AS Title 8, Chapter 45: Naturopaths

Chapter 45. Naturopaths. Sec. 08.45.010. Practice of naturopathy without license prohibited. A person may not practice naturopathy in the state without a license. Sec. 08.45.020. Application for license. A person desiring to practice naturopathy shall apply in writing to the department. Sec. 08.45.030. Issuance of license. The department shall issue a license to practice naturopathy to an applicant who provides proof satisfactory to the department that the applicant has received a degree from an accredited four-year college or university, and (1) on or before December 31, 1987, has graduated from a school of naturopathy that required four years of attendance at the school and after graduation has received a license in another state after passing an examination for licensure in that state and is licensed by a state at the time of application; or (2) after December 31, 1987, has (A) graduated from a school of naturopathy that required four years of attendance at the school and at the time of graduation the school was accredited or a candidate for accreditation by the Council on Naturopathic Medical Education or a successor organization recognized by the United States Department of Education; and (B) passed the Naturopathic Physicians Licensing Examination. Sec. 08.45.035. Temporary licenses. (a) The department shall issue a temporary license to practice naturopathy to an applicant who has applied for and is qualified to take the next Naturopathic Physicians Licensing Examination offered after the date of application and provides proof satisfactory to the department that the applicant (1) meets the requirements of AS 08.45.030 (2)(A); and (2) has not previously failed the Naturopathic Physicians Licensing Examination. (b) A temporary license issued under (a) of this section terminates on the date (1) the results of the examination the applicant agreed to take under (a) of this section are reported by the testing authority if the applicant failed the examination; or (2) of the Naturopathic Physicians Licensing Examination that the applicant agreed to take under (a) of this section if the applicant fails to take the examination. (c) A temporary license holder may practice only in the office of a naturopath licensed by this state. Sec. 08.45.040. Disclosures required by person who practices naturopathy. (a) A person who practices naturopathy shall clearly disclose that the person's training and practice is in naturopathy (1) to each patient; and (2) on all material used in the practice of naturopathy and made available to patients or to the public. (b) A person who practices naturopathy without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance. Sec. 08.45.050. Restrictions on practice of naturopathy. A person who practices naturopathy may not (1) give, prescribe, or recommend in the practice (A) a prescription drug; (B) a controlled substance; (C) a poison; (2) engage in surgery; (3) use the word “physician” in the person's title. Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a license. The department may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely; (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department; (6) continued to practice after becoming unfit due to (A) professional incompetence; (B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely; (C) physical or mental disability; (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients. Sec. 08.45.070. Disciplinary sanctions. (a) When it finds that a licensee under this chapter has violated AS 08.45.040 — 08.45.050 or is guilty of an offense under AS 08.45.060 , the department may impose the following sanctions singly or in combination: (1) permanently revoke the license to practice; (2) suspend the license for a determinate period of time; (3) censure the licensee; (4) issue a letter of reprimand to the licensee; (5) place the licensee on probationary status and require the licensee to (A) report regularly to the department upon matters involving the basis of probation; (B) limit practice to those areas prescribed; (C) continue professional education until a satisfactory degree of skill has been attained in areas determined by the department to need improvement; (6) impose limitations or conditions on the practice of the licensee. (b) The department may withdraw probationary status of a licensee if it finds that the deficiencies that required the sanction have been remedied. (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A licensee whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) not later than seven days after the effective date of the order. The licensee may appeal the suspension after a hearing to a court of competent jurisdiction. Sec. 08.45.080. Unlicensed practice a misdemeanor. A person who practices naturopathy in the state without a license in violation of AS 08.45.010 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than a year, or by both. Sec. 08.45.090. Fraudulent license. A person who obtains or attempts to obtain a naturopathic license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a naturopathic license is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both. Sec. 08.45.100. Regulations. The department shall adopt regulations to implement this chapter. Sec. 08.45.200. Definitions. In this chapter, (1) “controlled substance” has the meaning given in AS 11.71.900 ; (2) “department” means the Department of Commerce, Community, and Economic Development; (3) “naturopathy” means the use of hydrotherapy, dietetics, electrotherapy, sanitation, suggestion, mechanical and manual manipulation for the stimulation of physiological and psychological action to establish a normal condition of mind and body; in this paragraph, “dietetics” includes herbal and homeopathic remedies.