Indiana 2024 Regular Session

Indiana Senate Bill SB0262 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 262
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-0.5; IC 25-22.7; IC 35-52-25.
7	7	Synopsis: Licensure of naturopathic physicians. Provides for the
8	8	licensure of naturopathic physicians. Specifies certain individuals who
9	9	are not required to be licensed. Establishes the board of naturopathic
10	10	medicine (board). Establishes license requirements. Requires licensed
11	11	naturopathic physicians to obtain continuing education for license
12	12	renewal. Establishes the naturopathic formulary council to establish a
13	13	formulary for naturopathic physicians. Establishes the childbirth
14	14	attendance advisory commission to provide recommendations
15	15	concerning the practice of naturopathic childbirth attendance. Provides
16	16	that an individual who is not licensed may not use certain descriptions,
17	17	titles, or initials to indicate or imply that the individual is a licensed
18	18	naturopathic physician. Establishes criminal penalties for certain
19	19	violations.
20	20	Effective: July 1, 2024.
21	21	Goode, Niezgodski
22	22	January 16, 2024, read first time and referred to Committee on Health and Provider
23	23	Services.
24	24	2024 IN 262—LS 6721/DI 148 Introduced
25	25	Second Regular Session of the 123rd General Assembly (2024)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2023 Regular Session of the General Assembly.
35	35	SENATE BILL No. 262
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	professions and occupations.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 25-0.5-1-24 IS ADDED TO THE INDIANA CODE
40	40	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41	41	3 1, 2024]: Sec. 24. IC 25-1-1.1-4 applies to an individual licensed
42	42	4 under IC 25-22.7 (naturopathic physicians).
43	43	5 SECTION 2. IC 25-0.5-2-37 IS ADDED TO THE INDIANA CODE
44	44	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
45	45	7 1, 2024]: Sec. 37. IC 25-1-2-2.1 applies to licenses held by
46	46	8 naturopathic physicians.
47	47	9 SECTION 3. IC 25-0.5-3-43 IS ADDED TO THE INDIANA CODE
48	48	10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
49	49	11 1, 2024]: Sec. 43. IC 25-1-2-6(b) applies to the board of
50	50	12 naturopathic medicine.
51	51	13 SECTION 4. IC 25-0.5-4-35 IS ADDED TO THE INDIANA CODE
52	52	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
53	53	15 1, 2024]: Sec. 35. The board of naturopathic medicine (IC
54	54	16 25-22.7-3) is a board under IC 25-1-4.
55	55	17 SECTION 5. IC 25-0.5-5-23 IS ADDED TO THE INDIANA CODE
56	56	2024 IN 262—LS 6721/DI 148 2
57	57	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
58	58	2 1, 2024]: Sec. 23. The Indiana professional licensing agency shall
59	59	3 perform administrative functions, duties, and responsibilities for
60	60	4 the board of naturopathic medicine (IC 25-22.7-3) under
61	61	5 IC 25-1-5-3(a).
62	62	6 SECTION 6. IC 25-0.5-6-22 IS ADDED TO THE INDIANA CODE
63	63	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
64	64	8 1, 2024]: Sec. 22. An individual licensed by the board of
65	65	9 naturopathic medicine (IC 25-22.7-3) is a provider under
66	66	10 IC 25-1-5-10.
67	67	11 SECTION 7. IC 25-0.5-8-39 IS ADDED TO THE INDIANA CODE
68	68	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
69	69	13 1, 2024]: Sec. 39. An occupation for which a person is licensed by
70	70	14 the board of naturopathic medicine (IC 25-22.7-3) is a regulated
71	71	15 occupation under IC 25-1-7.
72	72	16 SECTION 8. IC 25-0.5-10-36 IS ADDED TO THE INDIANA
73	73	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
74	74	18 [EFFECTIVE JULY 1, 2024]: Sec. 36. The board of naturopathic
75	75	19 medicine (IC 25-22.7-3) is a board under IC 25-1-8-6.
76	76	20 SECTION 9. IC 25-0.5-11-21 IS ADDED TO THE INDIANA
77	77	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
78	78	22 [EFFECTIVE JULY 1, 2024]: Sec. 21. The board of naturopathic
79	79	23 medicine (IC 25-22.7-3) is a board under IC 25-1-9.
80	80	24 SECTION 10. IC 25-22.7 IS ADDED TO THE INDIANA CODE
81	81	25 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
82	82	26 1, 2024]:
83	83	27 ARTICLE 22.7. NATUROPATHIC PHYSICIANS
84	84	28 Chapter 1. Applicability
85	85	29 Sec. 1. This article does not apply to the following:
86	86	30 (1) An individual who is employed by the United States to
87	87	31 practice naturopathic medicine while practicing within the
88	88	32 scope of that employment.
89	89	33 (2) An individual whose:
90	90	34 (A) license to practice naturopathic medicine is issued in
91	91	35 another state; and
92	92	36 (B) practice of naturopathic medicine is limited to
93	93	37 examinations, recommendations, or expert testimony.
94	94	38 (3) An individual who is a student enrolled in an approved
95	95	39 naturopathic medical program while studying under the
96	96	40 supervision of a licensed:
97	97	41 (A) naturopathic physician; or
98	98	42 (B) professional in the field of study.
99	99	2024 IN 262—LS 6721/DI 148 3
100	100	1 Sec. 2. Except as provided in IC 25-22.7-7-2, this article does not
101	101	2 apply to the following:
102	102	3 (1) An individual who practices a health occupation that the
103	103	4 individual is authorized to practice under this title or any
104	104	5 other law, including:
105	105	6 (A) wellness coaching; or
106	106	7 (B) counseling.
107	107	8 (2) An individual who treats the individual or individual's
108	108	9 family.
109	109	10 (3) A person that sells and provides information about
110	110	11 vitamins or herbs that the person offers for sale.
111	111	12 (4) A person that offers advice in the use of a therapy,
112	112	13 including herbal medicine, homeopathy, nutrition, or another
113	113	14 nondrug or nonsurgical therapy.
114	114	15 Chapter 2. Definitions
115	115	16 Sec. 0.5. The definitions in this chapter apply throughout this
116	116	17 article.
117	117	18 Sec. 1. "Advisory commission" refers to the naturopathic
118	118	19 childbirth attendance advisory commission established by
119	119	20 IC 25-22.7-6-1.
120	120	21 Sec. 2. "Approved naturopathic medical program" means a
121	121	22 naturopathic medical education program described in
122	122	23 IC 25-22.7-4-2.
123	123	24 Sec. 3. "Board" refers to the board of naturopathic medicine
124	124	25 established by IC 25-22.7-3-1.
125	125	26 Sec. 4. "Childbirth attendance" means the specialty practice of
126	126	27 natural childbirth by a naturopathic physician that includes the
127	127	28 management of normal pregnancy, normal labor and delivery, and
128	128	29 the normal postpartum period, including normal newborn care.
129	129	30 Sec. 5. "Council" refers to the naturopathic formulary council
130	130	31 established by IC 25-22.7-5-1.
131	131	32 Sec. 6. "Minor office procedures" means the methods for the
132	132	33 repair and care incidental to superficial lacerations and abrasions,
133	133	34 superficial lesions, and the removal of foreign bodies located in the
134	134	35 superficial tissues.
135	135	36 Sec. 7. "Naturopathic medicine" means a system of primary
136	136	37 care for:
137	137	38 (1) the prevention, diagnosis, and treatment of human health
138	138	39 conditions, injury, and disease;
139	139	40 (2) the promotion or restoration of health; and
140	140	41 (3) the support and stimulation of a patient's inherent
141	141	42 self-healing processes through patient education and the use
142	142	2024 IN 262—LS 6721/DI 148 4
143	143	1 of naturopathic therapies and therapeutic substances.
144	144	2 Sec. 8. "Naturopathic physician" means an individual who is
145	145	3 licensed to practice naturopathic medicine under this article.
146	146	4 Sec. 9. "Prescription drug" means any drug defined in the
147	147	5 federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.) if the
148	148	6 drug's label is required to bear the statement "Rx Only".
149	149	7 Chapter 3. Board of Naturopathic Medicine
150	150	8 Sec. 1. The board of naturopathic medicine is established under
151	151	9 the executive branch of state government as a continuing board.
152	152	10 The purpose of the board is to receive and review applications for
153	153	11 licensure under this article.
154	154	12 Sec. 2. (a) The board consists of five (5) members, who are
155	155	13 voting members. The board must include the following:
156	156	14 (1) Three (3) individuals who:
157	157	15 (A) are naturopathic physicians; and
158	158	16 (B) meet the requirements in section 3 of this chapter.
159	159	17 (2) Two (2) individuals who:
160	160	18 (A) do not have any association with the practice of
161	161	19 naturopathic medicine, except as a consumer; and
162	162	20 (B) meet the requirements in section 4 of this chapter.
163	163	21 (b) The governor shall appoint the board members. However,
164	164	22 the governor shall appoint the members under subsection (a)(1)
165	165	23 with the advice of the Indiana Association of Naturopathic
166	166	24 Physicians.
167	167	25 Sec. 3. Each naturopathic physician member of the board must
168	168	26 be:
169	169	27 (1) in good standing with the board;
170	170	28 (2) an Indiana resident who:
171	171	29 (A) has practiced; or
172	172	30 (B) has taught;
173	173	31 naturopathic medicine in Indiana for at least five (5) years
174	174	32 immediately before appointment; and
175	175	33 (3) beginning July 1, 2025, licensed under this article.
176	176	34 Sec. 4. Each consumer member of the board:
177	177	35 (1) must be a resident of Indiana;
178	178	36 (2) may not be or have been licensed to practice a health
179	179	37 occupation under this title; and
180	180	38 (3) may be or have been immediately related to an individual
181	181	39 who has a substantial connection with naturopathic education,
182	182	40 business, or practice.
183	183	41 Sec. 5. (a) Except as otherwise provided in this section, a board
184	184	42 member's term is four (4) years, with the term expiring on June 30.
185	185	2024 IN 262—LS 6721/DI 148 5
186	186	1 However, the board member continues to serve until a successor is
187	187	2 appointed and qualified.
188	188	3 (b) The governor shall make the board's initial appointments
189	189	4 not later than July 1, 2024, and the term for an initial board
190	190	5 member is three (3) years, with the term expiring on June 30, 2027.
191	191	6 Sec. 6. A member may not serve more than two (2) consecutive
192	192	7 full terms.
193	193	8 Sec. 7. If a vacancy occurs on the board, the governor shall:
194	194	9 (1) appoint a new member who meets the qualifications of the
195	195	10 vacancy to serve the remainder of the vacant term; and
196	196	11 (2) fill any vacancy on the board not later than sixty (60) days
197	197	12 after the date of the vacancy.
198	198	13 Sec. 8. The governor may remove any member of the board for
199	199	14 cause before the expiration of the member's term.
200	200	15 Sec. 9. The governor shall call the first meeting of the board, at
201	201	16 which the board members shall elect a chairperson, who serves a
202	202	17 term of one (1) year and may be reelected as chairperson.
203	203	18 Sec. 10. The following apply to the operation of the board:
204	204	19 (1) A quorum of the board consists of a majority of the board
205	205	20 members.
206	206	21 (2) The chairperson shall determine the time and place for
207	207	22 meetings.
208	208	23 (3) Members of the board are not entitled to a salary per diem
209	209	24 or reimbursement for expenses.
210	210	25 (4) The board shall meet at least one (1) time each year and at
211	211	26 the call of the chairperson or at the written request of two (2)
212	212	27 members of the board.
213	213	28 (5) At least three (3) affirmative votes are required for the
214	214	29 board to take any official action.
215	215	30 Sec. 11. The board may adopt rules under IC 4-22-2 to
216	216	31 administer this article.
217	217	32 Sec. 12. The board shall:
218	218	33 (1) evaluate the content for any clinical, practical, or
219	219	34 residency requirement for a license under this article;
220	220	35 (2) subject to IC 25-1-4, establish an approved program of
221	221	36 continuing education in naturopathic medicine, including:
222	222	37 (A) criteria;
223	223	38 (B) categories; and
224	224	39 (C) minimum hours required to be completed by licensed
225	225	40 persons in the license period preceding the date of license
226	226	41 renewal;
227	227	42 (3) enforce the standards of practice and conduct proceedings
228	228	2024 IN 262—LS 6721/DI 148 6
229	229	1 under IC 25-1-9;
230	230	2 (4) subject to IC 25-27.7-6, establish standards for childbirth
231	231	3 attendance;
232	232	4 (5) establish examination standards for licensing and time
233	233	5 frames for exam administration; and
234	234	6 (6) perform functions necessary to administer this article.
235	235	7 Sec. 13. The board shall establish fees under IC 25-1-8-2.
236	236	8 Sec. 14. The Indiana professional licensing agency shall staff the
237	237	9 board. Expenses of the board shall be paid from appropriations to
238	238	10 the Indiana professional licensing agency.
239	239	11 Chapter 4. License and Qualifications
240	240	12 Sec. 1. After December 31, 2025, except as otherwise provided
241	241	13 in this article, an individual must be licensed by the board before
242	242	14 the individual may practice naturopathic medicine.
243	243	15 Sec. 2. A naturopathic medical education program is approved
244	244	16 if the program meets one (1) of the following criteria:
245	245	17 (1) The program is located in the United States and:
246	246	18 (A) provides a doctoral degree in naturopathy or
247	247	19 naturopathic medicine;
248	248	20 (B) offers graduate level, full-time didactic, and supervised
249	249	21 clinical training;
250	250	22 (C) is accredited by or is a candidate for accreditation
251	251	23 before the Council on Naturopathic Medical Education or
252	252	24 an equivalent accrediting body for naturopathic medical
253	253	25 programs; and
254	254	26 (D) is part of an institution of higher education that is
255	255	27 either accredited by or a candidate for accreditation before
256	256	28 an accrediting agency that is recognized by the United
257	257	29 States Secretary of Education.
258	258	30 (2) The program is located in a college or university in
259	259	31 Canada and:
260	260	32 (A) grants a diploma for a degree equivalent to a degree
261	261	33 described in subdivision (1);
262	262	34 (B) offers graduate level, full-time didactic, and supervised
263	263	35 clinical training;
264	264	36 (C) is accredited by or is a candidate for accreditation
265	265	37 before the Council on Naturopathic Medical Education or
266	266	38 an equivalent federal and board recognized accrediting
267	267	39 body for naturopathic medical programs; and
268	268	40 (D) has provincial approval for participation in
269	269	41 government funded student aid programs.
270	270	42 (3) The program is from a degree granting college or
271	271	2024 IN 262—LS 6721/DI 148 7
272	272	1 university and:
273	273	2 (A) before the existence of the Council on Naturopathic
274	274	3 Medical Education:
275	275	4 (i) offered a full-time structured curriculum in basic
276	276	5 sciences and supervised patient care comprising a
277	277	6 doctoral naturopathic medical education;
278	278	7 (ii) required at least three (3) years of study as a
279	279	8 prerequisite for graduation; and
280	280	9 (iii) if in Canada, had provincial approval for
281	281	10 participation in government funded student aid
282	282	11 programs;
283	283	12 (B) is approved by the board; and
284	284	13 (C) if the program exists when the applicant applies for a
285	285	14 license:
286	286	15 (i) is accredited by the Council on Naturopathic Medical
287	287	16 Education or an equivalent accrediting agency; and
288	288	17 (ii) if in Canada, has provincial approval for
289	289	18 participation in government funded student aid
290	290	19 programs.
291	291	20 Sec. 3. An applicant for a license to practice naturopathic
292	292	21 medicine must:
293	293	22 (1) meet the requirements of this chapter;
294	294	23 (2) submit an application with the board;
295	295	24 (3) not have:
296	296	25 (A) a criminal conviction or disciplinary action that has a
297	297	26 direct bearing on the applicant's fitness to practice
298	298	27 naturopathic medicine; or
299	299	28 (B) committed an act that would be grounds for discipline
300	300	29 under IC 25-1-9;
301	301	30 (4) be physically and mentally capable of practicing
302	302	31 naturopathic medicine; and
303	303	32 (5) pay the application fee.
304	304	33 Sec. 4.Except as provided in this chapter, an applicant for a
305	305	34 license to practice naturopathic medicine must:
306	306	35 (1) have a doctorate in naturopathic medicine from an
307	307	36 approved naturopathic medical program; and
308	308	37 (2) either:
309	309	38 (A) pass a competency based national naturopathic
310	310	39 licensing examination administered by the North American
311	311	40 Board of Naturopathic Examiners, or its successor agency,
312	312	41 that has been nationally recognized to administer a
313	313	42 naturopathic examination that represents federal
314	314	2024 IN 262—LS 6721/DI 148 8
315	315	1 standards of education and training; or
316	316	2 (B) for graduates of an approved naturopathic medical
317	317	3 program, pass a board approved state competency
318	318	4 examination or Canadian provincial examination.
319	319	5 Sec. 5.If an applicant for a license to practice naturopathic
320	320	6 medicine is licensed, certified, or registered to practice
321	321	7 naturopathic medicine or any other health care occupation in
322	322	8 another state, the applicant must be in good standing with the
323	323	9 applicable state licensing, certification, or registration authority.
324	324	10 Sec. 6. An applicant who seeks to be licensed under this article
325	325	11 without passing an examination under section 4(2) of this chapter:
326	326	12 (1) must provide proof of licensure in good standing in each
327	327	13 state in which the applicant is licensed; and
328	328	14 (2) if the applicant has been licensed, certified, or registered
329	329	15 to practice naturopathic medicine in another state, shall
330	330	16 submit all evidence relating to:
331	331	17 (A) disciplinary action or any administrative penalties
332	332	18 against the applicant by another state; and
333	333	19 (B) any agreements the applicant entered into that limit
334	334	20 the applicant's professional conduct and practice,
335	335	21 including voluntary surrender of a license.
336	336	22 Sec. 7. The board shall issue a license to an applicant for a
337	337	23 license to practice naturopathic medicine who meets the
338	338	24 requirements of this chapter.
339	339	25 Sec. 8. A naturopathic physician may do the following:
340	340	26 (1) Order and perform physical and laboratory examinations
341	341	27 for diagnostic purposes, including:
342	342	28 (A) phlebotomy;
343	343	29 (B) clinical laboratory tests;
344	344	30 (C) orificial examinations; and
345	345	31 (D) physiological function tests.
346	346	32 (2) Order diagnostic imaging studies, if consistent with the
347	347	33 naturopathic physician's education and training.
348	348	34 (3) Dispense, order, prescribe, or administer:
349	349	35 (A) food and extracts of food;
350	350	36 (B) nutraceuticals;
351	351	37 (C) vitamins;
352	352	38 (D) amino acids;
353	353	39 (E) minerals;
354	354	40 (F) enzymes;
355	355	41 (G) botanicals, including botanical extracts;
356	356	42 (H) botanical medicines;
357	357	2024 IN 262—LS 6721/DI 148 9
358	358	1 (I) homeopathic medicines; and
359	359	2 (J) all dietary supplements and nonprescription drugs as
360	360	3 defined by the federal Food, Drug and Cosmetic Act (21
361	361	4 U.S.C. 301 et seq.);
362	362	5 using routes of administration that include oral, nasal,
363	363	6 auricular, ocular, rectal, vaginal, transdermal, intradermal,
364	364	7 subcutaneous, intravenous, and intramuscular that are
365	365	8 consistent with the naturopathic physician's education and
366	366	9 training.
367	367	10 (4) Order prescription drugs, devices, and natural medicines
368	368	11 under the formulary approved by the council and adopted by
369	369	12 rule of the board.
370	370	13 (5) Administer or perform:
371	371	14 (A) hot or cold hydrotherapy;
372	372	15 (B) naturopathic physical medicine;
373	373	16 (C) electromagnetic energy;
374	374	17 (D) colon hydrotherapy; and
375	375	18 (E) therapeutic exercise.
376	376	19 (6) Dispense, administer, or order devices, including:
377	377	20 (A) therapeutic devices;
378	378	21 (B) barrier contraception; and
379	379	22 (C) durable medical equipment.
380	380	23 (7) Provide health education and health counseling.
381	381	24 (8) Subject to section 10 of this chapter:
382	382	25 (A) provide repair and care incidental to superficial
383	383	26 lacerations and abrasions; and
384	384	27 (B) remove foreign bodies located in superficial tissues.
385	385	28 (9) Provide musculoskeletal manipulation that is consistent
386	386	29 with the naturopathic physician's education and training.
387	387	30 Sec. 9. A naturopathic physician may not do any of the
388	388	31 following:
389	389	32 (1) Prescribe or administer any controlled substance or device
390	390	33 identified in the federal Controlled Substances Act (21 U.S.C.
391	391	34 801 et seq.), except under the formulary approved by the
392	392	35 council and adopted by rule of the board.
393	393	36 (2) Except for minor office procedures, perform surgical
394	394	37 procedures, including procedures using a laser device or that
395	395	38 involve the eyes, ears, tendons, nerves, veins, or arteries
396	396	39 extending beyond superficial tissues.
397	397	40 (3) Practice or claim to practice as a health care provider who
398	398	41 is regulated under this title unless the naturopathic physician
399	399	42 is licensed, certified, registered, or regulated by an entity
400	400	2024 IN 262—LS 6721/DI 148 10
401	401	1 described in IC 25-0.5-11 that governs that type of health care
402	402	2 provider.
403	403	3 (4) Use general or spinal anesthetics.
404	404	4 (5) Administer ionizing radioactive substances for therapeutic
405	405	5 purposes.
406	406	6 (6) Perform acupuncture, unless the naturopathic physician
407	407	7 is approved by the board to perform acupuncture or is a
408	408	8 licensed acupuncturist.
409	409	9 Sec. 10. The board may approve a naturopathic physician to
410	410	10 perform minor office procedures only if the naturopathic
411	411	11 physician:
412	412	12 (1) graduated from an approved naturopathic medical
413	413	13 program that included minor office procedures as part of its
414	414	14 curriculum; or
415	415	15 (2) meets the training requirements regarding minor office
416	416	16 procedures adopted by the board.
417	417	17 Sec. 11. The board may approve a naturopathic physician to
418	418	18 perform acupuncture only if the naturopathic physician:
419	419	19 (1) graduated from an approved naturopathic medical
420	420	20 program that included acupuncture as part of its curriculum;
421	421	21 or
422	422	22 (2) meets the training requirements regarding acupuncture
423	423	23 adopted by the board.
424	424	24 Sec. 12. Subject to IC 25-1-2 and IC 25-1-5-4(b)(2), a license
425	425	25 issued under this article is valid for a period of two (2) years.
426	426	26 Sec. 13. License renewal must comply with IC 25-1-2-6.
427	427	27 Sec. 14. The board shall renew the license of a naturopathic
428	428	28 physician who:
429	429	29 (1) submits a renewal application on the form that the board
430	430	30 requires;
431	431	31 (2) pays a renewal fee set by the board;
432	432	32 (3) is otherwise entitled to be licensed; and
433	433	33 (4) meets the continuing education requirements adopted by
434	434	34 the board.
435	435	35 Sec. 15. (a) The board may classify the license of a naturopathic
436	436	36 physician as inactive if:
437	437	37 (1) the board receives written notification from the
438	438	38 naturopathic physician stating that the naturopathic
439	439	39 physician will not practice naturopathic medicine in Indiana;
440	440	40 and
441	441	41 (2) the naturopathic physician pays to the board the inactive
442	442	42 status fee set by the board.
443	443	2024 IN 262—LS 6721/DI 148 11
444	444	1 (b) The holder of an inactive license issued under this section is
445	445	2 not required to fulfill continuing education requirements set by the
446	446	3 board.
447	447	4 Sec. 16. The board shall issue a license to a naturopathic
448	448	5 physician who is on inactive status if the naturopathic physician is
449	449	6 otherwise entitled to be licensed under this article and submits to
450	450	7 the board:
451	451	8 (1) satisfactory evidence of compliance with the continuing
452	452	9 education requirements the board adopts for this purpose;
453	453	10 and
454	454	11 (2) a reinstatement fee set by the board.
455	455	12 Sec. 17. The board shall reinstate a delinquent or lapsed license
456	456	13 of a naturopathic physician who complies with the requirements
457	457	14 under IC 25-1-8-6.
458	458	15 Sec. 18. Subject to IC 25-1-9-14, a naturopathic physician who
459	459	16 is subject to an investigation or hearing before the board may not
460	460	17 surrender the naturopathic physician's license.
461	461	18 Chapter 5. Naturopathic Formulary Council
462	462	19 Sec. 1. The naturopathic formulary council is established under
463	463	20 the executive branch of state government as a continuing council.
464	464	21 The council's purpose is to establish a formulary for use by
465	465	22 naturopathic physicians and to review and update the formulary
466	466	23 as necessary.
467	467	24 Sec. 2. (a) The council consists of the following five (5) members,
468	468	25 who are voting members:
469	469	26 (1) Two (2) naturopathic physicians licensed under this
470	470	27 article, appointed by the board.
471	471	28 (2) Two (2) pharmacists licensed under IC 25-26, appointed
472	472	29 by the board from a list of nominees provided by the Indiana
473	473	30 board of pharmacy.
474	474	31 (3) One (1) physician licensed under IC 25-22.5, appointed by
475	475	32 the board from a list of nominees provided by the medical
476	476	33 licensing board of Indiana.
477	477	34 (b) Except as provided in subsection (c), a council member
478	478	35 serves for a term of four (4) years with the term expiring on
479	479	36 December 31 of an odd-numbered year. At the end of a term, a
480	480	37 council member continues to serve until a successor is appointed
481	481	38 and qualified.
482	482	39 (c) The initial council members appointed by the board serve a
483	483	40 term that ends December 31 of the following odd-numbered year.
484	484	41 However, the initial term does not constitute a full term for
485	485	42 purposes of section 3 of this chapter.
486	486	2024 IN 262—LS 6721/DI 148 12
487	487	1 Sec. 3. A member may not serve more than two (2) consecutive
488	488	2 full terms.
489	489	3 Sec. 4. If a vacancy occurs on the council, the board shall
490	490	4 appoint a new member who meets the qualifications of the vacancy
491	491	5 to serve the remainder of the vacant term.
492	492	6 Sec. 5. The board may remove any member of the council for
493	493	7 cause before expiration of the member's term.
494	494	8 Sec. 6. The following apply to the operation of the council:
495	495	9 (1) A quorum of the council consists of a majority of the
496	496	10 council members.
497	497	11 (2) The chairperson shall determine the time and place for
498	498	12 meetings.
499	499	13 (3) Members of the council are not entitled to a salary per
500	500	14 diem or reimbursement for expenses.
501	501	15 (4) The council shall meet at least one (1) time each year and
502	502	16 at the call of the board.
503	503	17 (5) The board shall call the first meeting of the council, at
504	504	18 which the council members shall elect a chairperson.
505	505	19 Thereafter, council members shall annually elect a
506	506	20 chairperson.
507	507	21 (6) At least three (3) affirmative votes are required for the
508	508	22 council to take any official action.
509	509	23 Sec. 7. (a) The council shall establish a formulary for use by
510	510	24 naturopathic physicians that is consistent with the training
511	511	25 provided by approved naturopathic education programs. However,
512	512	26 the formulary list may not go beyond the scope of natural
513	513	27 medicines, prescription drugs, or devices covered by approved
514	514	28 naturopathic education and training or board approved continuing
515	515	29 education.
516	516	30 (b) After the adoption or revision of the formulary, the council
517	517	31 shall transmit the approved formulary to the board.
518	518	32 (c) The board may adopt rules under IC 4-22-2 to implement the
519	519	33 formulary.
520	520	34 Sec. 8. The council shall review the formulary annually or at the
521	521	35 request of the board.
522	522	36 Sec. 9. The Indiana professional licensing agency shall staff the
523	523	37 council. Expenses of the council shall be paid from appropriations
524	524	38 to the Indiana professional licensing agency.
525	525	39 Chapter 6. Naturopathic Childbirth Attendance Advisory
526	526	40 Commission
527	527	41 Sec. 1. The naturopathic childbirth attendance advisory
528	528	42 commission is established under the executive branch of state
529	529	2024 IN 262—LS 6721/DI 148 13
530	530	1 government as a continuing commission. The purpose of the
531	531	2 advisory commission is to make recommendations to the board
532	532	3 concerning the practice of naturopathic childbirth attendance.
533	533	4 Sec. 2. (a) The advisory commission consists of the following
534	534	5 members, who serve as voting members, appointed by the
535	535	6 governor:
536	536	7 (1) One (1) physician with clinical specialty in obstetrics or
537	537	8 board certification in obstetrics from the American Board of
538	538	9 Obstetrics and Gynecology.
539	539	10 (2) One (1) certified nurse midwife (as described in
540	540	11 IC 25-23-1-13.1).
541	541	12 (3) One (1) certified direct entry midwife (as described in
542	542	13 IC 25-23.4-3-1).
543	543	14 (4) Two (2) naturopathic physicians with clinical experience
544	544	15 in natural childbirth.
545	545	16 (b) Except as provided in subsection (c), members of the
546	546	17 advisory commission serve for a term of four (4) years with the
547	547	18 term expiring on December 31. At the end of a term, a member
548	548	19 continues to serve until a successor is appointed and qualified.
549	549	20 (c) The initial advisory commission members appointed by the
550	550	21 governor must serve a term that ends December 31 of the following
551	551	22 odd-numbered year. However, the initial term does not constitute
552	552	23 a full term for purposes of section 3 of this chapter.
553	553	24 Sec. 3. A member may not serve more than two (2) consecutive
554	554	25 full terms.
555	555	26 Sec. 4. If a vacancy occurs on the advisory commission, the
556	556	27 governor shall appoint a new member who meets the qualifications
557	557	28 of the vacancy to serve the remainder of the vacant term.
558	558	29 Sec. 5. The governor may remove any member of the advisory
559	559	30 commission for cause before expiration of the member's term.
560	560	31 Sec. 6. The following apply to the operation of the advisory
561	561	32 commission:
562	562	33 (1) A quorum of the advisory commission consists of a
563	563	34 majority of the advisory commission members.
564	564	35 (2) The board shall call the first meeting of the advisory
565	565	36 commission, at which the advisory commission members shall
566	566	37 elect a chairperson. Thereafter, advisory commission
567	567	38 members shall annually elect a chairperson.
568	568	39 (3) Members of the advisory commission are not entitled to a
569	569	40 salary per diem or reimbursement for expenses.
570	570	41 (4) The advisory commission shall meet at least one (1) time
571	571	42 each year and at the call of the board.
572	572	2024 IN 262—LS 6721/DI 148 14
573	573	1 (5) The chairperson shall determine the time and place for
574	574	2 meetings.
575	575	3 (6) At least three (3) affirmative votes are required for the
576	576	4 advisory commission to take any official action.
577	577	5 Sec. 7. The advisory commission shall review naturopathic
578	578	6 education and training standards and make specific
579	579	7 recommendations to the board regarding the qualifications to
580	580	8 practice naturopathic childbirth attendance, including the
581	581	9 following:
582	582	10 (1) Graduation from a naturopathic midwifery or
583	583	11 naturopathic obstetrics program that is offered by an
584	584	12 approved naturopathic medical program.
585	585	13 (2) Passage of:
586	586	14 (A) the North American Registry of Midwives (NARM)
587	587	15 examination;
588	588	16 (B) the American College of Naturopathic Obstetrics
589	589	17 (ACNO) examination; or
590	590	18 (C) an examination that is determined by the advisory
591	591	19 commission to be the equivalent of an examination
592	592	20 described in clause (A) or (B).
593	593	21 Sec. 8. The advisory commission shall make recommendations
594	594	22 to the board concerning the practice of naturopathic childbirth
595	595	23 attendance.
596	596	24 Sec. 9. The board shall adopt a rule under IC 4-22-2
597	597	25 incorporating the recommendations of the advisory commission to
598	598	26 be used in reviewing all naturopathic physician applicants seeking
599	599	27 privileges to perform natural childbirth attendance.
600	600	28 Sec. 10. The Indiana professional licensing agency shall staff the
601	601	29 advisory commission. Expenses of the advisory commission shall
602	602	30 be paid from appropriations to the Indiana professional licensing
603	603	31 agency.
604	604	32 Chapter 7. Standards of Practice and Discipline
605	605	33 Sec. 1. An individual who is licensed under this article is subject
606	606	34 to the standards of practice and discipline provisions under
607	607	35 IC 25-1-9.
608	608	36 Sec. 2. Subject to IC 25-1-7, the board shall investigate a
609	609	37 complaint that alleges a violation under this article.
610	610	38 Chapter 8. Unlawful Practice and Discipline
611	611	39 Sec. 1. Except as otherwise provided in this article, only a
612	612	40 naturopathic physician may practice naturopathic medicine.
613	613	41 Sec. 2. (a) Unless the individual is licensed under this article, an
614	614	42 individual may not:
615	615	2024 IN 262—LS 6721/DI 148 15
616	616	1 (1) represent to the public by title, description of services,
617	617	2 methods, procedures, or otherwise that the individual is
618	618	3 licensed to practice naturopathic medicine;
619	619	4 (2) use the title "naturopathic physician", "doctor of
620	620	5 naturopathic medicine", "doctor of naturopathy",
621	621	6 "naturopathic doctor", or "naturopath"; or
622	622	7 (3) use the initials "N.D.", "ND", "N.M.D.", or "NMD" after
623	623	8 the name of the individual;
624	624	9 to indicate or imply that the individual is licensed under this
625	625	10 article.
626	626	11 (b) A person who knowingly and intentionally violates this
627	627	12 section commits a Class A misdemeanor.
628	628	13 Sec. 3. Except for a person who is exempt from licensure under
629	629	14 this article, a person who knowingly and intentionally practices
630	630	15 naturopathic medicine without a license under this article commits
631	631	16 a Level 5 felony.
632	632	17 SECTION 11. IC 35-52-25-25.5 IS ADDED TO THE INDIANA
633	633	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
634	634	19 [EFFECTIVE JULY 1, 2024]: Sec. 25.5. IC 25-22.7-8-2 defines a
635	635	20 crime concerning naturopathic physicians.
636	636	21 SECTION 12. IC 35-52-25-25.6 IS ADDED TO THE INDIANA
637	637	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
638	638	23 [EFFECTIVE JULY 1, 2024]: Sec. 25.6. IC 25-22.7-8-3 defines a
639	639	24 crime concerning naturopathic physicians.
640	640	2024 IN 262—LS 6721/DI 148