Naturopathy licensing board.

2018
STATE OF WYOMING
18LSO-0409
Numbered
1.2

HOUSE BILL

NO.
HB0151

Naturopathy licensing board.

Sponsored by:
Representative(s) Hunt and Senator(s) Anselmi-Dalton and Baldwin

A BILL

for

AN ACT relating to professions and occupations; establishing a naturopathy licensing board; providing for naturopathy licensing; providing procedures for licensure suspension and revocation; creating an account; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
50
‑
1
01

through
33
‑
50
‑
11
6
are
creat
ed to read:

CHAPTER 5
0
NATUROPATHY LICENSING ACT

33
‑
50
‑
101
.

Short title.

This chapter shall be known and may be cited as the "
Naturopathy Licensing
Act
."

33
‑
50
‑
102
.

Definitions.

(a)

As used in this chapter:

(
i
)

"Approved naturopathic medical program" means a naturopathic medical education program
:

(A)

That is
CNME accredited
;

(B)

T
hat
has achieved candidacy status for CNME accreditation
;
or

(C)

That
existed before CNME accreditation
that the board
approve
s
.

(
ii
)

"Board" means the Wyoming board of naturopathy created under this
act
;

(
ii
i)

"
CNME
" means the
council on naturopathic medical education
or its successor organization
;

(
i
v)

"License" means a license to practice naturopathy in
Wyoming

that the board
issue
s
under this
act
;

(v)

"Licensee" means a person
the board
license
s
under this
act
;

(vi)

"NABNE" means the
N
orth American board of naturopathic examiners or it
s
successor organization;

(v
ii
)

"Naturopathic practice" means a practice
of health care
that
may
include the following diagnostic and therapeutic modalities: clinical and laboratory diagnostic testing, nutritional medicine, botanical medicine, public health measures, hygiene, counseling, minor surgery, homeopathy, acupuncture, prescription medication, intravenous and injection therapy, naturopathic obstetrics
and naturopathic physical medicine including naturopathic manipulative therapy
;

(
v
iii)

"Naturopathic practitioner
,
"

"
naturopathic doctor
"
or
"
naturopath
"
means a person who
is authorized under this
act
to practice naturopathy in
Wyoming
;

(i
x
)

"
Naturopathy
" means
a distinct primary health care profession, emphasizing prevention, treatment, and optimal health
through
therapeutic methods and substances that encourage
an
individual
'
s inherent self
‑
healing process. The practice of naturopathic medicine includes modern and traditional, scientific and empirical methods
.

33
‑
50
‑
103
.

Board created; members; appointment; terms; qualification; removal; vacancies.

(a)

The Wyoming board of
naturopat
h
y
is created. The board shall consist of five (5) members who are legal residents of Wyoming. The board shall consist of one (1) member of the public, one (1) member who is
a graduate of a CNME accredited program and who has passed
a

NABNE
naturopathic licensing examination
, two (2) members who have
practiced naturopathy
for a period of not less than
five (5) years and one (1) member who is a health care
provider
licensed
pursuant to
title
33
of the Wyoming s
tatutes, other than this chapter
.

(b)

The governor shall appoint the members of the board. Of the initial members
the governor a
ppoint
s
, two (2) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of four (4) years. Thereafter, terms of office shall be four (4) years. Each member shall serve until the member's successor is appointed and qualified. No member shall serve more than two (2) consecutive full terms.

(c)

The governor
shall
fill a
ny vacancy on the board for the balance of the unexpired term.

(d)

The governor may remove any member from the board pursuant to W.S. 9
‑
1
‑
202.

33
‑
50
‑
104
.

Board meetings; elections; quorum.

The board shall meet at least once each year and elect a chair
person
at the first meeting each year. The board may
convene at the
chairperson'
s
request or as
the board
determine
s
necessary to transact its business.
A meeting
may be carried out via telecommunications. Three (3) board members constitute
s
a quorum.

33
‑
50
‑
105
.

Reimbursement of expenses and immunity.

(a)

Members of the board shall not receive compensation for their services but shall receive mileage and per diem as provided in W.S. 33
‑
1
‑
302(a)(vii) while discharg
ing

their
official duties.

(b)

Members of the board have the same immunities from personal liability as state employees for actions taken in the performance of their duties under this act, as provided in W.S. 1
‑
39
‑
104.

33
‑
50
‑
106
.

Board duties
and powers
; fees
.

(a)

The board shall:

(i)

Administer this
act
;

(ii)

Determine standards for licensees
including
:

(A)

Scope of practice
;

(B)

Practice standards;

(
C
)

Continuing education requirements;

(
D
)

Professional conduct standards;

(
E
)

Ethical standards of practice.

(iii)

Approve or disapprove applications for licensure and issue licenses, renewals and reinstatements
consistent with the scope of practice a person is qualified to pe
rform as a result of the person'
s post graduate education, NABNE exam, experience
, continuing competence
or as the board otherwise authorizes;

(
i
v)

Censure, suspend,
revoke
or impose conditions on
licenses as provided in this
act
and the Wyoming Administrative Procedure Act;

(v)

Initiate and conduct investigations, hearings and proceedings concerning alleged violations of this
act
and board rules;

(vi)

Keep a record of all proceedings and make available to licensees and other concerned parties an annual report of all board action
s
;

(vii)

Establish application and licensure fee
s

according to
W.S. 33
‑
1
‑
201
;

(
viii
)

Promulgate
rules as necessary to carry out this
act
.

(b)

The board may employ or contract with individuals
who are
necessary to administer its affairs and provide support services.

(c)

There is created a Wyoming board of naturopathy account that shall be under the direction of the board
to defray costs incurred in administering this act
. Disposition
of fees
and interest

shall be according to W.S.

33
‑
1
‑
202.
Disbursements from the account shall not exceed the monies credited to it.
Appropriations shall be based upon submission of a budgetary request as provided by W.S.

9
‑
2
‑
1011 and 9
‑
2
‑
1012.

33
‑
50
‑
107
.

Licensure required; components; exemptions; other licensed health care professionals.

(a)

Beginning January 1, 201
9
, unless the person is licensed to practice
naturopathy

under
this
act
, no person shall:

(i)

Practice
naturopathy
or hold
himself or herself
out to be
a
naturopathic doctor, naturopathic
practitioner
,
naturopath

or as being able to practice
naturopathy
in Wyoming;

(ii)

Use the title of
naturopathic doctor, naturopathic practitioner or naturopath
or any variant thereof; or

(iii)

Use any words, abbreviations, figures, configuration of letters, including N.D., titles, signs,
cards or devices tending to imply that the person is a licensed naturopathic practitioner unless the person is duly licensed.

(b)

Any license issued under this
act
shall:

(i)

Be issued in the name of the licensed
naturopathic practitioner
;

(ii)

State the
issue
and expiration dates; and

(iii)

Be displayed at all times in a conspicuous manner in the place of business or employment of the licensee.

(c)

The following persons are exempt from this
act
's licensure requirements:

(i)

A
naturopathic practitioner
licensed to practice
naturopathy
in another jurisdiction while teaching
,
demonstrating or providing
naturopathy
in connection with teaching or participating in an educational seminar in Wyoming. Any exemption under this paragraph
shall not exceed sixty (60) days cumulatively in a calendar year;

(ii)

A
naturopathic practitioner
licensed in another jurisdiction who enters this state to provide
naturopathy
during a natural disaster or a public health emergency, as declared by the governor
under
W.S.

35
‑
4
‑
115(a)(i);

(iii)

With board approval, a person in training may practice
naturopathy
provided all services are performed under the direct supervision of a
naturopathic practitioner
licensed in this state.

(
d
)

Nothing in this
act
shall be construed to prohibit or restrict any other licensed health care provider in this state from practicing
naturopathy
within the
provider
'
s
scope of practice. However, no person may represent
himself or herself to the public
as a
naturopathic practitioner
unless licensed
under
this
act
.

33
‑
50
‑
108
.

Application for license; qualifications;
renewal;
fees; reporting.

(a)

An applicant for licensure under this
act
shall:

(i)

Submit a written application verified by oath
in a form the board prescribes
;

(ii)

Submit proof that the applicant:

(
A
)

Is
a graduate of a
n

approved naturopathic medical program
and has s
uccessfully pass
ed
a competency

based national naturopathi
c physician
licensing examination administered by the NABNE
or
other organization the board approves that is nationally recognized to administer a naturopathic practitioner licensing examination that represents federal standards
of education
and training
;

(B)

Completed other practi
cal
experience,
education,
examination or apprenticeship processes as
the board determines to be substantively comparable to standards in subparagraph (A) of this paragraph
; or

(C)

Was previously licensed or certified, provided that when the applicant secured his or her initial license or certificate, the requirements for licensure or certification
met standards
that
the board
determines are
substantively
comparable to existing standards

and
that the license or certificate
was
not suspended, revoked or otherwise restricted for any reason
.

(i
ii
)

Have committed no acts
that
are grounds for disciplinary action as set forth in W.S. 33
‑
50
‑
113
, or if
an
act has been committed, the board may, at its discretion and after investigation, determine that sufficient restitution has been made;

(
i
v)

Remit fees as
the board
specifie
s
;

(v)

If required by board rule, h
ave completed to the satisfaction of a majority of board members a personal interview consisting of inquiry and oral response to naturopathic knowledge, personal and professional history and intentions for practicing naturopathy in this state; and

(vi)

Meet any additional requirements that the board may impose by rule.

(
b
)

A
n applicant for licensure under this act shall provide the board fingerprints and other information necessary for a criminal history record background check as provided under W.S. 7
‑
19
‑
201.

(
c
)

Licenses shall be renewed according to a schedule
the board
establish
es
. If a licensee fails to renew a license
according
to the schedule
the board establishes
, the license shall expire and the licensee shall not practice
naturopathy
in
Wyoming
.

(
d
)

Upon application for licensure, renewal or reinstatement, or not later than thirty (30) days after the licensee becomes aware of
proceedings
, a
n applicant for licensure or licensee shall report any pending or final administrative or disciplinary action
, or other judgment
, as well as the terms of any settlement or other disposition of an action or judgment, against the applicant or licensee involving malpractice or improper practice of
naturopathy
, whether occurring in Wyoming or in any other jurisdiction.

33
‑
50
‑
109
.

Licensure by endorsement
; fees
.

(a)

The board may issue a license by endorsement to practice
naturopathy
in Wyoming to an applicant who is licensed to practice
naturopathy
in another state
,
subject to the following:

(i)

The applicant shall complete an application for licensure by endorsement in a form the board prescribes;

(i
i
)

The other state shall have substantially equivalent
naturopathy
licensure requirements as Wyoming, including similar licensure by endorsement provisions for licensees of this state;

(i
i
i)

The applicant shall not have any disciplinary actions pending at the time of application;

(i
v
)

The applicant shall not have had a license to practice
naturopathy
suspended or revoked in
any
state;

(
v)

The person shall adhere to all requirements of continuing education and ethical standards
the board
establishe
s
;

(v
i
)

The applicant shall remit fees as
the board
specifie
s
;

(
v
i
i
)

The applicant shall
not h
ave committed
any
acts that are grounds for disciplinary action as set forth in W.S. 33
‑
50
‑
113
, or if
an
act has been committed, the board may, at its discretion and after investigation, determine that sufficient restitution has been made;

(v
ii
i
)

If required by board rule, t
he applicant shall h
ave completed to the satisfaction of a majority of board members a personal interview consisting of inquiry and oral response to naturopathic knowledge, personal and professional history and intentions for practicing naturopathy in this state; and

(ix
)

The applicant shall m
eet any additional requirements that the board may impose by rule.

33
‑
50
‑
110
.

Temporary license; application; qualifications
; fee
.

(a)

The board may issue a temporary license for a term that expires at 8:00 a.m. on the first day of the next regularly scheduled board meeting to a person who:

(i)

Completes an application for temporary licensure
in a form the board prescribes
;

(ii)

Meets all licensing requirements of W.S.

33
‑
50
‑
108
except
the interview under W.S.

33
‑
50
‑
108(a)(v) or
other
requirements t
hat the board may defer until no later than the next board meeting;

(iii)

Pays a temporary license fee in an amount the board
specifies
.

33
‑
50
‑
111
.

Duties and authority of practitioners.

Naturopathic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases and shall, as to any
matters pertaining to public health, report to the proper health officers the same as other practitioners.

33
‑
50
‑
112
.

Violations; penalt
y
; injunctive relief
.

(a)

No person shall:

(i)

P
ractice
naturopathy
wi
thout a valid license
;

(ii)

Practice
naturopathy
under cover of any diploma, license, certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(iii)

Use any words, abbreviations, figures, letters, titles, signs, cards or devices tending to imply that the person is a
naturopathic practitioner
,
unless the person is licensed as
a
naturopathic practitioner
under this act or holds a license in another state and is practicing
as allowed in this act
;

(iv)

Knowingly employ
persons
unlicensed in
naturopathic
practice;

(v)

Knowingly conceal information relating to violations of this act;
or

(v
i)

Otherwise violate or aid or abet another person to violate any provision of this act
.

(b)

Violation of any provision of this act constitutes a misdemeanor and upon conviction, the person is subject to a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

(c)

The attorney general, the board, any county or district attorney or any citizen may obtain an injunction in the name of the state of Wyoming upon the relation of a complainant enjoining any person from engaging in the practice of naturopathy without a license. The district court of the district in which the offending person resides or the district court of Laramie county has original jurisdiction of any such injunction proceedings. An
injunction may be issued without proof of actual damage sustained and upon proof of one (1) or more acts constituting the practice of naturopathy without a license. The standard of proof of any violation of this subsection shall be by a preponderance of the evidence.

(d)

Nothing in this section shall limit any additional civil or criminal liability under the laws of this state.

33
‑
50
‑
1
13
.

Disciplining licensees; grounds.

(a)

The board may refuse to issue
,
renew
or reinstate a license, ma
y suspend or revoke
a
license,
may impose probationary conditions on
a
license
or
may
oth
erwise discipline a licensee
, upon proof that the person:

(i)

Has engaged in any act inconsistent
with
reasonable standards of
naturopathic
practice as defined by board rules;

(ii)

Is unfit or incompetent to practice naturopathy by reason of negligence, habits, practice
standards, physical or mental disability or abuse of drugs, narcotics, chemicals or any other mind

altering material;

(ii
i
)

Has been found guilty by a court or has entered a plea of nolo contendere to a felony that relates adversely to
naturopathic
practice or to the ability to practice n
aturopathy
;

(iv
)

Has
used
fraud
,
deceit
, misrepresentation or concealment of material facts
:

(A)

In procuring or attempting to procure a license to practice
naturopathy
;

(B)

In filing or reporting any health care information
,
client documentation, agency records or other essential health documents; or

(
C
)

In submitting any information or record to the board
.

(v)

Has had a license to practice
naturopathy
or to practice in another health care discipline in another
jurisdiction, territory or possession of the United States denied, revoked, suspended or otherwise restricted;

(vi)

Has practiced
naturopathy
within this state without a valid license or as otherwise permitted under this act;

(vii)

Has knowingly and willfully failed to report to the board any violation of this act or of board rules;

(
viii
)

Has violated any of the provisions of this act or
any lawful order
or rule

the board has issued or promulgated
;

(
i
x)

Has knowingly
performed
an act
that the licensee
knew
before committing the act
was beyond the scope of the individual's n
aturopathic
practice, or performed acts without sufficient education, knowledge or ability to apply
naturopathic
principles and skills;

(x)

Has failed to submit to a mental, physical or medical competency examination following a proper
request by the board made pursuant to board rules and the Wyoming Administrative Procedure Act
.

(b)

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or
otherwise restrict a license
issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

33
‑
50
‑
1
14
.

Disciplining licensees; proce
edings
.

(a)

The board may commence a
proceeding for discipline of a licensee or applicant
w
hen the board has reasonable grounds to
substantiate
that a person under the board's jurisdiction has committed acts in violation of W.S. 33
‑
50
‑
113
.
In any proceeding the board shall
afford the licensee

or applicant due process of law. However, the board may summarily suspend a license
and
institute proceedings concomitantly if the board finds that the
licensee presents a clear and immediate danger to the public health, safety and welfare if allowed to continue to practice. For purposes of a suspension or other restriction imposed pursuant to W.S. 33
‑
50
‑
113
(b), the board may presume that the court imposing the suspension or restriction afforded the licensee or applicant due process of law.

(b)

The board may issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or his counsel, the board shall issue subpoenas on behalf of the respondent.

(c)

Hearings under this section shall be held and a person aggrieved by a decision of the board may appeal according to the Wyoming Administrative Procedure Act.

33
‑
50
‑
115
.

Disciplining licensees; reinstatement.

Any person whose license
has been denied, suspended,
revoked
or upon which conditions have been imposed
may apply to the board for reinstatement of the license or
issuance of a license after fulfilling requirements
the board
determine
s
. The application shall be made in writing and in
a
form
the board
prescribe
s
. The board may grant or deny the application or it may modify its original findings to reflect any circumstances that have changed sufficiently to warrant modifications.

33
‑
50
‑
116
.

Immunity of board members and persons reporting information to board.

Any member or agent of the board, or any person under oath, is not subject to a civil action for damages as a result of reporting information in good faith, without fraud or malice, relating to alleged violations of this act or board rules.

Section 2
.

For the period beginning with the effective date of this act through June 30, 201
9
, there is appropriated twenty thousand dollars ($20,000.00) from the general fund to the department of administration and information. This appropriation shall be expended only
for
providing necessary support and executive secretary services for the licensing board created under section 1 of
this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 201
9
.

Section
3
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0151