bill

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       AN ACT relating to naturopathic physicians.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:
       Section 1. KRS 311.550 is amended to read as follows:

As used in KRS 311.530 to 311.620 and 311.990(4) to (6):

(1)    "Board" means the State Board of Medical Licensure;

(2)    "President" means the president of the State Board of Medical Licensure;

(3)    "Secretary" means the secretary of the State Board of Medical Licensure;

(4)    "Executive director" means the executive director of the State Board of Medical
       Licensure or any assistant executive directors appointed by the board;

(5)    "General counsel" means the general counsel of the State Board of Medical

       Licensure or any assistant general counsel appointed by the board;

(6)    "Regular license" means a license to practice medicine or osteopathy at any place in

       this state;

(7)    "Limited license" means a license to practice medicine or osteopathy in a specific

       institution or locale to the extent indicated in the license;

(8)    "Temporary permit" means a permit issued to a person who has applied for a regular

       or limited license, and who appears from verifiable information in the application to

       the secretary to be qualified and eligible therefor;

(9)    "Emergency permit" means a permit issued to a physician currently licensed in

       another state, authorizing him to practice in this state for the duration of a specific

       medical emergency, not to exceed thirty (30) days;

(10) Except as provided in subsection (11) of this section, the "practice of medicine or

       osteopathy" means the diagnosis, treatment, or correction of any and all human

       conditions, ailments, diseases, injuries, or infirmities by any and all means,

       methods, devices, or instrumentalities;
(11) The "practice of medicine or osteopathy" does not include the practice of Christian

       Science, the practice of naturopathy, the practice of podiatry as defined in KRS

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       311.380, the practice of a midlevel health care practitioner as defined in KRS

       216.900, the practice of dentistry as defined in KRS 313.010, the practice of

       optometry as defined in KRS 320.210, the practice of chiropractic as defined in

       subsection (2) of KRS 312.015, the practice as a nurse as defined in KRS 314.011,

       the practice of physical therapy as defined in KRS 327.010, the performance of

       duties for which they have been trained by emergency medical technicians or

       medical emergency dispatchers certified by the Cabinet for Human Resources, the

       practice of pharmacy by persons licensed and registered under KRS 315.050, the
       sale of drugs, nostrums, patented or proprietary medicines, trusses, supports,

       spectacles, eyeglasses, lenses, instruments, apparatus, or mechanisms that are

       intended, advertised, or represented as being for the treatment, correction, cure, or

       relief of any human ailment, disease, injury, infirmity, or condition, in regular

       mercantile establishments, or the practice of midwifery by women. KRS 311.530 to

       311.620 shall not be construed as repealing the authority conferred on the Cabinet

       for Human Resources by KRS Chapter 211 to provide for the instruction,

       examination, licensing, and registration of all midwives through county health

       officers;

(12) "Physician" means a doctor of medicine or a doctor of osteopathy;

(13) "Grievance" means any allegation in whatever form alleging misconduct by a

       physician;

(14) "Charge" means a specific allegation alleging a violation of a specified provision of

       this chapter;

(15) "Complaint" means a formal administrative pleading that sets forth charges against

       a physician and commences a formal disciplinary proceeding; and

(16) As used in KRS 311.595(4), "crimes involving moral turpitude" shall mean those
       crimes which have dishonesty as a fundamental and necessary element, including,



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       but not limited to, crimes involving theft, embezzlement, false swearing, perjury,

       fraud, or misrepresentation.

       SECTION 2. KRS CHAPTER 311A IS ESTABLISHED AND A NEW SECTION

THEREOF IS CREATED TO READ AS FOLLOWS:

(1)    The legislature finds that a significant number of Kentucky residents choose

       naturopathic medicine for their health care needs and declares that naturopathic

       medicine is a distinct health care profession that affects the public health, safety,

       and welfare, and provides for freedom of choice in health care.

(2)    The purpose of this chapter is:

       (a)     To provide standards for the licensure and regulation of doctors of

               naturopathic medicine in order to protect the public health, safety, and

               welfare; and

       (b)     To ensure that naturopathic medicine as practiced by qualified physicians

               of naturopathic medicine is available to the people of Kentucky.
       SECTION 3.        A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

As used in this chapter:

(1)    "Approved naturopathic medical college" means a college and program granting

       the degree of doctor of naturopathy or naturopathic medicine that:

       (a)     Is accredited by the Council on Naturopathic Medical Education (CNME)

               or another accrediting agency recognized by the United States Department

               of Education;

       (b)     Has the status of candidate for accreditation with the accrediting agency; or

       (c)     Has been approved by the board after an investigation that determines that

               the college or program meets education standards equivalent to those
               established by the accrediting agency and complies with the board's rules,



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               which shall require as a minimum a full-time resident program of

               academical and clinical study.

(2)    "Board" means the Kentucky State Naturopathic Board.

(3)    "Director" means the director of the Kentucky State Naturopathic Board.

(4)    "Drugs" means all medicines and preparations and all substances which are

       recognized in the latest editions of the official United States Pharmacopoeia,

       official Homeopathic Pharmacopoeia, official National Formulary, or any

       supplement to any of them, or otherwise established as drugs.

(5)    "Formulary" means a formulary of substances recognized as drugs in the

       official Homeopathic Pharmacopoeia of the United States, or official National

       Formulary, or any supplement to any of them, as adopted by the Kentucky State

       Naturopathic Board under Section 5 of this Act.

(6)    "Homeopathic preparation" means medicine prepared according to the

       "Homeopathic Pharmacopoeia of the United States Revised Service" (latest

       edition).

(7)    "Minor office procedures" means the use of electrical or other methods for the

       surgical repair and incident thereto of superficial lacerations and abrasions,

       benign superficial lesions, and the removal of foreign bodies located in the

       superficial structures; and the use of antiseptics and local anesthetics.

(8)    "Natural antibiotics" means antibacterial, anti-fungal, anti-protozoal and other

       microbial agents that are naturally occurring substances or are manufactured

       substances that are similar to those naturally occurring substances.

(9)    "Naturopathic acupuncture" means the insertion of fine metal needles through

       the skin at specific points on or near the surface of the body with or without the

       palpation of specific points on the body and with or without the application of
       electric current or heat to the needles or skin, or both, to treat human disease and

       impairment and to relieve pain.

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(10) "Naturopathic childbirth" means natural childbirth, including the use of natural

       obstetrical medicines, ophthalmic antibiotics, obstetrical emergency medicines

       and office procedures including episiotomies, but not including the use of forceps

       delivery, general or spinal anesthesia, cesarean section, or induced abortions.

(11) "Naturopathic physician" means a person authorized and licensed to practice

       naturopathic medicine under this chapter.

(12) "Naturopathic manipulative therapy" means the manually administered or

       mechanical treatment of body structures or tissues in accordance with

       naturopathic principles for the purpose of restoring normal physiological

       function to the body by normalizing and balancing the musculoskeletal system of

       the body.

(13) "Naturopathic medicine" means a comprehensive system of primary health care

       practiced by naturopathic physicians for the presentation, diagnosis, and

       treatment of human health conditions, injuries, and diseases that uses education,

       natural medicines, and therapies to support and stimulate the individual's

       intrinsic self-health processes.

(14) "Naturopathic physical medicine" means the therapeutic use of physical

       nonionizing radiation and the physical modalities of electrotherapy, diathermy,

       ultraviolet light, ultrasound, hydrotherapy, naturopathic manipulative therapy,

       therapeutic exercise, and naturopathic acupuncture.

(15) "Office procedures" means methods for the repair and care incidental to

       superficial lacerations and abrasions, superficial lesions, and the removal of

       foreign bodies located in the superficial tissues. The use of antiseptics and local

       anesthetics in connection with these methods is permitted.

(16) "Plant or animal substances" means those substances found in nature that
       comprise the whole or parts of plants or animals and constituents thereof.



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(17) "Topical medicine" means topical analgesics, anesthetics, antiseptics, scabicides,

       anti-fungals and antibacterials.
       SECTION 4.      A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    No person shall practice, attempt to practice, or claim to practice naturopathic

       medicine in this state without first complying with the provisions of this chapter.

(2)    Only persons licensed under this chapter may use any or all of the following

       terms to describe their practice: "Doctor of Naturopathy" or its abbreviation,

       "N.D.," "Naturopathic Medical Doctor" or its abbreviation "NMD," or

       "naturopathic      physician,"      "naturopath,"       "naturopathic    medicine,"

       "naturopathic health care," "naturopathic," and "naturopathy."

(3)    The titles and terms in subsection (2) of this section identify naturopathic

       physicians and are restricted to describing and identifying licensed practitioners

       and their practice. Any persons who use these titles or terms to represent

       themselves or their practice to the public without being licensed under the

       provisions of this chapter may be enjoined by the District Court on petition by the

       board.
       SECTION 5.      A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    A naturopathic physician may administer, prescribe, and dispense for preventive

       and therapeutic purposes the following natural medicines and therapies: food,

       food extracts, vitamins, minerals, enzymes, digestive aids, and other natural

       hormones, plant or animal substances, all homeopathic preparations, and

       immunizations. Naturopathic physicians may also prescribe medications,

       including natural antibiotics and topical medicines, within the limitations set
       forth in subsection (5) of this section.



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(2)    A naturopathic physician may prescribe therapeutic devices or use noninvasive

       diagnostic procedures commonly used by allopathic or osteopathic physicians in

       general practice, including barrier devices for contraception.

(3)    A naturopathic physician may administer, prescribe, and dispense for preventive

       and therapeutic purposes counseling, hypnotherapy, biofeedback, dietary therapy,

       naturopathic acupuncture, naturopathic manipulative therapy, naturopathic

       physical medicine, and minor office procedures.

(4)    A naturopathic physician may use physical examinations for diagnostic purposes

       including phlebotomy, clinical laboratory tests, speculum examinations, and

       physiological function tests. A naturopathic physician may order and perform

       noninvasive diagnostic and imaging tests, including ultrasound, x-ray,

       electrocardiogram, and noninvasive endoscopy.

(5)    Naturopathic physicians have a limited scope of prescriptive authority.

       (a)     A naturopathic physician may prescribe nonprescription medications

               without limitation;

       (b)     The board shall determine the substances to be included in the formulary

               that may be prescribed by a naturopathic physician licensed under this

               chapter; and

       (c)     The board shall review the formulary periodically. Immediately upon

               adoption or revision of the formulary, the board shall adopt the formulary

               by rule.
       SECTION 6.         A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

In order to practice naturopathic childbirth, a naturopathic physician shall obtain a

naturopathic childbirth specialty certification from the board. The board may issue this
specialty certification to a naturopathic physician who has:

(1)    Submitted an application and a certification fee determined by the board;

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(2)    Submitted documentation of a certificate in naturopathic obstetrics or natural

       childbirth issued by an approved naturopathic medical college; and

(3)    Passed an examination in naturopathic obstetrics or naturopathic childbirth

       approved by the board.
       SECTION 7.     A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

In order to practice naturopathic acupuncture, a naturopathic physician shall obtain a

naturopathic acupuncture specialty certification from the board. The board may issue

this specialty certification to a naturopathic physician who has:

(1)    Submitted an application and a certification fee to be determined by the board;

(2)    Completed an acupuncture program approved by the board that includes two

       hundred fifty (250) hours of classroom training and two hundred fifty (250)

       hours of supervised clinical training; and

(3)    Passed an examination approved by the board.
       SECTION 8.     A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

A naturopathic physician is a licensed doctor and has the same authority and

responsibility as other licensed doctors regarding public health laws, reportable disease

and conditions, communicable disease control and prevention, recording of vital

statistics, health and physical examinations, and local board of health, except that this

authority is limited to activity consistent with the scope of practice authorized by this

chapter.
       SECTION 9.     A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

A naturopathic physician may not:




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(1)    Prescribe, dispense, or administer any substance or device identified in Schedule

       I, II, III, IV, or V as described in the federal Controlled Substance Act, 21 U.S.C.

       secs. 801 to 971, or any controlled substances or devices;

(2)    Perform surgical procedures except those office procedures authorized by this

       chapter;

(3)    Practice or claim to practice medicine and surgery, osteopathy, dentistry,

       podiatry, optometry, chiropractics, or any other system or method of treatment

       not authorized in this chapter; or

(4)    Use general or spinal anesthetics.
       SECTION 10. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

This chapter is not intended to prohibit or restrict:

(1)    The practice of a profession by individuals who are licensed, certified, or

       registered under other laws of this state and are performing services within the

       authorized scope of practice.

(2)    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 the laws and regulations of the United States.

(3)    An individual rendering aid in an emergency, when no fee or other consideration

       for the service is charged, received, expected, or contemplated.

(4)    An individual administering a domestic or family remedy.

(5)    A person engaged in the sale of vitamins, health foods, dietary supplements,

       herbs, or the products of nature, the sale of which is not otherwise prohibited

       under state or federal law, but this subsection does not:

       (a)     Allow a person to diagnose any human disease, ailment, injury, infirmity,
               deformity, pain, or other condition; or



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       (b)     Prohibit providing truthful and non-misleading information regarding any

               of the products under this subsection.

(6)    A person engaged in good faith for religious reasons as a matter of conscience or

       based on a personal belief, without the use of prescription drugs.

(7)    A person acting in good faith for religious reasons as a matter of conscience or

       based on a personal belief, when obtaining or providing information regarding

       health care and the use of any product.

(8)    Persons not licensed under this chapter from the use of individual modalities

       which comprise the practice of naturopathic medicine, such as the use of dietary

       supplements, herbs, foods, homeopathic preparations, and such physical forces

       as heat, cold, water, touch, and light.

(9)    The practice by a naturopathic physician duly licensed in another state, territory,

       or the District of Columbia when that naturopathic physician is incidentally

       called into this state for consultation with a licensed doctor.

(10) The practice of naturopathic medicine by students enrolled in an approved

       naturopathic medical college. Services shall be performed in accordance with a

       course of instruction or assignments from an instructor and under the

       supervision of the instructor. The instructor shall be a naturopathic physician

       licensed under this chapter.
       SECTION 11. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    There is hereby created the Kentucky State Naturopathic Board consisting of five

       (5) members appointed by the Governor. The Governor shall make the initial

       appointments to the board no later than sixty (60) days after the effective date of

       this Act. The board shall hold its first meeting on a date no later than thirty (30)
       days following appointments by the Governor. Three (3) members of the initial

       board shall be persons who would qualify for licensing under this chapter. Their

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       successors shall be naturopaths who are licensed under this chapter. Two (2)

       members of the board shall be individuals who are unaffiliated with the

       profession. For the initial board, one (1) unaffiliated member and one (1)

       naturopath shall serve four (4) year terms, one (1) unaffiliated member and one

       (1) naturopath shall serve three (3) year terms, and one (1) naturopath shall serve

       a two (2) year term. The term of office for board members after the initial board

       is four (4) years. Any board member may be removed for just cause including a

       finding of fact of unprofessional conduct, impaired practice, or more than three

       (3) unexcused absences. The Governor may appoint a new member to fill any

       vacancy on the board for the remainder of the unexpired term. No board member

       may serve more than two (2) consecutive terms, whether full or partial.

(2)    Board members shall be compensated for necessary expenses and reimbursed for

       actual travel expenses.

(3)    The board may elect annually a chair and vice chair to direct the meetings of the

       board. The board shall meet at least once each year, and may hold additional

       meetings as called by the director or the chair.
       SECTION 12. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

The director, members of the board, or individuals acting on their behalf, are immune

from suit in any civil action based on any act performed in the course of their duties.
       SECTION 13. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

In addition to any other authority provided by law, the board may:

(1)    Adopt rules necessary to implement this chapter.

(2)    Set all license, examination, and renewal fees commensurate with the cost of
       administration.



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(3)    Approve the establishment of forms and procedures necessary to administer this

       chapter.

(4)    Prepare and administer, or approve the preparation and administration of,

       examinations for licensure.

(5)    Issue a license to any applicant who has met the education, training, and

       examination requirements for licensure and deny a license to applicants who do

       not meet the minimum qualifications for licensure.

(6)    Issue certificates of specialty practice.

(7)    Adopt rules specifying the scope of practice of naturopathic medicine stated in

       Section 5 of this Act that are consistent with the definition of naturopathic

       medicine provided in Section 3 of this Act.

(8)    Ensure the maintenance of the official board record of all applicants and

       licensees.

(9)    Determine whether alternative methods of training are equivalent to formal

       education, and establish forms, procedures, and criteria for evaluation of an

       applicant's equivalent alternative training to determine the applicant's eligibility

       to take the examination.

(10) Establish by rule the procedures for an appeal of examination failure.

(11) Establish a formulary.

(12) Adopt standards of practice for naturopathic physicians.

(13) Conduct a hearing on an appeal of a denial of a license based on the applicant's

       failure to meet the minimum qualifications for licensure. The hearing shall be

       conducted under KRS Chapter 13B.

(14) Adopt rules implementing a continuing education program in accordance with

       Section 20 of this Act.
       SECTION 14. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

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(1)    To be eligible for a license to practice naturopathic medicine, the applicant shall:

       (a)     Be a graduate of an approved naturopathic medical college and pass or

               have passed a competency-based examination approved by the board,

               covering the appropriate naturopathic subjects, including basic and clinical

               sciences;

       (b)     Possess a good ethical and professional reputation;

       (c)     Be physically and mentally capable of safely practicing naturopathic

               medicine with or without reasonable accommodation;

       (d)     Have never had a license to practice naturopathic medicine refused,

               revoked, or suspended by any other state or country for reasons that relate

               to the applicant's ability to skillfully and safely practice naturopathic

               medicine unless that license has been restored to good standing by that state

               or country; and

       (e)     File an application and pay the licensing fees.

(2)    The board may issue a conditional license to an individual who:

       (a)     Submits an application and a fee to be determined by the board;

       (b)     Has graduated from an approved naturopathic medical college; and

       (c)     Has been practicing naturopathic medicine in this state three (3) years

               preceding the effective date of this Act.

(3)    A conditional licensee has three (3) years from the effective date of this Act to

       fulfill all licensure requirements and obtain full licensure. All conditional

       licenses shall expire three (3) years from the effective date of this Act. The scope

       of practice for a conditional licensee is limited to those therapeutic practices

       covered by subsection (1) of Section 5 of this Act and those prescriptive practices

       covered by subsection (5) of Section 5 of this Act.
       SECTION 15. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

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A licensee shall be a graduate of an approved naturopathic school or college. An

approved school shall meet the following standards:

(1)    Is accredited by the Council on Naturopathic Medical Education (CNME) or

       another accrediting agency recognized by the United States Department of

       Education;

(2)    Has the status of candidate for accreditation with the accrediting agency; or

(3)    Has been approved by the board after an investigation that determines that the

       college or program meets education standards equivalent to those established by

       the accrediting agency and complies with the board's rules, which shall require

       as a minimum a full-time resident program of academic and clinical study.
       SECTION 16. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    The date and location of the examination shall be established by the board.

       Applicants who have been found to meet the education and experience

       requirements for licensure shall be scheduled for the next examination following

       the filing of the application. The board shall establish by rule the examination

       application deadline.

(2)    The examination shall contain subjects appropriate to the standards of

       competency and scope of practice.

(3)    The board shall establish by rule the requirements for a reexamination if the

       applicant has failed the examination.
       SECTION 17. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

The board shall establish by rule the standards for licensure of applicants licensed in

another jurisdiction. However, the standards for reciprocity of licensure shall not be
less than required for licensure in the state of Kentucky.



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       SECTION 18. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

Applications for licensure shall be submitted on forms provided by the department. The

board may require any information and documentation needed to determine if the

applicant meets the criteria for licensure as provided in this chapter. Each applicant

shall pay a fee determined by the board. The fee shall be submitted with the

application.
       SECTION 19. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO
READ AS FOLLOWS:

The board shall establish by rule the requirements for renewal of licenses. The board

shall establish a renewal and late renewal penalty fee. Failure to renew shall invalidate

the license and all privileges granted by the license. The board shall determine by rule

whether a license shall be canceled for failure to renew and shall establish procedures

and prerequisites for relicensure.
       SECTION 20. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    Except as provided in subsection (2) of this section, each person holding a license

       under this chapter shall submit, with their application for license renewal,

       evidence satisfactory to the board of successful completion of an approved

       program of continuing education as established by the board.

(2)    The board may exempt any person holding a license under this chapter from the

       requirements of subsection (1) of this section upon application showing evidence

       satisfactory to the board of inability to comply with the requirements because of

       physical or mental condition or because of other unusual or extenuating

       circumstances. However, no person shall be exempted from the requirements of
       subsection (1) of this section more than once in any five (5) year period.



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(3)    The board shall require licensees to obtain continuing education for the use of

       pharmacological substances for diagnostic, preventive, and therapeutic purposes

       in order to maintain current licensure.
       SECTION 21. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    The board may offer a program of continuing education in naturopathic

       medicine to meet the requirements of Section 20 of this Act. The board may also

       approve a program to be presented by persons reasonably qualified to do so.

(2)    Any person seeking approval of a program of continuing education in

       naturopathic medicine, to be offered to assist persons holding licenses under this

       chapter to comply with the requirements of subsection (1) of Section 20 of this

       Act, shall submit to the board, at such time as the board may require, copies of

       courses of study to be offered and proof of such other qualifications as the board

       may require. Approval granted to any program of continuing education shall be

       reviewed periodically and approval may be withdrawn from any program that

       fails to meet the requirements of the board.

(3)    Any program of continuing education in naturopathic medicine offered or

       approved under this section shall consist of study covering new, review,

       experimental, research, and specialty subjects in the field of naturopathic

       medicine.
       SECTION 22. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    Any board licensee shall, and any other person may, report to the board any

       suspected violation of the provisions of this chapter.

(2)    Information pertaining to the report required by subsection (1) of this section
       shall remain confidential and not be subject to public disclosure under the public

       disclosure laws of the state.

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(3)    Any person who reports or provides information to the board under this section

       in good faith shall not be subject to an action for civil damages as a result

       thereof.
       SECTION 23.        A NEW SECTION OF KRS CHAPTER 31A IS CREATED TO

READ AS FOLLOWS:

(1)    The board shall investigate, or cause to be investigated, all complaints made to it

       and all cases of noncompliance with this chapter.

(2)    The board may conduct hearings to assist with investigations, to determine

       whether grounds exist for suspension, revocation, or denial of a license, or to

       fulfill its responsibilities under this chapter as the board otherwise determines

       necessary.

(3)    The board may subpoena witnesses, administer oaths in any hearing or

       disciplinary proceedings, and compel, by subpoena duces tecum, the production

       of papers and records.
       SECTION 24. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

(1)    The board may suspend, revoke, or refuse to issue or renew a license on any of

       the following grounds:

       (a)     The practice of fraud or deceit in obtaining a license under this chapter or

               in connection with services rendered as a naturopathic physician;

       (b)     A legal finding of mental incompetence;

       (c)     Aiding or abetting a person, not duly licensed under this chapter, in

               claiming to be an acupuncturist or naturopathic physician;

       (d)     Any gross negligence, incompetence, or misconduct in the performance of

               naturopathic medicine;
       (e)     Conviction of any crime resulting in the imprisonment for a year or more;

               or

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       (f)     Any other good cause, relevant to qualifications to practice naturopathic

               medicine.

(2)    The board may not refuse to renew a license for any reason other than failure to

       pay the required fee, unless it has afforded the licensee an opportunity for an

       hearing. The board shall hold a hearing upon the written request of any person

       whose license is suspended or revoked or who is denied a license without hearing

       for any reason other than failure to pay a required fee. The written request for a

       hearing must be received by the board within thirty (30) days of the applicant's

       receipt of written notice of the denial of the application. The written notice of

       suspension, revocation, or denial shall set forth the reasons for the action and the

       applicant's right to request a hearing. The board shall conduct hearings in

       conformity with the Chapter 13B to the extent applicable.
       SECTION 25. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

A person in the course of business may not employ a naturopathic physician who does

not have a license unless that person is a student or intern within the meaning of this

chapter.
       SECTION 26. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

Violation of any provision of this chapter is punishable, upon conviction, by a fine of

not less than fifty dollars ($50) nor more than five hundred dollars ($500).
       SECTION 27. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO

READ AS FOLLOWS:

The prosecuting attorneys of the state shall prosecute all persons charged with

violation of any of the provisions of this chapter.
       Section 28. If any provision of this Act or the application thereof to any person or

circumstance is held invalid, the invalidity shall not affect other provisions or

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applications of the Act that can be given effect without the invalid provision or

application, and to this end the provisions of this Act are severable.




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