SB 70: "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; and providing for an effective date."
00 SENATE BILL NO. 70 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; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.010(26) is amended to read: 06 (26) Alaska Naturopathic Medical Board (AS 08.45.003) 07 [REGULATION OF THE PRACTICE OF NATUROPATHY UNDER AS 08.45]; 08 * Sec. 2. AS 08.01.050(d) is amended to read: 09 (d) At the request of one of the following boards, the department may contract 10 with public agencies and private professional organizations to provide assistance and 11 treatment to persons licensed by the board who abuse alcohol, other drugs, or other 12 substances: 13 (1) Board of Social Work Examiners; 14 (2) Board of Dental Examiners;
01 (3) [REPEALED 02 (4)] State Medical Board; 03 (4) [(5)] Board of Nursing; 04 (5) [(6)] Board of Examiners in Optometry; 05 (6) [(7)] Board of Pharmacy; 06 (7) [(8)] State Physical Therapy and Occupational Therapy Board; 07 (8) [(9)] Board of Professional Counselors; 08 (9) [(10)] Board of Psychologist and Psychological Associate 09 Examiners; 10 (10) [(11)] Board of Veterinary Examiners; 11 (11) [AND (12)] Board of Marital and Family Therapy; and 12 (12) the Alaska Naturopathic Medical Board. 13 * Sec. 3. AS 08.45 is amended by adding new sections to read: 14 Sec. 08.45.003. Board created; organization. (a) There is created the Alaska 15 Naturopathic Medical Board. The board consists of five members appointed by the 16 governor. Three members shall be naturopaths licensed under this chapter who have 17 been engaged in the practice of naturopathic medicine in the state for at least five 18 years immediately preceding appointment, at least one of whom lives outside the third 19 judicial district. One member shall be a licensed pharmacist. One member shall be a 20 public member who may be a licensed physician. 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) Notwithstanding AS 08.01.035, members of the board serve staggered 25 terms of three years unless removed by the governor for neglect of duty or other just 26 cause. 27 (d) Three members of the board constitute a quorum for the transaction of all 28 business properly before the board. 29 (e) When appointing naturopaths under (a) of this section, the governor may 30 consider licensed naturopaths who have been nominated by the Alaska Association of 31 Naturopathic Physicians.
01 (f) In the event of the death, resignation, or removal of a member, the vacancy 02 shall be filled for the unexpired portion of the term in the same manner as the original 03 appointment. 04 Sec. 08.45.005. Duties of the board. The board shall 05 (1) establish a list of prescription drugs, vaccinations, hormones, and 06 medical devices that are consistent with naturopathic education and practice that may 07 be prescribed and administered by a naturopath holding a prescription endorsement, 08 and review the list of prescription drugs, vaccinations, hormones, and medical devices 09 annually and on request by the department; 10 (2) approve naturopathic medical programs; 11 (3) implement the continuing education requirements of 12 AS 08.45.056(d) and 08.45.058; and 13 (4) adopt regulations necessary to implement this chapter in a manner 14 that protects public health. 15 * Sec. 4. AS 08.45.030 is amended to read: 16 Sec. 08.45.030. Issuance of license. The board shall request that the 17 department [SHALL] issue, and the department may issue, a license to practice 18 naturopathy to an applicant who provides proof satisfactory to the board 19 [DEPARTMENT] that the applicant has received a degree from an accredited four- 20 year college or university, has paid the applicable fees, and 21 (1) on or before December 31, 1987, has graduated from a school of 22 naturopathy that required four years of attendance at the school and after graduation 23 has received a license in another state after passing an examination for licensure in 24 that state and is licensed by a state at the time of application; or 25 (2) after December 31, 1987, has 26 (A) graduated from a school of naturopathy that required four 27 years of attendance at the school and at the time of graduation the school was 28 accredited or a candidate for accreditation by the Council on Naturopathic 29 Medical Education or a successor organization recognized by the United States 30 Department of Education; and 31 (B) passed the Naturopathic Physicians Licensing Examination.
01 * Sec. 5. AS 08.45.035(a) is amended to read: 02 (a) The board shall request that the department [SHALL] issue, and the 03 department may issue, a temporary license to practice naturopathy to an applicant 04 who has applied for and is qualified to take the next Naturopathic Physicians 05 Licensing Examination offered after the date of application and provides proof 06 satisfactory to the board [DEPARTMENT] that the applicant 07 (1) has paid the applicable fees; 08 (2) meets the requirements of AS 08.45.030(2)(A); and 09 (3) [(2)] has not previously failed the Naturopathic Physicians 10 Licensing Examination. 11 * Sec. 6. AS 08.45 is amended by adding a new section to read: 12 Sec. 08.45.045. Scope of practice as a naturopath. A naturopath may 13 (1) use physical examinations consistent with naturopathic medical 14 education and training for diagnostic purposes; 15 (2) perform and administer therapies consistent with naturopathic 16 medical education and training, including intravenous delivery of dietetic substances; 17 (3) order or conduct medical imaging and laboratory examinations 18 consistent with naturopathic medical education and training; 19 (4) perform preemployment, school, and workplace health 20 examinations; 21 (5) perform minor surgery; in this paragraph, "minor surgery" 22 (A) means the use of 23 (i) operative, electrical, or other methods for surgical 24 repair and care incidental to superficial lacerations and abrasions or 25 superficial lesions and the removal of foreign bodies located in 26 superficial tissues; and 27 (ii) antiseptics and local anesthetics in connection with 28 methods authorized under (i) of this subparagraph; 29 (B) does not include use of general or spinal anesthetics, 30 surgery of the body cavities, or specialized surgery, such as plastic surgery, 31 surgery involving the eyes, or surgery involving tendons, ligaments, nerves, or
01 blood vessels; and 02 (6) under a prescription endorsement issued under AS 08.45.056, 03 administer and prescribe prescription drugs, vaccinations, hormones, and medical 04 devices as approved by the board for use by naturopaths. 05 * Sec. 7. AS 08.45.050 is amended to read: 06 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 07 practices naturopathy may not 08 (1) except as authorized under AS 08.45.056, give, prescribe, or 09 recommend in the practice 10 (A) a prescription drug, vaccination, or hormone; 11 (B) a controlled substance; 12 (C) a poison; 13 (2) engage in surgery, except minor surgery as authorized under 14 AS 08.45.045; 15 (3) use the word "physician" in the person's title; 16 (4) use general or spinal anesthetics; or 17 (5) administer ionizing radioactive substances for therapeutic 18 purposes. 19 * Sec. 8. AS 08.45 is amended by adding new sections to read: 20 Sec. 08.45.056. Prescription endorsement. (a) The board shall request that 21 the department issue, and the department may issue, a prescription endorsement to a 22 naturopath licensed under this chapter who has practiced naturopathy for five years 23 and who has submitted proof satisfactory to the board that the naturopath has 24 (1) successfully completed at least 60 hours of education from a 25 program approved by the board; 26 (2) met other requirements relating to the administration and 27 prescription of drugs, vaccinations, hormones, and medical devices that the board 28 considers necessary to ensure the protection of the public health; and 29 (3) obtained the appropriate registration issued by the Federal Drug 30 Enforcement Administration. 31 (b) An endorsement issued under (a) of this section authorizes the licensee to
01 prescribe and administer prescription drugs, vaccinations, hormones, and medical 02 devices that are on the formulary approved by the department under AS 08.45.005. 03 (c) An endorsement issued under (a) of this section is valid for two years 04 unless revoked or suspended by the department. 05 (d) The department may not renew an endorsement issued under (a) of this 06 section unless the licensee submits proof satisfactory to the board that the licensee has 07 completed at least 15 hours of pharmaceutical education in each of the past two years. 08 Sec. 08.45.058. Continuing education requirements. (a) A person licensed to 09 practice naturopathy under AS 08.45.030 shall complete and submit to the board 10 evidence of at least 35 hours of continuing education for each biennial license period. 11 The 35 hours of continuing education must be in training programs approved by the 12 board. 13 (b) The department shall publish, on a regular basis, a listing of training 14 programs that may be used to satisfy the continuing education requirements of this 15 section. 16 * Sec. 9. AS 08.45.100 is amended to read: 17 Sec. 08.45.100. Regulations. The board and the department 18 [DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC 19 DEVELOPMENT] shall adopt regulations to implement this chapter. 20 * Sec. 10. AS 08.45 is amended by adding a new section to read: 21 Sec. 08.45.110. Fees. The department shall set fees under AS 08.01.065 for 22 each of the following: 23 (1) a license issued under this chapter; 24 (2) a temporary license issued under this chapter; 25 (3) renewal of a license issued under this chapter; 26 (4) a prescription endorsement issued under this chapter. 27 * Sec. 11. AS 08.45.200 is amended by adding, a new paragraph to read: 28 (4) "board" means the Alaska Naturopathic Medical Board established 29 under this chapter. 30 * Sec. 12. AS 08.80.400 is amended to read: 31 Sec. 08.80.400. Other licensees not affected. This chapter does not affect the
01 practice of medicine by a licensed medical doctor and does not limit a licensed 02 medical doctor, osteopath, podiatrist, physician assistant, advanced nurse practitioner, 03 dentist, veterinarian, dispensing optician, naturopath, or optometrist in supplying a 04 patient with any medicinal preparation or article within the scope of the person's 05 license. 06 * Sec. 13. AS 47.07.030(b) is amended to read: 07 (b) In addition to the mandatory services specified in (a) of this section and the 08 services provided under (d) of this section, the department may offer only the 09 following optional services: case management and nutrition services for pregnant 10 women; personal care services in a recipient's home; emergency hospital services; 11 long-term care noninstitutional services; medical supplies and equipment; advanced 12 nurse practitioner services; naturopathic services; clinic services; rehabilitative 13 services for children eligible for services under AS 47.07.063, substance abusers, and 14 emotionally disturbed or chronically mentally ill adults; targeted case management 15 services; inpatient psychiatric facility services for individuals age 65 or older and 16 individuals under age 21; psychologists' services; clinical social workers' services; 17 midwife services; prescribed drugs; physical therapy; occupational therapy; 18 chiropractic services; low-dose mammography screening, as defined in 19 AS 21.42.375(e); hospice care; treatment of speech, hearing, and language disorders; 20 adult dental services; prosthetic devices and eyeglasses; optometrists' services; 21 intermediate care facility services, including intermediate care facility services for the 22 mentally retarded; skilled nursing facility services for individuals under age 21; and 23 reasonable transportation to and from the point of medical care. 24 * Sec. 14. AS 47.07.900 is amended by adding a new paragraph to read: 25 (20) "naturopathic services" means services that are furnished by a 26 person who is licensed to practice naturopathy under AS 08.45.030 or 08.45.035 and 27 that are within the person's scope of practice under AS 08.45.045. 28 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 31 Economic Development may proceed to adopt regulations necessary to implement the
01 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 02 Procedure Act), but not before the effective date under sec. 19 of this Act. 03 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITIONAL PROVISIONS APPLICABLE TO ALASKA NATUROPATHIC 06 MEDICAL BOARD. Notwithstanding AS 08.45.003, as enacted in sec. 3 of this Act, the 07 terms of the first members of the Alaska Naturopathic Medical Board appointed by the 08 governor are as follows: (1) one licensed naturopath member and the public member shall be 09 appointed for two-year terms; (2) the licensed pharmacist member and one licensed 10 naturopath member shall be appointed for three-year terms; and (3) one licensed naturopath 11 member shall be appointed for a one-year term. The governor shall specify the term of office 12 of each licensed naturopath member appointed subject to this section. 13 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITIONAL PROVISIONS AFFECTING EXISTING LICENSEES. 16 Notwithstanding AS 08.45.030, as amended by sec. 4 of this Act, and AS 08.45.035(a), as 17 amended by sec. 5 of this Act, 18 (1) a license issued under those provisions by the Department of Commerce, 19 Community, and Economic Development before the effective date of this section is valid for 20 the period issued until renewal under the provisions of this Act; and 21 (2) the Department of Commerce, Community, and Economic Development, 22 without prior approval of the Alaska Naturopathic Medical Board, may issue a license or 23 renew a license to practice naturopathy on or after the effective date of this section and until 24 the day before the effective date of the regulations initially adopted by the board setting out 25 procedures under which license applications and renewals are submitted for board review and 26 approval. 27 * Sec. 18. Section 15 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect July 1, 2009.