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Missouri Senate Bill SB1329

Missouri 2024 Regular Session

Missouri Senate Bill SB1329 Compare Versions

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22 SECOND REGULAR SESSION
33 SENATE BILL NO. 1329
44 102ND GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR SCHROER.
66 5182S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To amend chapter 334, RSMo, by adding thereto eight new sections relating to the licensure of
99 naturopathic physicians.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Chapter 334, RSMo, is amended b y adding thereto 1
1313 eight new sections, to be known as sections 334.1051, 334.1053, 2
1414 334.1056, 334.1059, 334.1062, 334.1065, 334.1068, and 334.1071, 3
1515 to read as follows:4
1616 334.1051. 1. Sections 334.1051 to 334.1071 shall be 1
1717 known and may be cited as the "Naturopathic Physicians 2
1818 Practice Act". 3
1919 2. As used in sections 334.1051 to 334.1071, the 4
2020 following terms mean: 5
2121 (1) "Approved naturopathic medical education program", 6
2222 an education program that the board has approved as meeting 7
2323 the requirements of section 334.1059 and that prepares 8
2424 naturopathic physicians for the practice of naturopathic 9
2525 medicine; 10
2626 (2) "Board", the board of naturopathic medicine; 11
2727 (3) "Clinical laboratory procedure", the use of 12
2828 venipuncture consistent with naturop athic medical practice, 13
2929 commonly used diagnostic modalities consistent with 14
3030 naturopathic practice, the recording of a patient's health 15
3131 history, physical examinations, and the ordering and 16
3232 interpretation of radiographic diagnostics and other 17 SB 1329 2
3333 standard imaging and examinations of body orifices, 18
3434 excluding endoscopy and colonoscopy. The term "clinical 19
3535 laboratory procedure" includes the practice of obtaining 20
3636 samples of human tissue, except surgical excision beyond any 21
3737 surgical excision that is authorize d as a minor office 22
3838 procedure; 23
3939 (4) "Controlled substance", a drug, substance or 24
4040 immediate precursor enumerated in Schedules I through V of 25
4141 section 195.017; 26
4242 (5) "Division", the division of professional 27
4343 registration within the department of c ommerce and insurance; 28
4444 (6) "Drug", the same meaning as such term is defined 29
4545 in section 195.010; 30
4646 (7) "Fund", the board of naturopathic medicine fund; 31
4747 (8) "Laboratory examination", phlebotomy, a clinical 32
4848 laboratory procedure, an orifice e xamination, a 33
4949 physiological function test, or a screening or test that is 34
5050 consistent with naturopathic education and training; 35
5151 (9) "License", a license issued by the board to an 36
5252 individual authorizing that individual to practice 37
5353 naturopathic medicine in this state pursuant to sections 38
5454 334.1051 to 334.1071 and rules of the board; 39
5555 (10) "Licensee", an individual who holds a license; 40
5656 (11) "Minor office procedure", minor surgical care and 41
5757 procedures, including, but not limited to, the fol lowing: 42
5858 (a) Surgical care incidental to superficial 43
5959 laceration, lesion, or abrasion, excluding surgical care to 44
6060 treat a lesion suspected of malignancy; 45
6161 (b) The removal of foreign bodies located in 46
6262 superficial structures, excluding the globe of the eye; 47
6363 (c) Trigger point therapy; 48
6464 (d) Dermal stimulation; 49 SB 1329 3
6565 (e) Allergy testing and treatment; and 50
6666 (f) The use of antiseptics and topical or local 51
6767 anesthetics; 52
6868 (12) "Naturopathic medicine", a system of health care 53
6969 for the prevention, diagnosis, and treatment of human health 54
7070 conditions, injury, and disease, the promotion or 55
7171 restoration of health, and the support and stimulation of a 56
7272 patient's inherent self -healing processes through patient 57
7373 education and the use of natur opathic therapies and 58
7474 therapeutic substances; 59
7575 (13) "Naturopathic physical medicine", the use of one 60
7676 or more of the following physical agents in a manner 61
7777 consistent with naturopathic medical practice on a part or 62
7878 the whole of the body, by hand or by mechanical means, in 63
7979 the resolution of a human ailment or condition: air, water, 64
8080 heat, cold, sound, light, electromagnetism, nondiagnostic 65
8181 ultrasound, cold laser, colon hydrotherapy, soft tissue 66
8282 therapy, joint mobilization, therapeutic exercise, 67
8383 naturopathic manipulation, and treatments taught in any 68
8484 approved naturopathic medical college that are not otherwise 69
8585 prohibited by sections 334.1051 to 334.1071. The term 70
8686 "naturopathic physical medicine" shall not include the 71
8787 practice of physical therap y or the application of 72
8888 chiropractic adjustments and the principles or techniques of 73
8989 chiropractic science; 74
9090 (14) "Naturopathic physician", an individual licensed 75
9191 in accordance with sections 334.1051 to 334.1071 to practice 76
9292 naturopathic medicine in this state; 77
9393 (15) "Nutritional counseling", the prevention and 78
9494 treatment of disease or other human conditions through the 79
9595 use of food, water, herbs, roots, bark, or natural food 80
9696 elements; 81 SB 1329 4
9797 (16) "Prescription", the same meaning as such term i s 82
9898 defined in section 338.095; 83
9999 (17) "Professional examination", a competency -based 84
100100 national naturopathic physician licensing examination 85
101101 administered by the North American Board of Naturopathic 86
102102 Examiners, or its successor agency, which board has b een 87
103103 nationally recognized to administer a naturopathic 88
104104 examination that represents federal standards of education 89
105105 and training; 90
106106 (18) "Therapeutic substance", any of the following 91
107107 exemplified in a standard naturopathic medical text, 92
108108 journal, or pharmacopeia: a botanical medicine, drug, 93
109109 homeopathic medicine, hormone, hormonal or pharmaceutical 94
110110 contraceptive device, mineral, nutraceutical, oxygen, 95
111111 vitamin, or any other physiological substance. 96
112112 334.1053. The board shall license an applicant who: 1
113113 (1) Is of good moral character, in accordance with 2
114114 standards established by the rules of the board; 3
115115 (2) Submits, in accordance with rules of the board, 4
116116 the following items to the board: 5
117117 (a) An application for licensur e designed and approved 6
118118 by the board; 7
119119 (b) An application fee submitted in an amount and 8
120120 manner established by the rules of the board; 9
121121 (c) Evidence that the applicant has graduated from an 10
122122 approved naturopathic medical education program; 11
123123 (d) Evidence that the applicant has successfully 12
124124 completed a competency -based national naturopathic medicine 13
125125 licensing examination; 14
126126 (e) Evidence that the applicant has passed a pharmacy 15
127127 examination authorized by the rules of the board and 16 SB 1329 5
128128 administered by the North American Board of Naturopathic 17
129129 Examiners; 18
130130 (f) Evidence that the applicant has passed a state 19
131131 jurisprudence examination that meets standards established 20
132132 by the rules of the board; and 21
133133 (g) Evidence of professional liabilit y insurance with 22
134134 policy limits not less than those prescribed by the board; 23
135135 (3) Is determined by the board to be physically and 24
136136 mentally capable of safely practicing naturopathic medicine 25
137137 with or without reasonable accommodation; and 26
138138 (4) Has not had a license to practice naturopathic 27
139139 medicine or other health care license, registration, or 28
140140 certification refused, revoked, or suspended by any other 29
141141 jurisdiction for reasons that relate to the applicant's 30
142142 ability to skillfully and safely pract ice naturopathic 31
143143 medicine, unless that license, registration, or 32
144144 certification has been restored to good standing by the 33
145145 jurisdiction. 34
146146 334.1056. 1. There is hereby established the "Board 1
147147 of Naturopathic Medicine" within the divisio n of 2
148148 professional registration. 3
149149 2. The board shall consist of five members appointed 4
150150 by the governor, with the advice and consent of the senate. 5
151151 All of the members shall be residents of this state. Except 6
152152 as provided in subsection 3 of this sec tion, three members 7
153153 shall be licensed as naturopathic physicians pursuant to 8
154154 sections 334.1051 to 334.1071. One member shall be a 9
155155 physician or surgeon licensed pursuant to section 334.031. 10
156156 One member shall be a member of the public as provided by 11
157157 subsection 4 of this section. The initial appointments of 12
158158 members to the board shall be one member for a term of one 13
159159 year, one member for a term of two years, two members for 14 SB 1329 6
160160 terms of three years, and one member for a term of four 15
161161 years. After the initial appointments, all members shall be 16
162162 appointed for terms of three years, and no member of the 17
163163 board shall serve more than three terms. 18
164164 3. The initial three members of the board serving as 19
165165 the naturopathic physician members shall have at least tw o 20
166166 years of experience in the practice of naturopathic medicine 21
167167 and shall be eligible to become licensed pursuant to 22
168168 sections 334.051 to 334.1071. After the initial 23
169169 appointments of members to the board, each naturopathic 24
170170 physician member shall be lice nsed pursuant to sections 25
171171 334.051 to 334.1071 and shall actively practice naturopathic 26
172172 medicine in this state for the duration of his or her term. 27
173173 4. The public member shall be, at the time of his or 28
174174 her appointment, a citizen of the United States , a resident 29
175175 of this state for a period of at least one year, and a 30
176176 registered voter. The public member shall not have been a 31
177177 member of any profession licensed or regulated pursuant to 32
178178 sections 334.1051 to 334.1071 or an immediate family member 33
179179 of a member of such profession, and shall not have a 34
180180 material, financial interest in either the provision of 35
181181 naturopathic medicine or in an activity or organization 36
182182 directly related to any profession licensed or regulated 37
183183 pursuant to sections 334.051 to 334 .1071. The duties of the 38
184184 public member shall not include the determination of the 39
185185 technical requirements for licensure, whether an applicant 40
186186 for licensure meets such technical requirements, or of the 41
187187 technical competence or judgment of a licensee or a n 42
188188 applicant for licensure. 43
189189 5. In the event of death, resignation, or removal of 44
190190 any member of the board before the expiration of his or her 45 SB 1329 7
191191 term, the vacancy shall be filled for the unexpired portion 46
192192 of the term in the same manner as the original appointment. 47
193193 6. The governor may remove a member of the board for 48
194194 misconduct, incompetence, or neglect of official duties 49
195195 after giving the member written notice of the charges and 50
196196 allowing the member an opportunity to be heard. 51
197197 7. Notwithstanding any other provision of law to the 52
198198 contrary, any appointed member of the board shall receive as 53
199199 compensation an amount established by the director of the 54
200200 division not to exceed seventy -five dollars for each day 55
201201 related to the business of the boar d in addition to any 56
202202 actual and necessary expenses, including, but not limited 57
203203 to, travel expenses. The director of the division shall 58
204204 establish, by rule, guidelines for payment. All staff of 59
205205 the board shall be provided by the division. 60
206206 8. The board shall, within thirty days after the 61
207207 initial appointment of the members and at least annually 62
208208 thereafter, hold a meeting and elect from the members a 63
209209 chair, vice chair, and secretary. The board may hold 64
210210 additional meetings as may be required in t he performance of 65
211211 the duties of the board at the call of the chair or upon the 66
212212 written request of any two members of the board. A notice 67
213213 of every meeting of the board shall be given to each member 68
214214 at least three days prior to the date of the meeting. The 69
215215 board may appoint such committees as it considers necessary 70
216216 to carry out the duties provided by sections 334.051 to 71
217217 334.1071. A quorum of the board shall consist of a majority 72
218218 of the members. The affirmative vote of a majority of a 73
219219 quorum of the board is required to adopt a motion, 74
220220 resolution, rule, or measure. 75
221221 334.1059. The board shall establish, by rule, 1
222222 guidelines for the licensure requirements provided in 2 SB 1329 8
223223 section 334.1053 relating to graduation from an approved 3
224224 naturopathic medical education program and successful 4
225225 completion of a competency -based national naturopathic 5
226226 medicine licensing examination. The guidelines shall meet 6
227227 the requirements of this section and the board's 7
228228 specifications for the education of natur opathic 8
229229 physicians. The approved naturopathic medical education 9
230230 program shall, at a minimum, require: 10
231231 (1) Graduation from: 11
232232 (a) A naturopathic medical education program in the 12
233233 United States providing the degree of doctor of naturopathic 13
234234 medicine, which shall: 14
235235 a. Offer graduate-level, full-time didactic and 15
236236 supervised clinical training; 16
237237 b. Be accredited or have achieved candidacy status for 17
238238 accreditation by the Council on Naturopathic Medical 18
239239 Education, or an equivalent federal ly-recognized accrediting 19
240240 body for naturopathic medical programs recognized by the 20
241241 board; and 21
242242 c. Be an institution of higher education or part of an 22
243243 institution of higher education that is either accredited or 23
244244 is a candidate for accreditation by a regional or national 24
245245 institutional accrediting agency recognized by the United 25
246246 States Secretary of Education; 26
247247 (b) A degree-granting institution of higher education 27
248248 that, prior to the existence of the Council on Naturopathic 28
249249 Medical Education, o ffered a full-time, structured 29
250250 curriculum in basic sciences and supervised patient care 30
251251 comprising a doctoral naturopathic medical education 31
252252 requiring not less than one hundred thirty -two weeks of 32
253253 coursework to be completed within a period of not less than 33
254254 thirty-five months, was reputable and in good standing in 34 SB 1329 9
255255 the judgment of the board, and if still in existence, has 35
256256 current programmatic accreditation by the Council on 36
257257 Naturopathic Medical Education or a federally -recognized 37
258258 equivalent accrediti ng agency; 38
259259 (c) A diploma-granting, degree-equivalent institution 39
260260 of higher education located in Canada that, prior to the 40
261261 existence of the Council on Naturopathic Medical Education, 41
262262 had provincial approval for participation in government - 42
263263 funded student aid programs, offered a full -time, structured 43
264264 curriculum in basic sciences and supervised patient care 44
265265 comprising a doctoral naturopathic medical education 45
266266 requiring not less than one hundred thirty -two weeks of 46
267267 coursework to be completed within a period of not less than 47
268268 thirty months, was reputable and in good standing in the 48
269269 judgment of the board, and if still in existence, has 49
270270 current programmatic accreditation by the Council on 50
271271 Naturopathic Medical Education or a federally -recognized 51
272272 equivalent accrediting agency and has current provincial 52
273273 approval for participation in government -funded student aid 53
274274 programs; or 54
275275 (d) A diploma-granting, degree-equivalent institution 55
276276 of higher education located in Canada that has provincial 56
277277 approval for participation in government -funded student aid 57
278278 programs, offers graduate -level, full-time didactic and 58
279279 supervised clinical training, and is accredited or has 59
280280 achieved candidacy status for accreditation by the Council 60
281281 on Naturopathic Medical Educa tion or an equivalent federally - 61
282282 recognized accrediting body for naturopathic medical 62
283283 programs recognized by the board; and 63
284284 (2) Successful completion of a competency -based 64
285285 national naturopathic medicine licensing examination 65
286286 administered by the No rth American Board of Naturopathic 66 SB 1329 10
287287 Examiners or an equivalent agency recognized by the board, 67
288288 or for graduates of approved naturopathic medical programs 68
289289 in the United States prior to the existence of the Council 69
290290 on Naturopathic Medical Education, a com petency-based state 70
291291 naturopathic medicine licensing examination or equivalent 71
292292 Canadian provincial licensing examination for the practice 72
293293 of naturopathic medicine approved by the board. 73
294294 334.1062. 1. A licensee shall display his or he r 1
295295 license in his or her place of business in a location 2
296296 clearly visible to the licensee's patients and shall display 3
297297 evidence of the licensee having completed an approved 4
298298 naturopathic medical education program. 5
299299 2. A licensee who practices, conduc ts affairs, or is 6
300300 employed at more than one location and who maintains a 7
301301 continuing activity as authorized by the license shall 8
302302 display a duplicate copy of such license issued by the board 9
303303 at each location. 10
304304 3. A licensee may practice naturopathic medicine to 11
305305 provide primary care in alignment with naturopathic medical 12
306306 education by: 13
307307 (1) Performing physical examinations; 14
308308 (2) Ordering laboratory examinations; 15
309309 (3) Performing clinical laboratory procedures; 16
310310 (4) Ordering diagnostic imaging studies including, but 17
311311 not limited to, x-rays, ultrasounds, mammograms, bone 18
312312 densitometries, computed tomographies, magnetic resonance 19
313313 imaging, and electrocardiograms; 20
314314 (5) Based on a radiologist's report, taking action on 21
315315 diagnostic imaging studies in a manner consistent with 22
316316 naturopathic training; 23
317317 (6) Interpreting the results of laboratory 24
318318 examinations for diagnostic purposes; 25 SB 1329 11
319319 (7) Prescribing, administering, dispensing, and 26
320320 ordering food, extracts of food, nutraceutical s, vitamins, 27
321321 amino acids, minerals, enzymes, botanicals and their 28
322322 extracts, botanical medicines, homeopathic medicines, human 29
323323 cellular and tissue-based products that are not regulated as 30
324324 drugs, and dietary supplements and nonprescription drugs as 31
325325 such terms are defined by the Federal Food, Drug, and 32
326326 Cosmetic Act, 21 U.S.C. Sections 321 and 355h; 33
327327 (8) Prescribing, administering, dispensing, and 34
328328 ordering: 35
329329 (a) All controlled substances within Schedules III, 36
330330 IV, and V as provided in section 1 95.017; or 37
331331 (b) Durable medical equipment and devices; 38
332332 (9) Administering substances authorized for 39
333333 intradermal, subcutaneous, intramuscular, intravenous, 40
334334 ligamentous, tendinous, periarticular, intra -articular, 41
335335 intravaginal, and intrauterine a dministration consistent 42
336336 with the education and training of a naturopathic physician; 43
337337 (10) Using routes of administration for substances 44
338338 that include oral, nasal, auricular, ocular, rectal, 45
339339 vaginal, transdermal, intradermal, subcutaneous, 46
340340 intravenous, intra-articular, and intramuscular consistent 47
341341 with the education and training of a naturopathic physician; 48
342342 (11) Performing naturopathic physical medicine; 49
343343 (12) Using therapeutic devices, barrier contraception, 50
344344 intrauterine devices, horm onal and pharmaceutical 51
345345 contraception, and durable medical equipment; 52
346346 (13) Performing minor office procedures; 53
347347 (14) Providing biofeedback and neurofeedback 54
348348 therapies; or 55
349349 (15) Providing health care counseling, nutritional 56
350350 counseling, and dietary therapy. 57 SB 1329 12
351351 4. A licensee who prescribes in accordance with 58
352352 subsection 3 of this section shall: 59
353353 (1) Record each prescription order in writing, which 60
354354 may include an electronically recorded and transmitted 61
355355 communication. The order shall include the name, address, 62
356356 and telephone number of the licensee; 63
357357 (2) Prescribe only when the licensee has adequate 64
358358 education, training, and experience to safely manage the 65
359359 medical regimen; and 66
360360 (3) Register with the United States Drug Enfor cement 67
361361 Administration in order to prescribe controlled substances 68
362362 authorized by sections 334.1051 to 334.1071. 69
363363 5. A licensee shall refer to a physician licensed and 70
364364 authorized to engage in the practice of medicine as 71
365365 described in section 334.010 any patient whose medical 72
366366 condition should, at the time of evaluation or treatment, be 73
367367 determined to be beyond the scope of practice of the 74
368368 licensee. 75
369369 6. A licensee shall not: 76
370370 (1) Perform surgery outside of the scope of minor 77
371371 office procedures permitted in the employment of 78
372372 naturopathic therapy; 79
373373 (2) Use general or spinal anesthetics; 80
374374 (3) Administer ionizing radioactive substances for 81
375375 therapeutic purposes; 82
376376 (4) Perform a surgical procedure using a laser device; 83
377377 (5) Perform a surgical procedure involving any of the 84
378378 following areas of the body that extend beyond superficial 85
379379 tissue: eyes, ears, tendons, nerves, veins, or arteries; 86
380380 (6) Perform an abortion, as such term is defined in 87
381381 section 188.015; 88 SB 1329 13
382382 (7) Treat any lesion suspected of malignancy or 89
383383 requiring surgical removal; or 90
384384 (8) Perform chiropractic adjustments. 91
385385 7. (1) A licensee shall have the exclusive right to 92
386386 use the following titles or abbreviations in reference to 93
387387 himself or herself: "n aturopathic physician", "naturopathic 94
388388 doctor", "doctor of naturopathic medicine", "N.D.", "ND", 95
389389 "N.M.D.", and "NMD". 96
390390 (2) An individual represents himself or herself to be 97
391391 a naturopathic physician or naturopathic doctor when the 98
392392 individual uses or adopts any of the following titles or 99
393393 abbreviations in reference to himself or herself: 100
394394 "naturopathic physician", "naturopathic doctor", "doctor of 101
395395 naturopathic medicine", "N.D.", "ND", "N.M.D.", and "NMD". 102
396396 (3) An individual shall not represent h imself or 103
397397 herself to the public as a naturopathic physician, 104
398398 naturopathic doctor, doctor of naturopathic medicine, or as 105
399399 being otherwise authorized to practice naturopathic medicine 106
400400 in the state, unless he or she is a licensee. 107
401401 334.1065. Nothing in sections 334.1051 to 334.1071 1
402402 shall be construed to prohibit or to restrict: 2
403403 (1) The practice of a health care profession by an 3
404404 individual who is licensed, certified, or registered under 4
405405 the laws of this state and who is performin g services within 5
406406 the individual's authorized scope of practice; 6
407407 (2) The practice of naturopathic medicine by a student 7
408408 enrolled in an approved naturopathic medical education 8
409409 program, provided that the practice of naturopathic medicine 9
410410 by the student is performed as specified by a course of 10
411411 instruction or an assignment from an instructor and under 11
412412 the supervision of an instructor who is a licensee or a duly 12
413413 licensed professional in the instructed field; 13 SB 1329 14
414414 (3) Any individual that sells a vit amin or herb from 14
415415 providing information about the vitamin or herb; 15
416416 (4) The practice of naturopathic medicine by an 16
417417 individual who is licensed to practice in any other state or 17
418418 district in the United States and who enters this state to 18
419419 consult with a naturopathic physician of this state, 19
420420 provided that the consultation is limited to examination, 20
421421 recommendation, or testimony in litigation; or 21
422422 (5) Any individual or practitioner who is not licensed 22
423423 as a naturopathic physician from recommending ayurvedic 23
424424 medicine, herbal remedies, nutritional advice, homeopathy, 24
425425 or other therapy that is within the scope of practice of 25
426426 naturopathic medicine, provided that the individual or 26
427427 practitioner shall not: 27
428428 (a) Use a title protected under subsecti on 7 of 28
429429 section 334.1062; 29
430430 (b) Represent or assume the character or appearance of 30
431431 a licensee; or 31
432432 (c) Use a name, title, or other designation that 32
433433 indicates or implies that the individual is a licensee. 33
434434 334.1068. 1. The board may refuse to issue, renew, or 1
435435 reinstate any license required by sections 334.1051 to 2
436436 334.1071 for one or any combination of causes provided in 3
437437 subsection 2 of this section. The board shall notify the 4
438438 applicant in writing of the reasons for the re fusal and 5
439439 shall advise the applicant of his or her right to file a 6
440440 complaint with the administrative hearing commission as 7
441441 provided by chapter 621. 8
442442 2. The board may cause a complaint to be filed with 9
443443 the administrative hearing commission as provi ded by chapter 10
444444 621 against any holder of any license required by sections 11
445445 334.1051 to 334.1071 or any person who has failed to renew 12 SB 1329 15
446446 or has surrendered the person's license for any one or any 13
447447 combination of the following causes: 14
448448 (1) The person has been finally adjudicated and found 15
449449 guilty, or entered a plea of guilty or nolo contendere, in a 16
450450 criminal prosecution pursuant to the laws of any state, of 17
451451 the United States, or of any country, for any offense 18
452452 directly related to the duties and respon sibilities of the 19
453453 profession regulated by sections 334.1051 to 334.1071, as 20
454454 set forth in section 324.012, regardless of whether or not 21
455455 sentence is imposed; 22
456456 (2) Use of fraud, deception, misrepresentation, or 23
457457 bribery in securing any license issued pursuant to sections 24
458458 334.1051 to 334.1071 or in obtaining permission to take any 25
459459 examination given or required pursuant to sections 334.1051 26
460460 to 334.1071; 27
461461 (3) Obtaining or attempting to obtain any fee, charge, 28
462462 tuition, or other compensation by fra ud, deception, or 29
463463 misrepresentation; 30
464464 (4) Incompetency, misconduct, gross negligence, fraud, 31
465465 misrepresentation, or dishonesty in the performance of the 32
466466 functions or duties of the profession regulated by sections 33
467467 334.1051 to 334.1071; 34
468468 (5) Violation of, or assisting or enabling any person 35
469469 to violate, any provision of sections 334.1051 to 334.1071, 36
470470 or of any lawful rule or regulation adopted pursuant to 37
471471 sections 334.1051 to 334.1071; 38
472472 (6) Impersonation of any person holding a license or 39
473473 allowing any other person to use his or her diploma from any 40
474474 school; 41
475475 (7) Disciplinary action against the holder of a 42
476476 license or other right to practice the professions regulated 43
477477 by sections 334.1051 to 334.1071 by another state, 44 SB 1329 16
478478 territory, federal agency, or country upon grounds for which 45
479479 revocation or suspension is authorized in this state; 46
480480 (8) The person is finally adjudged insane or 47
481481 incompetent by a court of competent jurisdiction; 48
482482 (9) Issuance of a license based upon a material 49
483483 mistake of fact; or 50
484484 (10) Use of any advertisement or solicitation which is 51
485485 false, misleading or deceptive to the general public or 52
486486 persons to whom the advertisement or solicitation is 53
487487 primarily directed. 54
488488 3. Any individual, organization, ass ociation or 55
489489 corporation who reports or provides information to the 56
490490 division pursuant to the provisions of sections 334.1051 to 57
491491 334.1071 and who does so in good faith and without 58
492492 negligence shall not be subject to an action for civil 59
493493 damages as a result thereof. 60
494494 4. After the filing of a complaint pursuant to 61
495495 subsection 2 of this section, the proceedings shall be 62
496496 conducted in accordance with the provisions of chapter 621. 63
497497 Upon a finding by the administrative hearing commission that 64
498498 one or more of the causes for disciplinary action provided 65
499499 in subsection 2 of this section are met, the board may, 66
500500 singly or in combination, censure or place the person named 67
501501 in the complaint on probation or suspension or revoke the 68
502502 license of the person on such terms and conditions as the 69
503503 division deems appropriate. 70
504504 334.1071. 1. The board shall adopt rules that are 1
505505 necessary or proper for the administration of sections 2
506506 334.1051 to 334.1071 including, but not limited to, rules: 3
507507 (1) Regulating the licensure of naturopathic 4
508508 physicians and determining the hours of continuing education 5 SB 1329 17
509509 units required for maintaining licensure as a naturopathic 6
510510 physician; 7
511511 (2) Prescribing the manner in which records of 8
512512 examinations and treatments s hall be kept and maintained; 9
513513 (3) Establishing standards for professional 10
514514 responsibility and conduct; 11
515515 (4) Identifying disciplinary actions and circumstances 12
516516 that require disciplinary action; 13
517517 (5) Developing a means to provide information to all 14
518518 licensees in the state; 15
519519 (6) Providing for the investigation of complaints 16
520520 against licensees or individuals holding themselves out as 17
521521 naturopathic physicians in the state; 18
522522 (7) Providing for the publication of information for 19
523523 the public about licensees and the practice of naturopathic 20
524524 medicine in the state; 21
525525 (8) Providing for an orderly process for reinstatement 22
526526 of a license; 23
527527 (9) Establishing criteria for advertising or 24
528528 promotional materials; 25
529529 (10) Establishing continuing education requirements 26
530530 and acceptable content; 27
531531 (11) Establishing standards for the state 28
532532 jurisprudence examination; 29
533533 (12) Establishing schedules for providing licensing 30
534534 examinations and for the issuance of examination results; 31
535535 (13) Establishing procedures and standards for 32
536536 reviewing licensing examination scores; 33
537537 (14) Establishing procedures for reviewing transcripts 34
538538 demonstrating completion of the approved naturopathic 35
539539 medical education program; 36 SB 1329 18
540540 (15) Establishing the requirements for issuance and 37
541541 renewal of licenses; and 38
542542 (16) Regulating any other matter necessary to 39
543543 implement sections 334.1051 to 334.1071. 40
544544 2. The board shall establish and maintain a list of 41
545545 naturopathic medical education programs that me et the 42
546546 statutory requirements of section 334.1059. 43
547547 3. The board shall administer and enforce the 44
548548 provisions of sections 334.1051 to 334.1071 and all rules 45
549549 adopted by the board pursuant to the authority granted in 46
550550 sections 334.1051 to 334.1071. 47
551551 4. The board shall set the amount of the fees which 48
552552 sections 334.1051 to 334.1071 authorize and require by rules 49
553553 and regulations promulgated under section 536.021. The fees 50
554554 shall be set at a level to produce revenue, which shall not 51
555555 substantially exceed the cost and expenses of administering 52
556556 sections 334.1051 to 334.1071. 53
557557 5. (1) There is hereby created in the state treasury 54
558558 the "Board of Naturopathic Medicine Fund", which shall 55
559559 consist of moneys collected pursuant to sections 334.1051 to 56
560560 334.1071. The state treasurer shall be custodian of the 57
561561 fund. In accordance with sections 30.170 and 30.180, the 58
562562 state treasurer may approve disbursements. The fund shall 59
563563 be a dedicated fund and money in the fund shall be used 60
564564 solely by the board f or the purposes of administration and 61
565565 enforcement of sections 334.1051 to 334.1071 by the board. 62
566566 (2) Notwithstanding the provisions of section 33.080 63
567567 to the contrary, any moneys remaining in the fund at the end 64
568568 of the biennium shall not revert to the credit of the 65
569569 general revenue fund. 66
570570 (3) The state treasurer shall invest moneys in the 67
571571 fund in the same manner as other funds are invested. Any 68 SB 1329 19
572572 interest and moneys earned on such investments shall be 69
573573 credited to the fund. 70
574574 6. The board shall employ permanent or temporary 71
575575 personnel it deems necessary to carry out the purposes of 72
576576 sections 334.1051 to 334.1071 and designate duties of such 73
577577 personnel. 74
578578 7. Any rule or portion of a rule, as that term is 75
579579 defined in section 536.010, that is created under the 76
580580 authority delegated in sections 334.1051 to 334.1071 shall 77
581581 become effective only if it complies with and is subject to 78
582582 all of the provisions of chapter 536 and, if applicable, 79
583583 section 536.028. This section and chapter 536 are 80
584584 nonseverable and if any of the powers vested with the 81
585585 general assembly pursuant to chapter 536 to review, to delay 82
586586 the effective date, or to disapprove and annul a rule are 83
587587 subsequently held unconstitutional, then the grant of 84
588588 rulemaking authority and an y rule proposed or adopted after 85
589589 August 28, 2024, shall be invalid and void. 86
590590