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K.A.R. 100-72-1. Fees. The following fees shall be collected by the board:
(a) Application for registration.......................... $130
(b) registration renewal...................................... $100
(c) registration late renewal additional fee.......... $15
(d) registration reinstatement............................. $130
(e) certified copy of registration.......................... $15
(f) temporary registration..................................... $25
(g) acupuncture certification................................ $20
(Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7207; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)
K.A.R. 100-72-2. Application. (a) Each individual who desires to register as a naturopathic doctor shall submit an application on a form provided by the board. The form shall contain the following information:
(1) The applicant’s full name;
(2) the applicant’s social security number;
(3) the applicant’s home address and current practice address, if any;
(4) the applicant’s date and place of birth;
(5) the name of the professional school attended, degree received, and date of graduation;
(6) the professional practice history since the date of graduation from a naturopathic program;
(7) for each license, registration, or certification issued to the applicant to practice any health care profession, the following information:
(A) The issue date;
(B) the identifying number on the license, registration, or certification; and
(C) the place of issuance, specifying the state, country, territory, or the District of Columbia; and
(8) documentation of any prior acts constituting unprofessional conduct as defined in K.S.A. 65-7208, and amendments thereto, and
K.A.R. 100-72-3.
(b)(1) Each applicant shall submit the following with the application:
(A) The fee required by K.A.R. 100-72-1;
(B) an official transcript for the applicant from an educational program approved by the board, as specified in K.A.R. 100-72-4;
(C) a copy of the applicant’s diploma from an approved educational program. The copy shall be certified by a notarial officer;
(D) a verification from each state or jurisdiction where the applicant has been issued any license, registration, or certification to practice any health care profession; and
(E) a photograph of the applicant.
(2) In addition to meeting the requirements specified in paragraph (1) of this subsection, each applicant shall have the results of the applicant’s written examination, as specified in and required by K.A.R. 100-72-5, provided directly to the board by the testing entity.
(c) Each applicant shall sign the application. (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7203, 65-7204, and 65-7208; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)
K.A.R. 100-72-3. Unprofessional conduct: defined. “Unprofessional conduct” means the commission of any of the following by an applicant or a registrant: (a) Unlawfully invading any branch of the healing arts by providing professional services that exceed the statutory definition of naturopathy, unless the professional services are provided under the supervision of or by order of a person who is licensed to practice the healing arts;
(b) identifying the professional services provided under authority of registration by the board as being other than naturopathy;
(c) providing professional services under a false or assumed name or by impersonating another person registered by the board as a naturopath;
(d) practicing as a naturopathic doctor without reasonable skill and safety because of any of the following:
(1) Illness;
(2) alcoholism;
(3) excessive use of drugs, controlled substances, chemicals, or any other type of material; or
(4) a result of any mental or physical condition;
(e) having a naturopathic license, registration, or certification revoked, suspended, or limited or having an application for any of these credentials denied by the proper regulatory authority of another state, territory, or country, or of the District of Columbia for conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-7208 and amendments thereto;
(f) cheating or attempting to subvert the validity of the examination required for registration;
(g) providing professional services within this state without maintaining a policy of professional liability insurance as required by K.S.A. 65-7217 and amendments thereto;
(h) failing to furnish to the board, or to its investigators or representatives, any information legally requested by the board;
(i) being sanctioned or disciplined by a review committee for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-7208 and amendments thereto;
(j) surrendering a license, registration, or certification to practice naturopathy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-7208 and amendments thereto;
(k) more than one instance involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board;
(l) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;
(m) providing naturopathy to a patient without the consent of the patient or the patient’s legal representative;
(n) willfully betraying confidential information;
(o) advertising the ability to perform in a superior manner any professional service related to naturopathy;
(p) using any advertisement that is false, misleading, or deceptive in a material respect;
(q) committing conduct likely to deceive, defraud, or harm the public;
(r) making a false or misleading statement regarding the applicant’s or registrant’s skill;
(s) committing any act of sexual abuse, misconduct, or exploitation;
(t) obtaining any fee by fraud, deceit, or misrepresentation;
(u) charging an excessive fee for services rendered;
(v) failing to keep written records justifying the course of treatment of the patient;
(w) delegating naturopathy to a person who the registrant knows or has reason to know is not qualified by training or experience to perform it;
(x) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, other than through the legal functioning of a professional partnership, professional corporation, limited liability company, or similar business entity that may be performed only by designated licensed or registered professionals;
(y) using experimental forms of diagnosis or treatment without adequate informed consent of the patient or the patient’s legal guardian;
(z) administering, dispensing, or prescribing any natural substance or device for other than an accepted therapeutic purpose;
(aa) offering, undertaking, or agreeing to cure or treat a disease, injury, ailment, or infirmity by a secret means, method, device, or instrumentality;
(bb) offering any treatment that has been demonstrated by controlled trials to lack efficacy or that has been demonstrated by controlled trials as likely to harm the patient, except in the course of clinical investigation. If the registrant participates in a clinical investigation, before the investigation is begun, the registrant shall apply for and obtain approval of the investigation from the board, in addition to meeting all other requirements of applicable laws; or
(cc) violating any provision of these regulations, or any provision of the naturopathic doctor registration act and amendments thereto. (Authorized by and implementing K.S.A. 65-7208; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)
K.A.R. 100-72-4. Criteria for approval of programs in naturopathy. To be recognized by the board as providing an approved educational program in naturopathy, each school of naturopathy shall meet the following standards: (a) The accreditation standards for naturopathic medical education, as specified in part two of the “handbook of accreditation for naturopathic medicine programs,” 2002 edition, published by the council on naturopathic medical education and hereby adopted by reference; and
(b) the accreditation criteria of the commission on institutions of higher education of the north central association of colleges and schools, or its regional equivalent, as specified in chapter four of the “handbook of accreditation,” second edition, published September 1997, and in the “addendum to the handbook of accreditation, second edition,” published March 2002, which are hereby adopted by reference. (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7204; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)
K.A.R .100-72-5. Examinations. (a) Each applicant for registration by examination as a naturopathic doctor shall submit proof of having passed a nationally administered, standardized examination that is approved by the board and consists of written questions and practical questions assessing knowledge and proficiency on subject matter from the following content areas:
(1) Basic sciences, including the following:
(A) Anatomy;
(B) biochemistry;
(C) microbiology;
(D) pathology; and
(E) physiology; and
(2) clinical sciences, including the following:
(A) Emergency medicine and public health;
(B) laboratory diagnosis and diagnostic imaging;
(C) botanical medicine;
(D) clinical nutrition;
(E) physical and clinical diagnosis;
(F) physical medicine;
(G) psychology;
(H) counseling;
(I) ethics; and
(J) homeopathy.
(b) Each applicant for specialty certification in naturopathic acupuncture shall submit proof of having passed a nationally administered, standardized examination that is approved by the board and consists of written and practical questions assessing knowledge and proficiency in acupuncture.
(c) In order to qualify as board-approved, the following examinations as administered by the North American board of naturopathic examiners shall meet the examination standards established by the board in this regulation:
(1) Part I, part II, and the homeopathic add-on clinical series of the naturopathic physicians licensing examinations (NPLEX); and
(2) the acupuncture add-on clinical series of NPLEX.
(d) To pass an approved examination, each applicant for registration shall obtain a criterion-referenced score of at least 75. (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7205; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)
K.A.R. 100-72-6. Professional liability insurance. (a) Each person registered by the board as a naturopathic doctor shall, before rendering professional services within the state, submit to the board evidence that the person is maintaining professional liability insurance coverage as required by K.S.A. 65-7217 and amendments thereto for which the limit of the insurer’s liability is not less than $200,000 per claim, subject to an annual aggregate of not less than $600,000 for all claims made during the period of coverage.
(b) Each person registered by the board as a naturopathic doctor and rendering professional services in this state shall submit, with the annual application for renewal of the registration, evidence that the person is maintaining the professional liability insurance coverage specified in subsection (a). (Authorized by K.S.A. 65-7203; implementing K.S.A. 2004 Supp. 65-7217; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003; amended July 22, 2005.)
K.A.R. 100-72-7. Registration renewals; continuing education. (a) In addition to the annual application for renewal of registration and the registration renewal fee, each registered naturopath who wishes to renew the registration shall submit evidence of satisfactory completion of a minimum of 50 hours of continuing education within the preceding year. At least 20 of these hours shall be taken in a professionally supervised setting, and not more than 30 of these hours may be taken in a non-supervised setting.
(b) Continuing education activities shall be designed to maintain, develop, or increase the knowledge, skills, and professional performance of persons registered to practice as a naturopathic doctor. All continuing education shall deal primarily with the practice of naturopathy. Each continuing education activity that occurs in a professionally supervised setting shall be presented by a provider.
(c) One hour shall mean 60 minutes of instruction or the equivalent.
(d) The content of each continuing education activity shall have a direct bearing on patient care.
(e) An activity occurring in a “professionally supervised setting” shall mean any of the following:
(1) Lecture, which means a discourse given before an audience for instruction;
(2) panel discussion, which means the presentation of a number of views by several professional individuals on a given subject;
(3) workshop, which means a series of meetings designed for intensive study, work, or discussion in a specific field of interest;
(4) seminar, which means directed, advanced study or discussion in a specific field of interest;
(5) symposium, which means a conference that consists of more than a single session and is organized for the purpose of discussing a specific subject from various viewpoints and by various speakers; or
(6) other structured, interactive, and formal learning methods approved by the board on a case-by-case basis.
(f) An activity occurring in a “non-supervised setting” shall mean any of the following:
(1) Teaching health-related courses to practicing naturopathic doctors or other health professionals;
(2) presenting a scientific paper to an audience of health professionals, or publishing a scientific paper in a medical or naturopathic journal;
(3) engaging in self-instruction, including journal reading and the use of television and other audiovisual materials;
(4) receiving instruction from a medical or naturopathic consultant;
(5) participating in programs concerned with review and evaluation of patient care;
(6) spending time in a self-assessment examination, not including examinations and quizzes published in journals; or
(7) engaging in meritorious learning experiences that provide a unique educational benefit to the registrant.
(g) To provide evidence of satisfactory completion of continuing education, each registrant shall submit the following to the board, as applicable:
(1) Documented evidence of attendance at each activity occurring in a professionally supervised setting; and
(2) proof of participation in each activity occurring in a non-supervised setting, which shall include a copy of any professional publication, the certification of a teaching activity, or the personal verification of any other activity occurring in a non-supervised setting. (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7208; effective, T-100-1-2-03, Jan. 2, 2003; effective Nov. 14, 2003.)
K.A.R. 100-72-8. Naturopathic formulary. The following list shall constitute the naturopathic formulary for drugs and substances that are approved for intramuscular (IM) or intravenous (IV) administration, or both, by a naturopathic doctor pursuant to a written protocol entered into with a physician:
(a) Electrolytes and carrier solutions:
(1) Sterile water (IV, IM);
(2) electrolyte solution (IV);
(3) lactated ringers (IV);
(4) saline solution (IV); and
(5) half normal saline (IV);
(b) vitamins:
(1) Vitamin C (IV);
(2) B complex (IV, IM);
(3) folic acid (IV, IM);
(4) vitamin D (IV);
(5) vitamin E (IV);
(6) vitamin K (IV, IM);
(7) vitamin A (IV, IM);
(8) vitamin B12 (IV, IM);
(c) minerals:
(1) Calcium (IV, IM);
(2) chromium (IV, IM);
(3) copper (IV, IM);
(4) iron (IV, IM);
(5) zinc (IV, IM);
(6) iodine (IV, IM);
(7) magnesium (IV, IM);
(8) selenium (IV, IM);
(9) molybdenum (IV, IM);
(10) vanadium (IV, IM);
(11) phosphorus (IV, IM); and
(12) manganese (IV, IM);
(d) amino acids:
(1) Amino acids, singular or in combination (IV);
(2) glutathione (IV, IM);;
(3) tryptophan (IV); and
(4) 5 hydroxy tryptophan (IV);
(e) botanicals:
(1) Glycyrrhizin (IV, IM); and
(2) thujone-free artemisia (IV, IM): and
(f) the following miscellaneous drugs and substances:
(1) Lipids (IV);
(2) co-enzyme Q 10 (also known as ubiquinone or Co-Q 10) (IV, IM);
(3) alpha lipoic acid (IV, IM);
(4) hydrochloric acid (IV);
(5) epinephrine (IM);
(6) chelators, only with prior board approval:
(A) EDTA (IV); and
(B) DMPS (IV);
(7) diphenhydramine hydrochloride (IV, IM); and
(8) atropine sulfate (IV).
(Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7212; effective Jan. 21, 2005.)
K.A.R. 100-72-9. Written protocol. (a) Each physician entering into a written protocol with a registered naturopathic doctor shall be licensed to practice medicine and surgery in the state of Kansas and shall provide a copy of the protocol to the board within 10 days of entering into the protocol.
(b) Each written protocol between a physician and a naturopathic doctor shall contain the following information:
(1) The date on which the protocol was signed and the signatures of the physician and the naturopathic doctor;
(2) the license number of the physician and the registration number of the naturopathic doctor;
(3) the names of the drugs and substances from the naturopathic formulary, which is specified in K.A.R. 100-72-8, that the naturopathic doctor will be allowed to administer and the method of administration of each drug and substance;
(4) the usage and dosage authorized for each drug and substance;
(5) any warning or precaution associated with the administration of each drug and substance;
(6) a statement that a current copy of the protocol will be maintained at each practice location of the physician and the naturopathic doctor and that any change made to the protocol will be provided to the board within 10 days of making the change;
(7) a statement that the physician is professionally competent to order each drug and substance that the protocol authorizes the naturopathic doctor to administer and that treating the conditions identified in the protocol is within the lawful and customary practice of the physician;
(8) a statement that the authority to administer any drug or substance intravenously is limited to times when the physician either is physically present in the same building or can be present within five minutes at the location where the service is performed;
(9) the identification of any task or service that the physician delegates to any unlicensed person working with the naturopathic doctor;
(10) a statement that emergency procedures have been established by the physician and adopted by the naturopathic doctor to protect the patient in the absence of the physician and that the naturopathic doctor is competent to carry out those emergency procedures; and
(11) any conditions imposed by the physician on the naturopathic doctor before the administration of any of the drugs and substances listed in the protocol.
(c) Each written protocol shall be reviewed by the physician and naturopathic doctor at least annually, and each review shall be signed and dated on the current copy of the protocol. (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7202; effective Nov. 19, 2004.)
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