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Text: HF00326                           Text: HF00328
Text: HF00300 - HF00399                 Text: HF Index
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House File 327

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  152E.1  SCOPE OF PRACTICE.
  1  2    Naturopathic physicians shall be recognized as providers of
  1  3 primary health care using naturopathic medicine.  They shall
  1  4 be permitted to diagnose by performing and ordering common
  1  5 diagnostic procedures and to employ for the purposes of
  1  6 prevention and therapeutic treatment, all natural medicines
  1  7 and therapies, homeopathic drugs, minor office procedures,
  1  8 lifestyle modification techniques, therapeutic devices as
  1  9 defined in this chapter, and public health measures, and to
  1 10 exercise limited prescription rights as defined in this
  1 11 chapter.
  1 12    Naturopathic physicians shall have the same authority and
  1 13 responsibility as other health care professionals regarding
  1 14 public health laws, reportable diseases and conditions,
  1 15 communicable disease control and prevention, recording of
  1 16 vital statistics, health and physical examinations, and local
  1 17 boards of health, except that such authority shall be limited
  1 18 to activity consistent with the scope of practice authorized
  1 19 by this chapter.
  1 20    Sec. 2.  NEW SECTION.  152E.2  DEFINITIONS.
  1 21    As used in this chapter, unless the context otherwise re-
  1 22 quires:
  1 23    1.  "Approved clinical training program" means a clinical
  1 24 training program in naturopathic medicine approved by the
  1 25 board or approved or accredited by an educational or pro-
  1 26 fessional association recognized by the board, including the
  1 27 council on naturopathic medical education or its successor if
  1 28 certified by the United States department of education as a
  1 29 specialized accrediting agency.
  1 30    2.  "Approved internship" means an internship in naturo-
  1 31 pathic medicine approved by the board or approved or
  1 32 accredited by an educational or professional association
  1 33 recognized by the board, including the council on naturopathic
  1 34 medical education or its successor if certified by the United
  1 35 States department of education as a specialized accrediting
  2  1 agency.
  2  2    3.  "Approved naturopathic medical college" means a college
  2  3 or program granting the degree of doctor of naturopathic
  2  4 medicine or doctor of naturopathy that is approved by the
  2  5 naturopathic board of examiners and which meets one or more of
  2  6 the following requirements:
  2  7    a.  Is accredited by the council on naturopathic medical
  2  8 education or other accrediting agencies recognized by the
  2  9 United States department of education.
  2 10    b.  Has candidate status for accreditation by the council
  2 11 of naturopathic medical education or other accrediting
  2 12 agencies recognized by the United States government.
  2 13    c.  Has been investigated by the board and found to meet
  2 14 educational standards equivalent to those established by the
  2 15 council of naturopathic medical education or other accrediting
  2 16 agencies recognized by the United States government.
  2 17 Naturopathic programs which granted degrees prior to 1981 may
  2 18 be approved by the board as having appropriate educational
  2 19 standards.
  2 20    4.  "Board" means the naturopathic board of medical
  2 21 examiners established in chapter 147.
  2 22    5.  "Common diagnostic procedures" means noninvasive
  2 23 diagnostic procedures and commonly used diagnostic modalities
  2 24 consistent with naturopathic practice, including the taking of
  2 25 health history, physical examination, radiology,
  2 26 electrocardiogram, ultrasound, physiological function tests,
  2 27 clinical laboratory analysis which obtains samples of human
  2 28 tissue products including superficial scrapings, and
  2 29 phlebotomy.
  2 30    6.  "Department" means the Iowa department of public
  2 31 health.
  2 32    7.  "Homeopathic preparations" means any article that is
  2 33 recognized pursuant to the current official United States
  2 34 homeopathic pharmacopoeia and other official homeopathic
  2 35 pharmacopoeia.
  3  1    8.  "Lifestyle modification" means methods used to
  3  2 influence health such as exercise, hygiene, counseling, stress
  3  3 reduction, and dietary therapy and advice.
  3  4    9.  "Minor office procedures" means the use of a device or
  3  5 a physical measure for the repair and care of superficial
  3  6 tissue injuries and wounds, and the use of antiseptics and
  3  7 local anesthetics in connection with such methods.  "Minor
  3  8 office procedures" does not include general or spinal
  3  9 anesthetics, major surgery, surgery of the body cavities, or
  3 10 specialized surgeries such as plastic surgery, surgery
  3 11 involving the eye, or surgery involving tendons.
  3 12    10.  "Natural medicines and therapies" means materials
  3 13 found in nature which have therapeutic use, including food and
  3 14 food extracts, vitamins, minerals, enzymes, digestive aids,
  3 15 plant and animal substances, homeopathic preparations, natural
  3 16 antibiotics, vaccines, topical medicines, and nondrug
  3 17 contraceptive devices, excluding intrauterine devices.
  3 18    11.  "Naturopathic medicine" is the practice by
  3 19 naturopathic physicians of the art and science of the
  3 20 diagnosis, prevention, and treatment of human health
  3 21 conditions, injuries, and diseases using education, and
  3 22 natural medicines and therapies to stimulate or support, or
  3 23 both, the natural processes of the human body.
  3 24    12.  "Naturopathic physical medicine" includes, but is not
  3 25 limited to, the therapeutic use of the physical agents of air,
  3 26 water, heat, cold, sound, light, and the physical modalities
  3 27 of electrotherapy, diathermy, ultraviolet light, ultrasound,
  3 28 hydrotherapy, naturopathic manipulative therapy, and
  3 29 therapeutic exercise.
  3 30    13.  "Naturopathic physician" means a person licensed to
  3 31 practice naturopathic medicine under this chapter.
  3 32    14.  "Preceptorship" means an internship in naturopathic
  3 33 medicine approved by the board or approved or accredited by an
  3 34 educational or professional association recognized by the
  3 35 board, including the council on naturopathic medical education
  4  1 or its successor if certified by the United States department
  4  2 of education as a specialized accrediting agency.
  4  3    15.  "Proprietary medicine" means a nonnarcotic drug or
  4  4 device, as provided in section 155A.3, that may be sold
  4  5 without a prescription and is labeled and packaged in
  4  6 compliance with applicable state or federal law.
  4  7    16.  "Special dietary need" means a need that exists in the
  4  8 human body by reason of any physical, physiological,
  4  9 pathological, or other condition, as a result of any injury,
  4 10 ailment, or infirmity, including but not limited to pregnancy,
  4 11 lactation, age, allergies, and sensitivities to food.
  4 12    17.  "Specialist" means a physician who has successfully
  4 13 completed postdoctoral training, who is certified by a
  4 14 specialty board recognized by the board, and who is licensed
  4 15 to practice a specialty pursuant to this chapter.
  4 16    18.  "Topical medicines" means topical analgesics,
  4 17 anesthetics, antiseptics, scabicides, antifungals, and
  4 18 antibacterials.
  4 19    Sec. 3.  NEW SECTION.  152E.3  LICENSE AND RENEWAL
  4 20 REQUIRED.
  4 21    A person shall not engage in the practice of naturopathic
  4 22 medicine or use the title naturopathic physician unless the
  4 23 person has received a license from the board pursuant to this
  4 24 chapter and chapter 147.
  4 25    Only a naturopathic physician licensed pursuant to this
  4 26 chapter shall use any of the following terms:  naturopathic
  4 27 physician, naturopathic doctor, naturopath, doctor of
  4 28 naturopathic medicine, doctor of naturopathy, N.D., or N.M.D.
  4 29 A naturopathic physician shall not use the term "physical
  4 30 therapy" or "chiropractic".
  4 31    Sec. 4.  NEW SECTION.  152E.4  QUALIFICATIONS FOR LICENSURE
  4 32 AND RECIPROCAL AGREEMENTS.
  4 33    1.  To be eligible for a license to practice naturopathic
  4 34 medicine, the applicant shall do all of the following:
  4 35    a.  Submit an application in the form prescribed by the
  5  1 board.
  5  2    b.  Pay a fee required by the department which shall
  5  3 compensate and be retained by the department for the costs of
  5  4 administering this chapter.
  5  5    c.  Be a graduate of an approved naturopathic medical
  5  6 college and pass a competency examination prescribed by the
  5  7 board covering the appropriate naturopathic subjects.
  5  8    2.  Application and renewal procedures and reciprocal
  5  9 agreements shall be provided in accordance with chapter 147.
  5 10    Sec. 5.  NEW SECTION.  152E.5  SCOPE OF CHAPTER.
  5 11    Section 152E.1 shall not be construed to include the
  5 12 following persons:
  5 13    1.  Persons otherwise licensed to practice medicine and
  5 14 surgery, osteopathy, osteopathic medicine and surgery,
  5 15 optometry, occupational therapy, chiropractic, podiatry,
  5 16 dentistry, or physical therapy or to practice as a physician's
  5 17 assistant.
  5 18    2.  Persons who sell proprietary medicines or natural
  5 19 substances that are not prescription drugs and do not require
  5 20 a prescription drug order as defined in section 155A.3.
  5 21    3.  Students of naturopathic medicine who have completed at
  5 22 least two years' study in a naturopathic school of medicine,
  5 23 who are under the supervision of a naturopathic physician
  5 24 licensed pursuant to this chapter, and who are engaged in a
  5 25 board-approved clinical training, internship, or preceptorship
  5 26 training program in naturopathic medicine.
  5 27    4.  Naturopathic assistants who assist a naturopathic
  5 28 physician licensed pursuant to this chapter in the practice of
  5 29 naturopathic medicine in the treatment of patients, as
  5 30 prescribed and supervised by the naturopathic physician,
  5 31 except such assistants shall not diagnose any patient's
  5 32 condition or develop any treatment program for a patient.
  5 33    5.  Persons engaged in the lawful practice of any healing
  5 34 art that is regulated in this state, except that no such
  5 35 person shall use the title naturopathic physician, doctor of
  6  1 naturopathic medicine or the designation N.M.D., doctor of
  6  2 naturopathy or the designation N.D., or publicly profess to
  6  3 practice naturopathic medicine.
  6  4    6.  A graduate of a naturopathic school of medicine who is
  6  5 continuing training and performing duties in an internship,
  6  6 preceptorship, or clinic training program in naturopathic
  6  7 medicine approved by the board, and who is supervised by a
  6  8 naturopathic physician licensed pursuant to this chapter.
  6  9    7.  A naturopathic physician who is authorized by another
  6 10 state, district, or territory of the United States or a
  6 11 province of Canada to practice naturopathic medicine and who
  6 12 is engaged in the consultation of a patient upon the request
  6 13 of a naturopathic physician licensed pursuant to this chapter.
  6 14    Sec. 6.  NEW SECTION.  152E.6  POWERS OF THE BOARD.
  6 15    In addition to duties and responsibilities provided in
  6 16 chapters 147 and 272C the board shall:
  6 17    1.  Adopt rules pursuant to chapter 17A consistent with
  6 18 this chapter and chapter 147 which are necessary for the
  6 19 performance of its duties.
  6 20    2.  Establish standards and guidelines for naturopathic
  6 21 physicians including minimum curriculum requirements.
  6 22    3.  Prepare and conduct an examination for applicants for a
  6 23 license.
  6 24    4.  Approve a list of prescription medicines which shall be
  6 25 permitted to be used by naturopathic physicians.
  6 26    Sec. 7.  NEW SECTION.  152E.7  NATUROPATHIC ASSISTANTS.
  6 27    The board may approve naturopathic assistants who, under
  6 28 the supervision and direction of a naturopathic physician, may
  6 29 assist the physician in the treatment of patients, and the
  6 30 board may issue a certificate to such assistant pursuant to
  6 31 rules adopted by the board for naturopathic assistants.
  6 32    Sec. 8.  NEW SECTION.  152E.8  REVOCATION.
  6 33    1.  The naturopathic board of medical examiners, after due
  6 34 notice and hearing in accordance with chapter 17A, may issue
  6 35 an order to discipline a licensee for any of the grounds set
  7  1 forth in section 147.55, chapter 272C, or this subsection.
  7  2 Notwithstanding section 272C.3, licensee discipline may
  7  3 include a civil penalty not to exceed ten thousand dollars.
  7  4    2.  Pursuant to this section, the naturopathic board of
  7  5 medical examiners may discipline a licensee who is guilty of
  7  6 any of the following acts or offenses:
  7  7    a.  Knowingly making misleading, deceptive, untrue or
  7  8 fraudulent representation in the practice of the physician's
  7  9 profession.
  7 10    b.  Being convicted of a felony in the courts of this state
  7 11 or another state, territory, or country.  Conviction as used
  7 12 in this paragraph shall include a conviction of an offense
  7 13 which if committed in this state would be deemed a felony
  7 14 without regard to its designation elsewhere, or a criminal
  7 15 proceeding in which a finding or verdict of guilt is made or
  7 16 returned, but the adjudication of guilt is either withheld or
  7 17 not entered.  A certified copy of the final order or judgment
  7 18 of conviction or plea of guilty in this state or in another
  7 19 state shall be conclusive evidence.
  7 20    c.  Violating a statute or law of this state, another
  7 21 state, or the United States, without regard to its designation
  7 22 as either felony or misdemeanor, which statute or law relates
  7 23 to the practice of medicine.
  7 24    d.  Having the license to practice naturopathic medicine
  7 25 revoked or suspended, or having other disciplinary action
  7 26 taken by a licensing authority of another state, territory, or
  7 27 country.  A certified copy of the record or order of
  7 28 suspension, revocation, or disciplinary action is prima facie
  7 29 evidence.
  7 30    e.  Knowingly aiding, assisting, procuring, or advising a
  7 31 person to unlawfully practice naturopathic medicine.
  7 32    f.  Being adjudged mentally incompetent by a court of
  7 33 competent jurisdiction.  Such adjudication shall automatically
  7 34 suspend a license for the duration of the license unless the
  7 35 board orders otherwise.
  8  1    g.  Being guilty of a willful or repeated departure from,
  8  2 or the failure to conform to, the minimal standard of
  8  3 acceptable and prevailing practice of naturopathic medicine in
  8  4 which proceeding actual injury to a patient need not be
  8  5 established; or the committing by a naturopathic physician of
  8  6 an act contrary to honesty, justice, or good morals, whether
  8  7 the same is committed in the course of the naturopathic
  8  8 physician's practice or otherwise, and whether committed
  8  9 within or without this state.
  8 10    h.  Inability to practice naturopathic medicine with
  8 11 reasonable skill and safety by reason of illness, drunkenness,
  8 12 excessive use of drugs, narcotics, chemicals, or other type of
  8 13 material or as a result of a mental or physical condition.
  8 14 The naturopathic board of medical examiners may, upon probable
  8 15 cause, compel a naturopathic physician to submit to a mental
  8 16 or physical examination by designated physicians or to submit
  8 17 to alcohol or drug screening within a time specified by the
  8 18 naturopathic board of medical examiners.  Failure of a
  8 19 naturopathic physician to submit to an examination or to
  8 20 submit to alcohol or drug screening shall constitute admission
  8 21 to the allegations made against the naturopathic physician and
  8 22 the finding of fact and decision of the naturopathic board of
  8 23 medical examiners may be entered without the taking of
  8 24 testimony or presentation of evidence.  At reasonable
  8 25 intervals, a naturopathic physician shall be afforded an
  8 26 opportunity to demonstrate that the naturopathic physician can
  8 27 resume the competent practice of naturopathic medicine with
  8 28 reasonable skill and safety to patients.
  8 29    A person licensed to practice naturopathic medicine who
  8 30 makes application for the renewal of a license, as required by
  8 31 section 147.10, gives consent to submit to a mental or
  8 32 physical examination as provided by this paragraph when
  8 33 directed in writing by the naturopathic board of medical
  8 34 examiners.  All objections shall be waived as to the
  8 35 admissibility of the examining physicians' testimony or
  9  1 examination reports on the grounds that they constitute
  9  2 privileged communication.  The medical testimony or
  9  3 examination reports shall not be used against a naturopathic
  9  4 physician in another proceeding and shall be confidential,
  9  5 except for other actions filed against a naturopathic
  9  6 physician to revoke or suspend a license.
  9  7    i.  Willful or repeated violation of lawful rule or
  9  8 regulation adopted by the naturopathic board of medical
  9  9 examiners or violating a lawful order of the board, previously
  9 10 entered by the board in a disciplinary or licensure hearing,
  9 11 or violating the terms and provisions of a consent agreement
  9 12 or informal settlement between a licensee and the board.
  9 13    Sec. 9.  NEW SECTION.  152E.9  PROCEDURE FOR SUSPENSION OR
  9 14 REVOCATION.
  9 15    A proceeding for the revocation or suspension of a license
  9 16 to practice naturopathic medicine or to discipline a person
  9 17 licensed to practice naturopathic medicine shall be
  9 18 substantially in accord with the following procedure:
  9 19    1.  The naturopathic board of medical examiners may, upon
  9 20 its own motion or upon verified complaint in writing, and
  9 21 shall, if such complaint is filed by the director of public
  9 22 health, issue an order fixing the time and place for hearing.
  9 23 A  written notice of the time and place of the hearing
  9 24 together with a statement of the charges shall be served upon
  9 25 the licensee at least ten days before the hearing in the
  9 26 manner required for the service of notice of the commencement
  9 27 of an ordinary action or by restricted certified mail.
  9 28    2.  If the licensee has left the state, the notice and
  9 29 statement of the charges shall be so served at least twenty
  9 30 days before the date of the hearing, wherever the licensee may
  9 31 be found.  If the whereabouts of the licensee is unknown,
  9 32 service may be had by publication as provided in the rules of
  9 33 civil procedure upon filing the affidavit required by said
  9 34 rules.  In case the licensee fails to appear, either in person
  9 35 or by counsel at the time and place designated in the notice,
 10  1 the board shall proceed with the hearing as provided in this
 10  2 section.
 10  3    3.  The hearing shall be before a member or members
 10  4 designated by the board or before an administrative law judge
 10  5 appointed by the board.  The presiding board member or
 10  6 administrative law judge may issue subpoenas, administer oaths
 10  7 and take or cause depositions to be taken in connection with
 10  8 the hearing.  The presiding board member or administrative law
 10  9 judge shall issue subpoenas at the request and on behalf of
 10 10 the licensee.  The hearing shall be open to the public.
 10 11    The compensation of the administrative law judge shall be
 10 12 fixed by the board.  The administrative law judge shall be an
 10 13 attorney vested with full authority of the board to schedule
 10 14 and conduct hearings.  The administrative law judge shall
 10 15 prepare and file with the board the administrative law judge's
 10 16 findings of fact and conclusions of law, together with a
 10 17 complete written transcript of all testimony and evidence
 10 18 introduced at the hearing and all exhibits, pleas, motions,
 10 19 objections, and rulings of the administrative law judge.
 10 20    4.  A stenographic record of the proceedings shall be kept.
 10 21 The licensee shall have the opportunity to appear personally
 10 22 and by an attorney, with the right to produce evidence in the
 10 23 licensee's own behalf, to examine and cross-examine witnesses,
 10 24 and to examine documentary evidence produced against the
 10 25 licensee.
 10 26    5.  If a person refuses to obey a subpoena issued by the
 10 27 presiding member or administrative law judge or to answer a
 10 28 proper question during the hearing, the presiding member or
 10 29 administrative law judge may invoke the aid of a court of
 10 30 competent jurisdiction or judge of this court in requiring the
 10 31 attendance and testimony of the person and the production of
 10 32 papers.  A failure to obey the order of the court may be
 10 33 punished by the court as a civil contempt may be punished.
 10 34    6.  Unless the hearing is before the entire board, a
 10 35 transcript of the proceeding, together with exhibits
 11  1 presented, shall be considered by the entire board at the
 11  2 earliest practicable time.  The licensee and the licensee's
 11  3 attorney shall have the opportunity to appear personally to
 11  4 present the licensee's position and arguments to the board.
 11  5 The board shall determine the charge or charges upon the
 11  6 merits on the basis of the evidence in the record before it.
 11  7    7.  If a majority of the members of the board vote in favor
 11  8 of finding the licensee guilty of an act or offense specified
 11  9 in section 147.55 or 152E.8, the board shall prepare written
 11 10 findings of fact and its decision imposing one or more of the
 11 11 following disciplinary measures:
 11 12    a.  Suspend the licensee's license to practice the
 11 13 profession for a period to be determined by the board.
 11 14    b.  Revoke the licensee's license to practice the
 11 15 profession.
 11 16    c.  Suspend imposition of judgment and penalty or impose
 11 17 the judgment and penalty, but suspend enforcement and place
 11 18 the physician on probation.  The probation ordered may be
 11 19 vacated upon noncompliance.  The board may restore and reissue
 11 20 a license to practice naturopathic medicine, but may impose a
 11 21 disciplinary or corrective measure which it might originally
 11 22 have imposed.  A copy of the board's order, findings of fact,
 11 23 and decision, shall be served on the licensee in the manner of
 11 24 service of an original notice or by certified mail return
 11 25 receipt requested.
 11 26    8.  Judicial review of the board's action may be sought in
 11 27 accordance with the terms of the Iowa administrative procedure
 11 28 Act.
 11 29    9.  The board's order revoking or suspending a license to
 11 30 practice naturopathic medicine or to discipline a licensee
 11 31 shall remain in force and effect until the appeal is finally
 11 32 determined and disposed of upon its merit.
 11 33    Sec. 10.  Section 147.1, subsections 7 and 10, Code 1995,
 11 34 are amended to read as follows:
 11 35    7.  "Licensed" or "certified" when applied to a physician
 12  1 and surgeon, podiatrist, osteopath, osteopathic physician and
 12  2 surgeon, naturopathic physician, physician assistant,
 12  3 psychologist or associate psychologist, chiropractor, nurse,
 12  4 dentist, dental hygienist, optometrist, speech pathologist,
 12  5 audiologist, pharmacist, physical therapist, occupational
 12  6 therapist, practitioner of cosmetology arts and sciences,
 12  7 practitioner of barbering, funeral director, dietitian,
 12  8 marital and family therapist, mental health counselor, or
 12  9 social worker means a person licensed under this subtitle,
 12 10 excluding chapters 152B, 152C, and 152D.
 12 11    10.  "Profession" means medicine and surgery, podiatry,
 12 12 osteopathy, osteopathic medicine and surgery, practice as a
 12 13 naturopathic physician, practice as a physician assistant,
 12 14 psychology, chiropractic, nursing, dentistry, dental hygiene,
 12 15 optometry, speech pathology, audiology, pharmacy, physical
 12 16 therapy, occupational therapy, cosmetology arts and sciences,
 12 17 barbering, mortuary science, marital and family therapy,
 12 18 mental health counseling, social work, or dietetics.
 12 19    Sec. 11.  Section 147.2, Code 1995, is amended to read as
 12 20 follows:
 12 21    147.2  LICENSE REQUIRED.
 12 22    A person shall not engage in the practice of medicine and
 12 23 surgery, podiatry, osteopathy, osteopathic medicine and
 12 24 surgery, naturopathic medicine, psychology, chiropractic,
 12 25 physical therapy, nursing, dentistry, dental hygiene,
 12 26 optometry, speech pathology, audiology, occupational therapy,
 12 27 pharmacy, cosmetology, barbering, dietetics, or mortuary
 12 28 science or shall not practice as a physician assistant as
 12 29 defined in the following chapters of this subtitle, unless the
 12 30 person has obtained from the department a license for that
 12 31 purpose.
 12 32    Sec. 12.  Section 147.13, Code 1995, is amended by adding
 12 33 the following new subsection:
 12 34    NEW SUBSECTION.  18.  For naturopathic physicians,
 12 35 naturopathic medical examiners.
 13  1    Sec. 13.  Section 147.14, Code 1995, is amended by adding
 13  2 the following new subsection:
 13  3    NEW SUBSECTION.  15.  For naturopathic physicians, three
 13  4 naturopathic physicians engaged in the practice of
 13  5 naturopathic medicine in this state and two public members who
 13  6 have each resided in this state for five years immediately
 13  7 preceding their appointment and who have demonstrated an
 13  8 interest in the health issues of this state.  A majority of
 13  9 the members of the board constitutes a quorum.
 13 10    Sec. 14.  Section 147.74, Code 1995, is amended by adding
 13 11 the following new subsection:
 13 12    NEW SUBSECTION.  18A.  A naturopathic physician licensed
 13 13 under chapter 154E and this chapter may use the prefix
 13 14 "Doctor", but shall add after the person's name the letters
 13 15 "N.D." or "N.M.D.".
 13 16    Sec. 15.  Section 147.80, Code 1995, is amended by adding
 13 17 the following new subsection:
 13 18    NEW SUBSECTION.  24A.  License to practice as a
 13 19 naturopathic physician issued upon the basis of an examination
 13 20 given by the naturopathic board of medical examiners, license
 13 21 to practice as a naturopathic physician issued under a
 13 22 reciprocal agreement, or renewal of a license to practice as a
 13 23 naturopathic physician.
 13 24    Sec. 16.  Section 147.136, Code 1995, is amended to read as
 13 25 follows:
 13 26    147.136  SCOPE OF RECOVERY.
 13 27    In an action for damages for personal injury against a
 13 28 physician and surgeon, osteopath, osteopathic physician and
 13 29 surgeon, dentist, podiatrist, optometrist, pharmacist,
 13 30 chiropractor, naturopathic physician, or nurse licensed to
 13 31 practice that profession in this state, or against a hospital
 13 32 licensed for operation in this state, based on the alleged
 13 33 negligence of the practitioner in the practice of the
 13 34 profession or occupation, or upon the alleged negligence of
 13 35 the hospital in patient care, in which liability is admitted
 14  1 or established, the damages awarded shall not include actual
 14  2 economic losses incurred or to be incurred in the future by
 14  3 the claimant by reason of the personal injury, including but
 14  4 not limited to, the cost of reasonable and necessary medical
 14  5 care, rehabilitation services, and custodial care, and the
 14  6 loss of services and loss of earned income, to the extent that
 14  7 those losses are replaced or are indemnified by insurance, or
 14  8 by governmental, employment, or service benefit programs or
 14  9 from any other source except the assets of the claimant or of
 14 10 the members of the claimant's immediate family.
 14 11    Sec. 17.  Section 272C.1, subsection 6, Code 1995, is
 14 12 amended by adding the following new paragraph:
 14 13    NEW PARAGRAPH.  cc.  The naturopathic board of medical
 14 14 examiners, created pursuant to chapter 147.  
 14 15                           EXPLANATION
 14 16    This bill describes the scope of practice of naturopathic
 14 17 physicians and provides for licensing of naturopathic
 14 18 physicians by a newly created naturopathic board of medical
 14 19 examiners.  The board may also establish a voluntary
 14 20 certification process for naturopathic assistants.
 14 21 Naturopathic physicians are added to the health care
 14 22 professions regulated under chapters 147 and 272C.
 14 23    The bill exempts from the scope of the practice certain
 14 24 professions.  The bill requires that naturopathic physicians
 14 25 have the same responsibility as other health care
 14 26 professionals with respect to the public health laws, the
 14 27 reporting of diseases, and the recording of vital statistics,
 14 28 consistent with their authorized scope of practice.
 14 29    The bill sets out licensing requirements and provides that
 14 30 licenses be issued to naturopathic physicians by the board.
 14 31 The board is also allowed to issue renewals and reciprocal
 14 32 licenses.  Fees are imposed for licensing and for renewal of a
 14 33 license.
 14 34    Grounds for revocation and suspension of licensing are
 14 35 provided, as well as the procedure to be employed for
 15  1 suspension or revocation.  A maximum of a $10,000 civil
 15  2 penalty may be assessed.
 15  3    Existing penalties for violation of chapters 147 and 272C,
 15  4 regulating all health practice professions, are made
 15  5 applicable under the bill.  
 15  6 LSB 1429YH 76
 15  7 cl/jw/5.3
     

Text: HF00326                           Text: HF00328
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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