SB866: Bill Text

SB866,15,18 2. Using general or spinal anesthetics.

SB866,15,19 3. Administering ionizing radioactive substances for therapeutic purposes.

SB866,15,21 4. Performing surgical procedures involving the eye, ear, tendons, nerves, veins, or arteries that extend beyond superficial tissue.

SB866,15,23 5. Performing any procedure or other practice prohibited by the board by rule under s. 466.03 (2) (a).

SB866,15,24 (6) “Nonprescription drug product" has the meaning given in s. 450.01 (13m).

SB866,16,4 466.02 License required; use of titles. (1) (a) Except as provided in subs. (2) (a) and (b) and (3), no person may practice naturopathic medicine or make a representation as authorized to do so unless the person is licensed under this chapter.

SB866,16,15 (b) Except as provided in subs. (2) (b) and (3), no person may designate himself or herself as a naturopathic doctor or doctor of naturopathic medicine; use or assume the title “naturopathic physician,” “physician of naturopathic medicine,” “naturopathic doctor," “doctor of naturopathic medicine," “naturopathic medical doctor,” or “doctor of naturopathy"; use the words “naturopathic medicine” or “naturopathic health care” in connection with his or her practice; append to the person's name the letters “N.D.," “ND," “N.M.D.," or “NMD"; use any other titles, words, letters, abbreviations, insignia, or designation that would imply that the individual is licensed, certified, or registered as a naturopathic doctor or doctor of naturopathic medicine; or claim to render naturopathic medicine or naturopathic health care services unless the person is licensed under this chapter.

SB866,16,16 (2) (a) Subsection (1) (a) does not require a license for any of the following:

SB866,16,18 1. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

SB866,16,19 2. The provision of information in connection with the sale of vitamins or herbs.

SB866,16,21 3. The provision of advice regarding the use of a therapy including herbal medicine, homeopathy, nutrition, or other nondrug or nonsurgical therapy.

SB866,16,24 4. Any individual acting under an exemption from the requirement to obtain a license to practice medicine and surgery under s. 448.03 (2), to the extent that the individual's activities also fall within the practice of naturopathic medicine.

SB866,17,3 5. Any person who is providing patient services as directed, supervised, and inspected by a naturopathic doctor who has the power to direct, decide, and oversee the implementation of the patient services rendered.

SB866,17,4 (b) Subsection (1) (a) and (b) does not require a license for any of the following:

SB866,17,7 1. The practice of naturopathic medicine by an individual employed by the federal government while the individual is engaged in the performance of duties prescribed by federal law.

SB866,17,10 2. A person who is licensed to practice naturopathic medicine in another state or country and is providing consultation to or with or a demonstration to or with a naturopathic doctor who is licensed under this chapter.

SB866,17,15 3. The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical program that qualifies under s. 466.04 (1) (d) 1., provided that the performance of services is pursuant to a course of instruction or assignments from an instructor and is under the supervision of the instructor. The student shall use the title “ND candidate” with the intended year of graduation.

SB866,17,17 (3) The board may, by rule, establish additional exemptions from the requirements under sub. (1).

SB866,17,19 466.03 Duties and powers of examining board. (1) The board shall promulgate rules that establish all of the following:

SB866,17,21 (a) Standards of practice for and a code of ethics governing the professional conduct of naturopathic doctors.

SB866,17,23 (b) Continuing education requirements for an applicant seeking renewal of a license to practice naturopathic medicine.

SB866,18,3 (c) Examination standards and requirements for purposes of examinations required under s. 466.04 (1) (e), including required passing scores for examinations and the times when examinations are offered.

SB866,18,4 (2) The board may promulgate rules to do any of the following:

SB866,18,8 (a) Further define the scope of practice of naturopathic medicine. The board may expressly authorize diagnostic, therapeutic, or other practices that may be used by naturopathic doctors. The board may expressly prohibit diagnostic, therapeutic, or other practices.

SB866,18,11 (b) Establish character and fitness requirements for initial licensure or renewal of a license under this chapter and evidence required to demonstrate satisfaction of such requirements.

SB866,18,14 (c) Establish physical and mental competency requirements for initial licensure or renewal of a license under this chapter and evidence required to demonstrate satisfaction of such requirements.

SB866,18,17 (d) Establish evidence of professional competency requirements for initial licensure or renewal of a license under this chapter, including evidence relating to an applicant's licensure status in other states.

SB866,18,19 (e) Establish additional clinical, practical, or residency requirements for initial licensure under this chapter.

SB866,18,21 (f) Adopt minimum malpractice insurance requirements for naturopathic doctors.

SB866,18,24 (3) The board may, for purposes of s. 466.04 (1) (d) 1. e. and 2. f., disqualify any naturopathic medical program if the board determines the program does not adequately prepare students to practice naturopathic medicine.

SB866,19,2 466.04 License; renewal. (1) Naturopathic doctor license. The board shall grant a license as a naturopathic doctor to a person who does all of the following:

SB866,19,4 (a) Submits an application for the license to the department on a form provided by the department.

SB866,19,5 (b) Pays the fee specified in s. 440.05 (1).

SB866,19,7 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the board that the applicant does not have an arrest or a conviction record.

SB866,19,10 (d) Submits evidence satisfactory to the board that he or she has completed a naturopathic medical program offered in the United States or in Canada that satisfies one of the following:

SB866,19,11 1. The program satisfies all of the following:

SB866,19,13 a. The program provides the degree of doctor of naturopathy or doctor of naturopathic medicine.

SB866,19,15 b. The program offers full-time, graduate-level, didactic, and supervised residential and clinical training.

SB866,19,18 c. The program is accredited, or has achieved candidacy status for such accreditation, by the Council on Naturopathic Medical Education or an equivalent federally recognized accrediting body for naturopathic medical programs.

SB866,19,22 d. The program is offered by an institution of higher education or part of an institution of higher education that is accredited, or is a candidate for such accreditation, by a regional accrediting organization or a national institutional accrediting agency recognized by the federal department of education.

SB866,19,24 e. The program has not been disqualified by the board as an approved naturopathic medical educational program under s. 466.03 (3).

SB866,19,25 2. The program satisfies all of the following:

SB866,20,2 a. The program existed prior to the existence of the Council on Naturopathic Medical Education.

SB866,20,4 b. The program provided the degree of doctor of naturopathy or doctor of naturopathic medicine.

SB866,20,7 c. The program provided full-time, graduate-level, didactic, and supervised clinical training in naturopathic medicine for a duration of not less than 132 weeks and required completion within a period of not less than 35 months.

SB866,20,11 d. If the program is still in existence, the program is currently accredited, or has achieved candidacy status for accreditation by the Council on Naturopathic Medical Education or an equivalent federally recognized accrediting body for the naturopathic medical profession recognized by the board.

SB866,20,15 e. The program was offered by an institution of higher education or part of an institution of higher education that is accredited, or is a candidate for such accreditation, by a regional accrediting organization or a national institutional accrediting agency recognized by the federal department of education.

SB866,20,17 f. The program has not been disqualified by the board as an approved naturopathic medical educational program under s. 466.03 (3).

SB866,20,19 (e) Submits evidence satisfactory to the board that he or she has passed all of the following:

SB866,20,22 1. A competency-based national naturopathic licensing examination administered by the North American Board of Naturopathic Examiners or its successor organization or another examination approved by the board by rule.

SB866,20,23 2. A pharmacology examination approved by the board by rule.

SB866,20,25 3. Any other competency or jurisprudence examinations required by the board by rule.

SB866,21,3 (f) Meets any character and fitness, mental and physical competency, and professional competency standards established by the board under s. 466.03 (2) (b) to (d).

SB866,21,5 (g) Meets any other requirement established by the board under s. 466.03 (2) (e).

SB866,21,13 (2) Renewal. The renewal dates for licenses granted under this chapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department, and shall include the renewal fee determined by the department under s. 440.03 (9) (a), proof of compliance with continuing education requirements established by the board under s. 466.03 (1) (b), proof of compliance with any requirements established by the board under s. 466.03 (2) (b) to (d), and proof of compliance with any malpractice insurance requirements under s. 466.03 (2) (f).

SB866,21,15 466.05 Practice. (1) A naturopathic doctor may practice naturopathic medicine and as provided in s. 448.035.

SB866,21,20 (2) Except as otherwise prohibited by a rule promulgated by the board, a naturopathic doctor may utilize routes of administration that include oral, nasal, auricular, ocular, rectal, vaginal, transdermal, intramuscular, intravenous, intradermal, and subcutaneous, consistent with the education and training of a naturopathic doctor.

SB866,21,24 466.07 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

SB866,22,4 (2) Subject to the rules promulgated under s. 440.03 (1), the board may reprimand a naturopathic doctor or may deny, limit, suspend, or revoke a license granted under this chapter if it finds that the applicant or naturopathic doctor has done any of the following:

SB866,22,6 (a) Made a material misstatement in an application for a license, or for renewal of a license.

SB866,22,8 (b) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

SB866,22,10 (c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of naturopathic medicine.

SB866,22,11 (d) Been adjudicated mentally incompetent by a court.

SB866,22,12 (e) Advertised in a manner that is false, deceptive, or misleading.

SB866,22,13 (f) Advertised, practiced, or attempted to practice under another's name.

SB866,22,16 (g) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of naturopathic medicine while the applicant's or licensee's ability to practice or assist was impaired by alcohol or other drugs.

SB866,22,20 (h) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 466.03 (1) (a). In this paragraph, “unprofessional or unethical conduct” and “unprofessional conduct" do not include providing expedited partner therapy as described in s. 448.035.

SB866,22,22 (i) Engaged in conduct while practicing naturopathic medicine that evidences a lack of knowledge or ability to apply professional principles or skills.

SB866,22,23 (j) Violated this chapter or any rule promulgated under this chapter.

SB866,23,3 466.09 Penalties. Any person who violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB866,42 Section 42 . 895.48 (1m) (a) (intro.) and 2. of the statutes are amended to read:

SB866,23,16 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB866,23,21 2. The physician, naturopathic doctor, podiatrist, athletic trainer, chiropractor, dentist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

SB866,43 Section 43 . 905.04 (1) (b) and (c), (2) and (3) of the statutes are amended to read:

SB866,24,6 905.04 (1) (b) A communication or information is “confidential" if not intended to be disclosed to 3rd persons other than those present to further the interest of the patient in the consultation, examination, or interview, to persons reasonably necessary for the transmission of the communication or information, or to persons who are participating in the diagnosis and treatment under the direction of the physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor, including the members of the patient's family.

SB866,24,10 (c) “Patient" means an individual, couple, family or group of individuals who consults with or is examined or interviewed by a physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor.

SB866,24,21 (2) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental or emotional condition, among the patient, the patient's physician, the patient's naturopathic doctor, the patient's podiatrist, the patient's registered nurse, the patient's chiropractor, the patient's psychologist, the patient's social worker, the patient's marriage and family therapist, the patient's professional counselor or persons, including members of the patient's family, who are participating in the diagnosis or treatment under the direction of the physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor.

SB866,25,3 (3) Who may claim the privilege. The privilege may be claimed by the patient, by the patient's guardian or conservator, or by the personal representative of a deceased patient. The person who was the physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor may claim the privilege but only on behalf of the patient. The authority so to do is presumed in the absence of evidence to the contrary.

SB866,44 Section 44 . 905.04 (1) (br) of the statutes is created to read:

SB866,25,6 905.04 (1) (br) “Naturopathic doctor" means a naturopathic doctor, as defined in s. 990.01 (22m), or reasonably believed by the patient so to be.

SB866,45 Section 45 . 961.01 (19) (a) of the statutes is amended to read:

SB866,25,13 961.01 (19) (a) A physician, naturopathic doctor, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

SB866,46 Section 46 . 961.23 (6) of the statutes is amended to read:

SB866,25,18 961.23 (6) No person other than a physician, naturopathic doctor, dentist, veterinarian, or pharmacist may purchase more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period without the authorization of a physician, naturopathic doctor, dentist, or veterinarian.

SB866,47 Section 47 . 961.397 of the statutes is created to read:

SB866,25,21 961.397 Limitations on naturopathic doctors. A naturopathic doctor licensed under ch. 466:

SB866,25,23 (1) May not prescribe, dispense, or administer a controlled substance included in schedule I or II.

SB866,25,25 (2) May not prescribe, dispense, or administer a controlled substance included in schedule III under s. 961.18 (5) or (5m).

SB866,48 Section 48. 961.41 (3j) of the statutes is amended to read: