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