SB866: Bill Text

SB866,26 Section 26 . 255.06 (1) (d) of the statutes is amended to read:

SB866,9,11 255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, naturopathic doctor, dentist, or podiatrist.

SB866,27 Section 27 . 255.07 (1) (d) of the statutes is amended to read:

SB866,9,15 255.07 (1) (d) “Health care practitioner" means a physician, a naturopathic doctor, a physician assistant licensed under s. 448.04 (1) (f), or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.

SB866,28 Section 28. 257.01 (5) (a) and (b) of the statutes are amended to read:

SB866,9,22 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448.

SB866,9,25 (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse, licensed practical nurse or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

SB866,29 Section 29. 440.03 (13) (b) 39g. of the statutes is created to read:

SB866,10,7 440.03 (13) (b) 39g. Naturopathic doctor.

SB866,30 Section 30. 440.08 (2) (a) 47g. of the statutes is created to read:

SB866,10,9 440.08 (2) (a) 47g. Naturopathic doctor: January 1 of each odd-numbered year.

SB866,31 Section 31. 446.02 (9) (e) of the statutes is created to read:

SB866,10,12 446.02 (9) (e) A naturopathic doctor acting within the scope of his or her license under ch. 466.

SB866,32 Section 32. 448.03 (2) (a) of the statutes is amended to read:

SB866,10,20 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, to practice naturopathic medicine under ch. 466, or as otherwise provided by statute.

SB866,33 Section 33 . 448.035 (2) to (4) of the statutes are amended to read:

SB866,11,10 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber may provide expedited partner therapy if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."

SB866,11,15 (3) The physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

SB866,11,20 (4) (a) Except as provided in par. (b), a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

SB866,11,24 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.

SB866,34 Section 34 . 448.56 (1) of the statutes is amended to read:

SB866,12,15 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

SB866,35 Section 35 . 448.56 (1m) (b) of the statutes is amended to read:

SB866,12,22 448.56 (1m) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

SB866,36 Section 36. 450.03 (1) (e) of the statutes is amended to read:

SB866,13,5 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449, to practice naturopathic medicine under ch. 466, or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

SB866,37 Section 37. 450.10 (3) (a) 12. of the statutes is created to read:

SB866,13,7 450.10 (3) (a) 12. A naturopathic doctor licensed under ch. 466.

SB866,38 Section 38 . 450.11 (7) (b) of the statutes is amended to read:

SB866,13,12 450.11 (7) (b) Information communicated to a physician, naturopathic doctor, physician assistant, or advanced practice nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.

SB866,39 Section 39. 450.11 (8) (f) of the statutes is created to read:

SB866,13,15 450.11 (8) (f) The naturopathic medicine examining board, insofar as this section applies to naturopathic doctors.

SB866,40 Section 40. 462.04 of the statutes is amended to read:

SB866,13,25 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic doctor licensed under ch. 466, a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s. 448.53.

SB866,41 Section 41. Chapter 466 of the statutes is created to read:

SB866,14,2 chapter 466

SB866,14,3 naturopathic MEDICINE

SB866,14,4 466.01 Definitions. In this chapter:

SB866,14,5 (1) “Board" means the naturopathic medicine examining board.

SB866,14,6 (2) “Drug” has the meaning given in s. 450.01 (10).

SB866,14,9 (3) “Minor office procedure" includes the methods for the repair and care incidental to superficial lacerations, superficial abrasions, and superficial lesions and the removal of foreign bodies located in the superficial tissues.

SB866,14,10 (4) “Naturopathic doctor" means an individual licensed under this chapter.

SB866,14,16 (5) (a) “Naturopathic medicine” means, except as provided in par. (b), a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injury, and disease; the promotion or restoration of health; and the support and stimulation of a patient's inherent self-healing processes through patient education and the use of naturopathic therapies and therapeutic substances, including all of the following:

SB866,14,20 1. Ordering and performing physical and laboratory examinations, for diagnostic purposes, consistent with naturopathic education and training, including diagnostic or evaluation methods, physical examinations, clinical laboratory tests, diagnostic sonography, electrocardiography, and phlebotomy.

SB866,14,21 2. Ordering diagnostic imaging studies.

SB866,14,22 3. Dispensing, administering, ordering, or performing any of the following:

SB866,14,23 a. Health education and health counseling.

SB866,15,3 b. Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanical medicines, homeopathic medicines, dietary supplements, and nonprescription drug products.

SB866,15,5 c. Hot or cold hydrotherapy, naturopathic physical medicine, the use of therapeutic medical equipment, and therapeutic exercise.

SB866,15,7 d. Devices, including therapeutic devices, barrier contraception, and durable medical equipment.

SB866,15,9 e. Any other diagnostic, therapeutic, or other procedure authorized by rule under s. 466.03 (2) (a).

SB866,15,10 4. Prescribing, dispensing, and administering drugs, subject to s. 961.397.

SB866,15,11 5. Performing minor office procedures.

SB866,15,15 6. Signing and attesting to any certificates, cards, forms or other required documentation that a physician may sign, so long as it is within the naturopathic doctor's scope of practice. This subdivision does not supersede any federal or state statute, rule, or regulation.

SB866,15,16 (b) “Naturopathic medicine” does not include any of the following:

SB866,15,17 1. Performing any surgical procedure other than a minor office procedure.

SB866,15,18 2. Using general or spinal anesthetics.

SB866,15,19 3. Administering ionizing radioactive substances for therapeutic purposes.

SB866,15,21 4. Performing surgical procedures involving the eye, ear, tendons, nerves, veins, or arteries that extend beyond superficial tissue.

SB866,15,23 5. Performing any procedure or other practice prohibited by the board by rule under s. 466.03 (2) (a).

SB866,15,24 (6) “Nonprescription drug product" has the meaning given in s. 450.01 (13m).

SB866,16,4 466.02 License required; use of titles. (1) (a) Except as provided in subs. (2) (a) and (b) and (3), no person may practice naturopathic medicine or make a representation as authorized to do so unless the person is licensed under this chapter.

SB866,16,15 (b) Except as provided in subs. (2) (b) and (3), no person may designate himself or herself as a naturopathic doctor or doctor of naturopathic medicine; use or assume the title “naturopathic physician,” “physician of naturopathic medicine,” “naturopathic doctor," “doctor of naturopathic medicine," “naturopathic medical doctor,” or “doctor of naturopathy"; use the words “naturopathic medicine” or “naturopathic health care” in connection with his or her practice; append to the person's name the letters “N.D.," “ND," “N.M.D.," or “NMD"; use any other titles, words, letters, abbreviations, insignia, or designation that would imply that the individual is licensed, certified, or registered as a naturopathic doctor or doctor of naturopathic medicine; or claim to render naturopathic medicine or naturopathic health care services unless the person is licensed under this chapter.

SB866,16,16 (2) (a) Subsection (1) (a) does not require a license for any of the following:

SB866,16,18 1. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

SB866,16,19 2. The provision of information in connection with the sale of vitamins or herbs.

SB866,16,21 3. The provision of advice regarding the use of a therapy including herbal medicine, homeopathy, nutrition, or other nondrug or nonsurgical therapy.

SB866,16,24 4. Any individual acting under an exemption from the requirement to obtain a license to practice medicine and surgery under s. 448.03 (2), to the extent that the individual's activities also fall within the practice of naturopathic medicine.

SB866,17,3 5. Any person who is providing patient services as directed, supervised, and inspected by a naturopathic doctor who has the power to direct, decide, and oversee the implementation of the patient services rendered.

SB866,17,4 (b) Subsection (1) (a) and (b) does not require a license for any of the following:

SB866,17,7 1. The practice of naturopathic medicine by an individual employed by the federal government while the individual is engaged in the performance of duties prescribed by federal law.

SB866,17,10 2. A person who is licensed to practice naturopathic medicine in another state or country and is providing consultation to or with or a demonstration to or with a naturopathic doctor who is licensed under this chapter.

SB866,17,15 3. The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical program that qualifies under s. 466.04 (1) (d) 1., provided that the performance of services is pursuant to a course of instruction or assignments from an instructor and is under the supervision of the instructor. The student shall use the title “ND candidate” with the intended year of graduation.

SB866,17,17 (3) The board may, by rule, establish additional exemptions from the requirements under sub. (1).

SB866,17,19 466.03 Duties and powers of examining board. (1) The board shall promulgate rules that establish all of the following:

SB866,17,21 (a) Standards of practice for and a code of ethics governing the professional conduct of naturopathic doctors.

SB866,17,23 (b) Continuing education requirements for an applicant seeking renewal of a license to practice naturopathic medicine.

SB866,18,3 (c) Examination standards and requirements for purposes of examinations required under s. 466.04 (1) (e), including required passing scores for examinations and the times when examinations are offered.

SB866,18,4 (2) The board may promulgate rules to do any of the following:

SB866,18,8 (a) Further define the scope of practice of naturopathic medicine. The board may expressly authorize diagnostic, therapeutic, or other practices that may be used by naturopathic doctors. The board may expressly prohibit diagnostic, therapeutic, or other practices.

SB866,18,11 (b) Establish character and fitness requirements for initial licensure or renewal of a license under this chapter and evidence required to demonstrate satisfaction of such requirements.

SB866,18,14 (c) Establish physical and mental competency requirements for initial licensure or renewal of a license under this chapter and evidence required to demonstrate satisfaction of such requirements.

SB866,18,17 (d) Establish evidence of professional competency requirements for initial licensure or renewal of a license under this chapter, including evidence relating to an applicant's licensure status in other states.

SB866,18,19 (e) Establish additional clinical, practical, or residency requirements for initial licensure under this chapter.

SB866,18,21 (f) Adopt minimum malpractice insurance requirements for naturopathic doctors.

SB866,18,24 (3) The board may, for purposes of s. 466.04 (1) (d) 1. e. and 2. f., disqualify any naturopathic medical program if the board determines the program does not adequately prepare students to practice naturopathic medicine.

SB866,19,2 466.04 License; renewal. (1) Naturopathic doctor license. The board shall grant a license as a naturopathic doctor to a person who does all of the following:

SB866,19,4 (a) Submits an application for the license to the department on a form provided by the department.

SB866,19,5 (b) Pays the fee specified in s. 440.05 (1).