Session of 2000
By Committee on Federal and State Affairs

  9             AN  ACT concerning naturopathic physicians; relating to the licensing
10             and regulation thereof; amending K.S.A. 65-2872 and repealing the
11             existing section; also repealing K.S.A. 65-2872a.
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) The legislature of the state of Kansas finds that
15       a significant number of Kansas residents choose naturopathic medicine
16       for their health care needs and declares that naturopathic medicine is a
17       distinct health care profession that affects the public health, safety and
18       welfare and provides for freedom of choice in health care.
19             (b) The purpose of this act is:
20             (1) To provide standards for the licensing and regulation of naturo-
21       pathic physicians in order to protect the public health, safety and welfare.
22             (2) To insure that naturopathic medicine by qualified naturopathic
23       physicians is available to the people of Kansas.
24             (3) To provide a means of identifying qualified naturopathic
25       physicians.
26             New Sec.  2. As used in this act:
27             (a) "Board" means the Kansas board of naturopathic medicine.
28             (b) "Homeopathic preparations" means medicines prepared accord-
29       ing to the homeopathic pharmacopoeia of the United States.
30             (c) "Minor office procedures" means care incident to superficial lac-
31       erations and abrasions, and the removal of foreign bodies located in su-
32       perficial structures, except the eyes. "Minor office procedures" includes
33       the use of antiseptics in connection with such procedures but shall not
34       include the alteration or removal of tissue.
35             (d) "Naturopathic physician" means a doctor of naturopathic medi-
36       cine who is licensed as a naturopathic physician pursuant to this act.
37             (e) "Naturopathic manipulative therapy" means the manually admin-
38       istered, mechanical treatment of body structures or tissues, in accordance
39       with approved naturopathic medical school principles, for the purpose of
40       restoring normal physiological function to the body by normalizing and
41       balancing the musculoskeletal system of the body.
42             (f) "Naturopathic medicine" means a system of primary health care
43       practiced by doctors of naturopathic medicine for the prevention, diag-


  1       nosis and treatment of human health conditions, injuries and diseases that
  2       uses education, natural medicines and therapies to support and stimulate
  3       the individual's intrinsic self-healing processes.
  4             (g) "Naturopathic physical medicine" means the therapeutic use of
  5       the physical agents of air, water, heat, cold, sound, light and electromag-
  6       netic non-ionizing radiation and the physical modalities of electrotherapy,
  7       diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic ma-
  8       nipulative therapy and therapeutic exercise.
  9             New Sec.  3. (a) No person shall represent oneself as a licensed na-
10       turopathic physician or use such title as N.D., naturopathic medical doc-
11       tor, naturopathic doctor or naturopathic physician unless licensed as pro-
12       vided by this act.
13             (b) No person shall practice or represent oneself as practicing natur-
14       opathic medicine unless licensed pursuant to this act.
15             (c) Licensed naturopathic physicians:
16             (1) May use the title "naturopathic physician," "doctor of naturo-
17       pathic medicine," "naturopathic medical doctor," the abbreviation
18       "N.D.," "N.M.D." and "N.P."; and
19             (2) shall have the exclusive right to use the terms "doctor of naturo-
20       pathic medicine," "naturopathic physician," "naturopathic medical doc-
21       tor," "naturopathic medical care," "N.D.," "N.M.D." and "N.P."
22             New Sec.  4. Naturopathic physicians may:
23             (a) Use for preventive and therapeutic purposes the following natural
24       medicines and therapies: Food, food extracts, vitamins, minerals, en-
25       zymes, digestive aids, whole gland thyroid, plant substances, all homeo-
26       pathic preparations, topical medicines, counseling, hypnotherapy, bio-
27       feedback, dietary therapy, naturopathic physical medicine, therapeutic
28       devices and barrier devices for contraception.
29             (b) Use for diagnostic purposes physical and orifical examinations,
30       ultrasound, phlebotomy, clinical laboratory tests and examinations and
31       physiological function tests.
32             (c) Order the taking of and reading of x-ray tests and
33       electrocardiograms.
34             (d) Prescribe nonprescription medications and therapeutic devices
35       and use noninvasive diagnostic procedures used by practitioners of the
36       healing arts.
37             (e) Prescribe, dispense and administer intramuscularly or intrave-
38       nously any vitamins, minerals, botanicals, glandulars and natural
39       hormones.
40             (f) Practice obstetrics as taught in approved naturopathic medical col-
41       leges in accordance with federal standards established by the specialty
42       certification board of the American association of naturopathic physicians.
43             New Sec.  5. Naturopathic physicians shall not:


  1             (a) Prescribe, dispense or administer any prescription drugs or con-
  2       trolled substances, except those natural medicines as authorized by this
  3       act.
  4             (b) Perform the taking of x-ray tests or electrocardiograms.
  5             (c) Perform surgical procedures.
  6             (d) Practice emergency medicine, except as a good samaritan ren-
  7       dering gratuitous services in the case of emergency and except for the
  8       care of minor injuries.
  9             (e) Practice or claim to practice allopathic medicine, surgery, oste-
10       opathy, dentistry, podiatry, optometry, chiropractic, physical therapy or
11       any other system or method of treatment not authorized by this act.
12             New Sec.  6. Nothing in this act shall be construed to prohibit or
13       restrict:
14             (a) The practice of a profession by individuals who are licensed, cer-
15       tified or registered under other laws of this state who are performing
16       services within their authorized scope of practice.
17             (b) The practice of naturopathic medicine by an individual employed
18       by the government of the United States while the individual is engaged
19       in the performance of duties prescribed by the laws and regulations of
20       the United States.
21             (c) The practice by a doctor of naturopathic medicine duly registered
22       or licensed in another state, territory, or the district of Columbia when
23       incidentally called into this state for consultation with a person licensed
24       to practice medicine and surgery.
25             (d) The practice of naturopathic medicine by students enrolled in an
26       approved naturopathic medical college. The performance of services shall
27       be pursuant to a course of instruction or assignments from an instructor
28       and under the supervision of the instructor. The instructor shall be a
29       licensed naturopathic physician.
30             (e) The treatment of the sick or suffering by spiritual means through
31       prayer alone in accordance with the tenets and practices of an established
32       church or religious denomination.
33             (f) Persons gratuitously administering ordinary nutritional or house-
34       hold remedies.
35             (g) A chiropractor licensed under the healing arts act.
36             New Sec.  7. Naturopathic physicians shall have the same authority
37       and responsibility as other practitioners of the healing arts regarding pub-
38       lic health laws, reportable diseases and conditions, communicable disease
39       control and prevention, recording of vital statistics, health and physical
40       examinations, and local boards of health, except that such authority shall
41       be limited to activity consistent with the scope of practice authorized by
42       this act.
43             New Sec.  8. The board shall:


  1             (a) Establish fees for annual licensing of naturopathic physicians and
  2       for the renewal of such licensing. An initial licensure fee shall be estab-
  3       lished by rules and regulations and shall not exceed $1,000. An annual
  4       license renewal fee shall be established by rules and regulations and shall
  5       not exceed $300.
  6             (b) Maintain a roster of all licensed naturopathic physicians under
  7       this act which indicates:
  8             (1) The name of the licensee.
  9             (2) Current professional office address.
10             (3) The date of issuance and the license number.
11             (4) Whether the licensee is in good standing.
12             (c) Keep all applications for licensure as a permanent record.
13             (d) Compile and publish annually a directory of all licensed naturo-
14       pathic physicians in Kansas.
15             (e) Prepare and keep up to date a list of universities, colleges or
16       schools accredited by the national council on naturopathic medicine, but
17       no university, school or college shall be approved by the board without
18       the formal action of the board.
19             (f) Require proof of completion of at least 20 hours of continuing
20       education each year prior to approving any application for renewal of the
21       license. The board shall approve only those continuing education courses
22       which have been approved by the American association of naturopathic
23       physicians (AANP) or the American Academy of continuing medical
24       education.
25             New Sec.  9. The board shall issue a provisional license to graduates
26       of approved naturopathic medical schools until the provisional licensee
27       has completed one year of residential training under a Kansas licensed
28       naturopathic physician or a Kansas licensed medical doctor who has also
29       practiced naturopathic medicine for one year or more.
30             New Sec.  10. The board shall issue a full naturopathic physician's
31       license to:
32             (a) Any naturopathic physician who has graduated from an accredited
33       university, school or college of naturopathic medicine approved by the
34       board.
35             (b) Any graduate of an accredited naturopathic medical university,
36       school or college who practiced naturopathic medicine in Kansas under
37       K.S.A. 65-2872a prior to January 1, 2001.
38             New Sec.  11. (a) The board shall consist of seven members. Mem-
39       bers of the board shall be appointed by the governor as follows:
40             (1) Five members shall be licensed naturopathic physicians or who
41       are eligible for licensure. Such members shall be appointed from a list of
42       nominees submitted to the governor by the board of the Kansas associ-
43       ation of naturopathic physicians. There shall be submitted at least three


  1       nominees for each member position under this subsection;
  2             (2) one member shall be a medical doctor licensed by the state board
  3       of healing arts who has practiced naturopathic medicine for one year or
  4       more; and
  5             (3) one member shall be a representative of the general public.
  6             (b) Except as provided by this subsection, each member of the com-
  7       mission shall be appointed for a term of three years and until a successor
  8       is appointed and qualified.
  9             Of the members first appointed by the governor pursuant to paragraph
10       (1) of subsection (a), three members shall be appointed for terms of three
11       years; one member shall be appointed for a term of two years; and one
12       member shall be appointed for a term of one year. The member first
13       appointed pursuant to paragraph (2) of subsection (a) shall be appointed
14       for a term of two years. The member first appointed pursuant to para-
15       graph (3) of subsection (a) shall be appointed for a term of one year. All
16       members shall serve until a successor is appointed and qualified.
17             Persons appointed to fill a vacancy in a position under subsection (a)
18       shall be appointed from a list of nominees as provided by subsection (a).
19       Persons appointed to fill any vacancy which occurs prior to the expiration
20       of a term shall be appointed for the unexpired term.
21             (c) The board shall:
22             (1) Adopt rules and regulations concerning the practice of naturo-
23       pathic medicine.
24             (2) Make recommendations regarding legislation.
25             (3) Prepare application forms, license forms, protocol forms and
26       other necessary forms.
27             (4) Review records and forms submitted by applicants.
28             (5) Distribute information regarding naturopathic medicine practice
29       standards.
30             (6) Review complaints.
31             (7) Establish requirements for successful completion of a licensing
32       examination.
33             (8) Establish procedure for license renewal.
34             (9) Establish disciplinary procedures.
35             (10) Establish continuing education requirements.
36             (11) Perform such other duties as may be required by law.
37             Sec.  12. K.S.A. 65-2872 is hereby amended to read as follows: 65-
38       2872. The practice of the healing arts shall not be construed to include
39       the following persons:
40             (a) Persons rendering gratuitous services in the case of an emergency.
41             (b) Persons gratuitously administering ordinary nutritional or house-
42       hold remedies.
43             (c) The members of any church practicing their religious tenets pro-


  1       vided they shall not be exempt from complying with all public health
  2       regulations of the state.
  3             (d) Students while in actual classroom attendance in an accredited
  4       healing arts school who after completing one (1) year's study treat diseases
  5       under the supervision of a licensed instructor.
  6             (e) Students upon the completion of at least three (3) years study in
  7       an accredited healing arts school and who, as a part of their academic
  8       requirements for a degree, serve a preceptorship not to exceed ninety
  9       (90) 90 days under the supervision of a licensed practitioner.
10             (f) Persons who massage for the purpose of relaxation, muscle con-
11       ditioning, or figure improvement, provided no drugs are used and such
12       persons do not hold themselves out to be physicians or healers.
13             (g) Persons whose professional services are performed under the su-
14       pervision or by order of or referral from a practitioner who is licensed
15       under this act.
16             (h) Persons in the general fields of psychology, education and social
17       work, dealing with the social, psychological and moral well-being of in-
18       dividuals and/or groups provided they do not use drugs and do not hold
19       themselves out to be the physicians, surgeons, osteopathic physicians,
20       naturopathic physicians or chiropractors.
21             (i) Practitioners of the healing arts in the United States army, navy,
22       air force, public health service, and coast guard or other military service
23       when acting in the line of duty in this state.
24             (j) Practitioners of the healing arts licensed in another state when and
25       while incidentally called into this state in consultation with practitioners
26       licensed in this state, or residing on the border of a neighboring state,
27       duly licensed under the laws thereof to practice a branch of the healing
28       arts, but who do not open an office or maintain or appoint a place to
29       regularly meet patients or to receive calls within this state.
30             (k) Dentists practicing their professions, when licensed and practic-
31       ing in accordance with the provisions of article 14 of chapter 65 of the
32       Kansas Statutes Annotated, or amendments thereto, and any interpreta-
33       tion thereof by the supreme court of this state.
34             (l) Optometrists practicing their professions, when licensed and prac-
35       ticing under and in accordance with the provisions of article 15 of chapter
36       65 of the Kansas Statutes Annotated, or amendments thereto, and any
37       interpretation thereof by the supreme court of this state.
38             (m) Nurses practicing their profession when licensed and practicing
39       under and in accordance with the provisions of article 11 of chapter 65
40       of the Kansas Statutes Annotated, or amendments thereto, and any in-
41       terpretation thereof by the supreme court of this state.
42             (n) Podiatrists practicing their profession, when licensed and practic-
43       ing under and in accordance with the provisions of article 20 of chapter


  1       65 of the Kansas Statutes Annotated, or amendments thereto, and any
  2       interpretation thereof by the supreme court of this state.
  3             (o) Every act or practice falling in the field of the healing art, not
  4       specifically excepted herein, shall constitute the practice thereof.
  5             (p) Pharmacists practicing their profession, when licensed and prac-
  6       ticing under and in accordance with the provisions of article 16 of chapter
  7       65 of the Kansas Statutes Annotated, or amendments thereto, and any
  8       interpretation thereof by the supreme court of this state.
  9             (q) A dentist licensed in accordance with the provisions of article 14
10       of chapter 65 of the Kansas Statutes Annotated who administers general
11       and local anesthetics to facilitate medical procedures conducted by a per-
12       son licensed to practice medicine and surgery if such dentist is certified
13       by the board of healing arts under K.S.A. 65-2899, and amendments
14       thereto, to administer such general and local anesthetics. 
15       Sec.  13. K.S.A. 65-2872 and 65-2872a are hereby repealed.
16        Sec.  14. This act shall take effect and be in force from and after its
17       publication in the Kansas register.