2005 House Bill text for HB0921

HOUSE BILL 921

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Thomas C. Taylor

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. SHORT TITLE.-This act may be cited as the "Naturopathic Medicine Practice Act".

Section 2. LEGISLATIVE 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. DEFINITIONS.--As used in the Naturopathic Medicine Practice Act:

A. "board" means the board of naturopathic medicine;

B. "department" means the regulation and licensing department;

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 non-drug contraceptive devices, excluding intrauterine devices;

F. "natural hormones" means plant- and glandular-derived hormones;

G. "naturopathic doctor" means a person licensed by the board to practice naturopathy pursuant to the Naturopathic Medicine Practice Act, with the ability to practice independently, serve as a primary care provider and collaborate as necessary with other health care providers. Synonymous terms for naturopathic doctor include naturopathic diplomate, doctor of philosophy in naturopathy, doctor of naturopathic medicine and ND;

H. "naturopathic medical doctor" means a person licensed by the board who may assume specific functions or perform specific procedures that are beyond the basic preparation for the professional practice by a "naturopathic doctor" provided the education and skills required to perform the functions or procedures emanate from a recognized body of knowledge or practice of advanced naturopathy. When assuming specific functions or performing specific procedures that are beyond the naturopathic doctor's basic educational preparation, the naturopathic doctor is responsible for obtaining the appropriate education, skills and supervision to assure that the naturopathic doctor can perform the function or procedure safely and competently through a course of certification or licensure as provided in Sections 13 and 14 of the Naturopathic Medicine Practice Act;

I. "naturopathic medicine" means a system of health care practiced by naturopathic doctors for the prevention, assessment and evaluation 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.

J. "naturopathic physical medicine" means the use of physical agents of air, water, heat, cold, sound, light, soft tissue therapy and joint mobilization and therapeutic exercise in the resolution of human ailments and conditions; and

K. "naturopathic school" means a facility that provides an educational program in naturopathic training that is registered with the board of naturopathic medicine or licensed with the commission on higher education or its equivalent.

Section 4. SCOPE OF PRACTICE.--

A. Naturopathic medicine is the practice by a naturopathic doctor of the art and science of the assessment and evaluation, prevention and treatment of disorders of the body by stimulation or support, or both, of the natural processes of the human body.

B. Naturopathic doctors 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 naturopathic physical medicine, nutritional and lifestyle counseling, therapeutic devices, barrier devices for contraception and noninvasive physical examinations.

C. Naturopathic medical doctors may use for diagnostic purposes physical and orifical examinations, diagnostic imaging, electrocardiograms, ultrasound, clinical laboratory tests, examinations and physiological function tests.

D. A naturopathic medical doctor may assume specific functions and perform specific procedures that are beyond the basic preparation for the professional practice by a naturopathic doctor.

E. A naturopathic medical doctor may assume an expanded practice authority for specific functions and perform specific procedures beyond the basic preparation for the professional practice by a naturopathic doctor by obtaining the appropriate education, skills and supervision to ensure to the board's satisfaction the ability to perform those functions and procedures safely and competently through a course of certification or licensure as provided in Sections 13 and 14 of the Naturopathic Medicine Practice Act.

Section 5. LICENSE REQUIRED.--Unless licensed pursuant to the Naturopathic Medicine Practice Act, a person shall not:

A. advertise, hold out to the public or represent in any manner that the person is licensed to practice naturopathic medicine in the state; or

B. maintain, manage or operate a naturopathic school offering education, instruction or training in naturopathy unless the school is a registered naturopathic school.

Section 6. USE OF TERMS.--A person licensed pursuant to the provisions of the Naturopathic Medicine Practice Act, in advertising services to the public, shall use the title "naturopathic doctor" or the designation of "ND". A person licensed pursuant to the provisions of the Naturopathic Medicine Practice Act as a naturopathic medical doctor may use the title "naturopathic medical doctor" or "NMD" in advertising services to the public.

Section 7. EXEMPTIONS.--

A. Nothing in the Naturopathic Medicine Practice Act is intended to limit, interfere with or prevent the following licensed health care professionals of any other class from practicing within the scope of their licenses:

(1) osteopathy;

(2) dentistry;

(3) podiatry;

(4) nursing;

(5) optometry;

(6) psychology;

(7) chiropractic;

(8) pharmacy;

(9) acupuncture and Oriental medicine;

(10) massage therapy;

(11) physical therapy; or

(12) midwifery.

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;

(6) providing information about the general use of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements;

(7) 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;

(8) 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;

(9) any act, task or function performed by a physician assistant, at the direction of and under the supervision of a licensed physician, when:

(a) the assistant is registered and has renewed his registration with the board as one qualified by training or experience to function as an assistant to a physician;

(b) 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 New Mexico medical board; and

(c) 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;

(10) 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:

(a) 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

(b) a health care program operated or financed by an agency of the state or by the federal government;

(11) 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;

(12) 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;

(13) 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;

(14) 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;

(15) a person who provides natural health care services, but who is not licensed, certified, or registered under any other provision of law relating to the healing arts shall not be in violation of any law relating to the healing arts, unless the person:

(a) performs surgery or any other procedure that punctures the skin of any person;

(b) prescribes or administers x-ray radiation to any person;

(d) recommends to any person the discontinuance of a legend drug or controlled substance prescribed by a licensed health care practitioner;

(e) willfully diagnoses or treats a physical or mental health condition of any person and in so doing causes significant bodily injury, significant physical or mental illness or death; or

(f) holds out, states, indicates, advertises or implies to any person that he is licensed, certified or registered under any law relating to the healing arts in this state;

(16) any person providing health care services who is not licensed, certified or registered under any other provision of law relating to the healing arts prior to providing such services, must disclose to the client in a plainly worded written statement:

(a) the fact that he is not licensed, certified or registered under any provision of law relating to the healing arts by this state;

(b) the nature of the services to be provided and the theory upon which the services are based; and

(c) the degrees, training, experience, credentials or other qualifications of the practitioner regarding the health care services being provided. A person who violates any provision of this subsection is subject to administrative, civil and criminal penalties, including, but not limited to, court costs, reasonable attorney fees and the reasonable costs of investigation and prosecution; and

(17) any person providing health care services who is not licensed, certified or registered under any other provision of law relating to the healing arts by this state shall:

(a) obtain a written acknowledgment from the client stating that the client has been provided with the information described in this subsection, which must be maintained for two years by the person providing the services. The client shall be provided with a copy of this written acknowledgment; and

(b) state in any advertisement for such services that the person providing health care services is not licensed, certified or registered under any other provision of law relating to the healing arts by this state. A person who violates any provision of this subsection is subject to civil penalties, including, but not limited to, court costs, reasonable attorney fees and the reasonable costs of investigation and prosecution.

Section 8. 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 be residents of New Mexico. A list of names shall be submitted jointly by New Mexico state professional organizations or a jointly authorized governing body, council or committee for the governor's consideration.

D. Members will be appointed 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 June 30. A board member shall serve until a 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 two consecutive full terms and a board member who fails to attend three consecutive meetings, after receiving 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. Other meetings may be called by the chair, a majority of board members or the governor. A simple majority of board members 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. BOARD--POWERS AND DUTIES.--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 and use a seal;

D. adopt rules implementing continuing education requirements;

E. administer oaths and take testimony on any matters within the board's jurisdiction;

F. conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license or the supervision or admonition of a licensee, in accordance with the Uniform Licensing Act;

G. issue "specialty" or "certificate of qualification" documents in a variety of specialized fields or areas of study and practice related to naturopathic medicine based upon the level of education and training;

H. grant, deny, renew, suspend, limit or revoke licenses to practice naturopathic medicine;

I. provide for the examination of applicants for licensure as naturopathic doctors and naturopathic medical doctors and establish and collect fees for them;

J. keep a record of all examinations held, together with the names and addresses of all persons taking the examinations, and the examination results;

K. 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;

L. provide for "grandfather" licenses for those seeking licensure under Section 10 of the Naturopathic Medicine Practice Act for one year;

M. 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;

N. provide for the granting and renewal of licenses;

O. keep an accurate record of all its meetings, receipts and disbursements; and

P. hold meetings that shall be open to the public, including executive sessions or sessions that consider the efficacy of a complaint filed against a licensee for any reason.

Section 10. GRANDFATHER LICENSE AND REQUIREMENTS FOR LICENSURE.--

A. For a period of one year after the effective date of this act, the board shall grant a license to practice naturopathic medicine to a person who has submitted to the board proof that the person has earned a diploma or a degree as a naturopathic doctor or naturopathic medical doctor and has completed the application for licensure on a form provided by the board, specifically designed to carry out the grandfathering provision of this act, and paid a fee of three hundred fifty dollars ($350). The board:

(1) shall not restrict or prohibit the grandfather license of any individual seeking to assert a right to be licensed through this provision;

(2) shall designate explanatory language on the application as informational only; and

(3) shall deny, revoke or refuse to issue a license to practice naturopathic medicine or any specialty or certificate of qualification under this section on grounds set forth in this section, that has occurred or in which the applicant has been found guilty of, within the past five years or for which the applicant has been pardoned or such verdict has been reversed on appeal or is in the process of appeal.

B. The board shall grant a license to practice naturopathic medicine to a person who submitted in a timely manner, unless the person complies with the requirements of Subsection A of this section:

(1) the completed application for licensure on the form provided by the board;

(2) all documentation required by the board;

(3) the required fees;

(4) proof that the applicant has completed an educational program leading to the degree of naturopathic doctor or naturopathic medical doctor; and

(5) proof that the applicant has passed the examination required by the board.

Section 11. EXAMINATIONS.--The board shall:

A. establish procedures to ensure that examinations for licensure are offered at least once a year;

B. establish the deadline for receipt of applications for licensure examinations and other rules relating to the taking and retaking of licensure examinations;

C. establish the passing grades for its approved examinations; and

D. require that each applicant has received a degree of naturopathic doctor or naturopathic medical doctor.

Section 12. REQUIREMENTS FOR TEMPORARY AND RECIPROCAL LICENSURE.--

A. The board may grant a temporary license until the next licensure examination or a reciprocal license to a person who:

(1) is licensed to practice naturopathy 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 or a reciprocal license, 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; and

(4) submits the required temporary or reciprocal licensure application fee of three hundred fifty dollars ($350).

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. No more than one temporary license may be issued to an individual, and no temporary license shall be issued to an applicant who has previously failed the examinations.

Section 13. SPECIALTIES OR CERTIFICATE OF QUALIFICATION REQUIREMENTS.--

A. The board shall grant or issue a license to practice a specialty or certificate of qualification in a variety of specialized fields or areas of study and practice related to naturopathic medicine to a person who:

(1) submits the completed application for license to practice a specialty or for the issuance of a certificate of qualification on the form provided by the board;

(2) submits the required documentation that the applicant has completed an educational program leading to the specialty or certificate of qualification applied for to the board;

(3) shall require each qualified applicant to pass a validated, objective written examination that covers areas categorized as a specialty or certificate of qualification in a variety of specialized fields or areas of study and practice related to naturopathic medicine; and

(4) submits the required fee for license to practice a specialty or for the issuance of a certificate of qualification on the form provided by the board.

B. A licensee having been issued a license to practice a specialty or a certificate of qualification may engage in only those activities authorized on the specialty or certificate of qualification license.

C. The board must accept all like or substantially similar courses of study leading to the specialty or certificate of qualification without regard to, and without showing bias or favoritism to, any specific accrediting agency, college, university, school or institution in any state, national or foreign jurisdiction or location or having been offered by any other professional school, postgraduate course of education or study or continuing education seminar offered by any other profession such as medicine, osteopathy, chiropractic, acupuncture, midwifery, dentistry, podiatry, nursing, optometry, psychology, pharmacy, Oriental medicine, physical therapy, massage therapy, physiotherapy, thermography, radiologic technology, electromagnetic evaluation or any other established healing arts practice.

Section 14. EXPANDED PRACTICE AUTHORITY CERTIFICATION AND CERTIFICATES OF QUALIFICATION.--The board shall certify a licensee in good standing for expanded practice authority as provided herein and issue certificates of proficiency to practice in each area of advanced training.

A. The licensee shall file a completed and signed application form provided by the board and shall pay the administrative fee for expanded prescriptive authority application and for each certification specified as follows.

B. The licensee shall submit proof of completion of education, satisfactory to the board, in the pharmacology and general use of the drugs authorized for use under the expanded practice authority provisions of Sections 4, 13 and 14 of the Naturopathic Medicine Practice Act. Such education shall have been earned in classes preapproved by the board and shall be taught by qualified teachers as approved by the board. The education in the therapeutic use of drugs shall be taught by a licensed health care practitioner with appropriate training and a minimum of five years experience prescribing the drugs.

C. The board shall have final authority for approval of classes and teachers. All classes may be video-recorded and transcribed for approval by the board for future presentation to the class. Testing shall be administered as approved by the board to ensure that the material presented in the classes has been learned. Certification for each area of education shall be issued by the board and need not be completed within any time requirement for licensees who wish to be certified in the expanded practice authority. Licensees who wish to be certified in the expanded practice authority shall be educated to such a level of knowledge, understanding, skill and expertise that they shall be able to evaluate the material, have a deep grasp of the application of it in various settings and be able to generate new thinking about the subject matter. They shall be required to demonstrate their skill in performing the necessary tasks and documenting the outcomes in writing. The education shall be in addition to the education required to meet the minimum educational program requirements for licensure as a practitioner of naturopathic medicine.

D. The education shall include a minimum of one hundred seventy hours in the following areas:

(1) five hours of cardiopulmonary resuscitation and first aid;

(2) fifteen hours of orthopedic and fifteen hours in neurological evaluation;

(3) fifteen hours in the use of oxygen therapeutically;

(4) fifteen hours in non-internal chelation therapy using vitamins, natural substances, amino acids and those substances used for chelation therapy;

(5) thirty hours in: anatomy, physiology, endocrinology, pathology, biochemistry, pharmacology, clinical strategies, contraindications, safeguards and specialist referral;

(6) fifteen hours in clinical laboratory testing including, but not limited to, blood, urine and saliva and hormone diagnostic testing and evaluation and physiological function tests;

(7) fifteen hours in differential diagnosis relative to the prescription or administration of drugs or vaccines authorized by the board;

(8) five hours in the pharmacology, application and clinical use of cosmetics and over-the-counter drugs;

(9) two hours in the pharmaceutical law as provided by the board of pharmacy;

(10) two hours in naturopathic medicine scope of practice;

(11) thirty hours in electrocardiograms, ultrasound imaging, diagnostic imaging and thermography;

(12) thirty hours in gynecological and obstetrical examinations, including the use of therapeutic devices and barrier devices for contraception, with the first eleven classes being prerequisites; and

(13) thirty hours of diagnostic radiology and radiologic technology.

E. The education and training completed by a naturopathic medical doctor who is certified for any of the areas listed in Subsection D of this section may be credited towards the education required for expanded practice authority certification.

F. Any other education may be considered, authorized, certified and required by the board as new modalities appear.

Section 15. NATUROPATHIC SCHOOLS, SPECIALTY OR CERTIFICATE OF QUALIFICATION PROGRAMS AND CONTINUING EDUCATION HOURS.--

A. The board shall establish by rule procedures for the registration of naturopathic schools and shall register naturopathic schools that meet the requirements of the Naturopathic Medicine Practice Act, the rules adopted by the board pursuant to that act and is licensed by the commission of higher education.

B. The board shall approve all naturopathic schools that provide an educational program that includes a minimum of one thousand five hundred class hours or ninety semester credits of training and may include, but is not limited to, instruction in:

(1) anatomy, physiology and pathology;

(2) nutritional information that may include: food, food extracts, dietary therapy and nutritional counseling;

(3) medicines of mineral, animal and botanical origin that may include: vitamins, minerals, plant substances, homeopathic preparations, topical medicines, natural hormones, enzymes, digestive aids and whole gland thyroid;

(4) naturopathic physical medicine, massage, bodywork and hygiene;

(5) counseling, biofeedback and lifestyle counseling;

(6) business, including ethics;

(7) hydrotherapy;

(8) first aid and cardiopulmonary resuscitation; and

(9) naturopathic examination and diagnosis.

C. The board shall establish by rule the amount of annual or biannual continuing education hours required for license renewal and the requirements for specialty or certificate of qualification programs in naturopathic medicine, without showing bias or favoritism to any specific accrediting agency, college, university, school or institution in any state, national or foreign jurisdiction or location or having been offered by any other professional school, postgraduate course of education or study or continuing education seminar offered by any other profession such as medicine, osteopathy, chiropractic, acupuncture, midwifery, dentistry, podiatry, nursing, optometry, psychology, pharmacy, Oriental medicine, physical therapy, massage therapy, thermography, radiologic technology, electromagnetic evaluation or any other established healing arts practice. All continuing education programs offered by any state, national or international naturopathic associations are automatically approved.

D. No favoritism may be given for "in house" versus "computer", "internet" or "distance learning" or any other type of educational offering in the establishment of educational requirements to obtain a license to practice naturopathic medicine, requirements for license renewal or for the requirements for a "specialty" or a "certificate of qualification".

Section 16. LICENSE RENEWAL.--

A. A licensee shall renew a 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 required 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 required the former licensee to reapply as a new applicant. The board may extend the reinstatement period and fees in extenuating circumstances, to be determined on a case by case basis.

Section 17. FEES.--The board shall establish by rule a schedule of reasonable fees for applications, examinations, licenses, registrations, inspections, renewals, penalties, reactivation and necessary administrative fees, but no single fee shall exceed five hundred dollars ($500). All fees collected shall be deposited in the naturopathic medical fund.

Section 18. 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, except those applied for under the grandfathering provisions found in that 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;

(3) is guilty of incompetence;

(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 the licensee or the applicant unfit to practice as a naturopathic medical doctor or naturopathic doctor;

(5) is guilty of violation of the Controlled Substances Act;

(6) has violated a provision of the Naturopathic Medicine Practice Act or rules promulgated by the board;

(7) is guilty of willfully or negligently practicing beyond the scope of naturopathic medicine;

(8) is guilty of aiding or abetting the practice of naturopathic medicine by a person not licensed by the board;

(9) has been declared mentally incompetent by regularly constituted authorities; or

(10) has had a license, certificate or registration to practice as a naturopathic medical doctor or naturopathic doctor revoked, suspended or denied in a jurisdiction of the United States or a foreign country for actions of the licensee similar to acts described in this subsection only after the licensee or applicant has been given a full hearing and determination is made that the grounds on which the suspension or revocation was imposed was true, correct and on valid grounds.

B. In all cases the board shall conduct a hearing to determine whether conviction or findings require revocation, suspension, supervision or admonition.

C. Disciplinary proceedings instituted by any person shall be sworn complaint and shall conform with the provisions of the Uniform Licensing Act. A party to the hearing may obtain a copy of the hearing record upon payment of the cost of the copy.

D. A 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 malice. For purposes of this section, "absence of malice" means that the complaining party knows or should know that all elements in the complaint are truthful in every way and not motivated by personal, political or professional dislike or prejudice against the naturopathic doctor or naturopathic medical doctor against whom the complaint is being filed.

E. The licensee shall bear the costs of disciplinary proceedings unless exonerated. The board shall bear the costs of the licensee's legal fees, expenses and costs if the licensee is exonerated.

Section 19. FUND CREATED.--

A. The "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 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 to meet the necessary expenses incurred in carrying out the provisions of the Naturopathic Medicine Practice Act. Money in the fund shall be expended upon warrants required by the secretary of finance and administration upon receipt of vouchers from the superintendent of regulation and licensing.

Section 20. PENALTIES.--A person who violates a 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 21. CRIMINAL OFFENDER EMPLOYMENT ACT.--The provisions of the Criminal Offender Employment Act shall govern consideration of criminal records required or permitted by the Naturopathic Medicine Practice Act.

Section 22. 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 23. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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