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K.A.R. 100-72-1. Fees. The following fees shall be collected by the board:
(a) Application for registration.......................... $165.00
(b) registration renewal......................................$125.00
(c) registration late renewal additional fee.......... $20.00
(d) registration reinstatement............................. $155.00
(e) certified copy of registration......................... $15.00
(f) temporary registration....................................$ 30.00
(g) acupuncture certification................................$20.00
(Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7207 and K.S.A. 65-7213; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003; amended, T-100-10-16-08, Oct. 15, 2008; amended Feb. 13, 2009.)
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, individual tax identification number, driver's license number, or nondriver identification number, if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue’s director of taxation;
(3) the applicant’s mailing address. If the applicant’s mailing address is different from the applicant’s residential address, the applicant shall also provide the residential address;
(4) the applicant’s date and place of birth; (5) the applicant’s daytime phone number;
(5) (6) the names of all educational programs recognized under K.A.R. 100-72-4 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;
(7) notarized certification that the applicant has completed a program in naturopathy from a postsecondary school recognized under K.A.R. 100-72-4;
(8) the issue date; state, territory, the District of Columbia, or other country of issuance; and the identifying number on any license, registration, or certification issued to the applicant to practice any health care profession;
(9) 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;
(10) the number of times the applicant has taken the examination required by the board for licensure and the date the applicant passed the examination; and
(11) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application.
(b) Each applicant shall submit the following with the application:
(1) The fee required by K.A.R. 100-72-1;
(2) an official transcript for the applicant from an educational program approved by the board, as provided in K.A.R. 100-72-4, that specifies the degree awarded to the applicant;
(3) a verification from each state, country, territory, or the District
of Columbia where the applicant has been issued any license, registration, or certification to practice any health care profession;
(4) a photograph of the applicant. measuring two inches by three inches and showing the head and shoulder areas only. The photograph shall be taken within 90 days before the date of application; and
(5) evidence provided directly to the board from the testing entity recognized and approved under K.A.R. 100-72-5 that the applicant has passed the examination.
(c) The applicant shall sign the application under oath and shall have the application notarized. (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7203, 65-7204, and K.S.A. 2008 Supp. 65-7208; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003; amended June 4, 2010.)
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) Each registration initially issued or renewed by the board on or after January 1, 2009 and through December 31, 2009 shall expire on December 31, 2010.
(b) Each registration initially issued or renewed by the board on or after January 1, 2010 shall expire on December 31 of the year of issuance.
(c) Each registered naturopath who wishes to renew the registration shall meet the following requirements:
(1) Submit an application for renewal of registration and the registration renewal fee; and
(2) for the second and each subsequent renewal and for each renewal after reinstatement, submit evidence of satisfactory completion of at least 50 hours of continuing education since the registration was last renewed or was reinstated, whichever is more recent. 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.
(d) 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.
(e) One hour shall mean 60 minutes of instruction or the equivalent.
(f) The content of each continuing education activity shall have a direct bearing on patient care.
(g) 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.
(h) 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.
(i) 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. 2007 Supp. 65-7209; effective, T-100-1-2-03, Jan. 2, 2003; effective Nov. 14, 2003; amended March 27, 2009.)
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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