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HOUSE BILL NO. 40
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES LEBON, Prax
Introduced: 2/18/21
Referred: Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the practice of naturopathy; establishing the Naturopathy Advisory
2 Board; relating to the licensure of naturopaths; relating to disciplinary sanctions for
3 naturopaths; relating to the Department of Commerce, Community, and Economic
4 Development; and providing for an effective date."
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
6 * Section 1. AS 08.02.010(a) is amended to read:
7 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech-
8 language pathologist licensed under AS 08.11, a behavior analyst licensed under
9 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a
10 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian
11 or nutritionist licensed under AS 08.38, a naturopath licensed under AS 08.45, a
12 massage therapist licensed under AS 08.61, a marital and family therapist licensed
13 under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry
14 midwife certified under AS 08.65, a registered or advanced practice registered nurse
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1 under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under
2 AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a
3 psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95,
4 shall use as professional identification appropriate letters or a title after that person's
5 name that represents the person's specific field of practice. The letters or title shall
6 appear on all signs, stationery, or other advertising in which the person offers or
7 displays personal professional services to the public. In addition, a person engaged in
8 the practice of medicine or osteopathy as defined in AS 08.64.380, or a person
9 engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels
10 other persons in relation to human health or disease and uses the letters "M.D." or the
11 title "doctor" or "physician" or another title that tends to show that the person is
12 willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the
13 letters or title by adding the appropriate specialist designation, if any, such as
14 "dermatologist," "radiologist," "audiologist," "naturopath," or the like.
15 * Sec. 2. AS 08.45 is amended by adding a new section to read:
16 Sec. 08.45.015. Naturopathy Advisory Board. (a) The Naturopathy Advisory
17 Board is established in the department.
18 (b) The board shall meet at least once each year as requested by the
19 commissioner and provide recommendations to the commissioner on public policy, the
20 adoption of regulations, and other matters related to the exercise of the functions of the
21 department under this chapter.
22 (c) The board consists of five members, who are appointed by and serve at the
23 pleasure of the commissioner, and shall include two public members and three
24 naturopaths licensed under this chapter. The board shall elect a chair from among its
25 membership.
26 (d) Members of the board are appointed for three-year terms and serve until a
27 successor is appointed. A member of the board serves without compensation or
28 reimbursement of expenses.
29 (e) In this section, "commissioner" means the commissioner of commerce,
30 community, and economic development.
31 * Sec. 3. AS 08.45.020 is amended to read:
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1 Sec. 08.45.020. Application for license. A person desiring to practice
2 naturopathy shall
3 (1) apply in writing to the department on a form provided by the
4 department;
5 (2) submit to the department the person's fingerprints and the fees
6 required by the Department of Public Safety under AS 12.62.160 for the
7 department to forward to the Department of Public Safety to obtain a report of
8 criminal justice information under AS 12.62.160 and a national criminal history
9 record check under AS 12.62.400; and
10 (3) pay the application fee established by the department.
11 * Sec. 4. AS 08.45.030 is amended to read:
12 Sec. 08.45.030. Issuance of license. The department shall issue a license to
13 practice naturopathy to an applicant who
14 (1) provides proof satisfactory to the department that the applicant
15 (A) has received a doctoral degree from an accredited
16 naturopathic medical school;
17 (B) has [ACCREDITED FOUR-YEAR COLLEGE OR
18 UNIVERSITY, AND
19 (1) ON OR BEFORE DECEMBER 31, 1987, HAS GRADUATED
20 FROM A SCHOOL OF NATUROPATHY THAT REQUIRED FOUR YEARS OF
21 ATTENDANCE AT THE SCHOOL AND AFTER GRADUATION HAS
22 RECEIVED A LICENSE IN ANOTHER STATE AFTER PASSING AN
23 EXAMINATION FOR LICENSURE IN THAT STATE AND IS LICENSED BY A
24 STATE AT THE TIME OF APPLICATION; OR
25 (2) AFTER DECEMBER 31, 1987, HAS
26 (A) GRADUATED FROM A SCHOOL OF NATUROPATHY
27 THAT REQUIRED FOUR YEARS OF ATTENDANCE AT THE SCHOOL
28 AND AT THE TIME OF GRADUATION THE SCHOOL WAS
29 ACCREDITED OR A CANDIDATE FOR ACCREDITATION BY THE
30 COUNCIL ON NATUROPATHIC MEDICAL EDUCATION OR A
31 SUCCESSOR ORGANIZATION RECOGNIZED BY THE UNITED
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1 STATES DEPARTMENT OF EDUCATION; AND
2 (B)] passed the Naturopathic Physicians Licensing
3 Examination;
4 (2) is not subject to an unresolved disciplinary action against a
5 license to practice naturopathy in this or another jurisdiction;
6 (3) complies with the requirements of AS 08.45.020; and
7 (4) has not been convicted of, or pled guilty or no contest to, a
8 crime that adversely reflects on the applicant's ability or competency to practice
9 as a naturopath or that jeopardizes the safety or well-being of a patient.
10 * Sec. 5. AS 08.45 is amended by adding a new section to read:
11 Sec. 08.45.032. Documentation of license refusals and revocations. If the
12 department refuses to issue or revokes a license, the department shall issue a concise
13 written statement describing the reasons for the department's decision.
14 * Sec. 6. AS 08.45.035(a) is amended to read:
15 (a) The department shall issue a temporary license to practice naturopathy to
16 an applicant who
17 (1) has applied for and is qualified to take the next Naturopathic
18 Physicians Licensing Examination offered after the date of application; and
19 (2) [AND PROVIDES PROOF SATISFACTORY TO THE
20 DEPARTMENT THAT THE APPLICANT (1)] meets the requirements of
21 AS 08.45.030(1)(A) and (2) - (4) [AS 08.45.030(2)(A); AND
22 (2) HAS NOT PREVIOUSLY FAILED THE NATUROPATHIC
23 PHYSICIANS LICENSING EXAMINATION].
24 * Sec. 7. AS 08.45 is amended by adding a new section to read:
25 Sec. 08.45.038. Standards for license renewal. The department shall renew a
26 license issued under this chapter to a licensee who
27 (1) applies on a form provided by the department and pays the required
28 fee;
29 (2) meets the continuing education requirements established by the
30 department;
31 (3) has not been convicted of, or pled guilty or no contest to, a crime
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1 that adversely reflects on the applicant's ability or competency to practice as a
2 naturopath or that jeopardizes the safety or well-being of a patient;
3 (4) has a current cardiopulmonary resuscitation certification; and
4 (5) has, at least once in the six years immediately preceding the
5 application, submitted to the department fingerprints and the fees required by the
6 Department of Public Safety under AS 12.62.160 for the department to forward to the
7 Department of Public Safety to obtain a report of criminal justice information under
8 AS 12.62.160 and a national criminal history record check under AS 12.62.400.
9 * Sec. 8. AS 08.45 is amended by adding a new section to read:
10 Sec. 08.45.045. Practice of naturopathy. (a) A naturopath licensed under this
11 chapter may
12 (1) only provide naturopathic services that are consistent with the
13 standards and scope of naturopathic education, naturopathic training, and the
14 naturopath's experience, as established by regulations adopted by the department;
15 (2) prescribe and administer for preventive and therapeutic purposes
16 (A) natural therapeutic substances, including food, extracts of
17 food, vitamins, minerals, enzymes, whole gland substances, botanical
18 medicines, and homeopathic preparations;
19 (B) natural therapies, including health care counseling,
20 nutritional counseling and dietary therapy, naturopathic manipulation,
21 naturopathic physical applications, and therapeutic devices;
22 (C) devices for contraception; and
23 (D) drugs, except as provided in AS 08.45.050, if the
24 naturopath has passed the elective pharmacology examination portion of the
25 Naturopathic Physicians Licensing Examination;
26 (3) perform procedures in the office using operative, electrical, or other
27 methods, including the use of antiseptics and local anesthetics, for the surgical repair
28 and care of superficial lacerations, abrasions, and lesions and the removal of foreign
29 bodies located in the superficial tissues of the human body; the procedures may not
30 include general or spinal anesthetics, major surgery, surgery of the body cavities,
31 plastic surgery, surgery involving the eyes, or surgery involving tendons, ligaments,
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1 nerves, or blood vessels; and
2 (4) perform or order for diagnostic purposes a physical or orificial
3 examination, an ultrasound, phlebotomy, a clinical laboratory test or examination, or a
4 physiological function test.
5 (b) In this section, "naturopathic physical application" means the therapeutic
6 use by a naturopath of the actions or devices of electrical muscle stimulation, galvanic
7 treatment, diathermy, ultrasound, ultraviolet light, constitutional hydrotherapy, and
8 naturopathic manipulative therapy.
9 * Sec. 9. AS 08.45.050 is amended to read:
10 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who
11 practices naturopathy may not [(1)] give, prescribe, or recommend in the practice
12 (1) [(A) A PRESCRIPTION DRUG; (B)] a controlled substance; or
13 (2) a cancer chemotherapeutic agent [(C) A POISON;
14 (2) ENGAGE IN SURGERY;
15 (3) USE THE WORD "PHYSICIAN" IN THE PERSON'S TITLE].
16 * Sec. 10. AS 08.45 is amended by adding new sections to read:
17 Sec. 08.45.053. Public health duties. A naturopath, consistent with the scope
18 of practice provided under this chapter, has the same duty as a physician licensed
19 under AS 08.64 regarding public health laws, reportable diseases and conditions,
20 communicable disease control and prevention, recording of vital statistics, health and
21 physical examinations, and municipal boards of health.
22 Sec. 08.45.055. Duty of naturopaths to report. (a) A naturopath who
23 professionally treats a person licensed to practice naturopathy in this state for
24 alcoholism or drug addiction, or for mental, emotional, or personality disorders, shall
25 report the treatment to the department if the treating naturopath reasonably believes
26 that the person may constitute a danger to the health and welfare of the patients of the
27 person or the public if that person continues in practice. The report must state the
28 name and address of the person and the condition found.
29 (b) Upon receiving a report under (a) of this section, the department shall
30 investigate the matter and, upon a finding that there is reasonable cause to believe that
31 the naturopath who is the subject of the report is a danger to the health or welfare of
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1 the public or to the naturopath's patients, the department may appoint a committee of
2 health care professionals to examine the naturopath and report its findings to the
3 department. Notwithstanding the provisions of this subsection, the department may
4 summarily suspend a license under AS 08.45.070(c) before appointing an examining
5 committee or before the committee makes or reports its findings.
6 (c) If the department finds that a naturopath is unable to continue in practice
7 with reasonable safety to the naturopath's patients or to the public, the department
8 shall initiate action to suspend, revoke, limit, or condition the naturopath's license to
9 the extent necessary for the protection of the naturopath's patients and the public.
10 (d) A naturopath may not refuse to submit a report under this section or
11 withhold from the department or its investigators evidence related to an investigation
12 under this section on the grounds that the report or evidence
13 (1) concerns a matter that was disclosed in the course of a confidential
14 naturopath-patient or psychotherapist-patient relationship or during a meeting of a
15 hospital medical staff, governing body, or committee that was exempt from the public
16 meeting requirements of AS 44.62.310; or
17 (2) is required to be kept confidential under AS 18.23.030.
18 (e) An action may not be brought against a person for damages resulting from
19 a report made in good faith to a public agency by the person or participation by the
20 person in an investigation by a public agency or an administrative or judicial
21 proceeding relating to the report if the report relates to a naturopath licensed under this
22 chapter.
23 Sec. 08.45.058. Naturopaths to report certain injuries. (a) A naturopath who
24 initially treats or attends to a person with an injury described in (b) of this section shall
25 promptly make an oral report of the injury to the Department of Public Safety, a local
26 law enforcement agency, or a village public safety officer. The naturopath shall submit
27 a written report of an injury described in (b)(1) of this section to the Department of
28 Public Safety within three business days after the naturopath provides treatment. A
29 report filed under this subsection must be on a form provided by the Department of
30 Public Safety.
31 (b) The following injuries shall be reported under (a) of this section:
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