SF 2262 (LSB 5890ST (1) 83)

SENATE FILE 2262

BY  DANDEKAR and BOETTGER

A BILL FOR

An Act relating to the licensing of naturopathic physicians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.1, subsections 3 and 6, Code Supplement 2009, are amended to read as follows:
   3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, naturopathic physician, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, marital and family therapist, mental health counselor, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid dispenser, or sign language interpreter or transliterator means a person licensed under this subtitle.
   6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, naturopathic medicine, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, marital and family therapy, mental health counseling, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, hearing aid dispensing, or sign language interpreting or transliterating.
    Sec. 2.  Section 147.2, subsection 1, Code 2009, is amended to read as follows:
   1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, naturopathic medicine, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, marital and family therapy or mental health counseling, massage therapy, mortuary science, athletic training, acupuncture, nursing home administration, hearing aid dispensing, or sign language interpreting or transliterating, or shall not practice as a physician assistant, unless the person has obtained a license for that purpose from the board for the profession.
    Sec. 3.  Section 147.13, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  24.  For naturopathic medicine, the board of naturopathic medicine.
    Sec. 4.  Section 147.14, subsection 1, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  x.  For naturopathic medicine, three members licensed as naturopathic physicians, one member who is licensed under chapter 148 or 152, and one member who is not a naturopathic physician or licensed health care professional, who shall represent the general public.
    Sec. 5.  Section 147.74, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  22A.  A naturopathic physician licensed under chapter 154G may use the words “naturopathic physician” or the initials “N.D.” or “N.M.D.” after the person’s name.
    Sec. 6.  NEW SECTION.  154G.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Board” means the board of naturopathic medicine established in section 147.13.
   2.  “Department” means the department of public health.
   3.  “Naturopathic medicine” means a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injury, and disease; the promotion or restoration of health; and the support and stimulation of a patient’s inherent self-healing processes through patient education and the use of naturopathic therapies and therapeutic substances.
   4.  “Naturopathic physician” means a person who is licensed to practice naturopathic medicine under chapter 147 and this chapter.
   5.  “Therapeutic substances” includes food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, all dietary supplements, nonprescription drugs as defined by the federal Food, Drug, and Cosmetic Act and prescription drugs consistent with naturopathic education that naturopathic physicians use in the practice of the profession, as determined by the board.
    Sec. 7.  NEW SECTION.  154G.2  Licensure —— naturopathic medicine.

   An applicant for a license to practice naturopathic medicine shall be granted a license by the board if the applicant satisfies all of the following requirements:

   1.  At least two years’ satisfactory liberal arts or sciences study in a college or university accredited by either the northwest association of schools and colleges or a like regional association approved by the board.
   2.  Graduation from a naturopathic school or college as approved by the board and meeting one or more of the following requirements:
   a.  A naturopathic medical education program in the United States providing the degree of doctor of naturopathy or doctor of naturopathic medicine. Such program shall offer graduate-level, full-time didactic and supervised clinical training and shall be accredited, or shall have achieved candidacy status for accreditation by the council on naturopathic medical education or by an equivalent federally recognized accrediting body for naturopathic medical programs also recognized by the board. Additionally, the program shall be an institution, or part of an institution of higher education that is either accredited or is a candidate for accreditation by a regional or national institutional accrediting agency recognized by the United States secretary of education.
   b.  A degree granting college or university that, prior to the existence of the council on naturopathic medicinal education, offered a full-time, structured curriculum in basic sciences and supervised patient care comprising a doctoral naturopathic medical education; such curriculum, as a prerequisite to graduation, consisted of not less than one hundred thirty-two weeks of study and required completion within a period of not less than thirty-five months; such college or university of naturopathic medicine shall have been reputable and in good standing in the judgment of the board, and if still in existence, shall have current programmatic accreditation by the council on naturopathic medical education or an equivalent federally recognized accrediting agency.
   c.  A diploma granting, degree-equivalent college or university in Canada, that prior to accreditation by the council on naturopathic medical education, had provincial approval for participation in government-funded student aid programs, and that offered a full-time, structured curriculum in basic sciences and supervised patient care comprising a doctoral naturopathic medical education; such curriculum, as a prerequisite to graduation, consisted of not less than one hundred thirty-two weeks of study and required completion within a period of not less than thirty-five months; such college or university of liberal arts and naturopathic medicine shall have been reputable and in good standing in the judgment of the board, and if still in existence shall have current programmatic accreditation by the council of naturopathic medical education or an equivalent federally recognized accrediting agency. Additionally, the college or university currently shall have provincial approval for participation in government-funded student aid programs.
   d.  A diploma granting, degree-equivalent college or university in Canada that offers graduate-level, full-time didactic and supervised clinical training and is accredited, or has achieved candidacy status for accreditation by the council on naturopathic medical education or an equivalent federally recognized accrediting body for naturopathic medical programs also recognized by the board; and the college or university has provincial approval for participation in government-funded student aid.
   3.  Has passed a competency-based national naturopathic licensing examination administered by the north American board of naturopathic examiners or successor agency, that has been nationally recognized to administer a naturopathic examination representing federal standards of education and training. For an approved program described in section 154G.2, subsection 2, paragraph “c” or “d”, eligibility for licensure may be granted with evidence of successful passage of a board-approved state or Canadian provincial competency examination.
    Sec. 8.  NEW SECTION.  154G.3  Board organization and authority.

   In addition to duties and responsibilities provided in chapters 147 and 272C, the board and the department shall adopt rules relating to:

   1.  Standards required for persons engaging in the practice of naturopathic medicine.
   2.  Standards for professional conduct of persons licensed under this chapter.
   3.  The administration of this chapter.
   4.  Procedures for the issuance, renewal, and removal of persons licensed under this chapter based on qualifications, standards, and scope of practice established by the board.
   5.  The maintenance of a registry of licensed naturopathic physicians.
   6.  A naturopathic formulary enumerating the substances that may be prescribed by a naturopathic physician. This chapter does not allow a naturopathic physician to dispense, administer, or prescribe any legend drug or device as defined in chapter 124, unless such prescription or drug or device is specifically included in the naturopathic formulary determined by the board.
    Sec. 9.  NEW SECTION.  154G.4  Exceptions.  
   1.  The practice of naturopathic medicine by a naturopathic physician licensed pursuant to this chapter does not constitute the practice of medicine and surgery under chapter 148 or the practice of nursing under chapter 152.
   2.  This chapter and chapter 147 do not prevent qualified members of other professions including but not limited to individuals licensed under chapter 148 or 152 from providing services consistent with the nature of naturopathic medicine, but these persons shall not use a title or description denoting that they are licensed naturopathic physicians.
    Sec. 10.  NEW SECTION.  154G.5  Transition provisions.

   To be granted a license by the board, an applicant for a license to practice naturopathic medicine applying prior to July 1, 2011, shall meet the education, graduation, and curriculum requirements contained in section 154G.2. The applicant shall not be required to pass the national, state, or provincial licensing examination referred to in section 154G.2.
    Sec. 11.  Section 272C.1, subsection 6, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  ag.  The board of naturopathic medicine created pursuant to chapter 147.
    Sec. 12.  Initial board.
   1.  Notwithstanding section 147.14, initial professional appointees to the board of naturopathic medicine shall either hold a license in another state or have been engaged in the practice or instruction of naturopathic medicine for at least five years.
   2.  Notwithstanding section 147.14, of the initial appointments to the board, one member shall be appointed for a one-year term, one member shall be appointed for a two-year term, and one member shall be appointed for a three-year term. The member who is licensed under chapter 148 or 152 shall be appointed for a two-year term and the member representing the general public shall be appointed for a three-year term.
EXPLANATION
   This bill requires the licensing of naturopathic physicians. The bill provides that the practice of naturopathic medicine means the provision of naturopathic medical services including physiotherapy, natural healing processes, and minor surgery and has as its objective the maintaining of the body in, or of restoring it to, a state of normal health. The bill establishes educational and testing requirements as a condition of licensure.
   The bill provides for the establishment of a board of naturopathic medicine responsible for establishing rules regarding the licensing and practice of naturopathic medicine, and makes changes in Code chapter 147 consistent with the establishment of the new board.
   The bill provides that qualified members of other professions, including physicians and nurses, are not prevented from providing services consistent with naturopathic medicine, but these persons shall not use a title or description denoting that they are naturopathic physicians.
   The bill provides for the appointment of the initial board and a transitional licensing provision for persons seeking licensure prior to July 1, 2011.