HB2036 - 521R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-1503, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1503. Board organization; meetings; compensation; committees

A. The board shall annually elect, from among its membership, a chairman, a vice‑chairman and a secretary‑treasurer, who shall hold their respective offices at the pleasure of the board.

B. The board shall hold a regular meeting at least semiannually on a date and at a time and place it designates. In addition, the board may hold special meetings it deems necessary.

C. A majority of the members of the board constitutes a quorum, and a majority vote of a quorum present at any meeting governs all actions taken by the board, except as provided in section 32‑1525, subsection G I and section 32‑1526, subsection A.

D. Members of the board are eligible to receive compensation established by the board of not more than one hundred fifty dollars for each day of actual service in the business of the board.

E. In order to carry out the board's duties and functions, the chairman may establish committees from the board membership and define the duties of these committees. END_STATUTE

Sec. 2. Section 32-1523, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1523. Qualifications for license to practice by endorsement; restrictions

A. To be eligible for a license to practice naturopathic medicine pursuant to this chapter by endorsement, the applicant shall:

1. Qualify under section 32‑1522.

2. Be licensed to practice as a doctor of naturopathic medicine by either:

(a) Another state, district or territory of the United States.

(b) Another country that requires a written examination that is substantially equivalent to the written examination provided for in section 32‑1525.

3. Be actively engaged continuously active, for at least three years immediately preceding the application, in one or more of the following:

(a) Active practice as a doctor of naturopathic medicine.

(b) An approved internship, preceptorship or clinical training program in naturopathic medicine.

(d) The resident study of naturopathic medicine at an approved school of naturopathic medicine.

4. Pass the examination examinations provided for in section 32‑1525.

B. If an applicant for licensure pursuant to this section is licensed in another state, district or territory of the United States or another country that does not require that competency be shown in the same elective practice areas as this state, the applicant shall be required to successfully complete examinations in these elective practice areas or, if otherwise qualified, be issued a license that does not include these elective practice areas. END_STATUTE

Sec. 3. Section 32-1525, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1525. Examinations

A. The board shall use the naturopathic physicians licensing examination conducted by the North American board of naturopathic examiners, or its successor agency, for the national examinations required under sections 32‑1522, and 32‑1523 and 32‑1523.01. The board may administer its own examination only for those areas that are determined by the board to be necessary for the safe practice of naturopathic medicine and not covered on the naturopathic physicians licensing examination. The board must accept the grade issued by the North American board of naturopathic examiners without adjustment. A board member or staff member shall not have any financial interest in the North American board of naturopathic examiners or the naturopathic physicians licensing examination.

B. The examination required for a license under section 32‑1522 shall include the following subjects:

1. The basic medical science subjects of anatomy, basic pharmacology and toxicology, biochemistry, microbiology and immunology, physiology, pathology and naturopathic jurisprudence.

2. The clinical medical science subjects of dermatology, ophthalmology and otolaryngology, geriatrics, infectious diseases, neurology and psychiatry, pediatrics, obstetrics and gynecology, orthopedics, physical medicine and rehabilitation.

3. The clinical competency medical subjects of emergency medicine and minor surgery, clinical pharmacology, pharmacotherapeutics, internal medicine, laboratory diagnosis and diagnostic imaging, clinical nutrition, botanicals and diet therapy.

B. An individual who is applying for licensure under section 32‑1522 or 32‑1523.01 shall take and pass the following portions of the naturopathic physicians licensing examinations or other examinations:

1. Part I basic biomedical science examination.

2. Part II core science and core clinical science examinations.

3. Clinical elective examinations of minor surgery and acupuncture.

C. An individual who is applying for licensure under section 32‑1523:

1. Shall take and pass both:

(a) Part I basic biomedical science examination.

(b) Part II core science and core clinical science examinations.

2. Shall take and pass the clinical elective examinations of minor surgery and acupuncture if the person is applying for a license that includes those elective practice areas.

4. D. For all persons An individual who is applying for a license by endorsement pursuant to section 32‑1523 and who were was licensed in another state or a Canadian province before January 1, 2005, in addition to meeting the requirements of subsection C of this section, shall take and pass an additional sixty-hour course and examination in pharmacotherapeutics.

C. E. The examination examinations required for a license by endorsement under section 32-1522, 32‑1523 or 32‑1523.01 shall include an examination in Arizona naturopathic jurisprudence that is administered by the board.

D. F. Examinations for licensure under this chapter shall:

1. Be practical in character and consist of multiple choice and true and false questions.

2. Be designed to ascertain the applicant's knowledge of naturopathic medicine and the applicant's ability to practice naturopathic medicine.

3. Include examination questions that are generally accepted as necessary for a competent knowledge of the practice of naturopathic medicine.

E. G. The board by rule shall prescribe any subjects on which the applicant must be tested in addition to those required by this section. The board may prescribe rules for conducting its own examinations.

F. H. An applicant shall obtain a passing score on the national examination and shall obtain a grade of seventy‑five per cent percent or more in each subject administered by the board that is not covered on the national examination.

G. I. An applicant may challenge the applicant's grade on an examination conducted by the board by submitting a written request to the board within sixty days of receiving the grade. If the board upholds the applicant's challenge, it may change, within one hundred twenty days of the challenge, the grade on the examination on the vote of a majority of the full board.

H. J. An applicant for examination An individual applying for licensure under section 32‑1522 or 32‑1523.01 shall take and complete all of the examinations required by this section within a five-year period immediately preceding the submission of an application for licensure. Each time an applicant files a request with the board to retake any part of an examination, the applicant shall pay the examination fee pursuant to section 32‑1527.

I. K. All examination materials and records of examination grading are confidential and are not public records. END_STATUTE

Sec. 4. Section 32-1528, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1528. Retired licensee; waiver of fees; reinstatement

A. The board may waive a physician's annual renewal fee if the physician has paid all past fees and presents an affidavit to the board that the physician has permanently retired from the practice of naturopathic medicine.

B. A physician whose annual renewal fee has been waived by the board and who is permanently retired from the practice of naturopathic medicine is not required to comply with any continuing medical education requirements of this chapter.

C. If a retired physician who has had the annual renewal fee waived by the board engages in the practice of naturopathic medicine, the physician is subject to the same penalties that are imposed under this chapter on a person who practices naturopathic medicine without a license or without being exempt from licensure.

D. The board may reinstate a retired physician to active practice on payment of the annual renewal fee as prescribed in section 32‑1527 and, if requested by the board, on presentation of evidence satisfactory to the board that the applicant for reinstatement of a retired license is professionally able to engage or assist in the practice of naturopathic medicine and possesses the professional knowledge required. and presentation of evidence satisfactory to the board that the physician meets the qualifications prescribed under section 32‑1522, subsection A, paragraphs 4, 5 and 6.

E. If an applicant for reinstatement of a retired license has not been licensed and actively practicing in a jurisdiction of the United States or Canada in the three years immediately preceding the application, the board may issue a limited license that requires a period of general or direct supervision by another licensed naturopathic physician not to exceed one year. END_STATUTE

Sec. 5. Section 32-1552, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1552. Reinstatement of a suspended license, certificate or registration; reissuance of a revoked license, certificate or registration

A. A person whose license, certificate or registration has been suspended for an indefinite period of time or revoked by the board may apply to the board for the termination of the suspension or reissuance of the revoked license, certificate or registration under the following terms and conditions:

1. The application shall be has been submitted in writing, shall be has been verified under oath and shall contain contains or have has attached to it substantial evidence showing that the basis for suspension or revocation has been removed and that the termination of the suspension or reissuance of the revoked license, certificate or registration will not constitute a threat to the public health or safety.

2. The applicant has paid the application fee as prescribed in section 32‑1527 and, if requested by the board, has presented evidence satisfactory to the board that the applicant is professionally able to engage or assist in the practice of naturopathic medicine and possesses the professional knowledge required.

2. 3. If it is an application for the termination of a suspension for an indefinite period, the applicant has not applied for termination more frequently than once in any six-month period.

3. 4. If it is an application for the reissuance of a revoked license, certificate or registration, the applicant has not applied for reissuance more frequently than once in any twenty‑four-month period.

B. The board may interview an applicant under subsection A of this section.

C. The board shall make its determination on each application as it deems consistent with the public health and safety and just in the circumstances. END_STATUTE