46th legislature - STATE OF NEW MEXICO - first session, 2003
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO HEALTH; ENACTING THE NATUROPATHIC MEDICINE PRACTICE ACT; CREATING A BOARD; PROVIDING POWERS AND DUTIES; CREATING A FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 23 of this act may cited as the "Naturopathic Medicine Practice Act".
Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the Naturopathic Medicine Practice Act is to protect the public from the unprofessional, improper, incompetent and unlawful practice of naturopathic medicine by providing laws and rules to govern the practice of naturopathic medicine.
Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Naturopathic Medicine Practice Act:
A. "board" means the board of naturopathic medicine;
B. "doctor of naturopathic medicine" means a person licensed as a naturopathic physician to practice naturopathic medicine with the ability to practice independently, serve as a primary care provider and collaborate as necessary with other health care providers;
C. "homeopathy" means a system of medicine based on the use of infinitesimal doses of medicines capable of producing symptoms similar to those of the disease treated as listed in the homeopathic pharmacopoeia of the United States;
D. "hygiene and immunizations" means the use of such preventive techniques as personal hygiene, asepsis, public health prevention and reporting responsibilities and immunizations;
E. "medicines of mineral, animal and botanical origin" means medicines derived from animal organs, tissues and oils, minerals and plants administered orally, topically and by injection, excluding legend drugs, with the following exceptions: vitamins, minerals, natural hormones, whole gland thyroid and substances as exemplified in traditional botanical and herbal pharmacopoeia and nondrug contraceptive devices, excluding intrauterine devices;
F. "natural hormones" means plant- and glandular-derived hormones;
G. "naturopathic medicine" means a system of health care practiced by doctors of naturopathic medicine for the prevention, diagnosis and treatment of human health conditions, injuries and diseases that uses education, natural medicines, homeopathy and therapies to support and stimulate a person's intrinsic self-healing processes, including naturopathic physical medicine. "Naturopathic medicine" does not include occupational therapy as defined in Section 61-12A-3 NMSA 1978, physical therapy as defined in Section 61-12D-3 NMSA 1978 or oriental medicine as defined in Section 61-14A-3 NMSA 1978; and
H. "naturopathic physical medicine" means the use of physical agents of air, water, heat, cold, sound, light, soft tissue therapy and mobilization and therapeutic exercise in the resolution of human ailments and conditions.
Section 4. [NEW MATERIAL] SCOPE OF PRACTICE.--
A. Naturopathic medicine is the practice by a doctor of naturopathic medicine of the art and science of the diagnosis, prevention and treatment of disorders of the body by stimulation or support, or both, of the natural processes of the human body.
B. Doctors of naturopathic medicine may use for preventive and therapeutic purposes the following natural medicines and therapies: food, food extracts, certain medicines of mineral, animal and botanical origin, vitamins, minerals, natural hormones, enzymes, digestive aids, whole gland thyroid, plant substances, homeopathic preparations, topical medicines, counseling, biofeedback, dietary therapy, hygiene and immunizations, certain injections, naturopathic physical medicine, nutritional and lifestyle counseling, therapeutic devices and barrier devices for contraception.
C. Doctors of naturopathic medicine may use for diagnostic purposes physical and orifical examinations, diagnostic imaging, electrocardiograms, ultrasound, phlebotomy, clinical laboratory tests, examinations and physiological function tests.
D. Doctors of naturopathic medicine may prescribe natural hormones and contraceptive devices.
Section 5. [NEW MATERIAL] LICENSE REQUIRED.--Unless licensed as a doctor of naturopathic medicine pursuant to the Naturopathic Medicine Practice Act, a person shall not:
A. use the title or represent himself as a doctor of naturopathic medicine or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice as a doctor of naturopathic medicine; or
B. advertise, hold out to the public or represent in any manner that he is licensed to practice naturopathic medicine.
Section 6. [NEW MATERIAL] USE OF TERMS.--A person licensed pursuant to the provisions of the Naturopathic Medicine Practice Act, in advertising his services to the public, shall use the title "doctor of naturopathic medicine".
Section 7. [NEW MATERIAL] EXEMPTIONS.--
A. Nothing in the Naturopathic Medicine Practice Act is intended to limit, interfere with or prevent licensed health care professionals of any other class from practicing within the scope of their licenses, but they shall not hold themselves out to the public or any private group or business by using any title or description of services that includes the term "doctor of naturopathic medicine" unless they are licensed pursuant to the Naturopathic Medicine Practice Act.
B. The Naturopathic Medicine Practice Act does not apply to or affect the following practices if a person does not hold himself out as a doctor of naturopathic medicine:
(1) administering of gratuitous services in
cases of emergency;
(2) domestic administering of family remedies;
(3) counseling about or the teaching and demonstration of breathing and exercise techniques;
(4) counseling about or teaching of diet and
nutrition;
(5) spiritual or lifestyle counseling of a person or spiritual group, or the practice of the religious tenets of a church; or
(6) providing information about the general use of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements.
Section 8. [NEW MATERIAL] BOARD CREATED--APPOINTMENT--OFFICERS--COMPENSATION.--
A. The "board of naturopathic medicine" is created.
B. The board is administratively attached to the regulation and licensing department.
C. The board consists of five members appointed by the governor for terms of three years each. Three members of the board shall be doctors of naturopathic medicine who have been residents of and practiced naturopathic medicine in New Mexico for at least three years immediately preceding the date of their appointment. Two members shall be appointed to represent the public and shall not have practiced naturopathic medicine in this or any other jurisdiction or have any financial interest in the profession regulated. A board member shall not be the principal owner or director of an institute offering educational programs in naturopathic medicine.
D. Members of the board shall be appointed by the governor for staggered terms of three years; provided that for initial terms, two members shall be appointed for three years, two for two years and one for one year. Terms of board members shall expire on December 31. A board member shall serve until his successor has been appointed and qualified. Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
E. A board member shall not serve more than three consecutive full terms, and a board member who fails to attend three consecutive meetings, after he has received proper notice, shall be recommended for removal as a board member unless excused for reasons established by the board.
F. The board shall elect annually from its membership a chair and other officers as necessary to carry out its duties.
G. The board shall meet at least once each year and at other times deemed necessary. Other meetings may be called by the chair, a majority of board members or the governor. A simple majority of board members serving constitutes a quorum of the board.
H. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance. The board may waive any payment of per diem or mileage.
Section 9. [NEW MATERIAL] BOARD--POWERS.--The board may:
A. enforce the provisions of the Naturopathic
Medicine Practice Act;
B. adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules necessary for the implementation and enforcement of the provisions of the Naturopathic Medicine Practice Act;
C. adopt a code of ethics;
D. adopt and use a seal;
E. inspect facilities of approved educational programs, extern programs and the offices of licensees;
F. adopt rules implementing continuing education requirements for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness;
G. employ such professional and clerical assistance as necessary to carry out the powers and duties of the board;
H. issue investigative subpoenas for the purpose of investigating complaints against licensees, prior to the issuance of a notice of contemplated action;
I. administer oaths and take testimony on any matters within the board's jurisdiction;
J. conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act;
K. limit the type of license of a doctor of naturopathic medicine based upon the level of education and training; and
L. grant, deny, renew, suspend, limit or revoke licenses to practice naturopathic medicine or grant, deny, renew, suspend or revoke approvals of educational programs and extern programs in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Naturopathic Medicine Practice Act or rules of the board.
Section 10. [NEW MATERIAL] BOARD DUTIES.--The board shall:
A. establish fees;
B. provide for the examination of applicants for licensure as doctors of naturopathic medicine;
C. keep a record of all examinations held, together with the names and addresses of all persons taking the examinations, and the examination results;
D. notify each applicant, in writing, of the results of an examination within twenty-one days after the results of the examination are available to the board;
E. provide for a limited license for those seeking licensure under Section 16 of the Naturopathic Medicine Practice Act;
F. keep a licensee record in which the names, addresses and license numbers of all licensees shall be recorded together with a record of all license renewals, suspensions and revocations;
G. provide for the granting and renewal of licenses and approval of educational programs; and
H. keep an accurate record of all its meetings, receipts and disbursements.
Section 11. [NEW MATERIAL] REQUIREMENTS FOR LICENSURE.--The board shall grant a license to practice naturopathic medicine to a person who has:
A. submitted to the board:
(1) the completed application for licensure on the form provided by the board;
(2) the documentation required by the board;
(3) the required fees;
(4) an affidavit stating that the applicant
has not been found guilty of unprofessional conduct or incompetency;
(5) proof, as determined by the board, that
the applicant has completed a board-approved educational program in naturopathic medicine as provided for in the Naturopathic Medicine Practice Act and the rules of the board; and
(6) proof that he has passed the examinations
approved by the board; and
B. complied with any other requirements of the
board.
Section 12. [NEW MATERIAL] EXAMINATIONS.--The board:
A. shall establish procedures to ensure that examinations for licensure are offered at least once a year;
B. shall establish the deadline for
receipt of applications for licensure examinations and other rules relating to the taking and retaking of licensure examinations;
C. shall establish the passing grades for
its approved examinations;
D. may approve, and use as a basis for
licensure, the examinations that are used for national certification, including the naturopathic physician licensing examination;
E. shall require each qualified applicant
to pass a validated, objective written examination that covers areas that are not included in other examinations approved by the board;
F. shall require that each applicant has
graduated from a naturopathic college accredited by the council of naturopathic medical education or another accrediting agency recognized by the United States department of education;
G. may recognize a college that has the
status of candidate for accreditation with an approved accrediting agency or has been approved by the board after an investigation that determines that the college and the program meet educational standards equivalent to those established by the accrediting agency and comply with the board's rules, which shall require as a minimum a full-time resident program of academic and clinical staff; and
H. may require each qualified applicant to pass a written examination on the state laws and rules that pertain to the practice of naturopathic medicine.
Section 13. [NEW MATERIAL] REQUIREMENTS FOR TEMPORARY LICENSURE.--
A. The board may grant a temporary license until the next licensure examination to a person who:
(1) is licensed to practice naturopathic
medicine in another state, district or territory of the United States or in a foreign country and who has met all the requirements for temporary licensure, as determined by the board, to practice in New Mexico;
(2) submits the completed application for
licensure on the form provided by the board;
(3) submits the required documentation,
including proof of adequate education and training, as determined by the board;
(4) submits the required temporary licensure
application fee; and
(5) submits an affidavit stating that the
applicant has not been found guilty of unprofessional conduct or incompetence.
B. A temporary licensee may engage in only those
activities authorized on the temporary license.
C. A temporary license may be issued for a
period of time not to exceed the number of months between application and the time necessary to notify applicants of passage or failure of the next licensure examination.
D. A temporary license may be renewed one time upon
submission of:
(1) the completed application for license
renewal on the form provided by the board; and
(2) the required renewal fee.
Section 14. [NEW MATERIAL] REQUIREMENTS FOR RECIPROCAL LICENSURE.--The board may grant a license to practice naturopathic medicine to a person who is licensed as a doctor of naturopathic medicine in another state, district or territory of the United States or in a foreign country with reciprocal licensure provisions and licensure requirements similar to New Mexico and if the applicant:
A. submits the completed application for reciprocal
licensure on the form provided by the board;
B. submits the required documentation as determined
by the board;
C. submits the required fee for application for
reciprocal licensure;
D. submits an affidavit stating that the applicant
has not been found guilty of unprofessional conduct or incompetence;
E. has once passed the board-approved examination
that demonstrates his knowledge of and skill in the application of naturopathic medicine and has since maintained uninterrupted licensure; and
F. has passed a written examination on New Mexico
laws and rules that pertain to the practice of naturopathic medicine.
Section 15. [NEW MATERIAL] APPROVAL OF CONTINUING EDUCATION PROGRAMS.--The board shall establish by rule the amount of and criteria for board approval of continuing educational programs in naturopathic medicine.
Section 16. [NEW MATERIAL] TRANSITIONAL PROVISIONS.--A resident of this state who is of legal majority and who has held himself out and practiced as a naturopathic physician or doctor of naturopathic medicine prior to July 1, 2003 shall be entitled to licensure without examination and may practice naturopathic medicine within a scope of practice and limited license that reflects the limits of his training and experience as determined and approved by the board if he:
A. applies for licensure in the manner prescribed
the board on or before December 31, 2003;
B. has been a full-time resident of New Mexico for
the two preceding years before July 1, 2003;
C. derives the majority of his income from the
practice of naturopathic medicine; and
D. has at least ten years of experience in the
field of naturopathic medicine.
Section 17. [NEW MATERIAL] LICENSE RENEWAL.--
A. A licensee may renew his license annually
by submitting prior to the date established by the board:
(1) the completed application for renewal on
the form provided by the board; and
(2) the required renewal fee.
B. The board may require proof of continuing
education or other proof of competency as a requirement for
renewal.
C. A sixty-day grace period shall be allowed for
each licensee after the end of the licensing period, during which time the license may be renewed by submitting:
(1) the completed application for renewal on
the form provided by the board;
(2) the required renewal fee; and
(3) the required late fee.
D. A license not renewed at the end of the grace
period shall be considered expired and the licensee shall not be eligible to practice within the state. For reinstatement of an expired license within one year of the date of renewal, the board may establish requirements or fees in addition to the renewal fee or may require the former licensee to reapply as a new applicant.
Section 18. [NEW MATERIAL] FEES.--The board shall establish a schedule of reasonable nonrefundable fees not to exceed the following amounts:
A. application for licensure, one thousand dollars
($1,000);
B. application for reciprocal licensure, eight
hundred fifty dollars ($850);
C. application for temporary licensure, five
hundred dollars ($500);
D. examination, not including the cost of any
nationally recognized examination, four hundred dollars ($400);
E. annual license renewal, one thousand dollars
($1,000);
F. late license renewal, two hundred dollars ($200);
G. expired license renewal, one thousand two
hundred dollars ($1,200);
H. temporary license renewal, five hundred dollars
($500);
I. annual continuing education provider
registration, four hundred dollars ($400); and
J. reasonable fees for necessary administrative
expenses.
Section 19. [NEW MATERIAL] DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW--APPLICATION OF UNIFORM LICENSING ACT.--
A. In accordance with the procedures contained in
the Uniform Licensing Act, the board may deny, revoke or suspend any permanent or temporary license held or applied for under the Naturopathic Medicine Practice Act, upon findings by the board that the licensee or applicant:
(1) is guilty of fraud or deceit in procuring
or attempting to procure a license;
(2) has been convicted of a felony. A
certified copy of the record of conviction shall be conclusive evidence of such conviction;
(3) is guilty of incompetence as defined by
board rule;
(4) is habitually intemperate or is addicted
to the use of habit-forming drugs or is addicted to any vice to such a degree as to render him unfit to practice as a doctor of naturopathic medicine;
(5) is guilty of unprofessional conduct, as
defined by board rule;
(6) is guilty of a violation of the
Controlled Substances Act;
(7) has violated a provision of the
Naturopathic Medicine Practice Act or rules promulgated
by the board;
(8) is guilty of failing to furnish the board,
its investigators or representatives with information requested by the board;
(9) is guilty of willfully or negligently
practicing beyond the scope of naturopathic medicine;
(10) is guilty of aiding or abetting the
practice of naturopathic medicine by a person not licensed
by the board;
(11) is guilty of practicing or attempting to
practice under an assumed name;
(12) advertises by means of knowingly false
statements;
(13) advertises or attempts to attract
patronage in an unethical manner prohibited by the Naturopathic Medicine Practice Act or the rules of the board;
(14) has been declared mentally incompetent by
regularly constituted authorities;
(15) has had a license, certificate or
registration to practice as a doctor of naturopathic medicine revoked, suspended or denied in any jurisdiction of the United States or a foreign country for actions of the licensee
similar to acts described in this subsection. A certified copy of the record of the jurisdiction taking such disciplinary action will be conclusive evidence thereof; or
(16) fails, when diagnosing and treating a
patient, to possess or apply the knowledge or to use the skill and care ordinarily used by reasonably well-qualified doctors of naturopathic medicine practicing under similar circumstances, giving due consideration to the locality involved.
B. Disciplinary proceedings may be instituted by
any person, shall be by sworn complaint and shall conform with
the provisions of the Uniform Licensing Act. Any party to the hearing may obtain a copy of the hearing record upon payment of the cost of the copy.
C. Any person filing a sworn complaint shall be
immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.
D. The licensee shall bear the costs of
disciplinary proceedings unless exonerated.
Section 20. [NEW MATERIAL] FUND CREATED.--
A. The "board of naturopathic medicine fund" is
created in the state treasury.
B. All money received by the board pursuant to the
Naturopathic Medicine Practice Act shall be deposited with the state treasurer for credit to the board of naturopathic medicine fund. The state treasurer shall invest the fund as other state funds are invested, and income from investment of the fund shall be credited to the fund. All balances in the fund shall remain in the fund and shall not revert to the general fund.
C. The fund shall be administered by the board, and
money in the fund is appropriated to the board and shall be used only to meet the necessary expenses incurred in carrying out the provisions of the Naturopathic Medicine Practice Act.
Section 21. [NEW MATERIAL] PENALTIES.--Any person who violates any provision of the Naturopathic Medicine Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 31-19-1 NMSA 1978.
Section 22. [NEW MATERIAL] CRIMINAL OFFENDER EMPLOYMENT ACT.--The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Naturopathic Medicine Practice Act.
Section 23. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board of naturopathic medicine is terminated on July 1, 2009 pursuant to the Sunset Act. The board shall continue to operate according to the Naturopathic Medicine Practice Act until July 1, 2010. Effective July 1, 2010, the Naturopathic Medicine Practice Act is repealed.
Section 24. Section 61-6-17 NMSA 1978 (being Laws 1973, Chapter 361, Section 8, as amended) is amended to read:
"61-6-17. EXCEPTIONS TO ACT.--The Medical Practice Act shall not apply to or affect:
A. gratuitous services rendered in cases of emergency;
B. the domestic administration of family remedies;
C. the practice of midwifery as regulated in this state;
D. commissioned medical officers of the armed forces of the United States and medical officers of the United States public health service or the veterans administration of the United States in the discharge of their official duties or within federally controlled facilities; provided that such persons who hold medical licenses in New Mexico shall be subject to the provisions of the Medical Practice Act and provided that all such persons shall be fully licensed to practice medicine in one or more jurisdictions of the United States;
E. the practice of medicine by a physician, unlicensed in New Mexico, who performs emergency medical procedures in air or ground transportation on a patient from inside of New Mexico to another state or back, provided the physician is duly licensed in that state;
F. the practice, as defined and limited under their respective licensing laws, of:
(1) osteopathy;
(2) dentistry;
(3) podiatry;
(4) nursing;
(5) optometry;
(6) psychology;
(7) chiropractic;
(8) pharmacy;
(9) acupuncture and oriental medicine; [or]
(10) physical therapy; or
(11) naturopathic medicine;
G. any act, task or function performed by a physician assistant at the direction of and under the supervision of a licensed physician, when:
(1) the assistant is registered and has biennially renewed his registration with the board as one qualified by training or experience to function as an assistant to a physician;
(2) the act, task or function is performed at the direction of and under the supervision of a licensed physician in accordance with rules promulgated by the board; and
(3) the acts of the physician assistant are within the scope of duties assigned or delegated by the supervising licensed physician and the acts are within the scope of the assistant's training;
H. any act, task or function of laboratory technicians or technologists, x-ray technicians, nurse practitioners, medical or surgical assistants or other technicians or qualified persons permitted by law or established by custom as part of the duties delegated to them by:
(1) a licensed physician or a hospital, clinic or institution licensed or approved by the public health division of the department of health or an agency of the federal government; or
(2) a health care program operated or financed by an agency of the state or federal government;
I. a properly trained medical or surgical assistant or technician or professional licensee performing under the physician's employment and direct supervision or a visiting physician or surgeon operating under the physician's direct supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician, the act can be properly and safely performed in its customary manner and if the person does not hold himself out to the public as being authorized to practice medicine in New Mexico. The delegating physician shall remain responsible for the medical acts of the person performing the delegated medical acts;
J. the practice of the religious tenets of any church in the ministration to the sick or suffering by mental or spiritual means as provided by law; provided that the Medical Practice Act shall not be construed to exempt any person from the operation or enforcement of the sanitary and quarantine laws of the state;
K. the acts of a physician licensed under the laws of another state of the United States who is the treating physician of a patient and orders home health or hospice services for a resident of New Mexico to be delivered by a home and community support services agency licensed in this state; provided that any change in the condition of the patient shall be physically reevaluated by the treating physician in the treating physician's jurisdiction or by a licensed New Mexico physician;
L. a physician licensed to practice under the laws of another state who acts as a consultant to a New Mexico-licensed physician on an irregular or infrequent basis, as defined by rule of the board; and
M. a physician who engages in the informal practice of medicine across state lines without compensation or expectation of compensation; provided that the practice of medicine across state lines conducted within the parameters of a contractual relationship shall not be considered informal and is subject to licensure and regulation by the board."
Section 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003