Indiana 2024 2024 Regular Session

Indiana Senate Bill SB0262 Introduced / Bill

Filed 01/11/2024

                     
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:
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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