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H0363......................................................by STATE AFFAIRS NATUROPATHS - Adds to and amends existing law to provide for the licensure of naturopaths. 03/21 House intro - 1st rdg - to printing 03/22 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 363 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NATUROPATHIC PHYSICIANS; AMENDING TITLE 54, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 51, TITLE 54, IDAHO CODE, TO PROVIDE LEGISLATIVE 4 PURPOSE AND INTENT, TO DEFINE TERMS, TO PROVIDE WHEN A LICENSE IS 5 REQUIRED, TO PROVIDE FOR SCOPE OF PRACTICE, TO PROVIDE FOR PROHIBITIONS, 6 TO PROVIDE FOR EXEMPTIONS, TO PROVIDE FOR DISCLOSURE BY THOSE PROVIDING 7 NATURAL HEALTH CARE SERVICES, TO CREATE A BOARD OF NATUROPATHIC MEDICAL 8 EXAMINERS, TO PROVIDE POWERS AND DUTIES OF THE BOARD, TO ESTABLISH A 9 NATUROPATHIC MEDICAL FORMULARY COUNCIL, TO PROVIDE FEES, TO PROVIDE QUALI- 10 FICATION FOR LICENSURE, TO PROVIDE LICENSE STANDARDS FOR OTHER 11 JURISDICTION'S APPLICANTS, TO PROVIDE FOR AN INVESTIGATION, TO PROVIDE FOR 12 A HEARING, TO PROVIDE FOR SUBPOENAS, TO PROVIDE DISCIPLINARY ACTION, TO 13 PROVIDE FOR A LICENSE DENIAL OR REVOCATION PROCEDURE, TO PROVIDE FOR 14 ENFORCEMENT PENALTIES AND TO PROVIDE SEVERABILITY; AND AMENDING SECTIONS 15 67-2601 AND 67-2602, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF 16 NATUROPATHIC MEDICAL EXAMINERS. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 19 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 20 ter 51, Title 54, Idaho Code, and to read as follows: 21 CHAPTER 51 22 NATUROPATHIC PHYSICIANS LICENSING ACT 23 54-5101. LEGISLATIVE PURPOSE. To protect the public health, safety and 24 welfare and provide for state administrative supervision, licensure, regula- 25 tion and disciplinary procedures, every person providing naturopathic medical 26 services who meets and maintains the standards of practice and code of ethics 27 as adopted by the board shall be licensed, unless otherwise exempted herein. 28 Every person who does not meet the naturopathic medical services licensing 29 standard provided herein but who provides natural health care services shall 30 provide those services within the parameters set forth in this chapter. 31 54-5102. DEFINITIONS. As used in this chapter, the following terms have 32 the meanings as stated: 33 (1) "Approved naturopathic medical program" means a doctoral level pro- 34 gram of supervised resident study in naturopathic medicine approved by the 35 board. 36 (2) "Board" means the board of naturopathic medical examiners created 37 pursuant to section 54-5108, Idaho Code. 38 (3) "Minor office procedures" means the methods for the repair and care 39 incidental to superficial lacerations and abrasions, superficial lesions and 40 the removal of foreign bodies located in the superficial tissues. 41 (4) "Naturopathic medical formulary" means the list of prescription medi- 2 1 cines which naturopathic physicians use in the practice of their profession, 2 as determined by the formulary council and reviewed by the board. 3 (5) "Naturopathic medical formulary council" means that council comprised 4 of members appointed pursuant to this chapter to determine and authorize the 5 formulary list. 6 (6) "Naturopathic medicine" means a distinct and comprehensive system of 7 primary health care practiced by naturopathic physicians for the prevention, 8 diagnosis and treatment of human health conditions, injuries and diseases. 9 (7) "Naturopathic physician" and all titles defined in section 10 54-5103(2), Idaho Code, means a person authorized and licensed to practice 11 naturopathic medicine under this chapter. 12 (8) "Natural health care services" means services where a person adminis- 13 ters treatment or provides advice regarding the human body and its functions 14 and who: 15 (a) Does not use legend drugs or prescription drugs in such practice; 16 (b) Uses natural elements such as air, heat, water and light; 17 (c) Only uses class I or class II nonprescription, approved, medical 18 devices as defined in section 513 of the federal food, drug and cosmetic 19 act; 20 (d) Only uses vitamins, minerals, herbs, natural food products and their 21 extracts, and nutritional supplements; and 22 (e) Does not perform surgery. 23 54-5103. LICENSE REQUIRED. (1) No person shall hold himself or herself 24 out to others as a naturopathic physician without first applying for and 25 receiving a license. No person shall practice naturopathic medicine without a 26 license issued pursuant to this chapter. Persons who are not licensed pursuant 27 to this chapter may provide natural health care services pursuant to section 28 54-5107, Idaho Code. 29 (2) A person holds himself or herself out to others as a naturopathic 30 physician when the person adopts or uses any or all of the following designa- 31 tions: "naturopathic physician," "physician of naturopathic medicine," 32 "physician of natural medicine," "doctor of naturopathic medicine," or its 33 abbreviation "N.M.D.," "doctor of naturopathy," "naturopathic doctor" or the 34 designation "N.D." 35 (3) The titles and terms in subsection (2) of this section identify 36 naturopathic physicians and are restricted to describing and identifying 37 licensed practitioners. No person who is not licensed under this chapter may 38 use such titles. 39 54-5104. SCOPE OF PRACTICE. (1) Diagnostic procedures. A naturopathic 40 physician may use physical and laboratory examinations consistent with 41 naturopathic medical education and training for diagnostic purposes. A 42 naturopathic physician may order and perform diagnostic and imaging tests con- 43 sistent with naturopathic medical education and training. All diagnostic and 44 imaging tests not consistent with naturopathic medical education and training, 45 must be referred for performance and interpretation by an appropriately 46 licensed health care professional. 47 (2) Naturopathic physicians are authorized to dispense, administer and 48 prescribe prescription drugs and medical devices determined by the 49 naturopathic medical formulary council, and authorized by the board. 50 (3) A naturopathic physician may perform minor office procedures pursuant 51 to privileges authorized by the board. 52 (4) A naturopathic physician may perform those therapies as trained and 53 educated and authorized by the board. 3 1 54-5105. PROHIBITIONS. A naturopathic physician shall not: 2 (1) Prescribe, dispense or administer any controlled substance or device 3 identified under the controlled substance act, chapter 27, title 37, Idaho 4 Code, or identified in the federal controlled substance act, 21 U.S.C. sec- 5 tions 801 through 971 (1988), as amended, except as authorized by this chap- 6 ter; 7 (2) Perform surgical procedures except those minor office procedures 8 authorized by this chapter; 9 (3) Practice or claim to practice as a medical doctor, osteopath, den- 10 tist, podiatrist, optometrist, psychologist, advanced practice professional 11 nurse, physician assistant, chiropractor, physical therapist, acupuncturist, 12 or any other health care professional not authorized in this chapter unless 13 licensed by the state of Idaho to do so; 14 (4) Use general or spinal anesthetics; 15 (5) Administer ionizing radioactive substances for therapeutic purposes; 16 (6) Perform surgical procedures using a laser device; 17 (7) Induce or perform an abortion; 18 (8) Perform surgical procedures involving the eye, ear, tendons, nerves, 19 veins or arteries extending beyond superficial tissue; 20 (9) Treat any lesion suspicious of malignancy or requiring surgical 21 removal. Lesions suspicious of malignancy or requiring surgical removal shall 22 be referred to an appropriately licensed health care professional. Nothing in 23 this chapter shall prohibit treatment of a person with suspicious or malignant 24 lesions in conjunction with a physician licensed pursuant to chapter 18, title 25 54, Idaho Code. 26 (10) Perform chiropractic adjustments as defined in section 54-704, Idaho 27 Code. 28 (11) Perform physical therapy as defined in section 54-2203, Idaho Code. 29 54-5106. EXEMPTIONS. This chapter is not intended to and does not pro- 30 hibit, restrict or apply to: 31 (1) The practice of a profession by individuals who are licensed, certi- 32 fied or registered under other laws of this state and are performing services 33 within the authorized scope of practice; or 34 (2) The practice of naturopathic medicine by an individual employed by 35 the federal government while the individual is engaged in the performance of 36 duties prescribed by the laws and regulations of the United States; or 37 (3) An individual rendering aid to a family member or in an emergency, 38 when no fee or other consideration for the service is charged, received, 39 expected or contemplated; or 40 (4) A person engaged in the sale of vitamins, health foods, over the 41 counter homeopathic products, dietary supplements, herbs, or other products of 42 nature, the sale of which is not otherwise prohibited under state or federal 43 law; or 44 (5) A person engaged in good faith for religious reasons as a matter of 45 conscience; or 46 (6) The practice by a naturopathic physician duly licensed in another 47 state, territory or the District of Columbia when that naturopathic physician 48 is incidentally called into this state for consultation with a licensed physi- 49 cian; or 50 (7) The practice of naturopathic medicine by students enrolled in an 51 approved naturopathic medical program. Services shall be performed pursuant to 52 a course of instruction or assignments from an instructor and under the super- 53 vision and observation of the instructor; or 54 (8) Those who practice massage therapy; or 4 1 (9) The practice and providing of natural health care services in com- 2 pliance with section 54-5107, Idaho Code, by a person who is not licensed pur- 3 suant to this chapter. 4 54-5107. DISCLOSURE BY THOSE PROVIDING NATURAL HEALTH CARE SERVICES. (1) 5 Any person providing natural health care services who is not a naturopathic 6 physician and who is advertising or charging a fee for those services, shall, 7 prior to providing such services, disclose to the client in a clearly worded 8 statement: 9 (a) The practitioner's name, business address and telephone number; 10 (b) The nature of the natural health care services to be provided; 11 (c) That the practitioner is not an "M.D.," "D.O." or a naturopathic phy- 12 sician. 13 (2) Before a practitioner provides natural health care services to a cli- 14 ent for the first time, such practitioner must obtain a written acknowledgment 15 from the client stating that he or she has been provided with the information 16 described in this section. The client shall be provided with a copy of this 17 written acknowledgment which must be maintained for two (2) years by the per- 18 son providing the services. If the disclosure information changes, then the 19 practitioner has a duty to repeat the disclosure if a client obtains services 20 after the change. 21 54-5108. BOARD OF NATUROPATHIC MEDICAL EXAMINERS. (1) There is hereby 22 established in the department of self-governing agencies, bureau of occupa- 23 tional licenses, the board of naturopathic medical examiners. 24 (2) The board shall consist of five (5) members, four (4) of whom shall 25 be licensed pursuant to this chapter and one (1) of whom shall be a member of 26 the public with an interest in the rights of consumers of naturopathic physi- 27 cian services. 28 (3) One (1) member of the initial board shall be appointed for a one (1) 29 year term of office, one (1) member of the initial board shall be appointed 30 for a two (2) year term of office, one (1) member of the initial board shall 31 be appointed for a three (3) year term of office, one (1) member of the ini- 32 tial board shall be appointed for a four (4) year term of office, and one (1) 33 member of the initial board shall be appointed for a five (5) year term of 34 office. Thereafter, the term of office for each member shall be five (5) 35 years. 36 (4) Appointments to the board shall be made by the governor from nomina- 37 tions received from the Idaho association of naturopathic physicians, who 38 shall nominate persons qualified for each position to be filled. 39 (5) The four (4) members of the board who are naturopathic physicians 40 shall be licensed pursuant to this chapter, practicing within the state of 41 Idaho for the duration of their appointment and shall have been practitioners 42 within the state of Idaho for a minimum of two (2) years immediately preceding 43 appointment. 44 (6) The initial four (4) licensed naturopathic physician members of the 45 board shall be persons with at least two (2) years of experience in the prac- 46 tice of naturopathic medicine who are eligible to become licensed pursuant to 47 this chapter. In the event of death, resignation or removal of any member 48 before the expiration of the term to which appointed, the vacancy shall be 49 filled for the unexpired portion of the term in the same manner as the origi- 50 nal appointment. 51 (7) The governor may remove any member of the board for cause, prior to 52 the expiration of the member's term. 53 (8) The board, within thirty (30) days after its appointment, and at 5 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 54-5109. 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 section 54-5104, Idaho Code; 12 (2) Grant a special competency certificate for naturopathic childbirth 13 attendance to those licensees who apply, provided that such applicant can doc- 14 ument training and experience equal to or greater than that required by the 15 rules of the Idaho board of nursing, pursuant to section 54-1404, Idaho Code. 16 The applicant shall hold hospital privileges and perform such procedures under 17 the supervision of a physician licensed pursuant to chapter 18, title 54, 18 Idaho Code; 19 (3) Establish special competency certification requirements for licensees 20 as deemed necessary by action of the board; 21 (4) Adopt rules for the defined scope of practice for licensees; 22 (5) Hire and appoint employees, including an executive director, investi- 23 gators, attorneys, consultants and independent hearing examiners; 24 (6) Adopt such rules as are necessary for the administration of this 25 chapter, including standards of professional conduct; 26 (7) Conduct investigations and examinations and hold hearings; 27 (8) Collect fees and other funds as prescribed by this chapter; 28 (9) Provide a uniform, independently proctored and psychometrically valid 29 examination for use in licensing naturopathic physicians, which will ade- 30 quately test the applicant's knowledge of naturopathic medicine, including the 31 basic medical sciences and the diagnostic and therapeutic skill of license 32 applicants. 33 (10) Provide such other services and perform such other functions as are 34 necessary and desirable to fulfill its purposes; 35 (11) Establish by rule examination standards for licensure and when those 36 examinations will be provided; 37 (12) Establish a minimum amount and kind of continuing education to be 38 required annually for each naturopathic physician seeking licensure renewal. 39 54-5110. NATUROPATHIC MEDICAL FORMULARY COUNCIL ESTABLISHED. There is 40 hereby established a naturopathic medical formulary council, which is separate 41 and distinct from the board, to be composed of seven (7) members. Two (2) mem- 42 bers shall be naturopathic physicians licensed under this chapter, appointed 43 by the board of naturopathic medical examiners. Three (3) members shall be 44 pharmacists licensed under chapter 17, title 54, Idaho Code, appointed by 45 the board of naturopathic medical examiners from a list of nominees provided 46 by the Idaho state board of pharmacy. Two (2) members shall be physicians 47 licensed under chapter 18, title 54, Idaho Code, appointed by the board of 48 naturopathic medical examiners from a list of nominees provided by the Idaho 49 state board of medicine. The initial council shall be appointed as follows: 50 One (1) naturopathic physician shall be appointed for a one (1) year term; one 51 (1) physician licensed under chapter 18, title 54, Idaho Code, and one (1) 52 pharmacist shall be appointed for a two (2) year term; and two (2) pharma- 53 cists, one (1) naturopathic physician and one (1) physician licensed under 6 1 chapter 18, title 54, Idaho Code, shall be appointed for a three (3) year 2 term. Thereafter, the term of office shall be three (3) years. A quorum shall 3 consist of five (5) members and shall be required for any vote to be taken. It 4 shall be the duty of the naturopathic medical formulary council to establish a 5 formulary for use by naturopathic physicians, and immediately upon adoption or 6 revision of the formulary, the council shall transmit the approved formulary 7 to the board, which shall adopt the formulary by temporary rule. The formulary 8 will be reviewed annually by the council, or at any time at the request of the 9 board. The formulary list may not go beyond the scope of prescription medi- 10 cines and medical devices covered by approved naturopathic medical education 11 and training and existing naturopathic medical formularies, or board-approved 12 continuing education. The naturopathic medical formulary shall not include 13 medicines and devices that are inconsistent with the training provided by 14 approved naturopathic medical colleges. Nothing herein shall allow a 15 naturopathic physician to dispense, administer or prescribe any prescription 16 drug as defined in section 54-1705(27), Idaho Code, or medical device unless 17 such prescription drug or medical device is specifically included in the 18 naturopathic medical formulary. 19 54-5111. 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 in 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 fund. 26 (2) The fee for licensure shall not exceed five hundred dollars ($500). 27 54-5112. QUALIFICATIONS FOR LICENSURE. To be eligible for a license to 28 practice as a naturopathic physician in the state of Idaho, the applicant 29 shall: 30 (1) Provide proof, on a form provided by the board, of completion of an 31 approved naturopathic medical program approved by the board; 32 (2) Have passed a competency-based examination approved by the board cov- 33 ering basic medical sciences and the diagnostic and clinical sciences consis- 34 tent with the education, training and practice of naturopathic medicine. Such 35 examination shall include, but not be limited to, exams in anatomy, biochemis- 36 try, microbiology, immunology, pathology, physiology, naturopathic philosophy 37 and principles, physical and clinical diagnosis, lab diagnosis, diagnostic 38 imaging, botanical medicine, naturopathic physical medicine, and nutrition; 39 (3) Applicants may be required to sit for a personal interview by the 40 board to specifically review the applicant's qualifications, professional cre- 41 dentials, knowledge, and skills pertaining to the practice of naturopathic 42 medicine; 43 (4) Possess a good, ethical and professional reputation; 44 (5) Be physically and mentally capable of safely practicing naturopathic 45 medicine with or without reasonable accommodation; 46 (6) Have never had a license to practice naturopathic medicine or other 47 health care license, registration or certificate refused, revoked or suspended 48 by any other state or country for reasons that relate to the applicant's 49 ability to skillfully and safely practice naturopathic medicine, or other 50 health care profession unless that license, registration or certification has 51 been restored to good standing by that state or country; 52 (7) All licensed naturopathic physicians shall have on file with the 53 board a board-approved disclosure form stating the degrees, training, experi- 7 1 ence, credentials and the health care services they are board approved to pro- 2 vide; 3 (8) File a board-approved application and pay the licensing fees. 4 54-5113. LICENSE STANDARDS FOR OTHER JURISDICTION APPLICANTS. The board 5 shall establish by rule the standards for licensure of applicants licensed in 6 another jurisdiction. However, the standards for endorsement of licensure 7 shall not be less than those required for licensure in the state of Idaho. 8 54-5114. INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall be 9 empowered to investigate, or cause to be investigated, all complaints regard- 10 ing any conduct prohibited by this chapter. 11 (2) The board may conduct hearings to assist with investigations, to 12 determine whether grounds exist for suspension, revocation or denial of a 13 license or to fulfill its responsibilities under this chapter as the board 14 determines necessary. 15 (3) The board may subpoena witnesses, administer oaths in any hearing or 16 disciplinary proceeding and compel, by subpoena duces tecum, the production of 17 papers and records. 18 54-5115. DISCIPLINARY ACTION. The board may suspend, revoke or refuse to 19 issue or renew a license on any of the following grounds: 20 (1) The employment of fraud or deceit in obtaining a license under this 21 chapter or in connection with services rendered as a naturopathic physician; 22 (2) A legal finding of mental incompetence; 23 (3) Aiding or abetting a person, not duly licensed under this chapter, in 24 claiming to be a naturopathic physician or in practicing naturopathic medi- 25 cine; 26 (4) Any negligence, incompetence or misconduct in the performance of 27 naturopathic medicine; 28 (5) Conviction of any crime involving moral turpitude or the entering of 29 a plea of guilty or the finding of guilt by a jury or court of a commission of 30 a felony or a crime involving moral turpitude; 31 (6) Practicing as a naturopathic physician when physical or mental abili- 32 ties are impaired by the use of controlled substances or other drugs, chemi- 33 cals or alcohol; 34 (7) Failure of the individual practitioner to maintain his or her profes- 35 sional premises in a clean and sanitary condition; 36 (8) Any other good cause, relevant to qualifications to practice as a 37 naturopathic physician. The board may not suspend, revoke or refuse to issue 38 or renew a license based on the findings that a licensee's practice is uncon- 39 ventional in the absence of demonstrable harm to a patient and the patient has 40 signed a waiver to the effect that the treatment or device is considered 41 unconventional. 42 54-5116. LICENSE DENIAL OR REVOCATION PROCEDURE. When the board proposes 43 to refuse to issue or renew a license, or proposes to revoke or suspend a 44 license, opportunity for a hearing shall be pursuant to the provisions of 45 chapter 52, title 67, Idaho Code. 46 54-5117. ENFORCEMENT PENALTIES. (1) Every person who knowingly holds him- 47 self or herself out as a naturopathic physician or who practices naturopathic 48 medicine in this state without a license is guilty of a misdemeanor. A person 49 convicted of a second or subsequent offense shall be guilty of a felony and 50 shall be imprisoned in the state prison for a period not to exceed five (5) 8 1 years, or shall be fined not more than ten thousand dollars ($10,000) or shall 2 be punished by both such fine and imprisonment. Nothing herein contained shall 3 regulate, restrict, or prohibit the practice of naturopathy or any 4 naturopathic health care treatment, therapy, or modality, unregulated or per- 5 mitted by law prior to July 1, 2005, except to the extent that such specific 6 treatment, therapy, or modality, is enumerated herein and requires a license 7 hereunder. 8 (2) Provided the board determines in good faith that a person is holding 9 himself or herself out as a naturopathic physician or practicing naturopathic 10 medicine in violation of this chapter, the board may seek an injunction, pro- 11 vided it has given thirty (30) days' prior written notice to cease and desist 12 against any person who does not comply with such notice and who holds himself 13 or herself out as a naturopathic physician, in violation of this chapter and 14 may, in the event a permanent injunction is entered against such person be 15 entitled to all costs and fees incurred by the board in seeking the injunc- 16 tion. 17 54-5118. SEVERABILITY. If any provision of this chapter or its applica- 18 tion to any person or circumstance is held invalid, the remainder of the chap- 19 ter or the application of the provision to other persons or circumstances is 20 not affected. 21 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 24 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 25 self-governing agencies. The department shall, for the purposes of section 20, 26 article IV of the constitution of the state of Idaho, be an executive depart- 27 ment of the state government. 28 (2) The department shall consist of the following: 29 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 30 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 31 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 32 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 33 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 34 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 35 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 36 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com- 37 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat 38 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho 39 aquaculture commission, as provided by chapter 44, title 22, Idaho Code. 40 (b) Professional and occupational licensing boards: Idaho state board of 41 certified public accountancy, as provided by chapter 2, title 54, Idaho 42 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 43 Code; board of architectural examiners, as provided by chapter 3, title 44 54, Idaho Code; office of the state athletic director, as provided by 45 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 46 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 47 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 48 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 49 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 50 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 51 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 52 state board of denturitry, as provided by chapter 33, title 54, Idaho 9 1 Code; state board of engineering examiners, as provided by chapter 12, 2 title 54, Idaho Code; state board for registration of professional geolo- 3 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing 4 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code; 5 Idaho state board of landscape architects, as provided by chapter 30, 6 title 54, Idaho Code; state board of medicine, as provided by chapter 18, 7 title 54, Idaho Code, and its associated physical therapist advisory 8 board, as provided by chapter 22, title 54, Idaho Code; state board of 9 morticians, as provided by chapter 11, title 54, Idaho Code; board of 10 naturopathic medical examiners, as provided by chapter 51, title 54, Idaho 11 Code; board of nurses, as provided by chapter 14, title 54, Idaho Code; 12 board of examiners of nursing home administrators, as provided by chapter 13 16, title 54, Idaho Code; state board of optometry, as provided by chapter 14 15, title 54, Idaho Code; Idaho outfitters and guides board, as provided 15 by chapter 21, title 36, Idaho Code; board of pharmacy, as provided by 16 chapter 17, title 54, Idaho Code; state board of podiatry, as provided by 17 chapter 6, title 54, Idaho Code; Idaho state board of psychologist examin- 18 ers, as provided by chapter 23, title 54, Idaho Code; Idaho real estate 19 commission, as provided by chapter 20, title 54, Idaho Code; real estate 20 appraiser board, as provided by chapter 41, title 54, Idaho Code; board of 21 social work examiners, as provided by chapter 32, title 54, Idaho Code; 22 the board of veterinary medicine, as provided by chapter 21, title 54, 23 Idaho Code; the board of examiners of residential care facility adminis- 24 trators, as provided by chapter 42, title 54, Idaho Code; and the board of 25 drinking water and wastewater professionals, as provided by chapter 24, 26 title 54, Idaho Code. 27 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 28 (d) The division of building safety, to be headed by a division adminis- 29 trator and comprised of five (5) bureaus: plumbing, electrical, buildings, 30 public works contractor licensing, and logging and industrial safety. The 31 division administrator and bureau chiefs shall be nonclassified employees 32 exempt from the provisions of chapter 53, title 67, Idaho Code. The 33 administrator of the division shall administer the provisions of chapter 34 40, title 39, Idaho Code, relating to manufactured homes and recreational 35 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings; 36 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and 37 installer licensing; chapter 10, title 54, Idaho Code, relating to elec- 38 trical contractors and journeymen; chapter 19, title 54, Idaho Code, 39 relating to licensing of public works contractors; chapter 26, title 54, 40 Idaho Code, relating to plumbing and plumbers; and shall perform such 41 additional duties as are imposed upon him by law. The division administra- 42 tor shall cooperate with the industrial commission and aid and assist the 43 commission in its administration of sections 72-720, 72-721 and 72-723, 44 Idaho Code, and at the request of the commission shall make inspection of 45 appliances, tools, equipment, machinery, practices or conditions, and make 46 a written report to the commission. The administrator shall make recommen- 47 dations to the commission to aid the commission in its administration of 48 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that 49 nothing herein shall be construed as transferring to the administrator any 50 of the authority or powers now vested in the industrial commission. 51 (e) The division of veterans services to be headed by a division adminis- 52 trator who shall be a nonclassified employee exempt from the provisions of 53 chapter 53, title 67, Idaho Code. The administrator of the division shall 54 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 55 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 10 1 sion established under chapter 2, title 65, Idaho Code, and shall perform 2 such additional duties as are imposed upon him by law. 3 (3) The bureau of occupational licenses is hereby created within the 4 department of self-governing agencies. 5 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational 8 licenses created in the department of self-governing agencies by section 9 67-2601, Idaho Code, shall be empowered, by written agreement between the 10 bureau and each agency for which it provides administrative or other services 11 as provided by law, to provide such services for the board of acupuncture, 12 board of architectural examiners, board of barber examiners, board of chiro- 13 practic physicians, board of cosmetology, counselor licensing board, state 14 board of denturitry, board of hearing aid dealers and fitters, board of land- 15 scape architects, board of morticians, board of naturopathic medical examin- 16 ers, board of examiners of nursing home administrators, board of optometry, 17 board of podiatrists, board of psychologist examiners, real estate appraiser 18 board, board of examiners of residential care facility administrators, board 19 of social work examiners, and such other professional and occupational licens- 20 ing boards or commodity commissions as may request such services. The bureau 21 may charge a reasonable fee for such services provided any agency not other- 22 wise provided for by law and shall maintain proper accounting methods for all 23 funds under its jurisdiction. 24 (2) Notwithstanding the statutes governing specific boards, for any board 25 that contracts with the bureau of occupational licenses, each board member 26 shall hold office until a successor has been duly appointed and qualified. 27 (3) The department of self-governing agencies, by and through the bureau 28 of occupational licenses, shall be empowered to provide administrative or 29 other services for the administration of chapter 48, title 54, Idaho Code, to 30 issue, suspend, revoke or refuse to renew certificates of registration, to 31 issue subpoenas, to prescribe and impose fees and to assess administrative 32 penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.
STATEMENT OF PURPOSE RS 15170 This bill licenses naturopathic physicians and provides appropriate scopes of practice for them and for others providing natural health care services. This bill sets forth educational standards for naturopathic practitioners and governs the use of titles practitioners may use so the public is informed and protected. FISCAL NOTE There is no fiscal impact to the General Fund. Contact Name: Representative Bob Ring Name: Representative John Rusche Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 363