2005 Legislation
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HOUSE BILL NO. 363 – Naturopaths, licensure


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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

Bill Text

  ]]]]              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
 15        67-2601 AND 67-2602, IDAHO CODE, TO PROVIDE  REFERENCE  TO  THE  BOARD  OF
 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
 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-
  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.
  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
  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.
  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
  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.
 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
  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-
  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.
  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)
  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:
 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
  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-
  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 / Fiscal Impact

                       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

                           FISCAL NOTE

There is no fiscal impact to the General Fund.

Name:  Representative Bob Ring 
Name:  Representative John Rusche
Phone: 208-332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 363