
H. B. 3089



(By Delegate Compton)



[Introduced March 29, 2001; referred to the



Committee on Government Organization then the Judiciary.]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-eight,
relating to regulating the practice of naturopathy;
naturopathic doctor; naturopathic physician assistants;
providing definitions; requiring licensing; providing
grandfathering of persons in practice at least two years;
reciprocity; defining unlawful acts, with criminal penalties;
injunctive relief; and defining malpractice.
Be it enacted by the Legislature of West Virginia:

That chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article thirty-eight, to read as follows:
ARTICLE 38. REGULATING NATUROPATHY.
§30-38-1. Purpose and legislative intent.

It is declared to be a policy of this state that the practice
of naturopathy is a privilege granted to qualified persons and
that, in order to safeguard the public health, safety and welfare,
protect the public from the unprofessional, improper, incompetent
and unlawful practice of naturopathy, it is necessary to provide
regulatory authority over persons practicing naturopathic. The
primary responsibility and obligation of the West Virginia
naturopathic board of examiners, a duly constituted standing
committee of the West Virginia naturopathic medical association is
to protect the public.
§30-38-2. Term of licenses.

(a) Doctor of naturopathy. -- A license to practice as a
doctor of naturopathy in this state must be issued by the federal
intermediary council on alternative medicine (FICAM) approved
regulatory board of naturopathic and alternative medicine within
thirty days after submittal of either:

(1) Certification from one of the following national
organizations of naturopathy that the applicant is a qualified
doctor of naturopathy: American naturopathic medical certification
and accreditation board, or committee on naturopathic medical
education and, that the applicant has fulfilled current annual
continuing educational requirements of a minimum of twelve hours
with at least one of the said national organizations, or

(2) A copy of the federal licensure or registration for naturopathic doctors, as embodied in the licensing act for the
District of Columbia as passed by Act of Congress in 1929, further
clarified in 1931. The licensure shall be renewed every two years
upon payment of fees as set by the federal intermediary council on
alternative medicine (FICAM) for licensing and renewal providing
that the naturopathic continuing education requirements have been
fulfilled.

(b) Naturopathic physician assistants. -- A license as a
naturopathic assistant in this state shall be issued by the federal
intermediary council on alternative medicine approved regulatory
board of naturopathic and alternative medicine within thirty days
after submittal of credentials as a B.S. degreed naturopathic
physician's assistant from a federally chartered or state board of
education approved program leading to the degree of naturopathic
assistant. The applicant must maintain current annual continuing
educational requirements of a minimum of twelve hours approved by
at least one of the national organizations.

(c) The licensure must be renewed every two years upon payment
of fees as set by the federal intermediary council on alternative
medicine for licensing and renewal providing that the naturopathic
continuing education requirements have been fulfilled.

(d) Approved organization. -- The organization approved to
grant licenses to naturopathic doctors and naturopathic assistants
under the authority of the federal intermediary council on alternative medicine in the state of West Virginia is the West
Virginia naturopathic board of examiners, a duly constituted
standing committee of the West Virginia naturopathic medical
association.
§30-38-3. Definitions.

As used in this article, the following terms have the meaning
ascribed:

(a) "Applicant" means a person making application to be
licensed as a naturopathic doctor or naturopathic assistant.

(b) "Counseling" means counseling of individuals and treatment
through the use of naturally occurring substances. It includes,
but is not limited to, giving advice, ordering or prescribing
naturally occurring substances, and the use of physical modalities
and other treatments, commonly provided by naturopaths and not
otherwise prohibited under this article.

(c) "Drug substance" means a controlled substance requiring
a federal license to dispense upon written prescription or
synthetic drugs.

(d) "Naturopathy." It is understood that the term
"naturopathy" is self-defining in the same manner as are the terms
"medicine" and "chiropractic."

(e) "Naturopathic doctor" means a person licensed to practice
naturopathy and possessing the degree of doctor of naturopathic
medicine (NMD) or naturopathic doctor (ND) from a federally chartered or state board of education approved college of
naturopathy, and who is board certified to practice naturopathy by
the American naturopathic medical certification and accreditation
board (ANMCAB), or by the committee for naturopathic medical
education (CNME) under this chapter may use the title of
"Naturopathy doctor" and practice the full scope of naturopathy.

The scope of practice of "Naturopathy" is defined by congress
in one thousand nine hundred thirty-one and further defined in the
federal dictionary of occupational titles is one who diagnoses,
and cares for patients, using a system of practice that bases
treatment on physiological functions and abnormal conditions on
natural laws governing the human body; utilize physiological,
psychological and mechanical methods, such as air, water, light,
heat, earth, phytotherapy, food and herb therapy, psychotherapy,
electrotherapy, physiotherapy, minor and orificial surgery,
mechanotherapy, naturopathic corrections and manipulation, and
natural methods or modalities, together with natural medicines,
natural processed foods, and herbs and nature's remedies; excludes
major surgery, therapeutic use of x ray and radium and the use of
drugs, except those assimilable substances containing elements or
compounds which are components of body tissues and are
physiologically compatible to body processes for maintenance of
life.

(f) "Naturopathic assistant" means a graduate of an appropriate degree program which is a B.S. degree or equivalent
program from an accredited or state board of education approved
institution. The naturopathic assistant works under the guidance
and direction of the naturopathic doctor, and is not permitted to
practice independently of supervision.

(g) "Naturally occurring substances" means food, vitamins and
minerals, herbs and herbal preparations, roots, barks, homeopathic
preparations, plant substances and natural medicines of animal,
mineral or botanical origin.
§30-38-4. Grandfathering.

Any person practicing naturopathy in this state for at least
two years prior to the effective date of this article must be
granted a license to continue the practice of naturopathy, if that
person submits within one year from the effective date of this
article certification of annual naturopathic continuing education
from a recognized naturopathic continuing education provider for
the twelve credit hours specified, and continues to do so for each
consecutive year licensed, as required for all licensed
naturopaths.
§30-38-5. Reciprocity.

Any person holding a license in naturopathy from the federal
intermediary council on alternative medicine regulatory board of
naturopathic and alternative medicine who wishes to practice in
this state shall receive reciprocity and be licensed for one year and will continue to be eligible for licensing in this state
thereafter provided that person meets the requirements of this
state.
§30-38-6. Unlawful acts; penalty.

A person who practices naturopathy:

(a) (1) Without a valid license under this article; or

(2) Beyond the limitations imposed by this article or ordered
upon his or her practice by a court of law;

(b) Presents as his or her own the diploma, license or
credentials of another;

(c) Gives either false or forged evidence of any kind to any
state agency in connection with an application for a license;

(d) Files for record the license issued to another, falsely
claiming himself or herself to be the person named in the license,
or falsely claiming himself or herself to be the person entitled to
the license; or

(e) Under false or assumed name or falsely impersonates
another license of a like or different name is subject to a cease
and desist order. Failure to comply with the terms of a cease and
desist order renders that person subject to civil contempt and is
a criminal misdemeanor, punishable upon conviction by a fine of not
less than one hundred dollars nor more than five hundred dollars,
or by imprisonment in the county or regional jail for not less than
thirty days nor more than one year, or both fine and imprisonment.

(f) Failure to comply with rules established by the board.

(g) Commits malpractice.

(h) Penalty or sanctions include, but are not limited to:

(1) Temporary suspension of license for a fixed period;

(2) Requirement for some specific remedial action to be taken
as a condition for reinstatement of a suspended license;

(3) Permanent revocation of license to practice; or

(4) Professional censure of practitioner.
§30-38-7. Injunctive relief.

In addition to any other remedy provided by law, the attorney
general, may apply to any court of competent jurisdiction to enjoin
any unprofessional conduct of a naturopath which is proven harmful
to the public. The court in a proper case may issue a temporary
restraining order or a preliminary injunction for such purposes.
§30-38-8. Regulation.

This article does not repeal or affect any law of this state
regulating any other healing art.
§30-38-9. Malpractice defined.

"Malpractice" means failure on the part of a naturopath to
exercise the degree of care, diligence and skill ordinarily
exercised by naturopaths in good standing in the community in which
the naturopath practices.

NOTE: The purpose of this bill is to license and regulate the
practice of naturopathy.

This article is new; therefore, strike-throughs and
underscoring have been omitted.