SSHB 363: "An Act relating to naturopaths and to the practice of naturopathy; establishing an Alaska Naturopathic Board; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 363 01 "An Act relating to naturopaths and to the practice of naturopathy; establishing an 02 Alaska Naturopathic Board; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010(26) is amended to read: 05 (26) Alaska Naturopathic Board (AS 08.45.003) [REGULATION 06 OF THE PRACTICE OF NATUROPATHY UNDER AS 08.45]; 07 * Sec. 2. AS 08.01.050(d) is amended to read: 08 (d) At the request of one of the following boards, the department may contract 09 with public agencies and private professional organizations to provide assistance and 10 treatment to persons licensed by the board who abuse alcohol, other drugs, or other 11 substances: 12 (1) Board of Social Work Examiners; 13 (2) Board of Dental Examiners; 14 (3) Board of Dispensing Opticians;
01 (4) State Medical Board; 02 (5) Board of Nursing; 03 (6) Board of Examiners in Optometry; 04 (7) Board of Pharmacy; 05 (8) State Physical Therapy and Occupational Therapy Board; 06 (9) Board of Professional Counselors; 07 (10) Board of Psychologist and Psychological Associate Examiners; 08 (11) Board of Veterinary Examiners; [AND] 09 (12) Board of Marital and Family Therapy; and 10 (13) the Alaska Naturopathic Board. 11 * Sec. 3. AS 08.45 is amended by adding new sections to read: 12 Sec. 08.45.003. Board created; organization. (a) There is created the Alaska 13 Naturopathic Board. The board consists of seven members appointed by the governor. 14 Three members shall be naturopaths licensed under this chapter who have been 15 engaged in the practice of naturopathic medicine in the state for at least five years 16 immediately preceding appointment, at least one of whom lives outside the third 17 judicial district. One member shall be a licensed pharmacist. One member shall be a 18 licensed physician. Two members shall be public members who, in addition to the 19 limitations imposed under AS 08.01.025, may not have a direct financial interest in the 20 health care industry other than as a consumer of health care services. 21 (b) The board shall select from among its members a chair and a secretary. 22 The board shall meet at least twice a year, and additional meetings shall be held on 23 request of the chair or on request of the department. 24 (c) Members of the board shall serve staggered terms of three years unless 25 removed for cause. 26 (d) Four members of the board constitute a quorum for the transaction of all 27 business properly before the board. 28 (e) When appointing naturopaths under (a) of this section, the governor may 29 consider licensed naturopaths who have been nominated by the Alaska Association of 30 Naturopathic Physicians. 31 (f) In the event of the death, resignation, or removal of a member, the vacancy
01 shall be filled for the unexpired portion of the term in the same manner as the original 02 appointment. 03 Sec. 08.45.005. Duties of the board. (a) The board shall 04 (1) establish a list of prescription drugs and medical devices that are 05 consistent with naturopathic education and practice that may be prescribed and 06 administered by a naturopath holding a prescription endorsement, and review the list 07 of prescription drugs and medical devices annually and on request by the department; 08 (2) review allegations of misconduct involving naturopaths licensed 09 under this chapter or persons claiming to be naturopaths; 10 (3) approve naturopathic medical programs; 11 (4) implement the continuing education requirement of 12 AS 08.45.056(d); and 13 (5) adopt regulations necessary to implement this chapter in a manner 14 that protects public health. 15 (b) The board may 16 (1) conduct hearings on charges of alleged violations of this chapter or 17 regulations adopted under this chapter; 18 (2) invoke, or request the department to invoke, disciplinary action 19 against a licensee. 20 * Sec. 4. AS 08.45.030 is amended to read: 21 Sec. 08.45.030. Issuance of license. The board shall request the department 22 to [SHALL] issue a license to practice naturopathy to an applicant who provides proof 23 satisfactory to the board [DEPARTMENT] that the applicant has received a degree 24 from an accredited four-year college or university, has paid the applicable fees, and 25 (1) on or before December 31, 1987, has graduated from a school of 26 naturopathy that required four years of attendance at the school and after graduation 27 has received a license in another state after passing an examination for licensure in 28 that state and is licensed by a state at the time of application; or 29 (2) after December 31, 1987, has 30 (A) graduated from a school of naturopathy that required four 31 years of attendance at the school and at the time of graduation the school was
01 accredited or a candidate for accreditation by the Council on Naturopathic 02 Medical Education or a successor organization recognized by the United States 03 Department of Education; and 04 (B) passed the Naturopathic Physicians Licensing Examination. 05 * Sec. 5. AS 08.45.035(a) is amended to read: 06 (a) The board shall request the department to [SHALL] issue a temporary 07 license to practice naturopathy to an applicant who has applied for and is qualified to 08 take the next Naturopathic Physicians Licensing Examination offered after the date of 09 application and provides proof satisfactory to the board [DEPARTMENT] that the 10 applicant 11 (1) has paid the applicable fees; 12 (2) meets the requirements of AS 08.45.030(2)(A); and 13 (3) [(2)] has not previously failed the Naturopathic Physicians 14 Licensing Examination. 15 * Sec. 6. AS 08.45 is amended by adding a new section to read: 16 Sec. 08.45.045. Scope of practice as a naturopath. (a) A naturopath may 17 (1) use physical examinations consistent with naturopathic medical 18 education and training for diagnostic purposes; and 19 (2) perform and administer therapies consistent with naturopathic 20 medical education and training. 21 (b) A naturopath who has practiced naturopathy for at least five years may 22 (1) order or conduct medical imaging and laboratory examinations 23 consistent with naturopathic medical education and training; 24 (2) under a prescription endorsement issued under AS 08.45.056, 25 administer and prescribe prescription drugs and medical devices as approved for use 26 by naturopaths by the board; and 27 (3) subject to (c) of this section, perform minor surgery. 28 (c) Minor surgery may be performed by a naturopath licensed under this 29 chapter only if the naturopath has submitted proof satisfactory to the board that the 30 naturopath has completed at least 1,200 hours of training in minor surgery under the 31 supervision of a licensed physician, physician's assistant, or nurse practitioner.
01 * Sec. 7. AS 08.45.050 is amended to read: 02 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 03 practices naturopathy may not 04 (1) except as authorized under AS 08.45.056, give, prescribe, or 05 recommend in the practice 06 (A) a prescription drug; 07 (B) a controlled substance; 08 (C) a poison; 09 (2) engage in surgery, except minor surgery as authorized under 10 AS 08.45.045(b) and (c); 11 (3) use the word "physician" in the person's title; 12 (4) use general or spinal anesthetics; or 13 (5) administer ionizing radioactive substances for therapeutic 14 purposes. 15 * Sec. 8. AS 08.45 is amended by adding new sections to read: 16 Sec. 08.45.056. Prescription endorsement. (a) The board shall request the 17 department to issue a prescription endorsement to a naturopath licensed under this 18 chapter who has practiced naturopathy for five years, who is qualified under 19 AS 08.45.045(b), and who has submitted proof satisfactory to the board that the 20 naturopath has 21 (1) successfully completed at least 60 hours of education from a 22 program approved by the board; 23 (2) met other requirements establishing proof of competency and 24 professional qualifications that the board considers necessary to ensure the continued 25 protection of the public; and 26 (3) obtained the appropriate registration issued by the Federal Drug 27 Enforcement Administration. 28 (b) An endorsement issued under (a) of this section authorizes the licensee to 29 prescribe and administer prescription drugs and medical devices that are on the 30 formulary approved by the department under AS 08.45.005. 31 (c) An endorsement issued under (a) of this section is valid for two years
01 unless revoked or suspended by the department. 02 (d) The department may not renew an endorsement issued under (a) of this 03 section unless the licensee submits proof satisfactory to the board that the licensee has 04 completed at least 15 hours of pharmaceutical education in each of the past two years. 05 * Sec. 9. AS 08.45.100 is amended to read: 06 Sec. 08.45.100. Regulations. The board and the department 07 [DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC 08 DEVELOPMENT] shall adopt regulations to implement this chapter. 09 * Sec. 10. AS 08.45 is amended by adding a new section to read: 10 Sec. 08.45.110. Fees. The department shall set fees under AS 08.01.065 for 11 each of the following: 12 (1) a license issued under this chapter; 13 (2) a temporary license issued under this chapter; 14 (3) renewal of a license issued under this chapter; 15 (4) a prescription endorsement issued under this chapter. 16 * Sec. 11. AS 08.45.200 is amended by adding new paragraphs to read: 17 (4) "board" means the Alaska Naturopathic Board established under 18 this chapter; 19 (5) "minor surgery" 20 (A) means the use of 21 (i) operative, electrical, or other methods for surgical 22 repair and care incidental to superficial lacerations and abrasions or 23 superficial lesions and the removal of foreign bodies located in 24 superficial tissues; and 25 (ii) antiseptics and local anesthetics in connection with 26 methods authorized under (i) of this subparagraph; 27 (B) does not include use of general or spinal anesthetics, 28 surgery of the body cavities, or specialized surgery, such as plastic surgery, 29 surgery involving the eyes, or surgery involving tendons, ligaments, nerves, or 30 blood vessels; 31 * Sec. 12. AS 08.80.400 is amended to read:
01 Sec. 08.80.400. Other licensees not affected. This chapter does not affect the 02 practice of medicine by a licensed medical doctor and does not limit a licensed 03 medical doctor, osteopath, podiatrist, physician assistant, advanced nurse practitioner, 04 dentist, veterinarian, dispensing optician, naturopath, or optometrist in supplying a 05 patient with any medicinal preparation or article within the scope of the person's 06 license. 07 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 10 Economic Development may proceed to adopt regulations necessary to implement the 11 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 12 Procedure Act), but not before the effective date under sec. 16 of this Act. 13 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITIONAL PROVISIONS. Notwithstanding AS 08.45.003, as enacted in sec. 3 16 of this Act, the terms of the first members of the Alaska Naturopathic Board appointed by the 17 governor are as follows: (1) the licensed physician member, one licensed naturopath member, 18 and one public member shall be appointed for two-year terms; (2) the licensed pharmacist 19 member and one licensed naturopath member shall be appointed for three-year terms; and (3) 20 one licensed naturopath member and one public member shall be appointed for one-year 21 terms. The board shall specify the term of office of each licensed naturopath and public 22 member appointed subject to this section. 23 * Sec. 15. Section 13 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect July 1, 2009.