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S1425aaH..............................................by HEALTH AND WELFARE
NATUROPATHIC PHYSICIANS - Amends and adds to existing law to provide that
members of the Board of Naturopathic Medical Examiners shall serve at the
pleasure of the Governor; to revise requirements for nominations to the
board; to delete a provision for removal of a board member for cause; and
to prohibit issuance of new licenses until certain conditions are met.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 25-7-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Gannon, Goedde, Hammond,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, Schroeder, Stegner, Stennett, Werk
NAYS -- Fulcher, Heinrich, Hill, McKenzie, Pearce, Richardson,
Siddoway
Absent and excused -- Burkett, Geddes, McKague
Floor Sponsor - Coiner
Title apvd - to House
02/22 House intro - 1st rdg - Held at Desk
02/25 Ref'd to Health/Wel
03/13 Rpt out - to Gen Ord
03/14 Ret'd to Health/Wel
03/21 Rpt out - to Gen Ord
03/25 Rpt out amen - to 1st rdg as amen
03/26 1st rdg - to 2nd rdg as amen
03/27 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 60-5-5
AYES -- Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe,
Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins, Crane,
Durst, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen,
King, Kren, Lake, LeFavour, Luker, Marriott, Mathews, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- Barrett, Bowers, Harwood, Loertscher, Patrick
Absent and excused -- Anderson, Clark, Labrador, McGeachin, Stevenson
Floor Sponsor - Roberts
Title apvd - to Senate
03/27 Senate concurred in House amens - to engros
03/28 Rpt engros - 1st rdg - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, McKenzie, Pearce
Floor Sponsor - Coiner
Title apvd - to enrol
04/01 Rpt enrol - Pres signed - Sp signed - To Governor
04/11 Governor signed
Session Law Chapter 406
Effective: 04/11/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1425 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE NATUROPATHIC PHYSICIANS LICENSING ACT; AMENDING SECTION 3 54-5102, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 54-5108, 4 IDAHO CODE, TO PROVIDE THAT MEMBERS OF THE BOARD OF NATUROPATHIC MEDICAL 5 EXAMINERS SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND TO REVISE QUALI- 6 FICATIONS FOR BOARD MEMBERSHIP; AMENDING CHAPTER 54, TITLE 51, IDAHO CODE, 7 BY THE ADDITION OF A NEW SECTION 54-5108A, IDAHO CODE, TO PROVIDE FOR THE 8 DISSOLUTION OF THE BOARD AND TO PROVIDE FOR APPOINTMENT OF BOARD MEMBERS; 9 AMENDING SECTION 54-5109, IDAHO CODE, TO REVISE POWERS AND DUTIES OF THE 10 BOARD; AMENDING SECTION 54-5111, IDAHO CODE, TO REVISE FEES FOR LICENSURE; 11 AMENDING SECTION 54-5112, IDAHO CODE, TO REVISE QUALIFICATIONS FOR LICEN- 12 SURE; AND DECLARING AN EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 54-5102, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-5102. DEFINITIONS. As used in this chapter, the following terms have 17 the meanings as stated: 18 (1) "Approved naturopathic medical program" means a doctoral level pro- 19 gram of supervised resident study in naturopathic medicine approved bythe20boardan accrediting body recognized by the United States department of educa- 21 tion. 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 purpose of 35 this chapter, naturopathic medicine does not include natural health care ser- 36 vices as defined herein, however, nothing contained herein is intended to pro- 37 hibit a naturopathic physician from providing natural health care services. 38 (7) "Naturopathic physician" and all titles defined in section 39 54-5103(2), Idaho Code, means a person authorized and licensed to practice 40 naturopathic medicine under this chapter. 41 (8) "Natural health care services" means the broad domain of health care 42 services and procedures, including diagnosis and treatment, where treatment or 43 advice regarding the human body and its functions is administered by a person 2 1 who: 2 (a) Does not use legend drugs or prescription drugs in such practice; 3 (b) Uses only natural elements including, without limitation, air, heat, 4 water and light; 5 (c) Only uses class I or class II nonprescription, approved medical 6 devices as defined in section 513 of the federal food, drug and cosmetic 7 act; 8 (d) Only uses vitamins, minerals, herbs, natural food products and their 9 extracts, nutritional supplements and homeopathic preparations and reme- 10 dies not otherwise prohibited by law; and who 11 (e) Does not perform surgery. 12 SECTION 2. That Section 54-5108, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-5108. BOARD OF NATUROPATHIC MEDICAL EXAMINERS. (1) There is hereby 15 established in the department of self-governing agencies, bureau of occupa- 16 tional licenses, the board of naturopathic medical examiners. 17 (2) The board shall consist of five (5) members, four (4) of whom shall 18 be licensed pursuant to this chapter and one (1) of whom shall be a member of 19 the public with an interest in the rights of consumers of naturopathic physi- 20 cian services. 21 (3) One (1) member of the initial board shall be appointed for a one (1) 22 year term of office, one (1) member of the initial board shall be appointed 23 for a two (2) year term of office, one (1) member of the initial board shall 24 be appointed for a three (3) year term of office, one (1) member shall be 25 appointed for a four (4) year term of office, and one (1) member of the ini- 26 tial board shall be appointed for a five (5) year term of office. Thereafter, 27 the term of office for each member shall be five (5) years. Members shall 28 serve at the pleasure of the governor. 29 (4) Appointments to the board shall be made by the governor fromnomina-30tions received from the Idaho association of naturopathic physicians, who31shall nominate persons qualified for each position to be filledlicensees who 32 meet the licensure qualifications provided in section 54-5112, Idaho Code. 33 (5) The four (4) members of the board who are naturopathic physicians 34 shall be licensed pursuant to this chapter, practicing within the state of 35 Idaho for the duration of their appointment and shall have been practitioners 36 within the state of Idaho for a minimum of two (2) years immediately preceding 37 appointment. 38 (6) The initial four (4) licensed naturopathic physician members of the 39 board shall be persons with at least two (2) years of experience in the prac- 40 tice of naturopathic medicine who are eligible to become licensed pursuant to 41 this chapter. In the event of death, resignation or removal of any member 42 before the expiration of the term to which appointed, the vacancy shall be 43 filled for the unexpired portion of the term in the same manner as the origi- 44 nal appointment. 45 (7) The governor may remove any member of the board for cause, prior to 46 the expiration of the member's term. 47 (8) The board, within thirty (30) days after its appointment, and at 48 least annually thereafter, shall hold a meeting and elect a chairman. The 49 board may hold additional meetings on the call of the chair or at the written 50 request of any two (2) members of the board. The board may appoint such com- 51 mittees as it considers necessary to carry out its duties. A majority of the 52 board shall constitute a quorum. 3 1 SECTION 3. That Chapter 51, Title 54, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 54-5108A, Idaho Code, and to read as follows: 4 54-5108A. DISSOLUTION OF BOARD -- APPOINTMENT OF BOARD. The board as con- 5 stituted as of the effective date of this act is hereby dissolved. The gover- 6 nor shall appoint five (5) members to the board by July 1, 2008. Notwithstand- 7 ing any other provision of law, of the five (5) members to be appointed as 8 provided in this section, four (4) members shall be naturopathic physicians 9 who shall be persons with at least two (2) years of experience in the practice 10 of naturopathic medicine who, at the time of appointment, shall have passed 11 the naturopathic physicians licensing examination, also referred to as the 12 NPLEX, and are eligible to become licensed pursuant to this chapter. The terms 13 of appointments made pursuant to this section shall be in accordance with the 14 provisions in section 54-5108(3), Idaho Code. 15 SECTION 4. That Section 54-5109, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 54-5109. POWERS AND DUTIES OF THE BOARD. The board shall have the author- 18 ity to: 19 (1) Determine the qualifications of persons applying for licensure pursu- 20 ant to this chapter and define, by rule, the appropriate scope of naturopathic 21 medicine in this state, provided however, that the scope of practice may not 22 exceed that defined in section 54-5104, Idaho Code; 23 (2) Grant a special competency certificate for naturopathic childbirth 24 attendance to those licensees who apply, provided that such applicant can doc- 25 ument training and experience equal to or greater than that required by the 26 rules of the Idaho board of nursing, pursuant to section 54-1404, Idaho Code. 27 The applicant shall hold hospital privileges and perform such procedures 28 under the supervision of a physician licensed pursuant to chapter 18, title 29 54, Idaho Code; 30 (3) Establish special competency certification requirements for licensees 31 as deemed necessary by action of the board; 32 (4) Adopt rules for the defined scope of practice for licensees; 33 (5) Hire and appoint employees, including an executive director, investi- 34 gators, attorneys, consultants and independent hearing examiners; 35 (6) Adopt such rules as are necessary for the administration of this 36 chapter, including standards of professional conduct; 37 (7) Conduct investigations and examinations and hold hearings; 38 (8) Collect fees and other funds as prescribed by this chapter; 39 (9)Provide a uniform, independently proctored and psychometrically valid40examination for use in licensing naturopathic physicians, which will ade-41quately test the applicant's knowledge of naturopathic medicine, including the42basic medical sciences and the diagnostic and therapeutic skill of license43applicants.44(10)Provide such other services and perform such other functions as are 45 necessary and desirable to fulfill its purposes; 46 (110) Establish by rule examination standards for licensure and when those 47 examinations will be provided; 48 (121) Establish a minimum amount and kind of continuing education to be 49 required annually for each naturopathic physician seeking licensure renewal. 50 SECTION 5. That Section 54-5111, Idaho Code, be, and the same is hereby 51 amended to read as follows: 4 1 54-5111. FEES. (1) All fees received under the provisions of this chapter 2 shall be paid to the department of self-governing agencies, bureau of occupa- 3 tional licenses, and deposited in the state treasury to the credit of the 4 occupational licenses fund. All costs and expenses incurred under the provi- 5 sions of this chapter shall be a charge against and paid from said fund. In no 6 case shall any salary, expense or other obligation of the board be charged 7 against the general fund. 8 (2) The fee for licensure shall not exceedfiveseven hundred fifty dol- 9 lars ($50750). 10 SECTION 6. That Section 54-5112, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-5112. QUALIFICATIONS FOR LICENSURE. To be eligible for a license to 13 practice as a naturopathic physician in the state of Idaho, the applicant 14 shall: 15 (1) Provide proof, on a form provided by the board, of completion of an 16 approved naturopathic medical program approved by the board; 17 (2) Have passedathe competency-basedexamination approved by the board18covering basic medical sciences and the diagnostic and clinical sciences con-19sistent with the education, training and practice of naturopathic medicine20 naturopathic physicians licensing examination, also referred to as the NPLEX. 21 Such examination shall include, but not be limited to, exams in anatomy, bio- 22 chemistry, microbiology, immunology, pathology, physiology, naturopathic phi- 23 losophy and principles, physical and clinical diagnosis, lab diagnosis, diag- 24 nostic imaging, botanical medicine, naturopathic physical medicine, and nutri- 25 tion; 26 (3) Applicants may be required to sit for a personal interview by the 27 board to specifically review the applicant's qualifications, professional cre- 28 dentials, knowledge, and skills pertaining to the practice of naturopathic 29 medicine; 30 (4) Possess a good, ethical and professional reputation; 31 (5) Be physically and mentally capable of safely practicing naturopathic 32 medicine with or without reasonable accommodation; 33 (6) Have never had a license to practice naturopathic medicine or other 34 health care license, registration or certificate refused, revoked or suspended 35 by any other state or country for reasons that relate to the applicant's 36 ability to skillfully and safely practice naturopathic medicine, or other 37 health care profession unless that license, registration or certification has 38 been restored to good standing by that state or country; 39 (7) All licensed naturopathic physicians shall have on file with the 40 board a board-approved disclosure form stating the degrees, training, experi- 41 ence, credentials and the health care services they are board approved to pro- 42 vide; 43 (8) File a board-approved application and pay the licensing fees. 44 SECTION 7. An emergency existing therefor, which emergency is hereby 45 declared to exist, this act shall be in full force and effect on and after its 46 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Roberts Seconded by Henbest IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1425 1 AMENDMENT TO SECTION 2 2 On page 2 of the printed bill, in line 29, following "governor" insert: ". 3 Prior to the expiration of the regular term of a member of the board or upon 4 the occurrence of declaration of a vacancy in the membership of the board, the 5 governor shall notify in writing the Idaho association of naturopathic physi- 6 cians and the Idaho chapter of the American association of naturopathic physi- 7 cians thereof, and each association shall, within thirty (30) days thereafter, 8 nominate one (1) or more qualified persons to fill such vacancy and shall 9 forthwith forward the nominations to the governor, who shall thereupon appoint 10 from such nominees, the person to be a member of the board to fill such 11 vacancy."; and also in line 29, delete "from" and insert: "from"; in line 31, 12 delete "licensees who" and insert: "."; delete line 32; delete lines 45 and 46 13 and insert: 14 "(7)The governor may remove any member of the board for cause, prior to15the expiration of the member's term."; and in line 47, delete "(8)" and 16 insert: "(8)". 17 AMENDMENTS TO THE BILL 18 On page 1, delete lines 14 through 43; on page 2, delete lines 1 through 19 11; in line 12, delete "SECTION 2" and insert: "SECTION 1"; on page 3, delete 20 lines 1 through 51; and on page 4, delete lines 1 through 43 and insert: 21 "SECTION 2. Notwithstanding the provisions of Chapter 51, Title 54, Idaho 22 Code, as of the effective date of this act, the Board of Naturopathic Medical 23 Examiners shall issue no new licenses until administrative rules submitted by 24 the Board of Naturopathic Medical Examiners are approved by the members of the 25 First Regular Session of the Sixtieth Idaho Legislature, or as allowed sooner 26 by Executive Order of the Governor."; 27 also on page 4, in line 44, delete "SECTION 7" and insert: "SECTION 3". 28 CORRECTIONS TO TITLE 29 On page 1, in line 2, delete "AMENDING SECTION"; in line 3, delete 30 "54-5102, IDAHO CODE, TO REVISE DEFINITIONS;"; in line 5, delete "REVISE 31 QUALI-"; and delete lines 6 through 12 and insert: "REVISE REQUIREMENTS FOR 32 NOMINATIONS TO THE BOARD AND TO DELETE PROVISION FOR REMOVAL OF A BOARD MEMBER 33 FOR CAUSE; TO PROHIBIT ISSUANCE OF NEW LICENSES UNTIL CERTAIN CONDITIONS ARE 34 MET; AND DECLARING AN EMERGENCY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1425, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE NATUROPATHIC PHYSICIANS LICENSING ACT; AMENDING SECTION 3 54-5108, IDAHO CODE, TO PROVIDE THAT MEMBERS OF THE BOARD OF NATUROPATHIC 4 MEDICAL EXAMINERS SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND TO 5 REVISE REQUIREMENTS FOR NOMINATIONS TO THE BOARD AND TO DELETE PROVISION 6 FOR REMOVAL OF A BOARD MEMBER FOR CAUSE; TO PROHIBIT ISSUANCE OF NEW 7 LICENSES UNTIL CERTAIN CONDITIONS ARE MET; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-5108, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-5108. BOARD OF NATUROPATHIC MEDICAL EXAMINERS. (1) There is hereby 12 established in the department of self-governing agencies, bureau of occupa- 13 tional licenses, the board of naturopathic medical examiners. 14 (2) The board shall consist of five (5) members, four (4) of whom shall 15 be licensed pursuant to this chapter and one (1) of whom shall be a member of 16 the public with an interest in the rights of consumers of naturopathic physi- 17 cian services. 18 (3) One (1) member of the initial board shall be appointed for a one (1) 19 year term of office, one (1) member of the initial board shall be appointed 20 for a two (2) year term of office, one (1) member of the initial board shall 21 be appointed for a three (3) year term of office, one (1) member shall be 22 appointed for a four (4) year term of office, and one (1) member of the ini- 23 tial board shall be appointed for a five (5) year term of office. Thereafter, 24 the term of office for each member shall be five (5) years. Members shall 25 serve at the pleasure of the governor. 26 (4) Appointments to the board shall be made by the governor. Prior to the 27 expiration of the regular term of a member of the board or upon the occurrence 28 of declaration of a vacancy in the membership of the board, the governor shall 29 notify in writing the Idaho association of naturopathic physicians and the 30 Idaho chapter of the American association of naturopathic physicians thereof, 31 and each association shall, within thirty (30) days thereafter, nominate one 32 (1) or more qualified persons to fill such vacancy and shall forthwith forward 33 the nominations to the governor, who shall thereupon appoint from such nomi- 34 nees, the person to be a member of the board to fill such vacancy.from nomi-35nations received from the Idaho association of naturopathic physicians, who36shall nominate persons qualified for each position to be filled.37 (5) The four (4) members of the board who are naturopathic physicians 38 shall be licensed pursuant to this chapter, practicing within the state of 39 Idaho for the duration of their appointment and shall have been practitioners 40 within the state of Idaho for a minimum of two (2) years immediately preceding 41 appointment. 42 (6) The initial four (4) licensed naturopathic physician members of the 43 board shall be persons with at least two (2) years of experience in the prac- 2 1 tice of naturopathic medicine who are eligible to become licensed pursuant to 2 this chapter. In the event of death, resignation or removal of any member 3 before the expiration of the term to which appointed, the vacancy shall be 4 filled for the unexpired portion of the term in the same manner as the origi- 5 nal appointment. 6 (7)The governor may remove any member of the board for cause, prior to7the expiration of the member's term.8(8)The board, within thirty (30) days after its appointment, and at 9 least annually thereafter, shall hold a meeting and elect a chairman. The 10 board may hold additional meetings on the call of the chair or at the written 11 request of any two (2) members of the board. The board may appoint such com- 12 mittees as it considers necessary to carry out its duties. A majority of the 13 board shall constitute a quorum. 14 SECTION 2. Notwithstanding the provisions of Chapter 51, Title 54, Idaho 15 Code, as of the effective date of this act, the Board of Naturopathic Medical 16 Examiners shall issue no new licenses until administrative rules submitted by 17 the Board of Naturopathic Medical Examiners are approved by the members of the 18 First Regular Session of the Sixtieth Idaho Legislature, or as allowed sooner 19 by Executive Order of the Governor. 20 SECTION 3. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval.
STATEMENT OF PURPOSE
RS 17880
The purpose of this legislation is to identify the educational standards and
exam standards for naturopathic physicians. The law will clarify that an
approved naturopathic program is one that is approved by an accrediting body
recognized by the United States Department of Education and identifies the
exam required for licensure as the national exam known as NPLEX. This is the
only nationally recognized exam and is used as a qualification for licensure
in all other licensed states.
Because, the current board has been operable for 2 years and has not been able
to draft rules to pass the legislature, but has issued licenses, this change
provides for new board members to be appointed who meet the standards of the
statute.
These changes provide licensure for those who were medically trained as
naturopathic physicians while continuing to allow for naturopaths with limited
training, and natural health care workers to continue to practice.
FISCAL NOTE
None
Contact
Name: Kris Ellis, Idaho Chapter of American Association of Naturopathic
Physicians
Phone: (208) 250-3132
Larry Benton
Phone: (208) 461-2000
Senator Coiner Representative Roberts
(208) 332-1000 Representative Bilbao
Senator Lodge Representative Henbest
Senator Darrington
Senator McGee
Senator Hammond
Senator Bair
STATEMENT OF PURPOSE/FISCAL NOTE S 1425