2005 Legislation
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SENATE BILL NO. 1158 – Naturopathic physicians, license

SENATE BILL NO. 1158

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Bill Status



S1158aa,aaH................................................by STATE AFFAIRS
NATUROPATHIC PHYSICIANS - Adds to existing law to provide the licensure and
regulation of naturopathic physicians.
                                                                        
02/22    Senate intro - 1st rdg - to printing
02/23    Rpt prt - to Health/Wel
03/11    Rpt out - to 14th Ord
03/14    Rpt out amen - to engros
03/15    Rpt engros - 1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/18    3rd rdg as amen - PASSED - 30-4-0, 1 vacancy
      AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Coiner,
      Compton, Corder, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson,
      Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
      McKenzie, Pearce, Richardson, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- Broadsword, Cameron, Darrington, Schroeder
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/21    House intro - 1st rdg - to Health/Wel
03/28    Rpt out - to Gen Ord
03/31    Rpt out amen - to 1st rdg as amen
04/01    1st rdg - to 2nd rdg as amen
04/04    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 60-0-10
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth(Ellsworth),
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, Miller, Nielsen, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Rusche, Rydalch, Sali, Sayler(Callen), Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Cannon, McKague, Mitchell, Moyle,
      Nonini, Roberts, Skippen, Trail, Wood
    Floor Sponsors - Block & Henbest
    Title apvd - to Senate
04/04    Senate concurred in House amens - to engros
04/05    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 32-1-2
      AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Stegner, Stennett, Werk, Williams
      NAYS -- Schroeder
      Absent and excused -- Andreason, Sweet
    Floor Sponsor - Compton
    Title apvd - to enrol
04/06    Rpt enrol - Pres/Sp signed
04/07    To Governor
04/11    Governor signed
         Session Law Chapter 329
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1158
                                                                        
                                 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 AND INTENT. It is the intent of the legisla-
 24    ture  to  provide  for state administrative supervision, licensure, regulation
 25    and disciplinary procedures, for every person  practicing  as  a  naturopathic
 26    physician  and  to require standards of practice and code of ethics as adopted
 27    by the board unless otherwise exempted herein.
 28        Legislative intent and findings. In enacting these provisions, it  is  the
 29    intent  of  the  legislature  that  the central holdings of State v. Smith, 81
 30    Idaho 103, 337 P.2d 938, are reinforced.  To that end the legislature finds:
 31        (1)  The practice of medicine and surgery  as  regulated  in  chapter  18,
 32    title  54, Idaho Code, does not include all aspects of each and every brand of
 33    the entire healing arts.
 34        (2)  Insofar as the practice of  medicine,  chiropractic,  osteopathy  and
 35    other licensed healing disciplines also cover the practice of naturopathy. Na-
 36    turopathy  is  not limited to practice by those holding a license in the other
 37    regulated fields of healing.
 38        (3)  Insofar as naturopathy is not taught within the educational  require-
 39    ments  for those licensed to practice medicine in Idaho, it cannot come within
 40    the all-inclusive field of medicine and surgery, and  thus,  those  practicing
 41    naturopathy  are  not required to hold a license to practice medicine and sur-
 42    gery.
                                                                        
                                           2
                                                                        
  1        (4)  The enactment of chapter 18, title 54, Idaho Code, by the legislature
  2    of the state of Idaho as it may regulate or be related to naturopathy does not
  3    require that a practitioner of naturopathy hold a license  to  practice  medi-
  4    cine.
  5        (5)  The  callings  or professions of the practice of medicine, chiroprac-
  6    tic, osteopathy, naturopathy and other licensed healing disciplines,  although
  7    complementary,  do  differ  materially  from each other as callings or profes-
  8    sions.
  9        (6)  While the physician and surgeon is authorized to treat the  sick  and
 10    afflicted  by any and all methods and means, the naturopath and the chiroprac-
 11    tor are limited in their treatment to employment of their particular systems.
 12        (7)  Naturopathy is a distinct system of the healing arts.
 13        (8)  To the extent the system of the healing art known as  naturopathy  is
 14    limited  to  the use of a system of physical culture and drugless treatment by
 15    methods intended to stimulate or assist nature, or  to  the  use  of  physical
 16    forces  such  as  air,  light,  water, heat, massage and other similar materia
 17    medica, it is not inherently injurious to the public health, safety or  morals
 18    and has no tendency in that direction and is therefore beyond the police power
 19    of the state.
                                                                        
 20        54-5102.  DEFINITIONS. As used in this chapter, the following  terms  have
 21    the meanings as stated:
 22        (1)  "Approved  naturopathic  medical program" means a doctoral level pro-
 23    gram of supervised resident study  in naturopathic medicine  approved  by  the
 24    board.
 25        (2)  "Board"  means  the  board  of naturopathic medical examiners created
 26    pursuant to section 54-5108, Idaho Code.
 27        (3)  "Minor office procedures" means the methods for the repair  and  care
 28    incidental  to  superficial lacerations and abrasions, superficial lesions and
 29    the removal of foreign bodies located in the superficial tissues.
 30        (4)  "Naturopathic medical formulary" means the list of prescription medi-
 31    cines which naturopathic physicians use in the practice of  their  profession,
 32    as determined by the formulary council and  reviewed  by the board.
 33        (5)  "Naturopathic medical formulary council" means that council comprised
 34    of  members  appointed pursuant to this chapter to determine and authorize the
 35    formulary list.
 36        (6)  "Naturopathic medicine" means a distinct and comprehensive system  of
 37    primary  health  care practiced by naturopathic physicians for the prevention,
 38    diagnosis and treatment of human health conditions, injuries and diseases.
 39        (7)  "Naturopathic  physician"  and  all   titles   defined   in   section
 40    54-5103(2),  Idaho  Code,  means  a person authorized and licensed to practice
 41    naturopathic medicine under this chapter.
 42        (8)  "Natural health care services" means the broad domain of health  care
 43    services  and procedures, including diagnosis and treatment, which are permit-
 44    ted by Idaho law prior to the enactment of this chapter to be  provided  by  a
 45    person  who is not licensed, certified, or registered as a health care practi-
 46    tioner by the state of Idaho.
                                                                        
 47        54-5103.  LICENSE REQUIRED. (1) No person shall hold  himself  or  herself
 48    out  to  others  as  a  naturopathic  physician without first applying for and
 49    receiving a license.
 50        (2)  A person holds himself or herself out to  others  as  a  naturopathic
 51    physician  when the person adopts or uses any or all of the following designa-
 52    tions:  "naturopathic   physician,"  "physician  of  naturopathic   medicine,"
 53    "physician  of  natural  medicine,"  "doctor of naturopathic medicine," or its
                                                                        
                                           3
                                                                        
  1    abbreviation "N.M.D."
  2        (3)  The  titles  and  terms  in  subsection  (2) of this section identify
  3    naturopathic physicians and  are  restricted  to  describing  and  identifying
  4    licensed practitioners. Nothing herein contained shall  prohibit  or  restrict
  5    the  right  to use or employ the titles "doctor of naturopathy," "naturopathic
  6    doctor," or the designation "N.D."
                                                                        
  7        54-5104.  SCOPE  OF  PRACTICE. (1) Diagnostic procedures.  A  naturopathic
  8    physician  may  use  physical  and  laboratory  examinations  consistent  with
  9    naturopathic  medical  education  and  training  for  diagnostic  purposes.  A
 10    naturopathic physician may order and perform diagnostic and imaging tests con-
 11    sistent  with  naturopathic medical education and training. All diagnostic and
 12    imaging tests not consistent with naturopathic medical education and training,
 13    must be referred  for  performance  and  interpretation  by  an  appropriately
 14    licensed health care professional.
 15        (2)  Naturopathic  physicians  are  authorized to dispense, administer and
 16    prescribe  prescription  drugs  and  medical   devices   determined   by   the
 17    naturopathic medical formulary council, and authorized by the board.
 18        (3)  A naturopathic physician may perform minor office procedures pursuant
 19    to privileges authorized by the board.
 20        (4)  A  naturopathic  physician may perform those therapies as trained and
 21    educated and authorized by the board.
                                                                        
 22        54-5105.  PROHIBITIONS. A naturopathic physician shall not:
 23        (1)  Prescribe,  dispense or administer any controlled substance or device
 24    identified under the controlled substance act, chapter  27,  title  37,  Idaho
 25    Code,  or  identified  in the federal controlled substance act, 21 U.S.C. sec-
 26    tions 801 through 971 (1988), as amended, except as authorized by  this  chap-
 27    ter;
 28        (2)  Perform  surgical  procedures  except  those  minor office procedures
 29    authorized by this chapter;
 30        (3)  Practice or claim to practice as a medical  doctor,  osteopath,  den-
 31    tist,    podiatrist, optometrist, psychologist, advanced practice professional
 32    nurse, physician assistant, chiropractor, physical  therapist,  acupuncturist,
 33    or  any  other  health care professional not authorized in this chapter unless
 34    licensed by the state of Idaho to do so;
 35        (4)  Use general or spinal anesthetics;
 36        (5)  Administer ionizing radioactive substances for therapeutic purposes;
 37        (6)  Perform surgical procedures using a laser device;
 38        (7)  Induce or perform an abortion;
 39        (8)  Perform surgical procedures involving the eye, ear, tendons,  nerves,
 40    veins or arteries extending beyond superficial tissue;
 41        (9)  Treat  any  lesion  suspicious  of  malignancy  or requiring surgical
 42    removal. Lesions suspicious of malignancy or requiring surgical removal  shall
 43    be  referred to an appropriately licensed health care professional. Nothing in
 44    this chapter shall prohibit treatment of a person with suspicious or malignant
 45    lesions in conjunction with a physician licensed pursuant to chapter 18, title
 46    54, Idaho Code.
 47        (10) Perform chiropractic adjustments as defined in section 54-704,  Idaho
 48    Code.
 49        (11) Perform physical therapy as defined in section 54-2203, Idaho Code.
                                                                        
 50        54-5106.  EXEMPTIONS.  This  chapter  is not intended to and does not pro-
 51    hibit, restrict or apply to:
 52        (1)  The practice of a profession by individuals who are licensed,  certi-
                                                                        
                                           4
                                                                        
  1    fied or registered under other laws of this state and are performing  services
  2    within the authorized scope of practice; or
  3        (2)  The  practice  of  naturopathic medicine by an individual employed by
  4    the federal government while the individual is engaged in the  performance  of
  5    duties prescribed by the laws and regulations of the United States; or
  6        (3)  An  individual  rendering  aid to a family member or in an emergency,
  7    when  no fee or other consideration for  the  service  is  charged,  received,
  8    expected or contemplated; or
  9        (4)  A person engaged in the sale of  vitamins,  health  foods,  over  the
 10    counter homeopathic products, dietary supplements, herbs, or other products of
 11    nature,  the  sale of which is not otherwise prohibited under state or federal
 12    law; or
 13        (5)  A person engaged in good faith for religious reasons as a  matter  of
 14    conscience; or
 15        (6)  The  practice  by  a  naturopathic physician duly licensed in another
 16    state, territory or the District of Columbia when that naturopathic  physician
 17    is incidentally called into this state for consultation with a licensed physi-
 18    cian; or
 19        (7)  The  practice  of  naturopathic  medicine  by students enrolled in an
 20    approved naturopathic medical program. Services shall be performed pursuant to
 21    a course of instruction or assignments from an instructor and under the super-
 22    vision and observation of the instructor; or
 23        (8)  Those who practice massage therapy; or
 24        (9)  The practice and  providing of natural health care services by a per-
 25    son who is not licensed, certified or registered in this  state  as  a  health
 26    care professional or practitioner.
                                                                        
 27        54-5107.  DISCLOSURE  BY THOSE PROVIDING NATURAL HEALTH CARE SERVICES. (1)
 28    Any person providing natural health care services who is  not  a  naturopathic
 29    physician  and who is advertising or charging a fee for those services, shall,
 30    prior to providing such services, disclose to the client in a  clearly  worded
 31    statement:
 32        (a)  The practitioner's name, business address and telephone number;
 33        (b)  The nature of the natural health care services to be provided;
 34        (c)  That the practitioner is not an "M.D.," "D.O." or "N.M.D."
 35        (2)  Before a practitioner provides natural health care services to a cli-
 36    ent for the first time, such practitioner must obtain a written acknowledgment
 37    from  the client stating that he or she has been provided with the information
 38    described in this section. The client shall be provided with a  copy  of  this
 39    written  acknowledgment which must be maintained for two (2) years by the per-
 40    son providing the services. If the disclosure information  changes,  then  the
 41    practitioner  has a duty to repeat the disclosure if a client obtains services
 42    after the change.
                                                                        
 43        54-5108.  BOARD OF NATUROPATHIC MEDICAL EXAMINERS.  (1)  There  is  hereby
 44    established  in  the  department of self-governing agencies, bureau of occupa-
 45    tional licenses, the board of naturopathic medical examiners.
 46        (2)  The board shall consist of five (5) members, four (4) of  whom  shall
 47    be  licensed pursuant to this chapter and one (1) of whom shall be a member of
 48    the public with an interest in the rights of consumers of naturopathic  physi-
 49    cian services.
 50        (3)  One  (1) member of the initial board shall be appointed for a one (1)
 51    year term of office, one (1) member of the initial board  shall  be  appointed
 52    for  a  two (2) year term of office, one (1) member of the initial board shall
 53    be appointed for a three (3) year term of office,  one  (1)  member  shall  be
                                                                        
                                           5
                                                                        
  1    appointed  for  a four (4) year term of office, and one (1) member of the ini-
  2    tial board shall be appointed for a five (5) year term of office.  Thereafter,
  3    the term of office for each member shall be five (5) years.
  4        (4)  Appointments to the board shall be made by the governor from  nomina-
  5    tions  received  from  the  Idaho  association of naturopathic physicians, who
  6    shall nominate  persons qualified for each position to be filled.
  7        (5)  The four (4) members of the board  who  are  naturopathic  physicians
  8    shall  be  licensed  pursuant  to this chapter, practicing within the state of
  9    Idaho for the duration of their appointment and shall have been  practitioners
 10    within the state of Idaho for a minimum of two (2) years immediately preceding
 11    appointment.
 12        (6)  The  initial  four (4) licensed naturopathic physician members of the
 13    board shall be persons with at least two (2) years of experience in the  prac-
 14    tice  of naturopathic medicine who are eligible to become licensed pursuant to
 15    this chapter. In the event of death, resignation  or  removal  of  any  member
 16    before  the  expiration  of  the term to which appointed, the vacancy shall be
 17    filled for the unexpired portion of the term in the same manner as the  origi-
 18    nal appointment.
 19        (7)  The  governor  may remove any member of the board for cause, prior to
 20    the expiration of the member's term.
 21        (8)  The  board, within thirty (30) days after  its  appointment,  and  at
 22    least  annually  thereafter,  shall  hold  a meeting and elect a chairman. The
 23    board may hold additional meetings on the call of the chair or at the  written
 24    request  of any two (2) members of the board. The board may appoint such  com-
 25    mittees as it considers necessary to carry out its duties. A majority  of  the
 26    board shall constitute a quorum.
                                                                        
 27        54-5109.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 28    ity to:
 29        (1)  Determine the qualifications of persons applying for licensure pursu-
 30    ant to this chapter and define, by rule, the appropriate scope of naturopathic
 31    medicine in this state, provided however, that the scope of practice  may  not
 32    exceed that defined in section 54-5104, Idaho Code;
 33        (2)  Grant  approval  for naturopathic childbirth attendance privileges to
 34    those licensees who apply, provided that such applicant can document  training
 35    and  experience    equal  to or greater than that required by the rules of the
 36    Idaho board of nursing, pursuant to section 54-1404, Idaho Code. The applicant
 37    shall hold hospital privileges and  perform such procedures under the   super-
 38    vision of a physician licensed pursuant to chapter 18, title 54, Idaho Code;
 39        (3)  Establish special competency certification requirements for licensees
 40    as deemed necessary by action of the board;
 41        (4)  Adopt rules for the defined scope of  practice for licensees;
 42        (5)  Hire and appoint employees, including an executive director, investi-
 43    gators, attorneys, consultants and independent hearing examiners;
 44        (6)  Adopt  such  rules  as  are  necessary for the administration of this
 45    chapter, including standards of professional conduct;
 46        (7)  Conduct investigations and examinations and hold hearings;
 47        (8)  Collect fees and other funds as prescribed by this chapter;
 48        (9)  Provide a uniform, independently proctored and psychometrically valid
 49    examination for use in licensing  naturopathic  physicians,  which  will  ade-
 50    quately test the applicant's knowledge of naturopathic medicine, including the
 51    basic  medical  sciences  and  the diagnostic and therapeutic skill of license
 52    applicants.
 53        (10) Provide such other services and perform such other functions  as  are
 54    necessary and desirable to fulfill its purposes;
                                                                        
                                           6
                                                                        
  1        (11) Establish  by rule examination standards for licensure and when those
  2    examinations will be provided;
  3        (12) Establish a minimum amount and kind of  continuing  education  to  be
  4    required annually for each naturopathic physician seeking licensure renewal.
                                                                        
  5        54-5110.  NATUROPATHIC  MEDICAL  FORMULARY  COUNCIL  ESTABLISHED. There is
  6    hereby established a naturopathic medical formulary council, which is separate
  7    and distinct from the board, to be composed of five (5) members. Two (2)  mem-
  8    bers  shall be naturopathic physicians licensed  under this chapter, appointed
  9    by the board of naturopathic medical examiners. Two (2) members shall be phar-
 10    macists licensed under chapter 17, title  54, Idaho  Code,  appointed  by  the
 11    board  of  naturopathic  medical examiners from a list of nominees provided by
 12    the Idaho state board of  pharmacy.  One  (1)  member  shall  be  a  physician
 13    licensed  under  chapter  18, title 54, Idaho Code, appointed  by the board of
 14    naturopathic medical examiners from a list of nominees provided by  the  Idaho
 15    state  board  of  medicine.  It  shall be the duty of the naturopathic medical
 16    formulary council to establish a formulary for use by naturopathic physicians,
 17    and immediately upon adoption or revision of the formulary, the council  shall
 18    transmit  the approved formulary to the board, which shall adopt the formulary
 19    by temporary rule. The formulary will be reviewed annually by the council,  or
 20    at  any time at the request of the board. The formulary list may not go beyond
 21    the scope of prescription medicines and medical devices  covered  by  approved
 22    naturopathic  medical education and training and existing naturopathic medical
 23    formularies, or board-approved continuing education. The naturopathic  medical
 24    formulary  shall  not include medicines and devices that are inconsistent with
 25    the training provided  by  approved  naturopathic  medical  colleges.  Nothing
 26    herein  shall  allow  a naturopathic physician to dispense, administer or pre-
 27    scribe any prescription drug as defined in section 54-1705(27), Idaho Code, or
 28    medical device unless such prescription drug or medical device is specifically
 29    included in the naturopathic medical formulary.
                                                                        
 30        54-5111.  FEES. (1) All fees received under the provisions of this chapter
 31    shall  be paid to the department of self-governing agencies, bureau of occupa-
 32    tional licenses, and deposited in the state treasury  to  the  credit  of  the
 33    occupational  licenses  fund. All costs and expenses incurred under the provi-
 34    sions of this chapter shall be a charge against and paid from said fund. In no
 35    case shall any salary, expense or other obligation of  the  board  be  charged
 36    against the general fund.
 37        (2)  The fee for licensure shall not exceed five hundred dollars ($500).
                                                                        
 38        54-5112.  QUALIFICATIONS FOR LICENSURE. To be eligible for  a  license  to
 39    practice  as  a  naturopathic  physician  in the state of Idaho, the applicant
 40    shall:
 41        (1)  Provide proof, on a form provided by the board, of completion  of  an
 42    approved naturopathic medical program approved by the board;
 43        (2)  Have passed a competency-based examination approved by the board cov-
 44    ering  basic medical sciences and the diagnostic and clinical sciences consis-
 45    tent with the education, training and practice of naturopathic medicine.  Such
 46    examination shall include, but not be limited to, exams in anatomy, biochemis-
 47    try,  microbiology, immunology, pathology, physiology, naturopathic philosophy
 48    and principles, physical and clinical  diagnosis,  lab  diagnosis,  diagnostic
 49    imaging, botanical medicine, naturopathic physical medicine, and nutrition;
 50        (3)  Applicants  may  be  required  to sit for a personal interview by the
 51    board to specifically review the applicant's qualifications, professional cre-
 52    dentials, knowledge, and skills pertaining to  the  practice  of  naturopathic
                                                                        
                                           7
                                                                        
  1    medicine;
  2        (4)  Possess a good, ethical and professional reputation;
  3        (5)  Be physically and mentally capable of safely practicing  naturopathic
  4    medicine with or without reasonable accommodation;
  5        (6)  Have  never  had a license to practice naturopathic medicine or other
  6    health care license, registration or certificate refused, revoked or suspended
  7    by  any  other  state  or country for reasons that relate  to the  applicant's
  8    ability to skillfully and safely  practice  naturopathic  medicine,  or  other
  9    health  care profession unless that license, registration or certification has
 10    been restored to good standing by that state or country;
 11        (7)  All licensed naturopathic physicians shall  have  on  file  with  the
 12    board  a board-approved disclosure form stating the degrees, training, experi-
 13    ence, credentials and the health care services they are board approved to pro-
 14    vide;
 15        (8)  File a board-approved application and pay the licensing fees.
                                                                        
 16        54-5113.  LICENSE STANDARDS FOR OTHER JURISDICTION APPLICANTS.  The  board
 17    shall  establish by rule the standards for licensure of applicants licensed in
 18    another jurisdiction. However, the  standards  for  endorsement  of  licensure
 19    shall not be less than those required for licensure in the state of Idaho.
                                                                        
 20        54-5114.  INVESTIGATION  --  HEARING  --  SUBPOENA. (1) The board shall be
 21    empowered to investigate, or cause to be investigated, all complaints  regard-
 22    ing any conduct prohibited by this chapter.
 23        (2)  The  board  may  conduct  hearings  to assist with investigations, to
 24    determine whether grounds exist for suspension,  revocation  or  denial  of  a
 25    license  or  to  fulfill  its responsibilities under this chapter as the board
 26    determines necessary.
 27        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 28    disciplinary proceeding and compel, by subpoena duces tecum, the production of
 29    papers and records.
                                                                        
 30        54-5115.  DISCIPLINARY ACTION. The board may suspend, revoke or refuse  to
 31    issue or renew a license on any of the following grounds:
 32        (1)  The employment of fraud or deceit in obtaining a license  under  this
 33    chapter or in connection with services rendered as a naturopathic physician;
 34        (2)  A legal finding of mental incompetence;
 35        (3)  Aiding or abetting a person, not duly licensed under this chapter, in
 36    claiming  to  be  a naturopathic physician or in practicing naturopathic medi-
 37    cine;
 38        (4)  Any negligence, incompetence or  misconduct  in  the  performance  of
 39    naturopathic medicine;
 40        (5)  Conviction  of any crime involving moral turpitude or the entering of
 41    a plea of guilty or the finding of guilt by a jury or court of a commission of
 42    a felony or a crime involving moral turpitude;
 43        (6)  Practicing as a naturopathic physician when physical or mental abili-
 44    ties  are impaired by the use of controlled substances or other drugs,  chemi-
 45    cals or alcohol;
 46        (7)  Failure of the individual practitioner to maintain his or her profes-
 47    sional premises in a clean and sanitary condition;
 48        (8)  Any  other  good  cause,  relevant to qualifications to practice as a
 49    naturopathic physician. The board may not suspend, revoke or refuse  to  issue
 50    or renew a license  based on the findings that a licensee's practice is uncon-
 51    ventional in the absence of demonstrable harm to a patient and the patient has
 52    signed  a  waiver  to  the  effect  that the treatment or device is considered
                                                                        
                                           8
                                                                        
  1    unconventional.
                                                                        
  2        54-5116.  LICENSE DENIAL OR REVOCATION PROCEDURE. When the board  proposes
  3    to  refuse  to  issue  or  renew a license, or proposes to revoke or suspend a
  4    license, opportunity for a hearing shall be  pursuant  to  the  provisions  of
  5    chapter 52, title 67, Idaho Code.
                                                                        
  6        54-5117.  ENFORCEMENT PENALTIES. (1) Every person who knowingly holds him-
  7    self  or  herself  out  as  a  naturopathic  physician in this state without a
  8    license is guilty of a misdemeanor. A person convicted of a second  or  subse-
  9    quent offense shall be guilty of a felony and shall be imprisoned in the state
 10    prison  for  a period not to exceed five (5) years, or shall be fined not more
 11    than ten thousand dollars ($10,000) or shall be punished by both such fine and
 12    imprisonment. Nothing herein contained shall  regulate, restrict, or  prohibit
 13    the  practice  of naturopathy or any naturopathic health care treatment, ther-
 14    apy, or modality, unregulated or permitted by  law  prior  to  July  1,  2005,
 15    except  to  the  extent that such specific treatment, therapy, or modality, is
 16    enumerated herein and requires a license hereunder.
 17        (2)  Provided the board determines in good faith that a person is  holding
 18    himself  or herself out as a naturopathic physician in violation of this chap-
 19    ter, the board  may seek an injunction, provided  it  has  given  thirty  (30)
 20    days' prior written notice to cease and desist against any person who does not
 21    comply with such notice and who holds himself or herself out as a naturopathic
 22    physician,  in  violation  of  this  chapter and may, in the event a permanent
 23    injunction is entered against such person be entitled to all  costs  and  fees
 24    incurred by the board in seeking the injunction.
                                                                        
 25        54-5118.  SEVERABILITY.  If  any provision of this chapter or its applica-
 26    tion to any person or circumstance is held invalid, the remainder of the chap-
 27    ter or the application of the provision to other persons or  circumstances  is
 28    not affected.
                                                                        
 29        SECTION  2.  That  Section 67-2601, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        67-2601.  DEPARTMENT CREATED -- ORGANIZATION  --  DIRECTOR  --  BUREAU  OF
 32    OCCUPATIONAL  LICENSES  CREATED. (1) There is hereby created the department of
 33    self-governing agencies. The department shall, for the purposes of section 20,
 34    article IV of the constitution of the state of Idaho, be an executive  depart-
 35    ment of the state government.
 36        (2)  The department shall consist of the following:
 37        (a)  Agricultural  commodity  commissions: Idaho apple commission, as pro-
 38        vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as  pro-
 39        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
 40        by  chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
 41        by chapter 37, title 22, Idaho Code; Idaho dairy products  commission,  as
 42        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
 43        sion,  as  provided by chapter 35, title 22, Idaho Code; Idaho potato com-
 44        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
 45        mission, as provided by chapter 30, title 22, Idaho Code; the Idaho  wheat
 46        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
 47        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
 48        (b)  Professional  and occupational licensing boards: Idaho state board of
 49        certified public accountancy, as provided by chapter 2,  title  54,  Idaho
 50        Code;  board  of  acupuncture,  as provided by chapter 47, title 54, Idaho
                                                                        
                                           9
                                                                        
  1        Code; board of architectural examiners, as provided by  chapter  3,  title
  2        54,  Idaho  Code;  office  of  the state athletic director, as provided by
  3        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
  4        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
  5        bar, as provided by chapter 4, title 3, Idaho Code; board of  chiropractic
  6        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
  7        cosmetology,  as  provided by chapter 8, title 54, Idaho Code; Idaho coun-
  8        selor licensing board, as provided by chapter 34, title  54,  Idaho  Code;
  9        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 10        state  board  of  denturitry,  as  provided by chapter 33, title 54, Idaho
 11        Code; state board of engineering examiners, as  provided  by  chapter  12,
 12        title  54, Idaho Code; state board for registration of professional geolo-
 13        gists, as provided by chapter 28, title 54, Idaho Code; board  of  hearing
 14        aid  dealers and fitters, as provided by chapter 29, title 54, Idaho Code;
 15        Idaho state board of landscape architects,  as  provided  by  chapter  30,
 16        title  54, Idaho Code; state board of medicine, as provided by chapter 18,
 17        title 54, Idaho Code,  and  its  associated  physical  therapist  advisory
 18        board,  as  provided  by  chapter 22, title 54, Idaho Code; state board of
 19        morticians, as provided by chapter 11, title  54,  Idaho  Code;  board  of
 20        naturopathic medical examiners, as provided by chapter 51, title 54, Idaho
 21        Code;  board  of  nurses, as provided by chapter 14, title 54, Idaho Code;
 22        board of examiners of nursing home administrators, as provided by  chapter
 23        16, title 54, Idaho Code; state board of optometry, as provided by chapter
 24        15,  title  54, Idaho Code; Idaho outfitters and guides board, as provided
 25        by chapter 21, title 36, Idaho Code; board of  pharmacy,  as  provided  by
 26        chapter  17, title 54, Idaho Code; state board of podiatry, as provided by
 27        chapter 6, title 54, Idaho Code; Idaho state board of psychologist examin-
 28        ers, as provided by chapter 23, title 54, Idaho Code;  Idaho  real  estate
 29        commission,  as  provided by chapter 20, title 54, Idaho Code; real estate
 30        appraiser board, as provided by chapter 41, title 54, Idaho Code; board of
 31        social work examiners, as provided by chapter 32, title  54,  Idaho  Code;
 32        the  board  of  veterinary  medicine, as provided by chapter 21, title 54,
 33        Idaho Code; the board of examiners of residential care  facility  adminis-
 34        trators, as provided by chapter 42, title 54, Idaho Code; and the board of
 35        drinking  water  and  wastewater professionals, as provided by chapter 24,
 36        title 54, Idaho Code.
 37        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
 38        (d)  The division of building safety, to be headed by a division  adminis-
 39        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
 40        public works contractor licensing, and logging and industrial safety.  The
 41        division  administrator and bureau chiefs shall be nonclassified employees
 42        exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
 43        istrator of the division shall administer the provisions  of  chapter  40,
 44        title  39,  Idaho  Code,  relating  to manufactured homes and recreational
 45        vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
 46        chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
 47        installer licensing; chapter 10, title 54, Idaho Code, relating  to  elec-
 48        trical  contractors  and  journeymen;  chapter  19,  title 54, Idaho Code,
 49        relating to licensing of public works contractors; chapter 26,  title  54,
 50        Idaho  Code,  relating  to  plumbing  and plumbers; and shall perform such
 51        additional duties as are imposed upon him by law. The division administra-
 52        tor shall cooperate with the industrial commission and aid and assist  the
 53        commission  in  its  administration of sections 72-720, 72-721 and 72-723,
 54        Idaho Code, and at the request of the commission shall make inspection  of
 55        appliances, tools, equipment, machinery, practices or conditions, and make
                                                                        
                                           10
                                                                        
  1        a written report to the commission. The administrator shall make recommen-
  2        dations  to  the commission to aid the commission in its administration of
  3        sections 72-720, 72-721 and 72-723, Idaho  Code,  provided  however,  that
  4        nothing herein shall be construed as transferring to the administrator any
  5        of the authority or powers now vested in the industrial commission.
  6        (e)  The division of veterans services to be headed by a division adminis-
  7        trator who shall be a nonclassified employee exempt from the provisions of
  8        chapter 53, title  67, Idaho Code. The administrator of the division shall
  9        administer  the provisions of chapter 2, title 65, Idaho Code, and chapter
 10        9, title 66, Idaho Code, with the advice of the veterans  affairs  commis-
 11        sion  established under chapter 2, title 65, Idaho Code, and shall perform
 12        such additional duties as are imposed upon him by law.
 13        (3)  The bureau of occupational licenses  is  hereby  created  within  the
 14    department of self-governing agencies.
                                                                        
 15        SECTION  3.  That  Section 67-2602, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        67-2602.  BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of  occupational
 18    licenses  created  in  the  department  of  self-governing agencies by section
 19    67-2601, Idaho Code, shall be empowered,  by  written  agreement  between  the
 20    bureau  and each agency for which it provides administrative or other services
 21    as provided by law, to provide such services for  the  board  of  acupuncture,
 22    board  of  architectural examiners, board of barber examiners, board of chiro-
 23    practic physicians, board of cosmetology,  counselor  licensing  board,  state
 24    board  of denturitry, board of hearing aid dealers and fitters, board of land-
 25    scape architects, board of morticians, board of naturopathic  medical  examin-
 26    ers,  board  of  examiners of nursing home administrators, board of optometry,
 27    board of podiatrists, board of psychologist examiners, real  estate  appraiser
 28    board,  board  of examiners of residential care facility administrators, board
 29    of social work examiners, and such other professional and occupational licens-
 30    ing boards or commodity commissions as may request such services.  The  bureau
 31    may  charge  a reasonable fee for such services provided any agency not other-
 32    wise provided for by law and shall maintain proper accounting methods for  all
 33    funds under its jurisdiction.
 34        (2)  Notwithstanding the statutes governing specific boards, for any board
 35    that  contracts  with  the  bureau of occupational licenses, each board member
 36    shall hold office until a successor has been duly appointed and qualified.
 37        (3)  The department of self-governing agencies, by and through the  bureau
 38    of  occupational  licenses,  shall  be  empowered to provide administrative or
 39    other services for the administration of chapter 48, title 54, Idaho Code,  to
 40    issue,  suspend,  revoke  or  refuse to renew certificates of registration, to
 41    issue subpoenas, to prescribe and impose fees  and  to  assess  administrative
 42    penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Block               
                                                                        
                                                     Seconded by Henbest             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                       HOUSE AMENDMENTS TO S.B. NO. 1158, As Amended
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the engrossed bill, delete lines 23 through 42;  on  page  2,
  3    delete lines 1 through 19, and insert:
  4        "54-5101.  LEGISLATIVE  PURPOSE  AND INTENT. It is the intent of the Idaho
  5    legislature that nothing in this chapter will limit the decision in  State  v.
  6    Smith  except to the extent that certain modalities of treatment shall require
  7    a license pursuant to this chapter.  To that end it is not the intent  of  the
  8    legislature  to regulate the practice of natural health care services as it is
  9    defined in this chapter, except as expressly provided herein.";
 10    also on page 2, delete lines 36 through 38 and insert:
 11        "(6)  "Naturopathic medicine" means a distinct and comprehensive system of
 12    primary health care practiced by naturopathic physicians. For the  purpose  of
 13    this  chapter, naturopathic medicine does not include natural health care ser-
 14    vices as defined herein, however, nothing contained herein is intended to pro-
 15    hibit a naturopathic physician from providing natural health care  services.";
 16    delete lines 42 through 46 and insert:
 17        "(8)  "Natural health care services" means the broad domain of health care
 18    services and procedures, including diagnosis and treatment, where treatment or
 19    advice  regarding the human body and its functions is administered by a person
 20    who:
 21        (a)  Does not use legend drugs or prescription drugs in such practice;
 22        (b)  Uses only natural elements including, without limitation, air,  heat,
 23        water and light;
 24        (c)  Only  uses  class  I  or  class  II nonprescription, approved medical
 25        devices as defined in section 513 of the federal food, drug  and  cosmetic
 26        act;
 27        (d)  Only  uses vitamins, minerals, herbs, natural food products and their
 28        extracts, nutritional supplements and homeopathic preparations  and  reme-
 29        dies not otherwise prohibited by law; and who
 30        (e)  Does not perform surgery.";
 31    delete  lines 48 and 49 and insert: "out to others as a naturopathic physician
 32    or practice naturopathic medicine as defined herein without first applying for
 33    and receiving a license. Persons who are not licensed pursuant to this chapter
 34    may provide natural health care services as defined herein  pursuant  to  sec-
 35    tions 54-5107 and 54-1804, Idaho Code.".
 36        On page 3, in line 6, following ""N.D."" insert: "by a person who has:
 37        (a)  Received  a  doctor  of  naturopathy degree from a school, college or
 38        institution that is licensed, or exempt  from  licensure  as  a  religious
 39        school,  college  or  institution,  by  the  appropriate state educational
 40        licensing agency in which its principal operations or offices are located;
 41        (b)  Completed a doctoral level course of study that  includes  coursework
 42        and  practical  experience,  which may include apprenticeship, of at least
 43        eight hundred (800) hours, upon completion of which a doctor of  naturopa-
 44        thy degree is conferred;
                                 ]]]
                                                                        
                                          2
                                                                        
  1        (c)  Practiced  as  a doctor of naturopathy for twenty (20) years prior to
  2        the effective date of this chapter;
  3        (d)  Practiced as a doctor of naturopathy for at least five (5) years  and
  4        received  a  doctor  of  naturopathy degree prior to the effective date of
  5        this chapter; or
  6        (e)  Received a license pursuant to this chapter.
  7        (4)  No person who does not meet the criteria set forth  in  this  section
  8    may use the titles and terms contained in subsection (3) of this section.".
  9        On page 4, delete lines 24 through 26 and insert:
 10        "(9)  The  practice  and  providing  of  natural  health  care services as
 11    defined herein in compliance with sections 54-5107 and 54-1804, Idaho Code, by
 12    a person who is not licensed, certified or  registered  in  this  state  as  a
 13    health care professional or practitioner.";
 14    in  line  38,  following "section" insert: "and that he or she recognizes that
 15    the practitioner is not licensed to practice medicine, surgery or naturopathic
 16    medicine".
 17        On page 8, in line 16, following "physician"  insert:  "or  who  practices
 18    naturopathic  medicine  as  defined herein"; in line 27, following "physician"
 19    insert: ",  practicing naturopathic medicine as  defined  herein  or  using  a
 20    title or term set forth in section 54-5103(3), Idaho Code,".
                                                                        
 21                                AMENDMENTS TO THE BILL
 22        On page 8, following line 37, insert:
 23        "SECTION  2.  The Legislature recognizes that the enforcement and adminis-
 24    tration of Chapter 51, Title 54, Idaho Code, may  in  some  instances  involve
 25    more than one (1) regulatory board. The Legislature does not intend that there
 26    should  be  any  inconsistency in the enforcement of the provisions of Chapter
 27    51, Title 54, Idaho Code. Therefore, the Legislature intends that  boards  and
 28    regulatory  bodies  seeking  to  enforce any provision hereof shall coordinate
 29    with other affected boards to eliminate duplication of enforcement and  incon-
 30    sistency in rulemaking.";
 31    in line 38, delete "SECTION 2" and insert: "SECTION 3".
 32        On page 10, in line 24, delete "SECTION 3" and insert: "SECTION 4".
                                                                        
 33                                 CORRECTION TO TITLE
 34        On  page 1, in line 14, following "SEVERABILITY;" insert: "TO PROVIDE LEG-
 35    ISLATIVE INTENT REGARDING ENFORCEMENT;".
                                                                        
                                          3
                                                                        
                                                     Moved by    Geddes              
                                                                        
                                                     Seconded by Keough              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1158
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 5 of the printed bill, in line 33, delete "approval"  and  insert:
  3    "a  special  competency certificate"; also in line 33, delete "privileges"; on
  4    page 6, in line 7, delete "five (5)" and  insert:  "seven  (7)";  in  line  9,
  5    delete  "Two  (2)" and insert: "Three (3)"; in line 12, delete "One (1) member
  6    shall be a physician" and insert: "Two (2) members shall be  physicians";  and
  7    in  line  15,  following  "medicine."  insert:  "The  initial council shall be
  8    appointed as follows: One (1) naturopathic physician shall be appointed for  a
  9    one  (1)  year  term;  one  (1) physician licensed under chapter 18, title 54,
 10    Idaho Code, and one (1) pharmacist shall be appointed for a two (2) year term;
 11    and two (2) pharmacists, one (1) naturopathic physician and one (1)  physician
 12    licensed  under  chapter  18,  title  54, Idaho Code, shall be appointed for a
 13    three (3) year term. Thereafter, the term of office shall be three (3)  years.
 14    A  quorum shall consist of five (5) members and shall be required for any vote
 15    to be taken.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                 SENATE BILL NO. 1158, As Amended, As Amended in the House
                                                                        
                                 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; TO PROVIDE LEGISLATIVE
 15        INTENT REGARDING ENFORCEMENT; AND AMENDING SECTIONS 67-2601  AND  67-2602,
 16        IDAHO  CODE,  TO  PROVIDE  REFERENCE  TO THE BOARD OF NATUROPATHIC MEDICAL
 17        EXAMINERS.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  That Title 54, Idaho Code, be, and the same is hereby  amended
 20    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 21    ter 51, Title 54, Idaho Code, and to read as follows:
                                                                        
 22                                      CHAPTER 51
 23                        NATUROPATHIC PHYSICIANS LICENSING ACT
                                                                        
 24        54-5101.  LEGISLATIVE PURPOSE AND INTENT. It is the intent  of  the  Idaho
 25    legislature  that  nothing in this chapter will limit the decision in State v.
 26    Smith except to the extent that certain modalities of treatment shall  require
 27    a  license  pursuant  to this chapter. To that end it is not the intent of the
 28    legislature to regulate the practice of natural health care services as it  is
 29    defined in this chapter, except as expressly provided herein.
                                                                        
 30        54-5102.  DEFINITIONS. As used in this chapter, the following  terms  have
 31    the meanings as stated:
 32        (1)  "Approved  naturopathic  medical program" means a doctoral level pro-
 33    gram of supervised resident study  in naturopathic medicine  approved  by  the
 34    board.
 35        (2)  "Board"  means  the  board  of naturopathic medical examiners created
 36    pursuant to section 54-5108, Idaho Code.
 37        (3)  "Minor office procedures" means the methods for the repair  and  care
 38    incidental  to  superficial lacerations and abrasions, superficial lesions and
 39    the removal of foreign bodies located in the superficial tissues.
 40        (4)  "Naturopathic medical formulary" means the list of prescription medi-
 41    cines which naturopathic physicians use in the practice of  their  profession,
                                                                        
                                           2
                                                                        
  1    as determined by the formulary council and  reviewed  by the board.
  2        (5)  "Naturopathic medical formulary council" means that council comprised
  3    of  members  appointed pursuant to this chapter to determine and authorize the
  4    formulary list.
  5        (6)  "Naturopathic medicine" means a distinct and comprehensive system  of
  6    primary  health  care practiced by naturopathic physicians. For the purpose of
  7    this chapter, naturopathic medicine does not include natural health care  ser-
  8    vices as defined herein, however, nothing contained herein is intended to pro-
  9    hibit a naturopathic physician from providing natural health care services.
 10        (7)  "Naturopathic   physician"   and   all   titles  defined  in  section
 11    54-5103(2), Idaho Code, means a person authorized  and  licensed  to  practice
 12    naturopathic medicine under this chapter.
 13        (8)  "Natural  health care services" means the broad domain of health care
 14    services and procedures, including diagnosis and treatment, where treatment or
 15    advice regarding the human body and its functions is administered by a  person
 16    who:
 17        (a)  Does not use legend drugs or prescription drugs in such practice;
 18        (b)  Uses  only natural elements including, without limitation, air, heat,
 19        water and light;
 20        (c)  Only uses class I  or  class  II  nonprescription,  approved  medical
 21        devices  as  defined in section 513 of the federal food, drug and cosmetic
 22        act;
 23        (d)  Only uses vitamins, minerals, herbs, natural food products and  their
 24        extracts,  nutritional  supplements and homeopathic preparations and reme-
 25        dies not otherwise prohibited by law; and who
 26        (e)  Does not perform surgery.
                                                                        
 27        54-5103.  LICENSE REQUIRED. (1) No person shall hold  himself  or  herself
 28    out to others as a naturopathic physician or practice naturopathic medicine as
 29    defined herein without first applying for and receiving a license. Persons who
 30    are not licensed pursuant to this chapter may provide natural health care ser-
 31    vices as defined herein pursuant to sections 54-5107 and 54-1804, Idaho Code.
 32        (2)  A person holds himself or herself out to  others  as  a  naturopathic
 33    physician  when the person adopts or uses any or all of the following designa-
 34    tions:  "naturopathic   physician,"  "physician  of  naturopathic   medicine,"
 35    "physician  of  natural  medicine,"  "doctor of naturopathic medicine," or its
 36    abbreviation "N.M.D."
 37        (3)  The  titles  and  terms  in  subsection  (2) of this section identify
 38    naturopathic physicians and  are  restricted  to  describing  and  identifying
 39    licensed practitioners. Nothing herein contained shall  prohibit  or  restrict
 40    the  right  to use or employ the titles "doctor of naturopathy," "naturopathic
 41    doctor," or the designation "N.D." by a person who has:
 42        (a)  Received a doctor of naturopathy degree from  a  school,  college  or
 43        institution  that  is  licensed,  or  exempt from licensure as a religious
 44        school, college or  institution,  by  the  appropriate  state  educational
 45        licensing agency in which its principal operations or offices are located;
 46        (b)  Completed  a  doctoral level course of study that includes coursework
 47        and practical experience, which may include apprenticeship,  of  at  least
 48        eight  hundred (800) hours, upon completion of which a doctor of naturopa-
 49        thy degree is conferred;
 50        (c)  Practiced as a doctor of naturopathy for twenty (20) years  prior  to
 51        the effective date of this chapter;
 52        (d)  Practiced  as a doctor of naturopathy for at least five (5) years and
 53        received a doctor of naturopathy degree prior to  the  effective  date  of
 54        this chapter; or
                                                                        
                                           3
                                                                        
  1        (e)  Received a license pursuant to this chapter.
  2        (4)  No  person  who  does not meet the criteria set forth in this section
  3    may use the titles and terms contained in subsection (3) of this section.
                                                                        
  4        54-5104.  SCOPE OF PRACTICE. (1)  Diagnostic  procedures.  A  naturopathic
  5    physician  may  use  physical  and  laboratory  examinations  consistent  with
  6    naturopathic  medical  education  and  training  for  diagnostic  purposes.  A
  7    naturopathic physician may order and perform diagnostic and imaging tests con-
  8    sistent  with  naturopathic medical education and training. All diagnostic and
  9    imaging tests not consistent with naturopathic medical education and training,
 10    must be referred  for  performance  and  interpretation  by  an  appropriately
 11    licensed health care professional.
 12        (2)  Naturopathic  physicians  are  authorized to dispense, administer and
 13    prescribe  prescription  drugs  and  medical   devices   determined   by   the
 14    naturopathic medical formulary council, and authorized by the board.
 15        (3)  A naturopathic physician may perform minor office procedures pursuant
 16    to privileges authorized by the board.
 17        (4)  A  naturopathic  physician may perform those therapies as trained and
 18    educated and authorized by the board.
                                                                        
 19        54-5105.  PROHIBITIONS. A naturopathic physician shall not:
 20        (1)  Prescribe,  dispense or administer any controlled substance or device
 21    identified under the controlled substance act, chapter  27,  title  37,  Idaho
 22    Code,  or  identified  in the federal controlled substance act, 21 U.S.C. sec-
 23    tions 801 through 971 (1988), as amended, except as authorized by  this  chap-
 24    ter;
 25        (2)  Perform  surgical  procedures  except  those  minor office procedures
 26    authorized by this chapter;
 27        (3)  Practice or claim to practice as a medical  doctor,  osteopath,  den-
 28    tist,    podiatrist, optometrist, psychologist, advanced practice professional
 29    nurse, physician assistant, chiropractor, physical  therapist,  acupuncturist,
 30    or  any  other  health care professional not authorized in this chapter unless
 31    licensed by the state of Idaho to do so;
 32        (4)  Use general or spinal anesthetics;
 33        (5)  Administer ionizing radioactive substances for therapeutic purposes;
 34        (6)  Perform surgical procedures using a laser device;
 35        (7)  Induce or perform an abortion;
 36        (8)  Perform surgical procedures involving the eye, ear, tendons,  nerves,
 37    veins or arteries extending beyond superficial tissue;
 38        (9)  Treat  any  lesion  suspicious  of  malignancy  or requiring surgical
 39    removal. Lesions suspicious of malignancy or requiring surgical removal  shall
 40    be  referred to an appropriately licensed health care professional. Nothing in
 41    this chapter shall prohibit treatment of a person with suspicious or malignant
 42    lesions in conjunction with a physician licensed pursuant to chapter 18, title
 43    54, Idaho Code.
 44        (10) Perform chiropractic adjustments as defined in section 54-704,  Idaho
 45    Code.
 46        (11) Perform physical therapy as defined in section 54-2203, Idaho Code.
                                                                        
 47        54-5106.  EXEMPTIONS.  This  chapter  is not intended to and does not pro-
 48    hibit, restrict or apply to:
 49        (1)  The practice of a profession by individuals who are licensed,  certi-
 50    fied or registered under other laws of this state and are performing  services
 51    within the authorized scope of practice; or
 52        (2)  The  practice  of  naturopathic medicine by an individual employed by
                                                                        
                                           4
                                                                        
  1    the federal government while the individual is engaged in the  performance  of
  2    duties prescribed by the laws and regulations of the United States; or
  3        (3)  An  individual  rendering  aid to a family member or in an emergency,
  4    when  no fee or other consideration for  the  service  is  charged,  received,
  5    expected or contemplated; or
  6        (4)  A person engaged in the sale of  vitamins,  health  foods,  over  the
  7    counter homeopathic products, dietary supplements, herbs, or other products of
  8    nature,  the  sale of which is not otherwise prohibited under state or federal
  9    law; or
 10        (5)  A person engaged in good faith for religious reasons as a  matter  of
 11    conscience; or
 12        (6)  The  practice  by  a  naturopathic physician duly licensed in another
 13    state, territory or the District of Columbia when that naturopathic  physician
 14    is incidentally called into this state for consultation with a licensed physi-
 15    cian; or
 16        (7)  The  practice  of  naturopathic  medicine  by students enrolled in an
 17    approved naturopathic medical program. Services shall be performed pursuant to
 18    a course of instruction or assignments from an instructor and under the super-
 19    vision and observation of the instructor; or
 20        (8)  Those who practice massage therapy; or
 21        (9)  The practice and providing of natural health care services as defined
 22    herein in compliance with sections 54-5107 and 54-1804, Idaho Code, by a  per-
 23    son  who  is  not  licensed, certified or registered in this state as a health
 24    care professional or practitioner.
                                                                        
 25        54-5107.  DISCLOSURE BY THOSE PROVIDING NATURAL HEALTH CARE SERVICES.  (1)
 26    Any  person  providing  natural health care services who is not a naturopathic
 27    physician and who is advertising or charging a fee for those services,  shall,
 28    prior  to  providing such services, disclose to the client in a clearly worded
 29    statement:
 30        (a)  The practitioner's name, business address and telephone number;
 31        (b)  The nature of the natural health care services to be provided;
 32        (c)  That the practitioner is not an "M.D.," "D.O." or "N.M.D."
 33        (2)  Before a practitioner provides natural health care services to a cli-
 34    ent for the first time, such practitioner must obtain a written acknowledgment
 35    from the client stating that he or she has been provided with the  information
 36    described  in this section and that he or she recognizes that the practitioner
 37    is not licensed to practice medicine, surgery or  naturopathic  medicine.  The
 38    client shall be provided with a copy of this written acknowledgment which must
 39    be  maintained  for two (2) years by the person providing the services. If the
 40    disclosure information changes, then the practitioner has a duty to repeat the
 41    disclosure if a client obtains services after the change.
                                                                        
 42        54-5108.  BOARD OF NATUROPATHIC MEDICAL EXAMINERS.  (1)  There  is  hereby
 43    established  in  the  department of self-governing agencies, bureau of occupa-
 44    tional licenses, the board of naturopathic medical examiners.
 45        (2)  The board shall consist of five (5) members, four (4) of  whom  shall
 46    be  licensed pursuant to this chapter and one (1) of whom shall be a member of
 47    the public with an interest in the rights of consumers of naturopathic  physi-
 48    cian services.
 49        (3)  One  (1) member of the initial board shall be appointed for a one (1)
 50    year term of office, one (1) member of the initial board  shall  be  appointed
 51    for  a  two (2) year term of office, one (1) member of the initial board shall
 52    be appointed for a three (3) year term of office,  one  (1)  member  shall  be
 53    appointed  for  a four (4) year term of office, and one (1) member of the ini-
                                                                        
                                           5
                                                                        
  1    tial board shall be appointed for a five (5) year term of office.  Thereafter,
  2    the term of office for each member shall be five (5) years.
  3        (4)  Appointments to the board shall be made by the governor from  nomina-
  4    tions  received  from  the  Idaho  association of naturopathic physicians, who
  5    shall nominate  persons qualified for each position to be filled.
  6        (5)  The four (4) members of the board  who  are  naturopathic  physicians
  7    shall  be  licensed  pursuant  to this chapter, practicing within the state of
  8    Idaho for the duration of their appointment and shall have been  practitioners
  9    within the state of Idaho for a minimum of two (2) years immediately preceding
 10    appointment.
 11        (6)  The  initial  four (4) licensed naturopathic physician members of the
 12    board shall be persons with at least two (2) years of experience in the  prac-
 13    tice  of naturopathic medicine who are eligible to become licensed pursuant to
 14    this chapter. In the event of death, resignation  or  removal  of  any  member
 15    before  the  expiration  of  the term to which appointed, the vacancy shall be
 16    filled for the unexpired portion of the term in the same manner as the  origi-
 17    nal appointment.
 18        (7)  The  governor  may remove any member of the board for cause, prior to
 19    the expiration of the member's term.
 20        (8)  The  board, within thirty (30) days after  its  appointment,  and  at
 21    least  annually  thereafter,  shall  hold  a meeting and elect a chairman. The
 22    board may hold additional meetings on the call of the chair or at the  written
 23    request  of any two (2) members of the board. The board may appoint such  com-
 24    mittees as it considers necessary to carry out its duties. A majority  of  the
 25    board shall constitute a quorum.
                                                                        
 26        54-5109.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 27    ity to:
 28        (1)  Determine the qualifications of persons applying for licensure pursu-
 29    ant to this chapter and define, by rule, the appropriate scope of naturopathic
 30    medicine in this state, provided however, that the scope of practice  may  not
 31    exceed that defined in section 54-5104, Idaho Code;
 32        (2)  Grant  a  special  competency certificate for naturopathic childbirth
 33    attendance to those licensees who apply, provided that such applicant can doc-
 34    ument training and experience  equal to or greater than that required  by  the
 35    rules  of the Idaho board of nursing, pursuant to section 54-1404, Idaho Code.
 36    The applicant shall hold hospital  privileges  and   perform  such  procedures
 37    under  the   supervision of a physician licensed pursuant to chapter 18, title
 38    54, Idaho Code;
 39        (3)  Establish special competency certification requirements for licensees
 40    as deemed necessary by action of the board;
 41        (4)  Adopt rules for the defined scope of  practice for licensees;
 42        (5)  Hire and appoint employees, including an executive director, investi-
 43    gators, attorneys, consultants and independent hearing examiners;
 44        (6)  Adopt such rules as are necessary  for  the  administration  of  this
 45    chapter, including standards of professional conduct;
 46        (7)  Conduct investigations and examinations and hold hearings;
 47        (8)  Collect fees and other funds as prescribed by this chapter;
 48        (9)  Provide a uniform, independently proctored and psychometrically valid
 49    examination  for  use  in  licensing  naturopathic physicians, which will ade-
 50    quately test the applicant's knowledge of naturopathic medicine, including the
 51    basic medical sciences and the diagnostic and  therapeutic  skill  of  license
 52    applicants.
 53        (10) Provide  such  other services and perform such other functions as are
 54    necessary and desirable to fulfill its purposes;
                                                                        
                                           6
                                                                        
  1        (11) Establish by rule examination standards for licensure and when  those
  2    examinations will be provided;
  3        (12) Establish  a  minimum  amount  and kind of continuing education to be
  4    required annually for each naturopathic physician seeking licensure renewal.
                                                                        
  5        54-5110.  NATUROPATHIC MEDICAL FORMULARY  COUNCIL  ESTABLISHED.  There  is
  6    hereby established a naturopathic medical formulary council, which is separate
  7    and distinct from the board, to be composed of seven (7) members. Two (2) mem-
  8    bers  shall be naturopathic physicians licensed  under this chapter, appointed
  9    by the board of naturopathic medical examiners. Three  (3)  members  shall  be
 10    pharmacists  licensed under chapter 17, title  54, Idaho  Code,  appointed  by
 11    the board of naturopathic medical examiners from a list of  nominees  provided
 12    by  the  Idaho  state  board  of pharmacy. Two (2) members shall be physicians
 13    licensed under chapter 18, title 54, Idaho Code, appointed  by  the  board  of
 14    naturopathic  medical  examiners from a list of nominees provided by the Idaho
 15    state board of medicine. The initial council shall be  appointed  as  follows:
 16    One (1) naturopathic physician shall be appointed for a one (1) year term; one
 17    (1)  physician  licensed  under  chapter 18, title 54, Idaho Code, and one (1)
 18    pharmacist shall be appointed for a two (2) year term;  and  two  (2)  pharma-
 19    cists,  one  (1)  naturopathic  physician and one (1) physician licensed under
 20    chapter 18, title 54, Idaho Code, shall be appointed  for  a  three  (3)  year
 21    term.  Thereafter, the term of office shall be three (3) years. A quorum shall
 22    consist of five (5) members and shall be required for any vote to be taken. It
 23    shall be the duty of the naturopathic medical formulary council to establish a
 24    formulary for use by naturopathic physicians, and immediately upon adoption or
 25    revision of the formulary, the council shall transmit the  approved  formulary
 26    to the board, which shall adopt the formulary by temporary rule. The formulary
 27    will be reviewed annually by the council, or at any time at the request of the
 28    board.  The  formulary  list may not go beyond the scope of prescription medi-
 29    cines and medical devices covered by approved naturopathic  medical  education
 30    and  training and existing naturopathic medical formularies, or board-approved
 31    continuing education. The naturopathic medical  formulary  shall  not  include
 32    medicines  and  devices  that  are  inconsistent with the training provided by
 33    approved  naturopathic  medical  colleges.  Nothing  herein  shall   allow   a
 34    naturopathic  physician  to dispense, administer or prescribe any prescription
 35    drug as defined in section 54-1705(27), Idaho Code, or medical  device  unless
 36    such  prescription  drug  or  medical  device  is specifically included in the
 37    naturopathic medical formulary.
                                                                        
 38        54-5111.  FEES. (1) All fees received under the provisions of this chapter
 39    shall  be paid to the department of self-governing agencies, bureau of occupa-
 40    tional licenses, and deposited in the state treasury  to  the  credit  of  the
 41    occupational  licenses  fund. All costs and expenses incurred under the provi-
 42    sions of this chapter shall be a charge against and paid from said fund. In no
 43    case shall any salary, expense or other obligation of  the  board  be  charged
 44    against the general fund.
 45        (2)  The fee for licensure shall not exceed five hundred dollars ($500).
                                                                        
 46        54-5112.  QUALIFICATIONS FOR LICENSURE. To be eligible for  a  license  to
 47    practice  as  a  naturopathic  physician  in the state of Idaho, the applicant
 48    shall:
 49        (1)  Provide proof, on a form provided by the board, of completion  of  an
 50    approved naturopathic medical program approved by the board;
 51        (2)  Have passed a competency-based examination approved by the board cov-
 52    ering  basic medical sciences and the diagnostic and clinical sciences consis-
                                                                        
                                           7
                                                                        
  1    tent with the education, training and practice of naturopathic medicine.  Such
  2    examination shall include, but not be limited to, exams in anatomy, biochemis-
  3    try,  microbiology, immunology, pathology, physiology, naturopathic philosophy
  4    and principles, physical and clinical  diagnosis,  lab  diagnosis,  diagnostic
  5    imaging, botanical medicine, naturopathic physical medicine, and nutrition;
  6        (3)  Applicants  may  be  required  to sit for a personal interview by the
  7    board to specifically review the applicant's qualifications, professional cre-
  8    dentials, knowledge, and skills pertaining to  the  practice  of  naturopathic
  9    medicine;
 10        (4)  Possess a good, ethical and professional reputation;
 11        (5)  Be physically and mentally capable of safely practicing  naturopathic
 12    medicine with or without reasonable accommodation;
 13        (6)  Have  never  had a license to practice naturopathic medicine or other
 14    health care license, registration or certificate refused, revoked or suspended
 15    by  any  other  state  or country for reasons that relate  to the  applicant's
 16    ability to skillfully and safely  practice  naturopathic  medicine,  or  other
 17    health  care profession unless that license, registration or certification has
 18    been restored to good standing by that state or country;
 19        (7)  All licensed naturopathic physicians shall  have  on  file  with  the
 20    board  a board-approved disclosure form stating the degrees, training, experi-
 21    ence, credentials and the health care services they are board approved to pro-
 22    vide;
 23        (8)  File a board-approved application and pay the licensing fees.
                                                                        
 24        54-5113.  LICENSE STANDARDS FOR OTHER JURISDICTION APPLICANTS.  The  board
 25    shall  establish by rule the standards for licensure of applicants licensed in
 26    another jurisdiction. However, the  standards  for  endorsement  of  licensure
 27    shall not be less than those required for licensure in the state of Idaho.
                                                                        
 28        54-5114.  INVESTIGATION  --  HEARING  --  SUBPOENA. (1) The board shall be
 29    empowered to investigate, or cause to be investigated, all complaints  regard-
 30    ing any conduct prohibited by this chapter.
 31        (2)  The  board  may  conduct  hearings  to assist with investigations, to
 32    determine whether grounds exist for suspension,  revocation  or  denial  of  a
 33    license  or  to  fulfill  its responsibilities under this chapter as the board
 34    determines necessary.
 35        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 36    disciplinary proceeding and compel, by subpoena duces tecum, the production of
 37    papers and records.
                                                                        
 38        54-5115.  DISCIPLINARY ACTION. The board may suspend, revoke or refuse  to
 39    issue or renew a license on any of the following grounds:
 40        (1)  The employment of fraud or deceit in obtaining a license  under  this
 41    chapter or in connection with services rendered as a naturopathic physician;
 42        (2)  A legal finding of mental incompetence;
 43        (3)  Aiding or abetting a person, not duly licensed under this chapter, in
 44    claiming  to  be  a naturopathic physician or in practicing naturopathic medi-
 45    cine;
 46        (4)  Any negligence, incompetence or  misconduct  in  the  performance  of
 47    naturopathic medicine;
 48        (5)  Conviction  of any crime involving moral turpitude or the entering of
 49    a plea of guilty or the finding of guilt by a jury or court of a commission of
 50    a felony or a crime involving moral turpitude;
 51        (6)  Practicing as a naturopathic physician when physical or mental abili-
 52    ties  are impaired by the use of controlled substances or other drugs,  chemi-
                                                                        
                                           8
                                                                        
  1    cals or alcohol;
  2        (7)  Failure of the individual practitioner to maintain his or her profes-
  3    sional premises in a clean and sanitary condition;
  4        (8)  Any  other  good  cause,  relevant to qualifications to practice as a
  5    naturopathic physician. The board may not suspend, revoke or refuse  to  issue
  6    or renew a license  based on the findings that a licensee's practice is uncon-
  7    ventional in the absence of demonstrable harm to a patient and the patient has
  8    signed  a  waiver  to  the  effect  that the treatment or device is considered
  9    unconventional.
                                                                        
 10        54-5116.  LICENSE DENIAL OR REVOCATION PROCEDURE. When the board  proposes
 11    to  refuse  to  issue  or  renew a license, or proposes to revoke or suspend a
 12    license, opportunity for a hearing shall be  pursuant  to  the  provisions  of
 13    chapter 52, title 67, Idaho Code.
                                                                        
 14        54-5117.  ENFORCEMENT PENALTIES. (1) Every person who knowingly holds him-
 15    self  or herself out as a naturopathic physician or who practices naturopathic
 16    medicine as defined herein in this state without a license is guilty of a mis-
 17    demeanor. A person convicted of a second or subsequent offense shall be guilty
 18    of a felony and shall be imprisoned in the state prison for a  period  not  to
 19    exceed  five  (5)  years, or shall be fined not more than ten thousand dollars
 20    ($10,000) or shall be punished by both such  fine  and  imprisonment.  Nothing
 21    herein  contained shall  regulate, restrict, or prohibit the practice of natu-
 22    ropathy or any naturopathic  health  care  treatment,  therapy,  or  modality,
 23    unregulated  or  permitted  by law prior to July 1, 2005, except to the extent
 24    that such specific treatment, therapy, or modality, is enumerated  herein  and
 25    requires a license hereunder.
 26        (2)  Provided  the board determines in good faith that a person is holding
 27    himself or herself out as a naturopathic physician,   practicing  naturopathic
 28    medicine  as  defined  herein  or  using  a title or term set forth in section
 29    54-5103(3), Idaho Code, in violation of this chapter, the board  may  seek  an
 30    injunction,  provided  it  has given thirty (30) days' prior written notice to
 31    cease and desist against any person who does not comply with such  notice  and
 32    who  holds himself or herself out as a naturopathic physician, in violation of
 33    this chapter and may, in the event a permanent injunction is  entered  against
 34    such person be entitled to all costs and fees incurred by the board in seeking
 35    the injunction.
                                                                        
 36        54-5118.  SEVERABILITY.  If  any provision of this chapter or its applica-
 37    tion to any person or circumstance is held invalid, the remainder of the chap-
 38    ter or the application of the provision to other persons or  circumstances  is
 39    not affected.
                                                                        
 40        SECTION  2.  The  Legislature recognizes that the enforcement and adminis-
 41    tration of Chapter 51, Title 54, Idaho Code, may  in  some  instances  involve
 42    more than one (1) regulatory board. The Legislature does not intend that there
 43    should  be  any  inconsistency in the enforcement of the provisions of Chapter
 44    51, Title 54, Idaho Code. Therefore, the Legislature intends that  boards  and
 45    regulatory  bodies  seeking  to  enforce any provision hereof shall coordinate
 46    with other affected boards to eliminate duplication of enforcement and  incon-
 47    sistency in rulemaking.
                                                                        
 48        SECTION  3.  That  Section 67-2601, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                           9
                                                                        
  1        67-2601.  DEPARTMENT CREATED -- ORGANIZATION  --  DIRECTOR  --  BUREAU  OF
  2    OCCUPATIONAL  LICENSES  CREATED. (1) There is hereby created the department of
  3    self-governing agencies. The department shall, for the purposes of section 20,
  4    article IV of the constitution of the state of Idaho, be an executive  depart-
  5    ment of the state government.
  6        (2)  The department shall consist of the following:
  7        (a)  Agricultural  commodity  commissions: Idaho apple commission, as pro-
  8        vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as  pro-
  9        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
 10        by  chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
 11        by chapter 37, title 22, Idaho Code; Idaho dairy products  commission,  as
 12        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
 13        sion,  as  provided by chapter 35, title 22, Idaho Code; Idaho potato com-
 14        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
 15        mission, as provided by chapter 30, title 22, Idaho Code; the Idaho  wheat
 16        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
 17        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
 18        (b)  Professional  and occupational licensing boards: Idaho state board of
 19        certified public accountancy, as provided by chapter 2,  title  54,  Idaho
 20        Code;  board  of  acupuncture,  as provided by chapter 47, title 54, Idaho
 21        Code; board of architectural examiners, as provided by  chapter  3,  title
 22        54,  Idaho  Code;  office  of  the state athletic director, as provided by
 23        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 24        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 25        bar, as provided by chapter 4, title 3, Idaho Code; board of  chiropractic
 26        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 27        cosmetology,  as  provided by chapter 8, title 54, Idaho Code; Idaho coun-
 28        selor licensing board, as provided by chapter 34, title  54,  Idaho  Code;
 29        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 30        state  board  of  denturitry,  as  provided by chapter 33, title 54, Idaho
 31        Code; state board of engineering examiners, as  provided  by  chapter  12,
 32        title  54, Idaho Code; state board for registration of professional geolo-
 33        gists, as provided by chapter 28, title 54, Idaho Code; board  of  hearing
 34        aid  dealers and fitters, as provided by chapter 29, title 54, Idaho Code;
 35        Idaho state board of landscape architects,  as  provided  by  chapter  30,
 36        title  54, Idaho Code; state board of medicine, as provided by chapter 18,
 37        title 54, Idaho Code,  and  its  associated  physical  therapist  advisory
 38        board,  as  provided  by  chapter 22, title 54, Idaho Code; state board of
 39        morticians, as provided by chapter 11, title  54,  Idaho  Code;  board  of
 40        naturopathic medical examiners, as provided by chapter 51, title 54, Idaho
 41        Code;  board  of  nurses, as provided by chapter 14, title 54, Idaho Code;
 42        board of examiners of nursing home administrators, as provided by  chapter
 43        16, title 54, Idaho Code; state board of optometry, as provided by chapter
 44        15,  title  54, Idaho Code; Idaho outfitters and guides board, as provided
 45        by chapter 21, title 36, Idaho Code; board of  pharmacy,  as  provided  by
 46        chapter  17, title 54, Idaho Code; state board of podiatry, as provided by
 47        chapter 6, title 54, Idaho Code; Idaho state board of psychologist examin-
 48        ers, as provided by chapter 23, title 54, Idaho Code;  Idaho  real  estate
 49        commission,  as  provided by chapter 20, title 54, Idaho Code; real estate
 50        appraiser board, as provided by chapter 41, title 54, Idaho Code; board of
 51        social work examiners, as provided by chapter 32, title  54,  Idaho  Code;
 52        the  board  of  veterinary  medicine, as provided by chapter 21, title 54,
 53        Idaho Code; the board of examiners of residential care  facility  adminis-
 54        trators, as provided by chapter 42, title 54, Idaho Code; and the board of
 55        drinking  water  and  wastewater professionals, as provided by chapter 24,
                                                                        
                                           10
                                                                        
  1        title 54, Idaho Code.
  2        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
  3        (d)  The division of building safety, to be headed by a division  adminis-
  4        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
  5        public works contractor licensing, and logging and industrial safety.  The
  6        division  administrator and bureau chiefs shall be nonclassified employees
  7        exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
  8        istrator of the division shall administer the provisions  of  chapter  40,
  9        title  39,  Idaho  Code,  relating  to manufactured homes and recreational
 10        vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
 11        chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
 12        installer licensing; chapter 10, title 54, Idaho Code, relating  to  elec-
 13        trical  contractors  and  journeymen;  chapter  19,  title 54, Idaho Code,
 14        relating to licensing of public works contractors; chapter 26,  title  54,
 15        Idaho  Code,  relating  to  plumbing  and plumbers; and shall perform such
 16        additional duties as are imposed upon him by law. The division administra-
 17        tor shall cooperate with the industrial commission and aid and assist  the
 18        commission  in  its  administration of sections 72-720, 72-721 and 72-723,
 19        Idaho Code, and at the request of the commission shall make inspection  of
 20        appliances, tools, equipment, machinery, practices or conditions, and make
 21        a written report to the commission. The administrator shall make recommen-
 22        dations  to  the commission to aid the commission in its administration of
 23        sections 72-720, 72-721 and 72-723, Idaho  Code,  provided  however,  that
 24        nothing herein shall be construed as transferring to the administrator any
 25        of the authority or powers now vested in the industrial commission.
 26        (e)  The division of veterans services to be headed by a division adminis-
 27        trator who shall be a nonclassified employee exempt from the provisions of
 28        chapter 53, title  67, Idaho Code. The administrator of the division shall
 29        administer  the provisions of chapter 2, title 65, Idaho Code, and chapter
 30        9, title 66, Idaho Code, with the advice of the veterans  affairs  commis-
 31        sion  established under chapter 2, title 65, Idaho Code, and shall perform
 32        such additional duties as are imposed upon him by law.
 33        (3)  The bureau of occupational licenses  is  hereby  created  within  the
 34    department of self-governing agencies.
                                                                        
 35        SECTION  4.  That  Section 67-2602, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        67-2602.  BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of  occupational
 38    licenses  created  in  the  department  of  self-governing agencies by section
 39    67-2601, Idaho Code, shall be empowered,  by  written  agreement  between  the
 40    bureau  and each agency for which it provides administrative or other services
 41    as provided by law, to provide such services for  the  board  of  acupuncture,
 42    board  of  architectural examiners, board of barber examiners, board of chiro-
 43    practic physicians, board of cosmetology,  counselor  licensing  board,  state
 44    board  of denturitry, board of hearing aid dealers and fitters, board of land-
 45    scape architects, board of morticians, board of naturopathic  medical  examin-
 46    ers,  board  of  examiners of nursing home administrators, board of optometry,
 47    board of podiatrists, board of psychologist examiners, real  estate  appraiser
 48    board,  board  of examiners of residential care facility administrators, board
 49    of social work examiners, and such other professional and occupational licens-
 50    ing boards or commodity commissions as may request such services.  The  bureau
 51    may  charge  a reasonable fee for such services provided any agency not other-
 52    wise provided for by law and shall maintain proper accounting methods for  all
 53    funds under its jurisdiction.
                                                                        
                                           11
                                                                        
  1        (2)  Notwithstanding the statutes governing specific boards, for any board
  2    that  contracts  with  the  bureau of occupational licenses, each board member
  3    shall hold office until a successor has been duly appointed and qualified.
  4        (3)  The department of self-governing agencies, by and through the  bureau
  5    of  occupational  licenses,  shall  be  empowered to provide administrative or
  6    other services for the administration of chapter 48, title 54, Idaho Code,  to
  7    issue,  suspend,  revoke  or  refuse to renew certificates of registration, to
  8    issue subpoenas, to prescribe and impose fees  and  to  assess  administrative
  9    penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.
                                                                        
                                           12
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1158, As Amended
                                                                        
                                 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 5.  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 AND INTENT. It is the intent of the legisla-
 24    ture to provide for state administrative  supervision,  licensure,  regulation
 25    and  disciplinary  procedures,  for  every person practicing as a naturopathic
 26    physician and to require standards of practice and code of ethics  as  adopted
 27    by the board unless otherwise exempted herein.
 28        Legislative  intent  and findings. In enacting these provisions, it is the
 29    intent of the legislature that the central holdings  of  State  v.  Smith,  81
 30    Idaho 103, 337 P.2d 938, are reinforced.  To that end the legislature finds:
 31        (1)  The  practice  of  medicine  and  surgery as regulated in chapter 18,
 32    title 54, Idaho Code, does not include all aspects of each and every brand  of
 33    the entire healing arts.
 34        (2)  Insofar  as  the  practice  of medicine, chiropractic, osteopathy and
 35    other licensed healing disciplines also cover the practice of naturopathy. Na-
 36    turopathy is not limited to practice by those holding a license in  the  other
 37    regulated fields of healing.
 38        (3)  Insofar  as naturopathy is not taught within the educational require-
 39    ments for those licensed to practice medicine in Idaho, it cannot come  within
 40    the  all-inclusive  field  of medicine and surgery, and thus, those practicing
 41    naturopathy are not required to hold a license to practice medicine  and  sur-
 42    gery.
 43        (4)  The enactment of chapter 18, title 54, Idaho Code, by the legislature
 44    of the state of Idaho as it may regulate or be related to naturopathy does not
 45    require  that  a  practitioner of naturopathy hold a license to practice medi-
                                                                        
                                           13
                                                                        
  1    cine.
  2        (5)  The callings or professions of the practice of  medicine,  chiroprac-
  3    tic,  osteopathy, naturopathy and other licensed healing disciplines, although
  4    complementary, do differ materially from each other  as  callings  or  profes-
  5    sions.
  6        (6)  While  the  physician and surgeon is authorized to treat the sick and
  7    afflicted by any and all methods and means, the naturopath and the  chiroprac-
  8    tor are limited in their treatment to employment of their particular systems.
  9        (7)  Naturopathy is a distinct system of the healing arts.
 10        (8)  To  the  extent the system of the healing art known as naturopathy is
 11    limited to the use of a system of physical culture and drugless  treatment  by
 12    methods  intended  to  stimulate  or  assist nature, or to the use of physical
 13    forces such as air, light, water, heat,  massage  and  other  similar  materia
 14    medica,  it is not inherently injurious to the public health, safety or morals
 15    and has no tendency in that direction and is therefore beyond the police power
 16    of the state.
                                                                        
 17        54-5102.  DEFINITIONS. As used in this chapter, the following  terms  have
 18    the meanings as stated:
 19        (1)  "Approved naturopathic medical program" means a doctoral  level  pro-
 20    gram  of  supervised  resident study  in naturopathic medicine approved by the
 21    board.
 22        (2)  "Board" means the board of  naturopathic  medical  examiners  created
 23    pursuant to section 54-5108, Idaho Code.
 24        (3)  "Minor  office  procedures" means the methods for the repair and care
 25    incidental to superficial lacerations and abrasions, superficial  lesions  and
 26    the removal of foreign bodies located in the superficial tissues.
 27        (4)  "Naturopathic medical formulary" means the list of prescription medi-
 28    cines  which  naturopathic physicians use in the practice of their profession,
 29    as determined by the formulary council and  reviewed  by the board.
 30        (5)  "Naturopathic medical formulary council" means that council comprised
 31    of members appointed pursuant to this chapter to determine and  authorize  the
 32    formulary list.
 33        (6)  "Naturopathic  medicine" means a distinct and comprehensive system of
 34    primary health care practiced by naturopathic physicians for  the  prevention,
 35    diagnosis and treatment of human health conditions, injuries and diseases.
 36        (7)  "Naturopathic   physician"   and   all   titles  defined  in  section
 37    54-5103(2), Idaho Code, means a person authorized  and  licensed  to  practice
 38    naturopathic medicine under this chapter.
 39        (8)  "Natural  health care services" means the broad domain of health care
 40    services and procedures, including diagnosis and treatment, which are  permit-
 41    ted  by  Idaho law prior to the enactment of this chapter to be  provided by a
 42    person who is not licensed, certified, or registered as a health care  practi-
 43    tioner by the state of Idaho.
                                                                        
 44        54-5103.  LICENSE  REQUIRED.  (1)  No person shall hold himself or herself
 45    out to others as a naturopathic  physician  without  first  applying  for  and
 46    receiving a license.
 47        (2)  A person holds himself or herself out to  others  as  a  naturopathic
 48    physician  when the person adopts or uses any or all of the following designa-
 49    tions:    "naturopathic   physician,"  "physician  of naturopathic  medicine,"
 50    "physician of natural medicine," "doctor of  naturopathic  medicine,"  or  its
 51    abbreviation "N.M.D."
 52        (3)  The  titles  and  terms  in  subsection  (2) of this section identify
 53    naturopathic physicians and  are  restricted  to  describing  and  identifying
                                                                        
                                           14
                                                                        
  1    licensed  practitioners.  Nothing  herein contained shall prohibit or restrict
  2    the right to use or employ the titles "doctor of  naturopathy,"  "naturopathic
  3    doctor," or the designation "N.D."
                                                                        
  4        54-5104.  SCOPE   OF   PRACTICE. (1) Diagnostic procedures. A naturopathic
  5    physician  may  use  physical  and  laboratory  examinations  consistent  with
  6    naturopathic  medical  education  and  training  for  diagnostic  purposes.  A
  7    naturopathic physician may order and perform diagnostic and imaging tests con-
  8    sistent with naturopathic medical education and training. All  diagnostic  and
  9    imaging tests not consistent with naturopathic medical education and training,
 10    must  be  referred  for  performance  and  interpretation  by an appropriately
 11    licensed health care professional.
 12        (2)  Naturopathic physicians are authorized to  dispense,  administer  and
 13    prescribe   prescription   drugs   and   medical  devices  determined  by  the
 14    naturopathic medical formulary council, and authorized by the board.
 15        (3)  A naturopathic physician may perform minor office procedures pursuant
 16    to privileges authorized by the board.
 17        (4)  A naturopathic physician may perform those therapies as  trained  and
 18    educated and authorized by the board.
                                                                        
 19        54-5105.  PROHIBITIONS. A naturopathic physician shall not:
 20        (1)  Prescribe,  dispense or administer any controlled substance or device
 21    identified  under  the  controlled  substance act, chapter 27, title 37, Idaho
 22    Code, or identified in the federal controlled substance act,  21  U.S.C.  sec-
 23    tions  801  through 971 (1988), as amended, except as authorized by this chap-
 24    ter;
 25        (2)  Perform surgical procedures  except  those  minor  office  procedures
 26    authorized by this chapter;
 27        (3)  Practice  or  claim  to practice as a medical doctor, osteopath, den-
 28    tist,  podiatrist, optometrist, psychologist, advanced  practice  professional
 29    nurse,  physician  assistant, chiropractor, physical therapist, acupuncturist,
 30    or any other health care professional not authorized in  this  chapter  unless
 31    licensed by the state of Idaho to do so;
 32        (4)  Use general or spinal anesthetics;
 33        (5)  Administer ionizing radioactive substances for therapeutic purposes;
 34        (6)  Perform surgical procedures using a laser device;
 35        (7)  Induce or perform an abortion;
 36        (8)  Perform  surgical procedures involving the eye, ear, tendons, nerves,
 37    veins or arteries extending beyond superficial tissue;
 38        (9)  Treat any lesion  suspicious  of  malignancy  or  requiring  surgical
 39    removal.  Lesions suspicious of malignancy or requiring surgical removal shall
 40    be referred to an appropriately licensed health care professional. Nothing  in
 41    this chapter shall prohibit treatment of a person with suspicious or malignant
 42    lesions in conjunction with a physician licensed pursuant to chapter 18, title
 43    54, Idaho Code.
 44        (10) Perform  chiropractic adjustments as defined in section 54-704, Idaho
 45    Code.
 46        (11) Perform physical therapy as defined in section 54-2203, Idaho Code.
                                                                        
 47        54-5106.  EXEMPTIONS. This chapter is not intended to and  does  not  pro-
 48    hibit, restrict or apply to:
 49        (1)  The  practice of a profession by individuals who are licensed, certi-
 50    fied or registered under other laws of this state and are performing  services
 51    within the authorized scope of practice; or
 52        (2)  The practice of naturopathic medicine by an  individual  employed  by
                                                                        
                                           15
                                                                        
  1    the  federal  government while the individual is engaged in the performance of
  2    duties prescribed by the laws and regulations of the United States; or
  3        (3)  An individual rendering aid to a family member or  in  an  emergency,
  4    when  no fee or other consideration for  the  service  is  charged,  received,
  5    expected or contemplated; or
  6        (4)  A  person  engaged  in  the  sale of vitamins, health foods, over the
  7    counter homeopathic products, dietary supplements, herbs, or other products of
  8    nature, the sale of which is not otherwise prohibited under state  or  federal
  9    law; or
 10        (5)  A  person  engaged in good faith for religious reasons as a matter of
 11    conscience; or
 12        (6)  The practice by a naturopathic physician  duly  licensed  in  another
 13    state,  territory or the District of Columbia when that naturopathic physician
 14    is incidentally called into this state for consultation with a licensed physi-
 15    cian; or
 16        (7)  The practice of naturopathic medicine  by  students  enrolled  in  an
 17    approved naturopathic medical program. Services shall be performed pursuant to
 18    a course of instruction or assignments from an instructor and under the super-
 19    vision and observation of the instructor; or
 20        (8)  Those who practice massage therapy; or
 21        (9)  The practice and  providing of natural health care services by a per-
 22    son  who  is  not  licensed, certified or registered in this state as a health
 23    care professional or practitioner.
                                                                        
 24        54-5107.  DISCLOSURE BY THOSE PROVIDING NATURAL HEALTH CARE SERVICES.  (1)
 25    Any  person  providing  natural health care services who is not a naturopathic
 26    physician and who is advertising or charging a fee for those services,  shall,
 27    prior  to  providing such services, disclose to the client in a clearly worded
 28    statement:
 29        (a)  The practitioner's name, business address and telephone number;
 30        (b)  The nature of the natural health care services to be provided;
 31        (c)  That the practitioner is not an "M.D.," "D.O." or "N.M.D."
 32        (2)  Before a practitioner provides natural health care services to a cli-
 33    ent for the first time, such practitioner must obtain a written acknowledgment
 34    from the client stating that he or she has been provided with the  information
 35    described  in  this  section. The client shall be provided with a copy of this
 36    written acknowledgment which must be maintained for two (2) years by the  per-
 37    son  providing  the  services. If the disclosure information changes, then the
 38    practitioner has a duty to repeat the disclosure if a client obtains  services
 39    after the change.
                                                                        
 40        54-5108.  BOARD  OF  NATUROPATHIC  MEDICAL  EXAMINERS. (1) There is hereby
 41    established in the department of self-governing agencies,  bureau  of  occupa-
 42    tional licenses, the board of naturopathic medical examiners.
 43        (2)  The  board  shall consist of five (5) members, four (4) of whom shall
 44    be licensed pursuant to this chapter and one (1) of whom shall be a member  of
 45    the  public with an interest in the rights of consumers of naturopathic physi-
 46    cian services.
 47        (3)  One (1) member of the initial board shall be appointed for a one  (1)
 48    year  term  of  office, one (1) member of the initial board shall be appointed
 49    for a two (2) year term of office, one (1) member of the initial  board  shall
 50    be  appointed  for  a  three  (3) year term of office, one (1) member shall be
 51    appointed for a four (4) year term of office, and one (1) member of  the  ini-
 52    tial  board shall be appointed for a five (5) year term of office. Thereafter,
 53    the term of office for each member shall be five (5) years.
                                                                        
                                           16
                                                                        
  1        (4)  Appointments to the board shall be made by the governor from  nomina-
  2    tions received from the Idaho  association  of  naturopathic  physicians,  who
  3    shall nominate  persons qualified for each position to be filled.
  4        (5)  The  four  (4)  members  of the board who are naturopathic physicians
  5    shall be licensed pursuant to this chapter, practicing  within  the  state  of
  6    Idaho  for the duration of their appointment and shall have been practitioners
  7    within the state of Idaho for a minimum of two (2) years immediately preceding
  8    appointment.
  9        (6)  The initial  four (4) licensed naturopathic physician members of  the
 10    board  shall be persons with at least two (2) years of experience in the prac-
 11    tice of naturopathic medicine who are eligible to become licensed pursuant  to
 12    this  chapter.  In  the  event  of death, resignation or removal of any member
 13    before the expiration of the term to which appointed,  the  vacancy  shall  be
 14    filled  for the unexpired portion of the term in the same manner as the origi-
 15    nal appointment.
 16        (7)  The governor may remove any member of the board for cause,  prior  to
 17    the expiration of the member's term.
 18        (8)  The   board,  within  thirty  (30) days after its appointment, and at
 19    least annually thereafter, shall hold a meeting  and  elect  a  chairman.  The
 20    board  may hold additional meetings on the call of the chair or at the written
 21    request of any two (2) members of the board. The board may appoint such   com-
 22    mittees  as  it considers necessary to carry out its duties. A majority of the
 23    board shall constitute a quorum.
                                                                        
 24        54-5109.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 25    ity to:
 26        (1)  Determine the qualifications of persons applying for licensure pursu-
 27    ant to this chapter and define, by rule, the appropriate scope of naturopathic
 28    medicine in this state, provided however, that the scope of practice  may  not
 29    exceed that defined in section 54-5104, Idaho Code;
 30        (2)  Grant a special competency certificate  for  naturopathic  childbirth
 31    attendance to those licensees who apply, provided that such applicant can doc-
 32    ument  training  and experience  equal to or greater than that required by the
 33    rules of the Idaho board of nursing, pursuant to section 54-1404, Idaho  Code.
 34    The  applicant  shall  hold  hospital  privileges and  perform such procedures
 35    under the  supervision of a physician licensed pursuant to chapter  18,  title
 36    54, Idaho Code;
 37        (3)  Establish special competency certification requirements for licensees
 38    as deemed necessary by action of the board;
 39        (4)  Adopt rules for the defined scope of  practice for licensees;
 40        (5)  Hire and appoint employees, including an executive director, investi-
 41    gators, attorneys, consultants and independent hearing examiners;
 42        (6)  Adopt  such  rules  as  are  necessary for the administration of this
 43    chapter, including standards of professional conduct;
 44        (7)  Conduct investigations and examinations and hold hearings;
 45        (8)  Collect fees and other funds as prescribed by this chapter;
 46        (9)  Provide a uniform, independently proctored and psychometrically valid
 47    examination for use in licensing  naturopathic  physicians,  which  will  ade-
 48    quately test the applicant's knowledge of naturopathic medicine, including the
 49    basic  medical  sciences  and  the diagnostic and therapeutic skill of license
 50    applicants.
 51        (10) Provide such other services and perform such other functions  as  are
 52    necessary and desirable to fulfill its purposes;
 53        (11) Establish  by rule examination standards for licensure and when those
 54    examinations will be provided;
                                                                        
                                           17
                                                                        
  1        (12) Establish a minimum amount and kind of  continuing  education  to  be
  2    required annually for each naturopathic physician seeking licensure renewal.
                                                                        
  3        54-5110.  NATUROPATHIC  MEDICAL  FORMULARY  COUNCIL  ESTABLISHED. There is
  4    hereby established a naturopathic medical formulary council, which is separate
  5    and distinct from the board, to be composed of seven (7) members. Two (2) mem-
  6    bers shall be naturopathic physicians licensed  under this chapter,  appointed
  7    by  the  board  of  naturopathic medical examiners. Three (3) members shall be
  8    pharmacists licensed under chapter 17, title  54, Idaho  Code,  appointed   by
  9    the  board  of naturopathic medical examiners from a list of nominees provided
 10    by the Idaho state board of pharmacy. Two  (2)  members  shall  be  physicians
 11    licensed  under  chapter  18, title 54, Idaho Code, appointed  by the board of
 12    naturopathic medical examiners from a list of nominees provided by  the  Idaho
 13    state  board  of  medicine. The initial council shall be appointed as follows:
 14    One (1) naturopathic physician shall be appointed for a one (1) year term; one
 15    (1) physician licensed under chapter 18, title 54, Idaho  Code,  and  one  (1)
 16    pharmacist  shall  be  appointed  for a two (2) year term; and two (2) pharma-
 17    cists, one (1) naturopathic physician and one  (1)  physician  licensed  under
 18    chapter  18,  title  54,  Idaho  Code, shall be appointed for a three (3) year
 19    term. Thereafter, the term of office shall be three (3) years. A quorum  shall
 20    consist of five (5) members and shall be required for any vote to be taken. It
 21    shall be the duty of the naturopathic medical formulary council to establish a
 22    formulary for use by naturopathic physicians, and immediately upon adoption or
 23    revision  of  the formulary, the council shall transmit the approved formulary
 24    to the board, which shall adopt the formulary by temporary rule. The formulary
 25    will be reviewed annually by the council, or at any time at the request of the
 26    board. The formulary list may not go beyond the scope  of  prescription  medi-
 27    cines  and  medical devices covered by approved naturopathic medical education
 28    and training and existing naturopathic medical formularies, or  board-approved
 29    continuing  education.  The  naturopathic  medical formulary shall not include
 30    medicines and devices that are inconsistent  with  the  training  provided  by
 31    approved   naturopathic   medical  colleges.  Nothing  herein  shall  allow  a
 32    naturopathic physician to dispense, administer or prescribe  any  prescription
 33    drug  as  defined in section 54-1705(27), Idaho Code, or medical device unless
 34    such prescription drug or medical  device  is  specifically  included  in  the
 35    naturopathic medical formulary.
                                                                        
 36        54-5111.  FEES. (1) All fees received under the provisions of this chapter
 37    shall  be paid to the department of self-governing agencies, bureau of occupa-
 38    tional  licenses,  and  deposited  in  the state treasury to the credit of the
 39    occupational licenses fund. All costs and expenses incurred under  the  provi-
 40    sions of this chapter shall be a charge against and paid from said fund. In no
 41    case  shall  any  salary,  expense or other obligation of the board be charged
 42    against the general fund.
 43        (2)  The fee for licensure shall not exceed five hundred dollars ($500).
                                                                        
 44        54-5112.  QUALIFICATIONS FOR LICENSURE. To be eligible for  a  license  to
 45    practice as a naturopathic physician in the  state  of  Idaho,  the  applicant
 46    shall:
 47        (1)  Provide  proof,  on a form provided by the board, of completion of an
 48    approved naturopathic medical program approved by the board;
 49        (2)  Have passed a competency-based examination approved by the board cov-
 50    ering basic medical sciences and the diagnostic and clinical sciences  consis-
 51    tent  with the education, training and practice of naturopathic medicine. Such
 52    examination shall include, but not be limited to, exams in anatomy, biochemis-
                                                                        
                                           18
                                                                        
  1    try, microbiology, immunology, pathology, physiology, naturopathic  philosophy
  2    and  principles,  physical  and  clinical diagnosis, lab diagnosis, diagnostic
  3    imaging, botanical medicine, naturopathic physical medicine, and nutrition;
  4        (3)  Applicants may be required to sit for a  personal  interview  by  the
  5    board to specifically review the applicant's qualifications, professional cre-
  6    dentials,  knowledge,  and  skills  pertaining to the practice of naturopathic
  7    medicine;
  8        (4)  Possess a good, ethical and professional reputation;
  9        (5)  Be physically and mentally capable of safely practicing  naturopathic
 10    medicine with or without reasonable accommodation;
 11        (6)  Have  never  had a license to practice naturopathic medicine or other
 12    health care license, registration or certificate refused, revoked or suspended
 13    by any other state or country for reasons that  relate   to  the   applicant's
 14    ability  to  skillfully  and  safely  practice naturopathic medicine, or other
 15    health care profession unless that license, registration or certification  has
 16    been restored to good standing by that state or country;
 17        (7)  All  licensed  naturopathic  physicians  shall  have on file with the
 18    board a board-approved disclosure form stating the degrees, training,  experi-
 19    ence, credentials and the health care services they are board approved to pro-
 20    vide;
 21        (8)  File a board-approved application and pay the licensing fees.
                                                                        
 22        54-5113.  LICENSE  STANDARDS  FOR OTHER JURISDICTION APPLICANTS. The board
 23    shall establish by rule the standards for licensure of applicants licensed  in
 24    another  jurisdiction.  However,  the  standards  for endorsement of licensure
 25    shall not be less than those required for licensure in the state of Idaho.
                                                                        
 26        54-5114.  INVESTIGATION -- HEARING -- SUBPOENA. (1)  The  board  shall  be
 27    empowered  to investigate, or cause to be investigated, all complaints regard-
 28    ing any conduct prohibited by this chapter.
 29        (2)  The board may conduct hearings  to  assist  with  investigations,  to
 30    determine  whether  grounds  exist  for  suspension, revocation or denial of a
 31    license or to fulfill its responsibilities under this  chapter  as  the  board
 32    determines necessary.
 33        (3)  The board may subpoena witnesses, administer oaths in any hearing  or
 34    disciplinary proceeding and compel, by subpoena duces tecum, the production of
 35    papers and records.
                                                                        
 36        54-5115.  DISCIPLINARY ACTION. The board may suspend, revoke or refuse  to
 37    issue or renew a license on any of the following grounds:
 38        (1)  The  employment  of fraud or deceit in obtaining a license under this
 39    chapter or in connection with services rendered as a naturopathic physician;
 40        (2)  A legal finding of mental incompetence;
 41        (3)  Aiding or abetting a person, not duly licensed under this chapter, in
 42    claiming to be a naturopathic physician or in  practicing  naturopathic  medi-
 43    cine;
 44        (4)  Any  negligence,  incompetence  or  misconduct  in the performance of
 45    naturopathic medicine;
 46        (5)  Conviction of any crime involving moral turpitude or the entering  of
 47    a plea of guilty or the finding of guilt by a jury or court of a commission of
 48    a felony or a crime involving moral turpitude;
 49        (6)  Practicing as a naturopathic physician when physical or mental abili-
 50    ties   are impaired by the use of controlled substances or other drugs, chemi-
 51    cals or alcohol;
 52        (7)  Failure of the individual practitioner to maintain his or her profes-
                                                                        
                                           19
                                                                        
  1    sional premises in a clean and sanitary condition;
  2        (8)  Any other good cause, relevant to qualifications  to  practice  as  a
  3    naturopathic  physician.  The board may not suspend, revoke or refuse to issue
  4    or renew a license  based on the findings that a licensee's practice is uncon-
  5    ventional in the absence of demonstrable harm to a patient and the patient has
  6    signed a waiver to the effect that  the  treatment  or  device  is  considered
  7    unconventional.
                                                                        
  8        54-5116.  LICENSE  DENIAL OR REVOCATION PROCEDURE. When 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        54-5117.  ENFORCEMENT PENALTIES. (1) Every person who knowingly holds him-
 13    self or herself out as a  naturopathic  physician  in  this  state  without  a
 14    license  is  guilty of a misdemeanor. A person convicted of a second or subse-
 15    quent offense shall be guilty of a felony and shall be imprisoned in the state
 16    prison for a period not to exceed five (5) years, or shall be fined  not  more
 17    than ten thousand dollars ($10,000) or shall be punished by both such fine and
 18    imprisonment.  Nothing herein contained shall  regulate, restrict, or prohibit
 19    the practice of naturopathy or any naturopathic health care  treatment,  ther-
 20    apy,  or  modality,  unregulated  or  permitted  by law prior to July 1, 2005,
 21    except to the extent that such specific treatment, therapy,  or  modality,  is
 22    enumerated herein and requires a license hereunder.
 23        (2)  Provided  the board determines in good faith that a person is holding
 24    himself or herself out as a naturopathic physician in violation of this  chap-
 25    ter,  the  board    may  seek an injunction, provided it has given thirty (30)
 26    days' prior written notice to cease and desist against any person who does not
 27    comply with such notice and who holds himself or herself out as a naturopathic
 28    physician, in violation of this chapter and may,  in  the  event  a  permanent
 29    injunction  is  entered  against such person be entitled to all costs and fees
 30    incurred by the board in seeking the injunction.
                                                                        
 31        54-5118.  SEVERABILITY. If any provision of this chapter or  its  applica-
 32    tion to any person or circumstance is held invalid, the remainder of the chap-
 33    ter  or  the application of the provision to other persons or circumstances is
 34    not affected.
                                                                        
 35        SECTION 6.  That Section 67-2601, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        67-2601.  DEPARTMENT  CREATED  --  ORGANIZATION  --  DIRECTOR -- BUREAU OF
 38    OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the  department  of
 39    self-governing agencies. The department shall, for the purposes of section 20,
 40    article  IV of the constitution of the state of Idaho, be an executive depart-
 41    ment of the state government.
 42        (2)  The department shall consist of the following:
 43        (a)  Agricultural commodity commissions: Idaho apple commission,  as  pro-
 44        vided  by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
 45        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
 46        by chapter 29, title 25, Idaho Code; Idaho cherry commission, as  provided
 47        by  chapter  37, title 22, Idaho Code; Idaho dairy products commission, as
 48        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
 49        sion, as provided by chapter 35, title 22, Idaho Code; Idaho  potato  com-
 50        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
                                                                        
                                           20
                                                                        
  1        mission,  as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
  2        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
  3        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
  4        (b)  Professional and occupational licensing boards: Idaho state board  of
  5        certified  public  accountancy,  as provided by chapter 2, title 54, Idaho
  6        Code; board of acupuncture, as provided by chapter  47,  title  54,  Idaho
  7        Code;  board  of  architectural examiners, as provided by chapter 3, title
  8        54, Idaho Code; office of the state  athletic  director,  as  provided  by
  9        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 10        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 11        bar,  as provided by chapter 4, title 3, Idaho Code; board of chiropractic
 12        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 13        cosmetology, as provided by chapter 8, title 54, Idaho Code;  Idaho  coun-
 14        selor  licensing  board,  as provided by chapter 34, title 54, Idaho Code;
 15        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 16        state board of denturitry, as provided by  chapter  33,  title  54,  Idaho
 17        Code;  state  board  of  engineering examiners, as provided by chapter 12,
 18        title 54, Idaho Code; state board for registration of professional  geolo-
 19        gists,  as  provided by chapter 28, title 54, Idaho Code; board of hearing
 20        aid dealers and fitters, as provided by chapter 29, title 54, Idaho  Code;
 21        Idaho  state  board  of  landscape  architects, as provided by chapter 30,
 22        title 54, Idaho Code; state board of medicine, as provided by chapter  18,
 23        title  54,  Idaho  Code,  and  its  associated physical therapist advisory
 24        board, as provided by chapter 22, title 54, Idaho  Code;  state  board  of
 25        morticians,  as  provided  by  chapter  11, title 54, Idaho Code; board of
 26        naturopathic medical examiners, as provided by chapter 51, title 54, Idaho
 27        Code; board of nurses, as provided by chapter 14, title  54,  Idaho  Code;
 28        board  of examiners of nursing home administrators, as provided by chapter
 29        16, title 54, Idaho Code; state board of optometry, as provided by chapter
 30        15, title 54, Idaho Code; Idaho outfitters and guides board,  as  provided
 31        by  chapter  21,  title  36, Idaho Code; board of pharmacy, as provided by
 32        chapter 17, title 54, Idaho Code; state board of podiatry, as provided  by
 33        chapter 6, title 54, Idaho Code; Idaho state board of psychologist examin-
 34        ers,  as  provided  by chapter 23, title 54, Idaho Code; Idaho real estate
 35        commission, as provided by chapter 20, title 54, Idaho Code;  real  estate
 36        appraiser board, as provided by chapter 41, title 54, Idaho Code; board of
 37        social  work  examiners,  as provided by chapter 32, title 54, Idaho Code;
 38        the board of veterinary medicine, as provided by  chapter  21,  title  54,
 39        Idaho  Code;  the board of examiners of residential care facility adminis-
 40        trators, as provided by chapter 42, title 54, Idaho Code; and the board of
 41        drinking water and wastewater professionals, as provided  by  chapter  24,
 42        title 54, Idaho Code.
 43        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
 44        (d)  The division of building safety, to be headed by a division  adminis-
 45        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
 46        public  works contractor licensing, and logging and industrial safety. The
 47        division administrator and bureau chiefs shall be nonclassified  employees
 48        exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
 49        istrator  of  the  division shall administer the provisions of chapter 40,
 50        title 39, Idaho Code, relating  to  manufactured  homes  and  recreational
 51        vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
 52        chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
 53        installer  licensing;  chapter 10, title 54, Idaho Code, relating to elec-
 54        trical contractors and journeymen;  chapter  19,  title  54,  Idaho  Code,
 55        relating  to  licensing of public works contractors; chapter 26, title 54,
                                                                        
                                           21
                                                                        
  1        Idaho Code, relating to plumbing and  plumbers;  and  shall  perform  such
  2        additional duties as are imposed upon him by law. The division administra-
  3        tor  shall cooperate with the industrial commission and aid and assist the
  4        commission in its administration of sections 72-720,  72-721  and  72-723,
  5        Idaho  Code, and at the request of the commission shall make inspection of
  6        appliances, tools, equipment, machinery, practices or conditions, and make
  7        a written report to the commission. The administrator shall make recommen-
  8        dations to the commission to aid the commission in its  administration  of
  9        sections  72-720,  72-721  and  72-723, Idaho Code, provided however, that
 10        nothing herein shall be construed as transferring to the administrator any
 11        of the authority or powers now vested in the industrial commission.
 12        (e)  The division of veterans services to be headed by a division adminis-
 13        trator who shall be a nonclassified employee exempt from the provisions of
 14        chapter 53, title  67, Idaho Code. The administrator of the division shall
 15        administer the provisions of chapter 2, title 65, Idaho Code, and  chapter
 16        9,  title  66, Idaho Code, with the advice of the veterans affairs commis-
 17        sion established under chapter 2, title 65, Idaho Code, and shall  perform
 18        such additional duties as are imposed upon him by law.
 19        (3)  The  bureau  of  occupational  licenses  is hereby created within the
 20    department of self-governing agencies.
                                                                        
 21        SECTION 7.  That Section 67-2602, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        67-2602.  BUREAU  OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
 24    licenses created in the  department  of  self-governing  agencies  by  section
 25    67-2601,  Idaho  Code,  shall  be  empowered, by written agreement between the
 26    bureau and each agency for which it provides administrative or other  services
 27    as  provided  by  law,  to provide such services for the board of acupuncture,
 28    board of architectural examiners, board of barber examiners, board  of  chiro-
 29    practic  physicians,  board  of  cosmetology, counselor licensing board, state
 30    board of denturitry, board of hearing aid dealers and fitters, board of  land-
 31    scape  architects,  board of morticians, board of naturopathic medical examin-
 32    ers, board of examiners of nursing home administrators,  board  of  optometry,
 33    board  of  podiatrists, board of psychologist examiners, real estate appraiser
 34    board, board of examiners of residential care facility  administrators,  board
 35    of social work examiners, and such other professional and occupational licens-
 36    ing  boards  or commodity commissions as may request such services. The bureau
 37    may charge a reasonable fee for such services provided any agency  not  other-
 38    wise  provided for by law and shall maintain proper accounting methods for all
 39    funds under its jurisdiction.
 40        (2)  Notwithstanding the statutes governing specific boards, for any board
 41    that contracts with the bureau of occupational  licenses,  each  board  member
 42    shall hold office until a successor has been duly appointed and qualified.
 43        (3)  The  department of self-governing agencies, by and through the bureau
 44    of occupational licenses, shall be  empowered  to  provide  administrative  or
 45    other  services for the administration of chapter 48, title 54, Idaho Code, to
 46    issue, suspend, revoke or refuse to renew  certificates  of  registration,  to
 47    issue  subpoenas,  to  prescribe  and impose fees and to assess administrative
 48    penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.

Statement of Purpose / Fiscal Impact



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                       STATEMENT OF PURPOSE

                            RS 15040C1


There are a significantly growing number of residents in the
State of Idaho who choose natural health care.  The purpose of
this legislation is to expand the health care options of Idahoans
by licensing and setting standards of practice for Naturopathic
Physicians, while clarifying who may practice natural health care
and what titles they may use.




                           FISCAL NOTE


There will be no fiscal impact to the general fund.




Sponsors: Sen. Robert Geddes
          Rep. Sharon Block
          Rep. Tom Loertscher

Contacts: Kris Ellis       250-3132
          Larry Benton     461-2000
          Chuck Lempesis   777-8815



STATEMENT OF PURPOSE/FISCAL NOTE                    S 1158aa,aaH