Chapter 65.--PUBLIC HEALTH
Article 72.--NATUROPATHIC DOCTORS

      65-7201.  Citation of act.  (a) K.S.A. 65-7201 to 65-7218, inclusive, and amendments thereto shall be known and may be cited as the naturopathic doctor registration act.
     (b)  The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 20; July 1.            

      65-7202.  Definitions.  (a) As used in K.S.A. 65-7201 to
65-7218, inclusive, and amendments thereto:
      (1)  “Naturopathic doctor” means a doctor of naturopathic medicine who is authorized and registered pursuant to this act.
      (2)  “Naturopathic medicine,” or “naturopathy” means a system of health care practiced by naturopathic doctors for the prevention, diagnosis and treatment of human health conditions, injuries and diseases, that uses education, natural medicines and therapies to support and stimulate the individual’s intrinsic self-healing processes, and includes prescribing, recommending or administering:
      (A) Food, food extracts, vitamins, minerals, enzymes, whole gland thyroid, botanicals, homeopathic preparations, nonprescription drugs, plant substances that are not designated as prescription drugs or controlled substances, topical drugs as defined in subsection (a)(9) of this section, and amendments thereto;
      (B) health care counseling, nutritional counseling and dietary therapy, naturopathic physical applications, barrier contraceptive devices;
      (C) substances on the naturopathic formulary which are authorized for intramuscular or intravenous administration pursuant to a written protocol entered into with a physician who has entered into a written protocol with a naturopathic doctor registered under this act;
      (D) noninvasive physical examinations, venipuncture to obtain blood for clinical laboratory tests and orificial examinations, excluding endoscopies;                        (E) minor office procedures; and
      (F) naturopathic acupuncture. A naturopathic doctor may not perform surgery, obstetrics, administer ionizing radiation, or prescribe, dispense or administer any controlled substances as defined in K.S.A. 65-4101, and amendments thereto, or any prescription-only drugs except those listed on the naturopathic formulary adopted by the board pursuant to this act.
      (3) “Board” means the state board of healing arts.
      (4)   “Approved naturopathic medical college” means a college and program granting the degree of doctor of naturopathy or naturopathic medicine that has been approved by the board under this act and which college and program requires at a minimum a four-year, full-time resident program of academic and clinical study.
      (5) “Homeopathic preparations” means substances and drugs prepared according to the official homeopathic pharmacopoeia recognized by the United States food and drug administration.
      (6)  “Naturopathic acupuncture” means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin or both to treat human disease and impairment and to relieve pain.
      (7)  “Minor office procedures” means care incidental to superficial lacerations and abrasions, superficial lesions and the removal of foreign bodies located in the superficial tissues, except eyes, and not involving blood vessels, tendons, ligaments or nerves. “Minor office procedures” includes use of antiseptics, but shall not include the suturing, repairing, alteration or removal of tissue or the use of general or spinal anesthesia.  Minor office  
procedures do not include anesthetics or surgery.
      (8) “Naturopathic physical applications” means the therapeutic use by naturopathic doctors of the actions or devices of electrical muscle stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitutional hydrotherapy, naturopathic musculoskeletal technique and therapeutic 
exercise.
      (9)  “Topical drugs” means topical analgesics, antiseptics, scabicides, antifungals and antibacterials but does not include prescription only drugs.
      (10) “Physician” means a person licensed to practice medicine and surgery.
      (11) “Written protocol” means a formal written agreement between a naturopathic doctor registered under this act and a person licensed to practice medicine and surgery. Any licensee of the board entering into a written protocol with a registered naturopathic doctor shall notify the board in writing of such relationship by providing such information as the board may require.
     (b)  The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 21; July 1.

      65-7203. Administration of act by state board of healing arts; qualifications of applicants; registration of certain naturopathic doctors; records of proceedings. (a) The board, as hereinafter provided, shall administer the provisions of this act.
      (b) The board shall judge the qualifications of all applicants for examination and registration, determine the applicants who successfully pass the examination, duly register such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act.
      (c) The board shall issue a registration as a naturopathic doctor to an individual who prior to the effective date of this act (1) graduated from a school of naturopathy that required four years of attendance and was at the time of such individual’s graduation accredited or a candidate for accreditation by the board approved accrediting body, (2) passed an examination approved by the board covering appropriate naturopathic subjects including basic and clinical sciences and (3) has not committed an act which would subject such person to having a registration suspended or revoked under K.S.A. 65-7208, and amendments thereto.
      (d) The board shall keep a record of all proceedings under this act and a roster of all individuals registered under this act. Only an individual may be registered under this act.(e) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 22; July 1.

      65-7204.  Application for registration; criteria for educational programs. (a) An applicant applying for registration as a naturopathic doctor shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
      (1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed an educational program in naturopathy from an approved naturopathic medical college.
      (2) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-7205 and amendments thereto.
      (3) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-7207 and amendments thereto.
      (b) The board shall adopt rules and regulations establishing the criteria for an educational program in naturopathy to obtain successful recognition by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in naturopathy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in naturopathy. In entering such contracts the authority to recognize an educational program in naturopathy shall remain solely with the board.
     (c) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 23; July 1.

      65-7205.  Examination.  (a) Each applicant for registration under this act shall be examined by a written examination or examinations chosen by the board to test the applicant’s knowledge of the basic and clinical sciences relating to naturopathy, and naturopathy theory and practice, including the applicant’s professional skills and judgment in the utilization of naturopathic techniques and methods, and such other subjects as the board may deem useful to determine the applicant’s fitness to practice naturopathy.
      (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 24; July 1.

      65-7206.  Waiver of examination and other requirements; when waived; temporary registration. (a) The board may waive the examination or education requirements, or both, and grant registration (1) to any applicant who presents proof of current authorization to practice naturopathy in another state, the District of Columbia or territory of the United States which requires standards for authorization to practice determined by the board to be equivalent to the requirements for registration under this act and (2) to any applicant who presents proof that on the day preceding the effective date of this act that the applicant was practicing under K.S.A. 65-2872a and amendments thereto.
      (b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-7207 and amendments thereto.
      (c) The board may issue a temporary registration to an applicant for registration as a naturopathic doctor who applies for temporary registration on a form provided by the board, who meets the requirements for registration or who meets all the requirements for registration except examination and who pays to the board the temporary registration fee as required under K.S.A. 65-7207 and amendments thereto. The person who holds a temporary registration shall practice only under the supervision of a registered naturopathic doctor. Such temporary registration shall expire one year from the date of issue or on the date that the board approves the application for registration, whichever occurs first. No more than one such temporary registration shall be permitted to any one person.
      (d) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 25; July 1.

      65-7207.  Fees. (a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:

Application fee, not more than................................... $200
Temporary registration fee, not more than................. . $30
Registration renewal fee, not more than..................... $150
Registration late renewal fee, not more than.............. $250
Registration reinstatement fee, not more than........... $250
Certified copy of registration, not more than.............. $30
Written verification of registration, not more than...... $25

      (b) The board shall charge and collect in advance fees for any examination administered by the board under the naturopathic doctor registration act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the naturopathic doctor registration act be paid directly to the examination service by the person taking the examination.
      (c) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 26; July 1.

      65-7208.  Denial, revocation, limitation or suspension of registration or refusal to renew registration; unprofessional conduct; discipline; civil fines; procedure; reinstatement. (a) The board may deny, refuse to renew, suspend, revoke or limit a registration or the registrant may be publicly or privately censured where the registrant or applicant for registration has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:
      (1)   Obtaining a registration by means of fraud, misrepresentation or concealment of material facts;
      (2)   being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
      (3)   being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a naturopathic doctor;
      (4)   violating any lawful order or rule and regulation of the board; and
      (5)   violating any provision of this act.
      (b)   Such denial, refusal to renew, suspension, revocation or limitation of a registration or public or private censure of a registrant may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a registration, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked registration shall be accompanied by the registration renewal fee and the registration reinstatement fee established under K.S.A. 65-7207 and amendments thereto.
      (c)   The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a registrant for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
      History:   L. 2002, ch. 203, § 27; July 1; L. 2004, ch. 117, § 23; July 1.

      65-7209.  Expiration of registrations; failure to renew; renewal; continuing education; suspended registration; fees. (a) Registrations issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the registration renewal fee established pursuant to K.S.A. 65-7207, and amendments thereto. The board may establish additional requirements for registration renewal which provide evidence of continued competency. The board for registration renewal shall require completion of at least 25 hours annually of continuing education approved by the board.
      (b)   At least 30 days before the expiration of a registrant’s registration, the board shall notify the registrant of the expiration by mail addressed to the registrant’s last mailing address as noted upon the office records. If the registrant fails to pay the renewal fee by the date of expiration, the registrant shall be given a second notice that the registration has expired and the registration may be renewed only if the registration renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the registration shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the registration has been reinstated under subsection (c).
      (c)   Any registration canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the registration reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of registrations canceled for failure to renew.
      (d)   A person whose registration is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the registration was suspended.
      History:   L. 2002, ch. 203, § 28; July 1; L. 2004, ch. 117, § 24; July 1.

      65-7210.  Money received by board; disposition; healing arts fee fund. (a) The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president of the board.                                                                                     (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 29; July 1.

      65-7211.  Unlawful representations; authority not conferred upon naturopathic doctors to engage in activities not conferred by act. (a) On and after January 1, 2003, and prior to July 1, 2004, it shall be unlawful for any person who is not registered under this act as a naturopathic doctor or whose registration has been suspended or revoked to hold oneself out to the public as a registered naturopathic doctor, or use the abbreviation of “N.D.” or the words “naturopathic doctor,” “doctor of naturopathy,” “doctor of naturopathic medicine,” “naturopathic medical doctor” or any other words, letters, abbreviations or insignia indicating or implying that such person is a naturopathic doctor. A violation of this subsection (a) shall constitute a class B person misdemeanor.
      (b) On and after July 1, 2004, it shall be unlawful for any person who is not registered under this act as a naturopathic doctor or whose registration has been suspended or revoked to hold oneself out to the public as a registered naturopathic doctor, or use the abbreviation of “N.D.” or the words “naturopathic doctor,” “doctor of naturopathy,” “doctor of naturopathic medicine,” “naturopath,” “naturopathic medical doctor” or any other words, letters, abbreviations or insignia indicating or implying that such person is a naturopathic doctor. A violation of this subsection (b) shall constitute a class B person misdemeanor.
      (c) No statute granting authority to persons licensed or registered by the state board of healing arts shall be construed to confer authority upon naturopathic doctors to engage in any activity not conferred by this act.
      (d) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 30; July 1.

      65-7212.  Board of healing arts to adopt naturopathic formulary; naturopathic formulary advisory committee. (a) The board shall adopt a naturopathic formulary which lists the drugs and substances which are approved for intramuscular or intravenous administration by a naturopathic doctor pursuant to the order of a physician. The board shall appoint a naturopathic formulary advisory committee which shall advise the board and make recommendations on the list of substances which may be included in the naturopathic formulary. The naturopathic formulary advisory committee shall consist of a licensed pharmacist, a person knowledgeable in medicinal plant chemistry, two persons licensed to practice medicine and surgery, and two naturopathic doctors registered under this act.
      (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 31; July 1.

      65-7213.  Naturopathic acupuncture specialty certification. (a) In order to practice naturopathic acupuncture, a naturopathic doctor shall obtain a naturopathic acupuncture specialty certification from the board. The board may issue this specialty certification to a naturopathic doctor who has:
      (1) Submitted an application and paid certification fee to be determined by the board;
      (2) completed basic oriental medicine philosophy from a college or university approved by the board and 500 hours of supervised clinical training under a trained naturopathic acupuncturist’s supervision.
      (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 32; July 1.

      65-7214.  Naturopathic advisory council; membership; expenses; legislature to consider establishing alternative health care board. (a) There is established a naturopathic advisory council to advise the board in carrying out the provisions of this act. The council shall consist of five members, all citizens and residents of the state of Kansas appointed as follows: Three members shall be naturopathic doctors appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; and one member appointed by the governor shall be from the public sector who is not engaged, directly or indirectly, in the provision of health services. Insofar as possible persons appointed to the council shall be from different geographic areas. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The members of the council appointed by the governor shall be appointed for terms of three years and until a successor is appointed. The members appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. If a member is designated by the president of the state board of healing arts, the member shall serve at the pleasure of the president.
      (b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
      (c) During the 2003 regular session of the legislature the legislature shall consider establishing an alternative health care board composed of representatives as may be designated from existing health care regulatory agencies, alternative health care providers and members of the general public for purposes of advising the legislature on matters relating to alternative health care, administering the naturopathic doctor registration act and performing such other duties as may be established by law.
      (d) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 33; July 1.

      65-7215.  Injunctive remedies for violations. (a) When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in the name of the state of Kansas in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
      (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 34; July 1.

      65-7216.  Adjudicative procedures. (a) All state agency adjudicative proceedings under the naturopathic doctor registration act shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the act for judicial review and civil enforcement of agency actions.
      (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 35; July 1.

      65-7217.  Professional liability insurance required. Professional liability insurance coverage shall be maintained in effect by each naturopathic doctor as a condition to rendering professional service as a naturopathic doctor in this state. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
      History:   L. 2002, ch. 203, § 36; July 1.

      65-7218.  Confidential communications. (a) The confidential relations and communications between a naturopathic doctor and the naturopathic doctor’s patient are placed on the same basis as provided by law as those between a physician and a physician’s patient in K.S.A. 60-427, and amendments thereto.
      (b) The provisions of this section shall take effect on and after January 1, 2003.
      History:   L. 2002, ch. 203, § 37; July 1.