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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 - 2005IN 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 - 2005Moved 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 - 2005IN 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