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CS FOR SENATE BILL NO. 44(HSS)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE SENATE HEALTH AND S OCIAL SERVICES COMMITTEE
Offered: 3/8/23
Referred: Labor & Commerce, Finance
Sponsor(s): SENATORS GIESSEL BY REQUEST, Kawasaki, Myers
A BILL
FOR AN ACT ENTITLED
"An Act relating to the practice of naturopathy; establishing the Naturopathy Advisory 1
Board; relating to the licensure of naturopaths; relating to disciplinary sanctions for 2
naturopaths; relating to the Department of Commerce, Community, and Economic 3
Development; and providing for an effective date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 08.02.110(a) is amended to read: 6
(a) An acupuncturist licensed under AS 08.06, an audiologist or speech-7
language pathologist licensed under AS 08.11, a behavior analyst licensed under 8
AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 9
professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 10
or nutritionist licensed under AS 08.38, a naturopath licensed under AS 08.45, a
11
massage therapist licensed under AS 08.61, a marital and family therapist licensed 12
under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry 13
midwife certified under AS 08.65, a registered or advanced practice registered nurse 14 33-LS0297\S
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under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under 1
AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a 2
psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95, 3
shall use as professional identification appropriate letters or a title after that person's 4
name that represents the person's specific field of practice. The letters or title shall 5
appear on all signs, stationery, or other advertising in which the person offers or 6
displays personal professional services to the public. In addition, a person engaged in 7
the practice of medicine or osteopathy as defined in AS 08.64.380, or a person 8
engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels 9
other persons in relation to human health or disease and uses the letters "M.D." or the 10
title "doctor" or "physician" or another title that tends to show that the person is 11
willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the 12
letters or title by adding the appropriate specialist designation, if any, such as 13
"dermatologist," "radiologist," "audiologist," "naturopath," or the like. 14
* Sec. 2. AS 08.45 is amended by adding a new section to read: 15
Sec. 08.45.015. Naturopathy Advisory Board. (a) The Naturopathy Advisory 16
Board is established in the department. 17
(b) The board shall meet at least once each year as requested by the 18
commissioner and provide recommendations to the commissioner on public policy, the 19
adoption of regulations, and other matters related to the exercise of the functions of the 20
department under this chapter. 21
(c) The board consists of five members, who are appointed by and serve at the 22
pleasure of the commissioner, and shall include one public member, two naturopaths 23
licensed under this chapter, one pharmacist, and one doctor of medicine or doctor of 24
osteopathic medicine. The board shall elect a chair from among its membership. 25
(d) Members of the board are appointed for three-year terms and serve until a 26
successor is appointed. A member of the board serves without compensation or 27
reimbursement of expenses. 28
(e) In this section, "commissioner" means the commissioner of commerce, 29
community, and economic development. 30
* Sec. 3. AS 08.45.020 is amended to read: 31 33-LS0297\S
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Sec. 08.45.020. Application for license. A person desiring to practice 1
naturopathy shall 2
(1) apply in writing to the department on a form provided by the 3
department; 4
(2) submit to the department the person's fingerprints and the fees 5
required by the Department of Public Safety under AS 12.62.160 for the 6
department to forward to the Department of Public Safety to obtain a report of 7
criminal justice information under AS 12.62.160 and a national criminal history 8
record check under AS 12.62.400; and 9
(3) pay the application fee established by the department. 10
* Sec. 4. AS 08.45.030 is amended to read: 11
Sec. 08.45.030. Issuance of license. The department shall issue a license to 12
practice naturopathy to an applicant who 13
(1) provides proof satisfactory to the department that the applicant 14
(A) has received a doctoral degree from an accredited 15
naturopathic medical school; 16
(B) has [ACCREDITED FOUR-YEAR COLLEGE OR 17
UNIVERSITY, AND 18
(1) ON OR BEFORE DECE MBER 31, 1987, HAS GRADUATED 19
FROM A SCHOOL OF NATUROPATHY THAT REQUIRED FOUR YEARS OF 20
ATTENDANCE AT THE SCHOOL AND AFTER GRADUATION HAS 21
RECEIVED A LICENSE IN ANOTHER STATE AFTER PASSING AN 22
EXAMINATION FOR LICENSURE IN THAT STATE AND IS LICENSED BY A 23
STATE AT THE TIME OF APPLICATION; OR 24
(2) AFTER DECEMBER 31, 1987, HAS 25
(A) GRADUATED FROM A SCHOOL OF NATUROPATHY 26
THAT REQUIRED FOUR YEARS OF ATTENDANCE AT THE SCHOOL 27
AND AT THE TIME OF GRADUATION THE SCHOOL WAS 28
ACCREDITED OR A CANDIDATE FOR ACCREDITATION BY THE 29
COUNCIL ON NATUROPATHIC MEDICAL EDUCATION OR A 30
SUCCESSOR ORGANIZATION RECOGNIZED BY THE UNITED 31 33-LS0297\S
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STATES DEPARTMENT OF EDUCATION; AND 1
(B)] passed the Naturopathic Physicians Licensing 2
Examination; 3
(2) has passed a pharmaceutical examination approved by the 4
department that is equivalent to any examination of pharmaceutical knowledge 5
required under AS 08.64.210 or 08.64.220; 6
(3) is not subject to an unresolved disciplinary action against a 7
license to practice naturopathy in this or another jurisdiction; 8
(4) complies with the requirements of AS 08.45.020; and 9
(5) has not been convicted of, or pled guilty or no contest to, a 10
crime that adversely reflects on the applicant's ability or competency to practice 11
as a naturopath or that jeopardizes the safety or well-being of a patient. 12
* Sec. 5. AS 08.45 is amended by adding a new section to read: 13
Sec. 08.45.032. Documentation of license refusals and revocations. If the 14
department refuses to issue or revokes a license, the department shall issue a concise 15
written statement describing the reasons for the department's decision. 16
* Sec. 6. AS 08.45.035(a) is amended to read: 17
(a) The department shall issue a temporary license to practice naturopathy to 18
an applicant who 19
(1) has applied for and is qualified to take the next Naturopathic 20
Physicians Licensing Examination offered after the date of application; and 21
(2) [AND PROVIDES PROOF SATISFACTORY TO THE 22
DEPARTMENT THAT THE APPLICANT (1)] meets the requirements of 23
AS 08.45.030(1)(A) and (2) - (5) [AS 08.45.030(2)(A); AND 24
(2) HAS NOT PREVIOUSLY FAILED THE NATUROPATHIC 25
PHYSICIANS LICENSING EXAMINATION]. 26
* Sec. 7. AS 08.45 is amended by adding new sections to read: 27
Sec. 08.45.037. Continuing education requirements. (a) The department 28
shall promote a high degree of competence in the practice of naturopathy in the state 29
by requiring every naturopath licensed under this chapter to fulfill continuing 30
education requirements. 31 33-LS0297\S
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(b) Before a license may be renewed, a naturopath licensed under this chapter 1
shall submit evidence to the department that continuing education requirements 2
prescribed by regulations adopted by the department have been met. Continuing 3
education requirements must be equivalent to the continuing education requirements 4
of a physician assistant under AS 08.64.107 and must also include a requirement that 5
not less than two hours of education in pain management and opioid use and addiction 6
be completed not more than two years before the application for renewal. 7
(c) The department may exempt a naturopath licensed under this chapter from 8
the requirements of (b) of this section upon an application by the naturopath giving 9
evidence satisfactory to the department that the naturopath is unable to comply with 10
the requirements because of extenuating circumstances. However, the department may 11
not exempt a naturopath from 12
(1) more than 15 hours of continuing education in a five-year period; 13
(2) the requirement to receive at least two hours of education in pain 14
management and opioid use and addiction. 15
Sec. 08.45.038. Standards for license renewal. The department shall renew a 16
license issued under this chapter to a licensee who 17
(1) applies on a form provided by the department and pays the required 18
fee; 19
(2) meets the continuing education requirements established under 20
AS 08.45.037; 21
(3) has not been convicted of, or pled guilty or no contest to, a crime 22
that adversely reflects on the applicant's ability or competency to practice as a 23
naturopath or that jeopardizes the safety or well-being of a patient; 24
(4) has a current cardiopulmonary resuscitation certification; and 25
(5) has, at least once in the six years immediately preceding the 26
application, submitted to the department fingerprints and the fees required by the 27
Department of Public Safety under AS 12.62.160 for the department to forward to the 28
Department of Public Safety to obtain a report of criminal justice information under 29
AS 12.62.160 and a national criminal history record check under AS 12.62.400. 30
* Sec. 8. AS 08.45 is amended by adding a new section to read: 31 33-LS0297\S
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Sec. 08.45.045. Practice of naturopathy. (a) A naturopath licensed under this 1
chapter may 2
(1) only provide naturopathic services that are consistent with the 3
standards and scope of naturopathic education, naturopathic training, and the 4
naturopath's experience, as established by regulations adopted by the department; 5
(2) prescribe and administer for preventive and therapeutic purposes 6
(A) natural therapeutic substances, including food, extracts of 7
food, vitamins, minerals, enzymes, whole gland substances, botanical 8
medicines, and homeopathic preparations; 9
(B) natural therapies, including health care counseling, 10
nutritional counseling and dietary therapy, naturopathic manipulation, 11
naturopathic physical applications, and therapeutic devices; 12
(C) vaccines; 13
(D) devices for contraception; and 14
(E) drugs, except as provided in AS 08.45.050, if the 15
naturopath has passed the elective pharmacology examination portion of the 16
Naturopathic Physicians Licensing Examination; 17
(3) perform procedures in the office using operative, electrical, or other 18
methods, including the use of antiseptics and local anesthetics, for the repair and care 19
of superficial lacerations, abrasions, and lesions and the removal of foreign bodies 20
located in the superficial tissues of the human body; the procedures may not include 21
general or spinal anesthetics, major surgery, surgery of the body cavities, plastic 22
surgery, surgery involving the eyes, or surgery involving tendons, ligaments, nerves, 23
or blood vessels; and 24
(4) perform or order for diagnostic purposes a physical or orificial 25
examination, imaging, phlebotomy, a clinical laboratory test or examination, or a 26
physiological function test. 27
(b) In this section, "naturopathic physical application" means the therapeutic 28
use by a naturopath of the actions or devices of electrical muscle stimulation, galvanic 29
treatment, diathermy, imaging, ultraviolet light, constitutional hydrotherapy, and 30
naturopathic manipulative therapy. 31 33-LS0297\S
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* Sec. 9. AS 08.45.050 is amended to read: 1
Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 2
practices naturopathy may not 3
(1) give, prescribe, or recommend in the practice 4
(A) a cancer chemotherapeutic agent [A PRESCRIPTION 5
DRUG]; or 6
(B) a controlled substance; 7
[(C) A POISON;] 8
(2) engage in surgery, except as authorized by AS 08.45.045(a)(3); 9
(3) use the word "physician" in the person's title. 10
* Sec. 10. AS 08.45 is amended by adding new sections to read: 11
Sec. 08.45.053. Public health duties. A naturopath, consistent with the scope 12
of practice provided under this chapter, has the same duty as a physician licensed 13
under AS 08.64 regarding public health laws, reportable diseases and conditions, 14
communicable disease control and prevention, recording of vital statistics, health and 15
physical examinations, and municipal boards of health. 16
Sec. 08.45.055. Duty of naturopaths to report. (a) A naturopath who 17
professionally treats a person licensed to practice naturopathy in this state for 18
alcoholism or drug addiction, or for mental, emotional, or personality disorders, shall 19
report the treatment to the department if the treating naturopath reasonably believes 20
that the person may constitute a danger to the health and welfare of the patients of the 21
person or the public if that person continues in practice. The report must state the 22
name and address of the person and the condition found. 23
(b) Upon receiving a report under (a) of this section, the department shall 24
investigate the matter and, upon a finding that there is reasonable cause to believe that 25
the naturopath who is the subject of the report is a danger to the health or welfare of 26
the public or to the naturopath's patients, the department may appoint a committee of 27
health care professionals to examine the naturopath and report its findings to the 28
department. Notwithstanding the provisions of this subsection, the department may 29
summarily suspend a license under AS 08.45.070(c) before appointing an examining 30
committee or before the committee makes or reports its findings. 31 33-LS0297\S
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(c) If the department finds that a naturopath is unable to continue in practice 1
with reasonable safety to the naturopath's patients or to the public, the department 2
shall initiate action to suspend, revoke, limit, or condition the naturopath's license to 3
the extent necessary for the protection of the naturopath's patients and the public. 4
(d) A naturopath may not refuse to submit a report under this section or 5
withhold from the department or its investigators evidence related to an investigation 6
under this section on the grounds that the report or evidence 7
(1) concerns a matter that was disclosed in the course of a confidential 8
naturopath-patient or psychotherapist-patient relationship or during a meeting of a 9
hospital medical staff, governing body, or committee that was exempt from the public 10
meeting requirements of AS 44.62.310; or 11
(2) is required to be kept confidential under AS 18.23.030. 12
(e) An action may not be brought against a person for damages resulting from 13
a report made in good faith to a public agency by the person or participation by the 14
person in an investigation by a public agency or an administrative or judicial 15
proceeding relating to the report if the report relates to a naturopath licensed under this 16
chapter. 17
Sec. 08.45.058. Naturopaths to report certain injuries. (a) A naturopath who 18
initially treats or attends to a person with an injury described in (b) of this section shall 19
promptly make an oral report of the injury to the Department of Public Safety, a local 20
law enforcement agency, or a village public safety officer. The naturopath shall submit 21
a written report of an injury described in (b)(1) of this section to the Department of 22
Public Safety within three business days after the naturopath provides treatment. A 23
report filed under this subsection must be on a form provided by the Department of 24
Public Safety. 25
(b) A naturopath shall report the following injuries under (a) of this section: 26
(1) second or third degree burns to five percent or more of a patient's 27
body; 28
(2) a bullet wound, powder burn, or other injury apparently caused by 29
the discharge of a firearm; 30
(3) an injury apparently caused by a knife, axe, or other sharp or 31 33-LS0297\S
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pointed instrument, unless the injury was clearly accidental; and 1
(4) an injury that is likely to cause the death of the patient, unless the 2
injury was clearly accidental. 3
(c) A person who, in good faith, makes a report under this section, or who 4
participates in a judicial proceeding related to a report under this section, is immune 5
from any civil or criminal liability that might otherwise be incurred as a result of 6
making the report or participating in the judicial proceeding. 7
* Sec. 11. AS 08.45.060 is amended to read: 8
Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a 9
license. The department may, after a hearing, impose a disciplinary sanction on a 10
person licensed under this chapter when the department finds that the licensee 11
(1) secured a license through deceit, fraud, or intentional 12
misrepresentation; 13
(2) engaged in deceit, fraud, or intentional misrepresentation in the 14
course of providing professional services or engaging in professional activities; 15
(3) advertised professional services in a false or misleading manner; 16
(4) has been convicted, including conviction based on a guilty plea 17
or a plea of nolo contendere, of a 18
(A) class A or unclassified felony or a [OTHER] crime in 19
another jurisdiction with elements similar to a class A or unclassified 20
felony in this jurisdiction; 21
(B) class B or class C felony or a crime in another 22
jurisdiction with elements similar to a class B or class C felony in this 23
jurisdiction if the felony or other crime is substantially related to the 24
qualifications, functions, or duties of the licensee; or 25
(C) crime involving the unlawful procurement, sale, 26
prescription, or dispensing of drugs [THAT AFFECTS THE LICENSEE'S 27
ABILITY TO CONTINUE TO PRACTICE COMPETENTLY AND 28
SAFELY]; 29
(5) failed to comply with this chapter, with a regulation adopted under 30
this chapter, or with an order of the department; 31 33-LS0297\S
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(6) continued to practice after becoming unfit due to 1
(A) professional incompetence; 2
(B) addiction or severe dependency on alcohol or a drug that 3
impairs the licensee's ability to practice safely; 4
(C) physical or mental disability; 5
(7) engaged in unprofessional conduct, in sexual misconduct, or in 6
lewd or immoral conduct in connection with the delivery of professional service to 7
patients; in this paragraph, "sexual misconduct" includes sexual contact, as 8
defined by the department in regulations adopted under this chapter, or 9
attempted sexual contact with a patient outside the scope of generally accepted 10
methods of examination or treatment of the patient, regardless of the patient's 11
consent or lack of consent, during the term of the naturopath-patient 12
relationship, as defined by the department in regulations adopted under this 13
chapter, unless the patient was the licensee's spouse at the time of the contact or, 14
immediately preceding the naturopath-patient relationship, was in a dating, 15
courtship, or engagement relationship with the licensee; 16
(8) has procured, sold, prescribed, or dispensed drugs in violation 17
of a law, regardless of whether there has been a criminal action or harm to a 18
patient; 19
(9) intentionally or negligently permitted the performance of 20
patient care by a person under the licensee's supervision that does not conform to 21
minimum professional standards, even if the patient was not injured; 22
(10) has demonstrated profe ssional incompetence, gross 23
negligence, or repeated negligent conduct; the department may not make a 24
finding of professional incompetence solely on the basis that a licensee's practice 25
is unconventional or experimental in the absence of demonstrable physical harm 26
to a patient; 27
(11) has violated AS 18.16.010; 28
(12) has violated a code of ethics adopted by regulation by the 29
department; 30
(13) has denied care or treatment to a patient or person seeking 31 33-LS0297\S
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assistance from the licensee if the only reason for the denial is the failure or 1
refusal of the patient to agree to arbitrate as provided in AS 09.55.535(a); 2
(14) has had a license or certificate to practice naturopathy in 3
another state or a province or territory of Canada denied, suspended, revoked, 4
surrendered while under investigation for an alleged violation, restricted, limited, 5
conditioned, or placed on probation unless the denial, suspension, revocation, or 6
other action was caused by the failure of the licensee to pay fees to that state, 7
territory, or province; 8
(15) has violated any federal law pertaining to medical practice 9
and drugs. 10
* Sec. 12. AS 08.45.060 is amended by adding a new subsection to read: 11
(b) In a case involving (a)(14) of this section, the final findings of fact, 12
conclusions of law, and order of the authority that suspended or revoked a license or 13
certificate constitutes a prima facie case that the license or certificate was suspended 14
or revoked and the grounds under which the suspension or revocation was granted. 15
* Sec. 13. AS 08.45.070(a) is amended to read: 16
(a) When the department [IT] finds that a licensee under this chapter has 17
violated a provision of this chapter [AS 08.45.040 - 08.45.050] or is guilty of an 18
offense under AS 08.45.060, the department may impose the following sanctions 19
singly or in combination: 20
(1) permanently revoke the license to practice; 21
(2) suspend the license for a determinate period of time; 22
(3) censure the licensee; 23
(4) issue a letter of reprimand to the licensee; 24
(5) place the licensee on probationary status and require the licensee to 25
(A) report regularly to the department on [UPON] matters 26
involving the basis of probation; 27
(B) limit practice to those areas prescribed; 28
(C) continue professional education until a satisfactory degree 29
of skill has been attained in areas determined by the department to need 30
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(6) impose limitations or conditions on the practice of the licensee; 1
(7) impose a civil penalty of not more than $25,000. 2
* Sec. 14. AS 08.45.070 is amended by adding new subsections to read: 3
(d) The department may reinstate a license that has been suspended or revoked 4
if, after a hearing, the department finds that the applicant is able to practice 5
naturopathy with reasonable skill and safety. 6
(e) The department may suspend a license upon receiving a certified copy of 7
evidence that a license to practice naturopathy in another state or a province or 8
territory of Canada has been suspended or revoked. The suspension remains in effect 9
until a hearing is held by the department. 10
(f) The department shall promptly report to the National Practitioner Data 11
Bank maintained by the United States Department of Health and Human Services for 12
inclusion in the data bank license refusals under this chapter and actions taken by the 13
department under this section, including the imposition of a fine and the suspension or 14
surrender of a license. 15
* Sec. 15. AS 08.45 is amended by adding new sections to read: 16
Sec. 08.45.105. Automatic suspension for mental incompetency. 17
Notwithstanding AS 44.62, if a person holding a license to practice naturopathy under 18
this chapter is adjudged mentally incompetent or insane by a final order or 19
adjudication of a court of competent jurisdiction or by voluntary commitment to an 20
institution for the treatment of mental illness, the person's license shall be suspended 21
by the department. The suspension shall continue in effect until the court finds or 22
adjudges that the person has been restored to reason or until a licensed psychiatrist 23
approved by the department determines that the person has been restored to reason. 24
Sec. 08.45.110. Voluntary surrender. The department may accept the 25
voluntary surrender of a license. A license may not be reinstated unless the department 26
determines, under regulations adopted by the department, that the person is competent 27
to resume practice. However, a license may not be reinstated if the voluntary surrender 28
resulted in the dropping or suspension of civil or criminal charges against the licensee. 29
Sec. 08.45.115. Medical and psychiatric examinations. For the purposes of 30
an investigation under this chapter, the department may require a person to whom the 31 33-LS0297\S
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department has issued a license to submit to drug or alcohol testing or a medical or 1
psychiatric examination by a practitioner appointed by the department. An 2
examination shall be at the department's expense. 3
Sec. 08.45.120. Reports relating to malpractice actions and claims. A 4
naturopath licensed under this chapter shall report in writing to the department 5
concerning the outcome of each medical malpractice claim or civil action in which 6
damages have been or are to be paid by or on behalf of the licensee to the claimant or 7
plaintiff, whether by judgment or under a settlement. This report shall be made within 8
30 days after resolution of the claim or termination of the civil action. 9
Sec. 08.45.125. Penalty for practicing without a license. Except for a person 10
licensed or authorized under another chapter of this title who engages in practices for 11
which that person is licensed or authorized under that chapter, a person practicing 12
naturopathy in the state without a valid license is guilty of a class A misdemeanor. 13
Each day of illegal practice is a separate offense. 14
Sec. 08.45.130. Prohibited use of title. A person may not use in connection 15
with the person's name or otherwise assume or advertise a title or description tending 16
to convey the impression that the person is a naturopath licensed under this chapter 17
unless the person is licensed under this chapter. 18
* Sec. 16. AS 08.45.200(3) is repealed and reenacted to read: 19
(3) "naturopathy" means a system of health care practiced by a 20
naturopath for the prevention, diagnosis, and treatment of human health conditions, 21
injury, and disease for the purpose of promoting or restoring health by the support and 22
stimulation of an individual's inherent self-healing processes through education of the 23
individual and the use of natural therapies, therapeutic devices and substances, and 24
other therapeutic interventions consistent with naturopathic medical training. 25
* Sec. 17. AS 08.45.200 is amended by adding new paragraphs to read: 26
(4) "accredited naturopathic medical school" means a college or 27
university and program granting a degree of doctor of naturopathy or naturopathic 28
medicine that is accredited by or is a candidate for accreditation with the Council on 29
Naturopathic Medical Education or another accrediting agency re
cognized by the 30
United States Department of Education; 31 33-LS0297\S
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(5) "naturopath" means a person licensed and authorized to practice 1
naturopathy in the state who, because of specialized education from an accredited 2
naturopathic medical school, is capable of performing acts of medical diagnosis and 3
prescription of therapeutic substances and procedures that are consistent with 4
naturopathic medical education. 5
* Sec. 18. AS 12.62.400(a) is amended to read: 6
(a) To obtain a national criminal history record check for determining a 7
person's qualifications for a license, permit, registration, employment, or position, a 8
person shall submit the person's fingerprints to the department with the fee established 9
by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 10
of Investigation to obtain a national criminal history record check of the person for the 11
purpose of evaluating a person's qualifications for 12
(1) a license or conditional contractor's permit to manufacture, sell, 13
offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 14
under AS 04.09; 15
(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 16
loan originator under AS 06.60; 17
(3) admission to the Alaska Bar Association under AS 08.08; 18
(4) licensure as a collection agency operator under AS 08.24; 19
(5) a certificate of fitness to handle explosives under AS 08.52; 20
(6) licensure as a massage therapist under AS 08.61; 21
(7) licensure to practice nursing or certification as a nurse aide under 22
AS 08.68; 23
(8) certification as a real estate appraiser under AS 08.87; 24
(9) a position involving supervisory or disciplinary power over a minor 25
or dependent adult for which criminal justice information may be released under 26
AS 12.62.160(b)(9); 27
(10) a teacher certificate under AS 14.20; 28
(11) a registration or license to operate a marijuana establishment 29
under AS 17.38; 30
(12) admittance to a police training program under AS 18.65.230 or for 31 33-LS0297\S
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certification as a police officer under AS 18.65.240 if that person's prospective 1
employer does not have access to a criminal justice information system; 2
(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 3
(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 4
(15) licensure as an insurance producer, managing general agent, 5
reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 6
broker, or independent adjuster under AS 21.27; 7
(16) serving and executing process issued by a court by a person 8
designated under AS 22.20.130; 9
(17) a school bus driver license under AS 28.15.046; 10
(18) licensure as an operator or an instructor for a commercial driver 11
training school under AS 28.17; 12
(19) registration as a broker-dealer, agent, investment adviser 13
representative, or investment adviser under AS 45.56.300 - 45.56.350; 14
(20) licensure, license renewal, certification, certification renewal, or 15
payment from the Department of Health of an individual and an entity subject to the 16
requirements for a criminal history check under AS 47.05.310, including 17
(A) a public home care provider described in AS 47.05.017; 18
(B) a provider of home and community-based waiver services 19
financed under AS 47.07.030(c); 20
(C) a case manager to coordinate community mental health 21
services under AS 47.30.530; 22
(D) an entity listed in AS 47.32.010(b) and (c), including an 23
owner, officer, director, member, partner, employee, volunteer, or contractor of 24
an entity; or 25
(E) an individual or entity not described in (A) - (D) of this 26
paragraph that is required by statute or regulation to be licensed or certified by 27
the Department of Health or that is eligible to receive payments, in whole or in 28
part, from the Department of Health to provide for the health, safety, and 29
welfare of persons who are served by the programs administered by the 30
Department of Health; 31 33-LS0297\S
CSSB 44(HSS) -16- SB0044B
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(21) employment as a village public safety officer under AS 18.65.672 1
or certification as a village public safety officer under AS 18.65.682; 2
(22) licensure, license renewal, certification, or certification renewal 3
by the Department of Family and Community Services of an individual or entity, or 4
payment from the Department of Family and Community Services to an individual or 5
entity, subject to the requirements for a criminal history check under AS 47.05.310 for 6
a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 7
including an owner, officer, director, member, partner, employee, volunteer, or 8
contractor of an entity; 9
(23) licensure as a naturopath under AS 08.45. 10
* Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 11
read: 12
TRANSITION: EFFECT ON CURRENT LICENSEES. On and after the effective 13
date of secs. 1 - 18 of this Act, a person who holds a valid license to practice naturopathy on 14
the effective date of secs. 1 - 18 of this Act may continue to engage in the practice of 15
naturopathy under the license until the license expires normally under AS 08.45, as AS 08.45 16
read before the effective date of secs. 1 - 18 of this Act, but shall otherwise comply with 17
AS 08.45, as amended by secs. 1 - 18 of this Act. 18
* Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 19
read: 20
TRANSITION: REGULATIONS. The Department of Commerce, Community, and 21
Economic Development may adopt regulations necessary to implement the changes made by 22
this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 23
before the effective date of the law implemented by the regulation. 24
* Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c). 25
* Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect January 1, 2024. 26