CSHB 282(HSS): "An Act relating to naturopaths and to the practice of naturopathy; establishing an Alaska Naturopathic Medical Board; authorizing medical assistance program coverage of naturopathic services; amending the definition of 'practice of medicine'; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 282(HSS) 01 "An Act relating to naturopaths and to the practice of naturopathy; establishing an 02 Alaska Naturopathic Medical Board; authorizing medical assistance program coverage 03 of naturopathic services; amending the definition of 'practice of medicine'; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.01.010(26) is amended to read: 07 (26) Alaska Naturopathic Medical Board (AS 08.45.003) 08 [REGULATION OF THE PRACTICE OF NATUROPATHY UNDER AS 08.45]; 09 * Sec. 2. AS 08.01.050(d) is amended to read: 10 (d) At the request of one of the following boards, the department may contract 11 with public agencies and private professional organizations to provide assistance and 12 treatment to persons licensed by the board who abuse alcohol, other drugs, or other 13 substances: 14 (1) Board of Social Work Examiners;
01 (2) Board of Dental Examiners; 02 (3) [REPEALED 03 (4)] State Medical Board; 04 (4) [(5)] Board of Nursing; 05 (5) [(6)] Board of Examiners in Optometry; 06 (6) [(7)] Board of Pharmacy; 07 (7) [(8)] State Physical Therapy and Occupational Therapy Board; 08 (8) [(9)] Board of Professional Counselors; 09 (9) [(10)] Board of Psychologist and Psychological Associate 10 Examiners; 11 (10) [(11)] Board of Veterinary Examiners; 12 (11) [AND (12)] Board of Marital and Family Therapy; and 13 (12) Alaska Naturopathic Medical Board. 14 * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 15 (23) Alaska Naturopathic Medical Board (AS 08.45.003) - June 30, 16 2015. 17 * Sec. 4. AS 08.45 is amended by adding new sections to read: 18 Sec. 08.45.003. Board created; organization. (a) There is created the Alaska 19 Naturopathic Medical Board. The board consists of seven members appointed by the 20 governor as follows: 21 (1) three members shall be naturopaths licensed under this chapter who 22 have been engaged in the practice of naturopathic medicine in the state for at least five 23 years immediately preceding appointment, at least one of whom lives outside the third 24 judicial district; 25 (2) one member shall be a licensed pharmacist; 26 (3) one member shall be a licensed physician; 27 (4) one member shall be a hospital administrator; and 28 (5) one member shall be a public member who may be a licensed 29 physician. 30 (b) The board shall select from among its members a chair and a secretary. 31 The board shall meet at least twice a year, and additional meetings shall be held on
01 request of the chair or on request of the department. 02 (c) Notwithstanding AS 08.01.035, members of the board serve staggered 03 terms of three years unless removed by the governor for neglect of duty or other just 04 cause. 05 (d) Four members of the board constitute a quorum for the transaction of all 06 business properly before the board. 07 (e) When appointing naturopaths under (a) of this section, the governor may 08 consider licensed naturopaths who have been nominated by the Alaska Association of 09 Naturopathic Physicians. 10 (f) In the event of the death, resignation, or removal of a member, the vacancy 11 shall be filled for the unexpired portion of the term in the same manner as the original 12 appointment. 13 Sec. 08.45.005. Duties of the board. The board shall 14 (1) approve naturopathic medical programs; 15 (2) implement the continuing education requirements of AS 08.45.058; 16 and 17 (3) adopt regulations necessary to implement this chapter in a manner 18 that protects public health, including regulations that define a physician-patient 19 relationship for purposes of AS 08.45.045(6). 20 * Sec. 5. AS 08.45.030 is amended to read: 21 Sec. 08.45.030. Issuance of license. The board shall request that the 22 department [SHALL] issue, and the department may issue, a license to practice 23 naturopathy to an applicant who provides proof satisfactory to the board 24 [DEPARTMENT] that the applicant has received a degree from an accredited four- 25 year college or university, has paid the applicable fees, and 26 (1) on or before December 31, 1987, has graduated from a school of 27 naturopathy that required four years of attendance at the school and after graduation 28 has received a license in another state after passing an examination for licensure in 29 that state and is licensed by a state at the time of application; or 30 (2) after December 31, 1987, has 31 (A) graduated from a school of naturopathy that required four
01 years of attendance at the school and at the time of graduation the school was 02 accredited or a candidate for accreditation by the Council on Naturopathic 03 Medical Education or a successor organization recognized by the United States 04 Department of Education; and 05 (B) passed the Naturopathic Physicians Licensing Examination. 06 * Sec. 6. AS 08.45.035(a) is amended to read: 07 (a) The board shall request that the department [SHALL] issue, and the 08 department may issue, a temporary license to practice naturopathy to an applicant 09 who has applied for and is qualified to take the next Naturopathic Physicians 10 Licensing Examination offered after the date of application and provides proof 11 satisfactory to the board [DEPARTMENT] that the applicant 12 (1) has paid the applicable fees; 13 (2) meets the requirements of AS 08.45.030(2)(A); and 14 (3) [(2)] has not previously failed the Naturopathic Physicians 15 Licensing Examination. 16 * Sec. 7. AS 08.45 is amended by adding a new section to read: 17 Sec. 08.45.045. Scope of practice as a naturopath. A naturopath may 18 (1) use physical examinations consistent with naturopathic medical 19 education and training for diagnostic purposes; 20 (2) perform and administer therapies consistent with naturopathic 21 medical education and training, including intravenous delivery of dietetic substances; 22 (3) order or conduct medical imaging and laboratory examinations 23 consistent with naturopathic medical education and training; 24 (4) perform preemployment, school, and workplace health 25 examinations; 26 (5) perform minor surgery; in this paragraph, "minor surgery" 27 (A) means the use of 28 (i) operative, electrical, or other methods for surgical 29 repair and care incidental to superficial lacerations and abrasions or 30 superficial lesions and the removal of foreign bodies located in 31 superficial tissues; and
01 (ii) antiseptics and local anesthetics in connection with 02 methods authorized under (i) of this subparagraph; 03 (B) does not include use of general or spinal anesthetics, 04 surgery of the body cavities, or specialized surgery, such as plastic surgery, 05 surgery involving the eyes, or surgery involving tendons, ligaments, nerves, or 06 blood vessels; and 07 (6) subject to AS 08.45.050, administer and prescribe prescription 08 drugs, vaccines, hormones, and medical devices for a person with whom the 09 naturopath has a physician-patient relationship as defined by the board in regulations, 10 except a naturopath may not administer or prescribe a schedule IA, IIA, IIIA, IVA, 11 VA, or VIA controlled substance under state law or a schedule I, II, III, IV, or V 12 controlled substance under federal law. 13 * Sec. 8. AS 08.45.050 is amended to read: 14 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 15 practices naturopathy may not 16 (1) give, prescribe, or recommend in the practice 17 (A) a prescription drug, vaccine, or hormone, except as 18 authorized under AS 08.45.045(6); 19 (B) a controlled substance; 20 (C) a poison; 21 (2) engage in surgery, except minor surgery as authorized under 22 AS 08.45.045; 23 (3) use general or spinal anesthetics; or 24 (4) administer ionizing radioactive substances for therapeutic 25 purposes [USE THE WORD "PHYSICIAN" IN THE PERSON'S TITLE]. 26 * Sec. 9. AS 08.45 is amended by adding a new section to read: 27 Sec. 08.45.058. Continuing education requirements. (a) For each biennial 28 license period, a person licensed to practice naturopathy under AS 08.45.030 shall 29 complete and submit to the board evidence of at least 35 hours of continuing 30 education, at least 15 of which are in pharmaceutical education. The 35 hours of 31 continuing education must be in training programs approved by the board.
01 (b) The department shall publish, on a regular basis, a listing of training 02 programs that may be used to satisfy the continuing education requirements of this 03 section. 04 * Sec. 10. AS 08.45.100 is amended to read: 05 Sec. 08.45.100. Regulations. The board and the department 06 [DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC 07 DEVELOPMENT] shall adopt regulations to implement this chapter. 08 * Sec. 11. AS 08.45 is amended by adding a new section to read: 09 Sec. 08.45.110. Fees. The department shall set fees under AS 08.01.065 for 10 each of the following: 11 (1) a license issued under this chapter; 12 (2) a temporary license issued under this chapter; 13 (3) renewal of a license issued under this chapter. 14 * Sec. 12. AS 08.45.200 is amended by adding, a new paragraph to read: 15 (4) "board" means the Alaska Naturopathic Medical Board established 16 under this chapter. 17 * Sec. 13. AS 08.64.380(6) is amended to read: 18 (6) "practice of medicine" or "practice of osteopathy" means: 19 (A) for a fee, donation or other consideration, to diagnose, 20 treat, operate on, prescribe for, or administer to, any human ailment, blemish, 21 deformity, disease, disfigurement, disorder, injury, or other mental or physical 22 condition; or to attempt to perform or represent that a person is authorized to 23 perform any of the acts set out in this subparagraph; 24 (B) to use or publicly display a title in connection with a 25 person's name, including "doctor of medicine," "physician," "M.D.," or "doctor 26 of osteopathic medicine" or "D.O.," unless the designation additionally 27 contains the word "naturopathy" or "naturopathic" in the title, or to use 28 or publicly display a specialist designation, such as [INCLUDING] 29 "surgeon," "dermatologist," or a similar title, in such a manner as to show that 30 the person is willing or qualified to diagnose or treat the sick or injured; 31 * Sec. 14. 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. 15. AS 47.07.030(b) is amended to read: 08 (b) In addition to the mandatory services specified in (a) of this section and the 09 services provided under (d) of this section, the department may offer only the 10 following optional services: case management and nutrition services for pregnant 11 women; personal care services in a recipient's home; emergency hospital services; 12 long-term care noninstitutional services; medical supplies and equipment; advanced 13 nurse practitioner services; naturopathic services; clinic services; rehabilitative 14 services for children eligible for services under AS 47.07.063, substance abusers, and 15 emotionally disturbed or chronically mentally ill adults; targeted case management 16 services; inpatient psychiatric facility services for individuals age 65 or older and 17 individuals under age 21; psychologists' services; clinical social workers' services; 18 midwife services; prescribed drugs; physical therapy; occupational therapy; 19 chiropractic services; low-dose mammography screening, as defined in 20 AS 21.42.375(e); hospice care; treatment of speech, hearing, and language disorders; 21 adult dental services; prosthetic devices and eyeglasses; optometrists' services; 22 intermediate care facility services, including intermediate care facility services for the 23 mentally retarded; skilled nursing facility services for individuals under age 21; and 24 reasonable transportation to and from the point of medical care. 25 * Sec. 16. AS 47.07.900 is amended by adding a new paragraph to read: 26 (20) "naturopathic services" means services that are furnished by a 27 person who is licensed to practice naturopathy under AS 08.45.030 or 08.45.035 and 28 that are within the person's scope of practice under AS 08.45.045. 29 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITION: REGULATIONS. The Department of Commerce, Community, and
01 Economic Development may proceed to adopt regulations necessary to implement the 02 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 03 Procedure Act), but not before the effective date under sec. 21 of this Act. 04 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITIONAL PROVISIONS APPLICABLE TO ALASKA NATUROPATHIC 07 MEDICAL BOARD. Notwithstanding AS 08.45.003, as enacted in sec. 4 of this Act, the 08 terms of the first members of the Alaska Naturopathic Medical Board appointed by the 09 governor are as follows: (1) one licensed naturopath member, the licensed pharmacist 10 member, and the physician member shall be appointed for three-year terms; (2) one licensed 11 naturopath member and the public member shall be appointed for two-year terms; and (3) one 12 licensed naturopath member and the hospital administrator member shall be appointed for a 13 one-year term. The governor shall specify the term of office of each licensed naturopath 14 member appointed subject to this section. 15 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITIONAL PROVISIONS AFFECTING EXISTING LICENSEES. 18 Notwithstanding AS 08.45.030, as amended by sec. 5 of this Act, and AS 08.45.035(a), as 19 amended by sec. 6 of this Act, 20 (1) a license issued under those provisions by the Department of Commerce, 21 Community, and Economic Development before the effective date of this section is valid for 22 the period issued until renewal under the provisions of this Act; and 23 (2) the Department of Commerce, Community, and Economic Development, 24 without prior approval of the Alaska Naturopathic Medical Board, may issue a license or 25 renew a license to practice naturopathy on or after the effective date of this section and until 26 the day before the effective date of the regulations initially adopted by the board setting out 27 procedures under which license applications and renewals are submitted for board review and 28 approval. 29 * Sec. 20. Section 17 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 21. Except as provided in sec. 20 of this Act, this Act takes effect July 1, 2010.