SB 38 — An Act relating to the practice of naturopathy; establishing the Naturopathy Advisory Board; relating to the licensure of naturopaths; relating to disciplinary sanctions for naturopaths; relating to the Department of Commerce, Community, and Economic Development; and providing for an effective date.

32-LS0318\B32-LS0318\A CS FOR SENATE BILL NO.

38(HSS)38 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THESENATOR SENATEKAWASAKI HEALTHIntroduced: AND SOCIAL SERVICES COMMITTEE Referred:

Labor1/25/21 &Referred: Commerce, Finance Sponsor(s):

SENATORHealth KAWASAKI& Social Services, Labor & Commerce, Finance A BILL FOR AN ACT ENTITLED "An Act relating to the practice of naturopathy;

(a) An acupuncturist licensed under AS 08.06, an audiologist or speech- language pathologist licensed under AS 08.11, a behavior analyst licensed under AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a naturopath licensed under AS 08.45, a massage therapist licensed under AS 08.61, a marital and family therapist licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a registered or advanced practice registered nurse SB0038BSB0038A -1- CSSBSB 38(HSS)38 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B32-LS0318\A under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as professional identification appropriate letters or a title after that person's name that represents the person's specific field of practice.

CSSBSB 38(HSS)38 -2- SB0038BSB0038A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B32-LS0318\A Sec.

OR (2) AFTER DECEMBER 31, 1987, HAS (A) GRADUATED FROM A SCHOOL OF NATUROPATHY THAT REQUIRED FOUR YEARS OF ATTENDANCE AT THE SCHOOL AND AT THE TIME OF GRADUATION THE SCHOOL WAS ACCREDITED OR A CANDIDATE FOR ACCREDITATION BY THE COUNCIL ON NATUROPATHIC MEDICAL EDUCATION OR A SUCCESSOR ORGANIZATION RECOGNIZED BY THE UNITED SB0038BSB0038A -3- CSSBSB 38(HSS)38 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B32-LS0318\A STATES DEPARTMENT OF EDUCATION;

(2) hasis completednot subject to an unresolved disciplinary action against a two-yearlicense naturopathicto externshippractice program;naturopathy in this or another jurisdiction;

(3) hascomplies passedwith a pharmaceutical examination approved by the departmentrequirements that is equivalent to any examination of pharmaceutical knowledge required under AS 08.64.21008.45.020; or 08.64.220;

and (4) ishas not subjectbeen toconvicted anof, unresolvedor disciplinarypled actionguilty againstor ano licensecontest t,oa crime that adversely reflects on the applicant's ability or competency to practice naturopathyas ina thisnaturopath or anotherthat jurisdiction;jeopardizes the safety or well-being of a patient.

(5) complies with the requirements of AS 08.45.020;

and (6) has not been convicted of, or pled guilty or no contest t,oa crime that adversely reflects on the applicant's ability or competency to practice as a naturopath or that jeopardizes the safety or well-being of a patient.

and (2) [AND PROVIDES PROOF SATISFACTORY TO THE DEPARTMENT THAT THE APPLICANT (1)] meets the requirements of AS 08.45.030(1)(A) and (2) - (6)(4) [AS 08.45.030(2)(A);

AS 08.45 is amended by adding a new sectionssection to read:

08.45.037.

Continuing education requirements.

(a) The department shall promote a high degree of competence in the practice of naturopathy in the state by requiring every naturopath licensed under this chapter to fulfill continuing CSSB 38(HSS) -4- SB0038B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B education requirements.

(b) Before a license may be renewed, a naturopath licensed under this chapter shall submit evidence to the department that continuing education requirements prescribed by regulations adopted by the department have been met.

Continuing education requirements must be equivalent to the continuing education requirements of a physician assistant under AS 08.64.107 and must also include a requirement that not less than two hours of education in pain management and opioid use and addiction be completed not more than two years before the application for renewal.

(c) The department may exempt a naturopath licensed under this chapter from the requirements of (b) of this section upon an application by the naturopath giving evidence satisfactory to the department that the naturopath is unable to comply with the requirements because of extenuating circumstances.

However, the department may not exempt a naturopath from (1) more than 15 hours of continuing education in a five-year period;

(2) the requirement to receive at least two hours of education in pain management and opioid use and addiction.

Sec.

(2) meets the continuing education requirements established underby ASthe 08.45.037;department;

(3) has not been convicted of, or pled guilty or no contest to, a crime SB 38 -4- SB0038A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\A that adversely reflects on the applicant's ability or competency to practice as a naturopath or that jeopardizes the safety or well-being of a patient;

and (5) has, at least once in the six years immediately preceding the application, submitted to the department fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for the department to forward to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62.160 and a national criminal history record check undASunder AS 12.62.400.

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the procedures may not include general or spinal anesthetics, major surgery, surgery of the body cavities, plastic surgery, surgery involving the eyes, or surgery involving tendons, ligaments, SB0038A -5- SB 38 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\A nerves, or blood vessels;

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A person who practices naturopathy may not (1)[(1)] give, prescribe, or recommend in the practice (A)(1) a[(A) cancerA chemotherapeutic agent [A PRESCRIPTION DRUG];DRUG;

or(B)] (B) a controlled substance;

[(C)or A POISON;] (2) engagea incancer surgery,chemotherapeutic exceptagent as[(C) authorizedA byPOISON; AS 08.45.045(a)(3);

(3)(2) useENGAGE theIN wordSURGERY; "physician" in the person's title.

(3) USE THE WORD "PHYSICIAN" IN THE PERSON'S TITLE].

(b) Upon receiving a report under (a) of this section, the department shall investigate the matter and, upon a finding that there is reasonable cause to believe that the naturopath who is the subject of the report is a danger to the health or welfare of SB 38 -6- SB0038A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\A the public or to the naturopath's patients, the department may appoint a committee of health care professionals to examine the naturopath and report its findings to the department.

SB0038B -7- CSSB 38(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B (c) If the department finds that a naturopath is unable to continue in practice with reasonable safety to the naturopath's patients or to the public, the department shall initiate action to suspend, revoke, limit, or condition the naturopath's license to the extent necessary for the protection of the naturopath's patients and the public.

SB0038A -7- SB 38 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\A (1) second or third degree burns to five percent or more of a patient's body;

(3) an injury apparently caused by a knife, axe, or other sharp or CSSB 38(HSS) -8- SB0038B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B pointed instrument, unless the injury was clearly accidental;

or (C) crime involving the unlawful procurement, sale, SB 38 -8- SB0038A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\A prescription, or dispensing of drugs [THAT AFFECTS THE LICENSEE'S ABILITY TO CONTINUE TO PRACTICE COMPETENTLY AND SAFELY];

SB0038B -9- CSSB 38(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0318\B (6) continued to practice after becoming unfit due to (A) professional incompetence;