THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUSTIO, MAHER, BEAR, KILLION, CUTLER, DENLINGER, FLECK, FREEMAN, GEIST, MARSHALL, MUNDY, NEUMAN AND WHITE, JUNE 23, 2011

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 23, 2011  

AN ACT

Relating to the right to practice naturopathic medicine;

providing for the issuance of licenses and the suspension and

revocation of licenses; providing for penalties; and making

repeals.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Declaration of policy.

Section 103.  Definitions.

Chapter 2.  State Board of Medicine

Section 201.  Declaration of purpose.

Section 202.  Naturopathic medical education.

Section 203.  Naturopathic Formulary Committee.

Chapter 3.  Licensure

Section 301.  Qualifications for licensure.

Section 302.  License status and continuing education.

Section 303.  Liability Insurance.

Section 304.  Reciprocity.

Chapter 4.  Practice of Naturopathic Medicine

Section 401.  Scope of practice.

Section 402.  Authority to use, prescribe, dispense and order.

Chapter 5.  Administration and Enforcement

Section 501.  Refusal, suspension and revocation of licenses.

Section 502.  Reinstatement of license.

Section 503.  License renewal; records and fees.

Section 504.  Duty of licensee.

Section 505.  Other professions.

Section 506.  Unlawful practice.

Section 507.  Violation of act.

Chapter 6.  Miscellaneous Provisions

Section 601.  Regulations.

Section 602.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Naturopathic

Physician Practice Act.

Section 102.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  The practice of naturopathic medicine in this

Commonwealth is declared to affect the public health, safety

and welfare and to be subject to regulation and control in

the public interest.

(2)  It is a matter of public interest that naturopathic

physicians and the practice of naturopathic medicine merit

the confidence of the public, that only qualified persons be

authorized to practice naturopathic medicine in this

Commonwealth and that no person shall practice naturopathic

medicine without a valid existing license to do so.

(3)  The General Assembly recognizes that naturopathic

physicians comprise a distinct health care profession that

affects the public health, safety and welfare and increases

freedom of choice in health care.

(4)  This act shall be liberally construed to best carry

out these subjects and purposes.

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Behavioral medicine."  Techniques including biofeedback,

relaxation training, hypnosis, mindfulness-based stress

reduction and cognitive therapy.

"Board."  The State Board of Medicine.

"Botanical medicine."  A system of medicine employing

naturally occurring substances derived from plants in the

prevention and treatment of disease.

"Bureau."  The Bureau of Professional and Occupational

Affairs of the Commonwealth.

"Commissioner."  The Commissioner of Professional and

Occupational Affairs of the Commonwealth.

"Committee."  The Naturopathic Formulary Committee within the

Pennsylvania State Board of Medicine.

"Common diagnostic procedures."  The use of venipuncture and

commonly used diagnostic modalities consistent with naturopathic

practice, health history taking, physical examination,

radiography, examination of body orifices excluding endoscopy,

laboratory medicine and obtaining samples of human tissues, but

excluding incision or excision beyond that which is authorized

as a minor office procedure.

"Department."  The Department of State of the Commonwealth.

"Homeopathic medicine."  A system of medicine employing

substances of animal, vegetable or mineral origin which are

given in microdosage in the prevention and treatment of disease.

"Minor office procedures."  Methods for the repair and care

incidental to superficial lacerations and abrasions. The use of

antiseptics and local anesthetics in connection with these

methods is permitted.

"Naturopathic doctor."  A person who holds an active license

issued under this chapter.

"Naturopathic medicine."  A system of primary health care

practiced by doctors of naturopathic medicine for the

prevention, diagnosis and treatment of human health conditions,

injuries and diseases and that uses education, natural medicines

and therapies to support and stimulate the individual's

intrinsic self-healing processes.

"Naturopathic musculoskeletal therapy."  The treatment by

manual and other mechanical means of all body tissues and

structures, including, but not limited to, bones, fascia,

muscles, tendons, ligaments, entheses, joint capsules, bursae,

tendon sheaths, scar tissue and visceral organs by naturopathic

doctors. These may be located anywhere in the human body,

including, but not limited to, the spine, cranium,

thoracoabdominal cavity and extremities. These manual and

mechanical techniques involve the use of oscillation, thrust,

pressure and sustained tension, including traction, mobilization

through physiologic and extra-physiologic ranges of motion,

including passive intrinsic mobility of all body joints, and

repositioning of displaced body tissues and organs.

"Naturopathic physical medicine."  The methods of treating

the body by means of electromagnetic energy, colon hydrotherapy,

therapeutic exercise and therapeutic use by naturopathic

physicians of the physical agents of air, water, heat, cold,

sound, light and the physical modalities and procedures,

including, but not limited to, hydrotherapy, electrotherapy,

magnetic therapy, diathermy, ultrasound, ultraviolet, infrared

and low-level laser light, therapeutic exercise, neural therapy

and myofascial trigger point therapy.

"Naturopathic therapies."  Methods used in the treatment of

an individual which include, but are not limited to,

hydrotherapy, topical medicines, foods, food extracts, vitamins,

amino acids, minerals, enzymes, dietary supplements, over-the-

counter medications and nonprescription drugs as defined by the

Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §

301 et seq.), homeopathic remedies and plant substances that are

not designated as prescription drugs or controlled substances

and prescription drugs, that:

(1)  the prescription of which is consistent with the

competent practice of naturopathic medicine; and 

(2)  the prescription of which is limited to

antimicrobials and bio-identical hormones.

"Superficial."  Refers to lacerations, abrasions, benign

lesions, foreign bodies and wounds which involve the skin,

mucosa and subcutaneous tissue to a depth of the deep

superficial fascia, and which do not involve vital deep

structure such as major nerves, major tendons, major blood

vessels and bone or viscera.

"Topical medicines."  Topical analgesics, anesthetics,

antiseptics, scabicides, antifungals and antibacterials.

CHAPTER 2

STATE BOARD OF MEDICINE

Section 201.  Declaration of purpose.

The board shall enforce and administer the provisions of this

act and shall adopt rules that are consistent with the intent of

this act.

Section 202.  Naturopathic medical education.

The board shall approve a naturopathic medical education

program accredited by the Council on Naturopathic Medical

Education or an equivalent federally recognized accrediting body

for the naturopathic medical profession that has the following

minimum requirements:

(1)  Admission requirements that include a minimum of

three-quarters of the credits required for a bachelor's

degree from a regionally accredited or preaccredited college

or university or the equivalency, as determined by the

council.

(2)  Program requirements for its degree or diploma of a

minimum of 4,100 total hours in basic and clinical sciences,

naturopathic philosophy, naturopathic modalities and

naturopathic medicine. Of the total requisite hours, not less

than 2,500 hours shall consist of academic instruction, and

not less than 1,200 hours shall consist of supervised

clinical training approved by the naturopathic medical

school.

(3)  A naturopathic medical education program in the

United States shall offer graduate-level, full-time studies

and training leading to the degree of Doctor of Naturopathy

or Doctor of Naturopathic Medicine. The program shall be an

institution or part of an institution of higher education

that is either accredited or is a candidate for accreditation

by a regional institutional accrediting agency recognized by

the United States Secretary of Education and the Council on

Naturopathic Medical Education, or an equivalent federally

recognized accrediting body for naturopathic doctor

education.

(4)  To qualify as an approved naturopathic medical

school, a naturopathic medical program located in Canada or

the United States shall offer a full-time, doctoral-level,

naturopathic medical education program with its graduates

being eligible to apply to the board for licensure and to the

North American Board of Naturopathic Examiners that

administers the naturopathic licensing examination.

Section 203.  Naturopathic Formulary Committee.

The board shall establish the Naturopathic Formulary

Committee to determine a naturopathic formulary based upon a

review of naturopathic medical education and training:

(1)  The committee shall be composed of the following

members:

(i)  Two naturopathic doctors, licensed by this act,

to be appointed by the board.

(ii)  One member of the board of medicine, to be

appointed by the board of medicine.

(iii)  The Secretary of Health or a physician

appointed by the Secretary of Health.

(iv)  One pharmacist licensed by the State Pharmacy

Board, to be appointed by the State Pharmacy Board.

(v)  One additional member, who holds an advanced

degree in either pharmacology or pharmacognosy, appointed

by the board.

(2)  The chair of the council shall be elected by a

majority of the council members.

(3)  The committee shall review naturopathic education,

training and practice and make specific recommendations

regarding the prescribing, ordering and furnishing authority

of a naturopathic doctor.

(4)  The board shall make recommendations to the General

Assembly no later than January 1, 2014, regarding the

prescribing and furnishing authority of a naturopathic

doctor. The committee and the board shall consult with

physicians, surgeons, pharmacists and licensed naturopathic

doctors in developing the findings and recommendations

submitted to the General Assembly.

CHAPTER 3

LICENSURE

Section 301.  Qualifications for licensure.

(a)  Applicants.--An applicant shall be considered to be

qualified for a license if the applicant submits proof

satisfactory to the board all of the following:

(1)  The applicant is of good moral character.

(2)  The applicant has completed a doctorate-level

naturopathic medical program which is accredited or from an

accredited college recognized by the United States Department

of Education.

(3)  The applicant has passed a competency-based national

naturopathic licensing examination administered by the North

American Board of Naturopathic Examiners or successor agency

that has been nationally recognized to administer a

naturopathic examination that represents Federal standards of

education and training, or has graduated prior to 1986, and

yet has passed a State naturopathic licensing examination.

(4)  The application is accompanied by the application

fee as established by the board by regulation.

(5)  The applicant is not addicted to the habitual use of

alcohol, narcotics or other habit-forming drugs.

(6)  (i)  The applicant has not been convicted of a

felony under the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act, or of an offense under the laws of another

jurisdiction which, if committed in this Commonwealth,

would be a felony under The Controlled Substance, Drug,

Device and Cosmetic Act, unless the following apply:

(A)  At least ten years have elapsed from the

date of conviction.

(B)  The applicant satisfactorily demonstrates to

the board that the applicant has made significant

progress in personal rehabilitation since the

conviction and that licensure of the applicant should

not be expected to create a substantial risk of harm

to the public or a substantial risk of further

criminal violations.

(C)  The applicant otherwise satisfies the

qualifications required under this act.

(ii)  As used in this paragraph, the term "convicted"

includes a judgment, admission of guilt or a plea of nolo

contendere or receiving probation without verdict,

disposition in lieu of trial or an accelerated

rehabilitative disposition of the disposition of felony

charges.

(7)  The applicant has not been convicted of an offense

under the laws of another jurisdiction which, if committed in

this Commonwealth, would constitute a sexual offense or a

felony. Compliance with this paragraph must be documented by

a report of criminal history record information from the

Pennsylvania State Police or by a statement from the

Pennsylvania State Police that its central repository

contains no information relating to the applicant. The costs

associated with the report or statement shall be paid by the

applicant.

(b)  Transferability.--A license and a temporary practice

permit are not transferable.

Section 302.  License status and continuing education.

(a)  Duration of license.--A license shall be renewable on a

biennial basis. The biennial expiration date shall be

established by regulation of the board. Application for renewal

of a license shall biennially be forwarded to an individual

holding a current license prior to the expiration date of the

current renewal biennium.

(b)  Procedure.--To renew a license, a licensee must do all

of the following:

(1)  File a renewal application with the board. The

license must provide all of the following:

(i)  Current certification to administer

cardiopulmonary resuscitation.

(ii)  Successful completion of a minimum of 40 hours

of continuing education in the field of naturopathic

medicine during the immediately preceding two years as

approved by the board.

(2)  Pay a fee established by regulation of the board.

(c)  Inactive status.--A licensee may request an application

for inactive status. The application form must be completed and

returned to the board. Upon receipt of an application, the

individual shall be maintained on inactive status without fee

and shall be entitled to apply for licensure renewal at any

time. An individual who requests the board to activate the

individual's license and who has been on inactive status for a

period of five consecutive years must, prior to receiving an

active license, satisfy the requirements of the board's

regulations for ensuring continued education, including holding

current certification to administer cardiopulmonary

resuscitation and remitting the required fee. The board shall

promulgate regulations to carry into effect the provisions of

this subsection.

(d)  Reporting of multiple licensure.--A licensee who is also

licensed to practice naturopathic medicine in another

jurisdiction shall report this information to the board on the

biennial registration application. Any disciplinary action taken

in another jurisdiction shall be reported to the board on the

biennial registration application or within 90 days of final

disposition, whichever is sooner. Multiple licensures shall be

noted by the board on the licensee's record, and the other

licensing jurisdiction shall be notified by the board of any

disciplinary actions taken against the licensee in this

Commonwealth.

Section 303.  Liability insurance.

(a)  General rule.--A licensed naturopathic doctor practicing

in this Commonwealth shall maintain a level of professional

liability insurance coverage in the minimum amount of $1,000,000

per occurrence or claims made. Failure to maintain insurance

coverage as required shall subject the licensee to disciplinary

proceedings. The board shall accept from a naturopathic doctor

as satisfactory evidence of insurance coverage of any of the

following:

(1)  self-insurance;

(2)  personally purchased liability insurance; or

(3)  professional liability insurance coverage provided

by the naturopathic doctor's employer or similar insurance

coverage acceptable to the board.

(b)  Proof.--A license applicant shall provide proof that the

applicant has obtained professional liability insurance in

accordance with paragraph (a). It is sufficient if the applicant

files with the application a copy of a letter from the

applicant's professional liability insurance carrier indicating

that the applicant will be covered against professional

liability in the required amounts effective upon the issuance of

the applicant's license to practice naturopathy in this

Commonwealth. Upon issuance of the license, the licensee has 30

days to submit to the board the certificate of insurance or a

copy of the policy declaration page.

Section 304.  Reciprocity.

The board has the power to grant a reciprocal license to an

applicant who is licensed or certified as a naturopathic doctor

or similar practice in another state and has demonstrated

qualifications which equal or exceed those required under this

act in the determination of the board. No license shall be

granted under this section to an applicant unless the state in

which the applicant is licensed affords reciprocal treatment to

individuals who are residents of this Commonwealth and who are

licensed under this act.

CHAPTER 4

PRACTICE OF NATUROPATHIC MEDICINE

Section 401.  Scope of practice.

(a)  Scope.--The following are deemed to be within the scope

of practice for a naturopathic doctor:

(1)  Order and perform physical and laboratory

examinations consistent with naturopathic education and

training, for diagnostic purposes, utilizing common

diagnostic procedures.

(2)  Order diagnostic imaging studies consistent with

naturopathic training.

(3)  Dispense, administer, order, prescribe or perform

the following:

(i)  Naturopathic therapies.

(ii)  Naturopathic physical medicine.

(iii)  Devices, including therapeutic devices,

barrier contraception and durable medical equipment.

(iv)  Health education and health counseling.

(vi)  Behavioral medicine.

(vii)  Naturopathic musculoskeletal therapy.

(4)  Utilize routes of administration that include oral,

nasal, auricular, ocular, rectal, vaginal, transdermal,

intradermal, subcutaneous and intramuscular.

(b)  Prohibitions.--A naturopathic doctor licensed under this

act shall not:

(1)  Prescribe, dispense or administer any controlled

substance or device identified in the Controlled Substances

Act (Public Law 91-513, 84 Stat. 1236), except as authorized

by this act.

(2)  Perform surgical procedures except those minor

office procedures authorized by this act.

(3)  Practice or claim to practice as any other licensed

health care professional not authorized in this act unless

licensed as such.

(4)  Use general or spinal anesthetics.

(5)  Administer ionizing radioactive substances for

therapeutic purposes.

(6)  Perform surgical procedures using a laser device.

(7)  Perform surgical procedures involving the eye, ear,

tendons, nerves, veins or arteries extending beyond

superficial tissue.

(8)  Perform chiropractic adjustments or musculoskeletal

manipulation, unless licensed as a chiropractor by the

Commonwealth.

(9)  Perform acupuncture, unless licensed as an

acupuncturist by the Commonwealth.

Section 402.  Authority to use, prescribe, dispense and order.

(a)  General rule.--Naturopathic medical practice includes

the prescription, administration, dispensing and use of any of

the following:

(1)  nutrition and food science, physical modalities,

minor office procedures, homeopathy and hygiene;

(2)  nondrug contraceptive devices;

(3)  nonprescription medicines including vitamins,

minerals, botanical medicines, homeopathic medicines and

hormones; or

(4)  prescription drugs to include antimicrobials and

bio-identical hormones.

(b)  Prescriptions.--All prescriptions must be hand-printed,

typewritten or generated electronically.

CHAPTER 5

ADMINISTRATION AND ENFORCEMENT

Section 501.  Refusal, suspension and revocation of licenses.

(a)  Grounds.--The board may refuse, suspend, revoke, limit

or restrict a license or reprimand a licensee for any of the

following:

(1)  Being convicted under Federal law, under the law of

any state or under the law of any foreign jurisdiction of an

offense of moral turpitude or of an offense which, if

committed in this Commonwealth, would constitute a sexual

offense or a felony. As used in this paragraph, the term

"convicted" includes a finding or verdict of guilt, an

admission of guilt or a plea of nolo contendere or receiving

probation without verdict, disposition in lieu of trial or an

accelerated rehabilitative disposition in the disposition of

felony charges.

(2)  Being found to have engaged in immoral or

unprofessional conduct. In proceedings based on this

paragraph, actual injury to the patient need not be

established. As used in this paragraph, the term

"unprofessional conduct" includes:

(i)  a departure from or failure to conform to the

standards of acceptable and prevailing practice; and

(ii)  sexual exploitation of a patient.

(3)  Violating standards of professional practice or

conduct adopted by the board.

(4)  Presenting false credentials or documents or making

a false statement of fact in support of the applicant's

application for a license.

(5)  Submitting a false or deceptive biennial renewal to

the board.

(6)  Having a license suspended, revoked or refused or

receiving other disciplinary action by the proper licensing

authority of any other jurisdiction.

(7)  Violating a regulation promulgated by the board,

including standards of professional practice and conduct or

violating an order of the board previously entered in a

disciplinary proceeding.

(8)  Failing to refer a patient to a physician when the

patient is presenting a contradiction to naturopathic

medicine.

(9)  Incompetence, negligence or misconduct in carrying

out the practice of naturopathic medicine.

(10)  Practicing beyond the licensee's defined scope of

practice.

(11)  Knowingly aiding, assisting, hiring or advising

someone in the unlawful practice of naturopathic medicine.

(12)  Being unable to practice with reasonable skill and

safety by reason of illness, drunkenness, excessive use of

drugs, narcotics, chemicals or any other type of material, or

as a result of any mental or physical condition. In enforcing

this paragraph, the board, upon probable cause, has authority

to compel a licensee to submit to a mental or physical

examination by a physician approved by the board. Failure of

a licensee to submit to an examination when directed by the

board, unless the failure is due to circumstances beyond the

licensee's control, shall constitute an admission of the

allegations against the licensee, consequent upon which a

default and final order may be entered without the taking of

testimony or presentation of evidence. A licensee affected

under this paragraph shall, at reasonable intervals as

determined by the board, be afforded an opportunity to

demonstrate that the licensee can resume competent practice

with reasonable skill and safety.

(b)  Board action.--If the board finds that the license or

application for license may be refused, revoked, restricted or

suspended under the terms of subsection (a), the board may do

any of the following:

(1)  Deny the application for license.

(2)  Administer a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict a

license.

(4)  Require a licensee to submit to the care, counseling

or treatment of a physician designated by the board.

(5)  Restore a suspended license and impose any

disciplinary or corrective measure which it might originally

have imposed.

(c)  Administrative Agency Law.--Actions of the board under

subsections (a) and (b) are subject to 2 Pa.C.S. Chs. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action).

(d)  Temporary suspension.--The board shall temporarily

suspend a license under circumstances as determined by the board

to be an immediate and clear danger to the public health and

safety. The board shall issue an order to that effect without a

hearing, but upon notice to the licensee concerned at the

licensee's last known address, which must include a written

statement of all allegations against the licensee. Subsection

(c) shall not apply to temporary suspension. Upon issuance of an

order under this subsection, the board shall commence formal

action to suspend, revoke or restrict the license as otherwise

provided for in this act. All actions shall be taken promptly.

Within 30 days following the issuance of an order temporarily

suspending a license, the board shall conduct a preliminary

hearing to determine that there is a prima facie case supporting

the suspension. The licensee whose license has been temporarily

suspended may be present at the preliminary hearing and may be

represented by counsel, cross-examine witnesses, inspect

physical evidence, call witnesses, offer evidence and testimony

and make a record of the proceedings. If it is determined that

there is not a prima facie case, the suspended license shall be

immediately restored. The temporary suspension shall remain in

effect until vacated by the board, but in no event longer than

180 days.

(e)  Automatic suspension.--

(1)  A license shall automatically be suspended upon the

legal commitment of a licensee to an institution because of

mental incompetence from any cause upon filing with the board

a certified copy of the commitment.

(2)  A license shall automatically be suspended upon

conviction of a felony under the act of April 14, 1972 (P.L.

233, No. 64), known as The Controlled Substance, Drug, Device

and Cosmetic Act, or conviction of an offense under the laws

of another jurisdiction, which, if committed in this

Commonwealth, would be a felony under The Controlled

Substance, Drug, Device and Cosmetic Act. As used in this

paragraph, the term "conviction" includes a judgment, an

admission of guilt or a plea of nolo contendere.

(3)  Automatic suspension under this section shall not be

stayed pending an appeal.

(4)  Reinstatement of a license shall be made under

section 502.

(5)  Subsection (c) shall not apply to automatic

suspension.

Section 502.  Reinstatement of license.

Unless ordered to do so by a court of competent jurisdiction,

the board shall not reinstate the license of an individual which

has been revoked. An individual whose license has been revoked

may reapply for a license after a period of at least five years

but must meet all of the licensing requirements of this act.

Section 503.  License renewal, records and fees.

(a)  Records.--A record of all licensees shall be kept in the

office of the board and shall be open to public inspection and

copying upon payment of a reasonable fee for copying the record.

(b)  Fees.--

(1)  All fees required under this act shall be fixed by

the board by regulation. If the revenue raised by fees, fines

and civil penalties imposed under this act are not sufficient

to meet expenditures over a two-year period, the board shall

increase those fees by regulation so that the projected

revenues will meet or exceed projected expenditures.

(2)  If the bureau determines that the fees established

by the board under paragraph (1) are inadequate to meet the

minimum enforcement efforts required by this act, the bureau,

after consultation with the board, shall increase the fees by

regulation in an amount so that adequate revenues are raised

to meet the required enforcement effort.

Section 504.  Duty of licensee.

A licensee shall refer a patient to a physician when the

patient is presenting a contraindication to the practice of

naturopathic medicine.

Section 505.  Other professions.

Nothing in this act shall be construed as preventing,

restricting or requiring licensure of any of the following

activities:

(1)  The practice of a profession by an individual who is

licensed, certified or registered by a Commonwealth agency

under other law and who is performing services or advertising

within the authorized scope of practice.

(2)  The practice of naturopathic medicine by an

individual employed by the Federal Government while the

individual is engaged in the performance of duties under

Federal law.

(3)  The practice of naturopathic medicine by an

individual licensed, registered or certified in another

jurisdiction when incidentally called into this Commonwealth

to teach a course related to the practice of naturopathic

medicine or to consult with a licensee.

Section 506.  Unlawful practice.

(a)  General rule.--An individual may not practice

naturopathic medicine or hold himself out as a naturopathic

doctor unless licensed by the board.

(b)  Title.--An individual who holds a license or is

maintained on inactive status may use the title "Licensed

Naturopathic Doctor" and "Licensed Naturopathic Physician" and

the abbreviation "N.D." or "N.M.D." No other individual may use

the title "Licensed Naturopathic Doctor" or "Licensed

Naturopathic Physician" or hold himself out to others as a

naturopathic doctor. This subsection includes advertising as a

naturopathic doctor and adopting or using any title or

description, including naturopathic doctor, naturopathic

physician, naturopath, doctor of naturopathic medicine,

naturopathic health care, naturopathic medicine or a derivative

of those terms and their related abbreviations, which implies

directly or indirectly that naturopathic services are being

provided.

(c)  Employment.--An individual, corporation, partnership,

firm or other entity may not employ an individual in

naturopathic medicine unless the individual is licensed by the

board.

(d)  Terminology.--A business entity may not utilize in

connection with a business name or activity the words

naturopathic doctor, naturopath, doctor of naturopathic

medicine, naturopathic health care, naturopathic medicine or a

derivative of those terms and their related abbreviations, which

imply directly or indirectly that naturopathic services are

being provided, unless the services of the business are provided

by licensees.

(e)  Injunction.--Unlawful practice may be enjoined by the

courts upon petition of the commissioner or the board. In a

proceeding under this section, it shall not be necessary to show

that an individual has been injured. If the court finds that the

respondent has violated this section, it shall enjoin the

respondent from practicing until the respondent has been

licensed. Procedure in such cases shall be the same as in any

other injunction suit.

(f)  Remedy cumulative.--The injunctive remedy provided in

this section shall be in addition to any other civil or criminal

prosecution and punishment.

Section 507.  Violation of act.

(a)  General rule.--A person that violates a provision of

this act or a regulation of the board commits a misdemeanor of

the third degree and shall, upon conviction, be sentenced to pay

a fine of not more than $1,000 or to imprisonment for not more

than six months for the first violation and to pay a fine of not

more than $2,000 or to imprisonment for not less than six months

or more than one year, or both, for each subsequent violation.

(b)  Civil penalty.--In addition to any other civil remedy or

criminal penalty provided for in this act, the board, by a vote

of the majority of the maximum number of the authorized

membership of the board or by a vote of the majority of the

qualified and confirmed membership or a minimum of five members,

whichever is greater, may levy a civil penalty of up to $1,000

on any of the following:

(1)  A naturopathic doctor who violates a provision of

this act.

(2)  A person who employs a naturopathic doctor in

violation of this act.

(3)  An individual who holds himself out as a licensee

without being properly licensed as provided in this act.

(4)  The responsible officers or employees of a

corporation, partnership, firm or other entity that violates

a provision of this act.

(c)  Administrative Agency Law.--Action of the board under

subsection (b) is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating

to practice and procedure of Commonwealth agencies) and 7 Subch.

A (relating to judicial review of Commonwealth agency action).

CHAPTER 6

MISCELLANEOUS PROVISIONS

Section 601. Regulations.

The board shall promulgate regulations to carry out this act.

Publication of the final-form regulations under this section

shall take place within 18 months of the effective date of this

section. The board shall report, within 60 days of the effective

date of this section, and every 30 days thereafter, on the

status of the regulations to the Consumer Protection and

Professional Licensure Committee of the Senate and the

Professional Licensure Committee of the House of

Representatives.

Section 602.  Effective date.

This act shall take effect as follows:

(1)  Chapter 2 and this chapter shall take effect

immediately.

(2)  The remainder of this act shall take effect in two

years.