Senate Bill #327 (2017)

AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- LICENSE OF NATUROPATHY ACT OF 2017

Establishes procedures for the licensing of naturopathic physicians, and defines the practice of naturopathic medicine.

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2017 – S 0327
  • 2017 – S 0327 SUBSTITUTE A
  • ========
  • LC001201
  • LC001201/SUB A
  • ========
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATINGTO BUSINESSESAND PROFESSIONS - THENATUROPATHIC PHYSICIANS
  • ACT OF 2017
  • Introduced By: Senator Roger Picard
  • Date Introduced: February 16, 2017
  • Referred To: Senate Health & Human Services
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Title 5 of the GeneralLaws entitled "BUSINESSES AND PROFESSIONS" is hereby amended by adding thereto the following chapter:
  • CHAPTER 36.1
  • THE NATUROPATHIC PHYSICIANS ACT OF 2017
  • 5-36.1-1. Short title.
  • This chapter shall be known and may be cited as "The Naturopathic Physicians Actof 2017."
  • 5-36.1-2. Definitions.
  • The following words and phrases as used in this chapter shall have the following meanings:
  • (1) "Approved naturopathic medical college" means a college which grants a degree of doctor of naturopathic medicine or doctor of naturopathy; and
  • (i) Is accredited by the Council on Naturopathic Medical Education (CNME), its successor or other accrediting agency recognized by the United States Department of Education; or
  • (ii) Is a naturopathic medical education program in the United States providing the degree of doctor of naturopathy or doctor of naturopathic medicine. The program shall offer graduate- level full-time didactic and supervised clinical training and shall be accredited, or has achieved candidacy status for accreditation by the CNME or an equivalent federally recognized accrediting body for naturopathic medical programs also recognized by the board. Additionally, the program shall be an institution, or part of an institution of higher education that is either accredited or is a candidate for accreditation by a regional or national institutional accrediting agency recognized by the United States Secretary of Education; or
  • (iii) Is a degree granting college or university that, prior to the existence of the CNME, offered a full-time structured curriculum in basic sciences and supervised patient care comprising a doctoral naturopathic medical education; such course, as a prerequisite to graduation therefrom, having been not less than one hundred thirty-two (132) weeks in duration and which required completion within a period of not less than thirty-five (35) months; such college of naturopathic medicine shall have been reputable and in good standing in the judgment of the board; and if still in existence has current programmatic accreditation by the CNME or federally-recognized equivalent accrediting agency; or
  • (iv) Is a diploma granting, degree-equivalent college or university, that, if in Canada, and prior to accreditation by the CNME, had provincial approval for participation in government- funded student aid programs that offered a full-time structured curriculum in basic sciences, and supervised patient care comprising a doctoral naturopathic medical education; such course, as a prerequisite to graduation therefrom, having been not less than one hundred thirty-two (132) weeks in duration, and shall require completion within a period of not less than thirty-five (35) months; the college of liberal arts and naturopathic medicine having been reputable and in good standing in the judgment of the board; and, if still in existence, has current programmatic accreditation by the CNME or federally recognized equivalent accrediting agency. Additionally, the college or university currently has provincial approval for participation in government-funded student aid programs; or
  • (v) Is a diploma granting, degree-equivalent college or university in Canada that offers graduate-level full-time didactic and supervised clinical training, and shall be accredited, or has achieved candidacy status for accreditation by the CNME or an equivalent federally-recognized accrediting body for naturopathic medical programs also recognized by the board. Additionally, the college or university has provincial approval for participation in government-funded student aid programs.
  • (2) "Board" means the North American Board of Naturopathic Examiners.
  • (3) "CNME" or "Council" means the Council on Naturopathic Medical Education.
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO BUSINESSES AND PROFESSIONS – LICENSE OF NATUROPATHY ACT
  • OF 2017
  • Introduced By: Senator Roger Picard
  • Date Introduced: February 16, 2017
  • Referred To: Senate Health & Human Services
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" is hereby amended by adding thereto the following chapter:
  • CHAPTER 36.1
  • LICENSURE OF NATUROPATHY ACT OF 2017
  • 5-36.1-1. Short title.
  • This chapter shall be known and may be cited as "License of Naturopathy Act of 2017."
  • 5-36.1-2. Definitions.
  • The following words and phrases as used in this chapter shall have the following meanings:
  • (1) "Approved naturopathic college" means a college which grants a degree of doctor of naturopathy; and:
  • (i) Is accredited by the Council on Naturopathic Medical Education (CNME), its successor or other accrediting agency recognized by the United States Department of Education; or
  • (ii) Is accredited by any other organization approved by the board of licensure of naturopathy;
  • (2) "Board" means the board of licensure of naturopathy.
  • (3) "CNME" or "Council" is the Council on Naturopathic Medical Education.
  • (4) "Department" means the Rhode Island department of health.
  • (5) "Disciplinary action" means any action taken by an administrative law officer
  • LC001201 - Page 2of 10 established against a licensee or applicant on a finding of unprofessional conduct by the licensee or applicant. "Disciplinary action" includes issuance of warnings and all sanctions including denial, suspension, revocation, limitation or restriction of licenses and other similar limitations.
  • (5) "Disciplinary action" means any action taken by an administrative law officer established against a licensee or applicant on a finding of unprofessional conduct by the licensee or applicant. "Disciplinary action" includes issuance of warnings and all sanctions including denial, suspension, revocation, limitation or restriction of licenses and other similar limitations.
  • (6) "Director" means the director of the Rhode Island department of health.
  • (7) "Natural" means present in, produced by, or derived from nature.
  • (8) "Naturopathic medicine" or "the practice of naturopathic medicine" means a system of health care that utilizes education, natural medicines and natural therapies to support and stimulate a patient's intrinsic self-healing processes, and to prevent, diagnose and treat human health conditions and injuries.
  • (9) "Naturopathic physical medicine" means the use of the physical agents of air, water, heat, cold, sound and light, and the physical modalities of naturopathic manipulation and mobilization therapy, electrotherapy, biofeedback, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise. Naturopathic medicine does not include the practice of physical therapy, physical rehabilitation, or chiropractic.
  • (10) "Naturopathic physician" means a person who practices naturopathic medicine and is licensed pursuant to the provisions of this chapter.
  • 5-36.1-3. Licensed naturopathic physicians - Allowable practices.
  • (a) A naturopathic doctor, in connection with such system of health care and licensed under this chapter, may:
  • (1) Administer or provide for preventative and therapeutic purposes nonprescription medicines, topical medicines, botanical medicines, homeopathic medicines, counseling, nutritional and dietary therapy, and naturopathic physical medicine authorized by this chapter.
  • (2) Order and perform physical and laboratory examinations consistent with naturopathic education and training, for diagnostic purposes, including, but not limited to, phlebotomy, clinical laboratory tests, orifical examinations, and physiological function tests.
  • (3) Order diagnostic imaging studies consistent with naturopathic training.
  • (4) Dispense, administer, order, and prescribe or perform the following:
  • (i) Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, all dietary supplements and nonprescription drugs as defined by the FederalFood, Drug, and Cosmetic Act.
  • (ii) Prescription substances as determined by the naturopathic formulary council.
  • (iii) Hot or cold hydrotherapy; naturopathic physical medicine; electromagnetic energy; colon hydrotherapy; and therapeutic exercise.
  • (iv) Devices, including but not limited to, therapeutic devices, barrier contraception, and
  • LC001201 - Page 3of 10 durable medical equipment.
  • (v) Health education and health counseling.
  • (vi) Repair and care incidentalto superficial lacerations and abrasions.
  • (vii) Removal of foreign bodies located in the superficial tissues.
  • (viii) Musculoskeletal manipulation consistent with naturopathic education and training.
  • (5) Utilize the routes of administration that include oral, nasal, auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular consistent with the education and training of a naturopathic doctor.
  • (6) Perform those therapies as trained and educated, and approved by the board.
  • 5-36.1-4. Licensed naturopathic physicians. Non-allowable practices.
  • (a) A naturopathic doctor licensed under this chapter, shall not:
  • (1) Prescribe, dispense or administer any controlled substance or device identified in the Federal Controlled Substance Act, 21 U.S.C. sections 801 through 971(1988), as amended, except as authorized by this chapter;
  • (2) Perform surgical procedures except those minor office procedures authorized by this chapter;
  • (3) Practice or claim to practice as a medical doctor, osteopath, dentist, podiatrist, optometrist, psychologist, advanced practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist, or any other health care professional not authorized by this chapter unless licensed as such;
  • (4) Use generalor spinalanesthetics;
  • (5) Administer ionizing radioactive substances for therapeutic purposes;
  • (6) Perform surgicalprocedures using a laser device;
  • (7) Perform surgical procedures involving the eye, ear, tendons, nerves, veins or arteries extending beyond superficial tissue;
  • (8) Perform chiropractic adjustments or musculoskeletal manipulation;
  • (9) Perform acupuncture, unless licensed as an acupuncturist; or
  • (10) Practice naturopathic medicine in this state without a valid license.
  • 5-36.1-5. Prohibitions and penalties.
  • (a) No person shallperform the following:
  • (1) Practice naturopathic medicine in this state without a valid license issued in accordance with this chapter.
  • (2) Use, in connection with the person's name any letters, words or insignia indicating or implying that the person is a naturopathic physician unless the person is licensed in accordance
  • LC001201 - Page 4of 10 with this chapter. A person licensed under this chapter may use the designations "N.D." (naturopathic doctor), "N.M.D." (naturopathic medical doctor), "doctor of naturopathic medicine," "naturopathic doctor," or "doctor of naturopathy."
  • (b) A person licensed under this chapter shallnot perform any of the following acts:
  • (1) Prescribe, dispense, or administer any prescription medicines except those medicines authorized by this chapter.
  • (2) Use for therapeutic purposes, any device regulated by the United States Food and Drug Administration (FDA) that has not been approved by the FDA.
  • (3) A person who violates any of the provisions of this section shall be subject to the penalties provided in §5-36.1-14.
  • (8) "Naturopathic health care" or "the practice of naturopathic health care" means a system of health care that utilizes education, natural substances and natural therapies to support and stimulate a patient's intrinsic self-healing processes and to prevent, and treat human health conditions and injuries.
  • (9) "Doctor of naturopathy" means a person who practices naturopathic health care and is licensed pursuant to the provisions of this chapter.
  • 5-36.1-3. Scope of practice.
  • (a) A license authorizes a licensee, consistent with naturopathic education and training and competence demonstrated by passing the doctor of naturopathy licensing examination, to:
  • (1) Order and perform physical and laboratory examinations for diagnostic purposes;
  • (2) Dispense or order natural substances of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical substances, homeopathic substances, and all dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act that use various routes of administration, including oral, nasal, auricular, ocular, rectal, vaginal, transdermal;
  • (3) Administer natural substances of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical substances, homeopathic substances, and all dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act using transdermal routes of administration;
  • (4) Administer or perform hot or cold hydrotherapy, electromagnetic energy, and therapeutic exercise for the purpose of providing basic therapeutic care services, except that if a referral to another licensed provider is appropriate for ongoing rehabilitation or habilitation services, the doctor of naturopathy shall make the referral;
  • (5) Provide health education and health counseling; and
  • (6) Perform naturopathic musculoskeletal mobilization.
  • (b) If a doctor of naturopathy is engaged in the private practice of naturopathy in the state, the doctor of naturopathy shall display the license obtained pursuant to this section conspicuously in each office where the doctor of naturopathy is engaged in practice.
  • 5-36.1-4. Penalty for misrepresentation.
  • No person who is not licensed as a doctor of naturopathy may use the title of "doctor of naturopathy" or hold themselves out as a doctor of naturopathy. Any person who violates the provisions of this section shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), nor more than one year imprisonment, or by both the fine and imprisonment.
  • 5-36.1-5. Prohibited acts.
  • A person licensed under this chapter shall not perform any of the following acts:
  • (1) Prescribe, dispense, or administer any legend medications or substances controlled pursuant to the federal Controlled Substances Act 21 U.S.C. §812 and chapter 28 of title 21;
  • (2) Use for therapeutic purposes, any device regulated by the United States Food and Drug Administration (FDA) that has not been approved by the FDA;
  • (3) Perform surgical procedures;
  • (4) Practice or claim to practice as a medical doctor or physician, a doctor of osteopathic medicine, a primary care doctor, a primary care practitioner, a primary care provider, a primary care naturopath, a dentist, a podiatrist, an optometrist, a psychologist, an advanced practice registered nurse, a physician assistant, a chiropractor, a physical therapist, an acupuncturist, or any other health care professional unless licensed under this title;
  • (5) Use general regional or spinal anesthetics or procedural sedation;
  • (6) Administer ionizing radioactive substances for therapeutic or diagnostic purposes;
  • (7) Perform chiropractic adjustments or manipulations that include high–velocity thrusts at or beyond the end range of normal joint motion unless the licensee is also a licensed chiropractor;
  • (8) Perform acupuncture unless the licensee is also a licensed acupuncturist;
  • (9) Advise patients regarding prescription drugs beyond possible dietary supplement/herb - prescription drug interactions;
  • (10) Practice naturopathy in this state without a valid license issued in accordance with this chapter; or
  • (11) Use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a doctor of naturopathy unless the person is licensed in accordance with this chapter. A person licensed under this chapter may use the designations "DN" for doctor of naturopathy.
  • 5-36.1-6. Exemptions.
  • (a) Nothing in this chapter shallbe construed to prohibit any of the following:
  • (1) The practice of a profession by a person who is licensed, certified, or registered under other laws of this state, and is performing services within the authorized scope of practice of that profession.
  • (2) The practice of naturopathic medicine by a person duly licensed to engage in the practice of naturopathic medicine in another state, territory or the District of Columbia who is called into this state for consultation with a naturopathic physician licensed under this chapter.
  • (3) The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical college. The performance of services shall be pursuant to a course of instruction, and under the supervision of an instructor, who shall be a naturopathic physician licensed in accordance with this chapter.
  • (4) The use or administration of over-the-counter medicines or other nonprescription agents, regardless of whether the over-the-counter medicine or agent is on the naturopathic formulary.
  • (b) The provisions of this chapter relating to the practice of naturopathic medicine, shall not be construed to limit or restrict in any manner the right of a practitioner of another health care profession from carrying on in the usualmanner any of the functions related to that profession.
  • 5-36.1-7. Reporting contagious and infectious diseases – Death certificates.
  • Naturopathic physicians are subject to the provisions of the law relating to contagious and infectious diseases, and to the issuance of birth and death certificates.
  • 5-36.1-8. Oversight and duties by director of health.
  • The director of health, with the advice of the advisory appointees, shall:
  • (1) Provide generalinformation to applicants for licensure as naturopathic physicians;
  • LC001201 - Page 5of 10
  • (2) Administer fees collected under this chapter;
  • (3) Administer examinations;
  • (4) Explain appeal procedures to naturopathic physicians and applicants for licensure and complaint procedures to the public;
  • (5) Receive applications for licensure under this chapter, issue and renew licenses and revoke, suspend, reinstate or condition licenses as ordered by an administrative law officer; and
  • (6) Refer alldisciplinary matters to an appropriate administrative law-hearing officer.
  • 5-36.1-9. Advisory appointees.
  • (a) The director shall appoint two (2) naturopathic physicians licensed under this chapter to serve as advisors to the director in matters relating to naturopathic physicians. They shall be appointed as set forth in this section and serve at the pleasure of the director. One of the initial appointments shall be for a term of three (3) years, and one of the initialappointments shallbe for a term of two (2) years.
  • (b) The persons appointed pursuant to subsection (a) of this section shall have at least three (3) years of experience as a naturopathic physician during the period immediately preceding the appointment, and shall be actively practicing naturopathic medicine and remain in good standing during their period as advisors.
  • (c) The director shall seek the advice of the advisor appointees under this section in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses for attendance at any meetings called by the director for this purpose.
  • (d) When an advisor appointee is unable to serve as an administrative law officer by reason of disqualification or necessary absence, the director may appoint a suitable person to serve as the administrative law officer in lieu of the advisor appointee.
  • 5-36.1-10. Eligibility for licensure.
  • (a) To be eligible for licensure as a naturopathic physician, an applicant shall satisfy all the following:
  • (1) Has been granted a degree of doctor of naturopathic medicine, from a CNME- approved naturopathic medical college;
  • (2) Be physically and mentally fit to practice naturopathic medicine with or without reasonable accommodation; and
  • (3) Pass an examination approved by the director, such examination being a competency- based national naturopathic licensing examination administered by the North American Board of Naturopathic Examiners, or successor agency that has been nationally recognized to administer a
  • LC001201 - Page 6of 10 naturopathic examination that represents federal standards of education and training. For graduates of approved naturopathic schools, eligibility for licensure may be granted with evidence of successful passage of a board-approved state competency examination or Canadian provincial examination.
  • 5-36.1-11. Application for licensure.
  • (a) Nothing in this chapter shall be construed to prohibit any of the following:
  • (1) The practice of a profession by a person who is licensed, certified, or registered under other laws of this state and is performing services within the authorized scope of practice of that profession.
  • (2) The practice of naturopathy by a student enrolled in approved naturopathic training. The performance of services shall be pursuant to a course of instruction and under the supervision of an instructor, who shall be a doctor of naturopathy licensed in accordance with this chapter.
  • (3) The use or administration of over-the-counter medicines or other nonprescription agents,
  • 5-36.1-7. Reporting contagious and infectious diseases.
  • Doctors of naturopathy are subject to the provisions of the law relating to contagious and infectious diseases.
  • 5-36.1-8. Board of licensure – Creation.
  • Within the division of professional regulation established in the department of health pursuant to chapter 26 of this title there shall be created a board of licensure for doctor of naturopathy.
  • 5-36.1-9. Board of licensure.
  • (a) The director of the department of health, with the approval of the governor, shall appoint a board consisting of five (5) persons, all residents of the state, to constitute a board of licensure for naturopathy with the duties, powers, and authority as stated in this chapter, and that board shall be composed of the following:
  • (1) Two (2) members who shall be licensed physicians under chapter 37 of title 5 who have been actively engaged in the practice of medicine;
  • (2) One member who is a representative of the general public not employed in any health-related field; and
  • (3) Two (2) members who shall be doctors of naturopathy meeting the qualifications for licensure under this chapter.
  • (b) Members shall be appointed for terms of three (3) years each with no member serving more than two (2) consecutive terms.
  • (c) In their initial appointment, the director shall designate the members of the board of licensure as follows: three (3) members to serve for terms of three (3) years; and two (2) members to serve for a term of two (2) years.
  • (d) The director of the department of health may remove any member of the board for cause.
  • (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as the original appointment.
  • 5-36.1-10. Board of licensure – Powers and duties.
  • (a) The board shall administer and coordinate the provisions of this chapter, evaluate the qualifications of applicants, supervise any examination of applicants deemed necessary, recommend to the director the commencement of disciplinary hearings in accordance with chapter 35 of title 42 and the provisions of this chapter, and investigate persons engaging in practices which violate the provisions of this chapter. The board shall investigate all persons and agencies engaging in practices which violate the provisions in this chapter.
  • (b) The board shall conduct hearings of a non-disciplinary nature and shall keep the records and minutes that are necessary to an orderly dispatch of business.
  • (c) The board, with the approval of the director of the department of health, shall adopt rules and regulations necessary to carry into effect the provisions of this chapter and may amend or repeal them.
  • (d) Regular meetings of the board shall be held at any time and places that the board prescribes and special meetings shall be held upon the call of the chairperson; provided, that at least one regular meeting is held each year.
  • (e) The conferral or enumeration of specific powers in this chapter shall not be construed as a limitation of the general powers conferred by this section.
  • (f) The board shall recommend to the director for registration those persons meeting the criteria stated by this chapter.
  • (g) The board shall recommend to the director the revocation or suspension of the registration of any doctor of naturopathy who does not conform to the requirements of this chapter or regulations adopted under this chapter.
  • (h) The board shall approve programs for continuing naturopathic education.
  • 5-36.1-11. Board of licensure – Organization and meetings – Compensation of members.
  • The board shall elect its own chairperson annually and shall meet at the call of the administrator, the chairperson or upon the request of two (2) or more members of the board. A quorum shall consist of at least three (3) members present, one of whom must be a doctor of naturopathy. The board shall approve programs for continuing naturopathic education. Board members shall serve without compensation.
  • 5-36.1-12. Qualifications for licensure.
  • (a) To be eligible for licensure as a doctor of naturopathy, an applicant shall satisfy all the following:
  • (1) Have been granted a degree of doctor of naturopathy from an approved naturopathy college;
  • (2) Be physically and mentally fit to practice naturopathy with or without reasonable accommodation;
  • (3) Pass an examination approved by the board;
  • (4) Have in place a written collaboration and consultation agreement with a physician licensed under chapter 37 of title 5. The collaboration and consultation agreement shall include the following:
  • (i) The name and license number of the physician with whom the applicant has a collaboration and consultation agreement;
  • (ii) A statement that the applicant will refer patients to and consult with physicians and other licensed health care providers; and
  • (iii) A statement that the applicant will require patients to sign a consent form that states that the applicant's practice of naturopathy is limited to the scope of practice identified in §5- 36.1-3.
  • 5-36.1-13. Application for licensure.
  • A person shall apply for a license under this chapter by filing with the director an application provided by the director accompanied by the required fees and evidence of eligibility.
  • 5-36.1-12. Examination – Waiver of examination.
  • The director, or designee, shall administer an examination required to obtain licensure in the state of Rhode Island to applicants for licensure at least two (2) times each year if applications are pending. Examinations administered by the director and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted a license if they demonstrate that they possess minimal professional qualifications that are consistent with the public health, safety, and welfare. The examinations shallnot be designed or implemented for the purpose of limiting the number of licenses issued.
  • 5-36.1-13. Biennial license renewalContinuing education.
  • (a) The license to practice naturopathic medicine shallbe renewed every two (2) years by filing a renewal application on a form provided by the director. The application shall be accompanied by the required fee and evidence of compliance with subsection (b) of this section.
  • (b) As a condition of renewal, a naturopathic physician shall complete a program of continuing education, approved by the director, during the preceding two (2) years. The director shall not require more than thirty (30) hours of continuing education biennially.
  • 5-36.1-14. Refusal or revocation of licensure - Complaints.
  • 5-36.1-14. Biennial license renewalContinuing education.
  • (a) The license to practice naturopathy shall be renewed every two (2) years by filing a renewal application on a form provided by the director. The application shall be accompanied by the required fee and evidence of compliance with subsection (b) of this section.
  • (b) As a condition of renewal, a doctor of naturopathy shall complete a program of continuing education, approved by the director, during the preceding two (2) years. The director shall not require more than thirty (30) hours of continuing education biennially.
  • 5-36.1-15. Unprofessional conduct.
  • The following conduct, and conduct set forth by the department of health, by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:
  • (1) Failing to use a complete or accurate title in professionalactivity.
  • (2) Repeated acts of immorality or repeated acts of gross misconduct in the practice of their profession or gross or repeated malpractice or the failure to practice naturopathic medicine with that level of care, skill, and treatment that is recognized by a reasonably prudent similar naturopathic physician as being acceptable under similar conditions and circumstances.
  • (3) Harassing, intimidating, or abusing a patient.
  • (4) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessionalconduct to
  • LC001201 - Page 7of 10 the board.
  • (5) Abandonment of a patient.
  • (6) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.
  • (7) Sexualharassment of a patient.
  • (8) Engaging in an inappropriate sexualact with a patient.
  • (9) Willful misrepresentation in treatments.
  • (10) Practicing naturopathic medicine in an area or areas of specialty in which the licensee is not trained to practice.
  • (11) Violation of any law of the state involving moral turpitude.
  • 5-36.1-15. Refusal or revocation of a license - Process.
  • (a) The division of professional regulation of the department of health may, after notice and hearings, in its discretion refuse to grant a license provided in this chapter to any naturopathic physician who has violated any of the laws of the state involving moral turpitude or affecting the ability of any naturopathic physician to practice naturopathic medicine, or who had been guilty of unprofessional conduct or conduct of a character likely to deceive or defraud the public, and may, after notice and hearing, revoke or suspend any license issued or granted by it to a naturopathic physician for like causes or for any fraud or deception committed in obtaining the license.
  • (b) The division of professional regulation of the department of health may refuse to accept the return of a license tendered by the subject of a disciplinary investigation and may notify relevant state, federaland localagencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against the licensee, provided that notice of charges against the licensee has been served or disciplinary action against that person has been taken.
  • (1) Failing to use a complete or accurate title in professional activity.
  • (2) Failure to conform to the provisions of the collaboration and consultation agreement.
  • (3) Acts of gross misconduct in the practice of their profession or gross or repeated malpractice or the failure to practice naturopathy with the level of care, skill, and treatment that is recognized by a reasonably prudent similar doctor of naturopathy as being acceptable under similar conditions and circumstances.
  • (4) Harassing, intimidating, or abusing a patient.
  • (5) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board.
  • (6) Abandonment of a patient.
  • (7) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.
  • (8) Sexual harassment of a patient.
  • (9) Engaging in an inappropriate sexual act with a patient.
  • (10) Willful misrepresentation in treatments.
  • (11) Practicing naturopathy in an area or areas of specialty in which the licensee is not trained to practice.
  • 5-36.1-16. Refusal or revocation of a license Process.
  • (a) The division of professional regulation of the department of health may, after notice and hearing, in its discretion, refuse to grant the license provided for in this chapter to any doctor of naturopathy who has violated any of the laws of the state affecting the ability of any doctor of naturopathy to practice naturopathy, or who had been guilty of unprofessional conduct or conduct of a character likely to deceive or defraud the public, and may, after notice and hearing, revoke or suspend any license issued or granted by it for like causes or for any fraud or deception committed in obtaining the license.
  • (b) The division of professional regulation of the department of health may refuse to accept the return of a license tendered by the subject of a disciplinary investigation and may notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against the licensee, provided that notice against the licensee has been served or disciplinary action against that person has been taken.
  • (c) The division of professional regulation of the department of health shall serve a copy of its decision or ruling upon any person whose certificate has been revoked or refused.
  • (d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessionalconduct.
  • 5-36.1-16. Complaints.
  • (a) Any person may report to the division of professional regulation, in writing, any information the person has reason to believe indicates that a naturopathic physician is or may be medically or legally incompetent, has engaged in the unauthorized practice of naturopathic medicine, has been guilty of unprofessional conduct, or is mentally or physically unable to
  • LC001201 - Page 8of 10 engage safely in the practice of naturopathic medicine.
  • (b) Upon receiving a credible complaint or report concerning a licensee, or on its own motion, the division of professional regulation may investigate any evidence that appears to show that a licensee may be medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine.
  • (c) Within ten (10) days of receipt thereof, the division of professional regulation shall acknowledge receipt of all reports required by this section and any complaint against a licensee. Within ten (10) days thereafter, the division shall inform any person or entity whose report has resulted in action by the division of the final disposition of the matter.
  • (d) Any person aggrieved by the decision or ruling of the department of health, or of the division of professional regulation, in regard to any of the provisions of this chapter, may appeal to the superior court in the manner provided for in chapter 35 of title 42 ("Administrative Procedures Act").
  • SECTION 2. This act shalltake effect upon passage.
  • ========
  • LC001201
  • ========
  • LC001201 - Page 9of 10
  • (d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
  • 5-36.1-17. Complaints.
  • (a) Any person may report to the division of professional regulation in writing any information the person has reason to believe indicates that a doctor of naturopathy is, or may be, medically or legally incompetent, engaged in the unauthorized practice of naturopathy, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of naturopathy
  • (b) Upon receiving a credible complaint or report concerning a licensee, or on its own motion, the division of professional regulation may investigate any evidence that appears to show a licensee may be medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of naturopathy.
  • (c) Within ten (10) days of receipt thereof, the division of professional regulation shall acknowledge receipt of all reports required by this section and any complaint against a licensee. Within ten (10) days thereafter, the division shall inform any person or entity whose report has resulted in action by the division of the final disposition of the matter.
  • (d) Any person aggrieved by the decision or ruling of the department of health, or of the division of professional regulation, in regard to any of the provisions of this chapter, may appeal to the superior court in the manner provided for in chapter 35 of title 42.
  • 5-36.1-18. Informed consent and disclosure.
  • Prior to initiating treatment by a doctor of naturopathy each patient must read and sign a disclosure statement containing the following information:
  • (1) Rhode Island does not recognize doctors of naturopathy as primary care providers and a doctor of naturopathy is not responsible for the overall medical care of any patient.
  • (2) Naturopathic care is intended only as an adjunct to, and not a substitute for, medical care from a physician, physician assistant (PA), or advanced practice registered nurse (APRN), and doctors of naturopathy shall coordinate patient care with physicians and other health care providers.
  • (3) Patients are urged to have a primary care provider and to have all specialty care provided by a properly credentialed physician specialist.
  • (4) Doctors of naturopathy are not licensed to prescribe drugs or to advise patients regarding prescription drugs beyond possible dietary supplement/herb – prescription drug interactions. All questions regarding prescription medications should be directed to the prescriber or to the patient's primary care provider or licensed registered pharmacist.
  • 5-36.1-19. Severability.
  • The provisions of this chapter are severable and if any of the provisions of this chapter are held unconstitutional by any court of competent jurisdiction, the decision of that court does not affect or impair any of the remaining provisions.
  • SECTION 2. This act shall take effect upon passage. ======== LC001201/SUB A ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T RELATINGTO BUSINESSESAND PROFESSIONS - THENATUROPATHIC PHYSICIANS
  • ACT OF 2017
  • ***
  • This act would establish procedures for the licensing of naturopathic physicians, and define the practice of naturopathic medicine. The practice would include the use of botanicaland homeopathic medicines, as well as counseling and nutrition. The practice of naturopathic medicine would be subject to oversight by the director of the Rhode Island department of health.
  • This act would take effect upon passage. ======== LC001201 ========
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO BUSINESSES AND PROFESSIONS – LICENSE OF NATUROPATHY ACT
  • OF 2017
  • ***
  • This act would establish procedures for the licensing of doctors of naturopathy, who provide health care utilizing natural substance and therapies. Doctors of naturopathy would be subject to oversight by the director of the Rhode Island department of health.
  • This act would take effect upon passage. ======== LC001201/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

June 20, 2017 at 4:42pm
Yeas: 34 / Nays: 0 / Not voting: 3 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Doyle NV
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for RELATING TO BUSINESSES AND PROFE

September 19, 2017 at 2:37pm
Yeas: 69 / Nays: 0 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard NV
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca NV
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price NV
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y