HB 7: "An Act relating to the practice of naturopathy; and providing for an effective date."
00 HOUSE BILL NO. 7 01 "An Act relating to the practice of naturopathy; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.45.050 is amended to read: 04 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 05 practices naturopathy may not 06 (1) give, prescribe, or recommend in the practice 07 (A) a prescription drug, except as provided in (b) of this 08 section; 09 (B) a controlled substance; 10 (C) a poison; 11 (2) engage in surgery; 12 (3) use the word "physician" in the person's title. 13 * Sec. 2. AS 08.45.050 is amended by adding new subsections to read: 14 (b) Notwithstanding (a)(1)(A) of this section, a person who practices 15 naturopathy may give, prescribe, or recommend in the practice a device or a
01 homeopathic remedy. 02 (c) The status of a drug or remedy that a naturopath may give, prescribe, or 03 recommend under this chapter or may not give, prescribe, or recommend under this 04 chapter is not changed by compounding the drug or remedy. 05 (d) Nothing in this section authorizes a naturopath to give or prescribe a drug 06 or remedy if the gift or purchase of the prescription would be eligible for Medicaid 07 reimbursement under AS 47.07. 08 * Sec. 3. AS 08.45.060 is amended to read: 09 Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a 10 license. The department may, after a hearing, impose a disciplinary sanction on a 11 person licensed under this chapter when the department finds that the licensee 12 (1) secured a license through deceit, fraud, or intentional 13 misrepresentation; 14 (2) engaged in deceit, fraud, or intentional misrepresentation in the 15 course of providing professional services or engaging in professional activities; 16 (3) advertised professional services in a false or misleading manner; 17 (4) has been convicted of a felony or other crime that affects the 18 licensee's ability to continue to practice competently and safely; 19 (5) failed to comply with this chapter, with a regulation adopted under 20 this chapter, or with an order of the department; 21 (6) continued to practice after becoming unfit due to 22 (A) professional incompetence; 23 (B) addiction or severe dependency on alcohol or a drug that 24 impairs the licensee's ability to practice safely; 25 (C) physical or mental disability; 26 (7) engaged in lewd or immoral conduct in connection with the 27 delivery of professional service to patients; 28 (8) has procured, sold, prescribed, or dispensed drugs in violation 29 of a law regardless of whether there has been a criminal action. 30 * Sec. 4. AS 08.45.200(3) is amended to read: 31 (3) "naturopathy" means the use of hydrotherapy, a dietetic remedy,
01 an herbal remedy, a homeopathic remedy [DIETETICS], electrotherapy, sanitation, 02 suggestion, or mechanical and manual manipulation for the stimulation of 03 physiological and psychological action to establish a normal condition of mind and 04 body [; IN THIS PARAGRAPH, "DIETETICS" INCLUDES HERBAL AND 05 HOMEOPATHIC REMEDIES]. 06 * Sec. 5. AS 08.45.200 is amended by adding new paragraphs to read: 07 (4) "dietetic remedy" means nutritional therapy, nutritional counseling, 08 a nutritional substance, vitamins, or minerals used to promote health and to diagnose, 09 treat, or prevent disease, illness, or conditions; 10 (5) "herbal remedy" means a substance derived from or a concentrate 11 or extract of a plant, tree, root, moss, or fungus; 12 (6) "homeopathic remedy" means a remedy defined in the current 13 version of Homeopathic Pharmacopoeia of the United States; 14 (7) "hydrotherapy" means the application of water to the external body 15 in all forms and temperatures to promote health and to diagnose, treat, and prevent 16 disease, illness, and conditions. 17 * Sec. 6. AS 47.07.030 is amended by adding a new subsection to read: 18 (g) Notwithstanding (b) of this section, the department may not offer services 19 for prescribed drugs given or prescribed by a naturopath. 20 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).