Assigned to RAGE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1588
naturopathic physicians; board; investigations; scope
Purpose
Modifies the powers and duties of the Naturopathic Physicians Medical Board (Board) and
its Executive Director including the scope of disciplinary investigations.
Background
The Board oversees the licensing and practice of naturopathic medicine in Arizona
including administering and enforcing all provisions of the naturopathic medicine statutes and
rules adopted by the Board (A.R.S. § 32-1504). The duties of the Executive Director of the Board
include: 1) issuing naturopathic medicine licenses and certificates to applicants who meet outlined
requirements; 2) collecting all monies due and payable to the Board; 3) conducting periodic
inspection of the dispensing and prescribing practices of doctors of naturopathic medicine; and
4) initiating an investigation if evidence appears to demonstrate that a person licensed or certified
by the Board may be engaged in unprofessional conduct or may be medically incompetent or
mentally or physically unable to safely practice medicine (A.R.S. § 32-1509).
To be eligible for a license to practice naturopathic medicine, an applicant must: 1) be a
graduate of an approved school of naturopathic medicine; 2) satisfactorily complete an approved
internship, preceptorship or clinical training program in naturopathic medicine; 3) be physically
fit to practice as a doctor of naturopathic medicine; 4) not be guilty of any act of unprofessional
conduct or any other conduct that would be grounds for refusal, suspension or revocation of a
license; and 5) not have had a license to practice any profession refused, revoked or suspended in
another jurisdiction. The Board may: 1) require applicants to submit credentials or other written
or oral proof; and 2) make investigations it deems proper to adequately advise itself with respect
to the qualifications of an applicant (A.R.S. § 32-1522).
Practice of naturopathic medicine is a medical system of diagnosing and treating diseases,
injuries, ailments, infirmities and other conditions of the human mind and body including by
natural means, drugless methods, drugs, nonsurgical methods, devices, physical, electrical,
hygienic and sanitary measures and all forms of physical agents and modalities (A.R.S. § 32-1501).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. States that, for the purposes of implementing or enforcing the naturopathic medicine statutes,
the Board is not entitled to a naturopathic doctor's proprietary formula or trade secret. FACT SHEET
S.B. 1588
Page 2
2. Requires the Board to conform its rule to be consistent with the requirement relating to a
naturopathic doctor's proprietary formula or trade secret.
3. States that the requirement relating to a naturopathic doctor's proprietary formula or trade
secret does not prevent a patient from having access to the list of ingredients for any method
of treatment provided to the patient.
4. Requires the Executive Director of the Board to:
a) ensure that the Board follows all applicable laws and rules and complies with all reporting
requirements;
b) advise the Board if any contemplated action is beyond the scope of the authority granted
to the Board in accordance with the naturopathic medicine statutes;
c) prepare and maintain a discipline matrix for use by the Board to ensure that all licensees
are treated consistently, to the best of the Board's ability, based on the specific allegation
at issue, when the Board contemplates imposing any form of discipline; and
d) classify, consistent with the naturopathic medicine statutes. each complaint on submission
to the Board according to policies adopted by the Board that prioritize the allocation of
Board resources and the investigation and adjudication of complaints.
5. Allows the Executive Director of the Board to provide advice on the scope of the Board's
authority in executive session.
6. Requires the Executive Director, if the information about the scope of the Board's authority is
disregarded, to state potential concerns in an open meeting of the Board.
7. Requires the discipline matrix to:
a) briefly outline material facts of all past cases in which discipline was imposed without
identifying any specific licensee or complainant other than by potential file number or other
reference;
b) specify the level of discipline imposed; and
c) be available to any license against whom a complaint has been filed and a formal
investigation has been opened, including the licensee's counsel.
8. Removes the authorization for the Board to make investigations it deems proper to adequately
advise itself with respect to the qualifications of an applicant for a license to practice
naturopathic medicine.
9. Limits the scope of an investigation, in accordance with a disciplinary action requirement, to
the information contained in the initial complaint or the information that the Board has in its
possession at the time of the Board's motion to investigate.
10. Removes, from a period and term of probation that the Board may fix to a naturopathic doctor's
license as a disciplinary action after an investigation, the restitution of fees to a patient.
11. Specifies that evidence of a criminal violation uncovered during the course of a disciplinary
investigation by the Board must be made available to the appropriate criminal justice agency
for its consideration within 48 hours after the determination. FACT SHEET
S.B. 1588
Page 3
12. States that, if a court of competent jurisdiction finds that the Board acted capriciously against
a licensee without merit and in violation of naturopathic medicine statutes, the adopted rules
or the Board's policies or procedures, the licensee is entitled to restitution for all costs incurred
related to the matter in the course of the investigation or formal hearing process, or both.
13. Defines trade secret as information, including a formula, pattern, compilation, program,
device, method, technique or process that both:
a) derives independent economic value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by, other person who can obtain
economic value from its disclosure or use; and
b) is the subject of efforts that are reasonable under the circumstances to maintain secrecy.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
JT/KP/ci