H.B. 66 Enrolled

NATUROPATHIC PHYSICIAN AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Ferrin
Senate Sponsor: Lyle W. Hillyard

LONG TITLE
General Description:
This bill modifies provisions of the Naturopathic Physician Practice Act related to
qualifications for licensure and financial interests of a licensee.
Highlighted Provisions:
This bill:
. provides that an applicant seeking licensure as a naturopathic physician by
endorsement shall pass examination requirements established by the division which
the applicant has not passed in connection with licensure in another jurisdiction and
which are available to the applicant to take without requiring additional professional
education; and
. allows licensed naturopathic physicians to sell homeopathic remedies or dietary
supplements from their offices.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
58-71-302, as last amended by Chapter 131, Laws of Utah 2003
58-71-801, as last amended by Chapter 280, Laws of Utah 2004

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 58-71-302 is amended to read:
58-71-302. Qualifications for licensure.
(1) An applicant for licensure as a naturopathic physician, except as set forth in
Subsection (2), shall:
(a) submit an application in a form prescribed by the division which may include:
(i) submissions by the applicant of information maintained by practitioner data banks, as
designated by division rule, with respect to the applicant; and
(ii) a record of professional liability claims made against the applicant and settlements
paid by or in behalf of the applicant;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character;
(d) provide satisfactory documentation of having successfully completed a program of
professional education preparing an individual as a naturopathic physician, as evidenced by
having received an earned degree of doctor of naturopathic medicine from:
(i) a naturopathic medical school or college accredited by the Council of Naturopathic
Medical Education or its successor organization approved by the division;
(ii) a naturopathic medical school or college that is a candidate for accreditation by the
Council of Naturopathic Medical Education or its successor organization, and is approved by the
division in collaboration with the board, upon a finding there is reasonable expectation the school
or college will be accredited; or
(iii) a naturopathic medical school or college which, at the time of the applicant's
graduation, met current criteria for accreditation by the Council of Naturopathic Medical
Education or its successor approved by the division;
(e) provide satisfactory documentation of having successfully completed, after successful
completion of the education requirements set forth in Subsection (1)(d), 12 months of clinical
experience in naturopathic medicine in a residency program recognized by the division and
associated with an accredited school or college of naturopathic medicine, and under the
preceptorship of a licensed naturopathic physician, physician and surgeon, or osteopathic

physician;
(f) pass the licensing examination sequence required by division rule established in
collaboration with the board;
(g) be able to read, write, speak, understand, and be understood in the English language
and demonstrate proficiency to the satisfaction of the board if requested by the board; and
(h) meet with the board and representatives of the division, if requested, for the purpose
of evaluating the applicant's qualifications for licensure.
(2) An applicant for licensure as a naturopathic physician qualifying under the
endorsement provision of Section 58-1-302 shall:
(a) be currently licensed in good standing in another jurisdiction as set forth in Section
58-1-302 ;
(b) document having met all requirements for licensure under Subsection (1) except the
clinical experience requirement of Subsection (1)(e);
(c) have passed the examination requirements established under Subsection (1)(f) which:
(i) the applicant has not passed in connection with licensure in another state or
jurisdiction; and
(ii) are available to the applicant to take without requiring additional professional
education;
(d) have been actively engaged in the practice [as] of a naturopathic physician for not
less than 6,000 hours during the five years immediately preceding the date of application for
licensure in Utah; and
(e) meet with the board and representatives of the division, if requested for the purpose
of evaluating the applicant's qualifications for licensure.
Section 2. Section 58-71-801 is amended to read:
58-71-801. Disclosure of financial interest by licensee.
(1) Except as provided in [Subsection] Subsections (2) and (5), licensees under this
chapter may not own, directly or indirectly:
(a) any pharmacy or pharmaceutical facility as defined in Section 58-17b-102 ; or

(b) a retail store, wholesaler, distributor, manufacturer, or facility of any other kind
located in this state that is engaged in the sale, dispensing, delivery, distribution, or manufacture
of homeopathic remedies, dietary supplements, or natural medicines.
(2) A licensee may own or control less than 5% of the outstanding stock of a corporation
whose ownership is prohibited under Subsection (1), if the stock of the corporation is publicly
traded.
(3) Licensees under this chapter may not refer patients, clients, or customers to any
clinical laboratory, ambulatory or surgical care facilities, or other treatment or rehabilitation
services such as physical therapy, cardiac rehabilitation, or radiology services in which the
licensee or a member of the licensee's immediate family has any financial relationship as that
term is described in 42 U.S.C. 1395nn, unless the licensee at the time of making the referral
discloses that relationship, in writing, to the patient, client, or customer.
(4) The written disclosure under Subsection (3) shall also state the patient may choose
any facility or service center for purpose of having the laboratory work or treatment service
performed.
(5) Licensees under this chapter may [not] sell from their offices homeopathic remedies
or dietary supplements[,] as defined in the Federal Food Drug and Cosmetic Act[, except for
those products that are not readily available from other local sources] consistent with division
rule.
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.