SB 193: "An Act relating to the practice of naturopathy."
00 SENATE BILL NO. 193 01 "An Act relating to the practice of naturopathy." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.45 is amended by adding new sections to read: 04 Sec. 08.45.033. Issuance of temporary endorsement. (a) The department 05 shall issue a temporary endorsement to a naturopath licensed under this chapter if the 06 licensee pays the application fee and furnishes evidence satisfactory to the department 07 that the licensee 08 (1) passed the elective pharmacology examination portion of the 09 Naturopathic Physicians Licensing Examination or another equivalent examination 10 approved by the department; and 11 (2) meets other applicable requirements established by the department 12 in regulation. 13 (b) A naturopath who holds a valid temporary endorsement issued under (a) of 14 this section and is supervised as required under (c) of this section may prescribe and 15 administer prescription drugs for preventive and therapeutic purposes, except as
01 provided in AS 08.45.050. 02 (c) A supervising physician shall review the prescription and administration of 03 drugs performed under (b) of this section by a naturopath holding a temporary 04 endorsement. The supervising physician shall evaluate and provide feedback to the 05 naturopath on the naturopath's ability to prescribe and administer drugs under (b) of 06 this section safely and in compliance with the law. 07 (d) A physician who holds a valid license under AS 08.64 may supervise a 08 naturopath under (c) of this section if the physician 09 (1) has been prescribing and administering prescription drugs for five 10 or more years; and 11 (2) documents the arrangement between the physician and the 12 naturopath on a form established by the department in regulation. 13 (e) Unless additional supervision is required by the department, after a 14 naturopath has been supervised under (c) of this section for one year, the supervising 15 physician shall submit a report to the department recommending that the department 16 issue an endorsement to the naturopath, require the naturopath to receive further 17 supervision, or deny the naturopath an endorsement. A temporary endorsement 18 terminates on the date the naturopath is issued or denied an endorsement under 19 AS 08.45.034. 20 Sec. 08.45.034. Issuance of endorsement. (a) Upon receiving a 21 recommendation that a naturopath be issued or denied an endorsement under 22 AS 08.45.033(e), the department shall issue or deny an endorsement to a naturopath 23 licensed under this chapter. Upon receiving a recommendation that a naturopath 24 requires further supervision under AS 08.45.033(e), the department may issue or deny 25 an endorsement to a naturopath licensed under this chapter or require the naturopath to 26 receive further supervision. 27 (b) A naturopath licensed under this chapter who holds a valid endorsement 28 issued under this section may prescribe and administer prescription drugs for 29 preventive and therapeutic purposes, except as provided in AS 08.45.050. 30 * Sec. 2. AS 08.45 is amended by adding new sections to read: 31 Sec. 08.45.037. Continuing education requirements. (a) The department
01 shall promote a high degree of competence in the practice of naturopathy in the state 02 by requiring every naturopath licensed under this chapter to fulfill continuing 03 education requirements. 04 (b) Before a license may be renewed, a naturopath licensed under this chapter 05 shall complete continuing education requirements prescribed by regulations adopted 06 by the department. Continuing education requirements must be completed during the 07 concluding licensing period and include 30 hours of continuing education approved by 08 the department. 09 (c) Before an endorsement under AS 08.45.033 or 08.45.034 may be renewed 10 with a license under (b) of this section, the naturopath holding the endorsement shall 11 complete an additional 20 hours of continuing education on the subject of 12 pharmacotherapy during the concluding licensing period. 13 (d) The department may exempt a naturopath licensed under this chapter from 14 the requirements of (b) or (c) of this section upon an application by the naturopath 15 giving evidence satisfactory to the department that the naturopath is unable to comply 16 with the requirements because of extenuating circumstances. However, the department 17 may not exempt a naturopath from more than 15 hours of continuing education in a 18 four-year period. 19 Sec. 08.45.038. Standards for license or endorsement renewal. (a) The 20 department shall renew a license issued under this chapter to a licensee who 21 (1) applies on a form provided by the department and pays the required 22 fee; 23 (2) meets the continuing education requirements for the license 24 established under AS 08.45.037; 25 (3) has not been convicted of, or pled guilty or no contest to, a crime 26 that adversely reflects on the licensee's ability or competency to practice as a 27 naturopath or that jeopardizes the safety or well-being of a patient; and 28 (4) has a current cardiopulmonary resuscitation certification. 29 (b) The department shall renew an endorsement issued under AS 08.45.033 or 30 08.45.034 to a licensee who 31 (1) applies for the renewal of a license under (a) of this section; and
01 (2) meets the continuing education requirements for the endorsement 02 established under AS 08.45.037. 03 Sec. 08.45.039. Standards for license reinstatement. (a) The department may 04 reinstate a license under this chapter if 05 (1) the requirements for a license renewal under AS 08.45.038(a)(1), 06 (3), and (4) have been met; 07 (2) the applicant has met the continuing education requirements for a 08 license established under AS 08.45.037 during the 24-month period preceding the 09 application for reinstatement; and 10 (3) the license has been lapsed for more than 60 days but less than five 11 years. 12 (b) The department may reinstate an endorsement issued under AS 08.45.033 13 or 08.45.034 if 14 (1) the applicant 15 (A) has a valid license under this chapter, applies on a form 16 provided by the department, and pays the required fee; or 17 (B) meets the requirements for reinstatement of the license 18 under (a) of this section; 19 (2) the applicant has met the continuing education requirements for the 20 endorsement established under AS 08.45.037 during the 24-month period preceding 21 the application for reinstatement; and 22 (3) the endorsement has been lapsed for more than 60 days but less 23 than five years. 24 * Sec. 3. AS 08.45.050 is amended to read: 25 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 26 practices naturopathy may not 27 (1) give, prescribe, or recommend in the practice 28 (A) a prescription drug, except as authorized by an 29 endorsement issued under AS 08.45.033 or 08.45.034; 30 (B) a controlled substance; 31 (C) a poison;
01 (D) a cancer chemotherapeutic drug; or 02 (E) an antipsychotic drug; 03 (2) engage in surgery; 04 (3) use the word "physician" in the person's title; 05 (4) administer therapeutic ionizing radiation or radioactive 06 substances. 07 * Sec. 4. AS 08.45.060 is amended to read: 08 Sec. 08.45.060. Grounds for disciplinary sanctions [SUSPENSION, 09 REVOCATION, OR REFUSAL TO ISSUE A LICENSE]. The department may, 10 after a hearing, impose a disciplinary sanction on a person licensed under this chapter 11 when the department finds that the licensee 12 (1) secured a license or endorsement through deceit, fraud, or 13 intentional misrepresentation; 14 (2) engaged in deceit, fraud, or intentional misrepresentation in the 15 course of providing professional services or engaging in professional activities; 16 (3) advertised professional services in a false or misleading manner; 17 (4) has been convicted of a felony or other crime that affects the 18 licensee's ability to continue to practice competently and safely; 19 (5) failed to comply with this chapter, with a regulation adopted under 20 this chapter, or with an order of the department; 21 (6) continued to practice after becoming unfit due to 22 (A) professional incompetence; 23 (B) addiction or severe dependency on alcohol or a drug that 24 impairs the licensee's ability to practice safely; 25 (C) physical or mental disability; 26 (7) engaged in lewd or immoral conduct in connection with the 27 delivery of professional service to patients. 28 * Sec. 5. AS 08.45.070(a) is amended to read: 29 (a) When the department [IT] finds that a licensee under this chapter has 30 violated AS 08.45.040 - 08.45.050 or is guilty of an offense under AS 08.45.060, the 31 department may impose the following sanctions singly or in combination:
01 (1) permanently revoke the license to practice or endorsement held 02 by the licensee; 03 (2) suspend the license to practice or endorsement held by the 04 licensee for a determinate period of time; 05 (3) censure the licensee; 06 (4) issue a letter of reprimand to the licensee; 07 (5) place the licensee on probationary status and require the licensee to 08 (A) report regularly to the department on [UPON] matters 09 involving the basis of probation; 10 (B) limit practice to those areas prescribed; 11 (C) continue professional education until a satisfactory degree 12 of skill has been attained in areas determined by the department to need 13 improvement; 14 (6) impose limitations or conditions on the practice of the licensee. 15 * Sec. 6. AS 08.45.070(c) is amended to read: 16 (c) The department may summarily suspend a license or endorsement before 17 final hearing or during the appeals process if the department finds that the licensee 18 poses a clear and immediate danger to the public health and safety if the licensee 19 continues to practice. A licensee whose license or endorsement is suspended under 20 this section is entitled to a hearing conducted by the office of administrative hearings 21 (AS 44.64.010) not later than seven days after the effective date of the order. The 22 licensee may appeal the suspension after a hearing to a court of competent jurisdiction. 23 * Sec. 7. AS 08.45.080 is amended to read: 24 Sec. 08.45.080. Unlicensed or unendorsed practice a misdemeanor. Except 25 for a person licensed or authorized under another chapter of this title who 26 engages in practices for which that person is licensed or authorized under that 27 chapter, a [A] person who practices naturopathy in the state without a valid license or 28 who prescribes or administers drugs without a valid endorsement under 29 AS 08.45.033 or 08.45.034 [IN VIOLATION OF AS 08.45.010] is guilty of a class A 30 misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or 31 by imprisonment for not more than a year, or by both.
01 * Sec. 8. AS 08.45.090 is amended to read: 02 Sec. 08.45.090. Fraudulent license or endorsement. A person who obtains or 03 attempts to obtain a naturopathic license or endorsement by dishonest or fraudulent 04 means or who forges, counterfeits, or fraudulently alters a naturopathic license or 05 endorsement is punishable by a fine of not more than $500, or by imprisonment for 06 not more than six months, or by both.