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PRINTER'S NO. 618
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
621
Session of
2015
INTRODUCED BY COSTA, WHITE, ARGALL, SMITH, ALLOWAY, FONTANA,
TARTAGLIONE, RAFFERTY, AUMENT, McILHINNEY, WOZNIAK, YUDICHAK
AND MENSCH, MARCH 13, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 13, 2015
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.
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
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Section 401. Scope of practice.
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
Doctor 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
doctors 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 as a
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naturopathic doctor without a valid existing license to do
so.
(3) The General Assembly recognizes that naturopathic
doctors 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.
"Common diagnostic procedures." The use of venipuncture and
commonly used diagnostic imaging modalities consistent with
naturopathic practice, health history taking, physical
examination, radiography, laboratory medicine and examination of
body orifices excluding endoscopy.
"Department." The Department of State of the Commonwealth.
"Diagnostic imaging modalities." Includes all X-ray,
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mammography and ultrasound goods and services.
"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.
"Legend drug." A drug:
(1) limited by the Federal Food, Drug, and Cosmetic Act
(52 Stat. 1040, 21 U.S.C. § 301 et seq.) to being dispensed
by prescription; and
(2) the product label of which is required to contain
the following statement: "CAUTION: FEDERAL LAW PROHIBITS
DISPENSING WITHOUT A PRESCRIPTION."
"Naturopathic doctor." An individual who holds an active
license issued under this act.
"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 located anywhere in the human body, including, but
not limited to, bones, fascia, muscles, tendons, ligaments,
entheses, joint capsules, bursae, tendon sheaths, scar tissue
and visceral organs, by naturopathic doctors. The manual and
mechanical techniques include the use of oscillation, pressure
and sustained tension, traction, mobilization through
physiologic and extra-physiologic ranges of motion, passive
intrinsic mobility of all body joints, and repositioning of
displaced body tissues and organs.
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"Naturopathic physical medicine." The methods of treating
the body by means of electromagnetic energy, colon hydrotherapy,
therapeutic exercise and therapeutic use by naturopathic doctors
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, homeopathic remedies and
plant substances that are not designated as prescription drugs
or controlled substances.
"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
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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
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North American Board of Naturopathic Examiners that
administers the national naturopathic licensing examination.
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 of all of the following:
(1) The applicant is of good moral character.
(2) The applicant has completed a doctorate-level
naturopathic medical program approved by the board.
(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
has passed a naturopathic licensing examination of any state.
(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 10 years have elapsed from the date
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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 this Commonwealth or any other state or
foreign 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.--
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(1) A license shall be renewable on a biennial basis.
The biennial expiration date shall be established by
regulation of the board.
(2) Application for renewal of a license shall
biennially be forwarded by the board 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.
(2) Maintain current certification to administer
cardiopulmonary resuscitation.
(3) Successfully complete a minimum of 50 hours of
continuing education biennially. The continuing education
shall meet the following requirements:
(i) At least 10 hours shall be in pharmacology.
(ii) The program shall consist of study covering
new, review, experimental, research and specialty
subjects within the scope of practice of naturopathic
medicine in this Commonwealth.
(iii) Continuing education must be provided by one
of the following:
(A) A professional health care licensing agency,
hospital or institution accredited by the
Accreditation Council of Continuing Medical Education
(ACCME).
(B) A program sponsored by the American Council
of Pharmaceutical Education (ACPE).
(C) An accredited college or university.
(D) A professional association or organization
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representing a licensed profession whose program
objectives are related to naturopathic training.
(E) Any other provider providing a program
related to naturopathic education, if the provider
has submitted an application to and received approval
from the Pennsylvania Association of Naturopathic
Physicians or American Association of Naturopathic
Physicians.
(4) Pay a fee established by regulation of the board.
(c) Inactive status.--
(1) A licensee may request an application for inactive
status. The application form must be completed and returned
to the board.
(2) Upon receipt of an application, the board shall
place the license of the individual on inactive status
without fee and the individual shall be entitled to apply for
licensure renewal at any time.
(3) 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.
(4) The board shall promulgate regulations to carry into
effect the provisions of this subsection.
(d) Reporting of multiple licensure.--
(1) A licensee who is licensed to practice naturopathic
medicine in another jurisdiction shall report this
information to the board on the biennial registration
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application.
(2) 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.
(3) 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) Duty to maintain.--
(1) A licensed naturopathic doctor practicing in this
Commonwealth shall maintain a level of medical professional
liability insurance coverage in the minimum amount of
$1,000,000 per occurrence or claim made.
(2) Failure to maintain insurance coverage as required
shall subject the licensee to disciplinary proceedings.
(3) The board shall accept as satisfactory evidence of
insurance coverage any of the following:
(i) Self-insurance.
(ii) Personally purchased medical professional
liability insurance.
(iii) Medical professional liability insurance
coverage provided by the naturopathic doctor's employer
or similar insurance coverage acceptable to the board.
(b) Proof.--
(1) A license applicant shall provide proof that the
applicant has obtained medical professional liability
insurance in accordance with subsection (a). It is sufficient
if the applicant files with the application a copy of a
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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 in this
Commonwealth.
(2) 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 shall 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
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consistent with naturopathic education and training the
following:
(i) Naturopathic therapies.
(ii) Naturopathic physical medicine.
(iii) Devices, including therapeutic devices,
durable medical equipment and barrier contraception,
except those that require surgical intervention.
(iv) Health education and health counseling.
(v) Behavioral medicine.
(vi) Botanical medicine.
(vii) Naturopathic musculoskeletal therapy.
(viii) Homeopathic medicine.
(4) Utilize routes of administration that include oral,
nasal, auricular, ocular, rectal, vaginal, transdermal,
intradermal, subcutaneous and intramuscular.
(b) Prescriptions.--All prescriptions must be hand-printed,
typewritten or generated electronically.
(c) Prohibitions.--A naturopathic doctor licensed under this
act shall not:
(1) Prescribe, dispense or administer any legend drug.
(2) Perform surgical procedures.
(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 chiropractic adjustments, including grade
five mobilization and manipulation, unless licensed as a
chiropractor by the Commonwealth.
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(7) Perform acupuncture, unless licensed as an
acupuncturist by the Commonwealth.
(8) Perform physical therapy, as defined in the act of
October 10, 1975 (P.L.383, No.110), known as the Physical
Therapy Practice Act, unless licensed as a physical therapist
by the Commonwealth.
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.
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(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
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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.--
(1) The board shall temporarily suspend a license under
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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.
(2) Subsection (c) shall not apply to temporary
suspension.
(3) 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.
(4) 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.
(5) If it is determined that there is not a prima facie
case, the suspended license shall be immediately restored.
(6) A 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.
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(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
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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
collected 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.
(4) The use, recommendation or practice by an individual
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not licensed by the board as a naturopathic doctor, of
traditional naturopathy, naturopathic therapies, naturopathic
health care, naturopathic services, natural remedies,
ayurvedic medicine, herbal remedies, food and dietary
supplements, nutritional advice, homeopathy and homeopathic
remedies, hydrotherapy and therapeutic exercises or any other
complementary and alternative healing methods and treatments
that may be components of naturopathic medicine, provided the
individual does not hold himself out as a naturopathic doctor
or as a provider of naturopathic medicine.
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. An individual represents
himself as a naturopathic doctor when that person adopts or uses
any title or any description of services that incorporates one
or more of the following terms or designations:
(1) naturopathic doctor or N.D.; or
(2) doctor of naturopathic medicine, naturopathic
medical doctor or N.M.D.
(b) Title.--An individual who holds a license or is
maintained on inactive status may use the title "Naturopathic
Doctor" and the abbreviation "N.D." or "N.M.D." No other
individual may use the title "Naturopathic Doctor" 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,
doctor of naturopathic medicine, naturopathic medicine or a
derivative of those terms and their related abbreviations.
(c) Employment.--An individual, corporation, partnership,
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firm or other entity may not employ an individual as a
naturopathic doctor 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, doctor of naturopathic medicine,
naturopathic medicine or a derivative of those terms and their
related abbreviations 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
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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.
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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.
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