Senate File 2262 - Introduced SENATE FILE 2262 BY DANDEKAR and BOETTGER A BILL FOR An Act relating to the licensing of naturopathic physicians. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5890ST (1) 83 jr/nh
S.F. 2262 Section 1. Section 147.1, subsections 3 and 6, Code 1 Supplement 2009, are amended to read as follows: 2 3. “Licensed” or “certified” , when applied to a physician 3 and surgeon, podiatric physician, osteopathic physician 4 and surgeon, naturopathic physician, physician assistant, 5 psychologist, chiropractor, nurse, dentist, dental hygienist, 6 dental assistant, optometrist, speech pathologist, audiologist, 7 pharmacist, physical therapist, physical therapist assistant, 8 occupational therapist, occupational therapy assistant, 9 respiratory care practitioner, practitioner of cosmetology 10 arts and sciences, practitioner of barbering, funeral 11 director, dietitian, marital and family therapist, mental 12 health counselor, social worker, massage therapist, athletic 13 trainer, acupuncturist, nursing home administrator, hearing aid 14 dispenser, or sign language interpreter or transliterator means 15 a person licensed under this subtitle. 16 6. “Profession” means medicine and surgery, 17 podiatry, osteopathic medicine and surgery, naturopathic 18 medicine, practice as a physician assistant, psychology, 19 chiropractic, nursing, dentistry, dental hygiene, dental 20 assisting, optometry, speech pathology, audiology, pharmacy, 21 physical therapy, physical therapist assisting, occupational 22 therapy, occupational therapy assisting, respiratory care, 23 cosmetology arts and sciences, barbering, mortuary science, 24 marital and family therapy, mental health counseling, 25 social work, dietetics, massage therapy, athletic training, 26 acupuncture, nursing home administration, hearing aid 27 dispensing, or sign language interpreting or transliterating. 28 Sec. 2. Section 147.2, subsection 1, Code 2009, is amended 29 to read as follows: 30 1. A person shall not engage in the practice of medicine 31 and surgery, podiatry, osteopathic medicine and surgery, 32 naturopathic medicine, psychology, chiropractic, physical 33 therapy, physical therapist assisting, nursing, dentistry, 34 dental hygiene, dental assisting, optometry, speech pathology, 35 -1- LSB 5890ST (1) 83 jr/nh 1/ 7
S.F. 2262 audiology, occupational therapy, occupational therapy 1 assisting, respiratory care, pharmacy, cosmetology arts and 2 sciences, barbering, social work, dietetics, marital and 3 family therapy or mental health counseling, massage therapy, 4 mortuary science, athletic training, acupuncture, nursing 5 home administration, hearing aid dispensing, or sign language 6 interpreting or transliterating, or shall not practice as a 7 physician assistant, unless the person has obtained a license 8 for that purpose from the board for the profession. 9 Sec. 3. Section 147.13, Code Supplement 2009, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 24. For naturopathic medicine, the board of 12 naturopathic medicine. 13 Sec. 4. Section 147.14, subsection 1, Code Supplement 2009, 14 is amended by adding the following new paragraph: 15 NEW PARAGRAPH . x. For naturopathic medicine, three 16 members licensed as naturopathic physicians, one member who is 17 licensed under chapter 148 or 152, and one member who is not a 18 naturopathic physician or licensed health care professional, 19 who shall represent the general public. 20 Sec. 5. Section 147.74, Code 2009, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 22A. A naturopathic physician licensed 23 under chapter 154G may use the words “naturopathic physician” 24 or the initials “N.D.” or “N.M.D.” after the person’s name. 25 Sec. 6. NEW SECTION . 154G.1 Definitions. 26 As used in this chapter, unless the context otherwise 27 requires: 28 1. “Board” means the board of naturopathic medicine 29 established in section 147.13. 30 2. “Department” means the department of public health. 31 3. “Naturopathic medicine” means a system of primary 32 health care for the prevention, diagnosis, and treatment of 33 human health conditions, injury, and disease; the promotion 34 or restoration of health; and the support and stimulation of 35 -2- LSB 5890ST (1) 83 jr/nh 2/ 7
S.F. 2262 a patient’s inherent self-healing processes through patient 1 education and the use of naturopathic therapies and therapeutic 2 substances. 3 4. “Naturopathic physician” means a person who is licensed 4 to practice naturopathic medicine under chapter 147 and this 5 chapter. 6 5. “Therapeutic substances” includes food, extracts of 7 food, nutraceuticals, vitamins, amino acids, minerals, enzymes, 8 botanicals and their extracts, botanical medicines, homeopathic 9 medicines, all dietary supplements, nonprescription drugs 10 as defined by the federal Food, Drug, and Cosmetic Act and 11 prescription drugs consistent with naturopathic education that 12 naturopathic physicians use in the practice of the profession, 13 as determined by the board. 14 Sec. 7. NEW SECTION . 154G.2 Licensure —— naturopathic 15 medicine. 16 An applicant for a license to practice naturopathic medicine 17 shall be granted a license by the board if the applicant 18 satisfies all of the following requirements: 19 1. At least two years’ satisfactory liberal arts or 20 sciences study in a college or university accredited by either 21 the northwest association of schools and colleges or a like 22 regional association approved by the board. 23 2. Graduation from a naturopathic school or college as 24 approved by the board and meeting one or more of the following 25 requirements: 26 a. A naturopathic medical education program in the 27 United States providing the degree of doctor of naturopathy 28 or doctor of naturopathic medicine. Such program shall 29 offer graduate-level, full-time didactic and supervised 30 clinical training and shall be accredited, or shall have 31 achieved candidacy status for accreditation by the council 32 on naturopathic medical education or by an equivalent 33 federally recognized accrediting body for naturopathic medical 34 programs also recognized by the board. Additionally, the 35 -3- LSB 5890ST (1) 83 jr/nh 3/ 7
S.F. 2262 program shall be an institution, or part of an institution of 1 higher education that is either accredited or is a candidate 2 for accreditation by a regional or national institutional 3 accrediting agency recognized by the United States secretary 4 of education. 5 b. A degree granting college or university that, prior 6 to the existence of the council on naturopathic medicinal 7 education, offered a full-time, structured curriculum in 8 basic sciences and supervised patient care comprising a 9 doctoral naturopathic medical education; such curriculum, as 10 a prerequisite to graduation, consisted of not less than one 11 hundred thirty-two weeks of study and required completion 12 within a period of not less than thirty-five months; such 13 college or university of naturopathic medicine shall have been 14 reputable and in good standing in the judgment of the board, 15 and if still in existence, shall have current programmatic 16 accreditation by the council on naturopathic medical education 17 or an equivalent federally recognized accrediting agency. 18 c. A diploma granting, degree-equivalent college or 19 university in Canada, that prior to accreditation by the 20 council on naturopathic medical education, had provincial 21 approval for participation in government-funded student aid 22 programs, and that offered a full-time, structured curriculum 23 in basic sciences and supervised patient care comprising a 24 doctoral naturopathic medical education; such curriculum, as 25 a prerequisite to graduation, consisted of not less than one 26 hundred thirty-two weeks of study and required completion 27 within a period of not less than thirty-five months; such 28 college or university of liberal arts and naturopathic medicine 29 shall have been reputable and in good standing in the judgment 30 of the board, and if still in existence shall have current 31 programmatic accreditation by the council of naturopathic 32 medical education or an equivalent federally recognized 33 accrediting agency. Additionally, the college or university 34 currently shall have provincial approval for participation in 35 -4- LSB 5890ST (1) 83 jr/nh 4/ 7
S.F. 2262 government-funded student aid programs. 1 d. A diploma granting, degree-equivalent college or 2 university in Canada that offers graduate-level, full-time 3 didactic and supervised clinical training and is accredited, or 4 has achieved candidacy status for accreditation by the council 5 on naturopathic medical education or an equivalent federally 6 recognized accrediting body for naturopathic medical programs 7 also recognized by the board; and the college or university 8 has provincial approval for participation in government-funded 9 student aid. 10 3. Has passed a competency-based national naturopathic 11 licensing examination administered by the north American board 12 of naturopathic examiners or successor agency, that has been 13 nationally recognized to administer a naturopathic examination 14 representing federal standards of education and training. For 15 an approved program described in section 154G.2, subsection 2, 16 paragraph “c” or “d” , eligibility for licensure may be granted 17 with evidence of successful passage of a board-approved state 18 or Canadian provincial competency examination. 19 Sec. 8. NEW SECTION . 154G.3 Board organization and 20 authority. 21 In addition to duties and responsibilities provided in 22 chapters 147 and 272C, the board and the department shall adopt 23 rules relating to: 24 1. Standards required for persons engaging in the practice 25 of naturopathic medicine. 26 2. Standards for professional conduct of persons licensed 27 under this chapter. 28 3. The administration of this chapter. 29 4. Procedures for the issuance, renewal, and removal of 30 persons licensed under this chapter based on qualifications, 31 standards, and scope of practice established by the board. 32 5. The maintenance of a registry of licensed naturopathic 33 physicians. 34 6. A naturopathic formulary enumerating the substances 35 -5- LSB 5890ST (1) 83 jr/nh 5/ 7
S.F. 2262 that may be prescribed by a naturopathic physician. This 1 chapter does not allow a naturopathic physician to dispense, 2 administer, or prescribe any legend drug or device as defined 3 in chapter 124, unless such prescription or drug or device is 4 specifically included in the naturopathic formulary determined 5 by the board. 6 Sec. 9. NEW SECTION . 154G.4 Exceptions. 7 1. The practice of naturopathic medicine by a naturopathic 8 physician licensed pursuant to this chapter does not constitute 9 the practice of medicine and surgery under chapter 148 or the 10 practice of nursing under chapter 152. 11 2. This chapter and chapter 147 do not prevent qualified 12 members of other professions including but not limited to 13 individuals licensed under chapter 148 or 152 from providing 14 services consistent with the nature of naturopathic medicine, 15 but these persons shall not use a title or description denoting 16 that they are licensed naturopathic physicians. 17 Sec. 10. NEW SECTION . 154G.5 Transition provisions. 18 To be granted a license by the board, an applicant for 19 a license to practice naturopathic medicine applying prior 20 to July 1, 2011, shall meet the education, graduation, and 21 curriculum requirements contained in section 154G.2. The 22 applicant shall not be required to pass the national, state, or 23 provincial licensing examination referred to in section 154G.2. 24 Sec. 11. Section 272C.1, subsection 6, Code Supplement 25 2009, is amended by adding the following new paragraph: 26 NEW PARAGRAPH . ag. The board of naturopathic medicine 27 created pursuant to chapter 147. 28 Sec. 12. Initial board. 29 1. Notwithstanding section 147.14, initial professional 30 appointees to the board of naturopathic medicine shall either 31 hold a license in another state or have been engaged in the 32 practice or instruction of naturopathic medicine for at least 33 five years. 34 2. Notwithstanding section 147.14, of the initial 35 -6- LSB 5890ST (1) 83 jr/nh 6/ 7
S.F. 2262 appointments to the board, one member shall be appointed for 1 a one-year term, one member shall be appointed for a two-year 2 term, and one member shall be appointed for a three-year term. 3 The member who is licensed under chapter 148 or 152 shall be 4 appointed for a two-year term and the member representing the 5 general public shall be appointed for a three-year term. 6 EXPLANATION 7 This bill requires the licensing of naturopathic physicians. 8 The bill provides that the practice of naturopathic medicine 9 means the provision of naturopathic medical services including 10 physiotherapy, natural healing processes, and minor surgery 11 and has as its objective the maintaining of the body in, 12 or of restoring it to, a state of normal health. The bill 13 establishes educational and testing requirements as a condition 14 of licensure. 15 The bill provides for the establishment of a board of 16 naturopathic medicine responsible for establishing rules 17 regarding the licensing and practice of naturopathic medicine, 18 and makes changes in Code chapter 147 consistent with the 19 establishment of the new board. 20 The bill provides that qualified members of other 21 professions, including physicians and nurses, are not prevented 22 from providing services consistent with naturopathic medicine, 23 but these persons shall not use a title or description denoting 24 that they are naturopathic physicians. 25 The bill provides for the appointment of the initial board 26 and a transitional licensing provision for persons seeking 27 licensure prior to July 1, 2011. 28 -7- LSB 5890ST (1) 83 jr/nh 7/ 7