Legislature(2011 - 2012)
2012-04-12 Senate Journal
Full Journal pdf2012-04-12 Senate Journal Page 2202 SB 175 SENATE BILL NO. 175 "An Act relating to the practice of naturopathy; and providing for an effective date" was read the second time. 2012-04-12 Senate Journal Page 2203 Senator Egan, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 1634. Without objection, CS FOR SENATE BILL NO. 175(L&C) was adopted. Senator McGuire offered Amendment No. 1 : Page 1, line 15, through page 2, line 2: Delete "or, in a form that is not a controlled substance, an herbal or homeopathic remedy, a dietetic remedy, or hydrotherapy" Insert ", a homeopathic remedy, or a dietetic remedy" Page 2, lines 3 - 13: Delete all material and insert: "(c) The status of a drug or remedy that a naturopath may give, prescribe, or recommend under this chapter or may not give, prescribe, or recommend under this chapter is not changed by compounding the drug or remedy." Page 2, following line 13: Insert new bill sections to read: "* Sec. 3. AS 08.45.060 is amended to read: Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a license. The department may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely; (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department; 2012-04-12 Senate Journal Page 2204 (6) continued to practice after becoming unfit due to (A) professional incompetence; (B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely; (C) physical or mental disability; (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; (8) has procured, sold, prescribed, or dispensed drugs in violation of a law regardless of whether there has been a criminal action. * Sec. 4. AS 08.45.200(3) is amended to read: (3) "naturopathy" means the use of hydrotherapy, a dietetic remedy [DIETETICS], an herbal remedy, a homeopathic remedy, electrotherapy, sanitation, suggestion, mechanical and manual manipulation for the stimulation of physiological and psychological action to establish a normal condition of mind and body [; IN THIS PARAGRAPH, "DIETETICS" INCLUDES HERBAL AND HOMEOPATHIC REMEDIES]. * Sec. 5. AS 08.45.200 is amended by adding new paragraphs to read: (4) "dietetic remedy" means nutritional therapy, nutritional counseling, a nutritional substance, vitamins, or minerals used to promote health and to diagnose, treat, or prevent disease, illness, or conditions; (5) "herbal remedy" means a substance derived from or a concentrate or extract of a plant, tree, root, moss, or fungus; (6) "homeopathic remedy" means a remedy defined in the current version of Homeopathic Pharmacopoeia of the United States; (7) "hydrotherapy" means the application of water to the external body in all forms and temperatures to promote health and to diagnose, treat, and prevent disease, illness, and conditions; (8) "prescription drug" means a drug on the Prescription Drug Product List or the Drug Products with 2012-04-12 Senate Journal Page 2205 Approval under Section 505 of the Act Administered by the Center for Biologics Evaluation and Research List in the Approved Drug Products with Therapeutic Equivalence Evaluations compiled by the United States Food and Drug Administration in effect at the time of the prescription, gift, or recommendation, or that has, at the time of the prescription, gift, or recommendation, gone through a preapproval process by the United States Food and Drug Administration." Renumber the following bill section accordingly. Senator McGuire moved for the adoption of Amendment No. 1. Senator French objected, then withdrew his objection. There being no further objection, Amendment No. 1 was adopted. Senator Meyer moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 175(L&C) am was read the third time. Senator Menard moved and asked unanimous consent to be shown as a cosponsor on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 175(L&C) am "An Act relating to the practice of naturopathy; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 175(L&C) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, CS FOR SENATE BILL NO. 175(L&C) am passed the Senate. 2012-04-12 Senate Journal Page 2206 Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.