BILL NUMBER: S1679A
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the education law, the limited liability company law,
the partnership law and the public health law, in relation to the prac-
tice of naturopathy; and to amend the social services law, in relation
to the reporting of child abuse
 
PURPOSE:
This bill relates to the licensure and regulation of naturopathic
doctors to practice naturopathic medicine in New York State. This bill
is intended to ensure the public health, safety and welfare of New York-
ers, by regulating the profession through the Stare Education Depart-
ment. The admission to practice and the regulation of such practice,
including professional conduct, shall be supervised by the Board of
Regents and administered by the Department with the assistance of a new
State Board of Naturopathic Medicine.
 
SUMMARY OF PROVISIONS:
Section one of this bill adds a new Article 138 to the Education Law to
establish naturopathic doctors as licensed professionals in New York
State. This includes Sections 6850 through 6861 that provide for the
boundaries of professional competence; a state board for naturopathic
medicine, qualifications for licensure exemptions, limited residence
permits, and, mandatory continuing education.
Sections two, three and four respectively amend sections 1203, 1207, and
1301 of the limited liability company law to allow naturopathic doctors
to practice together using a limited liability company.
Sections five and six respectively amend sections 121-1500 and 121-1502
of the partnership law to allow naturopathic doctors to form a limited
liability partnership.
Section seven amends section 413 of the social services law to add natu-
ropathic doctors to the list of officials and health professionals
required to report child abuse.
Sections eight and nine respectively amend sections 571 and 585 of the
public health law to allow naturopathic doctors to order lab tests.
Sections ten, eleven and twelve respectively amend sections 7805, 8410,
and 7805 of the education law to eliminate the need for naturopathic
doctors to seek other professional licenses to engage in their
profession's full scope of practice.
Section thirteen amends section 579 of the public health law to ensure
naturopathic doctors may perform their own lab testing as allowed for
other health professionals.
 
JUSTIFICATION:
The COVID-19 pandemic, to a tragic degree, has shown the grave and cumu-
lative risk of chronic health conditions. Research indicates that high
blood pressure, cancer, diabetes, and lung disease significantly
increase the likelihood of worse COVID-19 outcomes, including death.
Each of these conditions weakens the immune system, leaving the body
less prepared to fight off infection. Alarmingly, more than 40% of New
York adults suffer from a chronic disease, which were responsible for
23% of all hospitalizations in New York before COV1D hit the state. Even
then, chronic disease caused six out of every 10 deaths In New York
State. In spite of advances in science and technology, there is an
epidemic of chronic disease and an unacceptable degree of iatrogenic
disease (disease caused by diagnostic and therapeutic procedures), even
though many chronic diseases are preventable. Unfortunately, the
economics of healthcare and the pursuit of scientific advancement have
led to an occupational preference among physicians for specialization,
resulting in a shortage of primary care physicians that are well-suited
to promote wellness and prevention.
For these reasons, now, more than ever, the public deserves a health
system that uses every possible tool to promote optimum health by focus-
ing on prevention and removing the root causes of illness, including
chronic illness. Licensing naturopathic doctors (NDs) would offer New
Yorkers precisely that. Indeed, various studies have concluded that
naturopathic medicine produces positive outcomes with the treatment and
prevention of, cardiovascular disease. musculoskeletal pain, type 2
diabetes, polycystic ovary syndrome, depression, anxiety, and multiple
chronic conditions.
NDs are trained to the level of providing primary care. In assessing and
treating a patient, they take into account additional patient factors,
including mental, emotional, genetic, environmental, and social influ-
ences. In addition to promoting wellness and prevention, they focus on
root causes of illness and will not accept mere symptom suppression.
In treating a patient, NDs use less invasive therapies and substances
that have fewer side effects. They also work to treat conditions by
supporting a person's inherent self-healing process. NDs also make the
best use of the doctor-patient relationship to educate patients and
encourage self-responsibility for health. NDs work with patients that
have acute and chronic conditions, including serious medical conditions,
and provide care not currently offered by other health professionals.
NDs use the same diagnostic tools and techniques as New York State-li-
censed physicians and adhere to certain Hippocratic principles in common
with those professionals.
NDs also perform essential complementary and integrative medicine by
referring patients to other health professionals and providers based on
the interests of the patient
NDs earn a Doctoral diploma from a registered school of naturopathic
medicine. Today, naturopathic medicine programs are accredited by the
Council on Naturopathic Medical Education (CNME) or in the naturopathic
medical programs offered by the Association of Accredited Naturopathic
Medical Colleges (AANMC).
For licensure, NDs must complete an approved clinical postgraduate resi-
dency training and pass a national medical examination. Currently, 22
states, the District of Columbia, two U.S. territories, and five Canadi-
an provinces license and regulate NDs. Unfortunately, since New York
State does not regulate naturopathic doctors, anyone may lay claim to
the title naturopathic doctor, including those who complete a home study
course in as little as six weeks. This poses substantial public safety
risks. Licensure would ensure only appropriately trained professionals
are recognized as an ND. It would also allow for the establishment of
educational institutions for naturopathic doctors in the state.
 
LEGISLATIVE HISTORY:
2023: S1679 (Hinchey) - Referred to Higher Education
2021-22: S7371 (Hinchey) - Referred to Higher Education/ A6035 (Griffin)
- Referred to Higher Education
2019-20: A4825-A (Ortiz) - Referred to Higher Education
2017-18: S4297 (Lavelle) - Referred to higher Education/ A5913 (Ortiz) -
Referred to Higher Education
2015-16: S4917-A (Lavelle) - Referred to Higher Education/ A10128
(Ortiz) - Referred to Higher Education
2013-14: S4828-A (Lavelle) - Passed Senate, died in Assembly (2013),
Referred to Higher Education (2014)/ A7860 (Perry) - Referred to Higher
Education
2011-12: S1803-E (Lavelle) - Passed Senate/ Died in Assembly (2011),
Reported and Committed to Finance (2012)
2009-10: S1930 (Lavelle) - Referred to Higher Education/ A1370 (Hoyt) -
Referred to Higher Education
2007-08: S2790 (Lavelle) - Died on Third Reading/ A4966 (Hoyt) -
Referred to Higher Education
2005-06: S1617-B (Volker) - Died on Third Reading/ A5208-B (Hoyt) -
Referred to Higher Education
2004: S6609 (Volker) - Referred to Higher Education/ A10819 (Hoyt) -
Referred to Higher Education
 
FISCAL IMPLICATIONS:
All costs associated with the licensure of this new profession would be
recovered through filing and registration fees.
 
EFFECTIVE DATE:
This act shall take effect on the five hundred fortieth day after it
shall have become law, provided that specific sections shall take effect
as provided for in Section 11 of this bill.

Statutes affected:
S1679: 1203 limited liability company law, 1207 limited liability company law, 1301 limited liability company law, 121-1500 partnership law, 121-1502 partnership law, 571 public health law, 571(6) public health law, 585 public health law, 585(1) public health law, 7605 education law, 7605(4) education law, 8410 education law, 8410(1) education law, 7805 education law, 7805(1) education law, 579 public health law, 579(1) public health law
S1679A: 1203 limited liability company law, 1207 limited liability company law, 1301 limited liability company law, 121-1500 partnership law, 121-1502 partnership law, 571 public health law, 571(6) public health law, 585 public health law, 585(1) public health law, 7605 education law, 7605(4) education law, 8410 education law, 8410(1) education law, 7805 education law, 7805(1) education law, 579 public health law, 579(1) public health law