Bill Text: HI SB2489 | 2010 | Regular Session | Introduced

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Bill Title: Naturopathy; Medicine

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-05 - (S) The committee on HTH deferred the measure. [SB2489 Detail]

Download: Hawaii-2010-SB2489-Introduced.html

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THE SENATE	S.B. NO.	2489
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO NATUROPATHIC MEDICINE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 455-1, Hawaii Revised Statutes, is amended by amending the definitions of "common diagnostic procedures" and "naturopathic medicine" to read as follows:

     ""Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, taking of health history, physical examination, radiography, and laboratory medicine[, and obtaining samples of human tissue as authorized as a minor office procedure].

     "Naturopathic medicine" means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body.  The practice of naturopathic medicine includes the prescription, administration, dispensing, and use of nutrition and food science, physical modalities, manual manipulation, [parenteral therapy, minor office procedures, naturopathic formulary,] hygiene and immunization, contraceptive devices, common diagnostic procedures, and behavioral medicine of the type taught in education and training at naturopathic medical colleges[; provided that the use of parenteral therapy and performance of minor office procedures shall not be allowed until the board adopts rules in accordance with chapter 91 pursuant to section 455-6]."

     SECTION 2.  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; and

(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; and

    [(7)  Annually establish and publish a naturopathic formulary that has been approved by the board for prescription, administration, or dispensing by naturopathic physicians; and

     (8)] (7)  Do all things necessary to carry out the functions, powers, and duties set forth in this chapter."

     SECTION 3.  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; and

   [(16)  Prescribing, administering, and dispensing naturopathic formulary that are not included in the formulary established by the board under section 455-6; and

    (17)] (16)  Violation of any provision of this chapter or rules adopted under this chapter."

     SECTION 4.  Section 455-1, Hawaii Revised Statutes, is amended by deleting the definitions of "legend drug", "minor office procedures", "naturopathic formulary", and "parenteral therapy".

     [""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".

     "Minor office procedures" means care and procedures relative to superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures not including the eye; and the topical and parenteral use of substances consistent with the practice of naturopathic medicine, in accordance with rules established by the board.

     "Naturopathic formulary" means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice.

     "Parenteral therapy" means the administration of substances by means other than through the gastrointestinal tract, including intravenous, subcutaneous and intramuscular injection."]

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Naturopathy; Medicine

 

Description:

Removes the authority of the board of naturopathic medicine to establish examination standards for minor office procedures and a naturopathic formulary.

 

 

 

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