SB 44 — 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.

33-LS0297\S33-LS0297\B CS FOR SENATE BILL NO.

44(HSS)44 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THESENATORS SENATEGIESSEL HEALTHBY ANDREQUEST, SOCIALKawasaki, SERVICESMyers COMMITTEEIntroduced: Referred:

Labor1/25/23 &Referred: Commerce, Finance Sponsor(s):

SENATORSHealth GIESSEL& BYSocial REQUEST,Services, Kawasaki,Labor Myers& 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 SB0044BSB0044A -1- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B 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.

(c) The board consists of five members, who are appointed by and serve at the pleasure of the commissioner, and shall include onetwo public member,members twoand three naturopaths licensed under this chapter,chapter. one pharmacist, and one doctor of medicine or doctor of osteopathic medicine.

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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 SB0044BSB0044A -3- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B STATES DEPARTMENT OF EDUCATION;

(2) has passedcompleted a pharmaceuticaltwo-year examinationnaturopathic approvedexternship byprogram; the department that is equivalent to any examination of pharmaceutical knowledge required under AS 08.64.210 or 08.64.220;

(3) ishas notpassed subjecta topharmaceutical anexamination unresolvedapproved disciplinaryby actionthe againstdepartment athat licenseis equivalent to practiceany naturopathyexamination inof thispharmaceutical orknowledge anotherrequired jurisdiction;under AS 08.64.210 or 08.64.220;

(4) compliesis withnot thesubject requirementsto ofan ASunresolved 08.45.020;disciplinary action against a license to practice naturopathy in this or another jurisdiction;

and (5) hascomplies notwith been convicted of, or pled guilty or no contest t,oa crime that adversely reflects on the applicant'srequirements ability or competency to practice as a naturopath or that jeopardizes the safety or well-being of aAS patient.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) - (5)(6) [AS 08.45.030(2)(A);

(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 SB 44 -4- SB0044A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\B education requirements.

CSSB 44(HSS) -4- SB0044B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S (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.

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 underundAS AS 12.62.400.

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(C) vaccines;devices for contraception;

and (D) devicesdrugs, forexcept contraception;as provided in AS 08.45.050, if the naturopath has passed the elective pharmacology examination portion of the Naturopathic Physicians Licensing Examination;

and(3) (E)perform drugs,procedures exceptin asthe providedoffice inusing ASoperative, 08.45.050,electrical, ifor other methods, including the naturopathuse hasof passedantiseptics and local anesthetics, for the electivesurgical pharmacologyrepair examinationand portioncare of superficial lacerations, abrasions, and lesions and the Naturopathicremoval Physiciansof Licensingforeign Examination;bodies located in the superficial tissues of the human body;

(3) perform procedures in the office using operative, electrical, or other methods, including the use of antiseptics and local anesthetics, for the repair and care of superficial lacerations, abrasions, and lesions and the removal of foreign bodies located in the superficial tissues of the human body;

and (4) perform or order for diagnostic purposes a physical or orificial examination, imaging,an ultrasound, phlebotomy, a clinical laboratory test or examination, or a physiological function test.

(b) In this section, "naturopathic physical application" means the therapeutic use by a naturopath of the actions or devices of electrical muscle stimulation, galvanic treatment, diathermy, imaging,ultrasound, ultraviolet light, constitutional hydrotherapy, and naturopathic manipulative therapy.

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SB0044BSB0044A -7- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\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.

(3) an injury apparently caused by a knife, axe, or other sharp or CSSBSB 44(HSS)44 -8- SB0044BSB0044A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B pointed instrument, unless the injury was clearly accidental;

SB0044BSB0044A -9- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B (6) continued to practice after becoming unfit due to (A) professional incompetence;

(13) has denied care or treatment to a patient or person seeking CSSBSB 44(HSS)44 -10- SB0044BSB0044A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B assistance from the licensee if the only reason for the denial is the failure or refusal of the patient to agree to arbitrate as provided in AS 09.55.535(a);

SB0044BSB0044A -11- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B (6) impose limitations or conditions on the practice of the licensee;

For the purposes of an investigation under this chapter, the department may require a person to whom the CSSBSB 44(HSS)44 -12- SB0044BSB0044A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B department has issued a license to submit to drug or alcohol testing or a medical or psychiatric examination by a practitioner appointed by the department.

(4) "accredited naturopathic medical school" means a college or university and program granting a degree of doctor of naturopathy or naturopathic medicine that is accredited by or is a candidate for accreditation with the Council on Naturopathic Medical Education or another accrediting agency recognizedre cognized by the United States Department of Education;

SB0044BSB0044A -13- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B (5) "naturopath" means a person licensed and authorized to practice naturopathy in the state who, because of specialized education from an accredited naturopathic medical school, is capable of performing acts of medical diagnosis and prescription of therapeutic substances and procedures that are consistent with naturopathic medical education.

(12) admittance to a police training program under AS 18.65.230 or for CSSBSB 44(HSS)44 -14- SB0044BSB0044A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B certification as a police officer under AS 18.65.240 if that person's prospective employer does not have access to a criminal justice information system;

SB0044BSB0044A -15- CSSBSB 44(HSS)44 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0297\S33-LS0297\B (21) employment as a village public safety officer under AS 18.65.672 or certification as a village public safety officer under AS 18.65.682;

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