AK
Alaska Senate Bill SB44

Alaska 2023-2024 Regular Session

Alaska Senate Bill SB44 Compare Versions

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10-CS FOR SENATE BILL NO. 44(HSS)
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11+ SENATE BILL NO. 44
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1516
16-BY THE SENATE HEALTH AND S OCIAL SERVICES COMMITTEE
17+BY SENATORS GIESSEL BY REQUEST, Kawasaki, Myers
1718
18-Offered: 3/8/23
19-Referred: Labor & Commerce, Finance
19+Introduced: 1/25/23
20+Referred: Health & Social Services, Labor & Commerce, Finance
2021
21-Sponsor(s): SENATORS GIESSEL BY REQUEST, Kawasaki, Myers
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to the practice of naturopathy; establishing the Naturopathy Advisory 1
2728 Board; relating to the licensure of naturopaths; relating to disciplinary sanctions for 2
2829 naturopaths; relating to the Department of Commerce, Community, and Economic 3
2930 Development; and providing for an effective date." 4
3031 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
3132 * Section 1. AS 08.02.110(a) is amended to read: 6
3233 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech-7
3334 language pathologist licensed under AS 08.11, a behavior analyst licensed under 8
3435 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 9
3536 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 10
3637 or nutritionist licensed under AS 08.38, a naturopath licensed under AS 08.45, a
3738 11
3839 massage therapist licensed under AS 08.61, a marital and family therapist licensed 12
3940 under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry 13
40-midwife certified under AS 08.65, a registered or advanced practice registered nurse 14 33-LS0297\S
41-CSSB 44(HSS) -2- SB0044B
41+midwife certified under AS 08.65, a registered or advanced practice registered nurse 14 33-LS0297\B
42+SB 44 -2- SB0044A
4243 New Text Underlined [DELETED TEXT BRACKETED]
4344
4445 under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under 1
4546 AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a 2
4647 psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95, 3
4748 shall use as professional identification appropriate letters or a title after that person's 4
4849 name that represents the person's specific field of practice. The letters or title shall 5
4950 appear on all signs, stationery, or other advertising in which the person offers or 6
5051 displays personal professional services to the public. In addition, a person engaged in 7
5152 the practice of medicine or osteopathy as defined in AS 08.64.380, or a person 8
5253 engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels 9
5354 other persons in relation to human health or disease and uses the letters "M.D." or the 10
5455 title "doctor" or "physician" or another title that tends to show that the person is 11
5556 willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the 12
5657 letters or title by adding the appropriate specialist designation, if any, such as 13
5758 "dermatologist," "radiologist," "audiologist," "naturopath," or the like. 14
5859 * Sec. 2. AS 08.45 is amended by adding a new section to read: 15
5960 Sec. 08.45.015. Naturopathy Advisory Board. (a) The Naturopathy Advisory 16
6061 Board is established in the department. 17
6162 (b) The board shall meet at least once each year as requested by the 18
6263 commissioner and provide recommendations to the commissioner on public policy, the 19
6364 adoption of regulations, and other matters related to the exercise of the functions of the 20
6465 department under this chapter. 21
6566 (c) The board consists of five members, who are appointed by and serve at the 22
66-pleasure of the commissioner, and shall include one public member, two naturopaths 23
67-licensed under this chapter, one pharmacist, and one doctor of medicine or doctor of 24
68-osteopathic medicine. The board shall elect a chair from among its membership. 25
67+pleasure of the commissioner, and shall include two public members and three 23
68+naturopaths licensed under this chapter. The board shall elect a chair from among its 24
69+membership. 25
6970 (d) Members of the board are appointed for three-year terms and serve until a 26
7071 successor is appointed. A member of the board serves without compensation or 27
7172 reimbursement of expenses. 28
7273 (e) In this section, "commissioner" means the commissioner of commerce, 29
7374 community, and economic development. 30
74- * Sec. 3. AS 08.45.020 is amended to read: 31 33-LS0297\S
75-SB0044B -3- CSSB 44(HSS)
75+ * Sec. 3. AS 08.45.020 is amended to read: 31 33-LS0297\B
76+SB0044A -3- SB 44
7677 New Text Underlined [DELETED TEXT BRACKETED]
7778
7879 Sec. 08.45.020. Application for license. A person desiring to practice 1
7980 naturopathy shall 2
8081 (1) apply in writing to the department on a form provided by the 3
8182 department; 4
8283 (2) submit to the department the person's fingerprints and the fees 5
8384 required by the Department of Public Safety under AS 12.62.160 for the 6
8485 department to forward to the Department of Public Safety to obtain a report of 7
8586 criminal justice information under AS 12.62.160 and a national criminal history 8
8687 record check under AS 12.62.400; and 9
8788 (3) pay the application fee established by the department. 10
8889 * Sec. 4. AS 08.45.030 is amended to read: 11
8990 Sec. 08.45.030. Issuance of license. The department shall issue a license to 12
9091 practice naturopathy to an applicant who 13
9192 (1) provides proof satisfactory to the department that the applicant 14
9293 (A) has received a doctoral degree from an accredited 15
9394 naturopathic medical school; 16
9495 (B) has [ACCREDITED FOUR-YEAR COLLEGE OR 17
9596 UNIVERSITY, AND 18
9697 (1) ON OR BEFORE DECE MBER 31, 1987, HAS GRADUATED 19
9798 FROM A SCHOOL OF NATUROPATHY THAT REQUIRED FOUR YEARS OF 20
9899 ATTENDANCE AT THE SCHOOL AND AFTER GRADUATION HAS 21
99100 RECEIVED A LICENSE IN ANOTHER STATE AFTER PASSING AN 22
100101 EXAMINATION FOR LICENSURE IN THAT STATE AND IS LICENSED BY A 23
101102 STATE AT THE TIME OF APPLICATION; OR 24
102103 (2) AFTER DECEMBER 31, 1987, HAS 25
103104 (A) GRADUATED FROM A SCHOOL OF NATUROPATHY 26
104105 THAT REQUIRED FOUR YEARS OF ATTENDANCE AT THE SCHOOL 27
105106 AND AT THE TIME OF GRADUATION THE SCHOOL WAS 28
106107 ACCREDITED OR A CANDIDATE FOR ACCREDITATION BY THE 29
107108 COUNCIL ON NATUROPATHIC MEDICAL EDUCATION OR A 30
108-SUCCESSOR ORGANIZATION RECOGNIZED BY THE UNITED 31 33-LS0297\S
109-CSSB 44(HSS) -4- SB0044B
109+SUCCESSOR ORGANIZATION RECOGNIZED BY THE UNITED 31 33-LS0297\B
110+SB 44 -4- SB0044A
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111112
112113 STATES DEPARTMENT OF EDUCATION; AND 1
113114 (B)] passed the Naturopathic Physicians Licensing 2
114115 Examination; 3
115-(2) has passed a pharmaceutical examination approved by the 4
116-department that is equivalent to any examination of pharmaceutical knowledge 5
117-required under AS 08.64.210 or 08.64.220; 6
118-(3) is not subject to an unresolved disciplinary action against a 7
119-license to practice naturopathy in this or another jurisdiction; 8
120-(4) complies with the requirements of AS 08.45.020; and 9
121-(5) has not been convicted of, or pled guilty or no contest to, a 10
122-crime that adversely reflects on the applicant's ability or competency to practice 11
123-as a naturopath or that jeopardizes the safety or well-being of a patient. 12
124- * Sec. 5. AS 08.45 is amended by adding a new section to read: 13
125-Sec. 08.45.032. Documentation of license refusals and revocations. If the 14
126-department refuses to issue or revokes a license, the department shall issue a concise 15
127-written statement describing the reasons for the department's decision. 16
128- * Sec. 6. AS 08.45.035(a) is amended to read: 17
129-(a) The department shall issue a temporary license to practice naturopathy to 18
130-an applicant who 19
131-(1) has applied for and is qualified to take the next Naturopathic 20
132-Physicians Licensing Examination offered after the date of application; and 21
133-(2) [AND PROVIDES PROOF SATISFACTORY TO THE 22
134-DEPARTMENT THAT THE APPLICANT (1)] meets the requirements of 23
135-AS 08.45.030(1)(A) and (2) - (5) [AS 08.45.030(2)(A); AND 24
136-(2) HAS NOT PREVIOUSLY FAILED THE NATUROPATHIC 25
137-PHYSICIANS LICENSING EXAMINATION]. 26
138- * Sec. 7. AS 08.45 is amended by adding new sections to read: 27
139-Sec. 08.45.037. Continuing education requirements. (a) The department 28
140-shall promote a high degree of competence in the practice of naturopathy in the state 29
141-by requiring every naturopath licensed under this chapter to fulfill continuing 30
142-education requirements. 31 33-LS0297\S
143-SB0044B -5- CSSB 44(HSS)
116+(2) has completed a two-year naturopathic externship program; 4
117+(3) has passed a pharmaceutical examination approved by the 5
118+department that is equivalent to any examination of pharmaceutical knowledge 6
119+required under AS 08.64.210 or 08.64.220; 7
120+(4) is not subject to an unresolved disciplinary action against a 8
121+license to practice naturopathy in this or another jurisdiction; 9
122+(5) complies with the requirements of AS 08.45.020; and 10
123+(6) has not been convicted of, or pled guilty or no contest to, a 11
124+crime that adversely reflects on the applicant's ability or competency to practice 12
125+as a naturopath or that jeopardizes the safety or well-being of a patient. 13
126+ * Sec. 5. AS 08.45 is amended by adding a new section to read: 14
127+Sec. 08.45.032. Documentation of license refusals and revocations. If the 15
128+department refuses to issue or revokes a license, the department shall issue a concise 16
129+written statement describing the reasons for the department's decision. 17
130+ * Sec. 6. AS 08.45.035(a) is amended to read: 18
131+(a) The department shall issue a temporary license to practice naturopathy to 19
132+an applicant who 20
133+(1) has applied for and is qualified to take the next Naturopathic 21
134+Physicians Licensing Examination offered after the date of application; and 22
135+(2) [AND PROVIDES PROOF SATISFACTORY TO THE 23
136+DEPARTMENT THAT THE APPLICANT (1)] meets the requirements of 24
137+AS 08.45.030(1)(A) and (2) - (6) [AS 08.45.030(2)(A); AND 25
138+(2) HAS NOT PREVIOUSLY FAILED THE NATUROPATHIC 26
139+PHYSICIANS LICENSING EXAMINATION]. 27
140+ * Sec. 7. AS 08.45 is amended by adding new sections to read: 28
141+Sec. 08.45.037. Continuing education requirements. (a) The department 29
142+shall promote a high degree of competence in the practice of naturopathy in the state 30
143+by requiring every naturopath licensed under this chapter to fulfill continuing 31 33-LS0297\B
144+SB0044A -5- SB 44
144145 New Text Underlined [DELETED TEXT BRACKETED]
145146
146-(b) Before a license may be renewed, a naturopath licensed under this chapter 1
147-shall submit evidence to the department that continuing education requirements 2
148-prescribed by regulations adopted by the department have been met. Continuing 3
149-education requirements must be equivalent to the continuing education requirements 4
150-of a physician assistant under AS 08.64.107 and must also include a requirement that 5
151-not less than two hours of education in pain management and opioid use and addiction 6
152-be completed not more than two years before the application for renewal. 7
153-(c) The department may exempt a naturopath licensed under this chapter from 8
154-the requirements of (b) of this section upon an application by the naturopath giving 9
155-evidence satisfactory to the department that the naturopath is unable to comply with 10
156-the requirements because of extenuating circumstances. However, the department may 11
157-not exempt a naturopath from 12
158-(1) more than 15 hours of continuing education in a five-year period; 13
159-(2) the requirement to receive at least two hours of education in pain 14
160-management and opioid use and addiction. 15
161-Sec. 08.45.038. Standards for license renewal. The department shall renew a 16
162-license issued under this chapter to a licensee who 17
163-(1) applies on a form provided by the department and pays the required 18
164-fee; 19
165-(2) meets the continuing education requirements established under 20
166-AS 08.45.037; 21
167-(3) has not been convicted of, or pled guilty or no contest to, a crime 22
168-that adversely reflects on the applicant's ability or competency to practice as a 23
169-naturopath or that jeopardizes the safety or well-being of a patient; 24
170-(4) has a current cardiopulmonary resuscitation certification; and 25
171-(5) has, at least once in the six years immediately preceding the 26
172-application, submitted to the department fingerprints and the fees required by the 27
173-Department of Public Safety under AS 12.62.160 for the department to forward to the 28
174-Department of Public Safety to obtain a report of criminal justice information under 29
175-AS 12.62.160 and a national criminal history record check under AS 12.62.400. 30
176- * Sec. 8. AS 08.45 is amended by adding a new section to read: 31 33-LS0297\S
177-CSSB 44(HSS) -6- SB0044B
147+education requirements. 1
148+(b) Before a license may be renewed, a naturopath licensed under this chapter 2
149+shall submit evidence to the department that continuing education requirements 3
150+prescribed by regulations adopted by the department have been met. Continuing 4
151+education requirements must be equivalent to the continuing education requirements 5
152+of a physician assistant under AS 08.64.107 and must also include a requirement that 6
153+not less than two hours of education in pain management and opioid use and addiction 7
154+be completed not more than two years before the application for renewal. 8
155+(c) The department may exempt a naturopath licensed under this chapter from 9
156+the requirements of (b) of this section upon an application by the naturopath giving 10
157+evidence satisfactory to the department that the naturopath is unable to comply with 11
158+the requirements because of extenuating circumstances. However, the department may 12
159+not exempt a naturopath from 13
160+(1) more than 15 hours of continuing education in a five-year period; 14
161+(2) the requirement to receive at least two hours of education in pain 15
162+management and opioid use and addiction. 16
163+Sec. 08.45.038. Standards for license renewal. The department shall renew a 17
164+license issued under this chapter to a licensee who 18
165+(1) applies on a form provided by the department and pays the required 19
166+fee; 20
167+(2) meets the continuing education requirements established under 21
168+AS 08.45.037; 22
169+(3) has not been convicted of, or pled guilty or no contest to, a crime 23
170+that adversely reflects on the applicant's ability or competency to practice as a 24
171+naturopath or that jeopardizes the safety or well-being of a patient; 25
172+(4) has a current cardiopulmonary resuscitation certification; and 26
173+(5) has, at least once in the six years immediately preceding the 27
174+application, submitted to the department fingerprints and the fees required by the 28
175+Department of Public Safety under AS 12.62.160 for the department to forward to the 29
176+Department of Public Safety to obtain a report of criminal justice information under 30
177+AS 12.62.160 and a national criminal history record check under
178+ AS 12.62.400. 31 33-LS0297\B
179+SB 44 -6- SB0044A
178180 New Text Underlined [DELETED TEXT BRACKETED]
179181
180-Sec. 08.45.045. Practice of naturopathy. (a) A naturopath licensed under this 1
181-chapter may 2
182-(1) only provide naturopathic services that are consistent with the 3
183-standards and scope of naturopathic education, naturopathic training, and the 4
184-naturopath's experience, as established by regulations adopted by the department; 5
185-(2) prescribe and administer for preventive and therapeutic purposes 6
186-(A) natural therapeutic substances, including food, extracts of 7
187-food, vitamins, minerals, enzymes, whole gland substances, botanical 8
188-medicines, and homeopathic preparations; 9
189-(B) natural therapies, including health care counseling, 10
190-nutritional counseling and dietary therapy, naturopathic manipulation, 11
191-naturopathic physical applications, and therapeutic devices; 12
192-(C) vaccines; 13
193-(D) devices for contraception; and 14
194-(E) drugs, except as provided in AS 08.45.050, if the 15
182+ * Sec. 8. AS 08.45 is amended by adding a new section to read: 1
183+Sec. 08.45.045. Practice of naturopathy. (a) A naturopath licensed under this 2
184+chapter may 3
185+(1) only provide naturopathic services that are consistent with the 4
186+standards and scope of naturopathic education, naturopathic training, and the 5
187+naturopath's experience, as established by regulations adopted by the department; 6
188+(2) prescribe and administer for preventive and therapeutic purposes 7
189+(A) natural therapeutic substances, including food, extracts of 8
190+food, vitamins, minerals, enzymes, whole gland substances, botanical 9
191+medicines, and homeopathic preparations; 10
192+(B) natural therapies, including health care counseling, 11
193+nutritional counseling and dietary therapy, naturopathic manipulation, 12
194+naturopathic physical applications, and therapeutic devices; 13
195+(C) devices for contraception; and 14
196+(D) drugs, except as provided in AS 08.45.050, if the 15
195197 naturopath has passed the elective pharmacology examination portion of the 16
196198 Naturopathic Physicians Licensing Examination; 17
197199 (3) perform procedures in the office using operative, electrical, or other 18
198-methods, including the use of antiseptics and local anesthetics, for the repair and care 19
199-of superficial lacerations, abrasions, and lesions and the removal of foreign bodies 20
200-located in the superficial tissues of the human body; the procedures may not include 21
201-general or spinal anesthetics, major surgery, surgery of the body cavities, plastic 22
202-surgery, surgery involving the eyes, or surgery involving tendons, ligaments, nerves, 23
203-or blood vessels; and 24
200+methods, including the use of antiseptics and local anesthetics, for the surgical repair 19
201+and care of superficial lacerations, abrasions, and lesions and the removal of foreign 20
202+bodies located in the superficial tissues of the human body; the procedures may not 21
203+include general or spinal anesthetics, major surgery, surgery of the body cavities, 22
204+plastic surgery, surgery involving the eyes, or surgery involving tendons, ligaments, 23
205+nerves, or blood vessels; and 24
204206 (4) perform or order for diagnostic purposes a physical or orificial 25
205-examination, imaging, phlebotomy, a clinical laboratory test or examination, or a 26
207+examination, an ultrasound, phlebotomy, a clinical laboratory test or examination, or a 26
206208 physiological function test. 27
207209 (b) In this section, "naturopathic physical application" means the therapeutic 28
208210 use by a naturopath of the actions or devices of electrical muscle stimulation, galvanic 29
209-treatment, diathermy, imaging, ultraviolet light, constitutional hydrotherapy, and 30
210-naturopathic manipulative therapy. 31 33-LS0297\S
211-SB0044B -7- CSSB 44(HSS)
211+treatment, diathermy, ultrasound, ultraviolet light, constitutional hydrotherapy, and 30
212+naturopathic manipulative therapy. 31 33-LS0297\B
213+SB0044A -7- SB 44
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213215
214216 * Sec. 9. AS 08.45.050 is amended to read: 1
215217 Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 2
216218 practices naturopathy may not 3
217219 (1) give, prescribe, or recommend in the practice 4
218220 (A) a cancer chemotherapeutic agent [A PRESCRIPTION 5
219221 DRUG]; or 6
220222 (B) a controlled substance; 7
221223 [(C) A POISON;] 8
222224 (2) engage in surgery, except as authorized by AS 08.45.045(a)(3); 9
223225 (3) use the word "physician" in the person's title. 10
224226 * Sec. 10. AS 08.45 is amended by adding new sections to read: 11
225227 Sec. 08.45.053. Public health duties. A naturopath, consistent with the scope 12
226228 of practice provided under this chapter, has the same duty as a physician licensed 13
227229 under AS 08.64 regarding public health laws, reportable diseases and conditions, 14
228230 communicable disease control and prevention, recording of vital statistics, health and 15
229231 physical examinations, and municipal boards of health. 16
230232 Sec. 08.45.055. Duty of naturopaths to report. (a) A naturopath who 17
231233 professionally treats a person licensed to practice naturopathy in this state for 18
232234 alcoholism or drug addiction, or for mental, emotional, or personality disorders, shall 19
233235 report the treatment to the department if the treating naturopath reasonably believes 20
234236 that the person may constitute a danger to the health and welfare of the patients of the 21
235237 person or the public if that person continues in practice. The report must state the 22
236238 name and address of the person and the condition found. 23
237239 (b) Upon receiving a report under (a) of this section, the department shall 24
238240 investigate the matter and, upon a finding that there is reasonable cause to believe that 25
239241 the naturopath who is the subject of the report is a danger to the health or welfare of 26
240242 the public or to the naturopath's patients, the department may appoint a committee of 27
241243 health care professionals to examine the naturopath and report its findings to the 28
242244 department. Notwithstanding the provisions of this subsection, the department may 29
243245 summarily suspend a license under AS 08.45.070(c) before appointing an examining 30
244-committee or before the committee makes or reports its findings. 31 33-LS0297\S
245-CSSB 44(HSS) -8- SB0044B
246+committee or before the committee makes or reports its findings. 31 33-LS0297\B
247+SB 44 -8- SB0044A
246248 New Text Underlined [DELETED TEXT BRACKETED]
247249
248250 (c) If the department finds that a naturopath is unable to continue in practice 1
249251 with reasonable safety to the naturopath's patients or to the public, the department 2
250252 shall initiate action to suspend, revoke, limit, or condition the naturopath's license to 3
251253 the extent necessary for the protection of the naturopath's patients and the public. 4
252254 (d) A naturopath may not refuse to submit a report under this section or 5
253255 withhold from the department or its investigators evidence related to an investigation 6
254256 under this section on the grounds that the report or evidence 7
255257 (1) concerns a matter that was disclosed in the course of a confidential 8
256258 naturopath-patient or psychotherapist-patient relationship or during a meeting of a 9
257259 hospital medical staff, governing body, or committee that was exempt from the public 10
258260 meeting requirements of AS 44.62.310; or 11
259261 (2) is required to be kept confidential under AS 18.23.030. 12
260262 (e) An action may not be brought against a person for damages resulting from 13
261263 a report made in good faith to a public agency by the person or participation by the 14
262264 person in an investigation by a public agency or an administrative or judicial 15
263265 proceeding relating to the report if the report relates to a naturopath licensed under this 16
264266 chapter. 17
265267 Sec. 08.45.058. Naturopaths to report certain injuries. (a) A naturopath who 18
266268 initially treats or attends to a person with an injury described in (b) of this section shall 19
267269 promptly make an oral report of the injury to the Department of Public Safety, a local 20
268270 law enforcement agency, or a village public safety officer. The naturopath shall submit 21
269271 a written report of an injury described in (b)(1) of this section to the Department of 22
270272 Public Safety within three business days after the naturopath provides treatment. A 23
271273 report filed under this subsection must be on a form provided by the Department of 24
272274 Public Safety. 25
273275 (b) A naturopath shall report the following injuries under (a) of this section: 26
274276 (1) second or third degree burns to five percent or more of a patient's 27
275277 body; 28
276278 (2) a bullet wound, powder burn, or other injury apparently caused by 29
277279 the discharge of a firearm; 30
278-(3) an injury apparently caused by a knife, axe, or other sharp or 31 33-LS0297\S
279-SB0044B -9- CSSB 44(HSS)
280+(3) an injury apparently caused by a knife, axe, or other sharp or 31 33-LS0297\B
281+SB0044A -9- SB 44
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281283
282284 pointed instrument, unless the injury was clearly accidental; and 1
283285 (4) an injury that is likely to cause the death of the patient, unless the 2
284286 injury was clearly accidental. 3
285287 (c) A person who, in good faith, makes a report under this section, or who 4
286288 participates in a judicial proceeding related to a report under this section, is immune 5
287289 from any civil or criminal liability that might otherwise be incurred as a result of 6
288290 making the report or participating in the judicial proceeding. 7
289291 * Sec. 11. AS 08.45.060 is amended to read: 8
290292 Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a 9
291293 license. The department may, after a hearing, impose a disciplinary sanction on a 10
292294 person licensed under this chapter when the department finds that the licensee 11
293295 (1) secured a license through deceit, fraud, or intentional 12
294296 misrepresentation; 13
295297 (2) engaged in deceit, fraud, or intentional misrepresentation in the 14
296298 course of providing professional services or engaging in professional activities; 15
297299 (3) advertised professional services in a false or misleading manner; 16
298300 (4) has been convicted, including conviction based on a guilty plea 17
299301 or a plea of nolo contendere, of a 18
300302 (A) class A or unclassified felony or a [OTHER] crime in 19
301303 another jurisdiction with elements similar to a class A or unclassified 20
302304 felony in this jurisdiction; 21
303305 (B) class B or class C felony or a crime in another 22
304306 jurisdiction with elements similar to a class B or class C felony in this 23
305307 jurisdiction if the felony or other crime is substantially related to the 24
306308 qualifications, functions, or duties of the licensee; or 25
307309 (C) crime involving the unlawful procurement, sale, 26
308310 prescription, or dispensing of drugs [THAT AFFECTS THE LICENSEE'S 27
309311 ABILITY TO CONTINUE TO PRACTICE COMPETENTLY AND 28
310312 SAFELY]; 29
311313 (5) failed to comply with this chapter, with a regulation adopted under 30
312-this chapter, or with an order of the department; 31 33-LS0297\S
313-CSSB 44(HSS) -10- SB0044B
314+this chapter, or with an order of the department; 31 33-LS0297\B
315+SB 44 -10- SB0044A
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316318 (6) continued to practice after becoming unfit due to 1
317319 (A) professional incompetence; 2
318320 (B) addiction or severe dependency on alcohol or a drug that 3
319321 impairs the licensee's ability to practice safely; 4
320322 (C) physical or mental disability; 5
321323 (7) engaged in unprofessional conduct, in sexual misconduct, or in 6
322324 lewd or immoral conduct in connection with the delivery of professional service to 7
323325 patients; in this paragraph, "sexual misconduct" includes sexual contact, as 8
324326 defined by the department in regulations adopted under this chapter, or 9
325327 attempted sexual contact with a patient outside the scope of generally accepted 10
326328 methods of examination or treatment of the patient, regardless of the patient's 11
327329 consent or lack of consent, during the term of the naturopath-patient 12
328330 relationship, as defined by the department in regulations adopted under this 13
329331 chapter, unless the patient was the licensee's spouse at the time of the contact or, 14
330332 immediately preceding the naturopath-patient relationship, was in a dating, 15
331333 courtship, or engagement relationship with the licensee; 16
332334 (8) has procured, sold, prescribed, or dispensed drugs in violation 17
333335 of a law, regardless of whether there has been a criminal action or harm to a 18
334336 patient; 19
335337 (9) intentionally or negligently permitted the performance of 20
336338 patient care by a person under the licensee's supervision that does not conform to 21
337339 minimum professional standards, even if the patient was not injured; 22
338340 (10) has demonstrated profe ssional incompetence, gross 23
339341 negligence, or repeated negligent conduct; the department may not make a 24
340342 finding of professional incompetence solely on the basis that a licensee's practice 25
341343 is unconventional or experimental in the absence of demonstrable physical harm 26
342344 to a patient; 27
343345 (11) has violated AS 18.16.010; 28
344346 (12) has violated a code of ethics adopted by regulation by the 29
345347 department; 30
346-(13) has denied care or treatment to a patient or person seeking 31 33-LS0297\S
347-SB0044B -11- CSSB 44(HSS)
348+(13) has denied care or treatment to a patient or person seeking 31 33-LS0297\B
349+SB0044A -11- SB 44
348350 New Text Underlined [DELETED TEXT BRACKETED]
349351
350352 assistance from the licensee if the only reason for the denial is the failure or 1
351353 refusal of the patient to agree to arbitrate as provided in AS 09.55.535(a); 2
352354 (14) has had a license or certificate to practice naturopathy in 3
353355 another state or a province or territory of Canada denied, suspended, revoked, 4
354356 surrendered while under investigation for an alleged violation, restricted, limited, 5
355357 conditioned, or placed on probation unless the denial, suspension, revocation, or 6
356358 other action was caused by the failure of the licensee to pay fees to that state, 7
357359 territory, or province; 8
358360 (15) has violated any federal law pertaining to medical practice 9
359361 and drugs. 10
360362 * Sec. 12. AS 08.45.060 is amended by adding a new subsection to read: 11
361363 (b) In a case involving (a)(14) of this section, the final findings of fact, 12
362364 conclusions of law, and order of the authority that suspended or revoked a license or 13
363365 certificate constitutes a prima facie case that the license or certificate was suspended 14
364366 or revoked and the grounds under which the suspension or revocation was granted. 15
365367 * Sec. 13. AS 08.45.070(a) is amended to read: 16
366368 (a) When the department [IT] finds that a licensee under this chapter has 17
367369 violated a provision of this chapter [AS 08.45.040 - 08.45.050] or is guilty of an 18
368370 offense under AS 08.45.060, the department may impose the following sanctions 19
369371 singly or in combination: 20
370372 (1) permanently revoke the license to practice; 21
371373 (2) suspend the license for a determinate period of time; 22
372374 (3) censure the licensee; 23
373375 (4) issue a letter of reprimand to the licensee; 24
374376 (5) place the licensee on probationary status and require the licensee to 25
375377 (A) report regularly to the department on [UPON] matters 26
376378 involving the basis of probation; 27
377379 (B) limit practice to those areas prescribed; 28
378380 (C) continue professional education until a satisfactory degree 29
379381 of skill has been attained in areas determined by the department to need 30
380-improvement; 31 33-LS0297\S
381-CSSB 44(HSS) -12- SB0044B
382+improvement; 31 33-LS0297\B
383+SB 44 -12- SB0044A
382384 New Text Underlined [DELETED TEXT BRACKETED]
383385
384386 (6) impose limitations or conditions on the practice of the licensee; 1
385387 (7) impose a civil penalty of not more than $25,000. 2
386388 * Sec. 14. AS 08.45.070 is amended by adding new subsections to read: 3
387389 (d) The department may reinstate a license that has been suspended or revoked 4
388390 if, after a hearing, the department finds that the applicant is able to practice 5
389391 naturopathy with reasonable skill and safety. 6
390392 (e) The department may suspend a license upon receiving a certified copy of 7
391393 evidence that a license to practice naturopathy in another state or a province or 8
392394 territory of Canada has been suspended or revoked. The suspension remains in effect 9
393395 until a hearing is held by the department. 10
394396 (f) The department shall promptly report to the National Practitioner Data 11
395397 Bank maintained by the United States Department of Health and Human Services for 12
396398 inclusion in the data bank license refusals under this chapter and actions taken by the 13
397399 department under this section, including the imposition of a fine and the suspension or 14
398400 surrender of a license. 15
399401 * Sec. 15. AS 08.45 is amended by adding new sections to read: 16
400402 Sec. 08.45.105. Automatic suspension for mental incompetency. 17
401403 Notwithstanding AS 44.62, if a person holding a license to practice naturopathy under 18
402404 this chapter is adjudged mentally incompetent or insane by a final order or 19
403405 adjudication of a court of competent jurisdiction or by voluntary commitment to an 20
404406 institution for the treatment of mental illness, the person's license shall be suspended 21
405407 by the department. The suspension shall continue in effect until the court finds or 22
406408 adjudges that the person has been restored to reason or until a licensed psychiatrist 23
407409 approved by the department determines that the person has been restored to reason. 24
408410 Sec. 08.45.110. Voluntary surrender. The department may accept the 25
409411 voluntary surrender of a license. A license may not be reinstated unless the department 26
410412 determines, under regulations adopted by the department, that the person is competent 27
411413 to resume practice. However, a license may not be reinstated if the voluntary surrender 28
412414 resulted in the dropping or suspension of civil or criminal charges against the licensee. 29
413415 Sec. 08.45.115. Medical and psychiatric examinations. For the purposes of 30
414-an investigation under this chapter, the department may require a person to whom the 31 33-LS0297\S
415-SB0044B -13- CSSB 44(HSS)
416+an investigation under this chapter, the department may require a person to whom the 31 33-LS0297\B
417+SB0044A -13- SB 44
416418 New Text Underlined [DELETED TEXT BRACKETED]
417419
418420 department has issued a license to submit to drug or alcohol testing or a medical or 1
419421 psychiatric examination by a practitioner appointed by the department. An 2
420422 examination shall be at the department's expense. 3
421423 Sec. 08.45.120. Reports relating to malpractice actions and claims. A 4
422424 naturopath licensed under this chapter shall report in writing to the department 5
423425 concerning the outcome of each medical malpractice claim or civil action in which 6
424426 damages have been or are to be paid by or on behalf of the licensee to the claimant or 7
425427 plaintiff, whether by judgment or under a settlement. This report shall be made within 8
426428 30 days after resolution of the claim or termination of the civil action. 9
427429 Sec. 08.45.125. Penalty for practicing without a license. Except for a person 10
428430 licensed or authorized under another chapter of this title who engages in practices for 11
429431 which that person is licensed or authorized under that chapter, a person practicing 12
430432 naturopathy in the state without a valid license is guilty of a class A misdemeanor. 13
431433 Each day of illegal practice is a separate offense. 14
432434 Sec. 08.45.130. Prohibited use of title. A person may not use in connection 15
433435 with the person's name or otherwise assume or advertise a title or description tending 16
434436 to convey the impression that the person is a naturopath licensed under this chapter 17
435437 unless the person is licensed under this chapter. 18
436438 * Sec. 16. AS 08.45.200(3) is repealed and reenacted to read: 19
437439 (3) "naturopathy" means a system of health care practiced by a 20
438440 naturopath for the prevention, diagnosis, and treatment of human health conditions, 21
439441 injury, and disease for the purpose of promoting or restoring health by the support and 22
440442 stimulation of an individual's inherent self-healing processes through education of the 23
441443 individual and the use of natural therapies, therapeutic devices and substances, and 24
442444 other therapeutic interventions consistent with naturopathic medical training. 25
443445 * Sec. 17. AS 08.45.200 is amended by adding new paragraphs to read: 26
444446 (4) "accredited naturopathic medical school" means a college or 27
445447 university and program granting a degree of doctor of naturopathy or naturopathic 28
446448 medicine that is accredited by or is a candidate for accreditation with the Council on 29
447449 Naturopathic Medical Education or another accrediting agency re
448450 cognized by the 30
449-United States Department of Education; 31 33-LS0297\S
450-CSSB 44(HSS) -14- SB0044B
451+United States Department of Education; 31 33-LS0297\B
452+SB 44 -14- SB0044A
451453 New Text Underlined [DELETED TEXT BRACKETED]
452454
453455 (5) "naturopath" means a person licensed and authorized to practice 1
454456 naturopathy in the state who, because of specialized education from an accredited 2
455457 naturopathic medical school, is capable of performing acts of medical diagnosis and 3
456458 prescription of therapeutic substances and procedures that are consistent with 4
457459 naturopathic medical education. 5
458460 * Sec. 18. AS 12.62.400(a) is amended to read: 6
459461 (a) To obtain a national criminal history record check for determining a 7
460462 person's qualifications for a license, permit, registration, employment, or position, a 8
461463 person shall submit the person's fingerprints to the department with the fee established 9
462464 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 10
463465 of Investigation to obtain a national criminal history record check of the person for the 11
464466 purpose of evaluating a person's qualifications for 12
465467 (1) a license or conditional contractor's permit to manufacture, sell, 13
466468 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 14
467469 under AS 04.09; 15
468470 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 16
469471 loan originator under AS 06.60; 17
470472 (3) admission to the Alaska Bar Association under AS 08.08; 18
471473 (4) licensure as a collection agency operator under AS 08.24; 19
472474 (5) a certificate of fitness to handle explosives under AS 08.52; 20
473475 (6) licensure as a massage therapist under AS 08.61; 21
474476 (7) licensure to practice nursing or certification as a nurse aide under 22
475477 AS 08.68; 23
476478 (8) certification as a real estate appraiser under AS 08.87; 24
477479 (9) a position involving supervisory or disciplinary power over a minor 25
478480 or dependent adult for which criminal justice information may be released under 26
479481 AS 12.62.160(b)(9); 27
480482 (10) a teacher certificate under AS 14.20; 28
481483 (11) a registration or license to operate a marijuana establishment 29
482484 under AS 17.38; 30
483-(12) admittance to a police training program under AS 18.65.230 or for 31 33-LS0297\S
484-SB0044B -15- CSSB 44(HSS)
485+(12) admittance to a police training program under AS 18.65.230 or for 31 33-LS0297\B
486+SB0044A -15- SB 44
485487 New Text Underlined [DELETED TEXT BRACKETED]
486488
487489 certification as a police officer under AS 18.65.240 if that person's prospective 1
488490 employer does not have access to a criminal justice information system; 2
489491 (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 3
490492 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 4
491493 (15) licensure as an insurance producer, managing general agent, 5
492494 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 6
493495 broker, or independent adjuster under AS 21.27; 7
494496 (16) serving and executing process issued by a court by a person 8
495497 designated under AS 22.20.130; 9
496498 (17) a school bus driver license under AS 28.15.046; 10
497499 (18) licensure as an operator or an instructor for a commercial driver 11
498500 training school under AS 28.17; 12
499501 (19) registration as a broker-dealer, agent, investment adviser 13
500502 representative, or investment adviser under AS 45.56.300 - 45.56.350; 14
501503 (20) licensure, license renewal, certification, certification renewal, or 15
502504 payment from the Department of Health of an individual and an entity subject to the 16
503505 requirements for a criminal history check under AS 47.05.310, including 17
504506 (A) a public home care provider described in AS 47.05.017; 18
505507 (B) a provider of home and community-based waiver services 19
506508 financed under AS 47.07.030(c); 20
507509 (C) a case manager to coordinate community mental health 21
508510 services under AS 47.30.530; 22
509511 (D) an entity listed in AS 47.32.010(b) and (c), including an 23
510512 owner, officer, director, member, partner, employee, volunteer, or contractor of 24
511513 an entity; or 25
512514 (E) an individual or entity not described in (A) - (D) of this 26
513515 paragraph that is required by statute or regulation to be licensed or certified by 27
514516 the Department of Health or that is eligible to receive payments, in whole or in 28
515517 part, from the Department of Health to provide for the health, safety, and 29
516518 welfare of persons who are served by the programs administered by the 30
517-Department of Health; 31 33-LS0297\S
518-CSSB 44(HSS) -16- SB0044B
519+Department of Health; 31 33-LS0297\B
520+SB 44 -16- SB0044A
519521 New Text Underlined [DELETED TEXT BRACKETED]
520522
521523 (21) employment as a village public safety officer under AS 18.65.672 1
522524 or certification as a village public safety officer under AS 18.65.682; 2
523525 (22) licensure, license renewal, certification, or certification renewal 3
524526 by the Department of Family and Community Services of an individual or entity, or 4
525527 payment from the Department of Family and Community Services to an individual or 5
526528 entity, subject to the requirements for a criminal history check under AS 47.05.310 for 6
527529 a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 7
528530 including an owner, officer, director, member, partner, employee, volunteer, or 8
529531 contractor of an entity; 9
530532 (23) licensure as a naturopath under AS 08.45. 10
531533 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 11
532534 read: 12
533535 TRANSITION: EFFECT ON CURRENT LICENSEES. On and after the effective 13
534536 date of secs. 1 - 18 of this Act, a person who holds a valid license to practice naturopathy on 14
535537 the effective date of secs. 1 - 18 of this Act may continue to engage in the practice of 15
536538 naturopathy under the license until the license expires normally under AS 08.45, as AS 08.45 16
537539 read before the effective date of secs. 1 - 18 of this Act, but shall otherwise comply with 17
538540 AS 08.45, as amended by secs. 1 - 18 of this Act. 18
539541 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 19
540542 read: 20
541543 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 21
542544 Economic Development may adopt regulations necessary to implement the changes made by 22
543545 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 23
544546 before the effective date of the law implemented by the regulation. 24
545547 * Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c). 25
546548 * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect January 1, 2024. 26