Session of 2000
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 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 state board of healing arts.
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, 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 body.
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 self-healing processes.
  5             (g) "Naturopathic physical medicine" means the therapeutic use of
  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 exercise.
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 naturopathic physicians:
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
35       electrocardiograms.
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 isotonic solutions.
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 and gynecology.
  2             New Sec.  5. Naturopathic physicians shall not:
  3             (a) Prescribe, dispense or administer any prescription drugs or con-
  4       trolled substances, except those natural medicines as authorized by this
  5       act.
  6             (b) Perform the taking of x-ray tests or electrocardiograms.
  7             (c) Perform surgical procedures.
  8             (d) Practice emergency medicine, except as a good samaritan ren-
  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
15       restrict:
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 practice.
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:
  3             (a) Establish fees for annual licensing of naturopathic physicians and
  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.
  8             (b) Maintain a roster of all licensed naturopathic physicians under
  9       this act which indicates:
10             (1) The name of the licensee.
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
26       education.
27             New Sec.  9. After January 1, 2002, the board shall issue a provisional
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, 2001.
  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
  9       state.
10             Sec.  11. K.S.A. 65-2872 is hereby amended to read as follows: 65-
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 house-
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 one (1) year's study treat diseases
21       under the supervision of a licensed instructor.
22             (e) Students upon the completion of at least three (3) years study in
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 ninety
25       (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 chiropractors.
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 state.
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.
  3             (k) Dentists practicing their professions, when licensed and practic-
  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 this state.
  7             (l) Optometrists practicing their professions, when licensed and prac-
  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.