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.