may appoint such com-
  4    mittees as it considers necessary to carry out its duties. A majority  of  the
  5    board shall constitute a quorum.
                                                                        
  6        54-5008.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
  7    ity to:
  8        (1)  Determine the qualifications of persons applying for licensure pursu-
  9    ant to this chapter and define, by rule, the appropriate scope of naturopathic
 10    medicine  in  this state, provided however, that the scope of practice may not
 11    exceed that defined in sections 54-5002(6) and 54-5004, Idaho Code;
 12        (2)  Grant approval for naturopathic childbirth attendance  privileges  to
 13    those  licensees who apply, provided that such applicant can document training
 14    and experience equal to or greater than that required  by  the  rules  of  the
 15    Idaho  board  of nursing pursuant to section 54-1404, Idaho Code, and that the
 16    applicant meets the  practice  standards  governing  hospital  privileges  and
 17    supervising  physicians  established  by  the  Idaho  board of nursing and the
 18    applicant holds hospital privileges or  performs  such  procedures  under  the
 19    supervision of an M.D.;
 20        (3)  Establish special competency certification requirements for licensees
 21    as deemed necessary by action of the board;
 22        (4)  Adopt  rules  that  govern action limiting the scope of practice of a
 23    licensee;
 24        (5)  Hire and appoint employees, including an executive director, investi-
 25    gators, attorneys, consultants and independent hearing examiners;
 26        (6)  Adopt such rules as are necessary  for  the  administration  of  this
 27    chapter, including standards of professional conduct;
 28        (7)  Conduct investigations and examinations and hold hearings;
 29        (8)  Collect fees and other funds as prescribed by this chapter;
 30        (9)  Contract,  sue  and  be sued, and pursue other matters lawful in this
 31    state relating to naturopathic medicine;
 32        (10) Provide such other services and perform such other functions  as  are
 33    necessary and desirable to fulfill its purposes;
 34        (11) Establish by rule examination standards for licensure and when exami-
 35    nations will be provided;
 36        (12) Establish  a  minimum  amount  and type of continuing education to be
 37    required annually for each naturopathic physician seeking licensure renewal;
 38        (13) Limit the performance of minor office procedures  to  physicians  who
 39    have  graduated from an approved naturopathic medical college or have certifi-
 40    cation as an "advanced emergency medical technician - ambulance" as set  forth
 41    in section 56-1012(4)(d), Idaho Code.
                                                                        
 42        54-5009.  NATUROPATHIC  FORMULARY  COUNCIL  ESTABLISHED.  There  is hereby
 43    established a naturopathic formulary council, which is separate  and  distinct
 44    from  the board, to be composed of five (5) members. One (1) member shall be a
 45    member of the board of naturopathic medical examiners, appointed by the board.
 46    One (1) member shall be a naturopathic physician licensed under this  chapter,
 47    appointed  by  the  board. One (1) member shall be a pharmacist licensed under
 48    chapter 17, title 54, Idaho Code, appointed by the board of naturopathic exam-
 49    iners from a list of nominees provided by the Idaho state board  of  pharmacy.
 50    One (1) member shall be a physician licensed under chapter 18, title 54, Idaho
 51    Code,  appointed  by the board of  naturopathic examiners from a list of nomi-
 52    nees  provided by the Idaho state board of medicine. One (1) member shall be a
 53    person appointed by the board from a list of nominees provided  by  the  Idaho
                                                                        
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  1    state  board  of medicine and the Idaho state board of pharmacy. The formulary
  2    list may not authorize the use of any substance beyond the  scope  of  natural
  3    substances and devices covered by approved naturopathic education and training
  4    and existing naturopathic formularies, or board approved continuing education.
  5    Naturopathic  physicians  are authorized to dispense, administer and prescribe
  6    substances derived from or substantially similar  in  molecular  structure  or
  7    function  to  natural sources. The list will be reviewed annually by the coun-
  8    cil, or at any time at the request of the board. Immediately upon adoption  or
  9    revision  of  the formulary, the council shall transmit the approved formulary
 10    to the board, which shall adopt  the  formulary  by  temporary  rule.  Nothing
 11    herein  shall  allow  a naturopathic physician to dispense, administer or pre-
 12    scribe any legend drug as defined in  section 54-1705(27), Idaho Code, or pre-
 13    scription device unless  such legend drug or prescription device  is  specifi-
 14    cally  included  in  the  naturopathic  formulary by applicable scientific and
 15    chemical name for drugs, and by specific medical description for devices.
                                                                        
 16        54-5010.  FEES. (1) All fees received under the provisions of this chapter
 17    shall be paid to the department of self-governing agencies, bureau of  occupa-
 18    tional  licenses,  and  deposited  to  the state treasury to the credit of the
 19    occupational licenses fund. All costs and expenses incurred under  the  provi-
 20    sions of this chapter shall be a charge against and paid from said fund. In no
 21    case  shall  any  salary,  expense or other obligation of the board be charged
 22    against the general fund.
 23        (2)  The board, by rule, may impose the following fees up to  the  amounts
 24    listed below:
 25        (a)  License fee...................................................$500
 26        (b)  Renewal fee...................................................$500
 27        (c)  Late renewal penalty fee......................................$100
 28        (d)  Duplicate license fee.........................................$ 50
 29        (e)  Reinstatement fee.............................................$ 50
                                                                        
 30        54-5011.  QUALIFICATIONS FOR LICENSURE. To be eligible for  a  license  to
 31    practice naturopathic medicine in the state of Idaho, the applicant shall:
 32        (1)  Be  a  graduate of an approved naturopathic medical program in accor-
 33    dance with  section  54-5002(1),  Idaho  Code,  and  pass  or  have  passed  a
 34    competency-based  examination  approved  by the board covering the appropriate
 35    naturopathic subjects, including basic and clinical sciences;
 36        (2)  Possess a good ethical and professional reputation;
 37        (3)  Be physically and mentally capable of safely practicing  naturopathic
 38    medicine with or without reasonable accommodation;
 39        (4)  Have  never  had a license to practice naturopathic medicine refused,
 40    revoked or suspended by any other state or country for reasons that relate  to
 41    the  applicant's  ability to skillfully and safely practice naturopathic medi-
 42    cine unless that license has been restored to good standing by that  state  or
 43    country; and
 44        (5)  File a board approved application and pay the licensing fees.
                                                                        
 45        54-5012.  RESTRICTED  LICENSURE  OF  CURRENT PRACTITIONERS OF NATUROPATHIC
 46    MEDICINE. (1) Any practitioner  who  cannot  prove  sufficient  education  and
 47    training  to  be  licensed  as  required in section 54-5002(1)(a), (b) or (c),
 48    Idaho Code, but who can:
 49        (a)  Provide evidence of four thousand (4,000)  hours  of  board  approved
 50        basic science and clinical naturopathic training and education;
 51        (b)  Comply with section 54-5011(2) through (4), Idaho Code;
 52        (c)  Hold  himself  out  as a naturopathic physician for the past five (5)
                                                                        
                                           7
                                                                        
  1        years and has received a majority of his income from said practice, may be
  2        eligible for a restricted license granted by the board under such rules as
  3        the board may adopt with a scope of practice limited to that determined by
  4        the board to be justified and in accordance with such practitioner's  edu-
  5        cation  and training. A restricted license shall exclude minor office pro-
  6        cedures, dispensing prescription substances contained in the  naturopathic
  7        formulary,  and diagnostic and imaging tests. Each person receiving health
  8        care services from practitioners granted a restricted license must sign  a
  9        declaration of informed consent, approved and provided by the board, which
 10        states the scope of each practitioner's practice.
 11        (2)  Nothing  in this section is to be construed to allow any naturopathic
 12    physician embraced by this section to increase his scope of  practice  without
 13    appropriate additional education, training, and testing approved by the board.
 14        (3)  Applications must be submitted to the board within one hundred eighty
 15    (180)  days  from  the date on which this chapter takes effect, and payment of
 16    the licensing fees must accompany the application.  Failure  of  persons  cur-
 17    rently  practicing  naturopathic medicine in this state to apply for licensure
 18    within the one hundred eighty (180) day period, and the continuation of  prac-
 19    tice  after  that  date, shall cause such persons to be subject to prosecution
 20    under section 54-5017, Idaho Code.
                                                                        
 21        54-5013.  LICENSE STANDARDS FOR OUT-OF-STATE APPLICANTS. The board   shall
 22    establish  by  rule  the  standards  for  licensure  of applicants licensed in
 23    another jurisdiction. However, the  standards  for  endorsement  of  licensure
 24    shall not be less than those required for licensure in the state of Idaho.
                                                                        
 25        54-5014.  INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall inves-
 26    tigate,  or  cause to be investigated, all complaints made to it and all cases
 27    of noncompliance with this chapter.
 28        (2)  The board may conduct hearings  to  assist  with  investigations,  to
 29    determine  whether  grounds  exist  for  suspension, revocation or denial of a
 30    license or to fulfill its responsibilities under this  chapter  as  the  board
 31    otherwise determines necessary.
 32        (3)  The  board may subpoena witnesses, administer oaths in any hearing or
 33    disciplinary proceedings and compel, by subpoena duces tecum,  the  production
 34    of papers and records.
                                                                        
 35        54-5015.  DISCIPLINARY  ACTION. The board may suspend, revoke or refuse to
 36    issue or renew a license on any of the following grounds:
 37        (1)  The employment of fraud or deceit in obtaining a license  under  this
 38    chapter  or  in connection with services rendered as a naturopathic physician;
 39        (2)  A legal finding of mental incompetence;
 40        (3)  Aiding or abetting a person, not duly licensed under this chapter, in
 41    claiming to be a naturopathic physician;
 42        (4)  Any negligence, incompetence or  misconduct  in  the  performance  of
 43    naturopathic medicine;
 44        (5)  Conviction of any felonious crime, which constitutes a crime of moral
 45    turpitude;
 46        (6)  Practicing as a naturopathic physician when physical or mental abili-
 47    ties  are  impaired by the use of controlled substances or other drugs, chemi-
 48    cals or alcohol;
 49        (7)  Failure of the individual practitioner to maintain his or her profes-
 50    sional premises in a clean and sanitary condition;
 51        (8)  Any person licensed in accordance with this chapter  whose  scope  of
 52    practice  has  been  limited  by  the board pursuant to section 54-5004, Idaho
                                                                        
                                           8
                                                                        
  1    Code, and who performs any act not authorized in his or her limited  scope  of
  2    practice, which constitutes the practice of naturopathic medicine;
  3        (9)  Any   other   good  cause  relevant  to  qualifications  to  practice
  4    naturopathic medicine;
  5        (10) Findings that a licensee's practice is unconventional in the  absence
  6    of  demonstrable  harm to a patient and the patient has signed a waiver to the
  7    effect that the treatment or device is considered unconventional.
                                                                        
  8        54-5016.  LICENSE DENIAL OR REVOCATION PROCEDURE. Where the board proposes
  9    to refuse to issue or renew a license, or proposes  to  revoke  or  suspend  a
 10    license,  opportunity  for  a  hearing  shall be pursuant to the provisions of
 11    chapter 52, title 67, Idaho Code.
                                                                        
 12        54-5017.  ENFORCEMENT PENALTIES. (1) A person who violates  any  provision
 13    of this chapter shall, upon conviction, be guilty of a misdemeanor.
 14        (2)  The  board  may  seek  injunction  against  any  person who practices
 15    naturopathic medicine in violation of this chapter and may,  in  the  event  a
 16    permanent  injunction  is  entered  against  such person or plea or verdict is
 17    entered in any criminal matter, impose a civil penalty in the  amount  of  all
 18    costs and fees incurred by the board in prosecuting the matter.
                                                                        
 19        54-5018.  SEVERABILITY. If any provision of this act or its application to
 20    any   person  or circumstance is held invalid, the remainder of the act or the
 21    application of  the  provision  to  other  persons  or  circumstances  is  not
 22    affected.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13184
Naturopathic medicine has advanced significantly in recent years
and has reached a level of sophistication equal to that enjoyed
by conventional medicine.  Naturopathic medicine is a distinct
health care profession and needs now to be recognized and
regulated as such.  This legislation will establish a licensure
procedure for naturopathic physicians, to include education
requirements, and other qualifying considerations.  It
establishes procedures for determining the allowable scope of
practice and finally, establishes a Board of Naturopathic
Medicine within the structure of the department of self-governing
agencies and the Bureau of Occupational Licensure.  

                          FISCAL IMPACT

There is no fiscal impact to the general fund.






Contact
Name: Larry Benton 
Phone: 208/461-2000 




STATEMENT OF PURPOSE/FISCAL NOTE                     H 373