Idaho 66th Legislature, 2nd Regular Session (2022) Status: Enacted

S 1330 — OCCUPATIONAL LICENSING – Adds to existing law to provide for the licensure and registration of certain naturopathic doctors and naturopaths.

Last action — Signed by Governor on 03/23/22 Session Law Chapter 194 Effective: 07/01/2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2022. Enacted.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

302 added · 288 removed

302 line(s) added, 288 removed.

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1330 BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION;
1330, As Amended BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION;
(2) This chapter shall not restrict unlicensed practice lawfully pro- vided pursuant to section 54-1804(1), Idaho Code.
(2) This chapter shall not restrict unlicensed practice lawfully pro- vided pursuant to section 54-1804(1)(l), Idaho Code.
(3) "Licensed naturopathic doctor" means an individual licensed as a medical doctor, doctor of osteopathy, doctor of podiatric medicine, natur- opathic medical doctor, doctor of chiropractic, doctor of dental medicine, or doctor of nursing practice who has obtained an approved naturopathic doc- toral degree, as set forth in rule, and who voluntarily elects to seek and re- ceives licensure under this chapter to practice naturopathic health care in Idaho.
(3) "Licensed naturopathic doctor" means an individual licensed as a medical doctor, doctor of osteopathy, doctor of podiatric medicine, doctor of chiropractic, doctor of dental medicine, or doctor of nursing practice who has obtained an approved naturopathic doctoral degree, as set forth in rule, and who voluntarily elects to seek and receives licensure under this chapter to practice naturopathic health care in Idaho.
For the initial board, one (1) member shall be a public member, one (1) member shall be either a doctor of osteopa- thy or a doctor of medicine, two (2) members shall be license-eligible natur- opathic doctors, and one (1) member shall be a registered naturopath pur- suant to section 54-5908, Idaho Code.
(a) For the initial board:
(2) The governor shall appoint the initial members of the board.
(i) One (1) member shall be a public member;
Of the initial members, two (2) shall be appointed for four (4) year terms and three (3) shall be appointed for three (3) year terms.
(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;
After the initial appoint- ments, all terms of appointment shall be four (4) years.
(iii) Two (2) members shall be eligible for licensure under this chapter;
and (iv) One (1) member shall be eligible for registration as a natur- opath under this chapter.
(b) After the initial board:
(i) One (1) member shall be a public member;
(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;
(iii) Two (2) members shall be licensed under this chapter;
and (iv) One (1) member shall be registered under this chapter.
(2) The governor shall appoint all members of the board.
Of the ini- tial members, two (2) shall be appointed for four (4) year terms and three (3) shall be appointed for three (3) year terms.
After the initial appointments, all terms of appointment shall be for four (4) years.
(3) All appointments after July 1, 2028, shall maintain the following criteria:
(3) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chair and a vice chair and may hold additional meetings at the call of the chair or at the written request of any two (2) members of the board.
one (1) public member, one (1) member who is either a doctor of osteopathy or a medical doctor, two (2) members who are license-eligible naturopathic doctors as set forth in section 54-5902(3), Idaho Code, and one (1) member who is a registration-eligible naturopath as set forth in section 54-5908, Idaho Code.
All appointments to the board after July 1, 2028, shall be appointed by the governor.
(4) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chair and a vice chair and may hold additional meetings at the call of the chair or at the written request of any two (2) members of the board.
(5) In the event of the death, resignation, or removal of any board mem- ber before the expiration of the term to which he is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(4) In the event of the death, resignation, or removal of any board mem- ber before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same man- ner as the original appointment.
(6) Board members shall serve at the pleasure of the governor.
(5) Board members shall serve at the pleasure of the governor.
(7) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
(6) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
(1) By July 1, 2023, and in accordance with the American naturopathic medical certification board as the primary resource, determine the qualifi- cations needed by each person applying for licensure pursuant to this chap- ter and, in addition to the requirements of this chapter, define by rule the appropriate scope of practice for each individual seeking licensure;
(1) By July 1, 2023, in accordance with this chapter and by using the American naturopathic medical certification board as the primary resource, determine the qualifications needed by each person applying for licensure pursuant to this chapter and, in addition to the requirements of this chap- ter, define by rule the criteria for determining the appropriate scope of practice for each individual seeking licensure;
pro- vided, however, the board may only authorize a scope of practice on an indi- vidual basis for each individual seeking licensure.
provided, however, the board may authorize a scope of practice only on an individual basis for each individual seeking licensure.
The board shall modify the authorized scope of practice based on an individual's prior and current education, training, and experience.
The board may modify the authorized scope of practice based on its assessment of an individual's education, training, and experience;
(2) Consult with the American naturopathic medical certification board to define and set by rule any additional qualifications for licensure.
(2) Consult with the American naturopathic medical certification board to define and set by rule any additional qualifications for licensure that are consistent with this chapter.
Any such qualifications shall be in addition to those required by this chapter on July 1, 2022.
Any such qualifications shall be in addi- tion to those required by this chapter;
(3) Authorize prescriptive rights or surgical authority only for an applicant who demonstrates sufficient education and training in accordance with an active license pursuant to section 54-5905(1), Idaho Code.
(3) Authorize prescriptive rights or surgical authority only for an applicant who demonstrates sufficient education and training in accor- dance with an active Idaho license in good standing pursuant to section 54-5905(1), Idaho Code.
Notwith- standing this subsection, all licensees shall be permitted by the board to practice according to the scope of practice pursuant to section 54-5906, Idaho Code.
Notwithstanding the provisions of this subsection, all licensees shall be permitted by the board to practice according to the scope of practice pursuant to section 54-5906, Idaho Code;
(4) Establish, pursuant to chapter 52, title 67, Idaho Code, any such rules as are necessary for the administration of this chapter, including but not limited to rules pertaining to discipline, continuing education, and standards for professional conduct that reflect current practice standards and promote inclusion of evidence-based innovations and advances in naturo- pathic health care.
(4) Establish, pursuant to chapter 52, title 67, Idaho Code, any such rules consistent with this chapter as are necessary for the administration of this chapter, including but not limited to rules pertaining to disci- pline, continuing education, and standards for professional conduct that reflect current practice standards and promote inclusion of evidence-based innovations and advances in naturopathic health care;
(5) Conduct investigations and examinations and hold hearings.
(5) Conduct investigations and examinations and hold hearings;
(6) Collect fees and other funds as authorized by this chapter.
(6) Collect fees and other funds only to the extent necessary to carry out the provisions of this chapter.
All fees received under the provisions of this chapter shall be paid to the di- vision of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
All fees received under the provisions of this chapter shall be paid to the division of occupational and profes- sional licenses and deposited in the state treasury to the credit of the oc- cupational licenses fund, and all costs and expenses incurred under the pro- visions of this chapter shall be a charge against and paid from said fund;
(7) Be responsible for legal proceedings, including those regarding contracts and litigation.
(7) Conduct legal proceedings, including those regarding contracts and litigation;
(8) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes.
(8) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes;
(9) Establish rules that provide for naturopaths to legally practice in Idaho through registration rather than licensure.
and (9) Establish rules that provide for naturopaths to practice in Idaho through registration rather than licensure.
In order to protect pub- lic health, the scope of practice for a registered naturopath shall be as provided for in section 54-1804(1), Idaho Code.
In order to protect public health, the scope of practice for a registered naturopath shall be no broader than as provided for in section 54-1804(1)(l), Idaho Code.
(a) Possesses current, valid, and unrestricted licensure in another state, district, or territory of the United States in at least one (1) of the following medical professions:
(a) Possesses current, valid, and unrestricted licensure in any state, district, or territory of the United States in at least one (1) of the following medical professions:
(iii) Doctor of naturopathic medicine;
(iii) Dentist;
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(iv) Dentist;
(iv) Chiropractor, if such applicant possesses an accredited doctoral degree in chiropractic medicine as required pursuant to chapter 7, title 54, Idaho Code;
(v) Chiropractor, if such applicant possesses an accredited doctoral degree in chiropractic medicine as required pursuant to chapter 7, title 54, Idaho Code;
or (v) Nurse, if such applicant possesses a level of training and ed- ucation equivalent to an advanced practice registered nurse pur- suant to chapter 14, title 54, Idaho Code, and has achieved an ac- credited doctorate degree in nursing;
or (vi) Nurse, if such applicant possess a level of training and ed- ucation equivalent to an advanced practice registered nurse pur- suant to chapter 14, title 54, Idaho Code, and has achieved an ac- credited doctorate degree in nursing;
(i) Two (2) years of experience acceptable to the board, one (1) year of which may include predoctoral practicum or internship and one (1) year of which must be postdoctoral;
(i) Two (2) years of experience in the practice of naturopathic health care acceptable to the board, one (1) year of which may include predoctoral practicum or internship and one (1) year of which must be postdoctoral;
(ii) Passage of an Idaho state examination proving minimum com- petency and skills, to be developed and approved by the board and the American naturopathic medical certification board pursuant to this chapter;
(ii) Passage of an Idaho state examination proving minimum com- petency and skills, to be developed and approved by the board by rule and the American naturopathic medical certification board pursuant to this chapter;
or (iii) Passage of any accredited national board examination that certifies the individual has achieved minimum competency and skills in the practice of naturopathic healthcare.
or (iii) Passage of any accredited national board examination that certifies the individual has achieved minimum competency and skills in the practice of naturopathic health care as approved by the board by rule.
(3) A licensed naturopathic doctor may use the title "licensed doctor of natural health" or "licensed naturopathic practitioner." A provisional license shall be issued by the board until the board has finalized and ap- proved licensure requirements as provided by this chapter and by rule.
(3) A licensed naturopathic doctor may also use the title "licensed doctor of natural health" or "licensed naturopathic practitioner." (4) All applications for licensing shall be reviewed and approved by the board on an individual basis.
(4) All applications for licensing shall be reviewed and approved by the board on an individual basis.
(6) Notwithstanding the provisions of subsection (5) of this section, a person who is a licensed naturopathic medical doctor pursuant to chapter 51, title 54, Idaho Code, may use the title "licensed naturopathic doctor." (7) No license shall be issued by the board until the board has final- ized and approved licensure requirements by rule as provided by this chapter and the legislature has approved all rules governing licensure adopted by the board.
(1) Any naturopathic doctor licensed pursuant to this chapter who does not possess a current, valid, and unrestricted license to practice as a physician pursuant to chapter 18, title 54, Idaho Code, may engage only in the scope of practice provided for in this section.
(1) A naturopathic doctor licensed pursuant to this chapter may engage only in the scope of practice provided for in this section.
(2) Unless otherwise provided for in this chapter, a licensed naturo- pathic doctor shall not be authorized to incorporate any rights or scope of practice pursuant to licensure held in another state, district, or territory of the United States into Idaho practice as a licensed naturopathic doctor pursuant to this chapter.
(2) A person who does not possess a current, valid, and unrestricted li- cense pursuant to title 54, Idaho Code, that permits such person to prescribe legend drugs or to perform minor procedures shall not be authorized to do so under a license issued pursuant to this chapter.
(3) If a licensed naturopathic doctor receives licensure in Idaho to practice any profession outlined in section 54-5905, Idaho Code, then the board may allow the licensed naturopathic doctor to incorporate any addi- tional scope of practice provided for in this section or prescriptive rights as provided for in section 54-5907, Idaho Code.
(3) If a licensed naturopathic doctor receives licensure in Idaho to practice any profession identified in section 54-5905(1)(a), Idaho Code, then the board may allow the licensed naturopathic doctor to incorporate any additional scope of practice provided for in this section or prescriptive rights as provided for in section 54-5907, Idaho Code.
However, the board shall not approve an expanded scope of practice pursuant to this subsection if such ad- ditional licensure does not authorize such scope of practice.
However, the board shall not approve an expanded scope of practice pursuant to this subsection if such additional licensure does not authorize such scope of practice.
(4) The scope of practice for a licensed naturopathic doctor shall be established by rule of the board and shall include the following:
(4)(a) The scope of practice for a licensed naturopathic doctor shall be established by rule of the board and shall be limited to the follow- ing:
(a) Diagnosis and treatment of conditions affecting the human body, in- cluding vitamins, minerals, or other natural methods;
(i) Diagnosis and treatment of conditions affecting the human body, including vitamins, minerals, or other natural methods;
(b) Diagnosis and care of patients using a system of practice that bases treatment of physiological functions and abnormal conditions on natu- ral laws governing the human body, including utilizing physiological, psychological, and mechanical methods, electromagnetism, therapeutic exercise, homeopathic medicine, decompression, traction, biofeedback, electrotherapy, physiotherapy, mechanotherapy, naturopathic correc- tions, neurofeedback, natural methods and substances that support hor- monal and cellular health, phytotherapy, and food and herb therapies;
(ii) Diagnosis and care of patients using a system of practice that bases treatment of physiological functions and abnormal conditions on natural laws governing the human body, including utilizing physiological, psychological, and mechanical methods, electromagnetism, therapeutic exercise, homeopathic medicine, decompression, traction, biofeedback, electrotherapy, physio- therapy, mechanotherapy, naturopathic corrections, neurofeed- back, natural methods and substances that support hormonal and cellular health, phytotherapy, and food and herb therapies;
(c) Physical examination procedures and laboratory procedures, in- cluding ordering imaging and diagnostic tests for purposes of diagno- sis;
and (iii) Physical examination procedures and laboratory procedures, including ordering imaging and diagnostic tests for purposes of diagnosis.
and (d) Other practices that may be allowed pursuant to the rules of the board.
(b) Other practices that are consistent with this chapter may be al- lowed pursuant to the rules of the board.
(5) Minor procedures using local anesthetics may be performed only if a licensed naturopathic doctor has had postgraduate surgical training in res- idency, possesses relevant board certification, and is expressly authorized by the board to perform minor procedures.
(5) Minor procedures using local anesthetics may be performed only if a licensed naturopathic doctor has had postgraduate surgical training in res- idency, possesses relevant board certification, is licensed under another chapter of title 54, Idaho Code, that authorizes minor procedures, and is ex- pressly authorized by the board to perform minor procedures.
(6) No licensed naturopathic doctor shall perform minor procedures, prescribe legend drugs, or perform any other action unless otherwise ex- pressly authorized by this chapter or pursuant to the rules of the board.
(6) No licensed naturopathic doctor shall perform minor procedures, prescribe legend drugs, or perform any other action unless otherwise ex- pressly authorized by this chapter and such action is pursuant to the rules of the board.
(a) Currently possesses and maintains a full federal drug enforcement agency (DEA) registration that is in good standing prior to seeking pre- scriptive rights under this license;
(a) Currently possesses and maintains a full federal drug enforcement agency (DEA) registration that is in good standing prior to seeking pre- scriptive rights under his license;
and (b) Has completed at least forty-five (45) credit hours of pharmacology from an institution accredited by the United States department of edu- cation.
(b) Has completed at least forty-five (45) credit hours of pharmacology from an institution accredited by the United States department of edu- cation;
(2) Licensed naturopathic doctors' individual prescriptive rights pursuant to this section shall be limited to all medications, treatments, or any other item to be prescribed that are outlined and approved by the board.
and (c) Possesses a current, valid, and unrestricted license issued pur- suant to title 54, Idaho Code, that permits such person to prescribe legend drugs.
(2) Licensed naturopathic doctors' individual prescriptive rights pursuant to this section shall be limited to all medications, treatments, or any other item to be prescribed as outlined and approved by the board.
Each licensed naturo- pathic doctor must, on an individual basis, receive approval from the board to prescribe as a licensed naturopathic doctor.
Each licensed naturo- pathic doctor must, on an individual basis, receive approval from the board to prescribe legend drugs as a licensed naturopathic doctor.
(2) The scope of practice for a registered naturopath under this chap- ter shall be limited to practices permitted pursuant to section 54-1804(1), Idaho Code.
(2) The scope of practice for a registered naturopath under this chapter shall be limited to practices permitted pursuant to section 54-1804(1)(l), Idaho Code.
(1) The board shall issue and renew licenses or issue and renew registrations to persons who have qualified therefor in accordance with the provisions of this chapter.
(1) The board shall issue and renew licenses or issue and renew registrations to persons who have qualified for such license or registration pursuant to the provisions of this chapter.
(2) The board shall refuse licensure or registration to, revoke the li- cense or registration of, or place restrictions on the licensee or regis- trant if such person:
(2) The board may deny an application for licensure or registration, revoke a license or registration, or place restrictions on a license or reg- istration if the holder of such license or registration or applicant for li- censure or registration:
(f) Fails to, or has previously failed to, adhere to generally accepted standards pursuant to section 54-1804, Idaho Code;
(f) Fails to, or has previously failed to, adhere to the limitations set forth in section 54-1804(1)(l), Idaho Code;
(5) All licenses issued under the provisions of this chapter shall be subject to annual or biennial renewal and shall expire unless renewed in the manner prescribed by the board.
(5) All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner pre- scribed by the board.
License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
License renewal and reinstatement shall be in accor- dance with section 67-2614, Idaho Code.
Each individual licensed or registered under this chapter shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases, reporting and certifying deaths, and all matters per- taining to public health.
Each individual licensed or registered under this chapter shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases and all matters pertaining to public health.
(1) The board shall appoint a formulary committee consisting of one (1) member who is licensed to practice in Idaho as a pharmacist (PharmD), one (1) member who is either a doctor of osteopa- thy or a doctor of medicine, and three (3) members who are either eligible to receive licensure and possess full federal drug enforcement registration in good standing under this chapter or have received licensure under this chap- ter and possess full federal drug enforcement registration and prescriptive rights.
(1) The board shall appoint a formulary committee consisting of one (1) member who is licensed under chapter 18, ti- tle 54, Idaho Code, to practice in Idaho as a pharmacist (PharmD), two (2) members who are either a doctor of osteopathy or a doctor of medicine and who are not licensed under this chapter but are licensed pursuant to Idaho Code, and two (2) members who are licensed under this chapter and possess full fed- eral drug enforcement agency (DEA) registration in good standing.
(2) All members of the formulary committee shall possess a valid and ac- tive federal drug enforcement agency number and be authorized to prescribe within the United States.
(2) All members of the formulary committee shall possess a valid and ac- tive DEA number and be authorized to prescribe within the United States.
After the initial appointments, all terms of appointment shall be three (3) years.
After the initial appointments, all terms of appointment shall be for three (3) years.
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Amendments

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Action History

  1. Signed by Governor on 03/23/22 Session Law Chapter 194 Effective: 07/01/2022

  2. Reported delivered to Governor at 8:10 a.m. on 03/22/22

  3. Reported signed by the Speaker & ordered delivered to Governor

  4. Received from Senate; Signed by Speaker; Returned to Senate

  5. Reported enrolled; signed by President; to House for signature of Speaker

  6. Returned From House Passed; referred to enrolling

  7. Read Third Time in Full – PASSED - 41-28-1AYES – Addis, Amador, Berch, Blanksma, Bundy, Burns, Chew, Clow, Erickson, Ferch, Furniss, Galloway, Gannon, Gestrin, Gibbs, Giddings, Green, Hartgen, Holtzclaw, Kauffman, Kerby, Lickley, Manwaring, Mathias, McCann, McCrostie, Monks, Moon, Moyle, Nash, Necochea, Rubel, Ruchti, Syme, Toone, Troy, Weber, Wood, Yamamoto, Youngblood, Mr. SpeakerNAYS – Adams, Andrus, Armstrong, Barbieri, Boyle, Cannon, Christensen, Crane, DeMordaunt, Dixon, Ehardt(Zollinger), Hanks, Harris, Horman, Kingsley, Marshall, Mendive, Mitchell, Nate, Nichols, Okuniewicz, Palmer, Scott, Shepherd, Skaug, Vander Woude, Wisniewski, YoungAbsent – ChaneyFloor Sponsor - LickleyTitle apvd - to Senate

  8. Read second time; Filed for Third Reading

  9. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

  10. Read First Time, Referred to Health & Welfare

  11. Received from the Senate, Filed for First Reading

  12. Read third time in full as amended – PASSED - 32-1-2AYES – Agenbroad, Anthon, Blair(Johnson), Burgoyne, Burtenshaw, Cook, Crabtree, Grow, Guthrie, Harris, Heider, Lakey, Lee, Lent, Lodge, Martin, Nelson, Nye, Patrick, Rice, Ricks, Riggs, Semmelroth, Souza, Stennett, Thayn, VanOrden(Bair), Vick, Ward-Engelking, Winder, Woodward, ZitoNAYS – Bayer(Bayer)Absent and excused – Den Hartog, WintrowFloor Sponsor - AnthonTitle apvd - to House

  13. Read second time as amended, filed for Third reading

  14. Read first time as amended, filed for Second Reading

  15. Reported engrossed, filed for first reading, as amended

  16. Amendments reported printed

  17. Amendments ordered printed; referred for engrossment

  18. Reported out without recommendation, as amended

  19. Placed in the Committee of the Whole

  20. Reported out of committee; to 14th Order for amendment

  21. Reported Printed; referred to Health & Welfare

  22. Introduced; read first time; referred to JR for Printing

Sponsors

  • HEALTH AND WELFARE COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • HEALTH AND WELFARE COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

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Frequently asked questions

Who sponsors S 1330?
S 1330 is sponsored by HEALTH AND WELFARE COMMITTEE.
What is the current status of S 1330?
This bill has been enacted into law. Introduced February 14, 2022. Enacted.
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