Bill Text: IA SF293 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the licensure of the practice of naturopathic medicine. (Formerly SSB 1066.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF293 Detail]
Download: Iowa-2011-SF293-Introduced.html
Senate
File
293
-
Introduced
SENATE
FILE
293
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1066)
A
BILL
FOR
An
Act
relating
to
the
licensure
of
the
practice
of
1
naturopathic
medicine.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1801SV
(2)
84
jr/nh
S.F.
293
Section
1.
Section
147.1,
subsections
3
and
6,
Code
2011,
1
are
amended
to
read
as
follows:
2
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
3
and
surgeon,
podiatric
physician,
osteopathic
physician
4
and
surgeon,
naturopathic
physician,
physician
assistant,
5
psychologist,
chiropractor,
nurse,
dentist,
dental
hygienist,
6
dental
assistant,
optometrist,
speech
pathologist,
audiologist,
7
pharmacist,
physical
therapist,
physical
therapist
assistant,
8
occupational
therapist,
occupational
therapy
assistant,
9
respiratory
care
practitioner,
practitioner
of
cosmetology
10
arts
and
sciences,
practitioner
of
barbering,
funeral
11
director,
dietitian,
marital
and
family
therapist,
mental
12
health
counselor,
social
worker,
massage
therapist,
athletic
13
trainer,
acupuncturist,
nursing
home
administrator,
hearing
aid
14
dispenser,
or
sign
language
interpreter
or
transliterator
means
15
a
person
licensed
under
this
subtitle.
16
6.
“Profession”
means
medicine
and
surgery,
podiatry,
17
osteopathic
medicine
and
surgery,
naturopathic
medicine,
18
practice
as
a
physician
assistant,
psychology,
chiropractic,
19
nursing,
dentistry,
dental
hygiene,
dental
assisting,
20
optometry,
speech
pathology,
audiology,
pharmacy,
physical
21
therapy,
physical
therapist
assisting,
occupational
therapy,
22
occupational
therapy
assisting,
respiratory
care,
cosmetology
23
arts
and
sciences,
barbering,
mortuary
science,
marital
24
and
family
therapy,
mental
health
counseling,
social
work,
25
dietetics,
massage
therapy,
athletic
training,
acupuncture,
26
nursing
home
administration,
hearing
aid
dispensing,
or
sign
27
language
interpreting
or
transliterating.
28
Sec.
2.
Section
147.2,
subsection
1,
Code
2011,
is
amended
29
to
read
as
follows:
30
1.
A
person
shall
not
engage
in
the
practice
of
medicine
31
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
32
naturopathic
medicine,
psychology,
chiropractic,
physical
33
therapy,
physical
therapist
assisting,
nursing,
dentistry,
34
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
35
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audiology,
occupational
therapy,
occupational
therapy
1
assisting,
respiratory
care,
pharmacy,
cosmetology
arts
and
2
sciences,
barbering,
social
work,
dietetics,
marital
and
3
family
therapy
or
mental
health
counseling,
massage
therapy,
4
mortuary
science,
athletic
training,
acupuncture,
nursing
5
home
administration,
hearing
aid
dispensing,
or
sign
language
6
interpreting
or
transliterating,
or
shall
not
practice
as
a
7
physician
assistant,
unless
the
person
has
obtained
a
license
8
for
that
purpose
from
the
board
for
the
profession.
9
Sec.
3.
Section
147.13,
subsection
1,
Code
2011,
is
amended
10
to
read
as
follows:
11
1.
For
medicine
and
surgery,
osteopathic
medicine
and
12
surgery,
and
acupuncture,
and
naturopathic
medicine,
the
board
13
of
medicine.
14
Sec.
4.
Section
147.74,
Code
2011,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
22A.
A
naturopathic
physician
licensed
17
under
chapter
148F
may
use
the
words
“naturopathic
physician”,
18
“naturopathic
doctor”,
“doctor
of
naturopathy”,
“naturopathic
19
medical
doctor”,
“doctor
of
naturopathic
medicine”,
20
“naturopath”
or
the
initials
“N.D.”
or
“N.M.D.”
after
the
21
person’s
name.
22
Sec.
5.
Section
147.107,
Code
2011,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
8A.
Notwithstanding
provisions
of
this
25
section
to
the
contrary,
a
licensed
naturopathic
physician
may
26
prescribe
all
substances
and
devices
consistent
within
the
27
level
of
training
of
the
naturopathic
physician
unless
added
28
to
the
exclusionary
naturopathic
formulary
by
the
naturopathic
29
advisory
council.
30
Sec.
6.
Section
148E.3,
subsection
1,
Code
2011,
is
amended
31
to
read
as
follows:
32
1.
A
person
otherwise
licensed
to
practice
medicine
and
33
surgery,
osteopathic
medicine
and
surgery,
naturopathic
34
medicine,
chiropractic,
podiatry,
or
dentistry
who
is
35
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exclusively
engaged
in
the
practice
of
the
person’s
profession.
1
Sec.
7.
NEW
SECTION
.
148F.1
Definitions.
2
As
used
in
this
chapter,
unless
the
context
otherwise
3
requires:
4
1.
“Approved
naturopathic
medical
program”
means
any
of
the
5
following:
6
a.
A
naturopathic
medical
education
program
in
the
7
United
States
providing
the
degree
of
doctor
of
naturopathy
8
or
doctor
of
naturopathic
medicine.
Such
program
shall
9
offer
graduate-level,
full-time
didactic
and
supervised
10
clinical
training
and
shall
be
accredited,
or
shall
have
11
achieved
candidacy
status
for
accreditation
by
the
council
12
on
naturopathic
medical
education
or
by
an
equivalent
13
federally
recognized
accrediting
body
for
naturopathic
medical
14
programs
also
recognized
by
the
board.
Additionally,
the
15
program
shall
be
an
institution,
or
part
of
an
institution
of
16
higher
education
that
is
either
accredited
or
is
a
candidate
17
for
accreditation
by
a
regional
or
national
institutional
18
accrediting
agency
recognized
by
the
United
States
secretary
19
of
education.
20
b.
A
degree-granting
college
or
university
that,
prior
21
to
the
existence
of
the
council
on
naturopathic
medicinal
22
education,
offered
a
full-time,
structured
curriculum
in
23
basic
sciences
and
supervised
patient
care
comprising
a
24
doctoral
naturopathic
medical
education;
such
curriculum,
as
25
a
prerequisite
to
graduation,
consisted
of
not
less
than
one
26
hundred
thirty-two
weeks
of
study
and
required
completion
27
within
a
period
of
not
less
than
thirty-five
months;
such
28
college
or
university
of
naturopathic
medicine
shall
have
been
29
reputable
and
in
good
standing
in
the
judgment
of
the
board,
30
and
if
still
in
existence,
shall
have
current
programmatic
31
accreditation
by
the
council
on
naturopathic
medical
education
32
or
an
equivalent
federally
recognized
accrediting
agency.
33
c.
A
diploma-granting,
degree-equivalent
college
or
34
university
in
Canada,
that
prior
to
accreditation
by
the
35
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council
on
naturopathic
medical
education,
had
provincial
1
approval
for
participation
in
government-funded
student
aid
2
programs,
and
that
offered
a
full-time,
structured
curriculum
3
in
basic
sciences
and
supervised
patient
care
comprising
a
4
doctoral
naturopathic
medical
education;
such
curriculum,
as
5
a
prerequisite
to
graduation,
consisted
of
not
less
than
one
6
hundred
thirty-two
weeks
of
study
and
required
completion
7
within
a
period
of
not
less
than
thirty-five
months;
such
8
college
or
university
of
liberal
arts
and
naturopathic
medicine
9
shall
have
been
reputable
and
in
good
standing
in
the
judgment
10
of
the
board
and,
if
still
in
existence,
shall
have
current
11
programmatic
accreditation
by
the
council
of
naturopathic
12
medical
education
or
an
equivalent
federally
recognized
13
accrediting
agency.
Additionally,
the
college
or
university
14
currently
shall
have
provincial
approval
for
participation
in
15
government-funded
student
aid
programs.
16
d.
A
diploma-granting,
degree-equivalent
college
or
17
university
in
Canada
that
offers
graduate-level,
full-time
18
didactic
and
supervised
clinical
training
and
is
accredited,
or
19
has
achieved
candidacy
status
for
accreditation
by
the
council
20
on
naturopathic
medical
education
or
an
equivalent
federally
21
recognized
accrediting
body
for
naturopathic
medical
programs
22
also
recognized
by
the
board;
and
the
college
or
university
23
has
provincial
approval
for
participation
in
government-funded
24
student
aid.
25
2.
“Board”
means
the
board
of
medicine
established
in
26
section
147.13.
27
3.
“Director”
means
the
executive
director
of
the
board
of
28
medicine.
29
4.
“Exclusionary
naturopathic
formulary”
means
the
30
exclusionary
list
of
medicines,
nonprescription
and
31
prescription,
which
naturopathic
physicians
may
not
use
in
the
32
practice
of
their
profession,
as
determined
by
the
naturopathic
33
advisory
council.
34
5.
“Minor
office
procedures”
means
methods
for
the
repair
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and
care
incidental
to
superficial
lacerations
and
abrasions,
1
superficial
lesions,
and
the
removal
of
foreign
bodies
located
2
in
the
superficial
tissues.
3
6.
“Naturopathic
advisory
council”
means
the
naturopathic
4
advisory
council
as
established
under
this
chapter.
5
7.
“Naturopathic
medicine”
means
a
system
of
primary
health
6
care
for
the
prevention,
diagnosis,
and
treatment
of
human
7
health
conditions,
injury,
and
disease,
and
the
promotion
or
8
restoration
of
health.
“Naturopathic
medicine”
includes
the
use
9
of
physiological,
psychological,
or
mechanical
methods,
and
the
10
use
of
natural
medicines,
prescription
or
legend
drugs,
foods,
11
herbs,
or
other
natural
remedies.
12
8.
“Naturopathic
physician”
means
a
practitioner
of
13
naturopathic
medicine
who
has
been
properly
licensed
for
that
14
purpose
by
the
board
of
medicine
under
this
chapter,
who
may
15
diagnose,
treat,
and
help
prevent
diseases
using
a
system
16
of
practice
that
is
based
on
the
natural
healing
capacity
17
of
individuals,
and
may
use
physiological,
psychological,
18
or
mechanical
methods,
and
may
use
natural
medicines,
19
prescription,
or
legend
drugs,
foods,
herbs,
or
other
natural
20
remedies.
21
9.
“Prescription
drug”
means
any
drug
described
in
section
22
503(b)
of
the
federal
Food,
Drug
and
Cosmetic
Act,
21
U.S.C.
§
23
353,
if
its
label
is
required
to
bear
the
symbol
“RX
only”.
24
Sec.
8.
NEW
SECTION
.
148F.2
Licensure
——
naturopathic
25
medicine.
26
1.
Qualifications
for
licensure.
An
applicant
for
a
license
27
to
practice
naturopathic
medicine
shall
be
granted
a
license
28
by
the
board
if
the
applicant
satisfies
all
of
the
following
29
requirements:
30
a.
Submits
an
application
for
licensure
designed
and
31
approved
by
the
naturopathic
advisory
council.
32
b.
Pays
an
application
fee
established
by
the
board.
33
c.
Has
graduated
from
an
approved
naturopathic
medical
34
program.
35
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d.
Has
passed
a
competency-based
national
naturopathic
1
licensing
examination
administered
by
the
north
American
board
2
of
naturopathic
examiners
or
successor
agency,
that
has
been
3
nationally
recognized
to
administer
a
naturopathic
examination
4
representing
federal
standards
of
education
and
training.
For
5
applicants
who
completed
an
approved
naturopathic
medical
6
program
located
in
Canada,
eligibility
for
licensure
may
be
7
granted
with
evidence
of
successful
passage
of
a
Canadian
8
provincial
competency
examination.
9
e.
Provides
evidence
that
the
applicant
is
of
good
ethical
10
and
professional
reputation.
An
applicant
shall
not
have
had
11
a
license
to
practice
naturopathic
medicine
or
other
health
12
care
license
registration
or
certificate
refused,
revoked,
13
or
suspended
by
this
state
or
any
other
jurisdiction
for
14
reasons
that
relate
to
the
applicant’s
ability
to
skillfully
15
and
safely
practice
naturopathic
medicine
unless
that
license,
16
registration,
or
certification
has
been
restored
to
good
17
standing.
18
f.
Provides
evidence
that
the
applicant
is
physically
and
19
mentally
capable
of
safely
practicing
naturopathic
medicine
20
with
or
without
reasonable
accommodation.
21
2.
Term
of
license.
A
license
granted
pursuant
to
this
22
section
shall
be
renewed
every
two
years.
23
Sec.
9.
NEW
SECTION
.
148F.3
Use
of
title
——
exceptions.
24
1.
A
person
shall
not
represent
that
the
person
is
a
25
naturopathic
physician,
a
doctor
of
naturopathic
medicine,
a
26
doctor
of
naturopathy,
a
naturopath,
or
as
being
otherwise
27
authorized
to
practice
naturopathic
medicine
in
this
state,
or
28
use
the
titles
“N.D.”
or
“N.M.D.”
or
any
other
titles,
words,
29
letters,
abbreviations,
or
insignia
indicating
or
implying
that
30
the
individual
is
a
licensed
naturopathic
physician
unless
31
the
individual
has
been
licensed
as
a
naturopathic
physician
32
pursuant
to
this
chapter
without
first
obtaining
from
the
board
33
a
license
to
practice
naturopathic
medicine
pursuant
to
the
34
provisions
of
this
chapter.
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2.
The
practice
of
naturopathic
medicine
by
a
naturopathic
1
physician
licensed
pursuant
to
this
chapter
does
not
constitute
2
the
practice
of
medicine
and
surgery
under
chapter
148,
the
3
practice
of
osteopathic
medicine
and
surgery
under
chapter
148,
4
or
the
practice
of
nursing
under
chapter
152.
5
3.
This
chapter
and
chapter
147
do
not
prevent
qualified
6
members
of
other
professions
including
but
not
limited
7
to
individuals
licensed
under
chapter
148,
150,
150A,
or
8
152
from
providing
services
consistent
with
the
nature
of
9
naturopathic
medicine,
but
these
persons
shall
not
use
a
title
10
or
description
denoting
that
they
are
licensed
naturopathic
11
physicians.
12
Sec.
10.
NEW
SECTION
.
148F.4
Duties
of
board.
13
The
board
shall
adopt
rules
consistent
with
this
chapter,
14
chapter
147,
and
as
recommended
by
the
naturopathic
advisory
15
council
which
are
necessary
for
the
performance
of
its
duties.
16
Sec.
11.
NEW
SECTION
.
148F.5
Naturopathic
advisory
council.
17
1.
A
naturopathic
advisory
council
is
established,
18
consisting
of
the
following
members:
19
a.
Three
members
who
are
naturopathic
physicians
eligible
20
for
licensure,
appointed
by
the
governor.
21
b.
One
member
who
is
a
pharmacist
licensed
in
Iowa,
22
appointed
by
the
governor.
23
c.
One
member
who
is
a
medical
or
osteopathic
physician
24
licensed
in
Iowa,
who
has
expertise
in
natural
or
integrative
25
medicine.
26
2.
Members
shall
not
receive
per
diem
or
expense
payments.
27
3.
Members
shall
serve
two-year
terms,
and
shall
serve
until
28
their
successors
have
been
appointed.
29
4.
The
council
shall
select
a
chairperson
from
its
30
membership.
31
Sec.
12.
NEW
SECTION
.
148F.6
Council
powers
and
duties.
32
The
naturopathic
advisory
council
shall
do
all
of
the
33
following:
34
1.
Advise
the
board
regarding
standards
for
licensed
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naturopathic
physicians.
1
2.
Provide
for
distribution
of
information
regarding
2
licensed
naturopathic
physician
standards.
3
3.
Advise
the
board
on
enforcement
issues.
4
4.
Review
applications
for
licensure
and
license
renewal
5
and
recommend
the
granting
or
denial
thereof.
6
5.
Advise
the
board
on
issues
related
to
receiving
and
7
investigating
complaints,
conducting
hearings,
and
imposing
8
disciplinary
action
in
relation
to
complaints
against
licensed
9
naturopathic
physicians.
10
6.
Review
naturopathic
education
and
training
for
and
11
make
specific
recommendations
to
the
board
regarding
the
12
qualifications
to
practice
naturopathic
childbirth
attendance.
13
7.
Recommend
to
the
board
any
prescription
drugs
which
14
should
be
included
on
the
exclusionary
naturopathic
formulary.
15
8.
Advise
the
board
regarding
approval
of
continuing
16
education
programs
specific
to
naturopathic
practice.
17
Sec.
13.
NEW
SECTION
.
148F.7
Scope
of
practice.
18
A
naturopathic
physician
may
do
any
of
the
following:
19
1.
Order
and
perform
physical
and
laboratory
examinations
20
consistent
with
naturopathic
education
and
training
for
21
diagnostic
purposes,
including
but
not
limited
to
phlebotomy,
22
clinical
laboratory
tests,
orificial
examinations,
and
23
physiological
function
tests.
24
2.
Order
diagnostic
imaging
studies
consistent
with
25
naturopathic
training.
All
diagnostic
tests
not
consistent
26
with
naturopathic
medical
education
and
training
must
be
27
referred
for
performance
and
interpretation
to
an
appropriately
28
licensed
health
care
professional.
29
3.
Dispense,
administer,
order,
and
prescribe,
provide,
or
30
perform
the
following,
as
applicable:
31
a.
Food,
extracts
of
food,
nutraceuticals,
vitamins,
amino
32
acids,
minerals,
enzymes,
botanicals
and
their
extracts,
33
botanical
medicines,
homeopathic
medicines,
and
all
dietary
34
supplements
and
nonprescription
drugs
as
defined
by
the
federal
35
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Food,
Drug,
and
Cosmetic
Act,
21
U.S.C.
§
301
et
seq.
1
b.
Prescription
or
legend
drugs
and
hormonal
replacement.
2
c.
Hot
or
cold
hydrotherapy,
naturopathic
physical
medicine,
3
and
therapeutic
exercise.
4
d.
Devices,
including
but
not
limited
to
therapeutic
5
devices,
barrier
contraception,
and
durable
medical
equipment.
6
e.
Health
education
and
health
counseling.
7
f.
Repair
and
care
incidental
to
superficial
lacerations
and
8
abrasions.
9
g.
Removal
of
foreign
bodies
located
in
the
superficial
10
tissues.
11
h.
Musculoskeletal
manipulation
consistent
with
12
naturopathic
education
and
training.
13
4.
Utilize
routes
of
administration
that
include
oral,
14
nasal,
auricular,
ocular,
rectal,
vaginal,
transdermal,
15
intradermal,
subcutaneous,
intravenous,
and
intramuscular
16
consistent
with
the
education
and
training
of
a
naturopathic
17
physician.
18
5.
Perform
all
therapies
as
trained
and
educated,
and
19
approved
by
the
naturopathic
advisory
council.
20
Sec.
14.
NEW
SECTION
.
148F.8
Prohibitions.
21
A
naturopathic
physician
licensed
under
this
chapter
shall
22
not
do
any
of
the
following:
23
1.
Perform
or
induce
abortions.
24
2.
Perform
surgical
procedures
except
those
minor
office
25
procedures
authorized
by
this
chapter.
26
3.
Practice
or
claim
to
practice
as
a
medical
or
osteopathic
27
physician,
dentist,
podiatrist,
optometrist,
psychologist,
28
advanced
practice
registered
nurse,
physician
assistant,
29
chiropractor,
physical
therapist,
acupuncturist,
or
any
other
30
health
care
provider
not
authorized
in
this
chapter
unless
31
licensed
by
the
state
of
Iowa
as
such.
32
4.
Use
general
or
spinal
anesthetics.
33
5.
Administer
ionizing
radioactive
substances
for
34
therapeutic
purposes.
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6.
Administer
or
prescribe
chemotherapeutic
medications
for
1
the
purpose
of
cancer
treatment.
2
7.
Perform
surgical
procedures
of
the
eye,
ear,
nerves,
3
veins,
or
arteries
extending
beyond
superficial
tissue.
4
Sec.
15.
NEW
SECTION
.
148F.9
Exemptions.
5
Nothing
in
this
chapter
shall
be
construed
to
prohibit
or
6
restrict:
7
1.
The
practice
of
a
profession
by
individuals
who
are
8
licensed,
certified,
or
registered
under
other
laws
of
this
9
state
who
are
performing
services
within
their
authorized
scope
10
of
practice.
11
2.
The
practice
of
naturopathic
medicine
by
an
individual
12
employed
by
the
government
of
the
United
States
while
the
13
individual
is
engaged
in
the
performance
of
duties
prescribed
14
by
the
laws
and
regulations
of
the
United
States.
15
3.
The
practice
of
naturopathic
medicine
by
students
16
enrolled
in
an
approved
naturopathic
medical
program.
The
17
performance
of
services
shall
be
pursuant
to
a
course
of
18
instruction
or
assignments
from
an
instructor
and
under
the
19
supervision
of
the
instructor.
The
instructor
shall
be
a
20
naturopathic
physician
licensed
pursuant
to
this
chapter
or
a
21
duly
licensed
professional
in
the
instructed
field.
22
4.
Persons
from
treating
themselves
and
family
members
23
based
on
religious
or
health
beliefs.
24
5.
Persons
who
sell
vitamins
and
herbs
from
providing
25
information
about
their
products.
26
6.
Persons
or
practitioners
from
advising
in
the
use
of
27
a
therapy,
including
but
not
limited
to:
herbal
medicine,
28
homeopathy,
nutrition,
or
other
nondrug
or
nonsurgical
therapy
29
that
is
within
the
scope
of
practice
of
naturopathic
physicians
30
as
outlined
in
this
chapter
as
long
as
such
therapy
is
lawful,
31
or,
if
a
licensed
health
care
provider,
within
the
scope
of
32
practice
of
the
profession;
and
provided
that
such
person
is
33
not
using
a
title
protected
pursuant
to
this
chapter
or
holding
34
themselves
out
to
be
a
naturopathic
physician.
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7.
The
practice
of
naturopathic
medicine
by
persons
who
1
are
licensed
to
practice
in
any
other
state
as
practicing
2
naturopathic
physicians,
who
enter
this
state
to
consult
with
3
a
licensed
naturopathic
physician
in
this
state;
provided,
4
however,
that
the
consultation
is
to
be
limited
to
examination,
5
recommendation,
or
testimony
in
litigation.
6
EXPLANATION
7
This
bill
requires
the
licensing
of
naturopathic
physicians.
8
The
bill
provides
that
the
practice
of
naturopathic
medicine
9
means
the
provision
of
naturopathic
services
defined
as
a
10
system
of
primary
health
care
for
the
prevention,
diagnosis,
11
and
treatment
of
human
health
conditions,
injury,
and
disease,
12
and
the
promotion
or
restoration
of
health.
Naturopathic
13
medicine
includes
the
use
of
physiological,
psychological,
14
or
mechanical
methods,
and
the
use
of
natural
medicines,
15
prescription
or
legend
drugs,
foods,
herbs,
or
other
natural
16
remedies.
The
bill
specifies
qualifications
for
licensure
and
17
the
scope
of
practice
for
a
naturopathic
physician,
and
details
18
functions
that
a
naturopathic
physician
may
not
perform.
19
The
practice
of
naturopathic
medicine
is
regulated
by
the
20
board
of
medicine,
with
the
advice
of
a
naturopathic
advisory
21
council.
The
council
consists
of
five
members,
three
of
22
whom
are
naturopathic
physicians,
one
medical
or
osteopathic
23
physician,
and
a
pharmacist.
The
council
does
not
receive
per
24
diem
or
expenses.
25
The
bill
provides
that
qualified
members
of
other
26
professions,
including
physicians
and
nurses,
are
not
prevented
27
from
providing
services
consistent
with
naturopathic
medicine,
28
but
these
persons
shall
not
use
a
title
or
description
denoting
29
that
they
are
naturopathic
physicians.
The
bill
sets
out
these
30
titles.
31
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