Health Salon

Your Source for Cutting Edge Information in Alternative Health Care thats hard to find.




  • Subscribe

    • AddThis Feed Button

Links

Idaho has the Most Progressive Laws for HealthCare

4th March 2007 by Arrow Durfee Posted in Uncategorized

I was amazed a few years back when California passed The California Health Freedom Act. Now Idaho has one uped them! In this piece of legislature everyone is proctected and the outline defining ND (Naturopathic Doctor) and NMD (Naturopathic Medical Doctor) are clearly defined.

“Hugh?” Your sayin. Well, let me explain.

Naturopathic Doctors have been around for a vary long time. In fact they formed the ANA, the American Naturopathic Association quite a long while ago. These dedicated healthcare providers taught about the use of nutrition, vitamins, exercise, water, air and light, homeopathy, herbs and many other natural and known to be safe modalites to their clients. As forces mounted in the 1970′s and 80′s to provide training for “naturopathic” doctors institutions were established in the form of 4 year post graduated schools that bestowed the title of Naturopathic Doctor to their graduates. Unfortunately these schools have chosed to ignore the guidlines of the ANA and even worse they decided to take the tilte of Naturopathic Doctor and write it into their documents. Because they have been a stronger political force they have been able to usurp the title Naturopathic Doctor.

One of the main points of contention between the original Naturopathic Doctors and the newly formed Naturopathic Doctors from the new schools is the learning and administration of drugs. Yes! You read me right. Drugs, including narcotics, and psycho active drugs. These new Naturopathic Doctors, and I will now refer to them as Naturopathic Medical Doctors in accordance with Idaho Legistlation, come out of school with a prescription pad and can and do prescribe drugs routinely. HA! Bet you didn’t know that.

And some of those people who have gone to these new doctors seeking alternative treatment have at times walked away sorely dissappointed. They had spent their money for recommendations that they were not seeking, that being the use of drugs for a health condition that they had hoped to find a way to treat naturally, with natural substances. They could have done just as well going to an MD and their insurance would have likely covered the drug recommendations. Money down the drain.

I have been advised that Bastyr College in Seattle has received a $1,000,000 grant from Pfizer drug company. I do hope this is not true. I have searched for validation but I have not found any on the net. But I have received word from some that should know that it is true. So just for the sake of conversation, lets say that is could be true. How do you think that the reception of such a large sum of money from a drug company could influence a naturopath’s educational experience?

Do you think it would contribute to adherence of a natural philosophy? Do you think that it would uphold the tenent “First do no harm”?

Idaho has worked hard to separate the wheat from the chaff. You can read their legislation below. This document came though the hard work of many but particulary the work of Michele Morgan, a homeopath, who herself had suffered the pain, loss and insult bestowed by the legal system against her and her attempts to bring true healing to her community as she practiced Homeopathy in the State of Montana. After she was forced out of practice there she moved to Idaho and worked to develop this legislation that you are about to read. Thanks Michele for all that you do.

Members of the ANA, who are alive and well in Idaho, still take objection to this document even though it now legally protects their practice. They want the word Naturopath back and not associated with NMD at all. One suggestion was to call NMD’s simply, Alternative Medical Doctors. That’s what they really are. Its a more realistic title since many of them do not bother to teach or even practice true Naturopathy according to ANA representatives.

In my opinion the legislation is good. It allows for people to care for one another. It allows for freedom of choice and freedom to practice those things that nature and God intended us to share with out fear of litigation for the first time in many many years. And best of all it clearly defines what an NMD is and what a Naturopathic Doctor is and what you may expect when you go to spend your hard earned dollars for healthcare. It also introduces a new category of practitoner called Alternative Healthcare Practitioner. It especially gives a heads up to those who do not want to participate in, receive from or in any way support the drug industry.

This legislature allows for the free practice of herbology, homeopathy, massage and a multitude of other natural practice under the category of Natural Healthcare Service Provider

Those sections of particular interest I have boxed in with @@@@@@@
>>>>>>>>>>>>>>>>>>>>>>>>>>>>

IN THE SENATE

SENATE BILL NO. 1158, As Amended

BY STATE AFFAIRS COMMITTEE

AN ACT RELATING TO NATUROPATHIC PHYSICIANS; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 51, TITLE 54, IDAHO CODE, TO PROVIDE LEGISLATIVE
PURPOSE AND INTENT, TO DEFINE TERMS, TO PROVIDE WHEN A LICENSE IS REQUIRED, TO PROVIDE FOR SCOPE OF PRACTICE, TO PROVIDE FOR PROHIBITIONS, TO PROVIDE FOR EXEMPTIONS, TO PROVIDE FOR DISCLOSURE BY THOSE PROVIDING NATURAL HEALTH CARE SERVICES, TO CREATE A BOARD OF NATUROPATHIC MEDICAL EXAMINERS, TO PROVIDE POWERS AND DUTIES OF THE BOARD, TO ESTABLISH A NATUROPATHIC MEDICAL FORMULARY COUNCIL, TO PROVIDE FEES, TO PROVIDE QUALIFICATION FOR LICENSURE, TO PROVIDE LICENSE STANDARDS FOR OTHER JURISDICTION’S APPLICANTS, TO PROVIDE FOR AN INVESTIGATION, TO PROVIDE FOR A HEARING, TO PROVIDE FOR SUBPOENAS, TO PROVIDE DISCIPLINARY ACTION, TO PROVIDE FOR A LICENSE DENIAL OR REVOCATION PROCEDURE, TO PROVIDE FOR ENFORCEMENT PENALTIES AND TO PROVIDE SEVERABILITY; AND AMENDING SECTIONS
15 67-2601 AND 67-2602, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF NATUROPATHIC MEDICAL EXAMINERS.

Be It Enacted by the Legislature of the State of Idaho:

18 SECTION 5. That Title 54, Idaho Code, be, and the same is hereby amended
19 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
20 ter 51, Title 54, Idaho Code, and to read as follows:

CHAPTER 51
NATUROPATHIC PHYSICIANS LICENSING ACT

54-5101. LEGISLATIVE PURPOSE AND INTENT. It is the intent of the legislature to provide for state administrative supervision, licensure, regulation and disciplinary procedures, for every person practicing as a naturopathic physician and to require standards of practice and code of ethics as adopted by the board unless otherwise exempted herein. Legislative intent and findings. In enacting these provisions, it is the intent of the legislature that the central holdings of State v. Smith, 81 Idaho 103, 337 P.2d 938, are reinforced. To that end the legislature finds:
(1) The practice of medicine and surgery as regulated in chapter 18, title 54, Idaho Code, does not include all aspects of each and every brand of the entire healing arts.
(2) Insofar as the practice of medicine, chiropractic, osteopathy and other licensed healing disciplines also cover the practice of naturopathy.@@@@ Naturopathy is not limited to practice by those holding a license in the other regulated fields of healing.@@@@
@@@@(3) Insofar as naturopathy is not taught within the educational requirements for those licensed to practice medicine in Idaho, it cannot come within the all-inclusive field of medicine and surgery, and thus, those practicing naturopathy are not required to hold a license to practice medicine and surgery.@@@@
@@@@(4) The enactment of chapter 18, title 54, Idaho Code, by the legislature of the state of Idaho as it may regulate or be related to naturopathy does not require that a practitioner of naturopathy hold a license to practice medicine@@@@@
(5) The callings or professions of the practice of medicine, chiropractic, osteopathy, naturopathy and other licensed healing disciplines, although complementary, do differ materially from each other as callings or professions.
(6) While the physician and surgeon is authorized to treat the sick and afflicted by any and all methods and means, the naturopath and the chiropractor are limited in their treatment to employment of their particular systems.
@@@@(7) Naturopathy is a distinct system of the healing arts.@@@@@
(8) To the extent the system of the healing art known as naturopathy is limited to the use of a system of physical culture and drugless treatment by methods intended to stimulate or assist nature, or to the use of physical forces such as air, light, water, heat, massage and other similar material medica, it is not inherently injurious to the public health, safety or moralsand has no tendency in that direction and is therefore beyond the police power of the state.@@@@@

54-5102. DEFINITIONS. As used in this chapter, the following terms have the meanings as stated:
(1) “Approved naturopathic medical program” means a doctoral level program of supervised resident study in naturopathic medicine approved by the board.
(2) “Board” means the board of naturopathic medical examiners created pursuant to section 54-5108, Idaho Code.
(3) “Minor office procedures” means the methods for the repair and care incidental to superficial lacerations and abrasions, superficial lesions and the removal of foreign bodies located in the superficial tissues.
(4) “Naturopathic medical formulary” means the list of prescription medicines which naturopathic physicians use in the practice of their profession, as determined by the formulary council and reviewed by the board. (5) “Naturopathic medical formulary council” means that council comprised of members appointed pursuant to this chapter to determine and authorize the formulary list.
(6) “Naturopathic medicine” means a distinct and comprehensive system of primary health care practiced by naturopathic physicians for the prevention, diagnosis and treatment of human health conditions, injuries and diseases.
(7) “Naturopathic physician” and all titles defined in section 54-5103(2), Idaho Code, means a person authorized and licensed to practice naturopathic medicine under this chapter.
@@@@(8) “Natural health care services” means the broad domain of health care services and procedures, including diagnosis and treatment, which are permitted by Idaho law prior to the enactment of this chapter to be provided by a person who is not licensed, certified, or registered as a health care practitioner by the state of Idaho.@@@@@

54-5103. LICENSE REQUIRED.
(1) No person shall hold himself or herself out to others as a naturopathic PHYSICIAN without first applying for and receiving a license.
(2) A person holds himself or herself out to others as a naturopathic physician when the person adopts or uses any or all of the following designations: “naturopathic physician,” “physician of naturopathic medicine,” “physician of natural medicine,” “doctor of naturopathic medicine,” or its abbreviation “N.M.D.”
(3) The titles and terms in subsection (2) of this section identify naturopathic physicians and are restricted to describing and identifying licensed practitioners.@@@@ Nothing herein contained shall prohibit or restrict the right to use or employ the titles “doctor of naturopathy,” “naturopathic doctor,” or the designation “N.D.”@@@@

54-5104. SCOPE OF PRACTICE.
(1) Diagnostic procedures. A naturopathic physician may use physical and laboratory examinations consistent with naturopathic medical education and training for diagnostic purposes. A naturopathic physician may order and perform diagnostic and imaging tests consistent with naturopathic medical education and training. All diagnostic and imaging tests not consistent with naturopathic medical education and training, must be referred for performance and interpretation by an appropriately licensed health care professional.
(2) Naturopathic physicians are authorized to dispense, administer and prescribe prescription drugs and medical devices determined by the naturopathic medical formulary council, and authorized by the board.
(3) A naturopathic physician may perform minor office procedures pursuant to privileges authorized by the board.
(4) A naturopathic physician may perform those therapies as trained and educated and authorized by the board.

54-5105. PROHIBITIONS. A naturopathic physician shall not:
(1) Prescribe, dispense or administer any controlled substance or device identified under the controlled substance act, chapter 27, title 37, Idaho Code, or identified in the federal controlled substance act, 21 U.S.C. sections 801 through 971 (1988), as amended, except as authorized by this chapter;
(2) Perform surgical procedures except those minor office procedures authorized by this chapter;
(3) Practice or claim to practice as a medical doctor, osteopath, dentist, podiatrist, optometrist, psychologist, advanced practice professional, nurse, physician assistant, chiropractor, physical therapist, acupuncturist, or any other health care professional not authorized in this chapter unless licensed by the state of Idaho to do so;
(4) Use general or spinal anesthetics;
(5) Administer ionizing radioactive substances for therapeutic purposes;
(6) Perform surgical procedures using a laser device;
(7) Induce or perform an abortion;
(8) Perform surgical procedures involving the eye, ear, tendons, nerves, veins or arteries extending beyond superficial tissue;
(9) Treat any lesion suspicious of malignancy or requiring surgical removal. Lesions suspicious of malignancy or requiring surgical removal shall be referred to an appropriately licensed health care professional. Nothing in this chapter shall prohibit treatment of a person with suspicious or malignant lesions in conjunction with a physician licensed pursuant to chapter 18, title 54, Idaho Code.
(10) Perform chiropractic adjustments as defined in section 54-704, Idaho Code.
(11) Perform physical therapy as defined in section 54-2203, Idaho Code.

54-5106. EXEMPTIONS. This chapter is not intended to and does not prohibit, restrict or apply to:
(1) The practice of a profession by individuals who are licensed, certified or registered under other laws of this state and are performing services within the authorized scope of practice; or
(2) The practice of naturopathic medicine by an individual employed by the federal government while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States; or
(3) An individual rendering aid to a family member or in an emergency, when no fee or other consideration for the service is charged, received, expected or contemplated; or
(4) A person engaged in the sale of vitamins, health foods, over the counter homeopathic products, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited under state or federal law; or
(5) A person engaged in good faith for religious reasons as a matter of conscience; or
(6) The practice by a naturopathic physician duly licensed in another state, territory or the District of Columbia when that naturopathic physician is incidentally called into this state for consultation with a licensed physi-cian; or
(7) The practice of naturopathic medicine by students enrolled in an approved naturopathic medical program. Services shall be performed pursuant to a course of instruction or assignments from an instructor and under the supervision and observation of the instructor; or
@@@(8) Those who practice massage therapy; or
(9) The practice and providing of natural health care services by a person who is not licensed, certified or registered in this state as a healthcare professional or practitioner.@@@@

@@@@@54-5107. DISCLOSURE BY THOSE PROVIDING NATURAL HEALTH CARE SERVICES. @@

(1) Any person providing natural health care services who is not a naturopathic physician and who is advertising or charging a fee for those services, shall, prior to providing such services, disclose to the client in a clearly worded
statement: (a) The practitioner’s name, business address and telephone number;
(b) The nature of the natural health care services to be provided;
(c) That the practitioner is not an “M.D.,” “D.O.” or “N.M.D.”
(2) Before a practitioner provides natural health care services to a client for the first time, such practitioner must obtain a written acknowledgment from the client stating that he or she has been provided with the information described in this section. The client shall be provided with a copy of this written acknowledgment which must be maintained for two (2) years by the person providing the services. If the disclosure information changes, then the practitioner has a duty to repeat the disclosure if a client obtains services after the change.
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

54-5108. BOARD OF NATUROPATHIC MEDICAL EXAMINERS.

(1) There is hereby established in the department of self-governing agencies, bureau of occupational licenses, the board of naturopathic medical examiners.
(2) The board shall consist of five (5) members, four (4) of whom shall be licensed pursuant to this chapter and one (1) of whom shall be a member of the public with an interest in the rights of consumers of naturopathic physician services.
(3) One (1) member of the initial board shall be appointed for a one (1) year term of office, one (1) member of the initial board shall be appointed for a two (2) year term of office, one (1) member of the initial board shall
be appointed for a three (3) year term of office, one (1) member shall be appointed for a four (4) year term of office, and one (1) member of the initial board shall be appointed for a five (5) year term of office. Thereafter,
53 the term of office for each member shall be five (5) years.

16

(4) Appointments to the board shall be made by the governor from nominations received from the Idaho association of naturopathic physicians, who shall nominate persons qualified for each position to be filled.
(5) The four (4) members of the board who are naturopathic physicians shall be licensed pursuant to this chapter, practicing within the state of Idaho for the duration of their appointment and shall have been practitioners within the state of Idaho for a minimum of two (2) years immediately preceding appointment.
(6) The initial four (4) licensed naturopathic physician members of the board shall be persons with at least two (2) years of experience in the practice of naturopathic medicine who are eligible to become licensed pursuant to this chapter. In the event of death, resignation or removal of any member before the expiration of the term to which appointed, the vacancy shall be
14 filled for the unexpired portion of the term in the same manner as the original appointment.
(7) The governor may remove any member of the board for cause, prior to the expiration of the member’s term.
(8) The board, within thirty (30) days after its appointment, and at least annually thereafter, shall hold a meeting and elect a chairman. The board may hold additional meetings on the call of the chair or at the written request of any two (2) members of the board. The board may appoint such committees as it considers necessary to carry out its duties. A majority of the
board shall constitute a quorum.

54-5109. POWERS AND DUTIES OF THE BOARD. The board shall have the authority to:
(1) Determine the qualifications of persons applying for licensure pursuant to this chapter and define, by rule, the appropriate scope of naturopathic medicine in this state, provided however, that the scope of practice may not exceed that defined in section 54-5104, Idaho Code;
(2) Grant a special competency certificate for naturopathic childbirth attendance to those licensees who apply, provided that such applicant can document training and experience equal to or greater than that required by the rules of the Idaho board of nursing, pursuant to section 54-1404, Idaho Code. The applicant shall hold hospital privileges and perform such procedures
under the supervision of a physician licensed pursuant to chapter 18, title 54, Idaho Code;
(3) Establish special competency certification requirements for licensees as deemed necessary by action of the board;
(4) Adopt rules for the defined scope of practice for licensees;
(5) Hire and appoint employees, including an executive director, investigators, attorneys, consultants and independent hearing examiners;
(6) Adopt such rules as are necessary for the administration of this chapter, including standards of professional conduct;
(7) Conduct investigations and examinations and hold hearings;
(8) Collect fees and other funds as prescribed by this chapter;
(9) Provide a uniform, independently proctored and psychometrically valid examination for use in licensing naturopathic physicians, which will adequately test the applicant’s knowledge of naturopathic medicine, including the basic medical sciences and the diagnostic and therapeutic skill of license applicants.
(10) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes;
(11) Establish by rule examination standards for licensure and when those examinations will be provided;
(12) Establish a minimum amount and kind of continuing education to be required annually for each naturopathic physician seeking licensure renewal.

54-5110. NATUROPATHIC MEDICAL FORMULARY COUNCIL ESTABLISHED. There is hereby established a naturopathic medical formulary council, which is separate
and distinct from the board, to be composed of seven (7) members. Two (2) members shall be naturopathic physicians licensed under this chapter, appointed by the board of naturopathic medical examiners. Three (3) members shall be
pharmacists licensed under chapter 17, title 54, Idaho Code, appointed by the board of naturopathic medical examiners from a list of nominees provided by the Idaho state board of pharmacy. Two (2) members shall be physicians licensed under chapter 18, title 54, Idaho Code, appointed by the board of naturopathic medical examiners from a list of nominees provided by the Idaho
state board of medicine. The initial council shall be appointed as follows:
One (1) naturopathic physician shall be appointed for a one (1) year term; one
(1) physician licensed under chapter 18, title 54, Idaho Code, and one (1) pharmacist shall be appointed for a two (2) year term; and two (2) pharma-
17 cists, one (1) naturopathic physician and one (1) physician licensed under
chapter 18, title 54, Idaho Code, shall be appointed for a three (3) year
term. Thereafter, the term of office shall be three (3) years. A quorum shall consist of five (5) members and shall be required for any vote to be taken. Itshall be the duty of the naturopathic medical formulary council to establish a formulary for use by naturopathic physicians, and immediately upon adoption or revision of the formulary, the council shall transmit the approved formulary to the board, which shall adopt the formulary by temporary rule. The formulary will be reviewed annually by the council, or at any time at the request of the board. The formulary list may not go beyond the scope of prescription medicines and medical devices covered by approved naturopathic medical education and training and existing naturopathic medical formularies, or board-approved continuing education. The naturopathic medical formulary shall not include medicines and devices that are inconsistent with the training provided by approved naturopathic medical colleges. Nothing herein shall allow a naturopathic physician to dispense, administer or prescribe any prescription drug as defined in section 54-1705(27), Idaho Code, or medical device unless
such prescription drug or medical device is specifically included in the naturopathic medical formulary.

54-5111. FEES. (1) All fees received under the provisions of this chapter shall be paid to the department of self-governing agencies, bureau of occupational licenses, and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. In no case shall any salary, expense or other obligation of the board be charged against the general fund.
(2) The fee for licensure shall not exceed five hundred dollars ($500).

54-5112. QUALIFICATIONS FOR LICENSURE. To be eligible for a license to practice as a naturopathic physician in the state of Idaho, the applicant shall:
(1) Provide proof, on a form provided by the board, of completion of an approved naturopathic medical program approved by the board;
(2) Have passed a competency-based examination approved by the board covering basic medical sciences and the diagnostic and clinical sciences consistent with the education, training and practice of naturopathic medicine. Such examination shall include, but not be limited to, exams in anatomy, biochemistry, microbiology, immunology, pathology, physiology, naturopathic philosophy and principles, physical and clinical diagnosis, lab diagnosis, diagnostic imaging, botanical medicine, naturopathic physical medicine, and nutrition;
(3) Applicants may be required to sit for a personal interview by the board to specifically review the applicant’s qualifications, professional credentials, knowledge, and skills pertaining to the practice of naturopathic medicine;
(4) Possess a good, ethical and professional reputation;
(5) Be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation;
(6) Have never had a license to practice naturopathic medicine or other health care license, registration or certificate refused, revoked or suspended
by any other state or country for reasons that relate to the applicant’s ability to skillfully and safely practice naturopathic medicine, or other health care profession unless that license, registration or certification has been restored to good standing by that state or country;
(7) All licensed naturopathic physicians shall have on file with the
18 board a board-approved disclosure form stating the degrees, training, experience, credentials and the health care services they are board approved to provide;
(8) File a board-approved application and pay the licensing fees.

54-5113. LICENSE STANDARDS FOR OTHER JURISDICTION APPLICANTS.
The board shall establish by rule the standards for licensure of applicants licensed in another jurisdiction. However, the standards for endorsement of licensure shall not be less than those required for licensure in the state of Idaho.

54-5114. INVESTIGATION — HEARING — SUBPOENA.
(1) The board shall be empowered to investigate, or cause to be investigated, all complaints regarding any conduct prohibited by this chapter.
(2) The board may conduct hearings to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or to fulfill its responsibilities under this chapter as the board determines necessary.
(3) The board may subpoena witnesses, administer oaths in any hearing or disciplinary proceeding and compel, by subpoena duces tecum, the production of
papers and records.

54-5115. DISCIPLINARY ACTION.
The board may suspend, revoke or refuse to issue or renew a license on any of the following grounds:
38 (1) The employment of fraud or deceit in obtaining a license under this chapter or in connection with services rendered as a naturopathic physician;
(2) A legal finding of mental incompetence;
(3) Aiding or abetting a person, not duly licensed under this chapter, in claiming to be a naturopathic physician or in practicing naturopathic medicine;
(4) Any negligence, incompetence or misconduct in the performance of naturopathic medicine;
(5) Conviction of any crime involving moral turpitude or the entering of a plea of guilty or the finding of guilt by a jury or court of a commission of
a felony or a crime involving moral turpitude;
(6) Practicing as a naturopathic physician when physical or mental abili-ties are impaired by the use of controlled substances or other drugs, chemicals or alcohol;
(7) Failure of the individual practitioner to maintain his or her professional premises in a clean and sanitary condition;
(8) Any other good cause, relevant to qualifications to practice as a naturopathic physician. The board may not suspend, revoke or refuse to issue or renew a license based on the findings that a licensee’s practice is uncon-
ventional in the absence of demonstrable harm to a patient signed a waiver to the effect that the treatment or device is considered unconventional.

54-5116. LICENSE DENIAL OR REVOCATION PROCEDURE.
When the board proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for a hearing shall be pursuant to the provisions of
chapter 52, title 67, Idaho Code.

54-5117. ENFORCEMENT PENALTIES.

(1) Every person who knowingly holds himself or herself out as a naturopathic physician in this state without a license is guilty of a misdemeanor. A person convicted of a second or subsequent offense shall be guilty of a felony and shall be imprisoned in the state prison for a period not to exceed five (5) years, or shall be fined not more than ten thousand dollars ($10,000) or shall be punished by both such fine and imprisonment. Nothing herein contained shall regulate, restrict, or prohibit the practice of naturopathy or any naturopathic health care treatment, therapy, or modality, unregulated or permitted by law prior to July 1, 2005,except to the extent that such specific treatment, therapy, or modality, is enumerated herein and requires a license hereunder.
(2) Provided the board determines in good faith that a person is holding himself or herself out as a naturopathic physician in violation of this chapter, the board may seek an injunction, provided it has given thirty (30) days’ prior written notice to cease and desist against any person who does not comply with such notice and who holds himself or herself out as a naturopathic physician, in violation of this chapter and may, in the event a permanent injunction is entered against such person be entitled to all costs and fees incurred by the board in seeking the injunction.

54-5118. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

SECTION 6. That Section 67-2601, Idaho Code, be, and the same is hereby amended to read as follows:

67-2601. DEPARTMENT CREATED — ORGANIZATION — DIRECTOR — BUREAU OF OCCUPATIONAL LICENSES CREATED.
(1) There is hereby created the department of
self-governing agencies. The department shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government.
(2) The department shall consist of the following:
(a) Agricultural commodity commissions: Idaho apple commission, as provided by chapter 36, title 22, Idaho Code; Idaho bean commission, as provided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commission, as provided by chapter 35, title 22, Idaho Code; Idaho potato commission, as provided by chapter 12, mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
(b) Professional and occupational licensing boards: Idaho state board of certified public accountancy, as provided by chapter 2, title 54, Idaho
Code; board of acupuncture, as provided by chapter 47, title 54, Idaho Code; board of architectural examiners, as provided by chapter 3, title 54, Idaho Code; office of the state athletic director, as provided by
chapter 4, title 54, Idaho Code; board of barber examiners, as provided by chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho counselor licensing board, as provided by chapter 34, title 54, Idaho Code state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
state board of denturitry, as provided by chapter 33, title 54, Idaho Code; state board of engineering examiners, as provided by chapter 12, title 54, Idaho Code; state board for registration of professional geolo-
gists, as provided by chapter 28, title 54, Idaho Code; board of hearing aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code; Idaho state board of landscape architects, as provided by chapter 30,
title 54, Idaho Code; state board of medicine, as provided by chapter 18, title 54, Idaho Code, and its associated physical therapist advisory board, as provided by chapter 22, title 54, Idaho Code; state board of
morticians, as provided by chapter 11, title 54, Idaho Code; board of naturopathic medical examiners, as provided by chapter 51, title 54, Idaho Code; board of nurses, as provided by chapter 14, title 54, Idaho Code;
board of examiners of nursing home administrators, as provided by chapter 16, title 54, Idaho Code; state board of optometry, as provided by chapter15, title 54, Idaho Code; Idaho outfitters and guides board, as provided
by chapter 21, title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 54, Idaho Code; Idaho state board of psychologist examiners, as provided by chapter 23, title 54, Idaho Code; Idaho real estate commission, as provided by chapter 20, title 54, Idaho Code; real estate appraiser board, as provided by chapter 41, title 54, Idaho Code; board of
, Idaho Code.
(d) The division of building safety, to be headed by a division administrator and comprised of five (5) bureaus: plumbing, electrical, buildings, public works contractor licensing, and logging and industrial safety. The division administrator and bureau chiefs shall be nonclassified employees exempt from the provisions of chapter 53, title 67, Idaho Code. The administrator of the division shall administer the provisions of chapter 40, title 39, Idaho Code, relating to manufactured homes and recreational vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings; chapter 21, title 44, Idaho Code, relating to manufactured home dealer and installer licensing; chapter 10, title 54, Idaho Code, relating to electrical contractors and journeymen; chapter 19, title 54, Idaho Code, relating to licensing of public works contractors; chapter 26, title 54,

Idaho Code, relating to plumbing and plumbers; and shall perform such additional duties as are imposed upon him by law. The division administrator shall cooperate with the industrial commission and aid and assist the commission in its administration of sections 72-720, 72-721 and 72-723, Idaho Code, and at the request of the commission shall make inspection of appliances, tools, equipment, machinery, practices or conditions, and make
a written report to the commission. The administrator shall make recommendations to the commission to aid the commission in its administration of sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
nothing herein shall be construed as transferring to the administrator any of the authority or powers now vested in the industrial commission.
(e) The division of veterans services to be headed by a division administrator who shall be a nonclassified employee exempt from the provisions of chapter 53, title 67, Idaho Code. The administrator of the division shall
administer the provisions of chapter 2, title 65, Idaho Code, and chapter 9, title 66, Idaho Code, with the advice of the veterans affairs commis-sion established under chapter 2, title 65, Idaho Code, and shall perform such additional duties as are imposed upon him by law.
(3) The bureau of occupational licenses is hereby created within the department of self-governing agencies.

SECTION 7. That Section 67-2602, Idaho Code, be, and the same is hereby amended to read as follows:

23 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational licenses created in the department of self-governing agencies by section
25 67-2601, Idaho Code, shall be empowered, by written agreement between the bureau and each agency for which it provides administrative or other services
as provided by law, to provide such services for the board of acupuncture, board of architectural examiners, board of barber examiners, board of chiro-practic physicians, board of cosmetology, counselor licensing board, state board of denturitry, board of hearing aid dealers and fitters, board of land-scape architects, board of morticians, board of naturopathic medical examin-
ers, board of examiners of nursing home administrators, board of optometry, board of podiatrists, board of psychologist examiners, real estate appraiser board, board of examiners of residential care facility administrators, board of social work examiners, and such other professional and occupational licensing boards or commodity commissions as may request such services. The bureau
may charge a reasonable fee for such services provided any agency not other-wise provided for by law and shall maintain proper accounting methods for all
funds under its jurisdiction.
(2) Notwithstanding the statutes governing specific boards, for any board that contracts with the bureau of occupational licenses, each board member
shall hold office until a successor has been duly appointed and qualified.
(3) The department of self-governing agencies, by and through the bureau of occupational licenses, shall be empowered to provide administrative or other services for the administration of chapter 48, title 54, Idaho Code, to issue, suspend, revoke or refuse to renew certificates of registration, to issue subpoenas, to prescribe and impose fees and to assess administrative penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.

Statement of Purpose / Fiscal Impact

STATEMENT OF PURPOSE

RS 15040C1

There are a significantly growing number of residents in the State of Idaho who choose natural health care. The purpose of this legislation is to expand the health care options of Idahoans by licensing and setting standards of practice for Naturopathic Physicians, while clarifying who may practice natural health care and what titles they may use.

Sponsors: Sen. Robert Geddes
Rep. Sharon Block
Rep. Tom Loertscher

Contacts: Kris Ellis 250-3132
Larry Benton 461-2000
Chuck Lempesis 777-8815

Related Posts:

Comments are closed.