HB2312 HD1.DOC

SECTION 1. Chapter 455, Hawaii Revised Statutes, is amended as follows:

1. By adding a new section to be appropriately designated and to read:

"§455- Naturopathic formulary board. (a) The department shall establish a naturopathic formulary board that complies with the standards established by this section. The board shall consist of six members appointed by the director of commerce and consumer affairs, as follows:

(1) Two persons licensed as naturopathic physicians under this chapter;

(2) Two persons licensed as pharmacists under chapter 461; and

(3) Two persons licensed as physicians under chapter 453.

Each member shall serve until the member's successor is appointed and qualified. A majority of the members of the naturopathic formulary board shall be employed in at least a half-time capacity as practitioners in the fields of their respective licensure during their tenure on the board. The members of the board may elect a chairperson and a vice-chairperson who shall each serve one year or until a successor is elected.

(b) The naturopathic formulary board shall establish a naturopathic formulary for the practice of naturopathic medicine; provided that the board shall develop standards for review that have been approved by a majority of the board prior to establishing a naturopathic formulary. The naturopathic formulary board shall meet at least once every two calendar years to review and update the naturopathic formulary. Naturopathic formularies established and updated pursuant to this subsection shall be consistent with naturopathic medical practice.

2. By amending section 455-1 to read:

"§455-1 Definitions. As used in this chapter:

"Behavioral medicine" means therapy techniques including biofeedback, relaxation training, hypnosis, mindfulness-based stress reduction, and cognitive therapy.

"Board" means the board of naturopathic medicine.

"Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic medical practice, taking of health history, physical examination, radiography, laboratory medicine, and obtaining samples of human tissue as authorized as a minor office procedure.

"Department" means the department of commerce and consumer affairs.

"Diagnosis" means using all recognized and accepted physical and laboratory diagnostic procedures including the taking of blood for diagnostic purposes.

"Disaster condition" means a sudden catastrophic event that overwhelms public order, causes loss of property or life, and exceeds or disrupts the capabilities of available medical resources to provide medical care within a community.

"Homeopathic" means minute doses of substances that have been highly diluted and shaken according to standardized pharmaceutical methods.

"Hygiene and immunization" means the use of preventative techniques including personal hygiene, asepsis, public health, and, to the extent allowed by rule, immunizations.

["~~Legend drug" means any drug falling within section 503(b)(1) of the federal Food, Drug and Cosmetic Act and which is required to be labeled with the statement "Rx only".~~]

"Manual manipulation" or "mechanotherapy" means manipulation of a part or the whole of the body by hand or mechanical means.

"Minor office procedures" means care and procedures relative to superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures not including the eye; and the topical and parenteral use of substances consistent with the practice of naturopathic medicine, in accordance with rules established by the board.

"Naturopathic formulary" means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, and hormones[~~, and those legend drugs~~] consistent with naturopathic medical practice.

"Naturopathic medicine" means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body. The practice of naturopathic medicine includes the prescription, administration, dispensing, and use of nutrition and food science, physical modalities, manual manipulation, parenteral therapy, minor office procedures, naturopathic formulary, hygiene and immunization, contraceptive devices, common diagnostic procedures, and behavioral medicine of the type taught in education and training at naturopathic medical colleges; provided that the use of parenteral therapy and performance of minor office procedures shall not be allowed until the board adopts rules in accordance with chapter 91 pursuant to section 455-6."

"Naturopathic physician" means a person who holds a current license issued under this chapter to practice naturopathic medicine.

"Nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of diet.

"Parenteral therapy" means the administration of substances by means other than through the gastrointestinal tract, including intravenous, subcutaneous and intramuscular injection.

"Physical modalities" means use of physical, chemical, electrical, and other means, including but not limited to heat, cold, air, light, including lasers, water in any of its forms, sound, massage, and therapeutic exercise.

"Radiography" means the ordering of radiographic diagnostic and other imaging studies, including but not limited to computed tomography scans, x-rays, magnetic resonance imaging, positron emission tomography scans, and ultrasounds. The term also means and includes the taking and interpreting of x-rays."

3. By amending section 455-6 to read:

"§455-6 Powers and authority of the board. In addition to any other powers and duties authorized by law, the board may:

(1) Adopt and use a seal to be affixed to all official acts of the board;

(2) Adopt, amend, or repeal rules in accordance with chapter 91 to carry out the purposes of this chapter; provided that all rules shall be approved by the governor and the director of commerce and consumer affairs; and provided further that the rules:

(A) May forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(B) Shall establish standards of practice, care, and ethics; and

(C) Shall establish the education and training requirements for parenteral therapy and the standards to administer parenteral therapy, and establish examination standards and require the passage of an examination on minor office procedures, which standards and requirements shall take effect after December 31, 2009;

(3) Develop standards for licensure;

(4) Issue, renew, suspend, and revoke licenses and fine licensees;

(5) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;

(6) Maintain a record of its proceedings;

(7) [~~Annually establish and~~] Biannually publish a naturopathic formulary that has been established by the naturopathic formulary board as provided under section 455- and approved by the board for prescription, administration, or dispensing by naturopathic physicians; and

(8) Do all things necessary to carry out the functions, powers, and duties set forth in this chapter."

4. By amending subsection (a) in section 455-11 to read:

"(a) In addition to any other actions authorized by law, the board shall have the power to deny, revoke, suspend, or refuse to renew any license to practice naturopathic medicine applied for or issued by the board in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:

(1) Procuring, or aiding or abetting in procuring, a criminal abortion;

(2) Employing any person to solicit patients;

(3) Obtaining a fee on the assurance that a manifestly incurable disease can be permanently cured;

(4) Betraying a patient's confidence;

(5) Making any untruthful and improbable statement in advertising one's naturopathic practice or business;

(6) False, fraudulent, or deceptive advertising;

(7) Being habituated to the excessive use of drugs or alcohol; or being addicted to, dependent on, or an habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;

(8) Practicing naturopathic medicine while the ability to practice is impaired by alcohol, drug, physical disability, or mental instability;

(9) Procuring a license through fraud, misrepresentation, or deceit or knowingly permitting an unlicensed person to perform activities requiring a license;

(10) Professional misconduct or gross carelessness or manifest incapacity in the practice of naturopathic medicine;

(11) Conduct or practice contrary to recognized standard of ethics of the naturopathic profession;

(12) Using medical service or treatment which is inappropriate or unnecessary;

(13) Submitting to or filing with the board any notice, statement, or other document required under this chapter which is false or untrue or contains any material misstatement of fact;

(14) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;

(15) Using the title "physician" without clearly identifying oneself as being a naturopathic physician;

(16) Prescribing, administering, and dispensing naturopathic formulary that are not included in the formulary [~~established~~] approved by the board under section 455-6; and

(17) Violation of any provision of this chapter or rules adopted under this chapter."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	2312
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII