AB529: Bill Text

AB529,18,10 (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 not authorize a naturopathic doctor to engage in any practice excluded from the definition of naturopathic medicine under s. 466.01 (6) (b). The board may expressly prohibit diagnostic, therapeutic, or other practices.

AB529,18,13 (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.

AB529,18,16 (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.

AB529,18,19 (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.

AB529,18,21 (e) Establish additional clinical, practical, or residency requirements for initial licensure under this chapter.

AB529,18,23 (f) Adopt minimum malpractice insurance requirements for naturopathic doctors.

AB529,19,3 (3) The board may, for purposes of s. 466.04 (1) (d) 1. e., 2. d., 3. d., and 4. e., disqualify any naturopathic medical program if the board determines the program does not adequately prepare students to practice naturopathic medicine.

AB529,19,5 466.04 License; renewal. (1) Naturopathic doctor license. The board shall grant a naturopathic doctor license to a person who does all of the following:

AB529,19,7 (a) Submits an application for the license to the department on a form provided by the department.

AB529,19,8 (b) Pays the fee specified in s. 440.05 (1).

AB529,19,10 (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.

AB529,19,12 (d) Submits evidence satisfactory to the board that he or she has completed one of the following:

AB529,19,14 1. A naturopathic medical education program offered in the United States that satisfies all of the following:

AB529,19,16 a. The program provides the degree of doctor of naturopathy or doctor of naturopathic medicine.

AB529,19,18 b. The program offers graduate-level, full-time, didactic and supervised clinical training.

AB529,19,21 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.

AB529,19,25 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.

AB529,20,2 e. The program has not been disqualified by the board as an approved naturopathic medical educational program under s. 466.03 (3).

AB529,20,4 2. A program at a diploma-granting, degree-equivalent institution of higher education located in Canada that satisfies all of the following:

AB529,20,6 a. The program offers graduate-level, full-time didactic and supervised clinical training.

AB529,20,9 b. 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.

AB529,20,11 c. The program has provincial approval for participation in government-funded student aid programs.

AB529,20,13 d. The program has not been disqualified by the board as an approved naturopathic medical educational program under s. 466.03 (3).

AB529,20,15 3. A program at a degree-granting institution of higher education located in the United States that satisfies all of the following:

AB529,20,17 a. The program existed prior to the existence of the Council on Naturopathic Medical Education.

AB529,20,21 b. The program offered a full-time, structured curriculum in basic sciences and supervised patient care comprising a doctoral naturopathic medical education for a duration of not less than 132 weeks and required completion within a period of not less than 35 months.

AB529,20,25 c. 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.

AB529,21,2 d. The program has not been disqualified by the board as an approved naturopathic medical educational program under s. 466.03 (3).

AB529,21,4 4. A program at a diploma-granting, degree-equivalent institution of higher education located in Canada that satisfies all of the following:

AB529,21,6 a. The program existed prior to the existence of the Council on Naturopathic Medical Education.

AB529,21,10 b. The program offered a full-time, structured curriculum in basic sciences and supervised patient care comprising a doctoral naturopathic medical education for a duration of not less than 132 weeks and required completion within a period of not less than 30 months.

AB529,21,13 c. Prior to the existence of the Council on Naturopathic Medical Education, the program had provincial approval for participation in government-funded student aid programs.

AB529,21,18 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 and currently has provincial approval for participation in government-funded student aid programs.

AB529,21,20 e. The program has not been disqualified by the board as an approved naturopathic medical educational program under s. 466.03 (3).

AB529,21,22 (e) Submits evidence satisfactory to the board that he or she has passed all of the following:

AB529,21,23 1. Either of the following:

AB529,22,3 a. 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.

AB529,22,8 b. For graduates of approved naturopathic medical programs prior to the existence of the Council on Naturopathic Medical Education, a competency-based state naturopathic medicine licensing examination or equivalent Canadian provincial licensing examination for the practice of naturopathic medicine approved by the board.

AB529,22,9 2. A pharmacology examination approved by the board by rule.

AB529,22,11 3. Any other competency or jurisprudence examinations required by the board by rule.

AB529,22,14 (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).

AB529,22,16 (g) Meets any other requirement established by the board under s. 466.03 (2) (e).

AB529,22,18 (2) Limited-scope naturopathic doctor license. (a) The board shall grant a limited-scope naturopathic doctor license to a person who does all of the following:

AB529,22,21 1. Submits, no later than the first day of the 37th month beginning after publication .... [LRB inserts date], an application for the license to the department on a form provided by the department.

AB529,22,22 2. Pays the fee specified in s. 440.05 (1).

AB529,22,24 3. 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.

AB529,23,3 4. Submits evidence satisfactory to the board that, prior to 2003, he or she completed a naturopathic medical program offered in the United States that satisfies all of the following:

AB529,23,4 a. The program provided the degree of doctor of naturopathy.

AB529,23,6 b. The program provided training in naturopathic medicine for a duration of not less than 1,500 hours.

AB529,23,8 5. Submits evidence satisfactory to the board that he or she has passed any competency or jurisprudence examinations required by the board by rule.

AB529,23,10 6. Satisfies the board that he or she has exhibited a record of safety in the practice of naturopathic medicine or naturopathy.

AB529,23,13 7. 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).

AB529,23,17 (b) A limited-scope naturopathic doctor license issued under par. (a) shall not be considered to be a naturopathic doctor license for purposes of the law of any other state that offers reciprocal licensure or licensure by endorsement in that other state to individuals who are licensed in this state.

AB529,23,25 (3) Renewal. The renewal date for licenses granted under this chapter is 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).

AB529,24,2 466.05 Practice. (1) (a) A naturopathic doctor may practice naturopathic medicine and may practice expedited partner therapy as provided in s. 466.052.

AB529,24,6 (b) A naturopathic doctor may, except as otherwise prohibited by the board by rule, 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.

AB529,24,10 (2) (a) 1. Subject to subd. 3. and except as provided in subd. 2., a limited-scope naturopathic doctor may practice naturopathic medicine, but limited to what is specified under s. 466.01 (6) (a) 1. and 3. a. to c., except for s. 466.01 (6) (a) 1. d. to f.

AB529,24,17 2. A limited-scope naturopathic doctor may practice naturopathic medicine beyond what is authorized in subd. 1. if he or she demonstrates to the board that he or she is qualified to expand his or her scope of practice beyond what is authorized under subd. 1. If the limited-scope naturopathic doctor demonstrates to the board that he or she is qualified to expand his or her scope of practice, he or she may, subject to subd. 3., practice as authorized by the board, but not beyond what is authorized under sub. (1).

AB529,24,19 3. A limited-scope naturopathic doctor shall limit his or her practice to the scope of his or her experience, education, and training.

AB529,24,22 (b) Paragraph (a) applies notwithstanding any other provision of law that permits a naturopathic doctor to engage in any act that constitutes naturopathic medicine beyond what is authorized under par. (a).

AB529,24,23 466.052 Expedited partner therapy. (1) In this section:

AB529,24,24 (b) “Antimicrobial drug" has the meaning given in s. 448.035 (1) (b).

AB529,24,25 (c) “Expedited partner therapy" has the meaning given in s. 448.035 (1) (c).

AB529,25,11 (2) A naturopathic doctor may provide expedited partner therapy if a patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The naturopathic doctor shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the naturopathic doctor is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary, bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."

AB529,25,15 (3) The naturopathic doctor shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

AB529,25,19 (4) (a) Except as provided in par. (b), a naturopathic doctor is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

AB529,25,22 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a naturopathic doctor whose act or omission involves reckless, wanton, or intentional misconduct.

AB529,26,2 466.07 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.

AB529,26,7 (2) Subject to the rules promulgated under s. 440.03 (1), the board may reprimand a naturopathic doctor or limited-scope naturopathic doctor or may deny, limit, suspend, or revoke a license granted under this chapter if it finds that the applicant, naturopathic doctor, or limited-scope naturopathic doctor has done any of the following:

AB529,26,9 (a) Made a material misstatement in an application for a license, or for renewal of a license.

AB529,26,11 (b) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

AB529,26,13 (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.

AB529,26,14 (d) Been adjudicated mentally incompetent by a court.

AB529,26,15 (e) Advertised in a manner that is false, deceptive, or misleading.

AB529,26,16 (f) Advertised, practiced, or attempted to practice under another's name.

AB529,26,19 (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.

AB529,26,23 (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. 466.052.

AB529,26,25 (i) Engaged in conduct while practicing naturopathic medicine that evidences a lack of knowledge or ability to apply professional principles or skills.

AB529,27,1 (j) Violated this chapter or any rule promulgated under this chapter.

AB529,27,4 466.09 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.

AB529,41 Section 41 . 895.48 (1m) (a) (intro.) and 2. of the statutes are amended to read:

AB529,27,17 895.48 (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:

AB529,27,22 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.

AB529,42 Section 42 . 905.04 (1) (b) and (c), (2) and (3) of the statutes are amended to read:

AB529,28,8 905.04 (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.

AB529,28,12 (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.

AB529,28,23 (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.

AB529,29,5 (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.

AB529,43 Section 43 . 905.04 (1) (br) of the statutes is created to read: