Introduced Version SENATE BILL No. 262 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 25-0.5; IC 25-22.7; IC 35-52-25. Synopsis: Licensure of naturopathic physicians. Provides for the licensure of naturopathic physicians. Specifies certain individuals who are not required to be licensed. Establishes the board of naturopathic medicine (board). Establishes license requirements. Requires licensed naturopathic physicians to obtain continuing education for license renewal. Establishes the naturopathic formulary council to establish a formulary for naturopathic physicians. Establishes the childbirth attendance advisory commission to provide recommendations concerning the practice of naturopathic childbirth attendance. Provides that an individual who is not licensed may not use certain descriptions, titles, or initials to indicate or imply that the individual is a licensed naturopathic physician. Establishes criminal penalties for certain violations. Effective: July 1, 2024. Goode, Niezgodski January 16, 2024, read first time and referred to Committee on Health and Provider Services. 2024 IN 262—LS 6721/DI 148 Introduced Second Regular Session of the 123rd General Assembly (2024) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2023 Regular Session of the General Assembly. SENATE BILL No. 262 A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 25-0.5-1-24 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2024]: Sec. 24. IC 25-1-1.1-4 applies to an individual licensed 4 under IC 25-22.7 (naturopathic physicians). 5 SECTION 2. IC 25-0.5-2-37 IS ADDED TO THE INDIANA CODE 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 7 1, 2024]: Sec. 37. IC 25-1-2-2.1 applies to licenses held by 8 naturopathic physicians. 9 SECTION 3. IC 25-0.5-3-43 IS ADDED TO THE INDIANA CODE 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 11 1, 2024]: Sec. 43. IC 25-1-2-6(b) applies to the board of 12 naturopathic medicine. 13 SECTION 4. IC 25-0.5-4-35 IS ADDED TO THE INDIANA CODE 14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 15 1, 2024]: Sec. 35. The board of naturopathic medicine (IC 16 25-22.7-3) is a board under IC 25-1-4. 17 SECTION 5. IC 25-0.5-5-23 IS ADDED TO THE INDIANA CODE 2024 IN 262—LS 6721/DI 148 2 1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 2 1, 2024]: Sec. 23. The Indiana professional licensing agency shall 3 perform administrative functions, duties, and responsibilities for 4 the board of naturopathic medicine (IC 25-22.7-3) under 5 IC 25-1-5-3(a). 6 SECTION 6. IC 25-0.5-6-22 IS ADDED TO THE INDIANA CODE 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 8 1, 2024]: Sec. 22. An individual licensed by the board of 9 naturopathic medicine (IC 25-22.7-3) is a provider under 10 IC 25-1-5-10. 11 SECTION 7. IC 25-0.5-8-39 IS ADDED TO THE INDIANA CODE 12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 13 1, 2024]: Sec. 39. An occupation for which a person is licensed by 14 the board of naturopathic medicine (IC 25-22.7-3) is a regulated 15 occupation under IC 25-1-7. 16 SECTION 8. IC 25-0.5-10-36 IS ADDED TO THE INDIANA 17 CODE AS A NEW SECTION TO READ AS FOLLOWS 18 [EFFECTIVE JULY 1, 2024]: Sec. 36. The board of naturopathic 19 medicine (IC 25-22.7-3) is a board under IC 25-1-8-6. 20 SECTION 9. IC 25-0.5-11-21 IS ADDED TO THE INDIANA 21 CODE AS A NEW SECTION TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2024]: Sec. 21. The board of naturopathic 23 medicine (IC 25-22.7-3) is a board under IC 25-1-9. 24 SECTION 10. IC 25-22.7 IS ADDED TO THE INDIANA CODE 25 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 26 1, 2024]: 27 ARTICLE 22.7. NATUROPATHIC PHYSICIANS 28 Chapter 1. Applicability 29 Sec. 1. This article does not apply to the following: 30 (1) An individual who is employed by the United States to 31 practice naturopathic medicine while practicing within the 32 scope of that employment. 33 (2) An individual whose: 34 (A) license to practice naturopathic medicine is issued in 35 another state; and 36 (B) practice of naturopathic medicine is limited to 37 examinations, recommendations, or expert testimony. 38 (3) An individual who is a student enrolled in an approved 39 naturopathic medical program while studying under the 40 supervision of a licensed: 41 (A) naturopathic physician; or 42 (B) professional in the field of study. 2024 IN 262—LS 6721/DI 148 3 1 Sec. 2. Except as provided in IC 25-22.7-7-2, this article does not 2 apply to the following: 3 (1) An individual who practices a health occupation that the 4 individual is authorized to practice under this title or any 5 other law, including: 6 (A) wellness coaching; or 7 (B) counseling. 8 (2) An individual who treats the individual or individual's 9 family. 10 (3) A person that sells and provides information about 11 vitamins or herbs that the person offers for sale. 12 (4) A person that offers advice in the use of a therapy, 13 including herbal medicine, homeopathy, nutrition, or another 14 nondrug or nonsurgical therapy. 15 Chapter 2. Definitions 16 Sec. 0.5. The definitions in this chapter apply throughout this 17 article. 18 Sec. 1. "Advisory commission" refers to the naturopathic 19 childbirth attendance advisory commission established by 20 IC 25-22.7-6-1. 21 Sec. 2. "Approved naturopathic medical program" means a 22 naturopathic medical education program described in 23 IC 25-22.7-4-2. 24 Sec. 3. "Board" refers to the board of naturopathic medicine 25 established by IC 25-22.7-3-1. 26 Sec. 4. "Childbirth attendance" means the specialty practice of 27 natural childbirth by a naturopathic physician that includes the 28 management of normal pregnancy, normal labor and delivery, and 29 the normal postpartum period, including normal newborn care. 30 Sec. 5. "Council" refers to the naturopathic formulary council 31 established by IC 25-22.7-5-1. 32 Sec. 6. "Minor office procedures" means the methods for the 33 repair and care incidental to superficial lacerations and abrasions, 34 superficial lesions, and the removal of foreign bodies located in the 35 superficial tissues. 36 Sec. 7. "Naturopathic medicine" means a system of primary 37 care for: 38 (1) the prevention, diagnosis, and treatment of human health 39 conditions, injury, and disease; 40 (2) the promotion or restoration of health; and 41 (3) the support and stimulation of a patient's inherent 42 self-healing processes through patient education and the use 2024 IN 262—LS 6721/DI 148 4 1 of naturopathic therapies and therapeutic substances. 2 Sec. 8. "Naturopathic physician" means an individual who is 3 licensed to practice naturopathic medicine under this article. 4 Sec. 9. "Prescription drug" means any drug defined in the 5 federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.) if the 6 drug's label is required to bear the statement "Rx Only". 7 Chapter 3. Board of Naturopathic Medicine 8 Sec. 1. The board of naturopathic medicine is established under 9 the executive branch of state government as a continuing board. 10 The purpose of the board is to receive and review applications for 11 licensure under this article. 12 Sec. 2. (a) The board consists of five (5) members, who are 13 voting members. The board must include the following: 14 (1) Three (3) individuals who: 15 (A) are naturopathic physicians; and 16 (B) meet the requirements in section 3 of this chapter. 17 (2) Two (2) individuals who: 18 (A) do not have any association with the practice of 19 naturopathic medicine, except as a consumer; and 20 (B) meet the requirements in section 4 of this chapter. 21 (b) The governor shall appoint the board members. However, 22 the governor shall appoint the members under subsection (a)(1) 23 with the advice of the Indiana Association of Naturopathic 24 Physicians. 25 Sec. 3. Each naturopathic physician member of the board must 26 be: 27 (1) in good standing with the board; 28 (2) an Indiana resident who: 29 (A) has practiced; or 30 (B) has taught; 31 naturopathic medicine in Indiana for at least five (5) years 32 immediately before appointment; and 33 (3) beginning July 1, 2025, licensed under this article. 34 Sec. 4. Each consumer member of the board: 35 (1) must be a resident of Indiana; 36 (2) may not be or have been licensed to practice a health 37 occupation under this title; and 38 (3) may be or have been immediately related to an individual 39 who has a substantial connection with naturopathic education, 40 business, or practice. 41 Sec. 5. (a) Except as otherwise provided in this section, a board 42 member's term is four (4) years, with the term expiring on June 30. 2024 IN 262—LS 6721/DI 148 5 1 However, the board member continues to serve until a successor is 2 appointed and qualified. 3 (b) The governor shall make the board's initial appointments 4 not later than July 1, 2024, and the term for an initial board 5 member is three (3) years, with the term expiring on June 30, 2027. 6 Sec. 6. A member may not serve more than two (2) consecutive 7 full terms. 8 Sec. 7. If a vacancy occurs on the board, the governor shall: 9 (1) appoint a new member who meets the qualifications of the 10 vacancy to serve the remainder of the vacant term; and 11 (2) fill any vacancy on the board not later than sixty (60) days 12 after the date of the vacancy. 13 Sec. 8. The governor may remove any member of the board for 14 cause before the expiration of the member's term. 15 Sec. 9. The governor shall call the first meeting of the board, at 16 which the board members shall elect a chairperson, who serves a 17 term of one (1) year and may be reelected as chairperson. 18 Sec. 10. The following apply to the operation of the board: 19 (1) A quorum of the board consists of a majority of the board 20 members. 21 (2) The chairperson shall determine the time and place for 22 meetings. 23 (3) Members of the board are not entitled to a salary per diem 24 or reimbursement for expenses. 25 (4) The board shall meet at least one (1) time each year and at 26 the call of the chairperson or at the written request of two (2) 27 members of the board. 28 (5) At least three (3) affirmative votes are required for the 29 board to take any official action. 30 Sec. 11. The board may adopt rules under IC 4-22-2 to 31 administer this article. 32 Sec. 12. The board shall: 33 (1) evaluate the content for any clinical, practical, or 34 residency requirement for a license under this article; 35 (2) subject to IC 25-1-4, establish an approved program of 36 continuing education in naturopathic medicine, including: 37 (A) criteria; 38 (B) categories; and 39 (C) minimum hours required to be completed by licensed 40 persons in the license period preceding the date of license 41 renewal; 42 (3) enforce the standards of practice and conduct proceedings 2024 IN 262—LS 6721/DI 148 6 1 under IC 25-1-9; 2 (4) subject to IC 25-27.7-6, establish standards for childbirth 3 attendance; 4 (5) establish examination standards for licensing and time 5 frames for exam administration; and 6 (6) perform functions necessary to administer this article. 7 Sec. 13. The board shall establish fees under IC 25-1-8-2. 8 Sec. 14. The Indiana professional licensing agency shall staff the 9 board. Expenses of the board shall be paid from appropriations to 10 the Indiana professional licensing agency. 11 Chapter 4. License and Qualifications 12 Sec. 1. After December 31, 2025, except as otherwise provided 13 in this article, an individual must be licensed by the board before 14 the individual may practice naturopathic medicine. 15 Sec. 2. A naturopathic medical education program is approved 16 if the program meets one (1) of the following criteria: 17 (1) The program is located in the United States and: 18 (A) provides a doctoral degree in naturopathy or 19 naturopathic medicine; 20 (B) offers graduate level, full-time didactic, and supervised 21 clinical training; 22 (C) is accredited by or is a candidate for accreditation 23 before the Council on Naturopathic Medical Education or 24 an equivalent accrediting body for naturopathic medical 25 programs; and 26 (D) is part of an institution of higher education that is 27 either accredited by or a candidate for accreditation before 28 an accrediting agency that is recognized by the United 29 States Secretary of Education. 30 (2) The program is located in a college or university in 31 Canada and: 32 (A) grants a diploma for a degree equivalent to a degree 33 described in subdivision (1); 34 (B) offers graduate level, full-time didactic, and supervised 35 clinical training; 36 (C) is accredited by or is a candidate for accreditation 37 before the Council on Naturopathic Medical Education or 38 an equivalent federal and board recognized accrediting 39 body for naturopathic medical programs; and 40 (D) has provincial approval for participation in 41 government funded student aid programs. 42 (3) The program is from a degree granting college or 2024 IN 262—LS 6721/DI 148 7 1 university and: 2 (A) before the existence of the Council on Naturopathic 3 Medical Education: 4 (i) offered a full-time structured curriculum in basic 5 sciences and supervised patient care comprising a 6 doctoral naturopathic medical education; 7 (ii) required at least three (3) years of study as a 8 prerequisite for graduation; and 9 (iii) if in Canada, had provincial approval for 10 participation in government funded student aid 11 programs; 12 (B) is approved by the board; and 13 (C) if the program exists when the applicant applies for a 14 license: 15 (i) is accredited by the Council on Naturopathic Medical 16 Education or an equivalent accrediting agency; and 17 (ii) if in Canada, has provincial approval for 18 participation in government funded student aid 19 programs. 20 Sec. 3. An applicant for a license to practice naturopathic 21 medicine must: 22 (1) meet the requirements of this chapter; 23 (2) submit an application with the board; 24 (3) not have: 25 (A) a criminal conviction or disciplinary action that has a 26 direct bearing on the applicant's fitness to practice 27 naturopathic medicine; or 28 (B) committed an act that would be grounds for discipline 29 under IC 25-1-9; 30 (4) be physically and mentally capable of practicing 31 naturopathic medicine; and 32 (5) pay the application fee. 33 Sec. 4.Except as provided in this chapter, an applicant for a 34 license to practice naturopathic medicine must: 35 (1) have a doctorate in naturopathic medicine from an 36 approved naturopathic medical program; and 37 (2) either: 38 (A) pass a competency based national naturopathic 39 licensing examination administered by the North American 40 Board of Naturopathic Examiners, or its successor agency, 41 that has been nationally recognized to administer a 42 naturopathic examination that represents federal 2024 IN 262—LS 6721/DI 148 8 1 standards of education and training; or 2 (B) for graduates of an approved naturopathic medical 3 program, pass a board approved state competency 4 examination or Canadian provincial examination. 5 Sec. 5.If an applicant for a license to practice naturopathic 6 medicine is licensed, certified, or registered to practice 7 naturopathic medicine or any other health care occupation in 8 another state, the applicant must be in good standing with the 9 applicable state licensing, certification, or registration authority. 10 Sec. 6. An applicant who seeks to be licensed under this article 11 without passing an examination under section 4(2) of this chapter: 12 (1) must provide proof of licensure in good standing in each 13 state in which the applicant is licensed; and 14 (2) if the applicant has been licensed, certified, or registered 15 to practice naturopathic medicine in another state, shall 16 submit all evidence relating to: 17 (A) disciplinary action or any administrative penalties 18 against the applicant by another state; and 19 (B) any agreements the applicant entered into that limit 20 the applicant's professional conduct and practice, 21 including voluntary surrender of a license. 22 Sec. 7. The board shall issue a license to an applicant for a 23 license to practice naturopathic medicine who meets the 24 requirements of this chapter. 25 Sec. 8. A naturopathic physician may do the following: 26 (1) Order and perform physical and laboratory examinations 27 for diagnostic purposes, including: 28 (A) phlebotomy; 29 (B) clinical laboratory tests; 30 (C) orificial examinations; and 31 (D) physiological function tests. 32 (2) Order diagnostic imaging studies, if consistent with the 33 naturopathic physician's education and training. 34 (3) Dispense, order, prescribe, or administer: 35 (A) food and extracts of food; 36 (B) nutraceuticals; 37 (C) vitamins; 38 (D) amino acids; 39 (E) minerals; 40 (F) enzymes; 41 (G) botanicals, including botanical extracts; 42 (H) botanical medicines; 2024 IN 262—LS 6721/DI 148 9 1 (I) homeopathic medicines; and 2 (J) all dietary supplements and nonprescription drugs as 3 defined by the federal Food, Drug and Cosmetic Act (21 4 U.S.C. 301 et seq.); 5 using routes of administration that include oral, nasal, 6 auricular, ocular, rectal, vaginal, transdermal, intradermal, 7 subcutaneous, intravenous, and intramuscular that are 8 consistent with the naturopathic physician's education and 9 training. 10 (4) Order prescription drugs, devices, and natural medicines 11 under the formulary approved by the council and adopted by 12 rule of the board. 13 (5) Administer or perform: 14 (A) hot or cold hydrotherapy; 15 (B) naturopathic physical medicine; 16 (C) electromagnetic energy; 17 (D) colon hydrotherapy; and 18 (E) therapeutic exercise. 19 (6) Dispense, administer, or order devices, including: 20 (A) therapeutic devices; 21 (B) barrier contraception; and 22 (C) durable medical equipment. 23 (7) Provide health education and health counseling. 24 (8) Subject to section 10 of this chapter: 25 (A) provide repair and care incidental to superficial 26 lacerations and abrasions; and 27 (B) remove foreign bodies located in superficial tissues. 28 (9) Provide musculoskeletal manipulation that is consistent 29 with the naturopathic physician's education and training. 30 Sec. 9. A naturopathic physician may not do any of the 31 following: 32 (1) Prescribe or administer any controlled substance or device 33 identified in the federal Controlled Substances Act (21 U.S.C. 34 801 et seq.), except under the formulary approved by the 35 council and adopted by rule of the board. 36 (2) Except for minor office procedures, perform surgical 37 procedures, including procedures using a laser device or that 38 involve the eyes, ears, tendons, nerves, veins, or arteries 39 extending beyond superficial tissues. 40 (3) Practice or claim to practice as a health care provider who 41 is regulated under this title unless the naturopathic physician 42 is licensed, certified, registered, or regulated by an entity 2024 IN 262—LS 6721/DI 148 10 1 described in IC 25-0.5-11 that governs that type of health care 2 provider. 3 (4) Use general or spinal anesthetics. 4 (5) Administer ionizing radioactive substances for therapeutic 5 purposes. 6 (6) Perform acupuncture, unless the naturopathic physician 7 is approved by the board to perform acupuncture or is a 8 licensed acupuncturist. 9 Sec. 10. The board may approve a naturopathic physician to 10 perform minor office procedures only if the naturopathic 11 physician: 12 (1) graduated from an approved naturopathic medical 13 program that included minor office procedures as part of its 14 curriculum; or 15 (2) meets the training requirements regarding minor office 16 procedures adopted by the board. 17 Sec. 11. The board may approve a naturopathic physician to 18 perform acupuncture only if the naturopathic physician: 19 (1) graduated from an approved naturopathic medical 20 program that included acupuncture as part of its curriculum; 21 or 22 (2) meets the training requirements regarding acupuncture 23 adopted by the board. 24 Sec. 12. Subject to IC 25-1-2 and IC 25-1-5-4(b)(2), a license 25 issued under this article is valid for a period of two (2) years. 26 Sec. 13. License renewal must comply with IC 25-1-2-6. 27 Sec. 14. The board shall renew the license of a naturopathic 28 physician who: 29 (1) submits a renewal application on the form that the board 30 requires; 31 (2) pays a renewal fee set by the board; 32 (3) is otherwise entitled to be licensed; and 33 (4) meets the continuing education requirements adopted by 34 the board. 35 Sec. 15. (a) The board may classify the license of a naturopathic 36 physician as inactive if: 37 (1) the board receives written notification from the 38 naturopathic physician stating that the naturopathic 39 physician will not practice naturopathic medicine in Indiana; 40 and 41 (2) the naturopathic physician pays to the board the inactive 42 status fee set by the board. 2024 IN 262—LS 6721/DI 148 11 1 (b) The holder of an inactive license issued under this section is 2 not required to fulfill continuing education requirements set by the 3 board. 4 Sec. 16. The board shall issue a license to a naturopathic 5 physician who is on inactive status if the naturopathic physician is 6 otherwise entitled to be licensed under this article and submits to 7 the board: 8 (1) satisfactory evidence of compliance with the continuing 9 education requirements the board adopts for this purpose; 10 and 11 (2) a reinstatement fee set by the board. 12 Sec. 17. The board shall reinstate a delinquent or lapsed license 13 of a naturopathic physician who complies with the requirements 14 under IC 25-1-8-6. 15 Sec. 18. Subject to IC 25-1-9-14, a naturopathic physician who 16 is subject to an investigation or hearing before the board may not 17 surrender the naturopathic physician's license. 18 Chapter 5. Naturopathic Formulary Council 19 Sec. 1. The naturopathic formulary council is established under 20 the executive branch of state government as a continuing council. 21 The council's purpose is to establish a formulary for use by 22 naturopathic physicians and to review and update the formulary 23 as necessary. 24 Sec. 2. (a) The council consists of the following five (5) members, 25 who are voting members: 26 (1) Two (2) naturopathic physicians licensed under this 27 article, appointed by the board. 28 (2) Two (2) pharmacists licensed under IC 25-26, appointed 29 by the board from a list of nominees provided by the Indiana 30 board of pharmacy. 31 (3) One (1) physician licensed under IC 25-22.5, appointed by 32 the board from a list of nominees provided by the medical 33 licensing board of Indiana. 34 (b) Except as provided in subsection (c), a council member 35 serves for a term of four (4) years with the term expiring on 36 December 31 of an odd-numbered year. At the end of a term, a 37 council member continues to serve until a successor is appointed 38 and qualified. 39 (c) The initial council members appointed by the board serve a 40 term that ends December 31 of the following odd-numbered year. 41 However, the initial term does not constitute a full term for 42 purposes of section 3 of this chapter. 2024 IN 262—LS 6721/DI 148 12 1 Sec. 3. A member may not serve more than two (2) consecutive 2 full terms. 3 Sec. 4. If a vacancy occurs on the council, the board shall 4 appoint a new member who meets the qualifications of the vacancy 5 to serve the remainder of the vacant term. 6 Sec. 5. The board may remove any member of the council for 7 cause before expiration of the member's term. 8 Sec. 6. The following apply to the operation of the council: 9 (1) A quorum of the council consists of a majority of the 10 council members. 11 (2) The chairperson shall determine the time and place for 12 meetings. 13 (3) Members of the council are not entitled to a salary per 14 diem or reimbursement for expenses. 15 (4) The council shall meet at least one (1) time each year and 16 at the call of the board. 17 (5) The board shall call the first meeting of the council, at 18 which the council members shall elect a chairperson. 19 Thereafter, council members shall annually elect a 20 chairperson. 21 (6) At least three (3) affirmative votes are required for the 22 council to take any official action. 23 Sec. 7. (a) The council shall establish a formulary for use by 24 naturopathic physicians that is consistent with the training 25 provided by approved naturopathic education programs. However, 26 the formulary list may not go beyond the scope of natural 27 medicines, prescription drugs, or devices covered by approved 28 naturopathic education and training or board approved continuing 29 education. 30 (b) After the adoption or revision of the formulary, the council 31 shall transmit the approved formulary to the board. 32 (c) The board may adopt rules under IC 4-22-2 to implement the 33 formulary. 34 Sec. 8. The council shall review the formulary annually or at the 35 request of the board. 36 Sec. 9. The Indiana professional licensing agency shall staff the 37 council. Expenses of the council shall be paid from appropriations 38 to the Indiana professional licensing agency. 39 Chapter 6. Naturopathic Childbirth Attendance Advisory 40 Commission 41 Sec. 1. The naturopathic childbirth attendance advisory 42 commission is established under the executive branch of state 2024 IN 262—LS 6721/DI 148 13 1 government as a continuing commission. The purpose of the 2 advisory commission is to make recommendations to the board 3 concerning the practice of naturopathic childbirth attendance. 4 Sec. 2. (a) The advisory commission consists of the following 5 members, who serve as voting members, appointed by the 6 governor: 7 (1) One (1) physician with clinical specialty in obstetrics or 8 board certification in obstetrics from the American Board of 9 Obstetrics and Gynecology. 10 (2) One (1) certified nurse midwife (as described in 11 IC 25-23-1-13.1). 12 (3) One (1) certified direct entry midwife (as described in 13 IC 25-23.4-3-1). 14 (4) Two (2) naturopathic physicians with clinical experience 15 in natural childbirth. 16 (b) Except as provided in subsection (c), members of the 17 advisory commission serve for a term of four (4) years with the 18 term expiring on December 31. At the end of a term, a member 19 continues to serve until a successor is appointed and qualified. 20 (c) The initial advisory commission members appointed by the 21 governor must serve a term that ends December 31 of the following 22 odd-numbered year. However, the initial term does not constitute 23 a full term for purposes of section 3 of this chapter. 24 Sec. 3. A member may not serve more than two (2) consecutive 25 full terms. 26 Sec. 4. If a vacancy occurs on the advisory commission, the 27 governor shall appoint a new member who meets the qualifications 28 of the vacancy to serve the remainder of the vacant term. 29 Sec. 5. The governor may remove any member of the advisory 30 commission for cause before expiration of the member's term. 31 Sec. 6. The following apply to the operation of the advisory 32 commission: 33 (1) A quorum of the advisory commission consists of a 34 majority of the advisory commission members. 35 (2) The board shall call the first meeting of the advisory 36 commission, at which the advisory commission members shall 37 elect a chairperson. Thereafter, advisory commission 38 members shall annually elect a chairperson. 39 (3) Members of the advisory commission are not entitled to a 40 salary per diem or reimbursement for expenses. 41 (4) The advisory commission shall meet at least one (1) time 42 each year and at the call of the board. 2024 IN 262—LS 6721/DI 148 14 1 (5) The chairperson shall determine the time and place for 2 meetings. 3 (6) At least three (3) affirmative votes are required for the 4 advisory commission to take any official action. 5 Sec. 7. The advisory commission shall review naturopathic 6 education and training standards and make specific 7 recommendations to the board regarding the qualifications to 8 practice naturopathic childbirth attendance, including the 9 following: 10 (1) Graduation from a naturopathic midwifery or 11 naturopathic obstetrics program that is offered by an 12 approved naturopathic medical program. 13 (2) Passage of: 14 (A) the North American Registry of Midwives (NARM) 15 examination; 16 (B) the American College of Naturopathic Obstetrics 17 (ACNO) examination; or 18 (C) an examination that is determined by the advisory 19 commission to be the equivalent of an examination 20 described in clause (A) or (B). 21 Sec. 8. The advisory commission shall make recommendations 22 to the board concerning the practice of naturopathic childbirth 23 attendance. 24 Sec. 9. The board shall adopt a rule under IC 4-22-2 25 incorporating the recommendations of the advisory commission to 26 be used in reviewing all naturopathic physician applicants seeking 27 privileges to perform natural childbirth attendance. 28 Sec. 10. The Indiana professional licensing agency shall staff the 29 advisory commission. Expenses of the advisory commission shall 30 be paid from appropriations to the Indiana professional licensing 31 agency. 32 Chapter 7. Standards of Practice and Discipline 33 Sec. 1. An individual who is licensed under this article is subject 34 to the standards of practice and discipline provisions under 35 IC 25-1-9. 36 Sec. 2. Subject to IC 25-1-7, the board shall investigate a 37 complaint that alleges a violation under this article. 38 Chapter 8. Unlawful Practice and Discipline 39 Sec. 1. Except as otherwise provided in this article, only a 40 naturopathic physician may practice naturopathic medicine. 41 Sec. 2. (a) Unless the individual is licensed under this article, an 42 individual may not: 2024 IN 262—LS 6721/DI 148 15 1 (1) represent to the public by title, description of services, 2 methods, procedures, or otherwise that the individual is 3 licensed to practice naturopathic medicine; 4 (2) use the title "naturopathic physician", "doctor of 5 naturopathic medicine", "doctor of naturopathy", 6 "naturopathic doctor", or "naturopath"; or 7 (3) use the initials "N.D.", "ND", "N.M.D.", or "NMD" after 8 the name of the individual; 9 to indicate or imply that the individual is licensed under this 10 article. 11 (b) A person who knowingly and intentionally violates this 12 section commits a Class A misdemeanor. 13 Sec. 3. Except for a person who is exempt from licensure under 14 this article, a person who knowingly and intentionally practices 15 naturopathic medicine without a license under this article commits 16 a Level 5 felony. 17 SECTION 11. IC 35-52-25-25.5 IS ADDED TO THE INDIANA 18 CODE AS A NEW SECTION TO READ AS FOLLOWS 19 [EFFECTIVE JULY 1, 2024]: Sec. 25.5. IC 25-22.7-8-2 defines a 20 crime concerning naturopathic physicians. 21 SECTION 12. IC 35-52-25-25.6 IS ADDED TO THE INDIANA 22 CODE AS A NEW SECTION TO READ AS FOLLOWS 23 [EFFECTIVE JULY 1, 2024]: Sec. 25.6. IC 25-22.7-8-3 defines a 24 crime concerning naturopathic physicians. 2024 IN 262—LS 6721/DI 148