SB 306: "An Act relating to the practice of naturopathic medicine; and providing for an effective date."

00 SENATE BILL NO. 306 01 "An Act relating to the practice of naturopathic medicine; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010(26) is amended to read: 05 (26) regulation of the practice of naturopathic medicine 06 [NATUROPATHY] under AS 08.45; 07 * Sec. 2. AS 08.45.010 is amended to read: 08 Sec. 08.45.010. Practice of naturopathic medicine [NATUROPATHY] 09 without license prohibited. A person who does not hold a license issued under this 10 chapter may not 11 (1) practice naturopathic medicine [NATUROPATHY] in the state; 12 or 13 (2) use any of the following titles: "doctor of naturopathy," 14 "naturopath," or "naturopathic physician" [WITHOUT A LICENSE].

01 * Sec. 3. AS 08.45.020 is amended to read: 02 Sec. 08.45.020. Application for license. A person desiring to practice 03 naturopathic medicine [NATUROPATHY] shall apply in writing to the division of 04 occupational licensing of the Department of Community and Economic Development. 05 * Sec. 4. AS 08.45.030 is repealed and reenacted to read: 06 Sec. 08.45.030. Issuance of license. The division shall issue a license to 07 practice naturopathic medicine on receipt of 08 (1) an application on a form acceptable to the division; 09 (2) documentation satisfactory to the division that the applicant 10 (A) is a graduate of an approved naturopathic medical college 11 or program; and 12 (B) has passed the naturopathic physicians licensing 13 examination approved by the division with a score that meets the requirements 14 established in regulation; and 15 (3) all applicable fees. 16 * Sec. 5. AS 08.45.035(a) is amended to read: 17 (a) The division shall issue a temporary license to practice naturopathic 18 medicine [NATUROPATHY] to an applicant who has applied for and is qualified to 19 take the next Naturopathic Physicians Licensing Examination offered after the date of 20 application and provides proof satisfactory to the division that the applicant 21 (1) meets the requirements of AS 08.45.030(2)(A); and 22 (2) has not previously failed the Naturopathic Physicians Licensing 23 Examination. 24 * Sec. 6. AS 08.45.050 is repealed and reenacted to read: 25 Sec. 08.45.050. Restrictions on practice of naturopathic medicine. (a) A 26 person who practices naturopathic medicine may not engage in surgery, except for 27 minor surgery. 28 (b) Notwithstanding that a specific act is within the definition of "naturopathic 29 medicine" or is described as an activity authorized under AS 08.45.120, a person 30 licensed under this chapter may not perform the act if the person lacks appropriate 31 education or training related to the act.

01 * Sec. 7. AS 08.45.060 is amended to read: 02 Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a 03 license. The division may deny a license to an applicant under this chapter or, 04 after a hearing, impose a disciplinary sanction authorized under AS 08.45.070 on a 05 person licensed under this chapter when the division finds that the applicant or 06 licensee 07 (1) secured, or attempted to secure, a license through deceit, fraud, or 08 intentional misrepresentation; 09 (2) engaged in deceit, fraud, or intentional misrepresentation in the 10 course of providing professional services or engaging in professional activities; 11 (3) advertised professional services in a false or misleading manner; 12 (4) has been convicted of a felony or other crime that affects the 13 applicant's or licensee's ability [TO CONTINUE] to practice competently and safely; 14 (5) failed to comply with this chapter, with a regulation adopted under 15 this chapter, or with an order of the division; 16 (6) is [CONTINUED TO PRACTICE AFTER BECOMING] unfit to 17 practice naturopathic medicine due to 18 (A) professional incompetence; 19 (B) addiction or severe dependency on alcohol or a drug that 20 impairs the applicant's or licensee's ability to practice safely; or 21 (C) physical or mental disability; or 22 (7) engaged in lewd or immoral conduct in connection with the 23 delivery of professional service to patients. 24 * Sec. 8. AS 08.45.070(a) is amended to read: 25 (a) When it finds that a licensee under this chapter has violated AS 08.45.050 26 or 08.45.120 [AS 08.45.040 - 08.45.050] or is guilty of an offense under 27 AS 08.45.060, the division may impose the following sanctions singly or in 28 combination: 29 (1) permanently revoke the license to practice; 30 (2) suspend the license for a determinate period of time; 31 (3) censure the licensee;

01 (4) issue a letter of reprimand to the licensee; 02 (5) place the licensee on probationary status and require the licensee to 03 (A) report regularly to the division upon matters involving the 04 basis of probation; 05 (B) limit practice to those areas prescribed; 06 (C) continue professional education until a satisfactory degree 07 of skill has been attained in areas determined by the division to need 08 improvement; 09 (6) impose limitations or conditions on the practice of the licensee. 10 * Sec. 9. AS 08.45.080 is amended to read: 11 Sec. 08.45.080. Unlicensed practice or use of title a misdemeanor. A 12 person who violates [PRACTICES NATUROPATHY IN THE STATE WITHOUT A 13 LICENSE IN VIOLATION OF] AS 08.45.010 is guilty of a misdemeanor and upon 14 conviction is punishable by a fine of not more than $1,000, or by imprisonment for not 15 more than a year, or by both. 16 * Sec. 10. AS 08.45.100 is amended by adding a new subsection to read: 17 (b) After consideration of draft regulations, if any, prepared by the division in 18 collaboration with a qualified trade association of naturopathic physicians, the 19 department may adopt regulations to 20 (1) establish the standards the division will use to approve naturopathic 21 medical colleges or programs for satisfaction of the requirement of 22 AS 08.45.030(2)(A); the standards must require, at a minimum, that the college or 23 program include a four-year, full-time resident program of academic and clinical study 24 of naturopathic medicine; 25 (2) implement the continuing education requirement of AS 08.45.110; 26 and 27 (3) establish the standards under which the division may issue 28 certificates of specialty practice for a person licensed under this chapter. 29 * Sec. 11. AS 08.45 is amended by adding new sections to read: 30 Sec. 08.45.110. Continuing education requirement. Before a license may 31 be renewed, the licensee shall document to the division's satisfaction that the licensee

01 has received at least 45 hours of continuing education in naturopathic medicine in the 02 previous two years, at least 15 hours of which was instruction in pharmacology or 03 pharmacotherapeutics presented by a licensed pharmacist or another professional 04 approved by the division. 05 Sec. 08.45.120. Authorized activities; use of titles. A person licensed under 06 this chapter may 07 (1) prescribe or administer for preventive and therapeutic purposes the 08 following: food, extracts of food, vitamins, minerals, enzymes, whole gland 09 substances, botanical medicines, and homeopathic preparations; 10 (2) if authorized under regulations of the department, prescribe or 11 administer legend or prescription drugs, intravenous botanicals, substances, vitamins, 12 and minerals; 13 (3) administer health care counseling, nutritional counseling and 14 dietary therapy, naturopathic physical applications, therapeutic devices, and 15 nonprescription drugs; 16 (4) after becoming registered with the federal Drug Enforcement 17 Administration, prescribe a controlled substance; 18 (5) prescribe and implement barrier devices for contraception; 19 (6) perform minor surgery; 20 (7) perform or order for diagnostic purposes a physical or orificial 21 examination, ultrasound, phlebotomy, clinical laboratory test or examination, 22 physiological function test, and other diagnostic procedures commonly used by a 23 person licensed to practice medicine under AS 08.64.200; and 24 (8) use the title of "doctor of naturopathy," "naturopath," "naturopathic 25 physician," or their abbreviations. 26 Sec. 08.45.130. Fees. The division shall set fees under AS 08.01.065 for each 27 of the following: 28 (1) a license issued under this chapter; 29 (2) a temporary license issued under this chapter; 30 (3) renewal of a license issued under this chapter. 31 * Sec. 12. AS 08.45.200(3) is amended to read:

01 (3) "naturopathic medicine" ["NATUROPATHY"] means the use of 02 hydrotherapy, dietetics, electrotherapy, sanitation, suggestion, mechanical and manual 03 manipulation for the stimulation of physiological and psychological action to establish 04 a normal condition of mind and body; in this paragraph, "dietetics" includes herbal 05 and homeopathic remedies. 06 * Sec. 13. AS 08.45.200 is amended by adding new paragraphs to read: 07 (4) "approved naturopathic medical college or program" means a 08 college or program that grants a degree of doctor of naturopathy or doctor of 09 naturopathic medicine and that 10 (A) is accredited by the Council on Naturopathic Medical 11 Education or another accrediting agency recognized by the United States 12 Department of Education; 13 (B) has the status of candidate for accreditation by an entity 14 described in (A) of this paragraph; or 15 (C) has been approved under a regulation adopted by the 16 department under this chapter; 17 (5) "department" means the Department of Community and Economic 18 Development; 19 (6) "minor surgery" 20 (A) means the use of 21 (i) operative, electrical, or other methods for surgical 22 repair and care incidental to superficial lacerations and abrasions or 23 superficial lesions, and the removal of foreign bodies located in 24 superficial tissues; and 25 (ii) antiseptics and local anesthetics in connection with 26 methods authorized under (i) of this subparagraph; 27 (B) does not include use of general or spinal anesthetics, major 28 surgery, surgery of the body cavities, or specialized surgery, such as plastic 29 surgery, surgery involving the eyes, or surgery involving tendons, ligaments, 30 nerves, or blood vessels. 31 * Sec. 14. AS 47.08.050 is amended to read:

01 Sec. 47.08.050. Services excluded from coverage. Annually, the committee 02 shall determine in light of appropriated funds and expected need the medical expenses 03 reimbursable under AS 47.08.010 - 47.08.140, except that the following are not 04 reimbursable: 05 (1) dentistry and optometry unless prescribed by a licensed dentist or 06 physician as medically necessary as the result of the injury or illness; 07 (2) elective medical or surgical procedures; 08 (3) drugs and medications not prescribed by a licensed physician; 09 (4) services received as a result of a pregnancy or birth without 10 unusual complications; 11 (5) private psychological or psychiatric treatment or private alcoholism 12 treatment, unless not available from public agencies or programs; 13 (6) chiropractic services and services provided by a person who 14 practices naturopathic medicine [NATUROPATHY]; 15 (7) services not of a medical nature; 16 (8) medical services currently provided to persons in the custody of the 17 Department of Corrections; 18 (9) costs incurred before July 1976. 19 * Sec. 15. AS 08.45.040 is repealed. 20 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 LICENSE TO PRACTICE NATUROPATHY; TRANSITIONAL PROVISIONS. A 23 license to practice naturopathy issued under AS 08.45 that is in effect on February 28, 2005, 24 remains in effect for the period for which the license was issued and is considered to be a 25 license to practice naturopathic medicine under AS 08.45, as amended by this Act. However, 26 a person who holds a license issued under AS 08.45 that is in effect on February 28, 2005, is 27 subject to the authority of the department in regard to acts of the licensee that occurred on or 28 before February 28, 2005, to impose a disciplinary sanction under AS 08.45.070. 29 * Sec. 17. AS 08.45.110, as enacted by sec. 11 of this Act, takes effect January 1, 2007. 30 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect March 1, 2005.