Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB117 Draft / Bill

Filed 01/27/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
*JMB077* 	01/27/2025 2:33:18 PM JMB077 
State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 117 3 
 4 
By: Senator C. Penzo 5 
 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO CREATE THE NATUROPATHIC PHYSICIAN PRACTICE 9 
ACT; TO PROVIDE FOR LICENSURE OF NATUROPATHIC 10 
PHYSICIANS IN ARKANSAS; TO CREATE A NATUROPATHIC 11 
PHYSICIAN ADVISORY COMMITTEE TO THE ARKANSAS STATE 12 
MEDICAL BOARD; AND FOR OTHER PURPOSES. 13 
 14 
 15 
Subtitle 16 
TO CREATE THE NATUROPATHIC PHYSICIAN 17 
PRACTICE ACT; TO PROVIDE FOR LICENSURE 18 
OF NATUROPATHIC PHYSICIANS IN ARKANSAS; 19 
AND TO CREATE A NATUROPATHIC PHYSICIAN 20 
ADVISORY COMMITTEE TO THE ARKANSAS STATE 21 
MEDICAL BOARD. 22 
 23 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
 25 
 SECTION 1.  Arkansas Code Title 17, Chapter 95, is amended to add an 26 
additional subchapter to read as follows: 27 
Subchapter 12 — Naturopathic Physician Practice Act 28 
 29 
 17-95-1201.  Title. 30 
 This subchapter shall be known and may be cited as the "Naturopathic 31 
Physician Practice Act". 32 
 33 
 17-95-1202.  Legislative findings and intent. 34 
 (a)  The General Assembly finds that: 35 
 (1)  The practice of naturopathic medicine in this state affects 36    	SB117 
 
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the public health, safety, and welfare and should be subject to regulation 1 
and control in the public interest; and 2 
 (2)  Naturopathic physicians comprise a distinct healthcare 3 
profession that affects the public health, safety, and welfare and increases 4 
freedom of choice in health care in this state. 5 
 (b)  It is the intent of the General Assembly to ensure that 6 
naturopathic physicians and the practice of naturopathic medicine as defined 7 
in this subchapter merit the confidence of the public, that only qualified 8 
persons be authorized to practice naturopathic medicine in this state, and 9 
that a person shall not practice naturopathic medicine without a valid 10 
existing license. 11 
 12 
 17-95-1203.  Definitions. 13 
 As used in this subchapter: 14 
 (1)  "Approved naturopathic medical school" means a medical 15 
school approved by the Arkansas State Medical Board under this subchapter 16 
that prepares a naturopathic physician for the practice of naturopathic 17 
medicine; 18 
 (2)(A)  "Clinical laboratory procedure" means the use of 19 
venipuncture consistent with naturopathic medical practice, commonly used 20 
diagnostic modalities consistent with naturopathic practice, the recording of 21 
a patient's health history, physical examination, ordering and interpretation 22 
of radiographic diagnostics, and other standard imaging and examination of 23 
body orifices, excluding endoscopy and colonoscopy. 24 
 (B)  "Clinical laboratory procedure" includes the practice 25 
of obtaining samples of human tissues, except surgical excision beyond 26 
surgical excision that is authorized as a minor office procedure; 27 
 (3)  "Homeopathic medicine" means a system of medicine based on 28 
the use of minimal doses of substances capable of producing symptoms similar 29 
to those of the disease treated, as listed in the Homeopathic Pharmacopoeia 30 
of the United States; 31 
 (4)  "Hygiene" means the use of preventive techniques, including 32 
personal hygiene, asepsis, public health, and safety; 33 
 (5)  "Laboratory examination" means: 34 
 (A)  Phlebotomy; 35 
 (B)  A clinical laboratory procedure; 36    	SB117 
 
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 (C)  An orificial examination; 1 
 (D)  A physiological function test; and 2 
 (E)  A screening or test that is consistent with 3 
naturopathic education and training; 4 
 (6)  "Minor office procedure" means minor surgical care and 5 
procedures, including: 6 
 (A)  Surgical care incidental to superficial laceration, 7 
lesion or abrasion, excluding surgical care to treat a lesion suspected of 8 
malignancy; 9 
 (B)  The removal of foreign bodies located in superficial 10 
structures, excluding the globe of the eye; 11 
 (C)  Trigger point therapy; 12 
 (D)  Dermal stimulation; 13 
 (E)  Allergy testing and treatment; and 14 
 (F)  The use of antiseptics and topical or local 15 
anesthetics; 16 
 (7)  "Naturopathic medicine" means: 17 
 (A)  A system of health care for the prevention, diagnosis, 18 
and treatment of human health conditions, injury, and disease; 19 
 (B)  The promotion or restoration of health; and 20 
 (C)  The support and stimulation of a patient's inherent 21 
self-healing processes through patient education and the use of naturopathic 22 
therapies and therapeutic substances; 23 
 (8)  "Naturopathic physical medicine" means the use of one (1) or 24 
more of the following physical agents in a manner consistent with 25 
naturopathic medical practice on a part or the whole of the body, by hand or 26 
by mechanical means, in the resolution of a human ailment or conditions: 27 
 (A)  Air; 28 
 (B)  Water; 29 
 (C)  Heat; 30 
 (D)  Cold; 31 
 (E)  Sound; 32 
 (F)  Light; 33 
 (G)  Electromagnetism; 34 
 (H)  Colon hydrotherapy; 35 
 (I)  Soft tissue therapy; 36    	SB117 
 
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 (J)  Joint mobilization; 1 
 (K)  Therapeutic exercise; or 2 
 (L)  Naturopathic manipulation; 3 
 (9)  "Naturopathic physician" means an individual licensed under 4 
this subchapter as a naturopathic physician to practice naturopathic medicine 5 
in the state; 6 
 (10)  "Naturopathic therapy" means the use of: 7 
 (A)  Naturopathic physical medicine; 8 
 (B)  Suggestion; 9 
 (C)  Hygiene; 10 
 (D)  A therapeutic substance; 11 
 (E)  A dangerous drug; 12 
 (F)  Nutrition and food science; 13 
 (G)  Homeopathic medicine; 14 
 (H)  A clinical laboratory procedure; or 15 
 (I)  A minor office procedure; 16 
 (11)  "Nutrition and food science" means the prevention and 17 
treatment of disease or other human conditions through the use of food, 18 
water, herbs, roots, bark, or natural food elements; 19 
 (12)  "Professional examination" means a competency -based 20 
national naturopathic physician licensing examination administered by the 21 
North American Board of Naturopathic Examiners or its successor agency, which 22 
nationally administers a naturopathic examination that represents federal 23 
standards of education and training; 24 
 (13)  "Suggestion" means a technique using: 25 
 (A)  Biofeedback; 26 
 (B)  Hypnosis; 27 
 (C)  Health education; or 28 
 (D)  Health counseling; and 29 
 (14)  "Therapeutic substance" means any of the following 30 
exemplified in a standard naturopathic medical text, journal, or 31 
pharmacopeia: 32 
 (A)  A vitamin; 33 
 (B)  A mineral; 34 
 (C)  A nutraceutical; 35 
 (D)  A botanical medicine; 36    	SB117 
 
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 (E)  Oxygen; 1 
 (F)  A homeopathic medicine; 2 
 (G)  A hormone; 3 
 (H)  A hormonal or pharmaceutical contraceptive device; or 4 
 (I)  Other physiologic substance. 5 
 6 
 17-95-1204.  Exemptions. 7 
 This subchapter does not prohibit or restrict: 8 
 (1)  The practice of a healthcare profession by an individual who 9 
is licensed, certified, or registered under the laws of this state and who is 10 
performing services within the individual's scope of practice; 11 
 (2)  The practice of naturopathic medicine by a student enrolled 12 
in an approved naturopathic medical school if the practice of naturopathic 13 
medicine by a student is performed under a course of instruction or an 14 
assignment from an instructor and under the supervision of the instructor who 15 
is a licensee or a duly licensed professional in the instructed field; 16 
 (3)  Any person that sells a vitamin or herb from providing 17 
information about the vitamin or herb; 18 
 (4)  The practice of naturopathic medicine by a person who is 19 
licensed to practice in any other state or district in the United States and 20 
who enters this state to consult with a naturopathic physician of this state 21 
if the consultation is limited to examination, recommendation, or testimony 22 
in litigation; or 23 
 (5)  Any person or practitioner who is not licensed as a 24 
naturopathic physician from recommending ayurvedic medicine, herbal remedies, 25 
nutritional advice, homeopathy, or other therapy that is within the scope of 26 
practice of naturopathic medicine if that person or practitioner does not: 27 
 (A)  Use a title protected under this subchapter; 28 
 (B)  Represent or assume the character or appearance of a 29 
licensee of this subchapter; or 30 
 (C)  Otherwise use a name, title, or other designation that 31 
indicates or implies that the person is a licensee of this subchapter. 32 
 33 
 17-95-1205.  Qualifications for licensure. 34 
 The Arkansas State Medical Board shall license an applicant who: 35 
 (1)  Submits, in accordance with rules of the Arkansas State 36    	SB117 
 
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Medical Board, the following items to the Arkansas State Medical Board: 1 
 (A)  An application for licensure developed by the Arkansas 2 
State Medical Board and submitted in accordance with rules of the Arkansas 3 
State Medical Board; 4 
 (B)  An application fee submitted in an amount and manner 5 
established by rules of the Arkansas State Medical Board; 6 
 (C)  Evidence that the applicant has: 7 
 (i)  Graduated from an approved naturopathic medical 8 
school; 9 
 (ii)  Successful completion of a competency -based 10 
national naturopathic medicine licensing examination; 11 
 (iii)  Passed a pharmacy examination authorized by 12 
rules of the Arkansas State Medical Board and administered by North American 13 
Board of Naturopathic Examiners; and 14 
 (iv)  Passed a state jurisprudence examination that 15 
meets standards established in rules of the Arkansas State Medical Board; and 16 
 (D)  Evidence of professional liability insurance with 17 
policy limits not less than prescribed by the Arkansas State Medical Board; 18 
 (2)  Is determined by the Arkansas State Medical Board, upon 19 
recommendation by the Naturopathic Physician Advisory Committee, to be 20 
physically and mentally capable of safely practicing naturopathic medicine 21 
with or without reasonable accommodation; and 22 
 (3)  Has not had a license to practice naturopathic medicine or 23 
other healthcare license, registration, or certificate refused, revoked, or 24 
suspended by any other jurisdiction for reasons that relate to the 25 
applicant's ability to skillfully and safely practice naturopathic medicine 26 
unless that license, registration, or certification has been restored to good 27 
standing by that jurisdiction. 28 
 29 
 17-95-1206.  Scope of practice. 30 
 A licensee may practice naturopathic medicine to provide primary care 31 
in alignment with naturopathic medical education to: 32 
 (1)  Perform physical examinations; 33 
 (2)  Order laboratory examinations; 34 
 (3)  Order diagnostic imaging studies; 35 
 (4)  Interpret the results of laboratory examinations for 36    	SB117 
 
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diagnostic purposes; 1 
 (5)  Order and, based on a radiologist's report, take action on 2 
diagnostic imaging studies in a manner consistent with naturopathic training; 3 
 (6)  Prescribe, administer, dispense, and order food, extracts of 4 
food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals 5 
and their extracts, botanical medicines, homeopathic medicines, all dietary 6 
supplements, and nonprescription drugs as defined by the Federal Food, Drug, 7 
and Cosmetic Act, 21 U.S.C. § 301 et seq.; 8 
 (7)  Prescribe, administer, dispense, and order: 9 
 (A)  A legend drug as defined under § 20 -64-503; and 10 
 (B)  A drug listed within Schedules III - V; 11 
 (8)  Administer intramuscular, intravenous, subcutaneous, intra -12 
articular, and intradermal injections of substances appropriate to 13 
naturopathic medicine; 14 
 (9)  Use routes of administration that include oral, nasal, 15 
auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous, 16 
intravenous, intra-articular, and intramuscular consistent with the education 17 
and training of a naturopathic physician; 18 
 (10)  Perform naturopathic physical medicine; 19 
 (11)  Employ the use of naturopathic therapy; 20 
 (12)  Use therapeutic devices, barrier contraception, 21 
intrauterine devices, hormonal and pharmaceutical contraception, and durable 22 
medical equipment; and 23 
 (13)  Perform minor office procedures. 24 
 25 
 17-95-1207.  Prohibitions. 26 
 A naturopathic physician shall not: 27 
 (1)  Perform surgery outside of the scope of minor office 28 
procedures permitted in the employment of naturopathic therapy; 29 
 (2)  Use general or spinal anesthetics; 30 
 (3)  Administer ionizing radioactive substances for therapeutic 31 
purposes; 32 
 (4)  Perform a surgical procedure: 33 
 (A)  Using a laser device; or 34 
 (B)  Involving any of the following areas of the body that 35 
extend beyond superficial tissue: 36    	SB117 
 
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 (i)  Eye; 1 
 (ii)  Ear; 2 
 (iii)  Tendon; 3 
 (iv)  Nerves; 4 
 (v)  Veins; or 5 
 (vi)  Artery; 6 
 (5)  Perform a surgical abortion; 7 
 (6)  Treat any lesion suspected of malignancy or requiring 8 
surgical removal; or 9 
 (7)  Perform acupuncture. 10 
 11 
 17-95-1208.  License expiration and renewal — Denial and revocation — 12 
Continuing education. 13 
 (a)  A license issued or renewed under this subchapter shall expire two 14 
(2) years following its issuance or last renewal. 15 
 (b)  The Arkansas State Medical Board may renew the license of any 16 
naturopathic physician who, upon the expiration of his or her license: 17 
 (1)  Has submitted an application for renewal; 18 
 (2)  Has paid the renewal fee established by rules of the board; 19 
 (3)  Meets the qualifications for licensure under this subchapter 20 
and rules of the board; and 21 
 (4)  Meets the continuing education requirements established by 22 
the board. 23 
 (c)  The board shall grant an opportunity for a hearing to applicants 24 
and licensees for whom the board intends to refuse to issue or renew a 25 
license, or whose license the board proposes to revoke or suspend. 26 
 27 
 17-95-1209.  Display of license. 28 
 A naturopathic physician shall display his or her license in the his or 29 
her place of business in a location clearly visible to his or her patients 30 
and shall also display evidence of the naturopathic physician having 31 
completed an approved naturopathic medical school 32 
 33 
 17-95-1210.  Referral requirement. 34 
 A naturopathic physician shall refer to a physician licensed to 35 
practice in the state any patient whose medical condition is determined, at 36    	SB117 
 
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the time of evaluation or treatment, to be beyond the scope of practice of 1 
the naturopathic physician. 2 
 3 
 17-95-1211.  Title protection. 4 
 (a)  A licensee shall use the title "naturopathic physician" or 5 
"naturopathic doctor" and the recognized abbreviation "N.D.". 6 
 (b)  A licensee has the exclusive right to use the following terms in 7 
reference to the licensee's self: 8 
 (1)  "Naturopathic physician"; 9 
 (2)  "Naturopathic doctor"; 10 
 (3)  "Doctor of naturopathic medicine"; 11 
 (4)  "Doctor of naturopathy"; 12 
 (5)  "N.D."; 13 
 (6)  "ND"; 14 
 (7)  "NMD"; and 15 
 (8)  "N.M.D.". 16 
 (c)  An individual represents the individual's self to be a 17 
naturopathic physician or a naturopathic doctor when the individual uses or 18 
adopts any of the terms in subdivisions (b)(1) -(8) of this section in 19 
reference to the individual's self. 20 
 (d)(1)  An individual shall not represent the individual's self to the 21 
public as a naturopathic physician, naturopathic doctor, a doctor of 22 
naturopathic medicine, or a doctor of naturopathy, or as being otherwise 23 
authorized to practice naturopathic medicine in the state, unless the 24 
individual is licensed under this subchapter. 25 
 (2)  An individual who is not licensed under this subchapter is 26 
guilty of a Class A misdemeanor if he or she: 27 
 (A)  Holds himself or herself out as a naturopathic 28 
physician or naturopathic doctor; 29 
 (B)  Uses any combination or abbreviation of the term 30 
"naturopathic physician" or "naturopathic doctor" indicating or implying that 31 
he or she is a naturopathic physician or naturopathic doctor; or 32 
 (C)  Acts as a naturopathic physician without being 33 
licensed by the Arkansas State Medical Board. 34 
 35 
 17-95-1212.  Approved naturopathic medical school 36    	SB117 
 
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 (a)  With the advice and consent of the Naturopathic Physician Advisory 1 
Committee, the Arkansas State Medical Board shall establish, by rule, 2 
guidelines for an approved naturopathic medical school and specifications for 3 
the education of naturopathic physicians in this state. 4 
 (b)  The guidelines established under subsection (a) of this section 5 
shall include that the approved naturopathic medical school shall require at 6 
a minimum: 7 
 (1)  Graduation from: 8 
 (A)  A naturopathic medical education program in the United 9 
States providing the degree of Doctor of Naturopathy or Doctor of 10 
Naturopathic Medicine, that: 11 
 (i)  Offers graduate -level, full-time didactic, and 12 
supervised clinical training; 13 
 (ii)  Is accredited or has achieved candidacy status 14 
for accreditation by the Council on Naturopathic Medical Education or an 15 
equivalent federally recognized accrediting body for naturopathic medical 16 
programs also recognized by the Arkansas State Medical Board; and 17 
 (iii)  Is an institution of higher education or part 18 
of an institution of higher education that is either accredited or is a 19 
candidate for accreditation by a regional or national institutional 20 
accrediting agency recognized by the United States Secretary of Education; 21 
 (B)  A degree-granting institution of higher education 22 
that, before the existence of the Council on Naturopathic Medical Education, 23 
offered a full-time, structured curriculum in basic sciences and supervised 24 
patient care comprising a doctoral naturopathic medical education requiring 25 
not less than one hundred thirty -two (132) weeks of coursework to be 26 
completed within a period of not less than thirty -five (35) months, that was 27 
reputable and in good standing in the judgment of the Arkansas State Medical 28 
Board and which, if still in existence, has current programmatic 29 
accreditation by the Council on Naturopathic Medical Education or a federally 30 
recognized equivalent accrediting agency; 31 
 (C)  A diploma-granting, degree-equivalent institution of 32 
higher education located in Canada that, before the existence of the Council 33 
on Naturopathic Medical Education, had provincial approval for participation 34 
in government- funded student aid programs, offered a full -time, structured 35 
curriculum in basic sciences and supervised patient care comprising a 36    	SB117 
 
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doctoral naturopathic medical education requiring not less than one hundred 1 
thirty-two (132) weeks of coursework to be completed within a period of not 2 
less than thirty (30) months, was reputable and in good standing in the 3 
judgment of the Arkansas State Medical Board, and, if still in existence, has 4 
current programmatic accreditation by the Council on Naturopathic Medical 5 
Education or a federally recognized equivalent accrediting agency, and 6 
currently has provincial approval for participation in government -funded 7 
student aid programs; or 8 
 (D)  A diploma-granting, degree-equivalent institution of 9 
higher education located in Canada that has provincial approval for 10 
participation in government -funded student aid programs, offers graduate -11 
level, full-time didactic, and supervised clinical training, and is 12 
accredited or has achieved candidacy status for accreditation by the Council 13 
on Naturopathic Medical Education or an equivalent federally recognized 14 
accrediting body for naturopathic medical programs also recognized by the 15 
Arkansas State Medical Board; and 16 
 (2)  Successful completion of a competency -based national 17 
naturopathic medicine licensing examination administered by the North 18 
American Board of Naturopathic Examiners, or an equivalent agency recognized 19 
by the Arkansas State Medical Board, or, for graduates of approved 20 
naturopathic medical programs in the United States before the existence of 21 
the Council on Naturopathic Medical Education, a competency -based state 22 
naturopathic medicine licensing examination, or equivalent Canadian 23 
provincial licensing examination for the practice of naturopathic medicine 24 
approved by the Arkansas State Medical Board. 25 
 26 
 17-95-1213.  Naturopathic Physician Advisory Committee — Creation — 27 
Powers and duties. 28 
 (a)(1)  The Naturopathic Physician Advisory Committee is created as an 29 
advisory committee to the Arkansas State Medical Board. 30 
 (2)  The committee shall advise the board regarding: 31 
 (A)  Licensure of naturopathic physicians; and 32 
 (B)  The board's approval of matters relating to the 33 
training and licensure of naturopathic physicians. 34 
 (b)(1)  On or before October 1, 2025, the board shall appoint an 35 
initial committee of one (1) member for a term of four (4) years and two (2) 36    	SB117 
 
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members for terms of three (3) years each. 1 
 (2)  The initial committee shall consist of three (3) voting 2 
members as follows: 3 
 (A)  Two (2) licensed naturopathic physicians who are 4 
members of the Arkansas Naturopathic Physician's Association, Inc.; and 5 
 (B)  One (1) member who is a resident of the state who is 6 
not, and never has been, a licensed healthcare practitioner and who does not 7 
have an interest in naturopathic education, naturopathic medicine, or 8 
naturopathic business or practice. 9 
 (3)  On the expiration of the terms of the initial committee 10 
members, the board shall appoint successors for terms of four (4) years each 11 
as follows: 12 
 (A)  Two (2) naturopathic physicians licensed under this 13 
subchapter; and 14 
 (B)  One (1) member who is a resident of the state who is 15 
not, and never has been, a licensed healthcare practitioner and who does not 16 
have an interest in naturopathic education, naturopathic medicine, or 17 
naturopathic business or practice. 18 
 (c)(1)  On or before October 1, 2025, the board shall call the first 19 
meeting of the committee, at which meeting members shall elect a chair. 20 
 (2)  By January 1, 2026, and at least once during each calendar 21 
quarter thereafter, the committee shall hold a meeting at the call of the 22 
chair. 23 
 (3)  The committee may hold additional meetings at the call of 24 
the chair or at the written request of any two (2) members of the committee. 25 
 (d)  Vacancies on the committee shall be filled by the board from a 26 
list of not fewer than three (3) candidates provided by the Arkansas 27 
Naturopathic Physician's Association, Inc. 28 
 (e)  A majority of the committee membership shall constitute a quorum. 29 
 (f)  At the discretion of the board, members of the committee may 30 
receive expense reimbursement under § 25 -16-902. 31 
 (g)  The committee shall develop guidelines for the board to consider 32 
for rulemaking with regard to: 33 
 (1)  Regulating the licensure of naturopathic physicians and 34 
determining the hours of continuing education units required for maintaining 35 
licensure as a naturopathic physician; 36    	SB117 
 
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 (2)  Prescribing the manner in which records of examinations and 1 
treatments shall be kept and maintained; 2 
 (3)  Establishing: 3 
 (A)  Standards for professional responsibility and conduct; 4 
 (B)  Criteria for advertising or promotional materials; 5 
 (C)  Continuing education hours and content; 6 
 (D)  Standards for the state jurisprudence examination; 7 
 (E)  Schedules for providing licensing examinations and for 8 
the issuance of examination results; 9 
 (F)  Procedures and standards for reviewing licensing 10 
examination scores; 11 
 (G)  Procedures for reviewing transcripts demonstrating 12 
completion of the approved naturopathic medical school; 13 
 (H)  Requirements for issuance and renewal of licenses; and 14 
 (I)  Any other matter necessary to implement this 15 
subchapter; 16 
 (4)  Identifying disciplinary actions and circumstances that 17 
require disciplinary action; 18 
 (5)  Developing a means to provide information to all 19 
naturopathic physicians in the state; 20 
 (6)  Providing for: 21 
 (A)  The investigation of complaints against naturopathic 22 
physicians or persons holding themselves out as naturopathic physicians in 23 
the state; 24 
 (B)  The publication of information for the public about 25 
naturopathic physicians and the practice of naturopathic medicine in the 26 
state; and 27 
 (C)  An orderly process for reinstatement of a license; and 28 
 (7)  Creating and maintaining a list of approved naturopathic 29 
medical schools that meet statutory requirements under this subchapter. 30 
 31 
 SECTION 2.  DO NOT CODIFY.  TEMPORARY LANGUAGE.  Issuance of first 32 
licenses. 33 
 On or before December 1, 2025, the Arkansas State Medical Board shall 34 
issue licenses to those applicants who have met the requirements of this act 35 
and board rules promulgated in accordance with this act. 36