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HB 326: "An Act relating to the practice of naturopathy; relating to the licensure of naturopaths; relating to the Department of Commerce, Community, and Economic Development; and providing for an effective date."

00                             HOUSE BILL NO. 326                                                                          
01 "An Act relating to the practice of naturopathy; relating to the licensure of naturopaths;                              
02 relating to the Department of Commerce, Community, and Economic Development; and                                        
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 08.02.010(a) is amended to read:                                                                   
06 (a)  An acupuncturist licensed under AS 08.06, an audiologist or speech-                                                
07 language pathologist licensed under AS 08.11, a behavior analyst licensed under                                         
08 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a                                            
09 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian                                   
10 or nutritionist licensed under AS 08.38, a naturopath licensed under AS 08.45, a                                    
11 massage therapist licensed under AS 08.61, a marital and family therapist licensed                                      
12 under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry                                      
13 midwife certified under AS 08.65, a registered or advanced practice registered nurse                                    
14 under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under                                              
01 AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a                                     
02 psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95,                                       
03 shall use as professional identification appropriate letters or a title after that person's                             
04 name that represents the person's specific field of practice. The letters or title shall                                
05 appear on all signs, stationery, or other advertising in which the person offers or                                     
06 displays personal professional services to the public. In addition, a person engaged in                                 
07 the practice of medicine or osteopathy as defined in AS 08.64.380, or a person                                          
08 engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels                                     
09 other persons in relation to human health or disease and uses the letters "M.D." or the                                 
10 title "doctor" or "physician" or another title that tends to show that the person is                                    
11 willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the                             
12 letters or title by adding the appropriate specialist designation, if any, such as                                      
13       "dermatologist," "radiologist," "audiologist," "naturopath," or the like.                                         
14    * Sec. 2. AS 08.45.030 is amended to read:                                                                         
15 Sec. 08.45.030. Issuance of license. The department shall issue a license to                                          
16 practice naturopathy to an applicant who provides proof satisfactory to the department                                  
17       that the applicant                                                                                                
18                 (1)  is of good moral character;                                                                    
19 (2)  has received a degree from an accredited naturopathic medical                                              
20       school; and                                                                                                   
21 (3)  has [ACCREDITED FOUR-YEAR COLLEGE OR                                                                           
22       UNIVERSITY, AND                                                                                                   
23 (1)  ON OR BEFORE DECEMBER 31, 1987, HAS GRADUATED                                                                      
24 FROM A SCHOOL OF NATUROPATHY THAT REQUIRED FOUR YEARS OF                                                                
25 ATTENDANCE AT THE SCHOOL AND AFTER GRADUATION HAS                                                                       
26 RECEIVED A LICENSE IN ANOTHER STATE AFTER PASSING AN                                                                    
27 EXAMINATION FOR LICENSURE IN THAT STATE AND IS LICENSED BY A                                                            
28       STATE AT THE TIME OF APPLICATION; OR                                                                              
29                 (2)  AFTER DECEMBER 31, 1987, HAS                                                                       
30 (A)  GRADUATED FROM A SCHOOL OF NATUROPATHY                                                                             
31 THAT REQUIRED FOUR YEARS OF ATTENDANCE AT THE SCHOOL                                                                    
01 AND AT THE TIME OF GRADUATION THE SCHOOL WAS                                                                            
02 ACCREDITED OR A CANDIDATE FOR ACCREDITATION BY THE                                                                      
03 COUNCIL ON NATUROPATHIC MEDICAL EDUCATION OR A                                                                          
04 SUCCESSOR ORGANIZATION RECOGNIZED BY THE UNITED                                                                         
05            STATES DEPARTMENT OF EDUCATION; AND                                                                          
06                      (B)]  passed the Naturopathic Physicians Licensing                                                 
07            Examination.                                                                                                 
08    * Sec. 3. AS 08.45.035(a) is amended to read:                                                                      
09            (a)  The department shall issue a temporary license to practice naturopathy to                               
10 an applicant who has applied for and is qualified to take the next Naturopathic                                         
11 Physicians Licensing Examination offered after the date of application and provides                                     
12       proof satisfactory to the department that the applicant                                                           
13 (1)  meets the requirements of AS 08.45.030(2) [AS 08.45.030(2)(A)];                                                
14       and                                                                                                               
15 (2)  has not previously failed the Naturopathic Physicians Licensing                                                    
16       Examination.                                                                                                      
17    * Sec. 4. AS 08.45 is amended by adding a new section to read:                                                     
18 Sec. 08.45.045. Practice of naturopathy. (a) A naturopath licensed under this                                         
19       chapter may                                                                                                       
20 (1)  provide naturopathic services that are within the scope of the                                                     
21 naturopath's education, training, and experience as established by regulations adopted                                  
22       by the department;                                                                                                
23                 (2)  prescribe and administer for preventive and therapeutic purposes                                   
24 (A)  natural therapeutic substances, including food, extracts of                                                        
25 food, vitamins, minerals, enzymes, whole gland substances, botanical                                                    
26            medicines, and homeopathic preparations;                                                                     
27 (B)  natural therapies, including health care counseling,                                                               
28 nutritional counseling and dietary therapy, naturopathic manipulation,                                                  
29            naturopathic physical applications, and therapeutic devices;                                                 
30                      (C)  devices for contraception; and                                                                
31                      (D)  drugs, except as provided in AS 08.45.050;                                                    
01 (3)  perform procedures in the office using operative, electrical, or other                                             
02 methods, including the use of antiseptics and local anesthetics, for the surgical repair                                
03 and care of superficial lacerations and abrasions, superficial lesions, and the removal                                 
04 of foreign bodies located in the superficial tissues of the human body; the procedures                                  
05 may not include general or spinal anesthetics, major surgery, surgery of the body                                       
06 cavities, plastic surgery, surgery involving the eyes, or surgery involving tendons,                                    
07       ligaments, nerves, or blood vessels; and                                                                          
08 (4)  perform or order for diagnostic purposes a physical or orifical                                                    
09 examination, ultrasound, phlebotomy, clinical laboratory test or examination, or                                        
10       physiological function test.                                                                                      
11 (b)  In this section, "naturopathic physical application" means the therapeutic                                         
12 use by a naturopath of the actions or devices of electrical muscle stimulation, galvanic                                
13 treatment, diathermy, ultrasound, ultraviolet light, constitutional hydrotherapy, and                                   
14       naturopathic manipulative therapy.                                                                                
15    * Sec. 5. AS 08.45.050 is amended to read:                                                                         
16 Sec. 08.45.050. Restrictions on practice of naturopathy. Except as                                                  
17       provided in (b) of this section, a [A] person who practices naturopathy may not                               
18                 (1)  give, prescribe, or recommend in the practice                                                      
19                      (A)  [A PRESCRIPTION DRUG;                                                                         
20                      (B)]  a controlled substance;                                                                    
21                      (B)  a cancer chemotherapeutic agent; or                                                       
22                 (2)  [(C)  A POISON;                                                                                
23                 (2)  ENGAGE IN SURGERY;                                                                                 
24                 (3)]  use the word "physician" in the person's title.                                                   
25    * Sec. 6. AS 08.45.050 is amended by adding a new subsection to read:                                              
26 (b)  A naturopath may give, prescribe, or recommend testosterone or zolpidem.                                           
27    * Sec. 7. AS 08.45 is amended by adding new sections to read:                                                      
28 Sec. 08.45.053. Public health duties. A naturopath, consistent with the scope                                         
29 of practice provided under this chapter, has the same duty as a physician licensed                                      
30 under AS 08.64 regarding public health laws, reportable diseases and conditions,                                        
31 communicable disease control and prevention, recording of vital statistics, health and                                  
01       physical examinations, and municipal boards of health.                                                            
02 Sec. 08.45.057. Renewal of license. The department may renew a license to                                             
03 practice naturopathy if the licensee submits proof satisfactory to the department that                                  
04 the licensee has completed 24 hours of continuing education as established by the                                       
05       department within the 24 months immediately preceding the renewal of the license.                                 
06    * Sec. 8. AS 08.45.200(3) is repealed and reenacted to read:                                                       
07 (3)  "naturopathy" means a system of health care practiced by a                                                         
08 naturopath for the prevention, diagnosis, and treatment of human health conditions,                                     
09 injury, and disease for the purpose of promoting or restoring health by the support and                                 
10 stimulation of an individual's inherent self-healing processes through education of the                                 
11 individual and the use of natural therapies, therapeutic devices and substances, and                                    
12       other therapeutic interventions consistent with naturopathic medical training.                                    
13    * Sec. 9. AS 08.45.200 is amended by adding new paragraphs to read:                                                
14 (4)  "accredited naturopathic medical school" means a college or                                                        
15 university and program granting a degree of doctor of naturopathy or naturopathic                                       
16 medicine that is accredited by or is a candidate for accreditation with the Council on                                  
17 Naturopathic Medical Education or another accrediting agency recognized by the                                          
18       United States Department of Education;                                                                            
19 (5)  "naturopath" means a person licensed and authorized to practice                                                    
20 naturopathy in the state that, because of specialized education from an accredited                                      
21 naturopathic medical school, is capable of performing acts of medical diagnosis and                                     
22 prescription of therapeutic substances and procedures that are consistent with                                          
23       naturopathic medical education.                                                                                   
24    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
25 read:                                                                                                                   
26 TRANSITIONAL PROVISION: EFFECT ON CURRENT LICENSEES. On and after                                                       
27 the effective date of secs. 1 - 9 of this Act, a person who holds a valid license to practice                           
28 naturopathy on the effective date of secs. 1 - 9 of this Act may continue to engage in the                              
29 practice of naturopathy under the license until the license expires normally under AS 08.45, as                         
30 AS 08.45 existed before the effective date of secs. 1 - 9 of this Act, but shall otherwise                              
31 comply with AS 08.45, as amended by secs. 1 - 9 of this Act.                                                            
01    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
04 Economic Development may adopt regulations necessary to implement the changes made by                                   
05 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                            
06 before the effective date of the law implemented by the regulation.                                                     
07    * Sec. 12. Section 11 of this Act takes effect immediately under AS 01.10.070(c).                                  
08    * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect January 1, 2019.