SB 107: "An Act relating to naturopaths and to naturopathic practice; establishing a Naturopathic Advisory Committee and an Alaska Naturopathic Formulary Council; amending the duties of the State Medical Board and the Board of Pharmacy relating to naturopathic practice; and providing for an effective date."
00 SENATE BILL NO. 107 01 "An Act relating to naturopaths and to naturopathic practice; establishing a 02 Naturopathic Advisory Committee and an Alaska Naturopathic Formulary Council; 03 amending the duties of the State Medical Board and the Board of Pharmacy relating to 04 naturopathic practice; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.45.030 is amended to read: 07 Sec. 08.45.030. Issuance of license. The department shall issue a license to 08 practice naturopathy to an applicant who provides proof satisfactory to the department 09 that the applicant has received a degree from an accredited four-year college or 10 university, has paid the applicable fees, and 11 (1) on or before December 31, 1987, has graduated from a school of 12 naturopathy that required four years of attendance at the school and after graduation 13 has received a license in another state after passing an examination for licensure in 14 that state and is licensed by a state at the time of application; or
01 (2) after December 31, 1987, has 02 (A) graduated from a school of naturopathy that required four 03 years of attendance at the school and at the time of graduation the school was 04 accredited or a candidate for accreditation by the Council on Naturopathic 05 Medical Education or a successor organization recognized by the United States 06 Department of Education; and 07 (B) passed the Naturopathic Physicians Licensing Examination. 08 * Sec. 2. AS 08.45 is amended by adding a new section to read: 09 Sec. 08.45.045. Scope of practice as a naturopath. A naturopath may 10 (1) use physical and laboratory examinations consistent with 11 naturopathic medical education and training for diagnostic purposes; 12 (2) order and perform diagnostic and imaging tests consistent with 13 naturopathic medical education and training; 14 (3) perform and administer therapies consistent with naturopathic 15 medical education and training; 16 (4) if holding an endorsement issued under AS 08.45.056, administer 17 and prescribe prescription drugs and medical devices as approved by the Alaska 18 Naturopathic Formulary Council established under AS 08.45.052; and 19 (5) perform minor surgery, as defined in AS 08.45.050(b). 20 * Sec. 3. AS 08.45.050 is amended to read: 21 Sec. 08.45.050. Restrictions on naturopathic practice. A person who 22 practices naturopathy may not 23 (1) except as authorized under AS 08.45.056, give, prescribe, or 24 recommend in the practice 25 (A) a prescription drug; 26 (B) a controlled substance; 27 (C) a poison; 28 (2) engage in surgery, except minor surgery; 29 (3) use the word "physician" in the person's title; 30 (4) use general or spinal anesthetics; or 31 (5) administer ionizing radioactive substances for therapeutic
01 purposes. 02 * Sec. 4. AS 08.45.050 is amended by adding a new subsection to read: 03 (b) In this section, "minor surgery" 04 (1) means the use of 05 (A) operative, electrical, or other methods for surgical repair 06 and care incidental to superficial lacerations and abrasions or superficial 07 lesions and the removal of foreign bodies located in superficial tissues; and 08 (B) antiseptics and local anesthetics in connection with 09 methods authorized under (A) of this paragraph; 10 (2) does not include use of general or spinal anesthetics, surgery of the 11 body cavities, or specialized surgery, such as plastic surgery, surgery involving the 12 eyes, or surgery involving tendons, ligaments, nerves, or blood vessels. 13 * Sec. 5. AS 08.45 is amended by adding new sections to read: 14 Sec. 08.45.052. Alaska Naturopathic Formulary Council. (a) The Alaska 15 Naturopathic Formulary Council is established in the department. The council consists 16 of three members who are naturopaths licensed under AS 08.45.030 who have been 17 nominated by the Naturopathic Advisory Committee established under AS 08.45.110. 18 One member shall be a pharmacist, nominated by the Board of Pharmacy under 19 AS 08.80.030(b), and one member shall be a physician or osteopath, nominated by the 20 State Medical Board under AS 08.64.101. 21 (b) Members of the Alaska Naturopathic Formulary Council shall serve 22 staggered terms of three years unless removed for cause. 23 (c) Four members of the council constitute a quorum for the transaction of all 24 business properly before the council. 25 Sec. 08.45.054. Duties of the Formulary Council. The Alaska Naturopathic 26 Formulary Council shall 27 (1) establish a list of prescription drugs and medical devices that are 28 consistent with naturopathic education and practice that the department may approve 29 for use by naturopaths authorized under AS 08.45.056; and 30 (2) review the list of prescription drugs and medical devices approved 31 for use by naturopaths authorized under AS 08.45.056 annually and on request by the
01 department. 02 Sec. 08.45.056. Prescription endorsement. (a) The department shall issue a 03 prescription endorsement to a naturopath licensed under this chapter who submits 04 proof satisfactory to the department that the naturopath has 05 (1) successfully completed at least 60 hours of education from a 06 program approved by the Alaska Naturopathic Formulary Council; and 07 (2) met other requirements establishing proof of competency and 08 professional qualifications that the department, in consultation with the Naturopathic 09 Advisory Committee, considers necessary to ensure the continued protection of the 10 public. 11 (b) An endorsement issued under (a) of this section authorizes the licensee to 12 prescribe and administer prescription drugs and medical devices that are on the 13 formulary approved by the Alaska Naturopathic Formulary Council under 14 AS 08.45.054. 15 (c) An endorsement issued under (a) of this section is valid for two years 16 unless revoked or suspended by the department. 17 (d) The department may not renew an endorsement issued under (a) of this 18 section unless the licensee submits proof satisfactory to the department of at least 30 19 hours of continuing education approved by the department, of which at least 15 hours 20 shall be pharmacy credit hours. 21 * Sec. 6. AS 08.45 is amended by adding new sections to read: 22 Sec. 08.45.110. Naturopathic Advisory Committee established. (a) The 23 Naturopathic Advisory Committee is established in the department. The committee 24 consists of three members appointed by the commissioner of commerce, community, 25 and economic development who shall be naturopaths licensed under this chapter who 26 have been engaged in the practice of naturopathic medicine in the state for at least two 27 years immediately preceding appointment. At least one of the members must live 28 outside the third judicial district. Members serve for staggered terms of three years and 29 serve until a successor is appointed. 30 (b) When making appointments of naturopaths under (a) of this section, the 31 commissioner may consider licensed naturopaths who have been nominated by the
01 Alaska Association of Naturopathic Physicians. 02 (c) Members may be removed for cause. 03 (d) In the event of the death, resignation, or removal of a member, the vacancy 04 shall be filled for the unexpired portion of the term in the same manner as the original 05 appointment. 06 Sec. 08.45.120. Duties of the Naturopathic Advisory Committee. The 07 Naturopathic Advisory committee shall 08 (1) meet at the request of the department to review allegations of 09 misconduct involving naturopaths licensed under this chapter or persons claiming to 10 be naturopaths; 11 (2) advise the department on the approval of naturopathic medical 12 programs; 13 (3) review naturopath candidates for nomination to the Alaska 14 Naturopathic Formulary Council established under AS 08.45.052; and 15 (4) advise the department on the adoption of regulations under 16 AS 08.45.056. 17 Sec. 08.45.130. Fees. The department shall set fees under AS 08.01.065 for 18 each of the following: 19 (1) a license issued under this chapter; 20 (2) a temporary license issued under this chapter; 21 (3) renewal of a license issued under this chapter; 22 (4) a prescription endorsement issued under this chapter. 23 * Sec. 7. AS 08.64.101 is amended to read: 24 Sec. 08.64.101. Duties. The board shall 25 (1) examine and issue licenses to applicants; 26 (2) develop written guidelines to ensure that licensing requirements are 27 not unreasonably burdensome and the issuance of licenses is not unreasonably 28 withheld or delayed; 29 (3) after a hearing, impose disciplinary sanctions on persons who 30 violate this chapter or the regulations or orders of the board; 31 (4) adopt regulations ensuring that renewal of licenses is contingent
01 upon proof of continued competency on the part of the licensee; [AND] 02 (5) under regulations adopted by the board, contract with private 03 professional organizations to establish an impaired medical professionals program to 04 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 05 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 06 and 07 (6) nominate a licensed physician or osteopath to the Alaska 08 Naturopathic Formulary Council established under AS 08.45.052. 09 * Sec. 8. AS 08.80.030(b) is amended to read: 10 (b) In order to fulfill its responsibilities, the board has the powers necessary 11 for implementation and enforcement of this chapter, including the power to 12 (1) elect a president and secretary from its membership and adopt rules 13 for the conduct of its business; 14 (2) license by examination or by license transfer the applicants who are 15 qualified to engage in the practice of pharmacy; 16 (3) assist the department in inspections and investigations for 17 violations of this chapter, or of any other state or federal statute relating to the practice 18 of pharmacy; 19 (4) adopt regulations to carry out the purposes of this chapter; 20 (5) establish and enforce compliance with professional standards and 21 rules of conduct for pharmacists engaged in the practice of pharmacy; 22 (6) determine standards for recognition and approval of degree 23 programs of schools and colleges of pharmacy whose graduates shall be eligible for 24 licensure in this state, including the specification and enforcement of requirements for 25 practical training, including internships; 26 (7) establish for pharmacists and pharmacies minimum specifications 27 for the physical facilities, technical equipment, personnel, and procedures for the 28 storage, compounding, and dispensing of drugs or related devices, and for the 29 monitoring of drug therapy; 30 (8) enforce the provisions of this chapter relating to the conduct or 31 competence of pharmacists practicing in the state, and the suspension, revocation, or
01 restriction of licenses to engage in the practice of pharmacy; 02 (9) license and regulate the training, qualifications, and employment of 03 pharmacy interns and pharmacy technicians; 04 (10) issue licenses to persons engaged in the manufacture and 05 distribution of drugs and related devices; 06 (11) nominate a licensed pharmacist to the Alaska Naturopathic 07 Formulary Council established under AS 08.45.052. 08 * Sec. 9. AS 08.80.400 is amended to read: 09 Sec. 08.80.400. Other licensees not affected. This chapter does not affect the 10 practice of medicine by a licensed medical doctor and does not limit a licensed 11 medical doctor, osteopath, podiatrist, physician assistant, advanced nurse practitioner, 12 dentist, veterinarian, dispensing optician, naturopath, or optometrist in supplying a 13 patient with any medicinal preparation or article within the scope of the person's 14 license. 15 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 18 Economic Development may proceed to adopt regulations necessary to implement the 19 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 20 Procedure Act), but not before the effective date of the respective statutory change. 21 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITIONAL PROVISIONS. (a) Notwithstanding AS 08.45.052, as enacted in 24 sec. 5 of this Act, the terms of the first members of the Alaska Naturopathic Formulary 25 Council appointed by the department under AS 08.45.052, as enacted in sec. 5 of this Act, are 26 as follows: (1) the licensed medical doctor or osteopath member and one licensed naturopath 27 member shall be appointed for two-year terms; (2) the licensed pharmacist member and one 28 licensed naturopath member shall be appointed for three-year terms; and (3) one licensed 29 naturopath member shall be appointed for a one-year term. The department shall specify the 30 term of office of each licensed naturopath member appointed subject to this subsection. 31 (b) Notwithstanding AS 08.45.110, as enacted in sec. 6 of this Act, the terms of the
01 first members of the Naturopathic Advisory Committee appointed by the department under 02 AS 08.45.110, as enacted in sec. 6 of this Act, are as follows: (1) one member shall be 03 appointed for a one-year term; (2) one member shall be appointed for a two-year term; and (3) 04 one member shall be appointed for a three-year term. The department shall specify the term of 05 office of each member appointed subject to this subsection. 06 * Sec. 12. Section 10 of this Act takes effect immediately under AS 01.10.070(c).