Bill Text: HI HB2312 | 2010 | Regular Session | Amended
Bill Title: Naturopathy; Medicine
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2010-03-03 - (S) Referred to HTH, CPN. [HB2312 Detail]
Download: Hawaii-2010-HB2312-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2312 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NATUROPATHIC MEDICINE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 455, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§455- Naturopathic formulary committee. (a) The department shall establish a naturopathic formulary committee that complies with the standards established by this section. The committee shall consist of seven members appointed by the director of commerce and consumer affairs, as follows:
(1) Two persons licensed as naturopathic physicians under this chapter;
(2) Three persons licensed as pharmacists under chapter 461; and
(3) Two persons licensed as physicians under chapter 453.
Each member shall serve until the member's successor is appointed and qualified. A majority of the members of the naturopathic formulary committee shall be employed in at least a half-time capacity as practitioners in the fields of their respective licensure during their tenure on the committee.
(b) The naturopathic formulary committee shall establish a naturopathic formulary for the practice of naturopathic medicine; provided that the committee shall develop standards for review that have been approved by a majority of the committee prior to establishing a naturopathic formulary. The naturopathic formulary committee shall meet at least once every two calendar years to review and update the naturopathic formulary. Naturopathic formularies established and updated pursuant to this subsection shall be consistent with naturopathic medical practice."
SECTION 2. Section 455-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "naturopathic formulary" to read:
"Naturopathic formulary" means vitamins, minerals, dietary supplements,
botanical medicines, homeopathic medicines, and hormones[, and those
legend drugs] consistent with naturopathic medical practice."
2. By repealing the definition of "legend drug".
["Legend drug" means any
drug falling within section 503(b)(1) of the federal Food, Drug and Cosmetic
Act and which is required to be labeled with the statement "Rx only".]
SECTION 3. Section 455-6, Hawaii Revised Statutes, is amended to read as follows:
"§455-6 Powers and authority of the board. In addition to any other powers and duties authorized by law, the board may:
(1) Adopt and use a seal to be affixed to all official acts of the board;
(2) Adopt, amend, or repeal rules in accordance with chapter 91 to carry out the purposes of this chapter; provided that all rules shall be approved by the governor and the director of commerce and consumer affairs; and provided further that the rules:
(A) May forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;
(B) Shall establish standards of practice, care, and ethics; and
(C) Shall establish the education and training requirements for parenteral therapy and the standards to administer parenteral therapy, and establish examination standards and require the passage of an examination on minor office procedures, which standards and requirements shall take effect after December 31, 2009;
(3) Develop standards for licensure;
(4) Issue, renew, suspend, and revoke licenses and fine licensees;
(5) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;
(6) Maintain a record of its proceedings;
(7) [Annually establish and] Biannually
publish a naturopathic formulary that has been established by the
naturopathic formulary committee as provided under section 455- and
approved by the board for prescription, administration, or dispensing by
naturopathic physicians; and
(8) Do all things necessary to carry out the functions, powers, and duties set forth in this chapter."
SECTION 4. Section 455-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other actions authorized by
law, the board shall have the power to deny, revoke, suspend, or refuse to
renew any license to practice naturopathic medicine applied for or issued by
the board in accordance with this chapter, and to fine or otherwise discipline
a licensee for any cause authorized by law, including [but not limited to]
the following:
(1) Procuring, or aiding or abetting in procuring, a criminal abortion;
(2) Employing any person to solicit patients;
(3) Obtaining a fee on the assurance that a manifestly incurable disease can be permanently cured;
(4) Betraying a patient's confidence;
(5) Making any untruthful and improbable statement in advertising one's naturopathic practice or business;
(6) False, fraudulent, or deceptive advertising;
(7) Being habituated to the excessive use of drugs or alcohol; or being addicted to, dependent on, or an habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;
(8) Practicing naturopathic medicine while the ability to practice is impaired by alcohol, drug, physical disability, or mental instability;
(9) Procuring a license through fraud, misrepresentation, or deceit or knowingly permitting an unlicensed person to perform activities requiring a license;
(10) Professional misconduct or gross carelessness or manifest incapacity in the practice of naturopathic medicine;
(11) Conduct or practice contrary to recognized standard of ethics of the naturopathic profession;
(12) Using medical service or treatment which is inappropriate or unnecessary;
(13) Submitting to or filing with the board any notice, statement, or other document required under this chapter which is false or untrue or contains any material misstatement of fact;
(14) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;
(15) Using the title "physician" without clearly identifying oneself as being a naturopathic physician;
(16) Prescribing, administering, and dispensing [naturopathic
formulary] substances that are not included in the formulary [established]
approved by the board under section 455-6; and
(17) Violation of any provision of this chapter or rules adopted under this chapter."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2020.
Report Title:
Naturopathy; Medicine
Description:
Establishes a Naturopathic Formulary Committee to create a naturopathic formulary to be approved by the Board of Naturopathic Medicine and updated and published every two years. Repeals provisions authorizing the use of "legend drugs" as a part of the practice of naturopathic medicine. Effective July 1, 2020. (HB2312 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
