Session of 2000
HOUSE BILL No. 2728
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
24 (3) To provide a
means of identifying qualified naturopathic
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
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
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
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
(g) "Naturopathic physical medicine" means the therapeutic use
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
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
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
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
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
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:
(a) Prescribe, dispense or administer any prescription drugs
2 trolled substances, except those
natural medicines as authorized by this
4 (b) Perform
the taking of x-ray tests or electrocardiograms.
5 (c) Perform
(d) Practice emergency medicine, except as a good samaritan
7 dering gratuitous services in the
case of emergency and except for the
8 care of minor injuries.
(e) Practice or claim to practice allopathic medicine,
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
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
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:
(a) Establish fees for annual licensing of naturopathic
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.
(b) Maintain a roster of all licensed naturopathic physicians
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
25 New Sec.
9. The board shall issue a provisional license to
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
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,
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
21 (c) The board
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
30 (6) Review
31 (7) Establish
requirements for successful completion of a licensing
33 (8) Establish
procedure for license renewal.
34 (9) Establish
35 (10) Establish
continuing education requirements.
36 (11) Perform such
other duties as may be required by law.
12. K.S.A. 65-2872 is hereby amended to read as follows:
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
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.
(d) Students while in actual classroom attendance in an
4 healing arts school who after
(1) year's study treat diseases
5 under the supervision of a licensed
(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
(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
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
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
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.
(p) Pharmacists practicing their profession, when licensed and
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
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.