2021 -- H 5900

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LC001742

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSE OF NATUROPATHY ACT

OF 2017

     Introduced By: Representatives Shanley, Tanzi, Morales, Vella-Wilkinson, Craven,
Barros, Casimiro, and Amore

     Date Introduced: February 24, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-36.1-5, 5-36.1-10, 5-36.1-12, 5-36.1-15 and 5-36.1-18 of the

General Laws in Chapter 5-36.1 entitled "License of Naturopathy Act of 2017" are hereby amended

to read as follows:

     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 healthcare 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)(9) Practice naturopathy in this state without a valid license issued in accordance with

this chapter; or

     (11)(10) Use, in connection with the person's name, any letters, words, or insignia

indicating or implying that the person is a naturopathic doctor of naturopathy , under this chapter,

unless the person is licensed in accordance with this chapter. A person licensed under this chapter

may use the designation "DN" for doctor of naturopathy.

     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 that

violate the provisions of this chapter. The board shall investigate all persons and agencies engaging

in practices that violate the provisions in this chapter.

     (b) The board shall conduct hearings of a nondisciplinary 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. Said rules and regulations shall refer to the persons licensed under this chapter as

naturopathic doctors and shall not require a written collaboration and consultation agreement with

a physician licensed under chapter 37 of title 5.

     (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.

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     (h) The board shall approve programs for continuing naturopathic education.

     5-36.1-12. Qualifications for licensure.

     To be eligible for licensure as a naturopathic doctor of naturopathy, under this chapter, an

applicant shall satisfy all the following:

     (1) Have been granted a degree of naturopathic doctor of naturopathy, under this chapter,

from an approved naturopathic naturopathy college or university;

     (2) Be physically and mentally fit to practice naturopathy naturopathic medicine 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 this title. 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 healthcare 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.

     5-36.1-15. 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 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 naturopathic 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;

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     (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 naturopathic medicine in an area or areas of specialty in which

the licensee is not trained to practice.

     5-36.1-18. Informed consent and disclosure.

     Prior to initiating treatment by a naturopathic doctor of naturopathy, under this chapter,

each patient must read and sign a disclosure statement containing the following information:

     (1) Rhode Island does not recognize naturopathic doctors of naturopathy, under this

chapter, as primary-care providers and a naturopathic doctor of naturopathy, under this chapter, 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

naturopathic doctors of naturopathy shall coordinate patient care with physicians and other

healthcare 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 Naturopathic doctors are not licensed to prescribe drugs or to

advise patients regarding prescription drugs beyond possible dietary supplement/herb --

prescription drug interactions. All questions and changes to regarding prescription medications

should be directed to the prescriber or to the patient's primary-care provider or licensed registered

pharmacist.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSE OF NATUROPATHY ACT

OF 2017

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     This act would amend the statute that provides for the licensing of naturopaths to reflect

current practice and terminology and would eliminate collaboration and consultation agreements.

     This act would take effect upon passage.

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