PETITION OF:

Chapter 13 of the General Laws is hereby amended by adding the following section:

Section 95: There shall be within the Division of Professional Licensure a board of registration in naturopathy, hereinafter referred to as the board, which shall be comprised of 9 members as follows:

a) Five members shall be naturopathic doctors appointed by the Governor, who shall have a minimum of 5 years of experience in the practice of naturopathic health care and who shall be licensed or eligible for licensure as naturopathic doctors pursuant to the provisions of section two hundred thirty of chapter one hundred twelve;

b) One member shall be a physician, appointed by the Governor, who shall be duly licensed to practice medicine in the Commonwealth of Massachusetts by the board of registration in medicine pursuant to section 2 of chapter 112 and have experience working with naturopathic doctors;

c) One member shall be a clinical pharmacologist, appointed by the Governor;

d) The chairman of the Board of Registration in Medicine established by section 10 of this chapter or his or her designee; and

e) The commissioner of the Department of Public Health, or his or her designee.

Of the first board members appointed, 3 shall serve for a term of 1 year, 3 shall serve for a term of 2 years, and the remaining 3 shall serve for terms of 3 years. Thereafter, members shall serve for a term of 3 years. Upon the expiration of a term of office, a board member shall continue to serve until a successor shall have been appointed and qualified. No member of the board shall serve for more than 2 consecutive terms, except that any person who is chosen to complete the unexpired term of a prior board member may serve for 2 consecutive terms in addition to the unexpired term of the board member he or she succeeded. Any member of the board may be removed by the governor for neglect of duty, misconduct, or malfeasance or misfeasance in the office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon.

The board shall, at its first meeting and annually thereafter, elect from its membership a chairperson and a secretary. Such officers shall serve until their successors have been elected and qualified.

The board shall meet at least 4 times annually and may hold additional meetings at the call of the chairperson or upon the request of 4 or more members of the board. A quorum for the conduct of official business shall consist of at least 5 members present. Board members shall serve without compensation, but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

SECTION 2. Chapter 112 of the General Laws is hereby amended by adding the following 8 sections:

Section 227: The following words shall, unless the context clearly provides otherwise, have the following meanings:

“Approved naturopathic medical college”, a college or program granting the degree of doctor of naturopathic medicine or doctor of naturopathy that is approved by the board and which is accredited or is a candidate for accreditation by an accrediting agency recognized by the United States Department of Education. The naturopathic doctoral program shall further be accredited or be a candidate for accreditation by the Council on Naturopathic Medical Education, or its successor.

“Board”, the board of registration in naturopathy as established under section 95 of chapter 13.

“Homeopathic preparations”, medicines prepared according to the Homeopathic Pharmacopoeia of the United States.

“Naturopathic health care”, a system of health care practices for the prevention, evaluation and treatment of illnesses, injuries and/or conditions of the human body through the use of education, nutrition, natural medicines and therapies and other modalities which are designed to support, stimulate or supplement the human body’s own natural self-healing processes.

“Naturopathic manipulative therapy”, the manually administered mechanical treatment of body structures or tissues, in accordance with naturopathic principles, for the purpose of restoring normal physiological function of the human body.

“Naturopathic physical medicine”, the therapeutic use of the physical agents of air, water, heat, cold, sound, light and electromagnetic non-ionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic manipulative therapy and therapeutic exercise.

“Naturopathic doctor”, a person who is duly registered by the board to practice naturopathic health care in the Commonwealth pursuant to sections 227 through 235 of chapter 112.

“Person”, an individual, but not a partnership, corporation, association or business organization of any kind.

Section 228: Naturopathic health care is a system of health care practices for the prevention, evaluation and treatment of illnesses, injuries and/or conditions of the human body through the use of education, nutrition, natural medicines and therapies and other modalities which are designed to support, stimulate or supplement the human body’s own natural self-healing processes.

a) The practice of naturopathic health care shall include, but shall not necessarily be limited to:

1) The prevention and treatment of human illness, injury or disease through education, dietary or nutritional advice and the promotion of healthy ways of living;

2) The use of physical examinations and the ordering of clinical, laboratory and radiological diagnostic procedures from licensed clinics or laboratories for the purpose of evaluating injuries, illnesses or conditions in the human body;

3) Dispensing, administering, ordering and/or prescribing natural medicines of mineral, animal or botanical origin such as food products or extracts, vitamins, minerals, enzymes, digestive aids, natural hormones, plant substances, homeopathic preparations, natural antibiotics and/or topical medicines and non-prescription drugs, therapeutic devices and barrier contraceptives for the purpose of preventing or treating illnesses, injuries or conditions of the human body:

4) The use of manual mechanical manipulation of body structures or tissues, in accordance with naturopathic principles; the use of physical agents or modalities such as air, water, heat, cold, light, electromagnetic non-ionizing radiation, electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy and therapeutic exercise for the purpose of maintaining or restoring normal physiological functioning of the human body;

5) Mandatory tracking and/or documentation of the immunization status of each patient under 18 years of age and required referral of such a patient to a primary care or collaborative care physician where evidence exists that the individual has not been immunized.

b) The practice of naturopathic health care shall not include:

1) The performance of surgery, administering of therapeutic ionizing radiation, radioactive substances, general or spinal anesthesia or abortions;

2) The prescribing, dispensing or administration of any drug classified as a controlled substance under chapter 94C;

3) The practice of acupuncture and Traditional Oriental Medicine;

4) The practice of emergency medicine, except as a Good Samaritan rendering gratuitous services in the case of an emergency or for the care of minor injuries.

c) Nothing in this chapter shall be construed to prohibit or to restrict:

1) Any person who is licensed, certified or registered to practice a profession or occupation under any other law of this state from engaging in activities which are within the lawful scope of practice for the profession or occupation for which he is licensed;

2) The practice of naturopathic health care by any person employed by the government of the United States if that person engages in such practice of naturopathic health care in the course of his performance of his duties as an employee of the government of the United States;

3) The practice of naturopathic health care by students enrolled in an approved naturopathic medical college, provided that the performance of all such services shall be pursuant to a course of instruction or assignments from and under the supervision of an instructor who is duly licensed as a naturopathic doctor pursuant to this chapter, or a duly licensed professional in the field in which he or she is providing instruction;

4) Any person from treating himself or a member of his immediate family based on religious or health beliefs;

5) Any person who sells vitamins and herbs from providing information about his products;

6) Any person or practitioner who is not licensed as a naturopathic doctor pursuant to this act from recommending ayurvedic medicine, herbal remedies, nutritional advice, homeopathy or any other therapy that is within the scope of practice of naturopathic doctors as outlined in this act, as long as that person or practitioner does not represent himself or hold himself out to the public as being licensed to practice naturopathic health care in the Commonwealth or otherwise use any name, title or other designation which indicates or implies that he or she has been licensed or otherwise approved to practice any form of naturopathic health care by any governmental body.

d) Naturopathic doctors licensed pursuant to this act shall have the same authority and responsibilities as licensed physicians regarding public health laws, reportable diseases and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations and local boards of health, except that the authority of licensed naturopathic doctors regarding such matters shall be limited to the scope of practice authorized by sections 227 through 235, inclusive.

Section 229: The board shall have the following powers and duties:

a) To adopt and promulgate such rules and regulation governing the licensure of naturopathic doctors and the practice of naturopathic health care as may be necessary to promote the public health, welfare and safety of citizens of the Commonwealth, including but not limited to:

1) Regulations governing the activities of naturopathic medical assistants;

2) Requirements, for specialty practice by licensed naturopathic doctors; and

3) Continuing education requirements for the renewal of licenses, including but not limited to, the number of hours required, the subjects required and board approval of continuing education programs or lectures.

b) To receive, review and approve or disapprove applications for licensing and to issue licenses;

c) To establish administrative procedures for processing applications and renewals and to hire or appoint such agents as appropriate for processing applications and renewals;

d) To provide a uniform, proctored, psychometrically sound examination for use in licensing naturopathic doctors, which will adequately test the diagnostic and therapeutic skill of license applicants. The board may adopt a standardized national examination such as the Naturopathic Physicians Licensing Examination, or its equivalent, as determined by the board. Nothing in this section shall prohibit the board from administering a licensing examination developed in cooperation with other state licensing bodies;

e) To establish a code of ethics for naturopathic doctors;

f) To establish administrative procedures consistent with chapter 30A for the conduct of disciplinary proceedings;

g) To fine, censure, revoke, suspend or deny a license, place a licensee on probation, reprimand or otherwise discipline licensees, after hearing, for violations of the regulations of the board or the code of ethics adopted by the board;

h) To summarily suspend the license of licensees who pose an imminent danger to the public provided a hearing is afforded to the licensee within 7 days of the board’s action to determine whether such summary action is warranted;

i) To establish and maintain records of its actions and proceedings in accordance with the public records laws; and

j) To perform such other functions and duties as may be necessary to carry out the provisions of this chapter.

Section 230: An application for original licensure as a naturopathic doctor shall be made on forms approved by the board. Such application shall be sworn and shall be accompanied by payment of the fee prescribed by the Executive Office of Administration and Finance pursuant to section 3B of chapter 7.

The board may issue a license as a naturopathic doctor to an applicant upon receipt of satisfactory proof that:

a) The applicant is at least 18 years old and of good moral character;

b) The applicant possesses a baccalaureate degree from an accredited educational institution, or its equivalent, as determined by the board;

c) Applicants for a naturopathic license must have graduated from and hold a Doctor of Naturopathic Medicine or Doctor of Naturopathy degree from a college or program that was accredited or pre-accredited by the Council on Naturopathic Medical Education or its successor at the time of the applicant’s graduation from that college or program, except that an applicant who graduated before 1987 may apply for a license provided the applicant received a Doctor of Naturopathic Medicine or Doctor of Naturopathy degree from a four-year, in-residence naturopathic college or program that had, at the time of the applicant’s graduation, a license, authority or other approval from its state or province to grant the Doctor of Naturopathic Medicine or Doctor of Naturopathy degree;

d) The applicant who has satisfactorily completed a minimum of 1200 hours of board-approved clinical training prior to his or her graduation from the approved naturopathic doctoral program referred to in subparagraph (c) above. Such clinical training may have been completed in either inpatient or outpatient settings and may include components of conventional medicine as well as naturopathic health care;

e) The board may approve an applicant who attended and graduated from a four-year naturopathic doctoral program which is located in a country or territory outside the United States if, in the opinion of the board, the training and education provided by that naturopathic doctoral program is substantially equivalent to that provided by a naturopathic doctoral program which meets the requirements of subparagraph (c) above.

Section 231: The board, in consult with the Division of Professional Licensure, shall determine the renewal cycle and renewal period for naturopathic licenses. Every person licensed in accordance with this chapter shall apply to the board for renewal of his or her license on or before the expiration date, as determined by the board, unless revoked, suspended or cancelled earlier by the board as a result of a disciplinary proceeding instituted pursuant to section 234 of this chapter.

As a condition for renewal of his or her license, each licensed naturopathic doctor shall furnish the board, if requested, satisfactory proof that he or she has successfully completed the required number of hours of continuing education for naturopathic doctors in courses or programs approved by the board and provide evidence of compliance with such other requirements or equivalent requirements as approved by the board. Upon satisfactory compliance with the licensing requirements for naturopathic doctors and successful completion of said continuing education requirements, the board shall issue a renewal license showing that the holder is entitled to be licensed for the renewal period determined by the board and Division of Professional Licensure. The board may provide for the late renewal of a license that has lapsed and may require payment of a late fee.

Section 232: The board may grant licensure by reciprocity to registered, certified or licensed naturopathic doctors from other jurisdictions, provided that the requirements for registration, certification or licensure in the other jurisdictions are, in the opinion of the board, substantially equivalent to those set forth in section two hundred thirty of this chapter. The board shall promulgate such rules and regulations, consistent with the laws of the Commonwealth, as may be reasonably necessary for the implementation of this section.

Section 233: Each licensed naturopathic doctor shall advise the board, in writing, of the address of his principal place of business and all other addresses at which he or she is currently engaged in practice. He or she shall immediately give written notification to the board of any change in the address of any place of business at which he or she practices. He or she shall also advise the board, in writing, of his current residential address and of any change thereof.

Section 234: No person shall represent himself or hold himself out to the public as a licensed naturopathic doctor as being licensed to practice naturopathic health care in the Commonwealth unless he or she is licensed pursuant to the provisions of section 230 or section 232 of this chapter. It shall be unlawful for any person who is not licensed pursuant to the provisions of this act to use any of the following terms or titles: “naturopathic physician”, “naturopathic practitioner”, natural doctor”, “naturopathic doctor”, “doctor of naturopathy”, “doctor of natural medicine”, “doctor of naturopathic medicine”, “NMD”, “doctor of nutritional medicine”, “N.D.”, “naturopathic medicine”, “naturopath” or any other term that indicates or implies that he or she has been licensed or otherwise approved to practice any form of naturopathic health care by any governmental body. The board of registration in naturopathy can modify this list.

A naturopathic doctor duly licensed by the board pursuant to this chapter shall not use the term “physician” nor hold himself out to be a “primary care” provider. Naturopathic doctors who are licensed under this act are exempt from the prohibition of listing of affiliations outlined in Section 8A of Chapter 112.

Any person acting or purporting to act as a licensed naturopathic doctor without first obtaining a license under this chapter shall be punished by a fine of not more than $5000 or by imprisonment not to exceed more than 1 year or both. Upon conviction of any subsequent violation such person shall be punished by a fine of not more than $10,000 or 2 years imprisonment, or both. The provisions in this paragraph shall begin only after the first six months of licensing availability after enactment of this legislation.

A person who receives any money or the equivalent thereof as a fee, commission, compensation or profit by, or as the consequence of a violation of any provision of this chapter shall, in addition to any other penalty, be liable for a fine not less than the sum of the money so received and not more than 3 times the sum so received, as may be determined by the board.

No action or suit shall be instituted, nor recovery had, in any court of the Commonwealth by any person for compensation for any act he or she has performed or service he or she has rendered as a licensed naturopathic practitioner, unless such person held a valid current license under this chapter at the time of offering to perform such act or service.

SECTION 3. A license to practice as a naturopathic doctor may be issued without examination to an applicant who meets the requirements of subparagraphs (a) through (d) of section 230 of chapter 112 if he submits satisfactory proof to the board that he or she is or has been actively engaged in the practice of naturopathic health care for compensation in the Commonwealth for a minimum of 5 of the last 10 years immediately preceding the effective date of this act. Applications for licensure under the provisions of this section shall be filed with the board not later than 18 months after the effective date of this act.

SECTION 4. This act shall be implemented within 180 days of passage. The Governor of the Commonwealth shall appoint the board by that time.