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SB866,38 8Section 38 . 450.11 (7) (b) of the statutes is amended to read:
SB866,13,129 450.11 (7) (b) Information communicated to a physician, naturopathic doctor,
10physician assistant, or advanced practice nurse prescriber in an effort to procure
11unlawfully a prescription drug or the administration of a prescription drug is not a
12privileged communication.
SB866,39 13Section 39. 450.11 (8) (f) of the statutes is created to read:
SB866,13,1514 450.11 (8) (f) The naturopathic medicine examining board, insofar as this
15section applies to naturopathic doctors.
SB866,40 16Section 40. 462.04 of the statutes is amended to read:
SB866,13,25 17462.04 Prescription or order required. A person who holds a license or
18limited X-ray machine operator permit under this chapter may not use diagnostic
19X-ray equipment on humans for diagnostic purposes unless authorized to do so by
20prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic
21doctor licensed under ch. 466,
a dentist licensed under s. 447.04 (1), a podiatrist
22licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced
23practice nurse certified under s. 441.16 (2), a physician assistant licensed under s.
24448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s.
25448.53.
SB866,41
1Section 41. Chapter 466 of the statutes is created to read:
SB866,14,22 chapter 466
SB866,14,33 naturopathic MEDICINE
SB866,14,4 4466.01 Definitions. In this chapter:
SB866,14,5 5(1) “Board" means the naturopathic medicine examining board.
SB866,14,6 6(2) “Drug” has the meaning given in s. 450.01 (10).
SB866,14,9 7(3) “Minor office procedure" includes the methods for the repair and care
8incidental to superficial lacerations, superficial abrasions, and superficial lesions
9and the removal of foreign bodies located in the superficial tissues.
SB866,14,10 10(4) “Naturopathic doctor" means an individual licensed under this chapter.
SB866,14,16 11(5) (a) “Naturopathic medicine” means, except as provided in par. (b), a system
12of primary health care for the prevention, diagnosis, and treatment of human health
13conditions, injury, and disease; the promotion or restoration of health; and the
14support and stimulation of a patient's inherent self-healing processes through
15patient education and the use of naturopathic therapies and therapeutic substances,
16including all of the following:
SB866,14,2017 1. Ordering and performing physical and laboratory examinations, for
18diagnostic purposes, consistent with naturopathic education and training, including
19diagnostic or evaluation methods, physical examinations, clinical laboratory tests,
20diagnostic sonography, electrocardiography, and phlebotomy.
SB866,14,2121 2. Ordering diagnostic imaging studies.
SB866,14,2222 3. Dispensing, administering, ordering, or performing any of the following:
SB866,14,2323 a. Health education and health counseling.
SB866,15,3
1b. Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals,
2enzymes, botanical medicines, homeopathic medicines, dietary supplements, and
3nonprescription drug products.
SB866,15,54 c. Hot or cold hydrotherapy, naturopathic physical medicine, the use of
5therapeutic medical equipment, and therapeutic exercise.
SB866,15,76 d. Devices, including therapeutic devices, barrier contraception, and durable
7medical equipment.
SB866,15,98 e. Any other diagnostic, therapeutic, or other procedure authorized by rule
9under s. 466.03 (2) (a).
SB866,15,1010 4. Prescribing, dispensing, and administering drugs, subject to s. 961.397.
SB866,15,1111 5. Performing minor office procedures.
SB866,15,1512 6. Signing and attesting to any certificates, cards, forms or other required
13documentation that a physician may sign, so long as it is within the naturopathic
14doctor's scope of practice. This subdivision does not supersede any federal or state
15statute, rule, or regulation.
SB866,15,1616 (b) “Naturopathic medicine” does not include any of the following:
SB866,15,1717 1. Performing any surgical procedure other than a minor office procedure.
SB866,15,1818 2. Using general or spinal anesthetics.
SB866,15,1919 3. Administering ionizing radioactive substances for therapeutic purposes.
SB866,15,2120 4. Performing surgical procedures involving the eye, ear, tendons, nerves,
21veins, or arteries that extend beyond superficial tissue.
SB866,15,2322 5. Performing any procedure or other practice prohibited by the board by rule
23under s. 466.03 (2) (a).
SB866,15,24 24(6) “Nonprescription drug product" has the meaning given in s. 450.01 (13m).
SB866,16,4
1466.02 License required; use of titles. (1) (a) Except as provided in subs.
2(2) (a) and (b) and (3), no person may practice naturopathic medicine or make a
3representation as authorized to do so unless the person is licensed under this
4chapter.
SB866,16,155 (b) Except as provided in subs. (2) (b) and (3), no person may designate himself
6or herself as a naturopathic doctor or doctor of naturopathic medicine; use or assume
7the title “naturopathic physician,” “physician of naturopathic medicine,”
8“naturopathic doctor," “doctor of naturopathic medicine," “naturopathic medical
9doctor,” or “doctor of naturopathy"; use the words “naturopathic medicine” or
10“naturopathic health care” in connection with his or her practice; append to the
11person's name the letters “N.D.," “ND," “N.M.D.," or “NMD"; use any other titles,
12words, letters, abbreviations, insignia, or designation that would imply that the
13individual is licensed, certified, or registered as a naturopathic doctor or doctor of
14naturopathic medicine; or claim to render naturopathic medicine or naturopathic
15health care services unless the person is licensed under this chapter.
SB866,16,16 16(2) (a) Subsection (1) (a) does not require a license for any of the following:
SB866,16,1817 1. Any person lawfully practicing within the scope of a license, permit,
18registration, or certification granted by this state or the federal government.
SB866,16,1919 2. The provision of information in connection with the sale of vitamins or herbs.
SB866,16,2120 3. The provision of advice regarding the use of a therapy including herbal
21medicine, homeopathy, nutrition, or other nondrug or nonsurgical therapy.
SB866,16,2422 4. Any individual acting under an exemption from the requirement to obtain
23a license to practice medicine and surgery under s. 448.03 (2), to the extent that the
24individual's activities also fall within the practice of naturopathic medicine.
SB866,17,3
15. Any person who is providing patient services as directed, supervised, and
2inspected by a naturopathic doctor who has the power to direct, decide, and oversee
3the implementation of the patient services rendered.
SB866,17,44 (b) Subsection (1) (a) and (b) does not require a license for any of the following:
SB866,17,75 1. The practice of naturopathic medicine by an individual employed by the
6federal government while the individual is engaged in the performance of duties
7prescribed by federal law.
SB866,17,108 2. A person who is licensed to practice naturopathic medicine in another state
9or country and is providing consultation to or with or a demonstration to or with a
10naturopathic doctor who is licensed under this chapter.
SB866,17,1511 3. The practice of naturopathic medicine by a student enrolled in an approved
12naturopathic medical program that qualifies under s. 466.04 (1) (d) 1., provided that
13the performance of services is pursuant to a course of instruction or assignments
14from an instructor and is under the supervision of the instructor. The student shall
15use the title “ND candidate” with the intended year of graduation.
SB866,17,17 16(3) The board may, by rule, establish additional exemptions from the
17requirements under sub. (1).
SB866,17,19 18466.03 Duties and powers of examining board. (1) The board shall
19promulgate rules that establish all of the following:
SB866,17,2120 (a) Standards of practice for and a code of ethics governing the professional
21conduct of naturopathic doctors.
SB866,17,2322 (b) Continuing education requirements for an applicant seeking renewal of a
23license to practice naturopathic medicine.
SB866,18,3
1(c) Examination standards and requirements for purposes of examinations
2required under s. 466.04 (1) (e), including required passing scores for examinations
3and the times when examinations are offered.
SB866,18,4 4(2) The board may promulgate rules to do any of the following:
SB866,18,85 (a) Further define the scope of practice of naturopathic medicine. The board
6may expressly authorize diagnostic, therapeutic, or other practices that may be used
7by naturopathic doctors. The board may expressly prohibit diagnostic, therapeutic,
8or other practices.
SB866,18,119 (b) Establish character and fitness requirements for initial licensure or
10renewal of a license under this chapter and evidence required to demonstrate
11satisfaction of such requirements.
SB866,18,1412 (c) Establish physical and mental competency requirements for initial
13licensure or renewal of a license under this chapter and evidence required to
14demonstrate satisfaction of such requirements.
SB866,18,1715 (d) Establish evidence of professional competency requirements for initial
16licensure or renewal of a license under this chapter, including evidence relating to
17an applicant's licensure status in other states.
SB866,18,1918 (e) Establish additional clinical, practical, or residency requirements for initial
19licensure under this chapter.
SB866,18,2120 (f) Adopt minimum malpractice insurance requirements for naturopathic
21doctors.
SB866,18,24 22(3) The board may, for purposes of s. 466.04 (1) (d) 1. e. and 2. f., disqualify any
23naturopathic medical program if the board determines the program does not
24adequately prepare students to practice naturopathic medicine.
SB866,19,2
1466.04 License; renewal. (1) Naturopathic doctor license. The board shall
2grant a license as a naturopathic doctor to a person who does all of the following:
SB866,19,43 (a) Submits an application for the license to the department on a form provided
4by the department.
SB866,19,55 (b) Pays the fee specified in s. 440.05 (1).
SB866,19,76 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
7to the board that the applicant does not have an arrest or a conviction record.
SB866,19,108 (d) Submits evidence satisfactory to the board that he or she has completed a
9naturopathic medical program offered in the United States or in Canada that
10satisfies one of the following:
SB866,19,1111 1. The program satisfies all of the following:
SB866,19,1312 a. The program provides the degree of doctor of naturopathy or doctor of
13naturopathic medicine.
SB866,19,1514 b. The program offers full-time, graduate-level, didactic, and supervised
15residential and clinical training.
SB866,19,1816 c. The program is accredited, or has achieved candidacy status for such
17accreditation, by the Council on Naturopathic Medical Education or an equivalent
18federally recognized accrediting body for naturopathic medical programs.
SB866,19,2219 d. The program is offered by an institution of higher education or part of an
20institution of higher education that is accredited, or is a candidate for such
21accreditation, by a regional accrediting organization or a national institutional
22accrediting agency recognized by the federal department of education.
SB866,19,2423 e. The program has not been disqualified by the board as an approved
24naturopathic medical educational program under s. 466.03 (3).
SB866,19,2525 2. The program satisfies all of the following:
SB866,20,2
1a. The program existed prior to the existence of the Council on Naturopathic
2Medical Education.
SB866,20,43 b. The program provided the degree of doctor of naturopathy or doctor of
4naturopathic medicine.
SB866,20,75 c. The program provided full-time, graduate-level, didactic, and supervised
6clinical training in naturopathic medicine for a duration of not less than 132 weeks
7and required completion within a period of not less than 35 months.
SB866,20,118 d. If the program is still in existence, the program is currently accredited, or
9has achieved candidacy status for accreditation by the Council on Naturopathic
10Medical Education or an equivalent federally recognized accrediting body for the
11naturopathic medical profession recognized by the board.
SB866,20,1512 e. The program was offered by an institution of higher education or part of an
13institution of higher education that is accredited, or is a candidate for such
14accreditation, by a regional accrediting organization or a national institutional
15accrediting agency recognized by the federal department of education.
SB866,20,1716 f. The program has not been disqualified by the board as an approved
17naturopathic medical educational program under s. 466.03 (3).
SB866,20,1918 (e) Submits evidence satisfactory to the board that he or she has passed all of
19the following:
SB866,20,2220 1. A competency-based national naturopathic licensing examination
21administered by the North American Board of Naturopathic Examiners or its
22successor organization or another examination approved by the board by rule.
SB866,20,2323 2. A pharmacology examination approved by the board by rule.
SB866,20,2524 3. Any other competency or jurisprudence examinations required by the board
25by rule.
SB866,21,3
1(f) Meets any character and fitness, mental and physical competency, and
2professional competency standards established by the board under s. 466.03 (2) (b)
3to (d).
SB866,21,54 (g) Meets any other requirement established by the board under s. 466.03 (2)
5(e).
SB866,21,13 6(2) Renewal. The renewal dates for licenses granted under this chapter are
7specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the
8department on a form provided by the department, and shall include the renewal fee
9determined by the department under s. 440.03 (9) (a), proof of compliance with
10continuing education requirements established by the board under s. 466.03 (1) (b),
11proof of compliance with any requirements established by the board under s. 466.03
12(2) (b) to (d), and proof of compliance with any malpractice insurance requirements
13under s. 466.03 (2) (f).
SB866,21,15 14466.05 Practice. (1) A naturopathic doctor may practice naturopathic
15medicine and as provided in s. 448.035.
SB866,21,20 16(2) Except as otherwise prohibited by a rule promulgated by the board, a
17naturopathic doctor may utilize routes of administration that include oral, nasal,
18auricular, ocular, rectal, vaginal, transdermal, intramuscular, intravenous,
19intradermal, and subcutaneous, consistent with the education and training of a
20naturopathic doctor.
SB866,21,24 21466.07 Disciplinary proceedings and actions. (1) Subject to the rules
22promulgated under s. 440.03 (1), the board may make investigations and conduct
23hearings to determine whether a violation of this chapter or any rule promulgated
24under this chapter has occurred.
SB866,22,4
1(2) Subject to the rules promulgated under s. 440.03 (1), the board may
2reprimand a naturopathic doctor or may deny, limit, suspend, or revoke a license
3granted under this chapter if it finds that the applicant or naturopathic doctor has
4done any of the following:
SB866,22,65 (a) Made a material misstatement in an application for a license, or for renewal
6of a license.
SB866,22,87 (b) Interfered with an investigation or disciplinary proceeding by using threats,
8harassment, or intentional misrepresentation of facts.
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