Session of 2000
SENATE BILL No. 593
By Committee on Ways and Means
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 state board of healing arts.
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, topical
anesthetics, anti-bacterial agents, in con-
34 nection with such procedures but shall not
include the alteration or re-
35 moval of tissue.
36 (d) "Naturopathic
physician" means a doctor of naturopathic medi-
37 cine who is licensed as a naturopathic
physician pursuant to this act.
38 (e) "Naturopathic
manipulative therapy" means the manually admin-
39 istered, mechanical treatment of body
structures or tissues, in accordance
40 with approved naturopathic medical school
principles, for the purpose of
41 restoring normal physiological function to
the body by normalizing and
42 balancing the musculoskeletal system of the
43 (f) "Naturopathic
medicine" means a system of primary health care
1 practiced by doctors of naturopathic
medicine for the prevention, diag-
2 nosis and treatment of human health
conditions, injuries and diseases that
3 uses education, natural medicines and
therapies to support and stimulate
4 the individual's intrinsic
(g) "Naturopathic physical medicine" means the therapeutic use
6 the physical agents of air, water,
heat, cold, sound, light and electromag-
7 netic non-ionizing radiation and the
physical modalities of electrotherapy,
8 diathermy, ultraviolet light,
ultrasound, hydrotherapy, naturopathic ma-
9 nipulative therapy and therapeutic
10 New Sec.
3. (a) No person shall represent oneself as a licensed na-
11 turopathic physician or use such title as
N.D., naturopathic medical doc-
12 tor, naturopathic doctor or naturopathic
physician unless licensed as pro-
13 vided by this act.
14 (b) No person
shall practice or represent oneself as practicing natur-
15 opathic medicine unless licensed pursuant
to this act.
16 (c) Licensed
17 (1) May use the
title "naturopathic physician," "doctor of naturo-
18 pathic medicine," "naturopathic medical
doctor," the abbreviation
19 "N.D.," "N.M.D." and "N.P."; and
20 (2) shall have
the exclusive right to use the terms "doctor of naturo-
21 pathic medicine," "naturopathic physician,"
"naturopathic medical doc-
22 tor," "naturopathic medical care," "N.D.,"
"N.M.D." and "N.P."
23 New Sec.
4. Naturopathic physicians may:
24 (a) Use for
preventive and therapeutic purposes the following natural
25 medicines and therapies: Food, food
extracts, vitamins, minerals, en-
26 zymes, amino acids, digestive aids, whole
gland thyroid, natural hor-
27 mones, plant substances, all homeopathic
preparations, topical medicines,
28 local anesthetics, counseling,
hypnotherapy, biofeedback, dietary therapy,
29 naturopathic physical medicine, therapeutic
devices and barrier devices
30 for contraception.
31 (b) Use for
diagnostic purposes physical and orifical examinations,
32 ultrasound, phlebotomy, clinical laboratory
tests and examinations and
33 physiological function tests.
34 (c) Order the
taking of and reading of x-ray tests and
36 (d) Prescribe
nonprescription medications and therapeutic devices
37 and use noninvasive diagnostic procedures
used by practitioners of the
38 healing arts.
39 (e) Prescribe,
dispense and administer intramuscularly or intrave-
40 nously any vitamins, minerals, botanicals,
glandulars, natural hormones,
41 amino acids, D5W, saline solutions and
42 (f) Practice
obstetrics with a specialty certificate issued by an ap-
43 proved naturopathic college and meeting the
standards of the American
1 college of naturopathic obstetrics
2 New Sec.
5. Naturopathic physicians shall not:
(a) Prescribe, dispense or administer any prescription drugs
4 trolled substances, except those
natural medicines as authorized by this
6 (b) Perform
the taking of x-ray tests or electrocardiograms.
7 (c) Perform
(d) Practice emergency medicine, except as a good samaritan
9 dering gratuitous services in the
case of emergency and except for the
10 care of minor injuries.
11 (e) Practice or
claim to practice allopathic medicine, surgery, oste-
12 opathy, dentistry, podiatry, optometry,
chiropractic, physical therapy or
13 any other system or method of treatment not
authorized by this act.
14 New Sec.
6. Nothing in this act shall be construed to prohibit or
16 (a) The practice
of a profession by individuals who are licensed, cer-
17 tified or registered under other laws of
this state who are performing
18 services within their authorized scope of
19 (b) The practice
of naturopathic medicine by an individual employed
20 by the government of the United States
while the individual is engaged
21 in the performance of duties prescribed by
the laws and regulations of
22 the United States.
23 (c) The practice
by a doctor of naturopathic medicine duly registered
24 or licensed in another state, territory, or
the district of Columbia when
25 incidentally called into this state for
consultation with a person licensed
26 to practice medicine and surgery.
27 (d) The practice
of naturopathic medicine by students enrolled in an
28 approved naturopathic medical college. The
performance of services shall
29 be pursuant to a course of instruction or
assignments from an instructor
30 and under the supervision of the
instructor. The instructor shall be a
31 licensed naturopathic physician.
32 (e) The treatment
of the sick or suffering by spiritual means through
33 prayer alone in accordance with the tenets
and practices of an established
34 church or religious denomination.
35 (f) Persons
gratuitously administering ordinary nutritional or house-
36 hold remedies.
37 (g) A
chiropractor licensed under the healing arts act.
38 New Sec.
7. Naturopathic physicians shall have the same authority
39 and responsibility as other practitioners
of the healing arts regarding pub-
40 lic health laws, reportable diseases and
conditions, communicable disease
41 control and prevention, recording of vital
statistics, health and physical
42 examinations, and local boards of health,
except that such authority shall
43 be limited to activity consistent with the
scope of practice authorized by
1 this act.
2 New Sec.
8. The board shall:
(a) Establish fees for annual licensing of naturopathic
4 for the renewal of such licensing. An
initial licensure fee shall be estab-
5 lished by rules and regulations and
shall not exceed $1,000. An annual
6 license renewal fee shall be
established by rules and regulations and shall
7 not exceed $300.
(b) Maintain a roster of all licensed naturopathic physicians
9 this act which indicates:
10 (1) The name of
11 (2) Current
professional office address.
12 (3) The date of
issuance and the license number.
13 (4) Whether the
licensee is in good standing.
14 (c) Keep all
applications for licensure as a permanent record.
15 (d) Compile and
publish annually a directory of all licensed naturo-
16 pathic physicians in Kansas.
17 (e) Prepare and
keep up to date a list of universities, colleges or
18 schools accredited by the national council
on naturopathic medicine, but
19 no university, school or college shall be
approved by the board without
20 the formal action of the board.
21 (f) Require proof
of completion of at least 20 hours of continuing
22 education each year prior to approving any
application for renewal of the
23 license. The board shall approve only those
continuing education courses
24 which have been approved by the American
association of naturopathic
25 physicians (AANP) or the American Academy
of continuing medical
27 New Sec.
9. After January 1, 2002, the board shall issue a
28 license to graduates of approved
naturopathic medical schools until the
29 provisional licensee has completed one year
of residential training under
30 a licensed naturopathic physician or a
person licensed to practice medi-
31 cine and surgery who has also practiced
naturopathic medicine for one
32 year or more.
33 New Sec.
10. The board shall issue a full naturopathic physician's
34 license to:
35 (a) Any graduate
from a school of naturopathy that required four
36 years of attendance at the school and at
the time of graduation the school
37 was accredited or a candidate for
accreditation by the council on natur-
38 opathic medical examination or a successor
organization recognized by
39 the United States department of education
and who has passed the na-
40 turopathic physicians licensing examination
or its successor that is a com-
41 petency based examination covering
appropriate naturopathic subjects
42 including basic and clinical sciences.
43 (b) Any graduate
of an accredited naturopathic medical university,
1 school or college who practiced
naturopathic medicine in Kansas under
2 K.S.A. 65-2872a prior to January 1,
3 (c) Any
graduate from a school of naturopathy that required four
4 years of attendance at the school and
who holds a license to practice
5 naturopathic medicine in a state with
equal standards and qualifications.
6 (d) After
January 1, 2002, applicants for licenses must show docu-
7 mentation of one year residence
training as described in section 9 and
8 amendments thereto or one year
practice with a valid license in another
11. K.S.A. 65-2872 is hereby amended to read as follows:
11 2872. The practice of the healing arts
shall not be construed to include
12 the following persons:
13 (a) Persons
rendering gratuitous services in the case of an emergency.
14 (b) Persons
gratuitously administering ordinary nutritional or
15 hold remedies.
16 (c) The members
of any church practicing their religious tenets pro-
17 vided they shall not be exempt from
complying with all public health
18 regulations of the state.
19 (d) Students
while in actual classroom attendance in an accredited
20 healing arts school who after completing
(1) year's study treat diseases
21 under the supervision of a licensed
22 (e) Students upon
the completion of at least three
(3) years study
23 an accredited healing arts school and who,
as a part of their academic
24 requirements for a degree, serve a
preceptorship not to exceed
(90) 90 days under
the supervision of a licensed practitioner.
26 (f) Persons who
massage for the purpose of relaxation, muscle con-
27 ditioning, or figure improvement, provided
no drugs are used and such
28 persons do not hold themselves out to be
physicians or healers.
29 (g) Persons whose
professional services are performed under the su-
30 pervision or by order of or referral from a
practitioner who is licensed
31 under this act.
32 (h) Persons in
the general fields of psychology, education and social
33 work, dealing with the social,
psychological and moral well-being of in-
34 dividuals and/or groups provided they do
not use drugs and do not hold
35 themselves out to be the physicians,
surgeons, osteopathic physicians,
36 naturopathic physicians or
37 (i) Practitioners
of the healing arts in the United States army, navy,
38 air force, public health service, and coast
guard or other military service
39 when acting in the line of duty in this
40 (j) Practitioners
of the healing arts licensed in another state when and
41 while incidentally called into this state
in consultation with practitioners
42 licensed in this state, or residing on the
border of a neighboring state,
43 duly licensed under the laws thereof to
practice a branch of the healing
1 arts, but who do not open an office
or maintain or appoint a place to
2 regularly meet patients or to receive
calls within this state.
(k) Dentists practicing their professions, when licensed and
4 ing in accordance with the provisions
of article 14 of chapter 65 of the
5 Kansas Statutes Annotated, or
amendments thereto, and any interpreta-
6 tion thereof by the supreme court of
(l) Optometrists practicing their professions, when licensed
8 ticing under and in accordance with
the provisions of article 15 of chapter
9 65 of the Kansas Statutes Annotated,
or amendments thereto, and any
10 interpretation thereof by the supreme court
of this state.
11 (m) Nurses
practicing their profession when licensed and practicing
12 under and in accordance with the provisions
of article 11 of chapter 65
13 of the Kansas Statutes Annotated, or
amendments thereto, and any in-
14 terpretation thereof by the supreme court
of this state.
15 (n) Podiatrists
practicing their profession, when licensed and practic-
16 ing under and in accordance with the
provisions of article 20 of chapter
17 65 of the Kansas Statutes Annotated, or
amendments thereto, and any
18 interpretation thereof by the supreme court
of this state.
19 (o) Every act or
practice falling in the field of the healing art, not
20 specifically excepted herein, shall
constitute the practice thereof.
21 (p) Pharmacists
practicing their profession, when licensed and prac-
22 ticing under and in accordance with the
provisions of article 16 of chapter
23 65 of the Kansas Statutes Annotated, or
amendments thereto, and any
24 interpretation thereof by the supreme court
of this state.
25 (q) A dentist
licensed in accordance with the provisions of article 14
26 of chapter 65 of the Kansas Statutes
Annotated who administers general
27 and local anesthetics to facilitate medical
procedures conducted by a per-
28 son licensed to practice medicine and
surgery if such dentist is certified
29 by the board of healing arts under K.S.A.
65-2899, and amendments
30 thereto, to administer such general
and local anesthetics.
31 Sec. 12. K.S.A. 65-2872 and
65-2872a are hereby repealed.
32 Sec. 13. This act shall
take effect and be in force from and after its
33 publication in the Kansas register.