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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
]]]] 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.
]]]] 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.".
]]]] 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.
REPRINT REPRINT REPRINT REPRINT
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