SECOND REGULAR SESSION
SENATE BILL NO. 1329
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5182S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 334, RSMo, by adding thereto eight new sections relating to the licensure of
naturopathic physicians.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 334, RSMo, is amended b y adding thereto 1
eight new sections, to be known as sections 334.1051, 334.1053, 2
334.1056, 334.1059, 334.1062, 334.1065, 334.1068, and 334.1071, 3
to read as follows:4
334.1051. 1. Sections 334.1051 to 334.1071 shall be 1
known and may be cited as the "Naturopathic Physicians 2
Practice Act". 3
2. As used in sections 334.1051 to 334.1071, the 4
following terms mean: 5
(1) "Approved naturopathic medical education program", 6
an education program that the board has approved as meeting 7
the requirements of section 334.1059 and that prepares 8
naturopathic physicians for the practice of naturopathic 9
medicine; 10
(2) "Board", the board of naturopathic medicine; 11
(3) "Clinical laboratory procedure", the use of 12
venipuncture consistent with naturop athic medical practice, 13
commonly used diagnostic modalities consistent with 14
naturopathic practice, the recording of a patient's health 15
history, physical examinations, and the ordering and 16
interpretation of radiographic diagnostics and other 17 SB 1329 2
standard imaging and examinations of body orifices, 18
excluding endoscopy and colonoscopy. The term "clinical 19
laboratory procedure" includes the practice of obtaining 20
samples of human tissue, except surgical excision beyond any 21
surgical excision that is authorize d as a minor office 22
procedure; 23
(4) "Controlled substance", a drug, substance or 24
immediate precursor enumerated in Schedules I through V of 25
section 195.017; 26
(5) "Division", the division of professional 27
registration within the department of c ommerce and insurance; 28
(6) "Drug", the same meaning as such term is defined 29
in section 195.010; 30
(7) "Fund", the board of naturopathic medicine fund; 31
(8) "Laboratory examination", phlebotomy, a clinical 32
laboratory procedure, an orifice e xamination, a 33
physiological function test, or a screening or test that is 34
consistent with naturopathic education and training; 35
(9) "License", a license issued by the board to an 36
individual authorizing that individual to practice 37
naturopathic medicine in this state pursuant to sections 38
334.1051 to 334.1071 and rules of the board; 39
(10) "Licensee", an individual who holds a license; 40
(11) "Minor office procedure", minor surgical care and 41
procedures, including, but not limited to, the fol lowing: 42
(a) Surgical care incidental to superficial 43
laceration, lesion, or abrasion, excluding surgical care to 44
treat a lesion suspected of malignancy; 45
(b) The removal of foreign bodies located in 46
superficial structures, excluding the globe of the eye; 47
(c) Trigger point therapy; 48
(d) Dermal stimulation; 49 SB 1329 3
(e) Allergy testing and treatment; and 50
(f) The use of antiseptics and topical or local 51
anesthetics; 52
(12) "Naturopathic medicine", a system of health care 53
for the prevention, diagnosis, and treatment of human health 54
conditions, injury, and disease, the promotion or 55
restoration of health, and the support and stimulation of a 56
patient's inherent self -healing processes through patient 57
education and the use of natur opathic therapies and 58
therapeutic substances; 59
(13) "Naturopathic physical medicine", the use of one 60
or more of the following physical agents in a manner 61
consistent with naturopathic medical practice on a part or 62
the whole of the body, by hand or by mechanical means, in 63
the resolution of a human ailment or condition: air, water, 64
heat, cold, sound, light, electromagnetism, nondiagnostic 65
ultrasound, cold laser, colon hydrotherapy, soft tissue 66
therapy, joint mobilization, therapeutic exercise, 67
naturopathic manipulation, and treatments taught in any 68
approved naturopathic medical college that are not otherwise 69
prohibited by sections 334.1051 to 334.1071. The term 70
"naturopathic physical medicine" shall not include the 71
practice of physical therap y or the application of 72
chiropractic adjustments and the principles or techniques of 73
chiropractic science; 74
(14) "Naturopathic physician", an individual licensed 75
in accordance with sections 334.1051 to 334.1071 to practice 76
naturopathic medicine in this state; 77
(15) "Nutritional counseling", the prevention and 78
treatment of disease or other human conditions through the 79
use of food, water, herbs, roots, bark, or natural food 80
elements; 81 SB 1329 4
(16) "Prescription", the same meaning as such term i s 82
defined in section 338.095; 83
(17) "Professional examination", a competency -based 84
national naturopathic physician licensing examination 85
administered by the North American Board of Naturopathic 86
Examiners, or its successor agency, which board has b een 87
nationally recognized to administer a naturopathic 88
examination that represents federal standards of education 89
and training; 90
(18) "Therapeutic substance", any of the following 91
exemplified in a standard naturopathic medical text, 92
journal, or pharmacopeia: a botanical medicine, drug, 93
homeopathic medicine, hormone, hormonal or pharmaceutical 94
contraceptive device, mineral, nutraceutical, oxygen, 95
vitamin, or any other physiological substance. 96
334.1053. The board shall license an applicant who: 1
(1) Is of good moral character, in accordance with 2
standards established by the rules of the board; 3
(2) Submits, in accordance with rules of the board, 4
the following items to the board: 5
(a) An application for licensur e designed and approved 6
by the board; 7
(b) An application fee submitted in an amount and 8
manner established by the rules of the board; 9
(c) Evidence that the applicant has graduated from an 10
approved naturopathic medical education program; 11
(d) Evidence that the applicant has successfully 12
completed a competency -based national naturopathic medicine 13
licensing examination; 14
(e) Evidence that the applicant has passed a pharmacy 15
examination authorized by the rules of the board and 16 SB 1329 5
administered by the North American Board of Naturopathic 17
Examiners; 18
(f) Evidence that the applicant has passed a state 19
jurisprudence examination that meets standards established 20
by the rules of the board; and 21
(g) Evidence of professional liabilit y insurance with 22
policy limits not less than those prescribed by the board; 23
(3) Is determined by the board to be physically and 24
mentally capable of safely practicing naturopathic medicine 25
with or without reasonable accommodation; and 26
(4) Has not had a license to practice naturopathic 27
medicine or other health care license, registration, or 28
certification refused, revoked, or suspended by any other 29
jurisdiction for reasons that relate to the applicant's 30
ability to skillfully and safely pract ice naturopathic 31
medicine, unless that license, registration, or 32
certification has been restored to good standing by the 33
jurisdiction. 34
334.1056. 1. There is hereby established the "Board 1
of Naturopathic Medicine" within the divisio n of 2
professional registration. 3
2. The board shall consist of five members appointed 4
by the governor, with the advice and consent of the senate. 5
All of the members shall be residents of this state. Except 6
as provided in subsection 3 of this sec tion, three members 7
shall be licensed as naturopathic physicians pursuant to 8
sections 334.1051 to 334.1071. One member shall be a 9
physician or surgeon licensed pursuant to section 334.031. 10
One member shall be a member of the public as provided by 11
subsection 4 of this section. The initial appointments of 12
members to the board shall be one member for a term of one 13
year, one member for a term of two years, two members for 14 SB 1329 6
terms of three years, and one member for a term of four 15
years. After the initial appointments, all members shall be 16
appointed for terms of three years, and no member of the 17
board shall serve more than three terms. 18
3. The initial three members of the board serving as 19
the naturopathic physician members shall have at least tw o 20
years of experience in the practice of naturopathic medicine 21
and shall be eligible to become licensed pursuant to 22
sections 334.051 to 334.1071. After the initial 23
appointments of members to the board, each naturopathic 24
physician member shall be lice nsed pursuant to sections 25
334.051 to 334.1071 and shall actively practice naturopathic 26
medicine in this state for the duration of his or her term. 27
4. The public member shall be, at the time of his or 28
her appointment, a citizen of the United States , a resident 29
of this state for a period of at least one year, and a 30
registered voter. The public member shall not have been a 31
member of any profession licensed or regulated pursuant to 32
sections 334.1051 to 334.1071 or an immediate family member 33
of a member of such profession, and shall not have a 34
material, financial interest in either the provision of 35
naturopathic medicine or in an activity or organization 36
directly related to any profession licensed or regulated 37
pursuant to sections 334.051 to 334 .1071. The duties of the 38
public member shall not include the determination of the 39
technical requirements for licensure, whether an applicant 40
for licensure meets such technical requirements, or of the 41
technical competence or judgment of a licensee or a n 42
applicant for licensure. 43
5. In the event of death, resignation, or removal of 44
any member of the board before the expiration of his or her 45 SB 1329 7
term, the vacancy shall be filled for the unexpired portion 46
of the term in the same manner as the original appointment. 47
6. The governor may remove a member of the board for 48
misconduct, incompetence, or neglect of official duties 49
after giving the member written notice of the charges and 50
allowing the member an opportunity to be heard. 51
7. Notwithstanding any other provision of law to the 52
contrary, any appointed member of the board shall receive as 53
compensation an amount established by the director of the 54
division not to exceed seventy -five dollars for each day 55
related to the business of the boar d in addition to any 56
actual and necessary expenses, including, but not limited 57
to, travel expenses. The director of the division shall 58
establish, by rule, guidelines for payment. All staff of 59
the board shall be provided by the division. 60
8. The board shall, within thirty days after the 61
initial appointment of the members and at least annually 62
thereafter, hold a meeting and elect from the members a 63
chair, vice chair, and secretary. The board may hold 64
additional meetings as may be required in t he performance of 65
the duties of the board at the call of the chair or upon the 66
written request of any two members of the board. A notice 67
of every meeting of the board shall be given to each member 68
at least three days prior to the date of the meeting. The 69
board may appoint such committees as it considers necessary 70
to carry out the duties provided by sections 334.051 to 71
334.1071. A quorum of the board shall consist of a majority 72
of the members. The affirmative vote of a majority of a 73
quorum of the board is required to adopt a motion, 74
resolution, rule, or measure. 75
334.1059. The board shall establish, by rule, 1
guidelines for the licensure requirements provided in 2 SB 1329 8
section 334.1053 relating to graduation from an approved 3
naturopathic medical education program and successful 4
completion of a competency -based national naturopathic 5
medicine licensing examination. The guidelines shall meet 6
the requirements of this section and the board's 7
specifications for the education of natur opathic 8
physicians. The approved naturopathic medical education 9
program shall, at a minimum, require: 10
(1) Graduation from: 11
(a) A naturopathic medical education program in the 12
United States providing the degree of doctor of naturopathic 13
medicine, which shall: 14
a. Offer graduate-level, full-time didactic and 15
supervised clinical training; 16
b. Be accredited or have achieved candidacy status for 17
accreditation by the Council on Naturopathic Medical 18
Education, or an equivalent federal ly-recognized accrediting 19
body for naturopathic medical programs recognized by the 20
board; and 21
c. Be an institution of higher education or part of an 22
institution of higher education that is either accredited or 23
is a candidate for accreditation by a regional or national 24
institutional accrediting agency recognized by the United 25
States Secretary of Education; 26
(b) A degree-granting institution of higher education 27
that, prior to the existence of the Council on Naturopathic 28
Medical Education, o ffered a full-time, structured 29
curriculum in basic sciences and supervised patient care 30
comprising a doctoral naturopathic medical education 31
requiring not less than one hundred thirty -two weeks of 32
coursework to be completed within a period of not less than 33
thirty-five months, was reputable and in good standing in 34 SB 1329 9
the judgment of the board, and if still in existence, has 35
current programmatic accreditation by the Council on 36
Naturopathic Medical Education or a federally -recognized 37
equivalent accrediti ng agency; 38
(c) A diploma-granting, degree-equivalent institution 39
of higher education located in Canada that, prior to the 40
existence of the Council on Naturopathic Medical Education, 41
had provincial approval for participation in government - 42
funded student aid programs, offered a full -time, structured 43
curriculum in basic sciences and supervised patient care 44
comprising a doctoral naturopathic medical education 45
requiring not less than one hundred thirty -two weeks of 46
coursework to be completed within a period of not less than 47
thirty months, was reputable and in good standing in the 48
judgment of the board, and if still in existence, has 49
current programmatic accreditation by the Council on 50
Naturopathic Medical Education or a federally -recognized 51
equivalent accrediting agency and has current provincial 52
approval for participation in government -funded student aid 53
programs; or 54
(d) A diploma-granting, degree-equivalent institution 55
of higher education located in Canada that has provincial 56
approval for participation in government -funded student aid 57
programs, offers graduate -level, full-time didactic and 58
supervised clinical training, and is accredited or has 59
achieved candidacy status for accreditation by the Council 60
on Naturopathic Medical Educa tion or an equivalent federally - 61
recognized accrediting body for naturopathic medical 62
programs recognized by the board; and 63
(2) Successful completion of a competency -based 64
national naturopathic medicine licensing examination 65
administered by the No rth American Board of Naturopathic 66 SB 1329 10
Examiners or an equivalent agency recognized by the board, 67
or for graduates of approved naturopathic medical programs 68
in the United States prior to the existence of the Council 69
on Naturopathic Medical Education, a com petency-based state 70
naturopathic medicine licensing examination or equivalent 71
Canadian provincial licensing examination for the practice 72
of naturopathic medicine approved by the board. 73
334.1062. 1. A licensee shall display his or he r 1
license in his or her place of business in a location 2
clearly visible to the licensee's patients and shall display 3
evidence of the licensee having completed an approved 4
naturopathic medical education program. 5
2. A licensee who practices, conduc ts affairs, or is 6
employed at more than one location and who maintains a 7
continuing activity as authorized by the license shall 8
display a duplicate copy of such license issued by the board 9
at each location. 10
3. A licensee may practice naturopathic medicine to 11
provide primary care in alignment with naturopathic medical 12
education by: 13
(1) Performing physical examinations; 14
(2) Ordering laboratory examinations; 15
(3) Performing clinical laboratory procedures; 16
(4) Ordering diagnostic imaging studies including, but 17
not limited to, x-rays, ultrasounds, mammograms, bone 18
densitometries, computed tomographies, magnetic resonance 19
imaging, and electrocardiograms; 20
(5) Based on a radiologist's report, taking action on 21
diagnostic imaging studies in a manner consistent with 22
naturopathic training; 23
(6) Interpreting the results of laboratory 24
examinations for diagnostic purposes; 25 SB 1329 11
(7) Prescribing, administering, dispensing, and 26
ordering food, extracts of food, nutraceutical s, vitamins, 27
amino acids, minerals, enzymes, botanicals and their 28
extracts, botanical medicines, homeopathic medicines, human 29
cellular and tissue-based products that are not regulated as 30
drugs, and dietary supplements and nonprescription drugs as 31
such terms are defined by the Federal Food, Drug, and 32
Cosmetic Act, 21 U.S.C. Sections 321 and 355h; 33
(8) Prescribing, administering, dispensing, and 34
ordering: 35
(a) All controlled substances within Schedules III, 36
IV, and V as provided in section 1 95.017; or 37
(b) Durable medical equipment and devices; 38
(9) Administering substances authorized for 39
intradermal, subcutaneous, intramuscular, intravenous, 40
ligamentous, tendinous, periarticular, intra -articular, 41
intravaginal, and intrauterine a dministration consistent 42
with the education and training of a naturopathic physician; 43
(10) Using routes of administration for substances 44
that include oral, nasal, auricular, ocular, rectal, 45
vaginal, transdermal, intradermal, subcutaneous, 46
intravenous, intra-articular, and intramuscular consistent 47
with the education and training of a naturopathic physician; 48
(11) Performing naturopathic physical medicine; 49
(12) Using therapeutic devices, barrier contraception, 50
intrauterine devices, horm onal and pharmaceutical 51
contraception, and durable medical equipment; 52
(13) Performing minor office procedures; 53
(14) Providing biofeedback and neurofeedback 54
therapies; or 55
(15) Providing health care counseling, nutritional 56
counseling, and dietary therapy. 57 SB 1329 12
4. A licensee who prescribes in accordance with 58
subsection 3 of this section shall: 59
(1) Record each prescription order in writing, which 60
may include an electronically recorded and transmitted 61
communication. The order shall include the name, address, 62
and telephone number of the licensee; 63
(2) Prescribe only when the licensee has adequate 64
education, training, and experience to safely manage the 65
medical regimen; and 66
(3) Register with the United States Drug Enfor cement 67
Administration in order to prescribe controlled substances 68
authorized by sections 334.1051 to 334.1071. 69
5. A licensee shall refer to a physician licensed and 70
authorized to engage in the practice of medicine as 71
described in section 334.010 any patient whose medical 72
condition should, at the time of evaluation or treatment, be 73
determined to be beyond the scope of practice of the 74
licensee. 75
6. A licensee shall not: 76
(1) Perform surgery outside of the scope of minor 77
office procedures permitted in the employment of 78
naturopathic therapy; 79
(2) Use general or spinal anesthetics; 80
(3) Administer ionizing radioactive substances for 81
therapeutic purposes; 82
(4) Perform a surgical procedure using a laser device; 83
(5) Perform a surgical procedure involving any of the 84
following areas of the body that extend beyond superficial 85
tissue: eyes, ears, tendons, nerves, veins, or arteries; 86
(6) Perform an abortion, as such term is defined in 87
section 188.015; 88 SB 1329 13
(7) Treat any lesion suspected of malignancy or 89
requiring surgical removal; or 90
(8) Perform chiropractic adjustments. 91
7. (1) A licensee shall have the exclusive right to 92
use the following titles or abbreviations in reference to 93
himself or herself: "n aturopathic physician", "naturopathic 94
doctor", "doctor of naturopathic medicine", "N.D.", "ND", 95
"N.M.D.", and "NMD". 96
(2) An individual represents himself or herself to be 97
a naturopathic physician or naturopathic doctor when the 98
individual uses or adopts any of the following titles or 99
abbreviations in reference to himself or herself: 100
"naturopathic physician", "naturopathic doctor", "doctor of 101
naturopathic medicine", "N.D.", "ND", "N.M.D.", and "NMD". 102
(3) An individual shall not represent h imself or 103
herself to the public as a naturopathic physician, 104
naturopathic doctor, doctor of naturopathic medicine, or as 105
being otherwise authorized to practice naturopathic medicine 106
in the state, unless he or she is a licensee. 107
334.1065. Nothing in sections 334.1051 to 334.1071 1
shall be construed to prohibit or to restrict: 2
(1) The practice of a health care profession by an 3
individual who is licensed, certified, or registered under 4
the laws of this state and who is performin g services within 5
the individual's authorized scope of practice; 6
(2) The practice of naturopathic medicine by a student 7
enrolled in an approved naturopathic medical education 8
program, provided that the practice of naturopathic medicine 9
by the student is performed as specified by a course of 10
instruction or an assignment from an instructor and under 11
the supervision of an instructor who is a licensee or a duly 12
licensed professional in the instructed field; 13 SB 1329 14
(3) Any individual that sells a vit amin or herb from 14
providing information about the vitamin or herb; 15
(4) The practice of naturopathic medicine by an 16
individual who is licensed to practice in any other state or 17
district in the United States and who enters this state to 18
consult with a naturopathic physician of this state, 19
provided that the consultation is limited to examination, 20
recommendation, or testimony in litigation; or 21
(5) Any individual or practitioner who is not licensed 22
as a naturopathic physician from recommending ayurvedic 23
medicine, herbal remedies, nutritional advice, homeopathy, 24
or other therapy that is within the scope of practice of 25
naturopathic medicine, provided that the individual or 26
practitioner shall not: 27
(a) Use a title protected under subsecti on 7 of 28
section 334.1062; 29
(b) Represent or assume the character or appearance of 30
a licensee; or 31
(c) Use a name, title, or other designation that 32
indicates or implies that the individual is a licensee. 33
334.1068. 1. The board may refuse to issue, renew, or 1
reinstate any license required by sections 334.1051 to 2
334.1071 for one or any combination of causes provided in 3
subsection 2 of this section. The board shall notify the 4
applicant in writing of the reasons for the re fusal and 5
shall advise the applicant of his or her right to file a 6
complaint with the administrative hearing commission as 7
provided by chapter 621. 8
2. The board may cause a complaint to be filed with 9
the administrative hearing commission as provi ded by chapter 10
621 against any holder of any license required by sections 11
334.1051 to 334.1071 or any person who has failed to renew 12 SB 1329 15
or has surrendered the person's license for any one or any 13
combination of the following causes: 14
(1) The person has been finally adjudicated and found 15
guilty, or entered a plea of guilty or nolo contendere, in a 16
criminal prosecution pursuant to the laws of any state, of 17
the United States, or of any country, for any offense 18
directly related to the duties and respon sibilities of the 19
profession regulated by sections 334.1051 to 334.1071, as 20
set forth in section 324.012, regardless of whether or not 21
sentence is imposed; 22
(2) Use of fraud, deception, misrepresentation, or 23
bribery in securing any license issued pursuant to sections 24
334.1051 to 334.1071 or in obtaining permission to take any 25
examination given or required pursuant to sections 334.1051 26
to 334.1071; 27
(3) Obtaining or attempting to obtain any fee, charge, 28
tuition, or other compensation by fra ud, deception, or 29
misrepresentation; 30
(4) Incompetency, misconduct, gross negligence, fraud, 31
misrepresentation, or dishonesty in the performance of the 32
functions or duties of the profession regulated by sections 33
334.1051 to 334.1071; 34
(5) Violation of, or assisting or enabling any person 35
to violate, any provision of sections 334.1051 to 334.1071, 36
or of any lawful rule or regulation adopted pursuant to 37
sections 334.1051 to 334.1071; 38
(6) Impersonation of any person holding a license or 39
allowing any other person to use his or her diploma from any 40
school; 41
(7) Disciplinary action against the holder of a 42
license or other right to practice the professions regulated 43
by sections 334.1051 to 334.1071 by another state, 44 SB 1329 16
territory, federal agency, or country upon grounds for which 45
revocation or suspension is authorized in this state; 46
(8) The person is finally adjudged insane or 47
incompetent by a court of competent jurisdiction; 48
(9) Issuance of a license based upon a material 49
mistake of fact; or 50
(10) Use of any advertisement or solicitation which is 51
false, misleading or deceptive to the general public or 52
persons to whom the advertisement or solicitation is 53
primarily directed. 54
3. Any individual, organization, ass ociation or 55
corporation who reports or provides information to the 56
division pursuant to the provisions of sections 334.1051 to 57
334.1071 and who does so in good faith and without 58
negligence shall not be subject to an action for civil 59
damages as a result thereof. 60
4. After the filing of a complaint pursuant to 61
subsection 2 of this section, the proceedings shall be 62
conducted in accordance with the provisions of chapter 621. 63
Upon a finding by the administrative hearing commission that 64
one or more of the causes for disciplinary action provided 65
in subsection 2 of this section are met, the board may, 66
singly or in combination, censure or place the person named 67
in the complaint on probation or suspension or revoke the 68
license of the person on such terms and conditions as the 69
division deems appropriate. 70
334.1071. 1. The board shall adopt rules that are 1
necessary or proper for the administration of sections 2
334.1051 to 334.1071 including, but not limited to, rules: 3
(1) Regulating the licensure of naturopathic 4
physicians and determining the hours of continuing education 5 SB 1329 17
units required for maintaining licensure as a naturopathic 6
physician; 7
(2) Prescribing the manner in which records of 8
examinations and treatments s hall be kept and maintained; 9
(3) Establishing standards for professional 10
responsibility and conduct; 11
(4) Identifying disciplinary actions and circumstances 12
that require disciplinary action; 13
(5) Developing a means to provide information to all 14
licensees in the state; 15
(6) Providing for the investigation of complaints 16
against licensees or individuals holding themselves out as 17
naturopathic physicians in the state; 18
(7) Providing for the publication of information for 19
the public about licensees and the practice of naturopathic 20
medicine in the state; 21
(8) Providing for an orderly process for reinstatement 22
of a license; 23
(9) Establishing criteria for advertising or 24
promotional materials; 25
(10) Establishing continuing education requirements 26
and acceptable content; 27
(11) Establishing standards for the state 28
jurisprudence examination; 29
(12) Establishing schedules for providing licensing 30
examinations and for the issuance of examination results; 31
(13) Establishing procedures and standards for 32
reviewing licensing examination scores; 33
(14) Establishing procedures for reviewing transcripts 34
demonstrating completion of the approved naturopathic 35
medical education program; 36 SB 1329 18
(15) Establishing the requirements for issuance and 37
renewal of licenses; and 38
(16) Regulating any other matter necessary to 39
implement sections 334.1051 to 334.1071. 40
2. The board shall establish and maintain a list of 41
naturopathic medical education programs that me et the 42
statutory requirements of section 334.1059. 43
3. The board shall administer and enforce the 44
provisions of sections 334.1051 to 334.1071 and all rules 45
adopted by the board pursuant to the authority granted in 46
sections 334.1051 to 334.1071. 47
4. The board shall set the amount of the fees which 48
sections 334.1051 to 334.1071 authorize and require by rules 49
and regulations promulgated under section 536.021. The fees 50
shall be set at a level to produce revenue, which shall not 51
substantially exceed the cost and expenses of administering 52
sections 334.1051 to 334.1071. 53
5. (1) There is hereby created in the state treasury 54
the "Board of Naturopathic Medicine Fund", which shall 55
consist of moneys collected pursuant to sections 334.1051 to 56
334.1071. The state treasurer shall be custodian of the 57
fund. In accordance with sections 30.170 and 30.180, the 58
state treasurer may approve disbursements. The fund shall 59
be a dedicated fund and money in the fund shall be used 60
solely by the board f or the purposes of administration and 61
enforcement of sections 334.1051 to 334.1071 by the board. 62
(2) Notwithstanding the provisions of section 33.080 63
to the contrary, any moneys remaining in the fund at the end 64
of the biennium shall not revert to the credit of the 65
general revenue fund. 66
(3) The state treasurer shall invest moneys in the 67
fund in the same manner as other funds are invested. Any 68 SB 1329 19
interest and moneys earned on such investments shall be 69
credited to the fund. 70
6. The board shall employ permanent or temporary 71
personnel it deems necessary to carry out the purposes of 72
sections 334.1051 to 334.1071 and designate duties of such 73
personnel. 74
7. Any rule or portion of a rule, as that term is 75
defined in section 536.010, that is created under the 76
authority delegated in sections 334.1051 to 334.1071 shall 77
become effective only if it complies with and is subject to 78
all of the provisions of chapter 536 and, if applicable, 79
section 536.028. This section and chapter 536 are 80
nonseverable and if any of the powers vested with the 81
general assembly pursuant to chapter 536 to review, to delay 82
the effective date, or to disapprove and annul a rule are 83
subsequently held unconstitutional, then the grant of 84
rulemaking authority and an y rule proposed or adopted after 85
August 28, 2024, shall be invalid and void. 86