OHIO LEGISLATIVE SERVICE COMMISSION Office of Research Legislative Budget www.lsc.ohio.gov and Drafting Office H.B. 672 Bill Analysis 135th General Assembly Click here for H.B. 672’s Fiscal Note Version: As Introduced Primary Sponsors: Reps. Barhorst and Santucci Effective date: Racheal Vargo, LSC Fellow SUMMARY ▪ Prohibits an individual from representing the individual’s self as a practitioner of naturopathic medicine unless the individual is licensed by the State Medical Board. ▪ Establishes a criminal penalty for violating that prohibition. ▪ Creates licensing requirements for the practice of naturopathic medicine and requires the State Medical Board to regulate the licensing of naturopathic medicine. ▪ Establishes services an individual licensed to practice naturopathic medicine can and cannot perform. ▪ Requires additional authorization from the State Medical Board for a licensed individual to prescribe, dispense, and administer prescription drugs and devices. ▪ Outlines circumstances in which the State Medical Board may limit, revoke, suspend, or refuse to issue, renew, or reinstate a license. ▪ Creates a Naturopathic Advisory Council to assist the Board in regulating naturopathic medicine. TABLE OF CONTENTS License to practice naturopathic medicine..................................................................................... 2 Application and eligibility ............................................................................................................ 3 Out of state applicants ................................................................................................................ 4 Education requirements .............................................................................................................. 4 License renewal ........................................................................................................................... 5 License suspension ...................................................................................................................... 5 Authorized services ......................................................................................................................... 6 December 17, 2024 Office of Research and Drafting LSC Legislative Budget Office Unauthorized services .................................................................................................................... 6 Authority to prescribe drugs and devices ....................................................................................... 6 Discipline by the Medical Board ..................................................................................................... 7 Investigations .................................................................................................................................. 9 License surrender............................................................................................................................ 9 Limitation on initial license refusal ............................................................................................... 10 Child support orders ..................................................................................................................... 10 Human trafficking ......................................................................................................................... 10 Regulatory procedures.................................................................................................................. 10 Naturopathic Advisory Council ..................................................................................................... 11 DETAILED ANALYSIS License to practice naturopathic medicine The bill prohibits an individual from recklessly representing the individual’s self as any of the following unless the individual holds a license to practice naturopathic medicine: ▪ A naturopathic physician; ▪ A naturopathic doctor; ▪ A naturopath; ▪ A doctor of naturopathic medicine or naturopathy; ▪ A “N.D.” or “ND”; ▪ A practitioner or provider of naturopathic medicine, naturopathic health care, or naturopathy; ▪ Someone who is authorized to practice naturopathic medicine.1 An individual who violates this prohibition is guilty of a felony of the third degree.2 The bill defines “naturopathic medicine” as a system of primary health care that uses patient education, naturopathic therapies, and therapeutic substances to do any of the following: ▪ Prevent, diagnose, and treat conditions, injury, and disease; ▪ Promote or restore health; ▪ Support and stimulate a patient’s inherent self-healing process. 3 1 R.C. 4789.02. 2 R.C. 4789.99. 3 R.C. 4789.01. P a g e |2 H.B. 672 As Introduced Office of Research and Drafting LSC Legislative Budget Office This definition overlaps with the continuing law definition for what constitutes the practice of medicine. The bill specifies that an individual who is licensed to practice naturopathic medicine and who practices in compliance with the bill’s requirements is not in violation of the continuing law prohibition against practicing medicine without the appropriate license.4 The State Medical Board must implement and administer the Naturopathic Medicine Licensing Law.5 Application and eligibility To obtain a naturopathic medicine license, applicants must apply to the State Medical Board and pay an application fee of $305 (no part of the fee is returned if a license is denied). The Board may prorate the fee for an initial license. An applicant also must provide information showing that the applicant: ▪ Is at least 18 years old; ▪ Meets one of the education requirements described under “Education requirements,” below; ▪ Passed a competency-based national naturopathic licensing examination administered by the North American Board of Naturopathic Examiners or a successor organization recognized by the State Medical Board; ▪ Demonstrates a good, ethical, and professional reputation (notwithstanding a current law prohibition against considering one’s moral character); and ▪ Has not had a license to practice naturopathic medicine or other health care-related license, registration, or certificate suspended, refused, or revoked by any other jurisdiction for reasons related to the applicant’s ability to skillfully and safely practice naturopathic medicine unless that license, registration, or certification has been restored to good standing by that jurisdiction. If the Board determines the applicant meets the requirements, the Board must issue a license no later than 60 days after receiving a complete application. An affirmative vote of a majority of the Board members is required to determine that an applicant meets the requirements.6 An application cannot be withdrawn without Board approval.7 4 R.C. 4731.34 and R.C. 4731.41 and 4731.99, not in the bill. 5 R.C. 4789.03. 6 R.C. 4789.05(A), (B), and (C). 7 R.C. 4789.10(F)(2). P a g e |3 H.B. 672 As Introduced Office of Research and Drafting LSC Legislative Budget Office Out-of-state applicants The Board must issue a license to an out-of-state applicant to practice naturopathic medicine in Ohio in accordance with the Out-of-State Applicants Law8 if either of the following applies: ▪ The applicant is licensed in another state; ▪ The applicant has satisfactory work experience, a government certification, or a private certification in a state that does not issue a license to practice naturopathic medicine. 9 Education requirements An applicant must meet one of the following education requirements to be eligible for a license under the bill: ▪ Hold a doctoral degree of naturopathy or naturopathic medicine from a naturopathic medical education program in the U.S. or a degree-equivalent diploma from a naturopathic medical education program offered by a college or university in Canada, provided the following apply to the program at the time the degree or diploma was conferred: The program offered graduate-level full-time didactic and supervised clinical training; The program was accredited, or reached candidacy status for accreditation, by the Council on Naturopathic Medical Education; If the program is in the U.S., the program was, or was part of, a college or university that was accredited, or reached candidacy status for accreditation, by a regional or national institutional accrediting agency recognized by the U.S. Secretary of Education; If the program is in Canada, the program had provincial approval for participation in government-funded student aid programs.10 ▪ Hold a doctoral naturopathic medical degree or degree-equivalent diploma from a college or university that was conferred to the applicant before the Council on Naturopathic Medical Education existed, provided the following apply to the program: The program offered full-time curriculum in basic sciences and supervised patient care at the time the degree or diploma was conferred; The program was at least 132 weeks long and required completion of the program within a period of no less than 35 months at the time the degree or diploma was conferred; 8 R.C. Chapter 4796. 9 R.C. 4789.05(D). 10 R.C. 4789.06(A). P a g e |4 H.B. 672 As Introduced Office of Research and Drafting LSC Legislative Budget Office The program was, or was a part of, a college of naturopathic medicine or a college of liberal arts and naturopathic medicine that was reputable and in good standing with the State Medical Board at the time the degree or diploma was conferred; If the program still exists, it must be accredited by the Council on Naturopathic Medical Education at the time the applicant applies for a license; If the program still exists and is in Canada, it must have provincial approval for participation in government-funded student aid programs at the time the applicant applies for a license.11 License renewal A license is valid for two years and may be renewed. A licensee who wishes to renew a license must apply for renewal on or before January 31 of even-numbered years. However, the Board may establish a different expiration date for an initial license. A renewal application must be submitted to the State Medical Board along with a fee of $305. To renew a license, an individual must certify to the Board that the licensee has done the following: ▪ Completed continuing education requirements established by the Board that are equivalent to the continuing education requirements to practice medicine and surgery or osteopathic medicine and surgery. ▪ Reported any criminal offense in which the individual pleaded guilty, was found guilty, or was found eligible for intervention in lieu of conviction since last signing an application for a license. The Board may require a random sample of licensees to submit materials documenting the licensee has complied with the continuing education requirements. If the Board finds that a licensee has not complied with these requirements, the Board may refuse to renew a license.12 License suspension If a license is not renewed on or before its expiration date, it is automatically suspended on its expiration date. The State Medical Board can reinstate a suspended license if the individual qualifies for renewal and pays a penalty set by the Board. If the license has been suspended for more than two years, the Board may impose additional requirements for reinstatement, including: ▪ Requiring an applicant to pass an oral or written examination, or both; ▪ Requiring additional training and to pass an examination when the training is completed; 11 R.C. 4789.06(B). 12 R.C. 4789.07 and 4789.03. P a g e |5 H.B. 672 As Introduced Office of Research and Drafting LSC Legislative Budget Office ▪ Restricting or limiting the extent, scope, or type of practice in which an applicant may engage.13 Authorized services Under the bill, a licensed individual may perform any of the following services so long as they are consistent with naturopathic education and training: ▪ Order and perform physical and laboratory examinations for diagnostic purposes including phlebotomy, clinical laboratory tests, orifical examinations, and physiological function tests; ▪ Order diagnostic imaging studies; ▪ Dispense, administer, order, prescribe, or perform specified substances and therapies, including administering nonprescription drugs or homeopathic medicine and performing repair and care incidental to superficial lacerations and abrasions; ▪ Utilize routes of administration that include oral, nasal, auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular.14 Unauthorized services A license issued under the bill does not authorize an individual to do any of the following: ▪ Perform surgical procedures, except for repair and care of superficial lacerations and abrasions, superficial lesions, or the removal of foreign bodies located in superficial tissue; ▪ Practice or claim to practice as a medical doctor, osteopath, dentist, podiatrist, optometrist, psychologist, advanced practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist, or any other health care professional; ▪ Use general or spinal anesthetics; ▪ Administer ionizing radioactive substances for therapeutic purposes; ▪ Perform surgical procedures using a laser device; ▪ Perform surgical procedures involving the eye, ear, tendons, nerves, veins, or arteries extending beyond superficial tissue; ▪ Perform chiropractic adjustments or musculoskeletal manipulation; ▪ Perform acupuncture.15 Authority to prescribe drugs and devices A license issued under the bill does not authorize a licensee to prescribe, dispense, or administer prescription drugs or devices, unless the licensee is authorized to do so by the State 13 R.C. 4789.08. 14 R.C.4789.09(A). 15 R.C. 4789.09(B). P a g e |6 H.B. 672 As Introduced Office of Research and Drafting LSC Legislative Budget Office Medical Board. To become authorized, a licensee must pass the elective pharmacology examination administered by the North American Board of Naturopathic Examiners or a successor examination approved by the State Medical Board. A licensee authorized to prescribe, dispense, and administer prescription drugs and devices under the bill may only prescribe prescriptions on a formulary adopted by the Board. The Board cannot include any drugs or devices on the formulary that are inconsistent with the training provided by naturopathic medical education programs. Unless included in that formulary, a licensee authorized to prescribe, dispense, or administer prescription drugs and devices cannot prescribe, dispense, or administer controlled substances. A licensee with this authority is considered a licensed health professional authorized to prescribe drugs for the purposes of the Pharmacists and Dangerous Drugs Law. Before independently prescribing, dispensing, or administering prescription drugs and devices, a licensee must establish and complete a 12-month collaborative relationship with a physician licensed to practice medicine or surgery or osteopathic medicine or surgery to review the licensee’s prescribing practices. This relationship does not imply or create a supervisory