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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
homeopathic
medicine; integrated medicine; qualifications
(NOW: homeopathic medicine; qualifications)
Purpose
Establishes a pathway for acupuncturists, physical therapists, naturopaths, chiropractors, individuals trained by the U.S. Armed Forces in emergency medical care and individuals who complete an approved program to become licensed homeopathic physicians.
Background
The Board of Homeopathic and Integrated Medicine Examiners (Board) is responsible for the licensing and oversight of the practice of homeopathic and integrated medicine in Arizona, including but not limited to: 1) conducting all licensure examinations, issuing licenses and conducting hearings; 2) enforcing prescribed standards of practice; 3) collecting and accounting for fees; 4) maintaining a record of its acts and proceedings; 5) maintaining a roster of all licensees; and 6) adopting and using a seal. Additionally the Board may adopt necessary rules and hire personnel to enforce laws governing homeopathic and integrated medicine (A.R.S. § 32-2904). The Board must appoint an executive director from outside its membership, who serves at the pleasure of the Board (A.R.S. § 32-2905).
The Board must
grant a license to practice homeopathic medicine to an applicant who:
1) holds a degree from an approved school of medicine or has received an
equivalent medical education; 2) holds a license in good standing to practice
medicine as a medical or osteopathic physician in Arizona or is licensed in
another state, district or territory of the United States; 3) has a
professional record indicating the applicant has not had a license to practice
medicine refused, revoked, suspended or restricted for reasons related to the
applicant's ability to competently and safely practice medicine; 4) has a
professional record indicating the applicant has not committed or engaged in
any conduct constituting disciplinary action; 5) has the physical and mental
capacity to safely engage in the practice of medicine; 6) pays all required
fees and costs; and 7) completes the application. However, an applicant may
also be licensed as a homeopath without holding a license as a medical or
osteopathic physician if the applicant holds a degree from an approved school
of medicine (A.R.S.
32-2912).
For a homeopath that is also licensed to practice as a medical or osteopathic physician, practice of homeopathic medicine means the practice of medicine in which a person purports to diagnose, treat or correct real or imagined human diseases, injuries, ailments, infirmities and deformities of a physical or mental origin and includes acupuncture, chelation therapy, homeopathy, minor surgery, neuromuscular integration, nutrition, orthomolecular therapy and pharmaceutical medicine. For a homeopath that does not hold an additional medical license, practice of homeopathic medicine means the practice of medicine in which a person purports to diagnose, treat or correct real or imagined human diseases, injuries, ailments, infirmities and deformities of a physical or mental origin by means of homeopathy and nutrition.
Homeopathy is a system of medicine that employs homeopathic medication in accordance with the principle that a substance that produces symptoms in a healthy person can cure those symptoms in an ill person (A.R.S. § 32-2901).
The Joint Legislative Budget Committee fiscal note presumes S.B. 1163 will result in additional licensing fee revenues for the Board, 10 percent of which is deposited into the state General Fund. However, the magnitude of this impact cannot be determined in advance, as it is unknown how many newly eligible individuals will apply for licensure (JLBC).
Provisions
1. Requires the Board to award a license to practice homeopathic medicine to an eligible applicant who has completed an approved training program.
2. Eliminates the ability of the Board to appoint a temporary secretary to perform the duties of the executive director if that office is vacant.
3. Directs the executive director of the Acupuncture Board of Examiners to serve as the executive director of the Board.
4. Requires the staff of the Acupuncture Board of Examiners to carry out the administrative responsibilities of the Board.
5. Requires the executive director of the Board to perform all duties of the Board and employ personnel necessary to carry out Board functions.
6. Requires the Board to meet each January with the Acupuncture Board of Examiners to set financial compensation for staff and operating expense sharing.
7. Requires the licensing exam for a prospective homeopathic physician seeking licensure through an approved training program to include all subject that are generally accepted as necessary for a thorough knowledge of the practice of homeopathic medicine.
8. Requires the Board to prescribe rules for conducting the homeopathic licensure examination and set the passing grade.
9. Directs the Board to issue a license, without examination, to any applicant that holds or has passed the examination to hold a certification from the Council for Homeopathic Certification or its equivalent.
10. Removes the requirement that the executive director send a license renewal notice by first class mail to the address most recently provided to the Board.
11. Requires the Board to include a list of approved training programs in its annual directory.
12. Requires licensees to inform the Board in writing of any change in personal or work email address within 45 days.
13. Removes the requirement that the Board:
a) elect a secretary-treasurer from its membership; and
b) include the signatures of the president or vice-president and secretary-treasurer together with the Board's seal as evidence of its official acts.
14. Classifies it as a class 5 felony to practice as a homeopathic practitioner without being licensed or exempt from licensure.
15. Classifies it as a class 2 misdemeanor to use the titles of osteopathic medicine (homeopathic) or homeopathic practitioner without being licensed.
16. Allows a licensee to use the titles homeopathic physician if the licensee holds:
a) a degree from an approved school of medicine or has received an equivalent medical education; or
b) a license in good standing to practice medicine as a medical or osteopathic physician in Arizona or by another state, district or territory of the United States.
17. Allows a licensee that does not hold a degree from an approved medical school or a license to practice medicine in good standing to use the designations homeopathic practitioner, doctor of homeopathy or homeopathic doctor, except that only a person dual-licensed as an acupuncturist, naturopath, physical therapist or chiropractor may use the designations homeopathic doctor or doctor of homeopathy.
18. Allows the Board to adopt in rule abbreviations for titles used by homeopathic physicians.
19. Defines approved training program, for a person seeking licensure as a homeopath, as a program that requires the person to both:
a) successfully complete:
i. a program that would qualify an applicant for certification or licensure as a chiropractor, naturopath, physical therapist or acupuncturist;
ii. training and testing by the U.S. Armed Forces at a level comparable to the national standards for emergency medical care technicians; or
iii. a program approved by the Board or accredited by the Accreditation Commission for Homeopathic Education in North America, its successor organization or a similar accrediting body; and
b) meet one of the following:
i. hold, or pass the examination to hold, a certification from the Council for Homeopathic Certification or its successor; or
ii. complete a Board-approved program designed to prepare the person for the practice of homeopathic medicine.
20. Makes technical and conforming changes.
21. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the addition of the practice and licensure of doctors of integrated medicine.
2. Removes the ability to become licensed as a homeopathic physician by way of receiving a medical degree or certification in an approved foreign county.
3. Reorganizes the definition of approved training program.
4. Allows individuals licensed by way of completing an approved training program to use the title of homeopathic doctor only if the individual is licensed as an acupuncturist, physical therapist, naturopath or chiropractor.
Amendments Adopted by Committee of the Whole
· Makes conforming changes.
Senate Action
HHS 2/6/24 DPA 7-0-0
Prepared by Senate Research
February 19, 2024
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